21 U.S.C. § 1046 — Imports

Page 920 TITLE 21—FOOD AND DRUGS § 1045 1 So in original. Probably should be ‘‘subsection (a)(2) or (6)’’. consumer exclusively for use by such con- sumer 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 house- hold and his nonpaying guests and employees, and the egg products so processed when han- dled in accordance with this paragraph; (5) the sale of eggs by shell egg packers on his own premises directly to household con- sumers 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 operations under this chapter as the Secretary deter- mines that it is impracticable to provide in- spection, the processing of egg products at any class of plants and the egg products processed at such plants; and (7) the sale of eggs by any egg producer with an annual egg production from a flock of three thousand or less hens. (b) Plants located in noncontiguous areas of United States The Secretary shall, by regulation and under such procedures as he may prescribe, exempt any plant located within noncontiguous areas of the United States from specific provisions of this chapter, where, despite good faith efforts by the owner of such plant, such owner has not been able to bring his plant into full compliance with this chapter: Provided, That in order to pro- vide at least minimum standards for the protec- tion of the public health, whenever processing operations are being conducted at any such plant, continuous inspection shall be main- tained to assure that it is operated in a sanitary manner. No exemption under this subsection shall be granted for a period extending beyond December 31, 1971. (c) Suspension or termination of exemptions The Secretary may immediately suspend or terminate any exemption under paragraph (a)(2) or (6) 1 of this section at any time with respect to any person, if the conditions of exemption prescribed by this section or the regulations of the Secretary are not being met. The Secretary may modify or revoke any regulation granting exemption under this chapter whenever he deems such action appropriate to effectuate the purposes of this chapter. (Pub. L. 91–597, § 15, Dec. 29, 1970, 84 Stat. 1629; Pub. L. 92–67, Aug. 6, 1971, 85 Stat. 173.) 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. AMENDMENTS 1971—Subsecs. (b), (c). Pub. L. 92–67 added subsec. (b) and redesignated former subsec. (b) as (c). 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. § 1045. Limitation on entry of eggs and egg prod- ucts and other materials into official plants The Secretary may limit the entry of eggs and egg products and other materials into official plants under such conditions as he may pre- scribe to assure that allowing the entry of such articles into such plants will be consistent with the purposes of this chapter. (Pub. L. 91–597, § 16, Dec. 29, 1970, 84 Stat. 1630.) 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. § 1046. Imports (a) Authorization for importation of restricted eggs; prerequisites for importation of egg products; treatment as domestic articles sub- ject to this chapter; marking and labeling ex- emption 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 Sec- retary. (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 accord- ance with, and otherwise comply with the stand- ards of this chapter and regulations issued thereunder applicable to such articles within the United States. (3) No eggs packed into a container that is des- tined for the ultimate consumer shall be im- ported 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 ambi- ent temperature of no greater than 45 degrees Fahrenheit, as required by sections 1034(e) and 1037(c) of this title. Page 921 TITLE 21—FOOD AND DRUGS § 1047 (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 la- beled as required by such regulations for im- ported articles: Provided further, That nothing in this section shall apply to eggs or egg products purchased outside the United States by any indi- vidual for consumption by him and members of his household and his nonpaying guests and em- ployees. (b) Terms and conditions for destruction The Secretary may prescribe the terms and conditions for the destruction of all such arti- cles which are imported contrary to this sec- tion, unless (1) they are exported by the con- signee within the time fixed therefor by the Sec- retary or (2) in the case of articles which are not in compliance solely because of misbranding, such articles are brought into compliance with this chapter under supervision of authorized rep- resentatives of the Secretary. (c) Payment of storage, cartage, and labor charges by owner or consignee; liens All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such pay- ment shall constitute a lien against such article and any other article thereafter imported under this chapter by or for such owner or consignee. (d) Prohibition The importation of any article contrary to this section is prohibited. (Pub. L. 91–597, § 17, Dec. 29, 1970, 84 Stat. 1630; Pub. L. 102–237, title X, § 1012(f), 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. AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 designated first sen- tence as par. (1) and second sentence as par. (2), added par. (3), and designated third sentence as par. (4). Statutory Notes and Related Subsidiaries 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. § 1047. Refusal or withdrawal of inspection serv- ices; hearing; grounds; person deemed to have responsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaf- fected The Secretary (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) may refuse to provide or may withdraw inspection service under this chapter with respect to any plant if he determines, after opportunity for a hearing is accorded to the ap- plicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the appli- cant or recipient has been convicted in any Fed- eral or State court, within the previous ten years, of (1) any felony or more than one mis- demeanor under any law based upon the acquir- ing, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food, or (2) any felony, involving fraud, bribery, extor- tion, or any other act or circumstances indi- cating a lack of the integrity needed for the con- duct of operations affecting the public health. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock, or employee in a managerial or ex- ecutive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected appli- cant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States court of appeals for the circuit in which such applicant or recipient has its prin- cipal place of business or in the United States Court of Appeals for the District of Columbia Circuit. Judicial review of any such order shall be upon the record upon which the determina- tion and order are based. The provisions of sec- tion 194 of title 7 shall be applicable to appeals taken under this section. This section shall not affect in any way other provisions of this chapter for refusal of inspec- tion services. (Pub. L. 91–597, § 18, Dec. 29, 1970, 84 Stat. 1630.) 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.