U.S Code last checked for updates: Oct 16, 2024
§ 1034.
Inspection of egg products
(a)
Processing operations and establishments subject to coverage; rules and regulations
(b)
Authority of Secretary to retain, segregate, and reinspect eggs and egg products
(c)
Condemnation of adulterated products; destruction or reprocessing; procedure upon appeal from determination of adulteration
(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
(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.
(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.)
cite as: 21 USC 1034