
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: 21USC1046]

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

    (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.
    (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.
    (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.
    (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 (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 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.

(Pub. L. 91-597, Sec. 17, Dec. 29, 1970, 84 Stat. 1630; Pub. L. 102-237, 
title X, Sec. 1012(f), Dec. 13, 1991, 105 Stat. 1901.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-237 designated first sentence as par. 
(1) and second sentence as par. (2), added par. (3), and designated 
third sentence as par. (4).


                    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 1037, 1054 of this title.
