§1034 Inspection of egg products

Summary

Require continuous inspection whenever egg products are being processed in plants that make egg products for sale, unless they are exempt. Any food maker, institution, or restaurant that uses eggs that do not meet the rules is treated like a processing plant for those operations. In official plants, the Secretary must hold, separate, and recheck eggs and egg products as needed. Eggs or egg products found to be wrongly labeled or unsafe must be condemned and, if no appeal is taken, destroyed for human food under an inspector’s supervision. If reprocessing can fix the problem, the product may be reprocessed under an inspector and kept if it then passes inspection. If there is an appeal, the items must be marked and kept apart during the appeal; the appellant may have to pay if the appeal is frivolous. The Secretary must also inspect business sites, facilities, inventories, operations, and records as needed to make sure only eggs fit for people are used. Shell egg packers who pack eggs for the final consumer must be inspected at least once each calendar quarter. The Secretary of Health and Human Services handles inspections at food manufacturers, institutions, and restaurants (other than processing plants). Inspectors must be given access to these places. The Secretary may inspect egg handlers’ facilities and transport vehicles to check that shell eggs for the ultimate consumer are kept at an ambient temperature no greater than 45 degrees Fahrenheit after packing and have labeling that says refrigeration is required. The Secretary must inspect shell egg packers packing for the ultimate consumer at least once each calendar quarter. The Secretary of Health and Human Services will inspect these requirements at food manufacturers, institutions, and restaurants, other than plants packing eggs. The Secretary will not make these refrigeration inspections of any egg handler with a flock of not more than 3,000 layers. Representatives of the Secretaries must be allowed access, including to transport vehicles.