The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary or (2) in the case of articles which are not in compliance solely because of misbranding, such articles are brought into compliance with this chapter under supervision of authorized representatives of the Secretary.
All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this chapter by or for such owner or consignee.
The importation of any article contrary to this section is prohibited.
21 U.S.C. § 1046
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) to (c), 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.
AMENDMENTS1991-Subsec. (a). Pub. L. 102-237 designated first sentence as par. (1) and second sentence as par. (2), added par. (3), and designated third sentence as par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1991 AMENDMENT 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.
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.