§1052 State or Local Regulation

Summary

Federal rules stop states and cities from making extra or different rules for the buildings, equipment, or day-to-day work at official egg-processing plants. They can, however, require recordkeeping and similar things if those fit with section 1040. For eggs that move between states or from other countries, states and localities cannot demand extra or different standards for quality, condition, weight, quantity, or grade. They also cannot set different temperature rules for certain egg handlers named in section 1034(e)(1) and (2) for eggs packaged for consumers. Except in parts of the United States that are not connected to the mainland, states may not force labels to show the State or place of origin, though a state may require the processor’s name, address, and license number on each container. States and localities may not add labeling, packaging, or ingredient rules for egg products made at official plants that meet federal rules, but they may stop the sale of eggs or egg products found outside a plant if those items break federal law or state law that agrees with federal law. Federal food laws like the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act still apply to eggs and egg products and keep the powers of federal officials such as the Secretary of Health and Human Services. The Secretary of Agriculture, however, has sole authority over official plants that process egg products for the matters covered by this chapter. The power to detain under section 1048 that Agriculture representatives have also applies to authorized Health and Human Services representatives for enforcing section 1034(d) when eggs or egg products are outside a processing plant.