---
kind: "section"
citation: "21 U.S.C. § 472"
title: "21"
title_heading: "Food and Drugs"
number: "472"
heading: "Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/472"
units:
  - "Chapter 10 — Poultry and Poultry Products Inspection"
---

# §472. Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments

- (a) **Definitions—**
  - (1) **Appropriate State agency—** The term “appropriate [State](/usc/21/453.md?p=b) agency” means a [State](/usc/21/453.md?p=b) agency described in [section 454(a)(1) of this title](/usc/21/454.md?p=a-1).
  - (2) **Designated personnel—** The term “designated personnel” means inspection personnel of a [State](/usc/21/453.md?p=b) agency that have undergone all necessary inspection training and certification to assist the [Secretary](/usc/21/453.md?p=i) in the administration and enforcement of this chapter, including rules and regulations issued under this chapter.
  - (3) **Eligible establishment—** The term “eligible establishment” means an establishment that is in compliance with—
    - (A) the [State](/usc/21/453.md?p=b) inspection program of the [State](/usc/21/453.md?p=b) in which the establishment is located; and
    - (B) this chapter, including rules and regulations issued under this chapter.
  - (4) **Poultry item—** The term “[poultry](/usc/21/453.md?p=e) item” means—
    - (A) a portion of [poultry](/usc/21/453.md?p=e); and
    - (B) a [poultry product](/usc/21/453.md?p=f).
  - (5) **Selected establishment—** The term “selected establishment” means an eligible establishment that is selected by the [Secretary](/usc/21/453.md?p=i), in coordination with the appropriate [State](/usc/21/453.md?p=b) agency of the [State](/usc/21/453.md?p=b) in which the eligible establishment is located, under [subsection (b)](#b) to ship [poultry](/usc/21/453.md?p=e) items in interstate [commerce](/usc/21/453.md?p=a).
- (b) **Authority of Secretary to allow shipments—**
  - (1) **In general—** Subject to [paragraph (2)](#b-2), the [Secretary](/usc/21/453.md?p=i), in coordination with the appropriate [State](/usc/21/453.md?p=b) agency of the [State](/usc/21/453.md?p=b) in which an establishment is located, may select the establishment to ship [poultry](/usc/21/453.md?p=e) items in interstate [commerce](/usc/21/453.md?p=a), and place on each [poultry](/usc/21/453.md?p=e) item shipped in interstate [commerce](/usc/21/453.md?p=a) a Federal mark, stamp, tag, or [label](/usc/21/453.md?p=s) of inspection, if—
    - (A) the [poultry](/usc/21/453.md?p=e) item qualifies for the Federal mark, stamp, tag, or [label](/usc/21/453.md?p=s) of inspection under the requirements of this chapter;
    - (B) the establishment is an eligible establishment; and
    - (C) [inspection services](/usc/21/453.md?p=q) for the establishment are provided by designated personnel.
  - (2) **Prohibited establishments—** In carrying out [paragraph (1)](#b-1), the [Secretary](/usc/21/453.md?p=i), in coordination with an appropriate [State](/usc/21/453.md?p=b) agency, shall not select an establishment that—
    - (A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the [Secretary](/usc/21/453.md?p=i);
    - (B) as of the date of the enactment of this section, ships in interstate [commerce](/usc/21/453.md?p=a) carcasses, portions of carcasses, or [poultry](/usc/21/453.md?p=e) items that are inspected by the [Secretary](/usc/21/453.md?p=i) in accordance with this chapter;
    - (C)
      - (i) is a Federal establishment;
      - (ii) was a Federal establishment as of the date of the enactment of this section, and was reorganized on a later date under the same name or a different name or [person](/usc/21/453.md?p=j) by the [person](/usc/21/453.md?p=j), firm, or corporation that controlled the establishment as of the date of the enactment of this section; or
      - (iii) was a [State](/usc/21/453.md?p=b) establishment as of the date of the enactment of this section that—
        - (I) as of the date of the enactment of this section, employed more than 25 employees; and
        - (II) was reorganized on a later date by the [person](/usc/21/453.md?p=j), firm, or corporation that controlled the establishment as of the date of the enactment of this section;
    - (D) is in violation of this chapter;
    - (E) is located in a [State](/usc/21/453.md?p=b) that does not have a [State](/usc/21/453.md?p=b) inspection program; or
    - (F) is the subject of a transition carried out in accordance with a procedure developed by the [Secretary](/usc/21/453.md?p=i) under [paragraph (3)(A)](#b-3-A).
  - (3) **Establishments that employ more than 25 employees—**
    - (A) **Development of procedure—** The [Secretary](/usc/21/453.md?p=i) may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees.
    - (B) **Eligibility of certain establishments—**
      - (i) **In general—** A [State](/usc/21/453.md?p=b) establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection.
      - (ii) **Procedures—** A [State](/usc/21/453.md?p=b) establishment shall be subject to the procedures established under [subparagraph (A)](#b-3-A) beginning on the date that is 3 years after the effective date described in [subsection (i)](#i).
- (c) **Reimbursement of State costs—** The [Secretary](/usc/21/453.md?p=i) shall reimburse a [State](/usc/21/453.md?p=b) for costs related to the inspection of selected establishments in the [State](/usc/21/453.md?p=b) in accordance with Federal requirements in an amount of not less than 60 percent of eligible [State](/usc/21/453.md?p=b) costs.
- (d) **Coordination between Federal and State agencies—**
  - (1) **In general—** The [Secretary](/usc/21/453.md?p=i) shall designate an employee of the Federal Government as [State](/usc/21/453.md?p=b) coordinator for each appropriate [State](/usc/21/453.md?p=b) agency—
    - (A) to provide oversight and enforcement of this section; and
    - (B) to oversee the training and inspection activities of designated personnel of the [State](/usc/21/453.md?p=b) agency.
  - (2) **Supervision—** A [State](/usc/21/453.md?p=b) coordinator shall be under the direct supervision of the [Secretary](/usc/21/453.md?p=i).
  - (3) **Duties of State coordinator—**
    - (A) **In general—** A [State](/usc/21/453.md?p=b) coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this chapter (including regulations and policies under this chapter).
    - (B) **Quarterly reports—** A [State](/usc/21/453.md?p=b) coordinator shall, on a quarterly basis, submit to the [Secretary](/usc/21/453.md?p=i) a report that describes the status of each selected establishment that is under the jurisdiction of the [State](/usc/21/453.md?p=b) coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter.
    - (C) **Immediate notification requirement—** If a [State](/usc/21/453.md?p=b) coordinator determines that any selected establishment that is under the jurisdiction of the [State](/usc/21/453.md?p=b) coordinator is in violation of any requirement of this chapter, the [State](/usc/21/453.md?p=b) coordinator shall—
      - (i) immediately notify the [Secretary](/usc/21/453.md?p=i) of the violation; and
      - (ii) deselect the selected establishment or suspend inspection at the selected establishment.
  - (4) **Performance evaluations—** Performance evaluations of [State](/usc/21/453.md?p=b) coordinators designated under this subsection shall be conducted by the [Secretary](/usc/21/453.md?p=i) as part of the Federal agency management control system.
- (e) **Audits—**
  - (1) **Periodic audits conducted by Inspector General of the Department of Agriculture—** Not later than 2 years after the effective date described in [subsection (i)](#i), and not less often than every 3 years thereafter, the [Inspector](/usc/21/453.md?p=k) General of the Department of Agriculture shall conduct an audit of each activity taken by the [Secretary](/usc/21/453.md?p=i) under this section for the period covered by the audit to determine compliance with this section.
  - (2) **Audit conducted by Comptroller General of the United States—** Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the [United States](/usc/21/453.md?p=d) shall conduct an audit of the implementation of this section to determine—
    - (A) the effectiveness of the implementation of this section; and
    - (B) the number of selected establishments selected by the [Secretary](/usc/21/453.md?p=i) to ship [poultry](/usc/21/453.md?p=e) items under this section.
- (f) **Transition grants—** The [Secretary](/usc/21/453.md?p=i) may provide grants to appropriate [State](/usc/21/453.md?p=b) agencies to assist the appropriate [State](/usc/21/453.md?p=b) agencies in helping establishments covered by this chapter to transition to selected establishments.
- (g) **Violations—** Any selected establishment that the [Secretary](/usc/21/453.md?p=i) determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the [Secretary](/usc/21/453.md?p=i) under [subsection (b)(3)(A)](#b-3-A).
- (h) **Effect—** Nothing in this section limits the jurisdiction of the [Secretary](/usc/21/453.md?p=i) with respect to the regulation of [poultry](/usc/21/453.md?p=e) and [poultry products](/usc/21/453.md?p=f) under this chapter.
- (i) **Effective date—**
  - (1) **In general—** This section takes effect on the date on which the [Secretary](/usc/21/453.md?p=i), after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section.
  - (2) **Requirement—** Not later than 18 months after the date of the enactment of this section, the [Secretary](/usc/21/453.md?p=i) shall promulgate final regulations in accordance with [paragraph (1)](#i-1).

## Source credit

(Pub. L. 85–172, § 31, as added Pub. L. 110–234, title XI, § 11015(b), May 22, 2008, 122 Stat. 1365, and Pub. L. 110–246, § 4(a), title XI, § 11015(b), June 18, 2008, 122 Stat. 1664, 2127.)

## Notes

### Editorial Notes

### References in Text

The date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and (i)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Final regulations to carry out this section, referred to in subsec. (i)(1), were published in the Federal Register on May 2, 2011, eff. July 1, 2011; see 76 F.R. 24756.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.