The Secretary may, by regulation and under such conditions and procedures as he may prescribe, exempt from specific provisions of this chapter-
The Secretary shall, by regulation and under such procedures as he may prescribe, exempt any plant located within noncontiguous areas of the United States from specific provisions of this chapter, where, despite good faith efforts by the owner of such plant, such owner has not been able to bring his plant into full compliance with this chapter: Provided, That in order to provide at least minimum standards for the protection of the public health, whenever processing operations are being conducted at any such plant, continuous inspection shall be maintained to assure that it is operated in a sanitary manner. No exemption under this subsection shall be granted for a period extending beyond December 31, 1971.
The Secretary may immediately suspend or terminate any exemption under paragraph (a)(2) or (6)1 of this section at any time with respect to any person, if the conditions of exemption prescribed by this section or the regulations of the Secretary are not being met. The Secretary may modify or revoke any regulation granting exemption under this chapter whenever he deems such action appropriate to effectuate the purposes of this chapter.
1So in original. Probably should be "subsection (a)(2) or (6)".
21 U.S.C. § 1044
EDITORIAL NOTES
REFERENCES IN TEXTThis 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 chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
AMENDMENTS1971-Subsecs. (b), (c). Pub. L. 92-67 added subsec. (b) and redesignated former subsec. (b) as (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATEFor effective date of this section, see section 29 of Pub. L. 91-597 set out as a note under section 1031 of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture or his delegate.
- United States
- The term "United States" means the States.
- egg
- The term "egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.(1) The term "check" means an egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking.(2) The term "clean and sound shell egg" means any egg whose shell is free of adhering dirt or foreign material and is not cracked or broken.(3) The term "dirty egg" means an egg that has a shell that is unbroken and has adhering dirt or foreign material.(4) The term "incubator reject" means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable.(5) The term "inedible" means eggs of the following descriptions: black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, and eggs containing embryo chicks (at or beyond the blood ring stage).(6) The term "leaker" means an egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the shell.(7) The term "loss" means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a bloody white, large meat spots, a large quantity of blood, or other foreign material.(8) The term "restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss.
- inspection
- The term "inspection" means the application of such inspection methods and techniques as are deemed necessary by the responsible Secretary to carry out the provisions of this chapter.
- official standards
- The term "official standards" means the standards of quality, grades, and weight classes for eggs, in effect upon the effective date of this chapter, or as thereafter amended, under the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.).
- person
- The term "person" means any individual, partnership, corporation, association, or other business unit.
- plant
- The term "plant" means any place of business where egg products are processed.
- processing
- The term "processing" means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products.