§1034 Inspection of Egg Products

Summary

Requires that plants processing egg products be inspected continuously while they are operating, unless they are exempt under section 1044. If a restaurant, institution, or food maker uses eggs that do not meet the rules in section 1044(a)(1), that part of their work is treated like an egg-processing plant. The Secretary can hold back, separate, and recheck eggs and egg products in official plants when needed. Eggs or egg products found to be unsafe or contaminated must be rejected and, if no appeal is made, destroyed under an inspector’s watch. If the product can be made safe by reprocessing, it may be reworked under inspector supervision and kept if then safe. If someone appeals, the eggs are marked and kept apart until an appeal inspection. If the appeal is frivolous, the person appealing may have to pay the appeal cost. If the rejection is kept, the eggs are destroyed under inspection. The Secretary also inspects business sites, facilities, inventory, operations, and records of egg handlers as needed to make sure only eggs fit for people are used. Shell-egg packers who pack eggs for the consumer must be inspected at least once each calendar quarter. The Secretary of Health and Human Services inspects food manufacturers, institutions, and restaurants (not plants) for these rules. Inspectors may enter businesses and transport vehicles to do these checks. The Secretary checks that shell eggs for consumers are kept at 45 degrees Fahrenheit or colder after packing and that labels say refrigeration is required. The refrigeration check is not required for handlers with a flock of not more than 3,000 layers.