---
kind: "section"
citation: "21 U.S.C. § 460"
title: "21"
title_heading: "Food and Drugs"
number: "460"
heading: "Miscellaneous activities subject to regulation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/460"
units:
  - "Chapter 10 — Poultry and Poultry Products Inspection"
---

# §460. Miscellaneous activities subject to regulation

- (a) **Prohibition of inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles—** Inspection shall not be provided under this chapter at any establishment for the slaughter of [poultry](/usc/21/453.md?p=e) or the processing of any carcasses or parts or products of [poultry](/usc/21/453.md?p=e), which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in [commerce](/usc/21/453.md?p=a), unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the [Secretary](/usc/21/453.md?p=i) to deter their use for human food. No [person](/usc/21/453.md?p=j) shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in [commerce](/usc/21/453.md?p=a), or import, any [poultry](/usc/21/453.md?p=e) carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the [Secretary](/usc/21/453.md?p=i) or are naturally inedible by humans.
- (b) **Recordkeeping requirements; persons liable; scope of disclosure; access to places of business; examination of records, facilities, and inventories; copies; samples—** The following classes of [persons](/usc/21/453.md?p=j) shall, for such period of time as the [Secretary](/usc/21/453.md?p=i) may by regulations prescribe, not to exceed two years unless otherwise directed by the [Secretary](/usc/21/453.md?p=i) for good cause shown, keep such records as are properly necessary for the effective enforcement of this chapter in order to insure against [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) [poultry products](/usc/21/453.md?p=f) for the American consumer; and all [persons](/usc/21/453.md?p=j) subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the [Secretary](/usc/21/453.md?p=i), afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such rec­ords, and to take reasonable samples of their inventory upon payment of the fair market value therefor—
  - (1) Any [person](/usc/21/453.md?p=j) that engages in the business of slaughtering any [poultry](/usc/21/453.md?p=e) or processing, freezing, packaging, or [labeling](/usc/21/453.md?p=s) any carcasses, or parts or products of carcasses, of any [poultry](/usc/21/453.md?p=e), for [commerce](/usc/21/453.md?p=a), for use as human food or animal food;
  - (2) Any [person](/usc/21/453.md?p=j) that engages in the business of buying or selling (as [poultry products brokers](/usc/21/453.md?p=z), wholesalers or otherwise), or transporting, in [commerce](/usc/21/453.md?p=a), or storing in or for [commerce](/usc/21/453.md?p=a), or importing, any carcasses, or parts or products of carcasses, of any [poultry](/usc/21/453.md?p=e);
  - (3) Any [person](/usc/21/453.md?p=j) that engages in business, in or for [commerce](/usc/21/453.md?p=a), as a [renderer](/usc/21/453.md?p=aa), or engages in the business of buying, selling, or transporting, in [commerce](/usc/21/453.md?p=a), or importing, any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e) or parts of the carcasses of any [poultry](/usc/21/453.md?p=e) that died otherwise than by slaughter.
- (c) **Registration of business, name of person, and trade names—** No [person](/usc/21/453.md?p=j) shall engage in business, in or for [commerce](/usc/21/453.md?p=a), as a [poultry products broker](/usc/21/453.md?p=z), [renderer](/usc/21/453.md?p=aa), or [animal food manufacturer](/usc/21/453.md?p=bb), or engage in business in [commerce](/usc/21/453.md?p=a) as a wholesaler of any carcasses, or parts or products of the carcasses, of any [poultry](/usc/21/453.md?p=e), whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for [commerce](/usc/21/453.md?p=a), or engage in the business of buying, selling, or transporting in [commerce](/usc/21/453.md?p=a), or importing, any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e), or parts of the carcasses of any [poultry](/usc/21/453.md?p=e) that died otherwise than by slaughter, unless when required by regulations of the [Secretary](/usc/21/453.md?p=i), he has registered with the [Secretary](/usc/21/453.md?p=i) his name, and the address of each place of business at which, and all trade names under which, he conducts such business.
- (d) **Regulation of transactions, transportation, or importation of dead, dying, disabled or diseased poultry or carcasses to prevent use as human food—** No [person](/usc/21/453.md?p=j) engaged in the business of buying, selling, or transporting in [commerce](/usc/21/453.md?p=a), or importing, dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e), or any parts of the carcasses of any [poultry](/usc/21/453.md?p=e) that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in [commerce](/usc/21/453.md?p=a), or import, any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e) or parts of the carcasses of any [poultry](/usc/21/453.md?p=e) that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the [Secretary](/usc/21/453.md?p=i) may prescribe to assure that such [poultry](/usc/21/453.md?p=e), or the unwholesome parts or products thereof, will be prevented from being used for human food.
- (e) **Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority—** The authority conferred on the [Secretary](/usc/21/453.md?p=i) by paragraph (b), (c), or (d) of this section with respect to [persons](/usc/21/453.md?p=j) engaged in the specified kinds of business in or for [commerce](/usc/21/453.md?p=a) may be exercised with respect to [persons](/usc/21/453.md?p=j) engaged, in any [State](/usc/21/453.md?p=b) or organized [territory](/usc/21/453.md?p=c), in such kinds of business but not in or for [commerce](/usc/21/453.md?p=a), whenever the [Secretary](/usc/21/453.md?p=i) determines, after consultation with an appropriate advisory committee provided for in [section 454 of this title](/usc/21/454.md), that the [State](/usc/21/453.md?p=b) or [territory](/usc/21/453.md?p=c) does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter, including the [State](/usc/21/453.md?p=b) or [territory](/usc/21/453.md?p=c) providing for the [Secretary](/usc/21/453.md?p=i) or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of paragraph (b), (c), or (d) of this section, respectively, shall apply to such [persons](/usc/21/453.md?p=j) to the same extent and in the same manner as if they were engaged in such business in or for [commerce](/usc/21/453.md?p=a) and the transactions involved were in [commerce](/usc/21/453.md?p=a).

## Source credit

(Pub. L. 85–172, § 11, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 11, Aug. 18, 1968, 82 Stat. 801.)

## Notes

### Editorial Notes

### Amendments

1968—Pub. L. 90–492 designated existing provisions as par. (b), added pars. (a), and (c) to (e), and in par. (b), as so designated, extended the types of persons required to maintain records necessary for the enforcement of this chapter, required such persons to give representatives of the Secretary access to their places of business, and opportunity to examine records, facilities, and inventories and to copy records and take inventory samples upon payment.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1968 Amendment

Amendment by Pub. L. 90–492 effective Aug. 18, 1968, except that par. (d) effective upon the expiration of sixty days after Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title.