
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: 21USC1044]

 
                        TITLE 21--FOOD AND DRUGS
 
                   CHAPTER 15--EGG PRODUCTS INSPECTION
 
Sec. 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;
        (6) for such period of time (not to exceed two years) during the 
    initiation of operations under this chapter as the Secretary 
    determines that it is impracticable to provide inspection, the 
    processing of egg products at any class of plants and the egg 
    products processed at such plants; and
        (7) the sale of eggs by any egg producer with an annual egg 
    production from a flock of three thousand or less hens.

(b) Plants located in noncontiguous areas of United States

    The Secretary shall, by regulation and under such procedures as he 
may prescribe, exempt any plant located within noncontiguous areas of 
the United States from specific provisions of this chapter, where, 
despite good faith efforts by the owner of such plant, such owner has 
not been able to bring his plant into full compliance with this chapter: 
Provided, That in order to provide at least minimum standards for the 
protection of the public health, whenever processing operations are 
being conducted at any such plant, continuous inspection shall be 
maintained to assure that it is operated in a sanitary manner. No 
exemption under this subsection shall be granted for a period extending 
beyond December 31, 1971.

(c) Suspension or termination of exemptions

    The Secretary may immediately suspend or terminate any exemption 
under subsection (a)(2) or (6) of this section at any time with respect 
to any person, if the conditions of exemption prescribed by this section 
or the regulations of the Secretary are not being met. The Secretary may 
modify or revoke any regulation granting exemption under this chapter 
whenever he deems such action appropriate to effectuate the purposes of 
this chapter.

(Pub. L. 91-597, Sec. 15, Dec. 29, 1970, 84 Stat. 1629; Pub. L. 92-67, 
Aug. 6, 1971, 85 Stat. 173.)


                               Amendments

    1971--Subsecs. (b), (c). Pub. L. 92-67 added subsec. (b) and 
redesignated former subsec. (b) as (c).

                  Section Referred to in Other Sections

    This section is referred to in section 1034 of this title.
