-CITE-
    21 USC CHAPTER 15 - EGG PRODUCTS INSPECTION                 01/03/2007

-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.                           
    1035.       Sanitary operating practices in official plants.      
    1036.       Pasteurization and labeling of egg products at
                 official plants.                                     
    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.                               
    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.                      
    1045.       Limitation on entry of eggs and egg products and other
                 materials into official plants.                      
    1046.       Imports.                                              
    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.                 
    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.                            
    1053.       Inspection and administration costs.                  
    1054.       Annual report to Congressional committees.            
    1055.       Authorization of appropriations.                      
    1056.       Separability.                                         

-End-

-CITE-
    21 USC Sec. 1031                                            01/03/2007

-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.

-MISC1-
                              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."

-End-

-CITE-
    21 USC Sec. 1032                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1033                                            01/03/2007

-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.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(2)(D). Pub. L. 102-571 substituted "379e" for
    "376".

-End-

-CITE-
    21 USC Sec. 1034                                            01/03/2007

-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.

-MISC2-
                     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.]

-End-

-CITE-
    21 USC Sec. 1035                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1036                                            01/03/2007

-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,(!1)
    shall be applicable to appeals taken under this section.

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

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

-End-

-CITE-
    21 USC Sec. 1037                                            01/03/2007

-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.

-MISC2-
                     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.

-End-

-CITE-
    21 USC Sec. 1038                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1039                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1040                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1041                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1042                                            01/03/2007

-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.

-MISC2-
                     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.

-End-

-CITE-
    21 USC Sec. 1043                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1044                                            01/03/2007

-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).

-End-

-CITE-
    21 USC Sec. 1045                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1046                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1047                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1048                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1049                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1050                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1051                                            01/03/2007

-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 (!1) of title 15), and the
    provisions of section 409(l) (!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.

-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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    21 USC Sec. 1052                                            01/03/2007

-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.

-MISC1-
                                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.

-MISC2-
                     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.

-End-

-CITE-
    21 USC Sec. 1053                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1054                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 15 - EGG PRODUCTS INSPECTION

-HEAD-
    Sec. 1054. Annual report to Congressional committees

-STATUTE-
      (a) (!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 - 

        (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.

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

-End-

-CITE-
    21 USC Sec. 1055                                            01/03/2007

-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.)

-End-

-CITE-
    21 USC Sec. 1056                                            01/03/2007

-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.

-End-