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21 U.S.C. § 1052 — State or local regulation

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1052 — State or local regulation

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Source file: Laws/federal/codes/united-states-code/title-21/section-1052-state-or-local-regulation--e998b6c1a4.md
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Source location: Title 21, Chapter 15, § 1052; chapter-015-egg-products-inspection.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1040&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1034/e&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] and the Fair Packaging and Labeling Act [[15 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] or the Fair Packaging and Labeling Act [[15 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1048&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1034/d&num=0&edition=prelim), with respect to any eggs or egg products that are outside any plant processing egg products.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1451 — Congressional declaration of policy

Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1031 — Congressional statement of findings

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

21 U.S.C. § 1040 — Recordkeeping requirements; persons required to maintain records; scope of disclosure; access to records

For the purpose of enforcing the provisions of this chapter and the regulations promulgated thereunder, all persons engaged in the business of transporting, shipping, or receiving any eggs or egg products in commerce or holding such articles so received, and all egg handlers, shall maintain such records showing, for such time and in such form and manner, as the Secretary of Agriculture or the Secretary of Health and Human Services may prescribe, to the extent that they are concerned therewith, the receipt, delivery, sale, movement, and disposition of all eggs and egg products handled by them, and shall, upon the request of a duly authorized representative of either of said Secretaries, permit him at reasonable times to have access to and to copy all such records.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1048 — Administrative detention of violative articles; duration; release; removal of official marks

Whenever any eggs or egg products subject to this chapter, are found by any authorized representative of the Secretary upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter or that they are in any other way in violation of this chapter, or whenever any restricted eggs capable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary, such articles may be detained by such representative for a reasonable period but not to exceed twenty days, pending action under [section 1049 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1049&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such articles and shall not be moved by any person from the place at which they are located when so detained until released by such representative. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the Secretary that the articles are eligible to retain such marks.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1034 — Inspection of egg products

**(a) Processing operations and establishments subject to coverage; rules and regulations** For the purpose of preventing the entry into or flow or movement in commerce of, or the burdening of commerce by, any egg product which is capable of use as human food and is misbranded or adulterated, the Secretary shall, whenever processing operations are being conducted, cause continuous inspection to be made, in accordance with the regulations promulgated under this chapter, of the processing of egg products, in each plant processing egg products for commerce, unless exempted under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1044&num=0&edition=prelim). Without restricting the application of the preceding sentence to other kinds of establishments within its provisions, any food manufacturing establishment, institution, or restaurant which uses any eggs that do not meet the requirements of [section 1044(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1044/a/1&num=0&edition=prelim) in the preparation of any articles for human food shall be deemed to be a plant processing egg products, with respect to such operations. **(b) Authority of Secretary to retain, segregate, and reinspect eggs and egg products** The Secretary, at any time, shall cause such retention, segregation, and reinspection as he deems necessary of eggs and egg products capable of use as human food in each official plant. **(c) Condemnation of adulterated products; destruction or reprocessing; procedure upon appeal from determination of adulteration** Eggs and egg products found to be adulterated at official plants shall be condemned and, if no appeal be taken from such determination of condemnation, suc

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1451 — Congressional declaration of policy

Page 1410 TITLE 15—COMMERCE AND TRADE §§ 1411 to 1420 Section 1410a, Pub. L. 89–563, title I, § 124, as added Pub. L. 93–492, title I, § 106, Oct. 27, 1974, 88 Stat. 1481, related to petitions of interested persons to commence proceedings on orders issued under sections 1392 and 1412(b) of this title. See sections 30103 and 30162 of Title 49. Section 1410b, Pub. L. 89–563, title I, § 125, as added Pub. L. 93–492, title I, § 109, Oct. 27, 1974, 88 Stat. 1482; amended S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980, related to occupant restraint systems. See section 30124 of Title 49. PART B—DISCOVERY, NOTIFICATION, AND REMEDY OF MOTOR VEHICLE DEFECTS §§ 1411 to 1420. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section 1411, Pub. L. 89–563, title I, § 151, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification respecting manufacturer’s find- ing of defect or failure to comply with motor vehicle safety standard. See section 30118 of Title 49, Transpor- tation. Section 1412, Pub. L. 89–563, title I, § 152, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification of Secretary’s finding of defect or failure to comply with motor vehicle safety stand- ard, publication in Federal Register, and opportunity to present data, views, and arguments. See section 30118 of Title 49. Section 1413, Pub. L. 89–563, title I, § 153, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1471; amended Pub. L. 97–331, § 4(b), Oct. 15, 1982, 96 Stat. 1620; Pub. L. 102–240, title II, § 2504(a), Dec. 18, 1991, 105 Stat. 2083, related to contents, time, and method of notifica- tion regarding manufacturer’s finding of defect or fail- ure to comply with m

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1052 — State or local regulation

Page 923 TITLE 21—FOOD AND DRUGS § 1052 1 See References in Text note below. § 1050. Jurisdiction of district courts; United States as plaintiff in enforcement and re- straining proceedings; subpenas for wit- nesses The United States district courts and the Dis- trict Court of the Virgin Islands are vested with jurisdiction specifically to enforce, and to pre- vent and restrain violations of, this chapter, and shall have jurisdiction in all other cases, arising under this chapter, except as provided in section 1047 of this title. All proceedings for the enforce- ment or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding. (Pub. L. 91–597, § 21, Dec. 29, 1970, 84 Stat. 1632.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title. § 1051. Other Federal laws applicable for admin- istration and enforcement of chapter; pros- ecution of inquiries; exercise of jurisdiction For the efficient administration and enforce- ment of this chapter, the provisions (including penalties) of sections 46, 48, 49, and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 1 of title

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

Page 30 TITLE 21—FOOD AND DRUGS § 301 Sec. 398. Notices to States regarding imported food. 399. Grants to enhance food safety. 399a. Office of the Chief Scientist. 399b. Office of Women’s Health. 399c. Improving the training of State, local, terri- torial, and tribal food safety officials. 399d. Employee protections. 399e. Nanotechnology. 399f. Ensuring adequate information regarding pharmaceuticals for all populations, par- ticularly underrepresented subpopulations, including racial subgroups. 399g. Food and Drug Administration Intercenter Institutes. 399h. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufac- turing. 399i. Food and Drug Administration Working Cap- ital Fund. SUBCHAPTER I—SHORT TITLE § 301. Short title This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. (June 25, 1938, ch. 675, § 1, 52 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro- vided that: ‘‘[SEC. 1] (a) The effective date of the following provi- sions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g) to (k) of this title]; 501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g), and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of this title]; and 602(b) [362(b) of this title]. ‘‘(b) The Secretary of Agriculture shall promulgate regulations further postponing to July 1, 1940[,] the ef- fective date of the provisions of sections 403(e)(1) [343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g) to (k)]; 502(b), (d), (

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