§1052 State or Local Regulation

Summary

States and local governments may not make their own rules that add to or conflict with federal rules about the buildings, equipment, or how official egg-processing plants operate. They can require recordkeeping and similar things if those match section 1040. For eggs that move between states or countries, states and localities cannot set extra or different standards for quality, condition, weight, quantity, or grade. They also cannot set different temperature rules for eggs packed for consumers for the handlers listed in paragraphs (1) and (2) of section 1034(e). Except for noncontiguous U.S. areas, states may not force labels to show the place of production. States may require the processor or packer’s name, address, and license number on each container. States and localities may not impose extra labeling, packaging, or ingredient rules beyond this chapter, the Federal Food, Drug, and Cosmetic Act, and the Fair Packaging and Labeling Act for egg products from official plants. They may, however, stop the sale of eggs or egg products outside a plant that violate those federal laws or matching state laws. Federal food laws still apply, the Secretary of Agriculture alone oversees official egg-processing plants under this chapter, and the detainer power in section 1048 also applies to authorized HHS representatives for eggs outside processing plants under section 1034(d).