---
kind: "section"
citation: "21 U.S.C. § 455"
title: "21"
title_heading: "Food and Drugs"
number: "455"
heading: "Inspection in official establishments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/455"
units:
  - "Chapter 10 — Poultry and Poultry Products Inspection"
---

# §455. Inspection in official establishments

- (a) **Ante mortem inspection—** For the purpose of preventing the entry into or flow or movement in [commerce](/usc/21/453.md?p=a) of, or the burdening of [commerce](/usc/21/453.md?p=a) by, any [poultry product](/usc/21/453.md?p=f) which is [capable of use as human food](/usc/21/453.md?p=v) and is [adulterated](/usc/21/453.md?p=g), the [Secretary](/usc/21/453.md?p=i) shall, where and to the extent considered by him necessary, cause to be made by [inspectors](/usc/21/453.md?p=k) ante mortem inspection of [poultry](/usc/21/453.md?p=e) in each [official establishment](/usc/21/453.md?p=p) processing [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) or otherwise subject to inspection under this chapter.
- (b) **Post mortem inspection; quarantine, segregation, and reinspection—** The [Secretary](/usc/21/453.md?p=i), whenever processing operations are being conducted, shall cause to be made by [inspectors](/usc/21/453.md?p=k) post mortem inspection of the carcass of each bird [processed](/usc/21/453.md?p=w), and at any time such quarantine, segregation, and reinspection as he deems necessary of [poultry](/usc/21/453.md?p=e) and [poultry products](/usc/21/453.md?p=f) [capable of use as human food](/usc/21/453.md?p=v) in each [official establishment](/usc/21/453.md?p=p) processing such [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) or otherwise subject to inspection under this chapter.
- (c) **Condemnation; appeal; reprocessing—** All [poultry](/usc/21/453.md?p=e) carcasses and parts thereof and other [poultry products](/usc/21/453.md?p=f) found to be [adulterated](/usc/21/453.md?p=g) shall be condemned and shall, if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an [inspector](/usc/21/453.md?p=k): Provided, That carcasses, parts, and products, which may by reprocessing be made not [adulterated](/usc/21/453.md?p=g), need not be so condemned and destroyed if so reprocessed under the supervision of an [inspector](/usc/21/453.md?p=k) and thereafter found to be not [adulterated](/usc/21/453.md?p=g). If an appeal be taken from such determination, the carcasses, parts, or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the [Secretary](/usc/21/453.md?p=i) determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts, and products shall be destroyed for human food purposes under the supervision of an [inspector](/usc/21/453.md?p=k).

## Source credit

(Pub. L. 85–172, § 6, Aug. 28, 1957, 71 Stat. 443; Pub. L. 90–492, § 6, Aug. 18, 1968, 82 Stat. 798.)

## Notes

### Editorial Notes

### Amendments

1968—Par. (a). Pub. L. 90–492, § 6(a), substituted “of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated,” for “or a designated major consuming area of any poultry product which is unwholesome or adulterated,” “each official establishment” for “any official establishment”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”.

Par. (b). Pub. L. 90–492, § 6(b), substituted “segregation, and reinspection” for “segregation, reinspection”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”, and inserted “capable of use as human food” after “necessary of poultry and poultry products”.

Par. (c). Pub. L. 90–492, § 6(c), inserted “other” before “poultry products”, and substituted “to be adulterated” for “to be unwholesome or adulterated”, “made not adulterated” for “made not unwholesome and not adulterated”, and “to be not adulterated” for “to be not unwholesome and not adulterated”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1968 Amendment

Amendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title.

### Applicability of Chapter Requirements to Birds of the Order Ratitae

Pub. L. 106–387, § 1(a) [title VII, § 752], Oct. 28, 2000, 114 Stat. 1549, 1549A–41, provided that: “Effective 180 days after the date of the enactment of this Act [Oct. 28, 2000] and continuing for the remainder of fiscal year 2001 and each subsequent fiscal year, establishments in the United States that slaughter or process birds of the order Ratitae, such as ostriches, emus and rheas, and squab, for distribution in commerce as human food shall be subject to the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the voluntary poultry inspection program of the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622).”