§1052 State or local regulation

Summary

States and local governments cannot make rules that add to or conflict with the federal rules about official egg plants’ buildings, equipment, or operations. They may require recordkeeping and similar rules only if those rules match section 1040. For eggs that move between states or countries, state or local governments may not set extra standards for quality, weight, quantity, grade, or different temperature rules for certain handlers packing eggs for consumers. Except in noncontiguous areas of the United States, they also may not require labels showing the State or region of origin, although a State can require the processor’s or packer’s name, address, and license number on each container. States also may not add different labeling, packaging, or ingredient rules for egg products made at official plants that meet this chapter and the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act. However, states may stop eggs or egg products outside a plant from being sold for food if they violate those federal laws or state laws that agree with them. Otherwise, this chapter does not cancel state laws unless they conflict with it. This chapter does not change how the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or other federal laws apply to eggs or egg products, and it does not reduce the powers of the Secretary of Health and Human Services. The Secretary of Agriculture has exclusive authority over official plants that process egg products and their operations for matters covered by this chapter. The authority given to Agriculture representatives in section 1048 to detain products also applies to authorized Health and Human Services representatives for purposes of section 1034(d) when dealing with eggs or egg products outside processing plants.