-CITE-

21 USC CHAPTER 15 - EGG PRODUCTS INSPECTION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

.

-HEAD-

CHAPTER 15 - EGG PRODUCTS INSPECTION

-MISC1-

Sec.

1031. Congressional statement of findings.

1032. Congressional declaration of policy.

1033. Definitions.

1034. Inspection of egg products.

(a) Processing operations and establishments subject

to coverage; rules and regulations.

(b) Authority of Secretary to retain, segregate, and

reinspect eggs and egg products.

(c) Condemnation of adulterated products; destruction

or reprocessing; procedure upon appeal from

determination of adulteration.

(d) Inspection of business premises, facilities,

inventory, operations, and records of egg

handlers; inspection of records and inventory

of others required to keep records; authority

of Secretary of Health and Human Services to

inspect food manufacturing establishments,

institutions, and restaurants; access to places

of business.

(e) Refrigeration and labeling requirements.

1035. Sanitary operating practices in official plants.

(a) Premises, facilities, and equipment.

(b) Refusal by Secretary to inspect nonconforming

plants.

1036. Pasteurization and labeling of egg products at official

plants.

(a) Contents of label.

(b) False or misleading or use of nonapproved

labeling or containers; determination by

Secretary; procedures applicable; appeal.

1037. Prohibited acts.

1038. Cooperation with appropriate State and other governmental

agencies; utilization of employees; reimbursement.

1039. Eggs and egg products not intended for use as human food;

inspection; denaturing or otherwise identifying.

1040. Recordkeeping requirements; persons required to maintain

records; scope of disclosure; access to records.

1041. Enforcement provisions.

(a) Violations of section 1037; term of imprisonment

and fine.

(b) Persons preventing enforcement of chapter; term

of imprisonment and fine.

(c) Civil penalty.

(d) Scope of liability for violations of section

1037.

(e) Penalties applicable to carriers or warehousemen.

1042. Reporting of violation to United States attorney for

institution of criminal proceedings; procedure; presentation of

views.

1043. Rules and regulations; administration and enforcement.

1044. Exemption of certain activities.

(a) Regulation for exemptions.

(b) Plants located in noncontiguous areas of United

States.

(c) Suspension or termination of exemptions.

1045. Limitation on entry of eggs and egg products and other

materials into official plants.

1046. Imports.

(a) Authorization for importation of restricted eggs;

prerequisites for importation of egg products;

treatment as domestic articles subject to this

chapter; marking and labeling exemption for

personal consumption.

(b) Terms and conditions for destruction.

(c) Payment of storage, cartage, and labor charges by

owner or consignee; liens.

(d) Prohibition.

1047. Refusal or withdrawal of inspection services; hearing;

grounds; person deemed to have responsible connection with

business; finality of order of Secretary; judicial review; other

provisions for refusal of services unaffected.

1048. Administrative detention of violative articles; duration;

release; removal of official marks.

1049. Seizure and condemnation proceedings.

(a) Jurisdiction; disposal of condemned articles;

court costs and fees; conformity to

supplemental rules for admiralty and maritime

claims; jury trial; United States as plaintiff.

(b) Condemnation or seizure under other provisions

unaffected.

1050. Jurisdiction of district courts; United States as plaintiff

in enforcement and restraining proceedings; subpenas for

witnesses.

1051. Other Federal laws applicable for administration and

enforcement of chapter; prosecution of inquiries; exercise of

jurisdiction.

1052. State or local regulation.

(a) Prohibition against additional or different

requirements than Federal requirements relating

to premises, facilities, and operations at

official plants; authority to impose

recordkeeping and related requirements

consistent with Federal requirements.

(b) Prohibition against additional or different

standards than Federal standards of quality,

etc., or requiring labeling to show area of

production or origin; authority to require

name, address, and license number of processor

or packer on containers; prohibition against

additional or different requirements than

Federal requirements relating to labeling,

packaging or ingredients; authority to prevent

distribution of violative articles; validity of

nonconflicting laws.

(c) Applicability of other Federal laws and authority

of other Federal officials relating to eggs,

egg products, or other food products

unaffected; authority of Secretary of

Agriculture to regulate official plants

processing egg products.

(d) Detainer authority.

1053. Inspection and administration costs.

(a) Overtime and holiday work costs; availability of

funds.

(b) ''Holiday'' defined.

1054. Annual report to Congressional committees.

1055. Authorization of appropriations.

1056. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 350c, 381 of this title;

title 7 section 6519.

-CITE-

21 USC Sec. 1031 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1031. Congressional statement of findings

-STATUTE-

Eggs and egg products are an important source of the Nation's

total supply of food, and are used in food in various forms. They

are consumed throughout the Nation and the major portion thereof

moves in interstate or foreign commerce. It is essential, in the

public interest, that the health and welfare of consumers be

protected by the adoption of measures prescribed herein for

assuring that eggs and egg products distributed to them and used in

products consumed by them are wholesome, otherwise not adulterated,

and properly labeled and packaged. Lack of effective regulation

for the handling or disposition of unwholesome, otherwise

adulterated, or improperly labeled or packaged egg products and

certain qualities of eggs is injurious to the public welfare and

destroys markets for wholesome, not adulterated, and properly

labeled and packaged eggs and egg products and results in sundry

losses to producers and processors, as well as injury to

consumers. Unwholesome, otherwise adulterated, or improperly

labeled or packaged products can be sold at lower prices and

compete unfairly with the wholesome, not adulterated, and properly

labeled and packaged products, to the detriment of consumers and

the public generally. It is hereby found that all egg products and

the qualities of eggs which are regulated under this chapter are

either in interstate or foreign commerce, or substantially affect

such commerce, and that regulation by the Secretary of Agriculture

and the Secretary of Health and Human Services, and cooperation by

the States and other jurisdictions, as contemplated by this

chapter, are appropriate to prevent and eliminate burdens upon such

commerce, to effectively regulate such commerce, and to protect the

health and welfare of consumers.

-SOURCE-

(Pub. L. 91-597, Sec. 2, Dec. 29, 1970, 84 Stat. 1620; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 91-597, Dec. 29, 1970, 84 Stat. 1620, as

amended, which enacted this chapter, amended sections 633 and 636

of Title 15, Commerce and Trade, and enacted provisions set out as

notes under this section. For complete classification of this Act

to the Code, see Short Title note set out below and Tables.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in text pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE

Section 29 of Pub. L. 91-597 provided that: ''The provisions of

this Act (enacting this chapter, amending sections 633 and 636 of

Title 15, Commerce and Trade, and enacting provisions set out as

notes under this section) with respect to egg products shall take

effect six months after enactment (Dec. 29, 1970). Otherwise, this

Act shall take effect eighteen months after enactment.''

SHORT TITLE

Section 1 of Pub. L. 91-597 provided: ''That this Act (enacting

this chapter, amending sections 633 and 636 of Title 15, Commerce

and Trade, and enacting provisions set as notes under this section)

may be cited as the 'Egg Products Inspection Act'.''

MAINTENANCE OF EGGS AT PROPER TEMPERATURE

Pub. L. 102-237, title X, Sec. 1012(a), Dec. 13, 1991, 105 Stat.

1899, provided that:

''(1) Findings. - Congress finds that -

''(A) food borne illness is a serious health problem;

''(B) its incidence can be reduced through proper handling of

food; and

''(C) eggs are perishable and therefore are particularly

susceptible to supporting microbial growth if proper temperature

controls are not maintained.

''(2) Purposes. - It is the purpose of this section (amending

sections 1034, 1037, 1041, 1042, 1046, and 1052 of this title and

enacting provisions set out as a note under section 1034 of this

title) to prescribe the temperature at which eggs are maintained in

order to reduce the potential for harmful microbial growth to

protect the health and welfare of consumers.''

-CITE-

21 USC Sec. 1032 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1032. Congressional declaration of policy

-STATUTE-

It is hereby declared to be the policy of the Congress to provide

for the inspection of certain egg products, restrictions upon the

disposition of certain qualities of eggs, and uniformity of

standards for eggs, and otherwise regulate the processing and

distribution of eggs and egg products as hereinafter prescribed to

prevent the movement or sale for human food, of eggs and egg

products which are adulterated or misbranded or otherwise in

violation of this chapter.

-SOURCE-

(Pub. L. 91-597, Sec. 3, Dec. 29, 1970, 84 Stat. 1621.)

-CITE-

21 USC Sec. 1033 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1033. Definitions

-STATUTE-

For purposes of this chapter -

(a) The term ''adulterated'' applies to any egg or egg product

under one or more of the following circumstances -

(1) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case

the substance is not an added substance, such article shall not

be considered adulterated under this clause if the quantity of

such substance in or on such article does not ordinarily render

it injurious to health;

(2)(A) if it bears or contains 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;

(B) 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 346a of this title;

(C) if it bears or contains any food additive which is unsafe

within the meaning of section 348 of this title;

(D) if it bears or contains any color additive which is unsafe

within the meaning of section 379e of this title: Provided, That

an article which is not otherwise deemed adulterated under clause

(B), (C), or (D) shall nevertheless 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 plants;

(3) if it consists in whole or in part of any filthy, putrid,

or decomposed substance, or if it is otherwise unfit for human

food;

(4) if it has been prepared, packaged, 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 an egg which has been subjected to incubation or

the product of any egg which has been subjected to incubation;

(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 348 of this title; 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.

(b) The term ''capable of use as human food'' shall apply to any

egg or egg product, unless it is denatured, or otherwise

identified, as required by regulations prescribed by the Secretary

to deter its use as human food.

(c) The term ''commerce'' means interstate, foreign, or

intrastate commerce.

(d) The term ''container'' or ''package'' includes any box, can,

tin, plastic, or other receptacle, wrapper, or cover.

(1) The term ''immediate container'' means any consumer package;

or any other container in which egg products, not consumer

packaged, are packed.

(2) The term ''shipping container'' means any container used in

packaging a product packed in an immediate container.

(e) The term ''egg handler'' means any person who engages in any

business in commerce which involves buying or selling any eggs (as

a poultry producer or otherwise), or processing any egg products,

or otherwise using any eggs in the preparation of human food.

(f) The term ''egg product'' means any dried, frozen, or liquid

eggs, with or without added ingredients, excepting products which

contain eggs only in a relatively small proportion or historically

have not been, in the judgment of the Secretary, considered by

consumers as products of the egg food industry, and which may be

exempted by the Secretary under such conditions as he may prescribe

to assure that the egg ingredients are not adulterated and such

products are not represented as egg products.

(g) The term ''egg'' means the shell egg of the domesticated

chicken, turkey, duck, goose, or guinea.

(1) The term ''check'' means an egg that has a broken shell or

crack in the shell but has its shell membranes intact and contents

not leaking.

(2) The term ''clean and sound shell egg'' means any egg whose

shell is free of adhering dirt or foreign material and is not

cracked or broken.

(3) The term ''dirty egg'' means an egg that has a shell that is

unbroken and has adhering dirt or foreign material.

(4) The term ''incubator reject'' means an egg that has been

subjected to incubation and has been removed from incubation during

the hatching operations as infertile or otherwise unhatchable.

(5) The term ''inedible'' means eggs of the following

descriptions: black rots, yellow rots, white rots, mixed rots

(addled eggs), sour eggs, eggs with green whites, eggs with stuck

yolks, moldy eggs, musty eggs, eggs showing blood rings, and eggs

containing embryo chicks (at or beyond the blood ring stage).

(6) The term ''leaker'' means an egg that has a crack or break in

the shell and shell membranes to the extent that the egg contents

are exposed or are exuding or free to exude through the shell.

(7) The term ''loss'' means an egg that is unfit for human food

because it is smashed or broken so that its contents are leaking;

or overheated, frozen, or contaminated; or an incubator reject; or

because it contains a bloody white, large meat spots, a large

quantity of blood, or other foreign material.

(8) The term ''restricted egg'' means any check, dirty egg,

incubator reject, inedible, leaker, or loss.

(h) The term ''Fair Packaging and Labeling Act'' (15 U.S.C. 1451

et seq.) means the Act so entitled, approved November 3, 1966 (80

Stat. 1296), and Acts amendatory thereof or supplementary thereto.

(i) The term ''Federal Food, Drug, and Cosmetic Act'' (21 U.S.C.

301 et seq.) means the Act so entitled, approved June 25, 1938 (52

Stat. 1040), and Acts amendatory thereof or supplementary thereto.

(j) The term ''inspection'' means the application of such

inspection methods and techniques as are deemed necessary by the

responsible Secretary to carry out the provisions of this chapter.

(k) The term ''inspector'' means:

(1) any employee or official of the United States Government

authorized to inspect eggs or egg products under the authority of

this chapter; or

(2) any employee or official of the government of any State or

local jurisdiction authorized by the Secretary to inspect eggs or

egg products under the authority of this chapter, under an

agreement entered into between the Secretary and the appropriate

State or other agency.

(l) The term ''misbranded'' shall apply to egg products which are

not labeled and packaged in accordance with the requirements

prescribed by regulations of the Secretary under section 1036 of

this title.

(m) 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

chapter.

(n) The term ''official device'' means any device prescribed or

authorized by the Secretary for use in applying any official mark.

(o) The term ''official inspection legend'' means any symbol

prescribed by regulations of the Secretary showing that egg

products were inspected in accordance with this chapter.

(p) The term ''official mark'' means the official inspection

legend or any other symbol prescribed by regulations of the

Secretary to identify the status of any article under this chapter.

(q) The term ''official plant'' means any plant, as determined by

the Secretary, at which inspection of the processing of egg

products is maintained by the Department of Agriculture under the

authority of this chapter.

(r) The term ''official standards'' means the standards of

quality, grades, and weight classes for eggs, in effect upon the

effective date of this chapter, or as thereafter amended, under the

Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7

U.S.C. 1621 et seq.).

(s) The term ''pasteurize'' means the subjecting of each particle

of egg products to heat or other treatments to destroy harmful

viable micro-organisms by such processes as may be prescribed by

regulations of the Secretary.

(t) The term ''person'' means any individual, partnership,

corporation, association, or other business unit.

(u) The terms ''pesticide chemical,'' ''food additive,'' ''color

additive,'' and ''raw agricultural commodity'' shall have the same

meaning for purposes of this chapter as under the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

(v) The term ''plant'' means any place of business where egg

products are processed.

(w) The term ''processing'' means manufacturing egg products,

including breaking eggs or filtering, mixing, blending,

pasteurizing, stabilizing, cooling, freezing, drying, or packaging

egg products.

(x) The term ''Secretary'' means the Secretary of Agriculture or

his delegate.

(y) The term ''State'' means any State of the United States, the

Commonwealth of Puerto Rico, the Virgin Islands of the United

States, and the District of Columbia.

(z) The term ''United States'' means the States.

-SOURCE-

(Pub. L. 91-597, Sec. 4, Dec. 29, 1970, 84 Stat. 1621; Pub. L.

102-571, title I, Sec. 107(15), Oct. 29, 1992, 106 Stat. 4499.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Packaging and Labeling Act, referred to in subsec. (h),

is Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as amended, which

is classified generally to chapter 39 (Sec. 1451 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 1451 of Title

15 and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(i) and (u), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

The effective date of this chapter, referred to in subsec. (r),

means the effective date of Pub. L. 91-597. For such effective

date, see Effective Date note set out under section 1031 of this

title.

The Agricultural Marketing Act of 1946, referred to in subsec.

(r), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, as

amended, which is classified generally to chapter 38 (Sec. 1621 et

seq.) of Title 7, Agriculture. For complete classification of this

Act to the Code, see Short Title note set out under section 1621 of

Title 7 and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (a)(2)(D). Pub. L. 102-571 substituted ''379e''

for ''376''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1041 of this title; title

15 sections 2052, 2602.

-CITE-

21 USC Sec. 1034 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1034. Inspection of egg products

-STATUTE-

(a) Processing operations and establishments subject to coverage;

rules and regulations

For the purpose of preventing the entry into or flow or movement

in commerce of, or the burdening of commerce by, any egg product

which is capable of use as human food and is misbranded or

adulterated, the Secretary shall, whenever processing operations

are being conducted, cause continuous inspection to be made, in

accordance with the regulations promulgated under this chapter, of

the processing of egg products, in each plant processing egg

products for commerce, unless exempted under section 1044 of this

title. Without restricting the application of the preceding

sentence to other kinds of establishments within its provisions,

any food manufacturing establishment, institution, or restaurant

which uses any eggs that do not meet the requirements of section

1044(a)(1) of this title in the preparation of any articles for

human food shall be deemed to be a plant processing egg products,

with respect to such operations.

(b) Authority of Secretary to retain, segregate, and reinspect eggs

and egg products

The Secretary, at any time, shall cause such retention,

segregation, and reinspection as he deems necessary of eggs and egg

products capable of use as human food in each official plant.

(c) Condemnation of adulterated products; destruction or

reprocessing; procedure upon appeal from determination of

adulteration

Eggs and egg products found to be adulterated at official plants

shall be condemned and, if no appeal be taken from such

determination of condemnation, such articles shall be destroyed for

human food purposes under the supervision of an inspector:

Provided, That articles which may by reprocessing be made not

adulterated need not be condemned and destroyed if so reprocessed

under the supervision of an inspector and thereafter found to be

not adulterated. If an appeal be taken from such determination,

the eggs or egg products shall be appropriately marked and

segregated pending completion of an appeal inspection, which appeal

shall be at the cost of the appellant if the Secretary determines

that the appeal is frivolous. If the determination of condemnation

is sustained, the eggs or egg products shall be destroyed for human

food purposes under the supervision of an inspector.

(d) Inspection of business premises, facilities, inventory,

operations, and records of egg handlers; inspection of records

and inventory of others required to keep records; authority of

Secretary of Health and Human Services to inspect food

manufacturing establishments, institutions, and restaurants;

access to places of business

The Secretary shall cause such other inspections to be made of

the business premises, facilities, inventory, operations, and

records of egg handlers, and the records and inventory of other

persons required to keep records under section 1040 of this title,

as he deems appropriate (and in the case of shell egg packers,

packing eggs for the ultimate consumer, at least once each calendar

quarter) to assure that only eggs fit for human food are used for

such purpose, and otherwise to assure compliance by egg handlers

and other persons with the requirements of section 1037 of this

title, except that the Secretary of Health and Human Services shall

cause such inspections to be made as he deems appropriate to assure

compliance with such requirements at food manufacturing

establishments, institutions, and restaurants, other than plants

processing egg products. Representatives of said Secretaries shall

be afforded access to all such places of business for purposes of

making the inspections provided for in this chapter.

(e) Refrigeration and labeling requirements

(1) Subject to paragraphs (2), (3), and (4), the Secretary shall

make such inspections as the Secretary considers appropriate of a

facility of an egg handler (including a transport vehicle) to

determine if shell eggs destined for the ultimate consumer -

(A) are being held under refrigeration at an ambient

temperature of no greater than 45 degrees Fahrenheit after

packing; and

(B) contain labeling that indicates that refrigeration is

required.

(2) In the case of a shell egg packer packing eggs for the

ultimate consumer, the Secretary shall make an inspection in

accordance with paragraph (1) at least once each calendar quarter.

(3) The Secretary of Health and Human Services shall cause such

inspections to be made as the Secretary considers appropriate to

ensure compliance with the requirements of paragraph (1) at food

manufacturing establishments, institutions, and restaurants, other

than plants packing eggs.

(4) The Secretary shall not make an inspection as provided in

paragraph (1) on any egg handler with a flock of not more than

3,000 layers.

(5) A representative of the Secretary and the Secretary of Health

and Human Services shall be afforded access to a place of business

referred to in this subsection, including a transport vehicle, for

purposes of making an inspection required under this subsection.

-SOURCE-

(Pub. L. 91-597, Sec. 5, Dec. 29, 1970, 84 Stat. 1624; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

102-237, title X, Sec. 1012(b), Dec. 13, 1991, 105 Stat. 1899.)

-MISC1-

AMENDMENTS

1991 - Subsec. (e). Pub. L. 102-237 added subsec. (e).

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (d)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1012(h) of Pub. L. 102-237 provided that: ''This section

and the amendments made by this section (amending this section and

sections 1037, 1041, 1042, 1046, and 1052 of this title and

enacting provisions set out as a note under section 1031 of this

title) shall become effective 12 months after the Secretary of

Agriculture promulgates final regulations implementing this section

and the amendments.'' (Final regulations were promulgated Aug. 20,

1998, effective Aug. 27, 1999. See 63 F.R. 45663.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1043, 1046, 1052 of this

title.

-CITE-

21 USC Sec. 1035 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1035. Sanitary operating practices in official plants

-STATUTE-

(a) Premises, facilities, and equipment

Each official plant shall be operated in accordance with such

sanitary practices and shall have such premises, facilities, and

equipment as are required by regulations promulgated by the

Secretary to effectuate the purposes of this chapter, including

requirements for segregation and disposition of restricted eggs.

(b) Refusal by Secretary to inspect nonconforming plants

The Secretary shall refuse to render inspection to any plant

whose premises, facilities, or equipment, or the operation thereof,

fail to meet the requirements of this section.

-SOURCE-

(Pub. L. 91-597, Sec. 6, Dec. 29, 1970, 84 Stat. 1625.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1037 of this title.

-CITE-

21 USC Sec. 1036 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1036. Pasteurization and labeling of egg products at official

plants

-STATUTE-

(a) Contents of label

Egg products inspected at any official plant under the authority

of this chapter and found to be not adulterated shall be

pasteurized before they leave the official plant, except as

otherwise permitted by regulations of the Secretary, and shall at

the time they leave the official plant, bear in distinctly legible

form on their shipping containers or immediate containers, or both,

when required by regulations of the Secretary, the official

inspection legend and official plant number, of the plant where the

products were processed, and such other information as the

Secretary may require by regulations to describe the products

adequately and to assure that they will not have false or

misleading labeling.

(b) False or misleading or use of nonapproved labeling or

containers; determination by Secretary; procedures applicable;

appeal

No labeling or container shall be used for egg products at

official plants if it is false or misleading or has not been

approved as required by the regulations of the Secretary. If the

Secretary has reason to believe that any labeling or the size or

form of any container in use or proposed for use with respect to

egg products at any official plant is false or misleading in any

particular, he may direct that such use be withheld unless the

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 or proposing to use the labeling or container does not

accept the determination of the Secretary, such person may request

a hearing, but the use of the 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 conclusive 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 section 194 of title 7,

(FOOTNOTE 1) shall be applicable to appeals taken under this

section.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

-SOURCE-

(Pub. L. 91-597, Sec. 7, Dec. 29, 1970, 84 Stat. 1625.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1033, 1037 of this title.

-CITE-

21 USC Sec. 1037 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1037. Prohibited acts

-STATUTE-

(a)(1) No person shall buy, sell, or transport, or offer to buy

or sell, or offer or receive for transportation, in any business in

commerce any restricted eggs, capable of use as human food, except

as authorized by regulations of the Secretary under such conditions

as he may prescribe to assure that only eggs fit for human food are

used for such purpose.

(2) No egg handler shall possess with intent to use, or use, any

restricted eggs in the preparation of human food for commerce

except that such eggs may be so possessed and used when authorized

by regulations of the Secretary under such conditions as he may

prescribe to assure that only eggs fit for human food are used for

such purpose.

(b)(1) No person shall process any egg products for commerce at

any plant except in compliance with the requirements of this

chapter.

(2) No person shall buy, sell, or transport, or offer to buy or

sell, or offer or receive for transportation, in commerce any egg

products required to be inspected under this chapter unless they

have been so inspected and are labeled and packaged in accordance

with the requirements of section 1036 of this title.

(3) No operator of any official plant shall fail to comply with

any requirements of section 1035(a) of this title or the

regulations thereunder.

(4) No operator of any official plant shall allow any egg

products to be moved from such plant if they are adulterated or

misbranded and capable of use as human food.

(c) No egg handler shall possess any eggs after the eggs have

been packed into a container that is destined for the ultimate

consumer unless the eggs are stored and transported under

refrigeration at an ambient temperature of no greater than 45

degrees Fahrenheit, as prescribed by rules and regulations

promulgated by the Secretary.

(d) No person shall violate any provision of section 1039, 1040

or 1046 of this title.

(e) No person shall -

(1) manufacture, 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;

(2) forge or alter any official device, mark, or certificate;

(3) without authorization from the Secretary, use any official

device, mark, or certificate, or simulation thereof, or detach,

deface, or destroy any official device or mark; or use any

labeling or container ordered to be withheld from use under

section 1036 of this title after final judicial affirmance of

such order or expiration of the time for appeal if no appeal is

taken under said section;

(4) contrary to the regulations prescribed by the Secretary,

fail to use, or to detach, deface, or destroy any official

device, mark, or certificate;

(5) knowingly possess, without promptly notifying the Secretary

or his representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or

any device or label, or any eggs or egg products bearing any

counterfeit, simulated, forged, or improperly altered official

mark;

(6) 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;

(7) knowingly represent that any article has been inspected or

exempted, under this chapter, when, in fact, it has,

respectively, not been so inspected or exempted; and

(8) refuse access, at any reasonable time, to any

representative of the Secretary of Agriculture or the Secretary

of Health and Human Services, to any plant or other place of

business subject to inspection under any provisions of this

chapter.

(f) No person, while an official or employee of the United States

Government or any State or local governmental agency, or

thereafter, shall 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 a judicial proceeding, any information

acquired under the authority of this chapter concerning any matter

which is entitled to protection as a trade secret.

-SOURCE-

(Pub. L. 91-597, Sec. 8, Dec. 29, 1970, 84 Stat. 1626; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

102-237, title X, Sec. 1012(c), Dec. 13, 1991, 105 Stat. 1899.)

-MISC1-

AMENDMENTS

1991 - Subsecs. (c) to (f). Pub. L. 102-237 added subsec. (c) and

redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (e)(8)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective 12 months after

promulgation of final implementing regulations, see section 1012(h)

of Pub. L. 102-237, set out as a note under section 1034 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1034, 1041, 1046 of this

title.

-CITE-

21 USC Sec. 1038 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1038. Cooperation with appropriate State and other

governmental agencies; utilization of employees; reimbursement

-STATUTE-

The Secretary shall, whenever he determines that it would

effectuate the purposes of this chapter, cooperate with appropriate

State and other governmental agencies, in carrying out any

provisions of this chapter. In carrying out the provisions of this

chapter, the Secretary may conduct such examinations,

investigations, and inspections as he determines practicable

through any officer or employee of any such agency commissioned by

him for such purpose. The Secretary shall reimburse the States and

other agencies for the costs incurred by them in such cooperative

programs.

-SOURCE-

(Pub. L. 91-597, Sec. 9, Dec. 29, 1970, 84 Stat. 1627.)

-CITE-

21 USC Sec. 1039 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1039. Eggs and egg products not intended for use as human

food; inspection; denaturing or otherwise identifying

-STATUTE-

Inspection shall not be provided under this chapter at any plant

for the processing of any egg products which are not intended for

use as human food, but such articles, prior to their offer for sale

or transportation in commerce, shall be denatured or otherwise

identified as prescribed by regulations of the Secretary to deter

their use for human food. No person shall buy, sell, or transport

or offer to buy or sell, or offer or receive for transportation, in

commerce, any restricted eggs or egg products which are not

intended for use as human food unless they are denatured or

otherwise identified as required by the regulations of the

Secretary.

-SOURCE-

(Pub. L. 91-597, Sec. 10, Dec. 29, 1970, 84 Stat. 1627.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1037 of this title.

-CITE-

21 USC Sec. 1040 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1040. Recordkeeping requirements; persons required to maintain

records; scope of disclosure; access to records

-STATUTE-

For the purpose of enforcing the provisions of this chapter and

the regulations promulgated thereunder, all persons engaged in the

business of transporting, shipping, or receiving any eggs or egg

products in commerce or holding such articles so received, and all

egg handlers, shall maintain such records showing, for such time

and in such form and manner, as the Secretary of Agriculture or the

Secretary of Health and Human Services may prescribe, to the extent

that they are concerned therewith, the receipt, delivery, sale,

movement, and disposition of all eggs and egg products handled by

them, and shall, upon the request of a duly authorized

representative of either of said Secretaries, permit him at

reasonable times to have access to and to copy all such records.

-SOURCE-

(Pub. L. 91-597, Sec. 11, Dec. 29, 1970, 84 Stat. 1627; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1034, 1037, 1041, 1052 of

this title.

-CITE-

21 USC Sec. 1041 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1041. Enforcement provisions

-STATUTE-

(a) Violations of section 1037; term of imprisonment and fine

Any person who commits any offense prohibited by section 1037 of

this title shall upon conviction be subject to imprisonment for not

more than one year, or a fine of not more than $5,000, or both such

imprisonment and fine, but if such violation involves intent to

defraud, or any distribution or attempted distribution of any

article that is known to be adulterated (except as defined in

section 1033(a)(8) of this title), such person shall be subject to

imprisonment for not more than three years or a fine of not more

than $10,000, or both.

(b) Persons preventing enforcement of chapter; term of imprisonment

and fine

Any person who forcibly assaults, resists, opposes, impedes,

intimidates, or interferes with any person while engaged in or on

account of the performance of his official duties under this

chapter shall be fined not more than $5,000 or imprisoned not more

than three years or both. Whoever, in the commission of any such

act, uses a deadly or dangerous weapon, shall be fined not more

than $10,000 or imprisoned 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 chapter shall be

punished as provided under sections 1111 and 1112 of title 18.

(c) Civil penalty

(1)(A) Except as otherwise provided in this subsection, any

person who violates any provision of this chapter or any regulation

issued under this chapter, other than a violation for which a

criminal penalty has been imposed under this chapter, may be

assessed a civil penalty by the Secretary of not more than $5,000

for each such violation. Each violation to which this subparagraph

applies shall be considered a separate offense.

(B) No penalty shall be assessed against any person under this

subsection unless the person is given notice and opportunity for a

hearing on the record before the Secretary in accordance with

sections 554 and 556 of title 5.

(C) The amount of the civil penalty imposed under this subsection

-

(i) shall be assessed by the Secretary, by written order,

taking into account the gravity of the violation, degree of

culpability, and history of prior offenses; and

(ii) may be reviewed only as provided in paragraph (2).

(2)(A) The determination and order of the Secretary under this

subsection shall be final and conclusive unless the person against

whom such a violation is found under paragraph (1) files an

application for judicial review within 30 days after service of the

order in the United States court of appeals for the circuit in

which the person has its principal place of business or in the

United States Court of Appeals for the District of Columbia

Circuit.

(B) Judicial review of any such order shall be based on the

record on which the determination and order are based.

(C) If the court determines that additional evidence needs to be

taken, the court shall order the hearing to be reopened for this

purpose in such manner and on such terms and conditions as the

court considers proper. The Secretary may modify the findings of

the Secretary as to the facts, or make new findings, on the basis

of the additional evidence so taken.

(3) If any person fails to pay an assessment of a civil penalty

after the penalty has become a final and unappealable order, or

after the appropriate court of appeals has entered a final judgment

in favor of the Secretary, the Secretary shall refer the matter to

the Attorney General. The Attorney General shall institute a civil

action to recover the amount assessed in an appropriate district

court of the United States. In the collection action, the validity

and appropriateness of the Secretary's order imposing the civil

penalty shall not be subject to review.

(4) All penalties collected under this subsection shall be paid

into the Treasury of the United States.

(5) The Secretary may compromise, modify, or remit, with or

without conditions, any civil penalty assessed under this

subsection.

(6) Paragraph (1) shall not apply to an official plant.

(d) Scope of liability for violations of section 1037

When construing or enforcing the provisions of section 1037 of

this title, the act, omission, or failure of any person acting for

or employed by any individual, partnership, corporation, or

association within the scope of his employment or office shall in

every case be deemed the act, omission, or failure of such

individual, partnership, corporation, or association, as well as of

such person.

(e) Penalties applicable to carriers or warehousemen

No carrier or warehouseman shall be subject to the penalties of

this chapter, other than the penalties for violation of section

1040 of this title or subsection (c) of this section, by reason of

his receipt, carriage, holding, or delivery, in the usual course of

business, as a carrier or warehouseman of eggs or egg products

owned by another person unless the carrier or warehouseman has

knowledge, or is in possession of facts which would cause a

reasonable person to believe that such eggs or egg products were

not eligible for transportation under, or were otherwise in

violation of, this chapter, or unless the carrier or warehouseman

refuses to furnish on request of a representative of the Secretary

the name and address of the person from whom he received such eggs

or egg products and copies of all documents, if there be any,

pertaining to the delivery of the eggs or egg products to, or by,

such carrier or warehouseman.

-SOURCE-

(Pub. L. 91-597, Sec. 12, Dec. 29, 1970, 84 Stat. 1628; Pub. L.

102-237, title X, Sec. 1012(d), Dec. 13, 1991, 105 Stat. 1899.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-237, Sec. 1012(d)(1), (2),

substituted ''$5,000'' for ''$1,000'' in first sentence, and

redesignated last sentence, relating to scope of liability for

violations of section 1037 of this title, as subsec. (d).

Subsec. (b). Pub. L. 102-237, Sec. 1012(d)(4), redesignated

subsec. (c) as (b). Former subsec. (b) redesignated (e).

Subsec. (c). Pub. L. 102-237, Sec. 1012(d)(5), added subsec. (c).

Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 102-237, Sec. 1012(d)(2), designated last

sentence of subsec. (a), relating to scope of liability for

violations of section 1037 of this title, as subsec. (d).

Subsec. (e). Pub. L. 102-237, Sec. 1012(d)(3), redesignated

subsec. (b) as (e).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective 12 months after

promulgation of final implementing regulations, see section 1012(h)

of Pub. L. 102-237, set out as a note under section 1034 of this

title.

-CITE-

21 USC Sec. 1042 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1042. Reporting of violation to United States attorney for

institution of criminal proceedings; procedure; presentation of

views

-STATUTE-

Before any violation of this chapter is reported by the Secretary

of Agriculture or Secretary of Health and Human Services to any

United States attorney for institution of a criminal proceeding,

the person against whom such proceeding is contemplated shall be

given reasonable notice of the alleged violation and opportunity to

present his views orally or in writing with regard to such

contemplated proceeding. Nothing in this chapter shall be

construed as requiring the Secretary of Agriculture or Secretary of

Health and Human Services to report for criminal prosecution

violations of this chapter whenever he believes that the public

interest will be adequately served and compliance with this chapter

obtained by a suitable written notice of warning or an action to

assess civil penalties.

-SOURCE-

(Pub. L. 91-597, Sec. 13, Dec. 29, 1970, 84 Stat. 1628; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

102-237, title X, Sec. 1012(e), Dec. 13, 1991, 105 Stat. 1900.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-237 inserted ''or an action to assess civil

penalties'' before period at end.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective 12 months after

promulgation of final implementing regulations, see section 1012(h)

of Pub. L. 102-237, set out as a note under section 1034 of this

title.

-CITE-

21 USC Sec. 1043 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1043. Rules and regulations; administration and enforcement

-STATUTE-

The Secretary shall promulgate such rules and regulations as he

deems necessary to carry out the purposes or provisions of this

chapter, and shall be responsible for the administration and

enforcement of this chapter except as otherwise provided in section

1034(d) of this title.

-SOURCE-

(Pub. L. 91-597, Sec. 14, Dec. 29, 1970, 84 Stat. 1629.)

-CITE-

21 USC Sec. 1044 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1044. Exemption of certain activities

-STATUTE-

(a) Regulation for exemptions

The Secretary may, by regulation and under such conditions and

procedures as he may prescribe, exempt from specific provisions of

this chapter -

(1) the sale, transportation, possession, or use of eggs which

contain no more restricted eggs than are allowed by the tolerance

in the official standards of United States consumer grades for

shell eggs;

(2) the processing of egg products at any plant where the

facilities and operating procedures meet such sanitary standards

as may be prescribed by the Secretary, and where the eggs

received or used in the manufacture of egg products contain no

more restricted eggs than are allowed by the official standards

of United States consumer grades for shell eggs, and the egg

products processed at such plant;

(3) the sale of eggs by any poultry producer from his own

flocks directly to a household consumer exclusively for use by

such consumer and members of his household and his nonpaying

guests and employees, and the transportation, possession, and use

of such eggs in accordance with this paragraph;

(4) the processing of egg products by any poultry producer from

eggs of his own flocks' production for sale of such products

directly to a household consumer exclusively for use by such

consumer and members of his household and his nonpaying guests

and employees, and the egg products so processed when handled in

accordance with this paragraph;

(5) the sale of eggs by shell egg packers on his own premises

directly to household consumers for use by such consumer and

members of his household and his nonpaying guests and employees,

and the transportation, possession, and use of such eggs in

accordance with this paragraph;

(6) for such period of time (not to exceed two years) during

the initiation of operations under this chapter as the Secretary

determines that it is impracticable to provide inspection, the

processing of egg products at any class of plants and the egg

products processed at such plants; and

(7) the sale of eggs by any egg producer with an annual egg

production from a flock of three thousand or less hens.

(b) Plants located in noncontiguous areas of United States

The Secretary shall, by regulation and under such procedures as

he may prescribe, exempt any plant located within noncontiguous

areas of the United States from specific provisions of this

chapter, where, despite good faith efforts by the owner of such

plant, such owner has not been able to bring his plant into full

compliance with this chapter: Provided, That in order to provide at

least minimum standards for the protection of the public health,

whenever processing operations are being conducted at any such

plant, continuous inspection shall be maintained to assure that it

is operated in a sanitary manner. No exemption under this

subsection shall be granted for a period extending beyond December

31, 1971.

(c) Suspension or termination of exemptions

The Secretary may immediately suspend or terminate any exemption

under subsection (a)(2) or (6) of this section at any time with

respect to any person, if the conditions of exemption prescribed by

this section or the regulations of the Secretary are not being

met. The Secretary may modify or revoke any regulation granting

exemption under this chapter whenever he deems such action

appropriate to effectuate the purposes of this chapter.

-SOURCE-

(Pub. L. 91-597, Sec. 15, Dec. 29, 1970, 84 Stat. 1629; Pub. L.

92-67, Aug. 6, 1971, 85 Stat. 173.)

-MISC1-

AMENDMENTS

1971 - Subsecs. (b), (c). Pub. L. 92-67 added subsec. (b) and

redesignated former subsec. (b) as (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1034 of this title.

-CITE-

21 USC Sec. 1045 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1045. Limitation on entry of eggs and egg products and other

materials into official plants

-STATUTE-

The Secretary may limit the entry of eggs and egg products and

other materials into official plants under such conditions as he

may prescribe to assure that allowing the entry of such articles

into such plants will be consistent with the purposes of this

chapter.

-SOURCE-

(Pub. L. 91-597, Sec. 16, Dec. 29, 1970, 84 Stat. 1630.)

-CITE-

21 USC Sec. 1046 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1046. Imports

-STATUTE-

(a) Authorization for importation of restricted eggs; prerequisites

for importation of egg products; treatment as domestic articles

subject to this chapter; marking and labeling exemption for

personal consumption

(1) No restricted eggs capable of use as human food shall be

imported into the United States except as authorized by regulations

of the Secretary.

(2) No egg products capable of use as human food shall be

imported into the United States unless they were processed under an

approved continuous inspection system of the government of the

foreign country of origin or subdivision thereof and are labeled

and packaged in accordance with, and otherwise comply with the

standards of this chapter and regulations issued thereunder

applicable to such articles within the United States.

(3) No eggs packed into a container that is destined for the

ultimate consumer shall be imported into the United States unless

the eggs are accompanied by a certification that the eggs have at

all times after packaging been stored and transported under

refrigeration at an ambient temperature of no greater than 45

degrees Fahrenheit, as required by sections 1034(e) and 1037(c) of

this title.

(4) All such imported articles shall upon entry into the United

States be deemed and treated as domestic articles subject to the

other provisions of this chapter: Provided, That they shall be

labeled as required by such regulations for imported articles:

Provided further, That nothing in this section shall apply to eggs

or egg products purchased outside the United States by any

individual for consumption by him and members of his household and

his nonpaying guests and employees.

(b) Terms and conditions for destruction

The Secretary may prescribe the terms and conditions for the

destruction of all such articles which are imported contrary to

this section, unless (1) they are exported by the consignee within

the time fixed therefor by the Secretary or (2) in the case of

articles which are not in compliance solely because of misbranding,

such articles are brought into compliance with this chapter under

supervision of authorized representatives of the Secretary.

(c) Payment of storage, cartage, and labor charges by owner or

consignee; liens

All charges for storage, cartage, and labor with respect to any

article which is imported contrary to this section shall be paid by

the owner or consignee, and in default of such payment shall

constitute a lien against such article and any other article

thereafter imported under this chapter by or for such owner or

consignee.

(d) Prohibition

The importation of any article contrary to this section is

prohibited.

-SOURCE-

(Pub. L. 91-597, Sec. 17, Dec. 29, 1970, 84 Stat. 1630; Pub. L.

102-237, title X, Sec. 1012(f), Dec. 13, 1991, 105 Stat. 1901.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-237 designated first sentence as

par. (1) and second sentence as par. (2), added par. (3), and

designated third sentence as par. (4).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective 12 months after

promulgation of final implementing regulations, see section 1012(h)

of Pub. L. 102-237, set out as a note under section 1034 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1037, 1054 of this title.

-CITE-

21 USC Sec. 1047 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1047. Refusal or withdrawal of inspection services; hearing;

grounds; person deemed to have responsible connection with

business; finality of order of Secretary; judicial review;

other provisions for refusal of services unaffected

-STATUTE-

The Secretary (for such period, or indefinitely, as he deems

necessary to effectuate the purposes of this chapter) may refuse to

provide or may withdraw inspection service under this chapter with

respect to any plant 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 to engage in any

business requiring inspection under this chapter because the

applicant or recipient or anyone responsibly connected with the

applicant or recipient has been convicted 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, mislabeled, 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 health.

For the purpose of this section, a person shall be deemed to be

responsibly connected with the business if he is 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.

The determination and order of the Secretary with respect thereto

under this section shall be final and conclusive unless the

affected applicant for, or recipient of, inspection service files

application for judicial review within thirty days after the

effective date of such order in the United States court of appeals

for the circuit in which such applicant or recipient has its

principal place of business or in the United States Court of

Appeals for the District of Columbia Circuit. Judicial review of

any such order shall be upon the record upon which the

determination and order are based. The provisions of section 194

of title 7 shall be applicable to appeals taken under this section.

This section shall not affect in any way other provisions of this

chapter for refusal of inspection services.

-SOURCE-

(Pub. L. 91-597, Sec. 18, Dec. 29, 1970, 84 Stat. 1630.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1050 of this title.

-CITE-

21 USC Sec. 1048 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1048. Administrative detention of violative articles;

duration; release; removal of official marks

-STATUTE-

Whenever any eggs or egg products subject to this chapter, are

found by any authorized representative of the Secretary upon any

premises and there is reason to believe that they are or have been

processed, bought, sold, possessed, used, transported, or offered

or received for sale or transportation in violation of this chapter

or that they are in any other way in violation of this chapter, or

whenever any restricted eggs capable of use as human food are found

by such a representative in the possession of any person not

authorized to acquire such eggs under the regulations of the

Secretary, such articles may be detained by such representative for

a reasonable period but not to exceed twenty days, pending action

under section 1049 of this title or notification of any Federal,

State, or other governmental authorities having jurisdiction over

such articles and shall not be moved by any person from the place

at which they are located when so detained until released by such

representative. All official marks may be required by such

representative to be removed from such articles before they are

released unless it appears to the satisfaction of the Secretary

that the articles are eligible to retain such marks.

-SOURCE-

(Pub. L. 91-597, Sec. 19, Dec. 29, 1970, 84 Stat. 1631.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1052 of this title.

-CITE-

21 USC Sec. 1049 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1049. Seizure and condemnation proceedings

-STATUTE-

(a) Jurisdiction; disposal of condemned articles; court costs and

fees; conformity to supplemental rules for admiralty and

maritime claims; jury trial; United States as plaintiff

Any eggs or egg products that are or have been processed, bought,

sold, possessed, used, transported, or offered or received for sale

or transportation, in violation of this chapter, or in any other

way are in violation of this chapter; and any restricted eggs,

capable of use as human food, in the possession of any person not

authorized to acquire such eggs under the regulations of the

Secretary shall be liable to be proceeded against and seized and

condemned, at any time, on a complaint in any United States

district court or other proper court as provided in section 1050 of

this title within the jurisdiction of which the articles are

found. If the articles are condemned they 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 articles shall not be sold

contrary to the provision of this chapter, the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 301 et seq.) or the Fair Packaging and

Labeling Act (15 U.S.C. 1451 et seq.), or the laws of the

jurisdiction in which they are sold: Provided, That upon the

execution and delivery of a good and sufficient bond conditioned

that the articles shall not be sold or otherwise disposed of

contrary to the provisions of this chapter, the Federal Food, Drug,

and Cosmetic Act, the Fair Packaging and Labeling Act, or the laws

of the jurisdiction in which disposal is made, the court may direct

that they be delivered to the owner thereof subject to such

supervision by authorized representatives of the Secretary as is

necessary to insure compliance with the applicable laws. When a

decree of condemnation is entered against the articles and they are

released under bond, or destroyed, court costs and fees, and

storage and other proper expenses shall be awarded against the

person, if any, intervening as claimant thereof. The proceedings

in such cases shall conform, as nearly as may be, to the

supplemental rules for certain admiralty and maritime claims,

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) Condemnation or seizure under other provisions unaffected

The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of this chapter, or other laws.

-SOURCE-

(Pub. L. 91-597, Sec. 20, Dec. 29, 1970, 84 Stat. 1631.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

this title. For complete classification of this Act to the Code,

see section 301 of this title and Tables.

The Fair Packaging and Labeling Act, referred to in subsec. (a),

is Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as amended, which

is classified generally to chapter 39 (Sec. 1451 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 1451 of Title

15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1048 of this title.

-CITE-

21 USC Sec. 1050 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1050. Jurisdiction of district courts; United States as

plaintiff in enforcement and restraining proceedings; subpenas

for witnesses

-STATUTE-

The United States district courts and the District Court of the

Virgin Islands are vested with jurisdiction specifically to

enforce, and to prevent and restrain violations of, this chapter,

and shall have jurisdiction in all other cases, arising under this

chapter, except as provided in section 1047 of this title. All

proceedings for the enforcement or to restrain violations of this

chapter 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.

-SOURCE-

(Pub. L. 91-597, Sec. 21, Dec. 29, 1970, 84 Stat. 1632.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1049, 1051 of this title.

-CITE-

21 USC Sec. 1051 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1051. Other Federal laws applicable for administration and

enforcement of chapter; prosecution of inquiries; exercise of

jurisdiction

-STATUTE-

For the efficient administration and enforcement of this chapter,

the provisions (including penalties) of sections 46, 48, 49, and 50

of title 15 (except paragraphs (c) through (h) of section 46 and

the last paragraph of section 49 (FOOTNOTE 1) of title 15), and the

provisions of section 409(l) (FOOTNOTE 1) of title 47, are made

applicable to the jurisdiction, powers, and duties of the Secretary

in administering and enforcing the provisions of this chapter 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 chapter in

any part of the United States, and the powers conferred by said

sections 49 and 50 of title 15, on the district courts of the

United States may be exercised for the purposes of this chapter by

any court designated in section 1050 of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 91-597, Sec. 22, Dec. 29, 1970, 84 Stat. 1632.)

-REFTEXT-

REFERENCES IN TEXT

The last paragraph of section 49 of title 15, and the provisions

of section 409(l) of title 47, referred to in text, which related

to immunity of witnesses, were repealed by sections 211 and 242,

respectively, of Pub. L. 91-452, Oct. 15, 1970, title II, 84 Stat.

929, 930. For provisions relating to immunity of witnesses, see

section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

-CITE-

21 USC Sec. 1052 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1052. State or local regulation

-STATUTE-

(a) Prohibition against additional or different requirements than

Federal requirements relating to premises, facilities, and

operations at official plants; authority to impose

recordkeeping and related requirements consistent with Federal

requirements

Requirements within the scope of this chapter with respect to

premises, facilities, and operations of any official plant which

are in addition to or different than those made under this chapter

may not be imposed by any State or local jurisdiction except that

any such jurisdiction may impose recordkeeping and other

requirements within the scope of section 1040 of this title, if

consistent therewith, with respect to any such plant.

(b) Prohibition against additional or different standards than

Federal standards of quality, etc., or requiring labeling to

show area of production or origin; authority to require name,

address, and license number of processor or packer on

containers; prohibition against additional or different

requirements than Federal requirements relating to labeling,

packaging or ingredients; authority to prevent distribution of

violative articles; validity of nonconflicting laws

For eggs which have moved or are moving in interstate or foreign

commerce, (1) no State or local jurisdiction may require the use of

standards of quality, condition, weight, quantity, or grade which

are in addition to or different from the official Federal

standards, (2) with respect to egg handlers specified in paragraphs

(1) and (2) of section 1034(e) of this title, no State or local

jurisdiction may impose temperature requirements pertaining to eggs

packaged for the ultimate consumer which are in addition to, or

different from, Federal requirements, and (3) no State or local

jurisdiction other than those in noncontiguous areas of the United

States may require labeling to show the State or other geographical

area of production or origin: Provided, however, That this shall

not preclude a State from requiring that the name, address, and

license number of the person processing or packaging eggs, be shown

on each container. Labeling, packaging, or ingredient

requirements, in addition to or different than those made under

this chapter, the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.) and the Fair Packaging and Labeling Act (15 U.S.C.

1451 et seq.), may not be imposed by any State or local

jurisdiction, with respect to egg products processed at any

official plant in accordance with the requirements under this

chapter and such Acts. However, any State or local jurisdiction may

exercise jurisdiction with respect to eggs and egg products for the

purpose of preventing the distribution for human food purposes of

any such articles which are outside of such a plant and are in

violation of any of said Federal Acts or any State or local law

consistent therewith. Otherwise the provisions of this chapter

shall not invalidate any law or other provisions of any State or

other jurisdiction in the absence of a conflict with this chapter.

(c) Applicability of other Federal laws and authority of other

Federal officials relating to eggs, egg products, or other food

products unaffected; authority of Secretary of Agriculture to

regulate official plants processing egg products

The provisions of this chapter shall not affect the applicability

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)

or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) or

other Federal laws to eggs, egg products, or other food products or

diminish any authority conferred on the Secretary of Health and

Human Services or other Federal officials by such other laws,

except that the Secretary of Agriculture shall have exclusive

jurisdiction to regulate official plants processing egg products

and operations thereof as to all matters within the scope of this

chapter.

(d) Detainer authority

The detainer authority conferred on representatives of the

Secretary of Agriculture by section 1048 of this title shall also

apply to any authorized representative of the Secretary of Health

and Human Services for the purposes of section 1034(d) of this

title, with respect to any eggs or egg products that are outside

any plant processing egg products.

-SOURCE-

(Pub. L. 91-597, Sec. 23, Dec. 29, 1970, 84 Stat. 1632; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

102-237, title X, Sec. 1012(g), Dec. 13, 1991, 105 Stat. 1901.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(b) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

The Fair Packaging and Labeling Act, referred to in subsecs. (b)

and (c), is Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as

amended, which is classified generally to chapter 39 (Sec. 1451 et

seq.) of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note set out under section

1451 of Title 15 and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-237 substituted ''(2) with

respect to egg handlers specified in paragraphs (1) and (2) of

section 1034(e) of this title, no State or local jurisdiction may

impose temperature requirements pertaining to eggs packaged for the

ultimate consumer which are in addition to, or different from,

Federal requirements, and (3)'' for ''and (2)''.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsecs. (c) and

(d) pursuant to section 509(b) of Pub. L. 96-88, which is

classified to section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective 12 months after

promulgation of final implementing regulations, see section 1012(h)

of Pub. L. 102-237, set out as a note under section 1034 of this

title.

-CITE-

21 USC Sec. 1053 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1053. Inspection and administration costs

-STATUTE-

(a) Overtime and holiday work costs; availability of funds

The cost of inspection rendered under the requirements of this

chapter, and other costs of administration of this chapter, shall

be borne by the United States, except that the cost of overtime and

holiday work performed in official plants subject to the provisions

of this chapter at such rates as the Secretary may determine shall

be borne by such official plants. Sums received by the Secretary

from official plants under this section shall be available without

fiscal year limitation to carry out the purposes of this chapter.

(b) ''Holiday'' defined

The term ''holiday'' for the purposes of assessment or

reimbursement of the cost of inspection performed under this

chapter, the Wholesome Poultry Products Act (21 U.S.C. 467a et

seq.) and the Wholesome Meat Act (21 U.S.C. 601 et seq.) shall mean

the legal public holidays specified by the Congress in section

6103(a) of title 5.

-SOURCE-

(Pub. L. 91-597, Sec. 24, Dec. 29, 1970, 84 Stat. 1633.)

-REFTEXT-

REFERENCES IN TEXT

The Wholesome Poultry Products Act, referred to in subsec. (b),

is Pub. L. 90-492, Aug. 18, 1968, 82 Stat. 791, as amended, which

enacted sections 467a to 467f and 470 of this title, amended

sections 451 to 461, 463 to 465, and 467 of this title, and enacted

provisions set out as notes under section 451 of this title. For

complete classification of this Act to the Code, see Short Title of

1968 Amendment note set out under section 451 of this title and

Tables.

The Wholesome Meat Act, referred to in subsec. (b), is Pub. L.

90-201, Dec. 15, 1967, 81 Stat. 584, as amended, which enacted

sections 601, 602, 624, 641 to 645, 661, 671 to 680, and 691 of

this title, amended sections 603 to 623 of this title, repealed

section 96 of this title and section 1306(b) of Title 19, Customs

Duties, and enacted provisions set out as notes under section 601

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of this title

and Tables.

-CITE-

21 USC Sec. 1054 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1054. Annual report to Congressional committees

-STATUTE-

(a) (FOOTNOTE 1) Not later than March 1 of each year following

December 29, 1970, the Secretary shall submit to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a comprehensive

and detailed written report with respect to -

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

(1) the processing, storage, handling, and distribution of eggs

and egg products subject to the provisions of this chapter; the

inspection of establishments operated in connection therewith;

the effectiveness of the operation of the inspection, including

the effectiveness of the operations of State egg inspection

programs; and recommendations for legislation to improve such

program; and

(2) the administration of section 1046 of this title (relating

to imports) during the immediately preceding calendar year,

including but not limited to -

(A) a certification by the Secretary that foreign plants

exporting eggs or egg products to the United States have

complied with requirements of this chapter and regulations

issued thereunder;

(B) the names and locations of plants authorized or permitted

to export eggs or egg products to the United States;

(C) the number of inspectors employed by the Department of

Agriculture in the calendar year concerned who were assigned to

inspect plants referred to in paragraph (B) hereof and the

frequency with which each such plant was inspected by such

inspectors;

(D) the number of inspectors that were licensed by each

country from which any imports were received and that were

assigned, during the calendar year concerned, to inspect such

imports and the facilities in which such imports were handled;

and the frequency and effectiveness of such inspections;

(E) the total volume of eggs and egg products which was

imported into the United States during the calendar year

concerned from each country, including a separate itemization

of the volume of each major category of such imports from each

country during such year, and a detailed report of rejections

of plants and products because of failure to meet appropriate

standards prescribed by this chapter; and

(F) recommendations for legislation to improve such program.

-SOURCE-

(Pub. L. 91-597, Sec. 26, Dec. 29, 1970, 84 Stat. 1634; Pub. L.

103-437, Sec. 8(4), Nov. 2, 1994, 108 Stat. 4588.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Agriculture, Nutrition, and

Forestry'' for ''Agriculture and Forestry'' in introductory

provisions.

-CITE-

21 USC Sec. 1055 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1055. Authorization of appropriations

-STATUTE-

Such sums as are necessary to carry out the provisions of this

chapter are hereby authorized to be appropriated.

-SOURCE-

(Pub. L. 91-597, Sec. 27, Dec. 29, 1970, 84 Stat. 1635.)

-CITE-

21 USC Sec. 1056 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-

Sec. 1056. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 91-597, Sec. 28, Dec. 29, 1970, 84 Stat. 1635.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 91-597, Dec. 29, 1970, 84 Stat. 1620, as

amended, which enacted this chapter, amended sections 633 and 636

of Title 15, Commerce and Trade, and enacted provisions set out as

notes under section 1031 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1031 of this title and Tables.

-CITE-