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21 U.S.C. § 1046 — Imports

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

21 U.S.C. § 1046 — Imports

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Stable record: federal_law:legal_authorities:record_usc_d5550f0e9c5e10f31b81708e
Source file: Laws/federal/codes/united-states-code/title-21/section-1046-imports--9206aa8642.md
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Source location: Title 21, Chapter 15, § 1046; chapter-015-egg-products-inspection.md

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**(a) Authorization for importation of restricted eggs; prerequisites for importation of egg products; treatment as domestic articles subject to this chapter; marking and labeling exemption for personal consumption** (1) No restricted eggs capable of use as human food shall be imported into the United States except as authorized by regulations of the Secretary. (2) No egg products capable of use as human food shall be imported into the United States unless they were processed under an approved continuous inspection system of the government of the foreign country of origin or subdivision thereof and are labeled and packaged in accordance with, and otherwise comply with the standards of this chapter and regulations issued thereunder applicable to such articles within the United States. (3) No eggs packed into a container that is destined for the ultimate consumer shall be imported into the United States unless the eggs are accompanied by a certification that the eggs have at all times after packaging been stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as required by sections 1034(e) and 1037(c) of this title. (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 labeled as required by such regulations for imported articles: Provided further, That nothing in this section shall apply to eggs or egg products purchased outside the United States by any individual for consumption by him and members of his household and his nonpaying guests and employees. **(b) Terms and conditions for destruction** The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary 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 representatives 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 payment 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.

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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. § 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

21 U.S.C. § 1054 — Annual report to Congressional committees

**(a)** 11 So in original. No subsec. (b) has been enacted. Not later than March 1 of each year following December 29, 1970, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a comprehensive and detailed written report with respect to— (1) the processing, storage, handling, and distribution of eggs and egg products subject to the provisions of this chapter; the inspection of establishments operated in connection therewith; the effectiveness of the operation of the inspection, including the effectiveness of the operations of State egg inspection programs; and recommendations for legislation to improve such program; and (2) the administration of [section 1046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1046&num=0&edition=prelim) (relating to imports) during the immediately preceding calendar year, including but not limited to— (A) a certification by the Secretary that foreign plants exporting eggs or egg products to the United States have complied with requirements of this chapter and regulations issued thereunder; (B) the names and locations of plants authorized or permitted to export eggs or egg products to the United States; (C) the number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (B) hereof and the frequency with which each such plant was inspected by such inspectors; (D) the number of inspectors that were licensed by each country from which any imports were received and that were assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports wer

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

21 U.S.C. § 1046 — Imports

Page 920 TITLE 21—FOOD AND DRUGS § 1045 1 So in original. Probably should be ‘‘subsection (a)(2) or (6)’’. consumer exclusively for use by such con- sumer and members of his household and his nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this paragraph; (4) the processing of egg products by any poultry producer from eggs of his own flocks’ production for sale of such products directly to a household consumer exclusively for use by such consumer and members of his house- hold and his nonpaying guests and employees, and the egg products so processed when han- dled in accordance with this paragraph; (5) the sale of eggs by shell egg packers on his own premises directly to household con- sumers for use by such consumer and members of his household and his nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this paragraph; (6) for such period of time (not to exceed two years) during the initiation of operations under this chapter as the Secretary deter- mines that it is impracticable to provide in- spection, the processing of egg products at any class of plants and the egg products processed at such plants; and (7) the sale of eggs by any egg producer with an annual egg production from a flock of three thousand or less hens. (b) Plants located in noncontiguous areas of United States The Secretary shall, by regulation and under such procedures as he may prescribe, exempt any plant located within noncontiguous areas of the United States from specific provisions of this chapter, where, despite good faith efforts by the owner of such plant, such owner has not been able to bring his plant into full compliance with this chapter: Pr

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1046

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