--- kind: "section" citation: "21 U.S.C. § 457" title: "21" title_heading: "Food and Drugs" number: "457" heading: "Labeling and container standards" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/21/457" units: - "Chapter 10 — Poultry and Poultry Products Inspection" --- # §457. Labeling and container standards - (a) **Requirements for shipping containers and immediate containers; nonconsumer packaged carcasses—** All [poultry products](/usc/21/453.md?p=f) inspected at any [official establishment](/usc/21/453.md?p=p) under the authority of this chapter and found to be not [adulterated](/usc/21/453.md?p=g), shall at the time they leave the establishment bear, in distinctly legible form, on their [shipping containers](/usc/21/453.md?p=t) and [immediate containers](/usc/21/453.md?p=u) as the [Secretary](/usc/21/453.md?p=i) may require, the information required under paragraph (h) of [section 453 of this title](/usc/21/453.md). In addition, the [Secretary](/usc/21/453.md?p=i) whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under such paragraph (h). - (b) **Labeling requirements; definitions and standards of identity or composition or articles and standards of fill of container; standards consistent with Federal Food, Drug, and Cosmetic Act; consistency between Federal and State standards—** The [Secretary](/usc/21/453.md?p=i), whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in [labeling](/usc/21/453.md?p=s) to avoid false or misleading [labeling](/usc/21/453.md?p=s) in marking and [labeling](/usc/21/453.md?p=s) any articles or [poultry](/usc/21/453.md?p=e) subject to this chapter; (2) definitions and standards of identity or composition or articles subject to this chapter and standards of fill of [container](/usc/21/453.md?p=r) for such articles not inconsistent with any such standards established under the [Federal Food, Drug, and Cosmetic Act](/usc/21/453.md?p=x) [[21 U.S.C. 301](/usc/21/301.md) et seq.], and there shall be consultation between the [Secretary](/usc/21/453.md?p=i) and the [Secretary](/usc/21/453.md?p=i) of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of this chapter and the [Federal Food, Drug, and Cosmetic Act](/usc/21/453.md?p=x). There shall also be consultation between the [Secretary](/usc/21/453.md?p=i) and an appropriate advisory committee provided for in [section 454 of this title](/usc/21/454.md), prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and [State](/usc/21/453.md?p=b) standards. - (c) **Use of trade names; false or misleading marking or labeling; misleading form or size of container—** No article subject to this chapter shall be sold or offered for sale by any [person](/usc/21/453.md?p=j) in [commerce](/usc/21/453.md?p=a), under any name or other marking or [labeling](/usc/21/453.md?p=s) which is false or misleading, or in any [container](/usc/21/453.md?p=r) of a misleading form or size, but established trade names and other marking and [labeling](/usc/21/453.md?p=s) and [containers](/usc/21/453.md?p=r) which are not false or misleading and which are approved by the [Secretary](/usc/21/453.md?p=i) are permitted. - (d) **Withholding use of false or misleading mark, label, or container size or form; modification; hearing; conclusiveness of determination; appeal—** If the [Secretary](/usc/21/453.md?p=i) has reason to believe that any marking or [labeling](/usc/21/453.md?p=s) or the size or form of any [container](/usc/21/453.md?p=r) in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, [labeling](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) is modified in such manner as he may prescribe so that it will not be false or misleading. If the [person](/usc/21/453.md?p=j) using or proposing to use the marking, [labeling](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) does not accept the determination of the [Secretary](/usc/21/453.md?p=i), such [person](/usc/21/453.md?p=j) may request a hearing, but the use of the marking, [labeling](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) shall, if the [Secretary](/usc/21/453.md?p=i) so directs, be withheld pending hearing and final determination by the [Secretary](/usc/21/453.md?p=i). Any such determination by the [Secretary](/usc/21/453.md?p=i) shall be conclusive unless, within thirty days after receipt of notice of such final determination, the [person](/usc/21/453.md?p=j) adversely affected thereby appeals to the [United States](/usc/21/453.md?p=d) Court of Appeals for the circuit in which such [person](/usc/21/453.md?p=j) has its principal place of business or to the [United States](/usc/21/453.md?p=d) Court of Appeals for the District of Columbia Circuit. The provisions of [section 194 of title 7](/usc/7/194.md) shall be applicable to appeals taken under this section. ## Source credit (Pub. L. 85–172, § 8, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90–492, § 8, Aug. 18, 1968, 82 Stat. 799; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) ## Notes ### Editorial Notes ### References in Text The Federal Food, Drug, and Cosmetic Act, referred to in par. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. ### Amendments 1968—Par. (a). Pub. L. 90–492 substituted provisions requiring shipping containers and immediate containers, as the Secretary may order, to bear the information required under section 453(h) of this title, and provisions, whenever the Secretary determines such action to be practicable and necessary, requiring nonconsumer packaged carcasses at the time they leave the official establishment to bear the information required under the aforementioned section, for provisions requiring shipping containers to bear the official mark and the approved plant number of the official establishment in which the contents were processed, provisions requiring immediate containers to bear the official inspection mark, the name of the product, a statement of ingredients, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed, and provisions authorizing the Secretary to make reasonable variations and grant exemptions from the foregoing labeling requirements. Par. (b). Pub. L. 90–492 added par. (b). Provisions of former par. (b) were redesignated as pars. (c) and (d). Par. (c). Pub. L. 90–492 redesignated part of provisions of former par. (b) as (c) and made changes in phraseology. Par. (d). Pub. L. 90–492 redesignated part of provisions of former par. (b) as (d) and extended the authority of the Secretary to withhold from use products which have false or misleading markings or containers. ### Statutory Notes and Related Subsidiaries ### Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. ### 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.