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U.S. Code as of:
01/19/04
Section 1052. State or local regulation
(a) Prohibition against additional or different requirements than
Federal requirements relating to premises, facilities, and
operations at official plants; authority to impose recordkeeping
and related requirements consistent with Federal requirements
Requirements within the scope of this chapter with respect to
premises, facilities, and operations of any official plant which
are in addition to or different than those made under this chapter
may not be imposed by any State or local jurisdiction except that
any such jurisdiction may impose recordkeeping and other
requirements within the scope of section 1040 of this title, if
consistent therewith, with respect to any such plant.
(b) Prohibition against additional or different standards than
Federal standards of quality, etc., or requiring labeling to show
area of production or origin; authority to require name, address,
and license number of processor or packer on containers;
prohibition against additional or different requirements than
Federal requirements relating to labeling, packaging or
ingredients; authority to prevent distribution of violative
articles; validity of nonconflicting laws
For eggs which have moved or are moving in interstate or foreign
commerce, (1) no State or local jurisdiction may require the use of
standards of quality, condition, weight, quantity, or grade which
are in addition to or different from the official Federal
standards, (2) with respect to egg handlers specified in paragraphs
(1) and (2) of section 1034(e) of this title, no State or local
jurisdiction may impose temperature requirements pertaining to eggs
packaged for the ultimate consumer which are in addition to, or
different from, Federal requirements, and (3) no State or local
jurisdiction other than those in noncontiguous areas of the United
States may require labeling to show the State or other geographical
area of production or origin: Provided, however, That this shall
not preclude a State from requiring that the name, address, and
license number of the person processing or packaging eggs, be shown
on each container. Labeling, packaging, or ingredient requirements,
in addition to or different than those made under this chapter, the
Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] and
the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.], may
not be imposed by any State or local jurisdiction, with respect to
egg products processed at any official plant in accordance with the
requirements under this chapter and such Acts. However, any State
or local jurisdiction may exercise jurisdiction with respect to
eggs and egg products for the purpose of preventing the
distribution for human food purposes of any such articles which are
outside of such a plant and are in violation of any of said Federal
Acts or any State or local law consistent therewith. Otherwise the
provisions of this chapter shall not invalidate any law or other
provisions of any State or other jurisdiction in the absence of a
conflict with this chapter.
(c) Applicability of other Federal laws and authority of other
Federal officials relating to eggs, egg products, or other food
products unaffected; authority of Secretary of Agriculture to
regulate official plants processing egg products
The provisions of this chapter shall not affect the applicability
of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]
or the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.] or
other Federal laws to eggs, egg products, or other food products or
diminish any authority conferred on the Secretary of Health and
Human Services or other Federal officials by such other laws,
except that the Secretary of Agriculture shall have exclusive
jurisdiction to regulate official plants processing egg products
and operations thereof as to all matters within the scope of this
chapter.
(d) Detainer authority
The detainer authority conferred on representatives of the
Secretary of Agriculture by section 1048 of this title shall also
apply to any authorized representative of the Secretary of Health
and Human Services for the purposes of section 1034(d) of this
title, with respect to any eggs or egg products that are outside
any plant processing egg products.
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