Title 21Food and DrugsRelease 119-73

§1044 Exemption of certain activities

Title 21 › Chapter CHAPTER 15— - EGG PRODUCTS INSPECTION › § 1044

Last updated Apr 6, 2026|Official source

Summary

The Secretary may create rules that let certain egg sales, handling, and processing skip parts of this law if specific conditions are met. Exemptions can cover eggs that meet U.S. consumer grade limits for restricted eggs, egg processing at plants that meet sanitary standards and use such eggs, direct sales or processing by poultry producers for household use and their nonpaying guests and employees, sales by packers on their premises to household buyers, short start-up relief for processing plants (not more than two years), and producers with flocks of 3,000 hens or fewer. Plants in noncontiguous U.S. areas can be exempted if the owner tried but could not comply, but continuous inspection must be kept during processing. No exemption under that rule can extend past December 31, 1971. The Secretary can immediately suspend or end processing-related exemptions if the required conditions are not met, and can change or cancel any exemption rule when needed to carry out the chapter.

Full Legal Text

Title 21, §1044

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary may, by regulation and under such conditions and procedures as he may prescribe, exempt from specific provisions of this chapter—
(1)the sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the tolerance in the official standards of United States consumer grades for shell eggs;
(2)the processing of egg products at any plant where the facilities and operating procedures meet such sanitary standards as may be prescribed by the Secretary, and where the eggs received or used in the manufacture of egg products contain no more restricted eggs than are allowed by the official standards of United States consumer grades for shell eggs, and the egg products processed at such plant;
(3)the sale of eggs by any poultry producer from his own flocks directly to a household consumer exclusively for use by such consumer and members of his household and his nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this paragraph;
(4)the processing of egg products by any poultry producer from eggs of his own flocks’ production for sale of such products directly to a household consumer exclusively for use by such consumer and members of his household and his nonpaying guests and employees, and the egg products so processed when handled in accordance with this paragraph;
(5)the sale of eggs by shell egg packers on his own premises directly to household consumers for use by such consumer and members of his household and his nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this paragraph;
(6)for such period of time (not to exceed two years) during the initiation of operations under this chapter as the Secretary determines that it is impracticable to provide inspection, the processing of egg products at any class of plants and the egg products processed at such plants; and
(7)the sale of eggs by any egg producer with an annual egg production from a flock of three thousand or less hens.
(b)The Secretary shall, by regulation and under such procedures as he may prescribe, exempt any plant located within noncontiguous areas of the United States from specific provisions of this chapter, where, despite good faith efforts by the owner of such plant, such owner has not been able to bring his plant into full compliance with this chapter: Provided, That in order to provide at least minimum standards for the protection of the public health, whenever processing operations are being conducted at any such plant, continuous inspection shall be maintained to assure that it is operated in a sanitary manner. No exemption under this subsection shall be granted for a period extending beyond December 31, 1971.
(c)The Secretary may immediately suspend or terminate any exemption under paragraph (a)(2) or (6) 11 So in original. Probably should be “subsection (a)(2) or (6)”. of this section at any time with respect to any person, if the conditions of exemption prescribed by this section or the regulations of the Secretary are not being met. The Secretary may modify or revoke any regulation granting exemption under this chapter whenever he deems such action appropriate to effectuate the purposes of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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

Short Title

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

Amendments

1971—Subsecs. (b), (c). Pub. L. 92–67 added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

For

Effective Date

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

Reference

Citations & Metadata

Citation

21 U.S.C. § 1044

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73