
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: 21USC1052]

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

(Pub. L. 91-597, Sec. 23, Dec. 29, 1970, 84 Stat. 1632; Pub. L. 96-88, 
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-237, 
title X, Sec. 1012(g), Dec. 13, 1991, 105 Stat. 1901.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. 
(b) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, 
which is classified generally to chapter 9 (Sec. 301 et seq.) of this 
title. For complete classification of this Act to the Code, see section 
301 of this title and Tables.
    The Fair Packaging and Labeling Act, referred to in subsecs. (b) and 
(c), is Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as amended, which 
is classified generally to chapter 39 (Sec. 1451 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 1451 of Title 15 and Tables.


                               Amendments

    1991--Subsec. (b). Pub. L. 102-237 substituted ``(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 (3)'' 
for ``and (2)''.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsecs. (c) and (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

    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.
