21 USC § 459 - Compliance by all establishments

---
identifier: "/us/usc/t21/s459"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 459 - Compliance by all establishments"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "459"
section_name: "Compliance by all establishments"
chapter_number: 10
chapter_name: "POULTRY AND POULTRY PRODUCTS INSPECTION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–172, § 10, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 10, Aug. 18, 1968, 82 Stat. 801; Pub. L. 110–234, title XI, § 11017(b), May 22, 2008, 122 Stat. 1370; Pub. L. 110–246, § 4(a), title XI, § 11017(b), June 18, 2008, 122 Stat. 1664, 2132.)"
---


# § 459. Compliance by all establishments

**(a)** **In general** No establishment processing poultry or poultry products for commerce otherwise subject to this chapter shall process any poultry or poultry product except in compliance with the requirements of this chapter.

**(b)** **Notification** Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an adulterated or misbranded poultry or poultry product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the poultry or poultry product.

**(c)** **Plans and reassessments** The Secretary shall require that each establishment subject to inspection under this chapter shall, at a minimum—

**(1)** prepare and maintain current procedures for the recall of all poultry or poultry products produced and shipped by the establishment;

**(2)** document each reassessment of the process control plans of the establishment; and

**(3)** upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.

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**Source Credit**: (Pub. L. 85–172, § 10, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 10, Aug. 18, 1968, 82 Stat. 801; Pub. L. 110–234, title XI, § 11017(b), May 22, 2008, 122 Stat. 1370; Pub. L. 110–246, § 4(a), title XI, § 11017(b), June 18, 2008, 122 Stat. 1664, 2132.)

## Editorial Notes

### Codification

and  made identical amendments to this section. The amendments by  were repealed by .

### Amendments

2008—, inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

1968— substituted “otherwise subject to this chapter” for “in or for marketing in a designated major consuming area”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of  by  effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.

### Effective Date of 1968 Amendment

Amendment by  effective , see , set out as a note under .