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21 U.S.C. § 1048 — Administrative detention of violative articles; duration; release; removal of official marks

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

21 U.S.C. § 1048 — Administrative detention of violative articles; duration; release; removal of official marks

Whenever any eggs or egg products subject to this chapter, are found by any authorized representative of the Secretary upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter or that they are in any other way in violation of this chapter, or whenever any restricted eggs capable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary, such articles may be detained by such representative for a reasonable period but not to exceed twenty days, pending action under [section 1049 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1049&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such articles and shall not be moved by any person from the place at which they are located when so detained until released by such representative. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the Secretary that the articles are eligible to retain such marks.

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Source file: Laws/federal/codes/united-states-code/title-21/section-1048-administrative-detention-of-violative-articles-duration-release-removal--fa5565734a.md
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Source location: Title 21, Chapter 15, § 1048; chapter-015-egg-products-inspection.md

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

21 U.S.C. § 1049 — Seizure and condemnation proceedings

**(a) Jurisdiction; disposal of condemned articles; court costs and fees; conformity to supplemental rules for admiralty and maritime claims; jury trial; United States as plaintiff** Any eggs or egg products that are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation, in violation of this chapter, or in any other way are in violation of this chapter; and any restricted eggs, capable of use as human food, in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any United States district court or other proper court as provided in [section 1050 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1050&num=0&edition=prelim) within the jurisdiction of which the articles are found. If the articles are condemned they shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the articles shall not be sold contrary to the provision of this chapter, the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] or the Fair Packaging and Labeling Act [[15 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim) et seq.], or the laws of the jurisdiction in which they are sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the articles

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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. § 1052 — State or local regulation

**(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

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

21 U.S.C. § 1048 — Administrative detention of violative arti-

Page 922 TITLE 21—FOOD AND DRUGS § 1048 § 1048. Administrative detention of violative arti- cles; duration; release; removal of official marks Whenever any eggs or egg products subject to this chapter, are found by any authorized rep- resentative of the Secretary upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter or that they are in any other way in violation of this chapter, or whenever any restricted eggs ca- pable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary, such articles may be detained by such representative for a reason- able period but not to exceed twenty days, pend- ing action under section 1049 of this title or no- tification of any Federal, State, or other govern- mental authorities having jurisdiction over such articles and shall not be moved by any person from the place at which they are located when so detained until released by such representa- tive. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the Secretary that the articles are eligible to retain such marks. (Pub. L. 91–597, § 19, Dec. 29, 1970, 84 Stat. 1631.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Sta

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