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

Summary

Egg products that pass inspection at an official plant must be pasteurized before they leave the plant, unless the Secretary allows an exception. When the products are shipped, their containers must clearly show the official inspection mark and the plant’s official number, and any other information the Secretary requires so the products are described correctly and are not misleading. Labels and containers used at official plants must not be false or misleading and must follow the Secretary’s approval rules. If the Secretary thinks a label or container is misleading, they can order it not used until it is changed. The user can ask for a hearing, but use may be stopped during the hearing if the Secretary so directs. A person hurt by the Secretary’s final decision has 30 days to appeal to the U.S. court of appeals for their circuit or to the D.C. Circuit, under the rules of 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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