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21 U.S.C. § 1047 — Refusal or withdrawal of inspection services; hearing; grounds; person deemed to have responsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaffected
Federal law — U.S. Code and appendices · legal_authorities
The Secretary (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) may refuse to provide or may withdraw inspection service under this chapter with respect to any plant if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted in any Federal or State court, within the previous ten years, of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food, or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health.
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Source file: Laws/federal/codes/united-states-code/title-21/section-1047-refusal-or-withdrawal-of-inspection-services-hearing-grounds-person-deem--cd8d4fbf4b.md
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Source location: Title 21, Chapter 15, § 1047; chapter-015-egg-products-inspection.md
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The Secretary (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) may refuse to provide or may withdraw inspection service under this chapter with respect to any plant if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted in any Federal or State court, within the previous ten years, of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food, or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1031
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Federal law — U.S. Code and appendices · legal_authorities
The United States district courts and the District Court of the Virgin Islands are vested with jurisdiction specifically to enforce, and to prevent 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1047&num=0&edition=prelim). All proceedings for the enforcement 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1050
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Federal law — U.S. Code and appendices · legal_authorities
Page 921
TITLE 21—FOOD AND DRUGS
§ 1047
(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 la-
beled as required by such regulations for im-
ported articles: Provided further, That nothing in
this section shall apply to eggs or egg products
purchased outside the United States by any indi-
vidual for consumption by him and members of
his household and his nonpaying guests and em-
ployees.
(b) Terms and conditions for destruction
The Secretary may prescribe the terms and
conditions for the destruction of all such arti-
cles which are imported contrary to this sec-
tion, unless (1) they are exported by the con-
signee within the time fixed therefor by the Sec-
retary 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 rep-
resentatives 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 pay-
ment 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, § 17, Dec. 29, 1970, 84 Stat. 1630;
Pub. L. 102–237, title X, § 1012(f), Dec. 13, 1991, 105
Stat. 1901.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) to (c), was in
the original ‘‘this Act’’, m
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1047
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