21 U.S.C. § 1053 — Inspection and administration costs

Page 924 TITLE 21—FOOD AND DRUGS § 1053 the requirements under this chapter and such Acts. However, any State or local jurisdiction may exercise jurisdiction with respect to eggs and egg products for the purpose of preventing the distribution for human food purposes of any such articles which are outside of such a plant and are in violation of any of said Federal Acts or any State or local law consistent therewith. Otherwise the provisions of this chapter shall not invalidate any law or other provisions of any State or other jurisdiction in the absence of a conflict with this chapter. (c) Applicability of other Federal laws and au- thority of other Federal officials relating to eggs, egg products, or other food products unaffected; authority of Secretary of Agri- culture to regulate official plants processing egg products The provisions of this chapter shall not affect the applicability of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.] or other Federal laws to eggs, egg products, or other food products or diminish any author- ity conferred on the Secretary of Health and Human Services or other Federal officials by such other laws, except that the Secretary of Agriculture shall have exclusive jurisdiction to regulate official plants processing egg products and operations thereof as to all matters within the scope of this chapter. (d) Detainer authority The detainer authority conferred on represent- atives of the Secretary of Agriculture by section 1048 of this title shall also apply to any author- ized representative of the Secretary of Health and Human Services for the purposes of section 1034(d) of this title, with respect to any eggs or egg products that are outside any plant proc- essing egg products. (Pub. L. 91–597, § 23, Dec. 29, 1970, 84 Stat. 1632; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–237, title X, § 1012(g), Dec. 13, 1991, 105 Stat. 1901.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), 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. The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b) and (c), 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 Fair Packaging and Labeling Act, referred to in subsecs. (b) and (c), 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 classification of this Act to the Code, see Short Title note set out under section 1451 of Title 15 and Tables. AMENDMENTS 1991—Subsec. (b). Pub. L. 102–237 substituted ‘‘(2) with respect to egg handlers specified in paragraphs (1) and (2) of section 1034(e) of this title, no State or local juris- diction may impose temperature requirements per- taining to eggs packaged for the ultimate consumer which are in addition to, or different from, Federal re- quirements, and (3)’’ for ‘‘and (2)’’. 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 subsecs. (c) and (d) 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. § 1053. Inspection and administration costs (a) Overtime and holiday work costs; availability of funds The cost of inspection rendered under the re- quirements of this chapter, and other costs of administration of this chapter, shall be borne by the United States, except that the cost of over- time and holiday work performed in official plants subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such official plants. Sums re- ceived by the Secretary from official plants under this section shall be available without fis- cal year limitation to carry out the purposes of this chapter. (b) ‘‘Holiday’’ defined The term ‘‘holiday’’ for the purposes of assess- ment or reimbursement of the cost of inspection performed under this chapter, the Wholesome Poultry Products Act [21 U.S.C. 467a et seq.] and the Wholesome Meat Act [21 U.S.C. 601 et seq.] shall mean the legal public holidays specified by the Congress in section 6103(a) of title 5. (Pub. L. 91–597, § 24, Dec. 29, 1970, 84 Stat. 1633.) 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 Wholesome Poultry Products Act, referred to in subsec. (b), is Pub. L. 90–492, Aug. 18, 1968, 82 Stat. 791, which enacted sections 467a to 467f and 470 of this title, amended sections 451 to 461, 463 to 465, and 467 of this title, and enacted provisions set out as notes under sec- tion 451 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 451 of this title and Tables. The Wholesome Meat Act, referred to in subsec. (b), is Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, which en- acted sections 601, 602, 624, 641 to 645, 661, 671 to 680, and 691 of this title, amended sections 603 to 623 of this title, repealed section 96 of this title and section 1306(b) of Title 19, Customs Duties, and enacted provisions set Page 925 TITLE 21—FOOD AND DRUGS § 1056 1 So in original. No subsec. (b) has been enacted. out as notes under section 601 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Ta- bles. 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. § 1054. Annual report to Congressional commit- tees (a) 1 Not later than March 1 of each year fol- lowing 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 Sen- ate a comprehensive and detailed written report with respect to— (1) the processing, storage, handling, and dis- tribution 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 pro- grams; and recommendations for legislation to improve such program; and (2) the administration of section 1046 of this title (relating to imports) during the imme- diately preceding calendar year, including but not limited to— (A) a certification by the Secretary that foreign plants exporting eggs or egg prod- ucts to the United States have complied with requirements of this chapter and regu- lations issued thereunder; (B) the names and locations of plants au- thorized 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 cal- endar 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 li- censed by each country from which any im- ports were received and that were assigned, during the calendar year concerned, to in- spect such imports and the facilities in which such imports were handled; and the frequency and effectiveness of such inspec- tions; (E) the total volume of eggs and egg prod- ucts which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major cat- egory of such imports from each country during such year, and a detailed report of re- jections of plants and products because of failure to meet appropriate standards pre- scribed by this chapter; and (F) recommendations for legislation to im- prove such program. (Pub. L. 91–597, § 26, Dec. 29, 1970, 84 Stat. 1634; Pub. L. 103–437, § 8(4), Nov. 2, 1994, 108 Stat. 4588.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), (2)(A), (E), was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified prin- cipally 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. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Agriculture, Nutri- tion, and Forestry’’ for ‘‘Agriculture and Forestry’’ in introductory provisions. 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. § 1055. Authorization of appropriations Such sums as are necessary to carry out the provisions of this chapter are hereby authorized to be appropriated. (Pub. L. 91–597, § 27, Dec. 29, 1970, 84 Stat. 1635.) 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. 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. § 1056. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Pub. L. 91–597, § 28, Dec. 29, 1970, 84 Stat. 1635.) 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. 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. CHAPTER 16—DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION SUBCHAPTER I—GENERAL PROVISIONS Sec. 1101. Congressional findings.