21 U.S.C. § 1035 — Sanitary operating practices in official

Page 915 TITLE 21—FOOD AND DRUGS § 1036 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 de- grees Fahrenheit after packing; and (B) contain labeling that indicates that re- frigeration 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 quar- ter. (3) The Secretary of Health and Human Serv- ices 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, insti- tutions, 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 vehi- cle, for purposes of making an inspection re- quired under this subsection. (Pub. L. 91–597, § 5, Dec. 29, 1970, 84 Stat. 1624; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–237, title X, § 1012(b), Dec. 13, 1991, 105 Stat. 1899.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (d), 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. (e). Pub. L. 102–237 added subsec. (e). 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. (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 Pub. L. 102–237, title X, § 1012(h), Dec. 13, 1991, 105 Stat. 1901, provided that: ‘‘This section and the amend- ments made by this section [amending this section and sections 1037, 1041, 1042, 1046, and 1052 of this title and enacting provisions set out as a note under section 1031 of this title] shall become effective 12 months after the Secretary of Agriculture promulgates final regulations implementing this section and the amendments.’’ [Final regulations were promulgated Aug. 20, 1998, ef- fective Aug. 27, 1999. See 63 F.R. 45663.] 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. § 1035. Sanitary operating practices in official plants (a) Premises, facilities, and equipment Each official plant shall be operated in accord- ance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the Sec- retary to effectuate the purposes of this chapter, including requirements for segregation and dis- position of restricted eggs. (b) Refusal by Secretary to inspect noncon- forming plants The Secretary shall refuse to render inspec- tion to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section. (Pub. L. 91–597, § 6, 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. § 1036. Pasteurization and labeling of egg prod- ucts at official plants (a) Contents of label Egg products inspected at any official plant under the authority of this chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the Secretary, and shall at the time they leave the official plant, bear in distinctly legible form on their shipping containers or immediate containers, or both, when required by regulations of the Secretary, the official inspection legend and official plant number, of the plant where the products were processed, and such other information as the Secretary may require by regulations to de- scribe the products adequately and to assure that they will not have false or misleading la- beling. (b) False or misleading or use of nonapproved la- beling or containers; determination by Sec- retary; procedures applicable; appeal No labeling or container shall be used for egg products at official plants if it is false or mis- leading or has not been approved as required by the regulations of the Secretary. If the Sec- retary has reason to believe that any labeling or the size or form of any container in use or pro- posed for use with respect to egg products at any official plant is false or misleading in any par- ticular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or