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U.S. Code as of:
01/19/04
Section 1034. Inspection of egg products
(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. 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 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,
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, 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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