Title 21Food and DrugsRelease 119-73not60

§1046 Imports

Title 21 › Chapter 15— EGG PRODUCTS INSPECTION › § 1046

Last updated Apr 5, 2026|Official source

Summary

Restricted eggs that could be used for human food must not be brought into the United States unless the Secretary allows it by regulation. Egg products may only be imported if they were processed under an approved continuous inspection system in the foreign country and meet U.S. packaging, labeling, and quality rules. Eggs packed for sale to consumers must come with a certificate saying they were kept refrigerated at an ambient temperature no higher than 45 degrees Fahrenheit after packaging, as required by sections 1034(e) and 1037(c) of this title. Imported eggs and egg products are treated like U.S. articles and must follow the chapter’s other rules and import labeling. The rule does not apply to eggs or egg products an individual buys abroad for their household and their nonpaying guests or employees. The Secretary can set rules for destroying items imported in violation, unless the consignee exports them within the time the Secretary sets or fixes misbranding under official supervision. The owner or consignee must pay storage, transport, and labor charges; if they don’t, those charges become a lien on the goods and on later imports for that owner. Importing items in violation of these rules is prohibited.

Full Legal Text

Title 21, §1046

Food and Drugs — Source: USLM XML via OLRC

(a)(1)No restricted eggs capable of use as human food shall be imported into the United States except as authorized by regulations of the Secretary.
(2)No egg products capable of use as human food shall be imported into the United States unless they were processed under an approved continuous inspection system of the government of the foreign country of origin or subdivision thereof and are labeled and packaged in accordance with, and otherwise comply with the standards of this chapter and regulations issued thereunder applicable to such articles within the United States.
(3)No eggs packed into a container that is destined for the ultimate consumer shall be imported into the United States unless the eggs are accompanied by a certification that the eggs have at all times after packaging been stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as required by section 1034(e) and 1037(c) of this title.
(4)All such imported articles shall upon entry into the United States be deemed and treated as domestic articles subject to the other provisions of this chapter: Provided, That they shall be labeled as required by such regulations for imported articles: Provided further, That nothing in this section shall apply to eggs or egg products purchased outside the United States by any individual for consumption by him and members of his household and his nonpaying guests and employees.
(b)The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary or (2) in the case of articles which are not in compliance solely because of misbranding, such articles are brought into compliance with this chapter under supervision of authorized representatives of the Secretary.
(c)All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this chapter by or for such owner or consignee.
(d)The importation of any article contrary to this section is prohibited.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (c), 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

1991—Subsec. (a). Pub. L. 102–237 designated first sentence as par. (1) and second sentence as par. (2), added par. (3), and designated third sentence as par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–237 effective 12 months after promulgation of final implementing

Regulations

, see section 1012(h) of Pub. L. 102–237, set out as a note under section 1034 of this title.

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. § 1046

Title 21Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60