An Act to provide for the inspection of certain egg products by the U.S. Department of Agriculture; restriction on the disposition of certain qualities of eggs; uniformity of standards for eggs in interstate or foreign commerce and cooperation with State agencies in administration of this act, and for other purposes
PL 91-597 (H.R.19888), enacted 12/29/1970

1620 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
APPROPRIATIONS 
SEC. OO. There are authorized to be appropriated to carry out this 
Act for eacli fiscal year such sums as the Congress sliall deem necessary. 
EFFECTIA^ DATE 
SEC. 34. This Act shall take effect one hundred and twenty days 
after the date of its enactment. 
Approved December 29, 1970. 
Public Law 91-597 
December 29, 1970 
A C l 
[H. R. 19888] 
To provide for the inspection of certain egg products by tlie United States 
Department of Agriculture; restriction on the disposition of certain qualities 
of eggs; uniformity of standards for eggs in interstate or foreign commerce; 
and cooperation with State agencies in administration of this Act, and for 
other purposes. 
Inspection Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
-fi55„.^'l.°'^"'";^ 
United States 
of America 
in Congress assembled, That this Act 
may be cited as the "Egg Products Inspection Act". 
LEGISLATIVE FINDING 
SEC. 2. 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 inju-
rious to the public welfare and destroys markets for wholesome, not 
adulterated, and properly labeled and packaged eggs and egg prod-
ucts 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 prop-
erly 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 Act are either in inter-
state or foreign commerce, or substantially affect such commerce, and 
that regulation by the Secretary of Agriculture and the Secretary of 
Health, Education, and Welfare, and cooperation by the States and 
other jurisdictions, as contemplated by this Act, are appropriate to pre-
vent and eliminate burdens upon such commerce, to effectively regu-
late such commerce, and to protect the health and welfare of consumers. 
84 STAT. ] 
PUBLIC LAW 91-597-DEC. 29,1970 
1621 
DECLARATION OF POLICY 
SEC. 3. It is hereby declared to be the policy of the Congress to pro-
vide 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 move-
ment or sab for human food, of eggs and eg^ products which are 
adulterated or misbranded or otherwise in violation of this Act. 
DEFINITIONS 
SEC. 4. For purposes of this Act— 
(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 sub-
stance which may render it injurious to health; but in case the 
substance is not an added substance, such article shall not be con-
sidered adulterated under this clause if the quantity of such sub-
stance 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 408 of the Federal Food, 
Drug, and Cosmetic Act; 
^ ^'|^- |^y^ 
(C) if it bears or contains any food additive which is unsafe 
within the meaning of section 409 of the Federal Food, Drug, 
and Cosmetic Act; 
72 stat. irss. 
(D) if it bears or contains any color additive which is unsafe 
within the meaning of section 706 of the Federal Food, Drug 
and Cosmetic Act: Provided^ That an article which is not other- 
^f f^^l- 3
^
9
^
9
. 
wise deemed adulterated under clause (B), (C), or (D) shall 
" 
"" " 
nevertheless be deemed adulterated if use of the pesticide chemi-
cal, food additive, or color additive, in or on such article, is pro-
hibited 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; 
21 u s e 376. 
1622 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
(7) if it has been intentionally subjected to radiation, unless 
the use of the radiation was in conformity with a regulation or 
exemption in effect pursuant to section 409 of the Federal Food, 
21 use' ^^*^" 
Dru^5 ^nd Cosmetic Act; or 
(8) if any valuable constituent has been in whole or in part 
omitted or abstracted therefrom; or if any substance has been 
substituted, wholly or in part therefor; or if damage or inferiority 
has been concealed in any manner; or if any substance has been 
added thereto or mixed or packed therewith so as to increase its 
bulk or weight, or reduce its quality or strength, or make it appear 
better or of greater value than it is. 
(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 sub-
jected to incubation and has been removed from incubation during 
the hatching operations as infertile or otherwise unhatchable. 
21 use 301. 
84 STAT. ] 
PUBLIC LAW 91-597-DEC. 29, 1970 
1623 
(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, incuba-
tor reject, inedible, leaker, or loss. 
(h) The term "Fair Packaging and Labeling Act" means the Act ^J^l "^^ ^''^i 
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" 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 Act. 
(k) The term "inspector" means: 
(1) any employee or official of the Ignited States Government 
authorized to inspect eggs or egg products under the authority 
of this Act; 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 Act, under an agree-
ment entered into between the Secretary and the appropriate 
State or other agency. 
(1) The term "misbranded" shall apply to egg products which are 
not labeled and packaged in accordance with the requirements pre-
scribed by regulations of the Secretary under section 7 of this Act. 
(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 Act. 
(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 pre-
scribed by regulations of the Secretary showing that egg products 
were inspected in accordance with this Act. 
(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 Act. 
21 use 301. 
1624 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
(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 Act. 
(r) The term "official standards" means the standards of quality, 
grades, and weight classes for eggs, in effect upon the effective date of 
this Act, 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 j)roducts 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 addi-
tive," and "raw agricultural commodity" shall have the same meaning 
for purposes of this Act as under the Federal Food, Drug, and 
5? f^^'^' }°^°- 
Cosmetic Act. 
(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. 
INSPECTION, REINSPECTION, CONDEMNATION 
SEC. 5. (a) 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 Act, of the processing 
of egg products, in each plant processing egg products for com-
merce, unless exempted under section 15 of this Act. Without restrict-
ing the application of the preceding sentence to other kinds of 
establishments within its provisions, any food manufacturing estab-
lishment, institution, or restaurant which uses any eggs that do not 
meet the requirements of paragraph (a) (1) of section 15 of this Act 
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) The Secretary, at any time, shall cause such retention, segrega-
tion, and reinspection as he deems necessary of eggs and egg products 
capable of use as human food in each official plant. 
84 STAT. ] 
PUBLIC LAW 91-597-DEC. 29,1970 
1625 
(c) Eggs and egg products found to be adulterated at official plants 
shall be condemned and, if no appeal be taken from such determina-
tion of condemnation, such articles shall be destroyed for human food 
purposes under the supervision of an inspector: Provided^ That arti-
cles 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 deter-
mination of condemnation is sustained, the eggs or egg products shall 
be destroyed for human food purposes under the supervision of an 
inspector. 
(d) The Secretary shall cause such other inspections to be made 
of the business premises, facilities, inventory, operations, and rec-
ords of ^gg handlers, and the records and inventory of other persons 
required to keep records under section 11 of this Act, 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 8 of this Act, except that the Secre-
tary of Health, Education, and Welfare 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 ^gg products. Representa-
tives of said Secretaries shall be afforded access to all such places 
of business for purposes of making the inspections provided for in this 
Act. 
SANITATION, F A C I U T I E S , AND PRACTICES 
SEC. 6. (a) 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 Secre-
tary to effectuate the purposes of this Act, including requirements for 
segregation and disposition of restricted eggs. 
(b) 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. 
PASTEURIZATION AND LABELING OF EGG PRODUCTS AT 
OFFICIAL PLANTS 
SEC. 7. (a) Egg products inspected at any official plant under the 
authority of this Act and found to be not adulterated shall be pasteur-
ized 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 con-
tainers or immediate containers, or both, when required by regulations 
of the Secretary, the official inspection legend and official plant num-
ber, 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) No labeling or container shall be used for ^gg products at offi-
cial 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 
1626 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
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 mis-
leading. If the person using or proposing to use the labeling or con-
tainer does not accept the determination of the Secretary, such per-
son 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 204 of the Packers and Stockyards Act, 1921 
72 Stat. 944. 
(42 Stat. 162, as amended; 7 U.S.C. 194), shall be applicable to 
appeals taken under this section. 
PROHIBITED ACTS 
SEC. 8. (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 reg-
ulations 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 Act. 
(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 Act unless they have been so 
inspected and are labeled and packaged in accordance with the 
requirements of section 7 of this Act. 
(3) No operator of any official plant shall fail to comply with any 
requirements of paragraph (a) of section 6 of this Act or the regu-
lations 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 person shall violate any provision of section 10, 11, or 17 
of this Act. 
(d) 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 7 of 
this Act after final judicial affirmance of such order or expiration 
of the time for appeal if no appeal is taken under said section; 
84 STAT.] 
PUBLIC L
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1627 
(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 jDromptly notifying the Sec-
retary 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 counter-
feit, simulated, forged, or improperly altered official mark; 
(6) knowingly make any false statement in any shipper's cer-
tificate or other nonofficial or official certificate provided foi in 
the regulations prescribed by the Secretary; 
(7) knowingly represent that any article has been inspected or 
exempted, under this Act, when, in fact, it has, respectively, not 
i 
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, 
Education, and Welfare, to any plant or other place of business 
subject to inspection under any provisions of this Act. 
(e) No person, while an official or employee of the United States 
Government or any State or local governmental agency, or there-
after, 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 accjuired under 
the authority of this Act concerning any matter which is entitled to 
protection as a trade secret. 
FEDERAL AND STATE COOPERATION 
SEC. 9. The Secretary shall, whenever he determines that it would 
effectuate the purposes of this Act, cooperate with appropriate State 
and other governmental agencies, in carrying out any provisions of 
this Act. In carrying out the provisions of this Act, the Secretary 
may conduct such examinations, investigations, and inspections as he 
determines practicable through any officer or employee of any 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. 
EGGS AND EGG 
PRODUCTS NOT INTENDED FOR HUMAN FOOD 
SEC. 10. Inspection shall not be provided under this Act 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 trans-
portation 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. 
RECORD AND RELATED REQUIREMENTS FOR PROCESSORS OF EGGS AND EGG 
PRODUCTS AND RELATED INDUSTRIES 
SEC 11. For the purpose of enforcing the provisions of this Act and 
the regulations promulgated thereunder, all persons engaged in the 
business of transporting, shipping, or receiving any eggs or egg prod-
ucts in commerce or holding such articles so received, and all egg 
handlers, shall maintain such records showing, for such time and in 
1628 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
such form and manner, as the Secretary of Agriculture or the Secre-
tary of Health, Education, and Welfare may prescribe, to the extent 
that they are concerned therewith, the receipt, delivery, sale, move-
ment, 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. 
PENALTIES 
SEC. 12. (a) Any person who commits any offense prohibited by 
section 8 of this Act shall upon conviction be subject to imprisonment 
for not more than one year, or a fine of not more than $1,000, 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 4(a) (8) 
of this Act), such person shall be subject to imprisonment for not more 
than three years or a fine of not more than $10,000, or both. When 
construing or enforcing the provisions of section 8, the act, omission, 
or failure of any person acting for or employed by any individual, 
partnership, corporation, or association within the scope of his employ-
ment 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. 
(b) No carrier or warehouseman shall be subject to the penalties 
of this Act, other than the penalties for violation of section 11 of this 
Act or paragraph (c) of this section 12, by reason of his receipt, car-
riage, 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 Act, or unless the carrier or ware-
houseman refuses to furnish on request of a representative of the Sec-
retary the name and address of the person from whom he received 
such eg^s 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. 
(c) 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 Act 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 Act shall be punished as provided under sections 1111 and 1112 
62 Stat. 756. 
^f ^itie 18, United States Code. 
REPORTING OF VIOLATIONS 
SEC. 13. Before any violation of this Act is reported by the Secretary 
of Agriculture or Secretary of Health, Education, and Welfare 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 pro-
ceeding. Nothing in this Act shall be construed as requiring the Sec-
retary of Agriculture or Secretary of Health, Education, and Welfare 
84 STAT.] 
PUBLIC L
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1629 
to report for criminal prosecution violations of this Act whenever he 
believes that the public interest will be adequately served and com-
pliance with the Act obtained by a suitable written notice of warning. 
REGULATIONS AND ADMINISTRATION 
SEC. 14. The Secretary shall promulgate such rules and regulations 
as he deems necessary to carry out the purj)0ses or provisions of this 
Act, and shall be responsible for the administration and enforcement 
of this Act except as otherwise provided in paragraph (d) of section 5 
of this Act. 
EXEMPTIONS 
SEC. 15. (a) The Secretary may, by regulation and under such con-
ditions and procedures as he may prescribe, exempt from specific 
provisions of this Act— 
(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 facil-
ities 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 proc-
essed 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 con-
sumer 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 employ-
ees, 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 Act as the Secretary 
determines that it is impracticable to provide inspection, the proc-
essing of egg products at any class of plants and the egg prod-
ucts 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) The Secretary may immediately suspend or terminate any 
exemption under paragraph (a) (2) or (6) of this section at any 
time with respect to any person, if the conditions of exemption pre-
scribed by this section or the regulations of the Secretary are not 
being met. The Secretary may modify or revoke any regulation grant-
ing exemption under this Act whenever he deems such action appro-
priate to effectuate the purposes of this Act. 
1630 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
ENTRY OF MATERIALS INTO OFFICIAL 
PLANTS 
SEC. 16. The Secretary may limit the entry of eggs and e^g prod-
ucts and other materials into official plants under such conditions as 
he may prescribe to assure that allowing the entry of such articles 
mto such plants will be consistent with the purposes of this Act. 
IMPORTS 
SEC. 17. (a) No restricted eggs capable of use as human food shall 
be imported into the United States except as authorized by regulations 
of the Secretary. 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 stand-
ards of this Act and regulations issued thereunder applicable to such 
articles within the United States. 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 Act: Provided, That they shall 
be labeled as required by such regulations for imported articles: Pro-
vided 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) 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 Act under supervision of authorized 
representatives of the Secretary. 
(c) 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 Act by or for such owner or consignee. 
(d) The importation of any article contrary to this section is 
prohibited. 
REFUSAL OF INSPECTION 
\ , 
' 
SEC. 18. The Secretary (for such period, or indefinitely, as he deems 
necessary to effectuate the purposes of this Act) may refuse to provide 
or may withdraw inspection service under this Act 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 Act, because the applicant or recipient or anyone responsibly con-
nected with the applicant or recipient has been convicted in any Fed-
eral or State court, within the previous ten years, of (1) any felony 
or more than one misdemeanor under any law based upon the acquir-
ing, handling, or distributing of adulterated, mislabeled, or decep-
tively 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. 
84 STAT.] 
PUBLIC LAW 91-597-DEC. 29,1970 
1631 
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 
Judicial review. 
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 201 of 
the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 194) 
^^^l^f.^'l^' 
shall be applicable to appeals taken under this section. 
This section shall not affect in any way other provisions of this 
Act for refusal of inspection services. 
ADMINISTRATIVE DETENTION 
SEC. 19. Whenever any eggs or egg products subject to the Act, 
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 Act or that 
they are in any other way in violation of this Act, or whenever any 
restricted eggs capable of use as human food are found by such a 
representative in the possession of any person not authoi'ized 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 20 of this 
Act 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. 
JUDICIAL S E I Z U R E PROCEEDINGS 
SEC. 20. (a) 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 Act, or in any 
other way are in violation of this Act; 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 21 of this Act within the jurisdic-
tion of w^hich 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 Act, the Federal Food, Drug, 
and Cosmetic Act or the Fair Packaging and Labeling Act, or the 
21 use 3 "'*'"'* 
laws of the jurisdiction in which they are sold: Provided, That upon 
so stat. 1
2
9
*
6
. 
the execution and delivery of a good and sufficient bond conditioned 
^^ ^^c 1451 
that the articles shall not be sold or otherwise disposed of contrary note. 
note 
1632 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
to the provisions of this Act, the Federal Food, Drug, and Cosmetic 
21 usc'3o°i*°* 
^^^h ^^^ ^^^^ Packaging and Labeling Act, or the" laws of the juris-
80 Stat. 1296. 
diction in which disposal is made, the court may direct that they be 
1
5 use 1451 
delivered to the owner thereof subject to such supervision by autnor-
ized representatives of the Secretary as is necessary to insure com-
pliance witli 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) The provisions of this section shall in no way derogate from 
authority for condemnation or seizure conferred by other provisions 
of this Act, or other laws. 
JURISDICTION 
SEC. 21. The United States district courts and the District Court 
of the Virgin Islands are vested wdth jurisdiction specifically to 
enforce, and to prevent and restrain violations of, this Act, and shall 
have jurisdiction in all other cases, arising under this Act, except as 
provided in section 18 of this Act. All proceedings for the enforce-
ment or to restrain violations of this Act shall be by and in the name 
of the United States. Subpenas for witnesses who are required to 
attend a court of the LTnited States, in any district, may run into any 
other district in any such proceeding. 
APPLICABILITY OP OTHER ACTS 
SEC. 22. For the efficient administration and enforcement of this Act, 
the provisions (including penalties) of sections 6, 8, 9, and 10 of the 
Federal Trade Commission Act, as amended (38 Stat. 721-723, as 
amended; 15 U.S.C. 46, 48, 49, and 50) (except paragraphs (c) 
through (h) of section 6 and the last paragraph of section 9), and 
the provisions of subsection 409(1) of the Communications Act of 
1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are made appli-
cable to the jurisdiction, powers, and duties of the Secretary in 
administering and enforcing the provisions of this Act and to any 
person with respect to whom such authority is exercised. The Secre-
tary, in person or by such agents as he may designate, may prosecute 
any inquiry necessary to his duties under this Act in any part of the 
United States, and the powers conferred by said sections 9 and 10 
of the Federal Trade Commission Act, as amended, on the district 
courts of the United States may be exercised for the purposes of this 
Act by any court designated in section 21 of this Act. 
RELATION TO OTHER 
AUTHORITIES 
SEC. 23. (a) Requirements within the scope of this Act with respect 
to premises, facilities, and operations of any official plant which are 
in addition to or different than those made under this Act 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 11 of this Act, if consistent therewith, with respect 
to any such plant. 
(b) For eggs which have moved or are moving in interstate or for-
eign commerce, (1) no State or local jurisdiction may require the use 
of standards of quality, condition, weight, quantity, or grade which 
66 Stat. 722. 
84 STAT.] 
PUBLIC LAW 91-597-DEC. 29,1970 
1633 
are in addition to or different from the official Federal standards, and 
(2) 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 
Act, the Federal Food, Drug, and Cosmetic Act and the Fair Pack- 
H use 3o°u°' 
aging and Labeling Act, may not be imposed by any State or local 
so stat. 1296. 
jurisdiction, with respect to egg products processed at any official ^J^ "^^ ^
"
^
^
^ 
plant in accordance with the requirements under such Acts. How^-
ever, 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 Act shall not invalidate any law or other provi-
sions of any State or other jurisdiction in the absence of a conflict 
wdth this Act. 
(c) The provisions of this Act shall not affect the applicability of 
the Federal Food, Drug, and Cosmetic Act or the Fair Packaging 
and Labeling Act or other Federal laws to eggs, egg products, or other 
food products or diminish any authority conferred on the Secretary 
of Health, Education, and Welfare or other Federal officials by such 
other laws, except that the Secretary of Agriculture shall have exclu-
sive jurisdiction to regulate official plants processing egg products 
and operations thereof as to all matters within the scope of this Act. 
(d) The detainer authority conferred on representatives of the Sec-
retary of Agriculture by section 19 of this Act shall also apply to 
any authorized representative of the Secretary of Health, Education, 
and "Welfare for the purposes of paragraph (d) of section 5 of this 
Act, with respect to any eggs or egg products that are outside any 
plant processing egg products. 
COST OF INSPECTION 
SEC. 24. (a) The cost of inspection rendered under the requirements 
of this Act, and other costs of administration of this Act, shall be 
borne by the United States, except that the cost of overtime and holi-
day work performed in official plants subject to the provisions of this 
Act 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 Act. 
(b) The term "holiday" for the purposes of assessment or reim- 
"Holiday." 
bursement of the cost of inspection performed under this Act, the 
Wholesome Poultry Products Act, and the Wholesome Meat Act shall 
H use Isi' 
mean the legal public holidays specified by the Congress in paragraph 
note. 
(a) of section 6103, title 5 of the United States Code. 
l\ 5|J,-g^o^J-
note. 
SMALL BUSINESS ASSISTANCE 
82 Stat. 250. 
SEC. 25. (a) Section 7(b) of the Small Business Act is amended— 
78^stat!*7;^^'''' 
(1) by striking out the period at the end of paragraph (4) 
83 stat. 802. 
and inserting in lieu thereof "; and"; and 
^^ ^^^ ^^^' 
(2) by adding after paragraph (4) a new paragraph as fol-
lows: 
1634 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
"(5) to make such loans (either directly or in cooperation with 
banks or other lending institutions through agreements to partici-
pate on an immediate or deferred basis) as the Administrator 
may determine to be necessary or appropriate to assist any small 
business concern in effecting additions to or alterations in its 
plant, facilities, or methods of operation to meet requirements 
Ante. p. 1
6 20. 
imposed by the Egg Products Inspection Act, the Wholesome 
82 Stat. 791. 
Poultry Products Act, and the Wholesome Meat Act of 1967 or 
notl.^^*^ ^^^ 
State laws enacted in conformity therewith, if the Administration 
81 Stat, 584. 
determines that such concern is likely to suffer substantial eco-
note."^*^ ^°^ 
nomic injury without assistance under this paragraph." 
72'stat. 387; 
(b) The third sentence of section 7(b) of such Act is amended by 
'^\f^^sc^ei6. 
inserting "or (5)" after "paragraph (3)". 
80 Stat. 132; 
(c) Scctlou 4(c)(1) of the Small Business Act is amended by 
^'if use 633. 
inserting "7(b) (5)", after "7(b) (4),". 
A N N U A L 
REPORT 
SEC. 26. (a) Not later than March 1 of each year following the 
enactment of this Act the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee 
on Agriculture and Forestry of the Senate a comprehensive and 
detailed written report with respect to— 
(1) the processing, storage, handling, and distribution of eggs 
and Qgg products subject to the provisions of this title; the 
inspection of establishments operated in connection therewith; 
the effectiveness of the operation of the inspection, including the 
effectiveness of the operations of State e^g inspection programs; 
and recommendations for legislation to improve such program; 
and 
(2) the administration of section 17 of this Act (relating to 
imports) during the immediately preceding calendar year, includ-
ing but not limited to— 
(A) a certification by the Secretary that foreign plants 
exporting eggs or e^g products to the United States have 
complied with requirements of this Act and regulations 
issued thereunder; 
(B) the names and locations of plants authorized or per-
mitted to export eggs or egg products to the United States; 
(C) the number of inspectors employed by the Depart-
ment 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 w^ere received and that were 
assigned, during the calendar year concerned, to inspect such 
imports and the facilities in which such imports were han-
dled ; and the frequency and effectiveness of such inspections; 
(E) the total volume of eggs and ^gg products which 
was imported into the United States during the calendar 
year concerned from each country, including a separate item-
ization 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 title; and 
(F) recommendations for 
legislation to improve such 
program. 
84 STAT.] 
PUBLIC LAW 91-597-DEC. 29, 1970 
1635 
APPROPRIATIONS 
SEC. 27. Such sums as are necessary to carry out the provisions 
of this Act are hereby authorized to be appropriated. 
SEPARABILITY OF PROVISIONS 
SEC. 28. If any provision of this Act or the application thereof 
to any person or circumstances is held invalid, the validity of the 
remainder of the Act and of the application of such provision to other 
persons and circumstances shall not be affected thereby. 
EFFECTIVE DAY 
SEC. 29. The provisions of this Act with respect to egg products 
shall take effect six months after enactment. Otherwise, this Act shall 
take effect eighteen months after enactment. 
Approved December 29, 1970. 
47-348 O - 72 - 20 (Pt. 2)