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U.S. Code as of:
01/19/04
Section 1037. Prohibited acts
(a)(1) No person shall buy, sell, or transport, or offer to buy
or sell, or offer or receive for transportation, in any business in
commerce any restricted eggs, capable of use as human food, except
as authorized 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.
(2) No egg handler shall possess with intent to use, or use, any
restricted eggs in the preparation of human food for commerce
except that such eggs may be so possessed and used when authorized
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 transportation, in commerce any egg
products required 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 thereunder.
(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
refrigeration at an ambient temperature of no greater than 45
degrees Fahrenheit, as prescribed by rules and regulations
promulgated by the Secretary.
(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 official 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 Secretary, use any official
device, mark, or certificate, or simulation thereof, or detach,
deface, 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 certificate;
(5) knowingly possess, without promptly notifying the Secretary
or his representative, any official device or any counterfeit,
simulated, forged, or improperly altered official certificate or
any device or label, or any eggs or egg products bearing any
counterfeit, simulated, 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 regulations prescribed by the Secretary;
(7) knowingly represent that any article has been inspected or
exempted, under this chapter, 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 Agriculture or the Secretary
of Health and Human Services, to any plant or other place of
business subject to inspection under any provisions 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 government in their official capacity, or as
ordered by a court in a judicial proceeding, any information
acquired under the authority of this chapter concerning any matter
which is entitled to protection as a trade secret.
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