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H.R. 16363 (90th): An Act to clarify and otherwise amend the Poultry Products Inspection Act, to provide for cooperation with appropriate State agencies with respect to State poultry products inspection programs, and for other purposes


The text of the bill below is as of Aug 18, 1968 (Passed Congress).


82 STAT. ]                PUBLIC LAW 90-492-AUG. 18, 1968                                     791

voluntarily enters upon active duty or whose active duty is volun-
tarily extended the provisions of this paragraph shall apply only
when such additional active duty is at the request and for the conven-
ience of the Federal Government."
   SEC. 2. Section 3551 of title 5, United States Code, is amended by ^JJ,f„yees.^'^'
striking out ", to be restored to the position held when ordered to so stat. 42 9.
duty." and by substituting in lieu thereof the following: "within the
time limits specified in section 9(g) of the Military Selective Service
Act of 1967 (50 U.S.C. A p p . 4 5 9 ( g ) ) , to be restored to the position ^"te. p. 790.
held by him when ordered to duty. However, a Reserve or member of ^n^h^^o^j^-'ons
the National Guard who leaves a position for which the salary is dis- '^^"'^ ^°^' '°"^'
bursed by the Secretary of the Senate or the Clerk of the House of
Representatives is entitled on release from active duty to be restored
only under the provisions of section 459 of title 50, appendix, United
States Code."
   Approved August 17, 1968.


Public Law 90-492
                                      AN A C T                                    August 18, 1968
To clarify and otherwise amend the Poultry Products Inspection Act, to provide     L_ '.      .
  for cooperation with appropriate State agencies with respect to State poultry
  products inspection programs, and for other pui-poses.

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled., That this Act may p^'J°/''^pr'^ducts
be cited as the "Wholesome Poultry Products Act".                         Act*.
   SEC. 2. Section 2 of the Poultry Products Inspection Act (71 Stat.
441, as amended; 21 U.S.C. 451) is hereby amended to read:
   "SEC. 2. Poultry and poultry products are an important source of
the Nation's total supply of food. They are consumed tliroughout the
Nation and the major portion thereof moves in interstate or foreign
commerce. I t is essential in the public interest that the health and
welfare of consumers be protected by assuring that poultry products
distributed to them are wholesome, not adulterated, and properly
marked, labeled, and packaged. Unwholesome, adulterated, or mis-
branded poultry products impair the effective regulation of poultry
products in interstate or foreign commerce, are injurious to the public
welfare, destroy markets for wholesome, not adulterated, and properly
labeled and packaged poultry products, and result in sundry losses
to poultry producers and processors of poultry and poultry products,
as well as injury to consumers. I t is hereby found that all articles and
poultry which are regulated under this Act are either in interstate
or foreign commerce or substantially affect such commerce, and that
regulation by the Secretary of Agriculture and cooperation by the
States and other jurisdictions as contemplated by this Act are appro-
priate to prevent and eliminate burdens upon such commerce, to effec-
tively regulate such commerce, and to protect the health and welfare
of consumers."




     96-600 O - 69 - 53

792 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. 71 Stat. 4 4 1 . SEC. O. Section 3 of said Act (21 U.S.C. 452) is hereby amended to read: "SEC. 8. I t is hereby declared to be the policy of the Congress to provide for the inspection of poultry and poultry products and other- wise regulate the processing and distribution of such articles as here- inafter prescribed to prevent the movement or sale in interstate or for- eign commerce of, or the burdening of such commerce by, poultry ])roducts which are adulterated or misbranded. I t is the intent of Congress that when poultry and poultry products are condemned because of disease, the reason for condemnation in such instances shall be supported by scientific fact, information, or criteria, and such con- demnation under this Act shall be achieved through uniform inspec- tion standards and uniform applications thereof." SEC. 4. Section 4 of said Act (21 U-S.C. 453) is hereby amended to read: Definitions. "SEC. 4, For purposes of this Act— " ( a ) The term 'commerce' means commerce between any State, any territory, or the District of Columbia, and any place outside thereof; or within any territory not organized with a legislative body, or the District of Columbia. "(b) Except as otherwise provided in this Act, the term 'State' means any State of the United States and the Commonwealth of Puerto Rico. "(c) The term 'territory' means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone. " ( d ) The term 'United States' means the States, the District of Columbia, and the territories of the United States. "(e) The term 'poultry* means any domesticated bird, whether live or dead. "(f) The term 'poultry product* means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may pre- scribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. "Adulterated. " ( g ) The term 'adulterated' shall apply to any poultry product under one or more of the following circumstances: "(1) if it bears or contains any poisonous or deleterious sub- stance w'hich may render it injurious to health; but in case the sub- stance is not an added substance, such article shall not be consid- ered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 793 "(2) (A) if it bears or contains (by reason of administration of any substance to the live poultry or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; " (13) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act; ^^ stat. s u . " ( C ) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; . . . . lllTcTX' " ( D ) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Prmnded^ That an article which is not otherwise ^4 ^^^^^J^- deemed adulterated under clause ( B ) , ( C ) , or (D) shall never- theless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in official establishments; "(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; "(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; "(5) if it is, in whole or in part, the product of any poultiy which has died otherwise than by slaughter; "(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; ' - "(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; or "(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. " ( h ) The term 'misbranded' shall apply to any poultry product "Misbranded." under one or more of the following circumstances: " (1) if its labeling is false or misleading in any particular; " (2) if it is offered for sale under the name of another food; " (3) if it is an imitation of another food, unless its label bears.
794 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. in type of uniform size and prominence, the word 'imitation' and immediately thereafter, the name of the food imitated; "(4) if its container is so made, formed, or filled as to be mis- leading ; "(5) unless it bears a label showing (A) the n\me and the place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count: Provided^ That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established by regulations prescribed by the Secretary; "(6) if any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling is not prominently placed thereon with such conspicuous- ness (as compared w^ith other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under cus- tomary conditions of purchase and use; "(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 8 of this Act unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food; "(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed Post, p. 799. by regulations of the Secretary under section 8 of this Act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as siich regulations specify, a statement that it falls below such standard: " (9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, w-hen authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each: Provided^ That to the extent that com- pliance with the requirements of clause (B) of this subparagraph (9) is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary; "(10) if it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after con- sultation with the Secretary of Health, Education, and Welfare, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 795 "(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided^ That, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemp- tions shall be established by regulations promulgated by the Secre- t a r y ; or "(12) if it fails to bear on its containers, and in the case of^ nonconsumer packaged carcasses (if the Secretary so requires) directly thereon, as the Secretary may by regulations prescribe, the official inspection legend and official ^ a b l i s h m e n t number of the establishment where the article was processed, and, unre- stricted by any of the foregoing, such other information as the Secreta,ry may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition. " (i) The term 'Secretary' means the Secretary of Agriculture or his delegate. " (j) The term 'person' means any individual, partnership, corpora- tion, association, or other business unit. " ( k ) The term 'inspector' means: (1) an employee or official of the United States Government authorized by the Secretary to inspect poultry and poultry products under the authority of this Act, or (2) any employee or official of the government of any State or territory or the District of Columbia authorized by the Secretary to inspect poultry and poultry products under authority of this Act, under an agreement entered into between the Secretary and the appropriate State or other agency. "(1) The term 'official mark' means the official inspection legend or any other symbol prescribed by regulation of the Secretary to identify the status of any article or poultry under this Act. "(m) The term 'official inspection legend' means any symbol pre- scribed by regulations of the Secretary showing that an article was inspected for wholesomeness in accordance with this Act. " ( n ) The term 'official certificate' means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this Act. " (o) The term 'official device' means any device prescribed or author- ized by the Secretary for use in applying any official mark. " ( p ) The term 'official establishment' means any establishment as determined by the Secretary at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained under the authority of this Act. "(q) The term 'inspection service' means the official Government service within the Department of Agriculture designated by the Sec- retary as having the responsibility for carrying out the provisions of this Act. " ( r ) The term 'container' or 'package' includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. " (s) The term 'label' means a display of written, printed, or graphic matter upon any article or the immediate container (not including packaged liners) of any article; and the term 'labeling' means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying sucli article. " ( t ) The term 'shipping container' means any container used or intended for use in packaging the product packed in an immediate container.
796 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. " ( u ) The term 'immediate container' includes any consumer pack- age; or any other container in which poultry products, not consumer packaged, are packed. "(v) The term 'capable of use as human food' shall apply to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans. " ( w ) The term 'processed' means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. " ( x ) The term 'Federal Food, Drug, and Cosmetic Act' means the 21 use 301. Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto. " (y) The terms 'pesticide chemical', 'food additive', 'color additive', and 'raw agricultural commodity' shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act. " (z) The term 'poultry products broker' means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person. " (aa) The term 'renderer' means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of poultry, except rendering conducted under inspection or exemption under this Act. "(bb) The term 'animal food manufacturer' means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry.' 71 Stat. 443. s^c. 5. Scction 5 of said Act (21 IJ.S.C. 454) is hereby amended to read: "SEC. 5. (a) I t is the policy of the Congress to protect the consum- ing public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish this objective. In furtherance of this policy— "(1) The Secretary is authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with the appropriate State agency in developing and administering a State poultry product inspection program in any State which has enacted a mandatory State poultry product inspection law that imposes ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under this Act, with respect to all or certain classes of persons engaged in the State in slaughtering poultry or processing poultry products for use as human food solely for distribution within such State. "(2) The Secretary is further authorized, w^henever he deter- mines that it would effectuate the purposes of this Act, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least Post, p. 801. equal to those provided in section 11 of this Act; and to cooperate with other agencies of the United States in carrying out any provisions of this Act. I n carrying out the provisions of this Act, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any State or Territory or the District of Columbia commissioned by the Secretary for such purpose.
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 797 "(3) Cooperation with State agencies under this section may cooperation include furnishing to the appropriate State agency (i) advisory ^es. ^ ^ **^^" assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and lab- oratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be con- tingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appro- priate advisory committee appointed under subparagraph (4), deems adequate to effectuate the purposes of this section. "(4) The Secretary may appoint advisory committees consist- Advisory com- ing of such representatives of appropriate State agencies as the ""' Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to poul- try product inspection and other matters within the scope of this Act, including evaluating State programs for purposes of this Act and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. "(b) The appropriate State agency with which the Secretary m a j cooperate under this Act shall be a single agency in the State which is primarily responsible for the coordination of the State programs hav- ing objectives similar to those under this Act. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section. "(c) (1) If the Secretary has reason to believe, by thirty days prior to the expiration of two years after enactment of the Wholesome Poultry Products Act, that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under subparagraph (2) of this paragraph (c)) at which poultry are slaughtered, or poultry products are processed for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under sections 1-4, 6-10, and 12-22 of this Act, he shall promptly notify the Governor of the State of this fact. If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of said sections of this Act shall apply to operations and transactions wholly within such State: Provided^ That if the Secretary has reason to believe that the State will activate such requirements within one addi- tional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation. The Secre- ^ Publication in tary shall publish any such designation in the Federal Register and, '""'""' °—"*- Federal Register. upon the expiration of thirty days after such publication, the pro- visions of said sections of this Act shall apply to operations and transactions and to persons engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. However, notwithstanding any
798 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated poultry prod- ucts for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate advisory committee provided for by subparagraph (a) (4) of this section of such fact for efi'ective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as deter- mined by the Secretary, in light of the risk to public health, the Sec- retary may forthwith designate any such establishment as subject to the provisions of said sections of this Act, and thereupon the estab- lishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary deter- mines that such State has developed and will enforce requirements at least equal to those imposed under said sections. " (2) The provisions of this Act requiring inspection of the slaughter of poultry and the processing of poultry products shall not apply to operaitions of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c). "(3) Whenever the Secretary determines that any State designated under this paragraph (c) has developed and will enforce State poultry products inspection requirements at least, equal to those imposed under the aioresaid sections of this Act, with respect to the operations and transactions within such State which are regulated under subpara- grg,ph (1) of this paragraph (c), he shall terminate the designation of such State under this paragraph (c), but this shall not preclude the subsequent redesignation of the State at any time upon'thirty days' notice to the Governor and publication in the Federal Register in accordance with this^iaragraph, and any State may be designated upon vSuch notice and publication, at any time after the j^eriod specified in this paragraph whether or not the State has theretofore been desig- nated, upon the Secretary determining that it is not effectively enforc- ing requirements at least equal to those imposed under said sections. Requirements "(4) The Secretary shall promptly upon enactment of the Whole- some Poultry Products Act, and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph (c), with respect to the slaughter, and the processing, storage, handling, and Reports to con- distribution of poultry products, and inspection of such operations, and g r e s s i o n a l com- mittees. annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry P o s t , p . 807. of the Senate in the report required in section 27 of this Act. "State." " ( d ) As used in this section, the term 'State' means any State (including the Commonwealth of Puerto Rico) or organized territory." 71 Stat. 4 4 3 . SEC. 6. Section 6 of said Act (21 U.S.C. 455) is hereby amended as follows: (a) Paragraph (a) is amended to read: " (a) For the purpose of preventing the entry into orflow^or move- ment in commerce of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated, the Secretary shall, where and to the extent considered by him necessarjy^, cause to be made by inspectors ante mortem inspection of poultry in each official establishment processing poultry or poultry products for commerce or otherwise subject to inspection under this Act."
82 STAT.] PUBLIC LAW 90-492-AUG. 18, 1968 799 (b) Paragraph (b) is amended by deletino; the phrase '"in, or for marketing in a designated city or area" and substituting the phrase "otherwise subject to inspection under this Act"; by inserting the word "and" before the word "reinsi>ection"; and by inserting the phrase "capable of use as human food" after the plirase "poultry products" the first time the latter phrase appears in the paragraph. (c) Paragiuph (c) is amended by deleting the phrase "unwhole- some or" and the phrase "not unwholesome and" each time they appear therein; and by inserting tlie word "other" before the phrase "poultry products". SEC. 7. In section 7 of said Act (21 U.S.C. 456) paragraph (a) 7i stat. 444. is hereby amended by deleting the phrase "in or for marketing in a designating major consuming area" and substituting the phrase "other- Avise subject to inspection under this Act"; by deleting the phrase "in a designated major consuming area" and substituting the phrase "bur- densome effect upon commerce"; and by deleting the phrase "unwhole- some or". SEC. 8. Section 8 of said Act (21 U.S.C. 457) is hereby amended to read: "SEC. 8. (a) All poultry products inspected at any official estab- lishment under the authority of this Act and found to be not adulter- ated, shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate contiainers as the Secretary may require, the information required under para- graph (h) of section 4 of this Act. In addition, the Secretary whenever ^"'e, p. 793. he determines such action is practicable and necessary for the pro- tection of the public, may require nonconsumer pac-kaged carcasses at the time they leave the establishment to bear directly thereon in dis- tinctly legible form any information required under such paragraph "(b) The Secretary, whenever he determines such action is neces- sary 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 to avoid false or misleading labeling in mark- ing and labeling any articles or poultry subject to this Act; (2) defini- tions and standards of identity or composition or articles subject to this Act and standards of fill of container for such articles not incon- sistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, and there shall be consultation betw^een the ^2 stat. io4o. Secretary and the Secretary of Health, Education, and AVelfare prior to the issuance of such standards under either Act relating to articles subject to this Act to avoid inconsistency in such standards and pos- sible impairment of the coordinated effective administration of these Acts. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 5 of this Act, ^"^^' P- ^-'^• prior to the issuance of such standards under this Act, to avoid, insofar as feasible, inconsistency between Federal and State standards. "(c) No article subject to this Act shall be sold or offered for sale by any person in commerce, under any name or other marking or label- ing which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and label- ing and containers which are not false or misleading and which are approA'^ed by the Secretary are permitted. " ( d ) If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use Avith respect to any article subject to this Act is false or misleading in any particular, he may direct that such use be Avithheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using
800 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. or })roposiiio- to use the marking, labeling, or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be con- clusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States Court of Appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of sec- tion 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162, as 72 Stat. 944. amended; 7 U.S.C. 194) shall be applicable to appeals taken under this section." frs'^at''445^'''^' ^^^- ^' Section 9 of said Act (21 U.S.C. 458) is amended to read: "SEC. 9. (a) No person shall— "(1) slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles for commerce, except in com})liance with the requirements of this Act; "(2) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (A) any poultry products which are capable of use as human food and are adulterated or mis- branded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any poultry products required to be inspected under this Act unless they have been so inspected and passed; " (8) do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, w^hich is intended to cause or has the effect of causing'such products to be adulterated or misbranded; "(4)--sell, transport, off'er for sale or transportation, or receive for transportation, in commerce or from an official establishment, any slaughtered poultry f I'om which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary, except as may be authorized by regulations of the Secretary; "(5) use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this Act concerning any matter which is entitled to protection as a trade secret. " ( b ) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary. "(c) No person shall— " (1) forge any official device, mark, or certificate; "(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; "(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; " (4) knowingly possess, without promptly notifying the Secre- tary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 801 device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; "(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or "(6) knowingly represent that any article has been inspected and passed, or exempted, under this Act when, in fact, it has, respectively, not been so inspected and passed, or exempted." SEC. 10. Section 10 of said Act (21 IJ.S.C. 459) is hereby amended 7i stat. 446. by deleting the phrase "in or for marketing in a. designated major consuming area" and substituting the phrase "otherwise subject to this Act". SEC. 11. Section 11 of said Act (21 IJ.S.C. 460) is hereby amended to read: " ( a ) Inspection shall not be provided under this Act at any estab- lishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which a,re not intended for use as human food, but such articles shall, prior to their oifer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transporta- tion, in commerce, or import, any poultry 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 or are naturally inedible by humans. "(b) The following classes of persons shall, for such period of time as the Secretary may by regulations prescribe, not to exceed two years unless otherwise directed by the Secretary for good cause shown, keep such records as are properly necessaiy for the effective enforce- Recordkeeping, ment of this Act in order to insure against adulterated or misbranded j)oultry products for the American consumer; and all persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative OT^the Secretary, afford such repre- sentative access to their places of business and opportunity to examine Records, ac- the facilities, inventory, and records thereof, to copy all such records, cess. and to take reasonable samples of their inventory upon payment of the fair m a r k ^ value therefor— "(1) Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry, for commerce, for use as human food or animal food; " (2) Any person that engages in the business of buying or sell- ing (as p|Oultry products brokers, wholesalers or otherwise), or transporting, in commerce, or storing in or for commerce, or im- porting, any carcasses, or parts or products of carcasses, of any poultry; "(3) Any person that engages in business, in or for commerce, as a Tenderer, or engages in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, dis- abled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter. "(c) No person shall engage in business, in or for commerce, as a poultry products broker, renderer, or animal food manufacturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage
802 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless, when required by regulations of the Secretary, he has regis- tered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business. " ( d ) No person engaged in the business of buying, selling, or trans- porting in commerce, or importing, dead, dying, disabled, or diseased poultry, or any parts of the carcasses of any f>oultry that died other- wise than by slaughter, shall buy, sell, transport, offer for sale or trans- portation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such trans- action, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human f(K)d. "(e) The authority conferred on the Secretary by paragraph (b), (c), or (d) of this section with respect to persons engaged in the specified kinds of business in or for commerce may be exercised with respect to persons engaged, in any State or organized territory, in siich kinds of business but not in or for commerce, whenever the Secre- tary determines, after consultation with an appropriate advisory com- Ante. p. 797. mittcc provided for in section 5 of this Act, that the State or territory 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 Act, including the State or territory providing for the Secretary 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 responsi- bilities under this Act; and in such case the provisions of paragraph (b), (c), or (d) of this section, respectively, shall apply to such persons to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce." p.n.ities. gjjc. 12. Section 12 of said Act (21 U.S.C. 4G1) is hereby amended 71 Stat. 446. « ^ ^ / J as tollow^s: (a) Paragraph (a) is amended by changing the first sentence to read: "Any person who violates the provisions of section 9,10,11,14, or 17 of this Act shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is Ante, p. 793. adulterated (except as defined in section 4(g) (8) of this A c t ) , such person shall be fined not more than $10,000 or imprisoned not more than three years, or both." (b) Paragraph (b) is amended by deleting the phrase "not other- wise eligible" and substituting the phrase "otherwise not eligible"; by deleting the word "slaughtered" each time it appears; and by adding the following before the period at the end of the paragraph: "or miless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from w^hom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products tx) such carrier". (c) A new paragraph (c) is added to read: "(c) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of thes performance of his official duties under this Act shall
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1%8 803 be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or im- prisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code.'' 62 stat. 756; SEC. 13. (a) Section 14 of said Act (21 U.S.C. 463) is herebv ^VeSiatfons. amended by designating the present provisions thereof as paragrapn 7i stat. 447. ( b ) ; by inserting the word "other" before the word "rules" in said paragraph; and by adding a new paragraph (a) to read: " ( a ) The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled b j any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or mis- branded when delivered to the consumer. Violation of any such regu- lation is prohibited. (b) Section 14 of said Act is further amended by inserting at the end thereof the following new subsection: "(c) In applying the provisions of section 553(c) of title 5, United States Code, to proposed rule making under this Act, an opportunity so stat. 333. for the oral presentation of views shall be accorded all interested persons." SEC. 14. Section 15 of said Act (21 U.S.C. 464) is hereby amended as follows: (a) I n paragraph ( a ) , subparagraph (1) is deleted and Subpara- graphs (2), (3), and (4) are redesignated, respectively, as subpara- graphs (1), (2), and ( 3 ) ; (b) I n paragraph ( a ) , in redesignated subparagraph (2) (formerly ( 3 ) ) , the date "July 1,1960" is deleted and the date "January 1,1970" is substituted therefor; (c) Paragraph (b) is redesignated as paragraph (e) and new para- graphs (b), (c),and (d) are added to read: " ( b ) The Secretary may, under such sanitary conditions as he may Exemption. by regulations prescribe, exempt from the inspection requirements of this Act the slaughter of poultry, and the processing of poultry products, by any person in any Territory not organized with a legis- lative body, solely for distribution within such Territory, when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this Act and that such exemption will aid in the effective administration of this Act. "(c) (1) The Secretary shall, by regulation and under such condi- Exemptions. tions, including sanitary standards, practices, and procedures, as he may prescribe, exempt from specific provisions of this Act— " ( A ) the slaughtering by any person of poultry of his own raising, and the processing by him and transportation in com- merce of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees; '^(B) the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation in commerce of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided^ That such custom slaughterer does not
804 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. engage in the business of buying or selling any poultry products capable of use as human food; " ( C ) the slaughtering and processing of poultry products in any State or Territory or the District of Columbia by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person solely within such jurisdiction of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise mis- branded, and are sound, clean, and fit for human food when so distributed; and " ( D ) the slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in any State or territory or the District of Columbia by any poultry producer or other person for distribution by him solely within such jurisdic- tion directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the pre- paration of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not other- wise misbranded and are sound, clean, and fit for human food when distributed by such processor. The exemptions provided for in clmises (C) and (D) above shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified m such clauses. "(2) I n addition to the specific exemptions provided herein, the Secretary shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be injipaired by such action, provide by regulation, consistent with subpar^agraph (3), for the exemption of the operation and products of small enter- prises (including poultry producers), not exempted under subpara- graph (1), which are engaged in any State or Territory or the District of Columbia in slaughtering and/or cutting up poultry for distribu- tion as carcasses or parts thereof solely for distribution within such jurisdiction, from such provisions of this Act as he deems appropriate, while still protecting the public from adulterated or misbranded prod- ucts, under such conditions, including sanitary requirements, as he shall prescribe to effectuate the purposes of this Act. "(3) No exemption under subparagraph (1) (C) or (D) or sub- paragraph (2) shall apply to any poultry producer or other person who slaughters or processes the products of more than 5,000 turkeys or an equivalent number of poultry of all species in the current cal- endar year (four birds of other species being deemed the equivalent of one turkey). " (4) The provisions of this Act shall not apply to poultry producers with respect to poultry of their own raising on their own farms if (i) such producers slaughter not more than 250 turkeys, or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined (four birds of other species being deemed the equivalent of one t u r k e y ) ; (ii) such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; and (iii) none of such poultry moves in commerce (as defined in section 4(a) of Ante, p. 792. this Act). " ( d ) The adulteration and misbranding provisions of this Act, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under paragraphs (a) and ( c ) . "
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 805 SEC. 15. Section 16 of said Act (21 U.S.C. 465) is hereby amended ^^ ^'^'- ^'^''• to read: "SEC. 16. The Secretary may limit the entry of poultry products and other materials into any official establishment, under such condi- tions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act." SEC. 16. Section 18 of said Act (21 U.S.C. 467) is hereby amended to i^J,"''^*'''"'" ^"^' read: "SEC. 18. (a) The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide, or withdraw, inspection service under this Act with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit tx) engage in any business requiring inspection upon this Act because the applicant or recipient or anyone responsibly connected with the applicant or recipient, has been con- victed, in any Federal or State court, within the previous ten years of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mis- labeled, or deceptively packaged food or fraud in connection with transactions in food; or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public liealth. F o r the purpose of this paragraph a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity. "(b) Upon the withdrawal of inspection service from any official bearing. establishment for failure to destroy condemned poultry products as required under section 6 of this Act, or other failure of an official ^"'e, p. 798. establishment to comply with the requirements as to premises, facili- ties, or equipment, or the operation thereof, as provided in section 7 of this Act, or the refusal of inspection service to any applicant therefor ^"*^' P- '^^^ because of failure to comply with any requirements under section 7,- the applicant for, or recipient of, -the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Secretary. " (c) The determination and order of the Secretary when made after Judicial review. opportunity for hearing, with respect to withdrawal or refusal of inspection service under this Act shall be final and conclusive unless the affected af)plicant for, or recipient of, inspection service files appli- cation for judicial review within thirty days after the effective date of such order in the United States Court of Appeals as provided in sec- tion 8 of this Act. Judicial review of any such order shall be upon the record upon which the determination and order are based. The pro- visions of section 204 of the Packers and Stockyards Act of 1921, as amended, shall be applicable to appeals taken under this section." ^l ^*''*- ^^2; SEC. 17. Sections 19;through 22 of said Act (21 U.S.C. 468, 469, 451 7 usc l i note) are hereby redesignated as sections 25,26,28, and 29, respectively, and new sections 19, 20, 21, 22, 23, 24, and 27 are added to the Act to read, respectively: "SEC. 19. Whenever any poultry product, or any product exempted „^^°""jfenti',fn ucts, detention. from the definition of a poultry product, or any dead, dying, disabled, '"^^ or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this Act, and there is reason to believe that any such article is adulterated or mis-
806 PUBLIC LAW 90-492-AUG. 18, 1968 [82 STAT. branded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this Act or of any other Federal law or the laws of any State or Territory, or the District of Co- lumbia, or that it has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 20 of this Act or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks. Poultry prod- "SEC. 20. (a) Any poultry product, or any dead, dying, disabled, or u c t s , s e i z u r e , con- demnation, and diseased poultry, that is being transported in commerce or otherwise disposal. subject to this Act, or is held for sale in the United States after such transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in viola- tion of this Act, or (2) is capable of use as human food and is adulter- ated or misbranded, or (3) in any other way is in violation of this Act, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in section 21 of this Act within the jurisdiction of which the article or poultry is found. If the article or poultry is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the artiglB or poultry shall not be sold contrary to the provisions of this Act, or the laws of the jurisdiction in which it is soldi Provided^ That upon the execution and delivery of a good and sufficient bond con- ditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is neces- sary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or poultry and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, inter- vening as claimant of the article or poultry. The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. "(b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Act, or other laws. Courts, jurisdic- "SEC. 21. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically tO enforce, and to prevent and restrain violations of, this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in section 8(d) Ante, pp. 799, or 18 of this Act. All proceedings for the enforcement or to restrain 805. violations of this Act shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.
82 STAT. ] PUBLIC LAW 90-492-AUG. 18, 1968 807 "SEC. 22. For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Federal Trade Commission Act, as amended (38 Stat, 721-723, as amended; 15 U.S.C. 46,48,49, and 50) (except paragraphs (c) through (h) of section 6 and the last paragraph of section 9), and the provi- sions of subsection 409 (1) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409 (1)), are made applicable to the juris- ^e stat. 722. diction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this ,Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Federal Trade Com- mission Act as amended on the district courts of the United States may be exercised for the purposes of this Act by any court designated in section 21 of this Act. "SEC. 23. Re(][uirements within the scope of this Act wnth respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of paragraph (b) of section 11 of this Act, if consistent therew^ith, with respect to any such establishment, ^"'e- P- soi- Marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in a,ddition to, or different than, those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any official establishment in accordance with the require- ments under this Act, but any State or Territory or the District of Columbia may, consistent with the requirements under this Act, exer- cise concurrent jurisdiction with the Secretary over articles required to be inspected under this Act, for the purpose of preventing the distribu- tion for human food purposes of any such articles which are adulter- ated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This Act shall not preclude any State or Territory or the District of Columbia from making require- ment or taking other action, consistent with this Act, with respect to any other matters regulated under this Act. "SEC. 24. (a) Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act to the ^2 stat. i040. extent of the application or extension thereto of the provisions of this Act, except that the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Poultry Products Act. "(b) The detainer authority conferred by section 19 of this Act ^"'e. P-sos. shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any poultry carcass, or part or product thereof, that is outside any official estab- lishment, and for such purposes the first reference to the Secretary in section 19 shall be deemed to refer to the Secretary of Health, Educa- tion, and Welfare. "SEC. 27. The Secretary shall annually report to the Committee on Reports to con- gressional com- Agriculture of the House of Representatives and the Committee on mittees. """" Agriculture and Forestry of the Senate with respect to the slaughter of poultry subject to this Act, and the preparation, storage, handling, and distribution of poultry parts, poultry products, and inspection of
808 PUBLIC LAW 90-493-AUG. 19, 1968 [82 STAT. establishments operated in connection therewith, including the opera- tions under and the effectiveness of this Act." Ante, pp. 796- 805. SEC. 18. The heading "Designation" preceding section 5 of said Act is hereby amended to read "J^'ederal and State cooperation"; the heading "Labeling" preceding section 8 of said Act is hereby amended to read "Labeling and containers; standards"; the heading "Records of interstate shipment" preceding section 11 of said Act is hereby amended to read "Articles not intended for human food; record and related requirements for processors of poultry prod- ucts and related industries engaged in commerce; registration requirements for related industries engaged in commerce; regu- lation of transactions in commerce in dead, dying, disabled, or diseased poultry and carcasses thereof; authority to regulate comparable intrastate activities"; and the heading "Violations by exempted persons" preceding section 16 of said Act is hereby amended to read "Entry of materials into official establishments." Separability. SEC. 19. If any provisions of this Act or of the amendments made hereby or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby. Effective date. SEC. 20. This Act shall become effective upon enactment except as provided in paragraphs (a) through ( c ) : (a) The provisions of subparagraphs (a) (2) (A) and (a) (3) of section 9 of the Poultry Products Inspection Act, as amended by sec- Ante, p. 800. tion 9 of this Act, shall become effective upon the expiration of sixty days after enactment hereof. Ante, p. 803. (b) Section 14 of this Act, amending section 15 of the Poultry Products Inspection Act, shall become effective upon the expiration of sixty days after enactment hereof. (c) Paragraph 11(d) of the Poultry Products Inspection Act, as Ante, p. 801. added by section 11 of this Act, shall become effective upon the expira- tion of sixty days after enactment hereof. Approved August 18, 1968, 10:20 a.m. Public Law 90-493 August 19,1968 AN ACT [H.R. 16027] To amend title 38, United States Code, to provide increases in rates of compensa- tion for disabled veterans, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Veterans. United States of America in Congress assembled^ That (a) section 314 Disability com- pensation, in- of title 38, United States Code, is amended— crease. (1) by striking out "$21" in subsection (a) and inserting in lieu 79 Stat. 1154. thereof "$23"; (2) by striking out "$40" in subsection (b) and inserting in lieu thereof "$43"; (3) by striking out "$60" in subsection (c) and inserting in lieu thereof "$65"; (4) by striking out "$82" in subsection (d) and inserting in lieu thereof "$89"; (5) by striking out "$113" in subsection (e) and inserting in lieu thereof "$122"; (6) by striking out "$136" in subsection (f) and inserting in lieu thereof "$147"; (7) by striking out "$161" in subsection (g) and inserting in lieu thereof "$174";