21 U.S.C. § 1031 — Congressional statement of findings

Page 911 TITLE 21—FOOD AND DRUGS § 1031 CHAPTER 14—ALCOHOL AND DRUG ABUSE EDUCATIONAL PROGRAMS AND ACTIVITIES §§ 1001 to 1007. Repealed. Pub. L. 97–35, title V, § 587(a)(3), Aug. 13, 1981, 95 Stat. 480 Section 1001, Pub. L. 91–527, § 2, Dec. 3, 1970, 84 Stat. 1385; Pub. L. 93–422, § 2(b), Sept. 21, 1974, 88 Stat. 1154; Pub. L. 95–336, § 2, Aug. 4, 1978, 92 Stat. 451, set forth Congressional declaration of purpose for Alcohol and Drug Abuse Education Act. Section 1002, Pub. L. 91–527, § 3, Dec. 3, 1970, 84 Stat. 1386; Pub. L. 93–422, § 2(c), Sept. 21, 1974, 88 Stat. 1155; Pub. L. 95–336, §§ 3, 4, Aug. 4, 1978, 92 Stat. 451, 452; S. Res. 30, Mar. 7, 1979; Pub. L. 96–88, title III, § 301(a)(1), (2)(Q), (b)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, set forth grant and contract authority, etc., for projects and programs. Section 1003, Pub. L. 91–527, § 4, Dec. 3, 1970, 84 Stat. 1387; Pub. L. 93–422, § 2(d), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to recordkeeping require- ments, and access to and inspection of records. Section 1004, Pub. L. 91–527, § 5, Dec. 3, 1970, 84 Stat. 1388; Pub. L. 93–422, § 2(e), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 96–88, title V, § 508(i), Oct. 17, 1979, 93 Stat. 693, related to technical assistance to local agencies, etc. Section 1005, Pub. L. 91–527, § 6, Dec. 3, 1970, 84 Stat. 1388, related to nature of payments. Section 1006, Pub. L. 91–527, § 7, Dec. 3, 1970, 84 Stat. 1388, related to utilization of services and facilities of Federal agencies and public and private agencies and institutions. Section 1007, Pub. L. 91–527, § 8, Dec. 3, 1970, 84 Stat. 1388; Pub. L. 93–422, § 2(f), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 95–336, § 5, Aug. 4, 1978, 92 Stat. 453; Pub. L. 96–88, title III, § 301(a)(1), (2)(Q), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, defined ‘‘Secretary’’ and ‘‘State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 587(a) of Pub. L. 97–35, set out as section 3863(a) of Title 20, Edu- cation. CHAPTER 15—EGG PRODUCTS INSPECTION Sec. 1031. Congressional statement of findings. 1032. Congressional declaration of policy. 1033. Definitions. 1034. Inspection of egg products. 1035. Sanitary operating practices in official plants. 1036. Pasteurization and labeling of egg products at official plants. 1037. Prohibited acts. 1038. Cooperation with appropriate State and other governmental agencies; utilization of em- ployees; reimbursement. 1039. Eggs and egg products not intended for use as human food; inspection; denaturing or oth- erwise identifying. 1040. Recordkeeping requirements; persons re- quired to maintain records; scope of disclo- sure; access to records. 1041. Enforcement provisions. 1042. Reporting of violation to United States attor- ney for institution of criminal proceedings; procedure; presentation of views. 1043. Rules and regulations; administration and en- forcement. 1044. Exemption of certain activities. 1045. Limitation on entry of eggs and egg products and other materials into official plants. 1046. Imports. 1047. Refusal or withdrawal of inspection services; hearing; grounds; person deemed to have re- sponsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaffected. Sec. 1048. Administrative detention of violative arti- cles; duration; release; removal of official marks. 1049. Seizure and condemnation proceedings. 1050. Jurisdiction of district courts; United States as plaintiff in enforcement and restraining proceedings; subpenas for witnesses. 1051. Other Federal laws applicable for administra- tion and enforcement of chapter; prosecu- tion of inquiries; exercise of jurisdiction. 1052. State or local regulation. 1053. Inspection and administration costs. 1054. Annual report to Congressional committees. 1055. Authorization of appropriations. 1056. Separability. § 1031. Congressional statement of findings Eggs and egg products are an important source of the Nation’s total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign com- merce. It is essential, in the public interest, that the health and welfare of consumers be pro- tected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products con- sumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulter- ated, or improperly labeled or packaged egg products and certain qualities of eggs is inju- rious to the public welfare and destroys markets for wholesome, not adulterated, and properly la- beled and packaged eggs and egg products and results in sundry losses to producers and proc- essors, as well as injury to consumers. Unwhole- some, otherwise adulterated, or improperly la- beled or packaged products can be sold at lower prices and compete unfairly with the whole- some, not adulterated, and properly labeled and packaged products, to the detriment of con- sumers and the public generally. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in interstate or foreign commerce, or sub- stantially affect such commerce, and that regu- lation by the Secretary of Agriculture and the Secretary of Health and Human Services, and cooperation by the States and other jurisdic- tions, as contemplated by this chapter, are ap- propriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers. (Pub. L. 91–597, § 2, Dec. 29, 1970, 84 Stat. 1620; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- Page 912 TITLE 21—FOOD AND DRUGS § 1032 fare’’ in text pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE Pub. L. 91–597, § 29, Dec. 29, 1970, 84 Stat. 1635, provided that: ‘‘The provisions of this Act [enacting this chap- ter, amending sections 633 and 636 of Title 15, Com- merce and Trade, and enacting provisions set out as notes under this section] with respect to egg products shall take effect six months after enactment [Dec. 29, 1970]. Otherwise, this Act shall take effect eighteen months after enactment.’’ SHORT TITLE Pub. L. 91–597, § 1, Dec. 29, 1970, 84 Stat. 1620, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 633 and 636 of Title 15, Commerce and Trade, and enacting provisions set as notes under this section] may be cited as the ‘Egg Products Inspection Act’.’’ MAINTENANCE OF EGGS AT PROPER TEMPERATURE Pub. L. 102–237, title X, § 1012(a), Dec. 13, 1991, 105 Stat. 1899, provided that: ‘‘(1) FINDINGS.—Congress finds that— ‘‘(A) food borne illness is a serious health problem; ‘‘(B) its incidence can be reduced through proper handling of food; and ‘‘(C) eggs are perishable and therefore are particu- larly susceptible to supporting microbial growth if proper temperature controls are not maintained. ‘‘(2) PURPOSES.—It is the purpose of this section [amending sections 1034, 1037, 1041, 1042, 1046, and 1052 of this title and enacting provisions set out as a note under section 1034 of this title] to prescribe the tem- perature at which eggs are maintained in order to re- duce the potential for harmful microbial growth to pro- tect the health and welfare of consumers.’’ § 1032. Congressional declaration of policy It is hereby declared to be the policy of the Congress to provide for the inspection of certain egg products, restrictions upon the disposition of certain qualities of eggs, and uniformity of standards for eggs, and otherwise regulate the processing and distribution of eggs and egg prod- ucts as hereinafter prescribed to prevent the movement or sale for human food, of eggs and egg products which are adulterated or mis- branded or otherwise in violation of this chap- ter. (Pub. L. 91–597, § 3, Dec. 29, 1970, 84 Stat. 1621.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Statutory Notes and Related Subsidiaries 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. § 1033. Definitions For purposes of this chapter— (a) The term ‘‘adulterated’’ applies to any egg or egg product under one or more of the fol- lowing circumstances— (1) if it bears or contains any poisonous or deleterious substance which may render it in- jurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; (2)(A) if it bears or contains any added poi- sonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; (B) if it is, in whole or in part, a raw agricul- tural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 346a of this title; (C) if it bears or contains any food additive which is unsafe within the meaning of section 348 of this title; (D) if it bears or contains any color additive which is unsafe within the meaning of section 379e of this title: Provided, That an article which is not otherwise deemed adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive, in or on such article, is prohibited by regulations of the Secretary in official plants; (3) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human food; (4) if it has been prepared, packaged, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (5) if it is an egg which has been subjected to incubation or the product of any egg which has been subjected to incubation; (6) if its container is composed, in whole or in part, of any poisonous or deleterious sub- stance which may render the contents inju- rious to health; (7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 348 of this title; or (8) if any valuable constituent has been in whole or in part omitted or abstracted there- from; or if any substance has been substituted, wholly or in part therefor; or if damage or in- feriority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of great- er value than it is. (b) The term ‘‘capable of use as human food’’ shall apply to any egg or egg product, unless it is denatured, or otherwise identified, as required by regulations prescribed by the Secretary to deter its use as human food. (c) The term ‘‘commerce’’ means interstate, foreign, or intrastate commerce. (d) The term ‘‘container’’ or ‘‘package’’ in- cludes any box, can, tin, plastic, or other recep- tacle, wrapper, or cover.