
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1034]

 
                        TITLE 21--FOOD AND DRUGS
 
                   CHAPTER 15--EGG PRODUCTS INSPECTION
 
Sec. 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.

(Pub. L. 91-597, Sec. 5, Dec. 29, 1970, 84 Stat. 1624; Pub. L. 96-88, 
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-237, 
title X, Sec. 1012(b), Dec. 13, 1991, 105 Stat. 1899.)


                               Amendments

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

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (d) pursuant 
to section 509(b) of Pub. L. 96-88, which is classified to section 
3508(b) of Title 20, Education.


                    Effective Date of 1991 Amendment

    Section 1012(h) of Pub. L. 102-237 provided that: ``This section and 
the amendments made by this section [amending this section and sections 
1037, 1041, 1042, 1046, and 1052 of this title and enacting provisions 
set out as a note under section 1031 of this title] shall become 
effective 12 months after the Secretary of Agriculture promulgates final 
regulations implementing this section and the amendments.'' [Final 
regulations were promulgated Aug. 20, 1998, effective Aug. 27, 1999. See 
63 F.R. 45663.]

                  Section Referred to in Other Sections

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