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21 U.S.C. § 1040 — Recordkeeping requirements; persons required to maintain records; scope of disclosure; access to records
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_d0711412bfe96fe1354b95b3
Source file: Laws/federal/codes/united-states-code/title-21/section-1040-recordkeeping-requirements-persons-required-to-maintain-records-scope-of--dfea36a6b9.md
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Source location: Title 21, Chapter 15, § 1040; chapter-015-egg-products-inspection.md
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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
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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1034
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations of section 1037; term of imprisonment and fine** Any person who commits any offense prohibited by [section 1037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1037&num=0&edition=prelim) shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine, but if such violation involves intent to defraud, or any distribution or attempted distribution of any article that is known to be adulterated (except as defined in [section 1033(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1033/a/8&num=0&edition=prelim)), such person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both.
**(b) Persons preventing enforcement of chapter; term of imprisonment and fine** Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years or both. Whoever, in the commission of any such act, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1112 of title 18.
**(c) Civil penalty**
(1)
(A) Except as otherwise provided in this subsection, any person who violates any provision of this chapter or any regulation issued under this chapter, other than a violation for which a criminal penalty has been imposed under th
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1041
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Federal law — U.S. Code and appendices · legal_authorities
**(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 tempera
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1052
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Federal law — U.S. Code and appendices · legal_authorities
Page 917
TITLE 21—FOOD AND DRUGS
§ 1040
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b)(1), (2), (e)(7),
(8), and (f), was in the original ‘‘this Act’’, meaning
Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is clas-
sified principally to this chapter. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1031 of this title and Tables.
AMENDMENTS
1991—Subsecs. (c) to (f). Pub. L. 102–237 added subsec.
(c) and redesignated former subsecs. (c) to (e) as (d) to
(f), respectively.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted for ‘‘Secretary of Health, Education, and Wel-
fare’’ in subsec. (e)(8) 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.
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.
§ 1038. Cooperation with appropriate State and
other governmental agencies; utilization of
employees; reimbursement
The Secretary shall, whenever he determines
that it would effectuate the purposes of this
chapter, cooperate with appropriate State and
other governmental agencies, in carrying out
any provisions of this chapter. In carrying out
the provisions of this chapter, the Secretary
may conduct such examinations, investigations,
and inspections as he determines practicable
through any officer or employee of any such
agency commissioned
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1040
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