§ 1037. Prohibited acts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Egg Products Inspection Act

   Pub. L. 91–597 § 8 · 84 Stat. 1620

   Enacted · 21 U.S.C. § 1037

   Pub. L. 91–597, § 8, Dec. 29, 1970, 84 Stat. 1626

   Source evidence

   Code source credit
   Pub. L. 91–597, § 8, Dec. 29, 1970, 84 Stat. 1626

   Enacted provision · exact public law section
   Sec. 8. prohibited acts (a) (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business in commerce any restricted eggs, capable of use as human food, except as authorized by regulations of the Secretary under such conditions as he may prescribe to assure that only eggs fit for human food are used for such purpose. (2) No egg handler shall possess with intent to use, or use, any restricted eggs in the preparation of human food for commerce except that such eggs may be so possessed and used when authorized by regulations of the Secretary under such conditions as he may prescribe to assure that only eggs fit for human food are used for such purpose. (b) (1) No person shall process any egg products for commerce at any plant except in compliance with the requirements of this Act. (2) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in commerce any egg products required to be inspected under this Act unless they have been so inspected and are labeled and packaged in accordance with the requirements of section 7 of this Act. (3) No operator of any official plant shall fail to comply with any requirements of paragraph (a) of section 6 of this Act or the regulations thereunder. (4) No operator of any official plant shall allow any egg products to be moved from such plant if they are adulterated or misbranded and capable of use as human food. (c) No person shall violate any provision of section 10, 11, or 17 of this Act. (d) No person shall— (1) manufacture, cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary; (2) forge or alter any official device, mark, or certificate; (3) without authorization from the Secretary, use any official device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or mark; or use any labeling or container ordered to be withheld from use under section 7 or this Act after final judicial affirmance of such order or expiration of the time for appeal if no appeal is taken under said section; (4) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; (5) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products bearing any counterfeit, simulated, forged, or improperly altered official mark; (6) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided fox in the regulations prescribed by the Secretary; (7) knowingly represent that any article has been inspected or exempted, under this Act, when, in fact, it has, respectively, not been so inspected or exempted; and (8) refuse access, at any reasonable time, to any representative of the Secretary of Agriculture or the Secretary of Health, Education, and Welfare, to any plant or other place of business subject to inspection under any provisions of this Act. (e) No person, while an official or employee of the United States Government or any State or local governmental agency, or thereafter, shall use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in a judicial proceeding, any information acquired under the authority of this Act concerning any matter which is entitled to protection as a trade secret.

2. 1991

   Pub. L. 102–237 title X § 1012(c) · 105 Stat. 1818

   1. Added · 21 U.S.C. § 1037(c)(f)

      Pub. L. 102–237 added subsec. (c)

   2. Redesignated · 21 U.S.C. § 1037(c)(f)

      Pub. L. 102–237 redesignated former subsecs. (c) to (e) as (d) to (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 102–237 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

   Enacted provision · exact public law section
   (c) Prohibited Acts.— Section 8 of such Act (21 U.S.C. 1037) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: “(c) No egg handler shall possess any eggs after the eggs have been packed into a container that is destined for the ultimate consumer unless the eggs are stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as prescribed by rules and regulations promulgated by the Secretary.”

   Effective date note
   Amendment 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.

3 of 3 references resolved to an enrolled provision