Egg Products
Inspection Act
Title 21 - Food and Drugs
Chapter 15 - Egg Products Inspection
§1031. Congressional statement of findings
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.
§1032. Congressional declaration of policy
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.
§1033. Definitions
(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.
§1034. Inspection of egg products
(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.
§1035. Sanitary operating practices in official
plants
(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.
§1036. Pasteurization and labeling of egg products at
official plants
(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
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.
§1037. Prohibited acts
(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.
§1038. Cooperation with appropriate State and
other governmental agencies; utilization of employees; reimbursement
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.
§1039. Eggs and egg products not intended for
use as human food; inspection; denaturing or otherwise identifying
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.
§1040. Recordkeeping requirements; persons
required to maintain records; scope of disclosure; access to records
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.
§1041. Enforcement provisions
(a) Violations of section 1037; term of imprisonment and fine; scope
of liability
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.
§1042. Reporting of violation to United
States attorney for institution of criminal proceedings; procedure;
presentation of views
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.
§1043. Rules and regulations; administration
and enforcement
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.
§1044. Exemption of certain activities
(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;
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(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
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(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.
§1045. Limitation on entry of eggs and egg
products and other materials into official plants
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.
§1046. Imports
(a) Authorization for importation of restricted eggs; prerequisites
for importation of egg products; treatment as domestic articles subject to
this chapter; marking and labeling exemption for personal consumption
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(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.
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(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.
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(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.
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(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
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(1) they are exported by the consignee within the time fixed therefor by
the Secretary or
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(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.
§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
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
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(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
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(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.
§1048. Administrative detention of violative
articles; duration; release; removal of official marks
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.
§1049. Seizure and condemnation proceedings
(a) Jurisdiction; disposal of condemned articles; court costs and
fees; conformity to supplemental rules for admiralty and maritime claims;
jury trial; United States as plaintiff
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.
§1050. Jurisdiction of district courts;
United States as plaintiff in enforcement and restraining proceedings;
subpenas for witnesses
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.
§1051. Other Federal laws applicable for
administration and enforcement of chapter; prosecution of inquiries; exercise
of jurisdiction
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.
§1052. State or local regulation
(a) Prohibition against additional or different requirements than
Federal requirements relating to premises, facilities, and operations at
official plants; authority to impose recordkeeping and related requirements
consistent with Federal requirements
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,
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(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,
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(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
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(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.
§1053. Inspection and administration costs
(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.
§1054. Annual report to Congressional
committees
(a) 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 -
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(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
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(2) the administration of section 1046 of this
title (relating to imports) during the immediately preceding calendar year,
including but not limited to -
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(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;
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(B) the names and locations of plants authorized or permitted to export
eggs or egg products to the United States;
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(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;
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(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;
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(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
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(F) recommendations for legislation to improve such program.
§1055. - Authorization of
appropriations
Such sums as are necessary to carry out the provisions of this chapter are hereby authorized to be appropriated.
§1056. Separability
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.
As of : Aug 6, 2004
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