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21 U.S.C. § 1037 — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_f17e202192d6960d58ee6369
Source file: Laws/federal/codes/united-states-code/title-21/section-1037-prohibited-acts--ce967ddfaa.md
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Source location: Title 21, Chapter 15, § 1037; chapter-015-egg-products-inspection.md
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**(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 for the ultimate consumer unless the eggs are stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as prescribed by rules and regulations promulgated by the Secretary.
**(d)** No person shall violate any provision of section 1039, 1040 or 1046 of this title.
**(e)** No person shall—
(1) manufacture, cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary;
(2) forge or alter any official device, mark, or certificate;
(3) without authorization from the Secretary, use any official device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or mark; or use any labeling or container ordered to be withheld from use under [section 1036 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1036&num=0&edition=prelim) after final judicial affirmance of such order or expiration of the time for appeal if no appeal is taken under said section;
(4) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(5) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products bearing any counterfeit, simulated, forged, or improperly altered official mark;
(6) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary;
(7) knowingly represent that any article has been inspected or exempted, under this chapter, when, in fact, it has, respectively, not been so inspected or exempted; and
(8) refuse access, at any reasonable time, to any representative of the Secretary of Agriculture or the Secretary of Health and Human Services, to any plant or other place of business subject to inspection under any provisions of this chapter.
**(f)** No person, while an official or employee of the United States Government or any State or local governmental agency, or thereafter, shall use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in a judicial proceeding, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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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
**(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
**(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
Page 916
TITLE 21—FOOD AND DRUGS
§ 1037
1 So in original. The comma probably should not appear.
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 Sec-
retary so directs, be withheld pending hearing
and final determination by the Secretary. Any
such determination by the Secretary shall be
conclusive unless, within thirty days after re-
ceipt of notice of such final determination, the
person adversely affected thereby appeals to the
United States court of appeals for the circuit in
which such person has its principal place of
business or to the United States Court of Ap-
peals for the District of Columbia Circuit. The
provisions of section 194 of title 7,1 shall be ap-
plicable to appeals taken under this section.
(Pub. L. 91–597, § 7, Dec. 29, 1970, 84 Stat. 1625.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), 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 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.
§ 1037. Prohibited acts
(a)(1) No person shall buy, sell, or transport, or
offer to buy or sell, or offer or receive for trans-
portation, in any business in commerce any re-
stricted eggs, capable of use as human food, ex-
cept as authorized by regulations of the Sec-
retary under such conditions as he may pre-
scribe to assure that only egg
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1037
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