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21 U.S.C. § 1035 — Sanitary operating practices in official plants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Premises, facilities, and equipment** Each official plant shall be operated in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the Secretary to effectuate the purposes of this chapter, including requirements for segregation and disposition of restricted eggs.
**(b) Refusal by Secretary to inspect nonconforming plants** The Secretary shall refuse to render inspection to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
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Source file: Laws/federal/codes/united-states-code/title-21/section-1035-sanitary-operating-practices-in-official-plants--0c284f7242.md
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Source location: Title 21, Chapter 15, § 1035; chapter-015-egg-products-inspection.md
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**(a) Premises, facilities, and equipment** Each official plant shall be operated in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the Secretary to effectuate the purposes of this chapter, including requirements for segregation and disposition of restricted eggs.
**(b) Refusal by Secretary to inspect nonconforming plants** The Secretary shall refuse to render inspection to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
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Federal law — U.S. Code and appendices · legal_authorities
Eggs and egg products are an important source of the Nation’s total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, not adulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors, as well as injury to consumers. Unwholesome, otherwise adulterated, or improperly labeled or packaged products can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in interstate or foreign commerce, or substantially affect such commerce, and that regulation by the Secretary of Agriculture and the Secretary of Health and Human Services, and cooperation by the States and other jurisdictions, as contemplated by this chapter, are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
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Federal law — U.S. Code and appendices · legal_authorities
Page 915
TITLE 21—FOOD AND DRUGS
§ 1036
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 de-
grees Fahrenheit after packing; and
(B) contain labeling that indicates that re-
frigeration 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 quar-
ter.
(3) The Secretary of Health and Human Serv-
ices 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, insti-
tutions, 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 vehi-
cle, for purposes of making an inspection re-
quired under this subsection.
(Pub. L. 91–597, § 5, Dec. 29, 1970, 84 Stat. 1624;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 102–237, title X, § 1012(b), Dec.
13, 1991, 105 Stat. 1899.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (d), was
in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec.
29, 1970, 84 Stat. 1620, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set o
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