
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: 21USC1037]

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

(Pub. L. 91-597, Sec. 8, Dec. 29, 1970, 84 Stat. 1626; Pub. L. 96-88, 
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-237, 
title X, Sec. 1012(c), Dec. 13, 1991, 105 Stat. 1899.)


                               Amendments

    1991--Subsecs. (c) to (f). Pub. L. 102-237 added subsec. (c) and 
redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (e)(8) 
pursuant to section 509(b) of Pub. L. 96-88, which is classified to 
section 3508(b) of Title 20, Education.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-237 effective 12 months after promulgation 
of final implementing regulations, see section 1012(h) of Pub. L. 102-
237, set out as a note under section 1034 of this title.

                  Section Referred to in Other Sections

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