21 U.S.C. § 1037 — Prohibited acts

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 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 prepara- tion of human food for commerce except that such eggs may be so possessed and used when au- thorized 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 trans- portation, in commerce any egg products re- quired 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. (3) No operator of any official plant shall fail to comply with any requirements of section 1035(a) of this title or the regulations there- under. (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 refrigera- tion at an ambient temperature of no greater than 45 degrees Fahrenheit, as prescribed by rules and regulations promulgated by the Sec- retary. (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 of- ficial 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 Sec- retary, use any official device, mark, or cer- tificate, or simulation thereof, or detach, de- face, 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 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 certifi- cate; (5) knowingly possess, without promptly no- tifying the Secretary or his representative, any official device or any counterfeit, simu- lated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products bearing any counterfeit, simu- lated, 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 regu- lations prescribed by the Secretary; (7) knowingly represent that any article has been inspected or exempted, under this chap- ter, 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 Agri- culture or the Secretary of Health and Human Services, to any plant or other place of busi- ness subject to inspection under any provi- sions 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 gov- ernment in their official capacity, or as ordered by a court in a judicial proceeding, any informa- tion acquired under the authority of this chap- ter concerning any matter which is entitled to protection as a trade secret. (Pub. L. 91–597, § 8, Dec. 29, 1970, 84 Stat. 1626; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–237, title X, § 1012(c), Dec. 13, 1991, 105 Stat. 1899.) Page 917 TITLE 21—FOOD AND DRUGS § 1040 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (2), (e)(7), (8), and (f), was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. AMENDMENTS 1991—Subsecs. (c) to (f). Pub. L. 102–237 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. 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 subsec. (e)(8) 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. § 1038. Cooperation with appropriate State and other governmental agencies; utilization of employees; reimbursement The Secretary shall, whenever he determines that it would effectuate the purposes of this chapter, cooperate with appropriate State and other governmental agencies, in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any such agency commissioned by him for such purpose. The Secretary shall reimburse the States and other agencies for the costs incurred by them in such cooperative programs. (Pub. L. 91–597, § 9, Dec. 29, 1970, 84 Stat. 1627.) 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. § 1039. Eggs and egg products not intended for use as human food; inspection; denaturing or otherwise identifying Inspection shall not be provided under this chapter at any plant for the processing of any egg products which are not intended for use as human food, but such articles, prior to their offer for sale or transportation in commerce, shall be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, or transport or offer to buy or sell, or offer or receive for transportation, in commerce, any restricted eggs or egg products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary. (Pub. L. 91–597, § 10, Dec. 29, 1970, 84 Stat. 1627.) 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. § 1040. Recordkeeping requirements; persons re- quired to maintain records; scope of disclo- sure; access to records 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 ar- ticles 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 rep- resentative of either of said Secretaries, permit him at reasonable times to have access to and to copy all such records. (Pub. L. 91–597, § 11, Dec. 29, 1970, 84 Stat. 1627; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) 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 CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation.