§1036 — Title 21 Food and Drugs | U.S. Code

Summary

Egg products that pass inspection at official plants must be pasteurized before they leave the plant, unless the Secretary allows an exception. When they leave, their shipping or immediate containers must clearly show the official inspection mark, the plant’s official number, and any other information the Secretary requires so the product is described correctly and not misleading. Labels and containers used at official plants must be truthful and approved under the Secretary’s rules. If the Secretary thinks a label or container is false or misleading, the Secretary can order it not to be used unless it is changed. The user can ask for a hearing, but the Secretary may keep the label or container out of use while the hearing and final decision happen. If unhappy with the final decision, the person must appeal within 30 days to the U.S. Court of Appeals for the federal circuit where their main business is located or to the D.C. Circuit. Appeals follow the rules in section 194 of title 7.

Title 21, §1036

Food and Drugs — Source: USLM XML via OLRC

(a)Egg products inspected at any official plant under the authority of this chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the Secretary, and shall at the time they leave the official plant, bear in distinctly legible form on their shipping containers or immediate containers, or both, when required by regulations of the Secretary, the official inspection legend and official plant number, of the plant where the products were processed, and such other information as the Secretary may require by regulations to describe the products adequately and to assure that they will not have false or misleading labeling.

(b)No labeling or container shall be used for egg products at official plants if it is false or misleading or has not been approved as required by the regulations of the Secretary. If the Secretary has reason to believe that any labeling or the size or form of any container in use or proposed for use with respect to egg products at any official plant is false or misleading in any particular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the labeling or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States court of appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7,11 So in original. The comma probably should not appear. shall be applicable to appeals taken under this section.

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This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 1031 of this title and Tables.

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For

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of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.

§1036 Pasteurization and labeling of egg products at official plants

Summary

Title 21, §1036

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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