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21 U.S.C. § 1036 — Pasteurization and labeling of egg products at official plants

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

21 U.S.C. § 1036 — Pasteurization and labeling of egg products at official plants

**(a) Contents of label** Egg products inspected at any official plant under the authority of this chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the Secretary, and shall at the time they leave the official plant, bear in distinctly legible form on their shipping containers or immediate containers, or both, when required by regulations of the Secretary, the official inspection legend and official plant number, of the plant where the products were processed, and such other information as the Secretary may require by regulations to describe the products adequately and to assure that they will not have false or misleading labeling. **(b) False or misleading or use of nonapproved labeling or containers; determination by Secretary; procedures applicable; appeal** No labeling or container shall be used for egg products at official plants if it is false or misleading or has not been approved as required by the regulations of the Secretary. If the Secretary has reason to believe that any labeling or the size or form of any container in use or proposed for use with respect to egg products at any official plant is false or misleading in any particular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the labeling or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within

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Source file: Laws/federal/codes/united-states-code/title-21/section-1036-pasteurization-and-labeling-of-egg-products-at-official-plants--b56b22f340.md
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Source location: Title 21, Chapter 15, § 1036; chapter-015-egg-products-inspection.md

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

7 U.S.C. § 194 — Conclusiveness of order; appeal and review

**(a) Filing of petition; bond** An order made under [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim) shall be final and conclusive unless within thirty days after service the packer or swine contractor appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary’s order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer or swine contractor will pay the costs of the proceedings if the court so directs. **(b) Filing of record by Secretary** The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. **(c) Temporary injunction** At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the packer or swine contractor and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. **(d) Evidence** The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by t

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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. § 1033 — Definitions

For purposes of this chapter— **(a)** The term “adulterated” applies to any egg or egg product under one or more of the following circumstances— (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; (2) (A) if it bears or contains any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; (B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of [section 346a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section346a&num=0&edition=prelim); (C) if it bears or contains any food additive which is unsafe within the meaning of [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section348&num=0&edition=prelim); (D) if it bears or contains any color additive which is unsafe within the meaning of [section 379e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section379e&num=0&edition=prelim): Provided, That an article which is not otherwise deemed adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive, in or on such article, is prohibited by regulations of the Secreta

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

21 U.S.C. § 1037 — Prohibited acts

**(a)** (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business in commerce any restricted eggs, capable of use as human food, except as authorized by regulations of the Secretary under such conditions as he may prescribe to assure that only eggs fit for human food are used for such purpose. (2) No egg handler shall possess with intent to use, or use, any restricted eggs in the preparation of human food for commerce except that such eggs may be so possessed and used when authorized by regulations of the Secretary under such conditions as he may prescribe to assure that only eggs fit for human food are used for such purpose. **(b)** (1) No person shall process any egg products for commerce at any plant except in compliance with the requirements of this chapter. (2) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in commerce any egg products required to be inspected under this chapter unless they have been so inspected and are labeled and packaged in accordance with the requirements of [section 1036 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1036&num=0&edition=prelim). (3) No operator of any official plant shall fail to comply with any requirements of [section 1035(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1035/a&num=0&edition=prelim) or the regulations thereunder. (4) No operator of any official plant shall allow any egg products to be moved from such plant if they are adulterated or misbranded and capable of use as human food. **(c)** No egg handler shall possess any eggs after the eggs have been packed into a container that is destined f

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

21 U.S.C. § 1036 — Pasteurization and labeling of egg prod-

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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