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21 U.S.C. § 1034 — Inspection of egg products
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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Source file: Laws/federal/codes/united-states-code/title-21/section-1034-inspection-of-egg-products--688e39c6a4.md
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Source location: Title 21, Chapter 15, § 1034; chapter-015-egg-products-inspection.md
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**(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, such articles shall be destroyed for human food purposes under the supervision of an inspector: Provided, That articles which may by reprocessing be made not adulterated need not be condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal be taken from such determination, the eggs or egg products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the Secretary determines that the appeal is frivolous. If the determination of condemnation is sustained, the eggs or egg products shall be destroyed for human food purposes under the supervision of an inspector.
**(d) Inspection of business premises, facilities, inventory, operations, and records of egg handlers; inspection of records and inventory of others required to keep records; authority of Secretary of Health and Human Services to inspect food manufacturing establishments, institutions, and restaurants; access to places of business** The Secretary shall cause such other inspections to be made of the business premises, facilities, inventory, operations, and records of egg handlers, and the records and inventory of other persons required to keep records under [section 1040 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1040&num=0&edition=prelim), as he deems appropriate (and in the case of shell egg packers, packing eggs for the ultimate consumer, at least once each calendar quarter) to assure that only eggs fit for human food are used for such purpose, and otherwise to assure compliance by egg handlers and other persons with the requirements of [section 1037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1037&num=0&edition=prelim), except that the Secretary of Health and Human Services shall cause such inspections to be made as he deems appropriate to assure compliance with such requirements at food manufacturing establishments, institutions, and restaurants, other than plants processing egg products. Representatives of said Secretaries shall be afforded access to all such places of business for purposes of making the inspections provided for in this chapter.
**(e) Refrigeration and labeling requirements**
(1) Subject to paragraphs (2), (3), and (4), the Secretary shall make such inspections as the 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 degrees Fahrenheit after packing; and
(B) contain labeling that indicates that refrigeration 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 quarter.
(3) The Secretary of Health and Human Services 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, institutions, 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 vehicle, for purposes of making an inspection required under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulation for exemptions** The Secretary may, by regulation and under such conditions and procedures as he may prescribe, exempt from specific provisions of this chapter—
(1) the sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the tolerance in the official standards of United States consumer grades for shell eggs;
(2) the processing of egg products at any plant where the facilities and operating procedures meet such sanitary standards as may be prescribed by the Secretary, and where the eggs received or used in the manufacture of egg products contain no more restricted eggs than are allowed by the official standards of United States consumer grades for shell eggs, and the egg products processed at such plant;
(3) the sale of eggs by any poultry producer from his own flocks directly to a household consumer exclusively 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;
(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 household and his nonpaying guests and employees, and the egg products so processed when handled in accordance with this paragraph;
(5) the sale of eggs by shell egg packers on his own premises directly to household consumers 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 operatio
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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
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
**(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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Before any violation of this chapter is reported by the Secretary of Agriculture or Secretary of Health and Human Services to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the Secretary of Agriculture or Secretary of Health and Human Services to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning or an action to assess civil penalties.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 a
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 914
TITLE 21—FOOD AND DRUGS
§ 1034
lizing, cooling, freezing, drying, or packaging
egg products.
(x) The term ‘‘Secretary’’ means the Secretary
of Agriculture or his delegate.
(y) The term ‘‘State’’ means any State of the
United States, the Commonwealth of Puerto
Rico, the Virgin Islands of the United States,
and the District of Columbia.
(z) The term ‘‘United States’’ means the
States.
(Pub. L. 91–597, § 4, Dec. 29, 1970, 84 Stat. 1621;
Pub. L. 102–571, title I, § 107(15), Oct. 29, 1992, 106
Stat. 4499.)
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.
The Fair Packaging and Labeling Act, referred to in
subsec. (h), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296,
which is classified generally to chapter 39 (§ 1451 et seq.)
of Title 15, Commerce and Trade. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1451 of Title 15 and Tables.
The Federal Food, Drug, and Cosmetic Act, referred
to in subsecs. (i) and (u), is act June 25, 1938, ch. 675, 52
Stat. 1040, which is classified generally to chapter 9
(§ 301 et seq.) of this title. For complete classification of
this Act to the Code, see section 301 of this title and
Tables.
The effective date of this chapter, referred to in sub-
sec. (r), means the effective date of Pub. L. 91–597. For
such effective date, see Effective Date note set out
under section 1031 of this title.
The Agricultural Marketing Act of 1946, referred to in
subsec. (r), is title II of ac
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