United States Code

articles shall not be sold contrary to the provision of this chapter, the Federal Food, Drug, and Cosmetic Act or the Fair Packaging and Labeling Act, or the laws of the jurisdiction in which they are sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the articles shall not be sold or otherwise disposed of contrary to the provisions of this chapter, the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or the laws of the jurisdiction in which disposal is made, the court may direct that they be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the articles and they are released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant thereof. The proceedings in such cases shall conform, as nearly as may be, to the supplemental rules for certain admiralty and maritime claims, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States.

(b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws. (Pub. L. 91-597, § 20, Dec. 29, 1970, 84 Stat. 1631.)

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is classified to chapter 9 of this title.

The Fair Packaging and Labeling Act, referred to in subsec. (a), is classified to chapter 39 of Title 15, Commerce and Trade.

EFFECTIVE DATE

Section effective 18 months after Dec. 29, 1970, except that with respect to egg products section effective six months after Dec. 29, 1970, see section 29 of Pub. L. 91-597, set out as a note under section 1031 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1048 of this title.

§ 1050. Jurisdiction of district courts; United States as plaintiff in enforcement and restraining proceedings; subpenas for witnesses.

The United States district courts and the District Court of the Virgin Islands are vested with Jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other cases, arising under this chapter, except as provided in section 1047 of this title. All proceedings for the enforcement or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding. (Pub. L. 91597, 21, Dec. 29, 1970, 84 Stat. 1632.)

EFFECTIVE DATE

This section is referred to in sections 1049, 1051 of this title.

§ 1051. Other Federal laws applicable for administration and enforcement of chapter; prosecution of inquiries; exercise of jurisdiction.

For the efficient administration and enforcement of this chapter, the provisions (including penalties) of sections 46, 48, 49, and 50 of Title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49), and the provisions of section 409(1) of Title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, and the powers conferred by said sections 49 and 50 of Title 15, on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 1050 of this title. (Pub. L. 91-597, § 22, Dec. 29, 1970, 84 Stat. 1632.)

EFFECTIVE DATE

(a) Prohibition against additional or different requirements than Federal requirements relating to premises, facilities, and operations at official plants; authority to impose recordkeeping and related requirements consistent with Federal requirements.

Requirements within the scope of this chapter with respect to premises, facilities, and operations of any official plant which are in addition to or different than those made under this chapter may not be imposed by any State or local jurisdiction except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section 1040 of this title, if consistent therewith, with respect to any such plant.

(b) Prohibition against additional or different standards than Federal standards of quality, etc., or requiring labeling to show area of production or origin; authority to require name, address, and license number of processor or packer on containers; prohibition against additional or different requirements than Federal requirements relating to labeling, packaging or ingredients; authority to prevent distribution of violative articles; validity of nonconflicting laws.

For eggs which have moved or are moving in interstate or foreign commerce, (1) no State or local jurisdiction may require the use of standards of quality, condition, weight, quantity, or grade which are in addition to or different from the official Federal standards, and (2) no State or local jurisdiction other than those in noncontiguous areas of the United States may require labeling to show the State or other geographical area of production or origin: Provided, however, That this shall not preclude a State from requiring that the name, address, and license number of the person processing or packaging eggs, be shown on each container. Labeling, packaging, or ingredient requirements, in addition to or different than those made under this chapter,

the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, may not be imposed by any State or local jurisdiction, with respect to egg products processed at any official plant in accordance with the requirements under this chapter and such Acts. However, any State or local jurisdiction may exercise jurisdiction with respect to eggs and egg products for the purpose of preventing the distribution for human food purposes of any such articles which are outside of such a plant and are in violation of any of said Federal Acts or any State or local law consistent therewith. Otherwise the provisions of this chapter shall not invalidate any law or other provisions of any State or other jurisdiction in the absence of a conflict with this chapter. (c) Applicability of other Federal laws and authority of other Federal officials relating to eggs, egg products, or other food products unaffected; authority of Secretary of Agriculture to regulate official plants processing egg products.

The provisions of this chapter shall not affect the applicability of the Federal Food, Drug, and Cosmetic Act or the Fair Packaging and Labeling Act or other Federal laws to eggs, egg products, or other food products or diminish any authority conferred on the Secretary of Health, Education, and Welfare or other Federal officials by such other laws, except that the Secretary of Agriculture shall have exclusive jurisdiction to regulate official plants processing egg products and operations thereof as to all matters within the scope of this chapter.

(d) Detainer authority.

The detainer authority conferred on representatives of the Secretary of Agriculture by section 1048 of this title shall also apply to any authorized representative of the Secretary of Health, Education, and Welfare for the purposes of section 1034(d) of this title, with respect to any eggs or egg products that are outside any plant processing egg products. (Pub. L. 91-597, § 23, Dec. 29, 1970, 84 Stat. 1632.)

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in the text, is classified to chapter 9 of this title.

The Fair Packaging and Labeling Act, referred to in the text, is classified to chapter 39 of Title 15, Commerce and Trade.

EFFECTIVE DATE

Section effective 18 months after Dec. 29, 1970, except that with respect to egg products section effective six months after Dec. 29, 1970, see section 29 of Pub. L. 91597, set out as a note under section 1031 of this title.

§ 1053. Inspection and administration costs; overtime and holiday work costs; availability of funds without fiscal year limitation; holiday defined.

(a) The cost of inspection rendered under the requirements of this chapter, and other costs of administration of this chapter, shall be borne by the United States, except that the cost of overtime and holiday work performed in official plants subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such official plants. Sums received by the Secretary from official plants under this section shall be available without fiscal year limitation to carry out the purposes of this chapter.

(b) The term "holiday" for the purposes of assessment or reimbursement of the cost of inspection performed under this chapter, the Wholesome Poultry Products Act, and the Wholesome Meat Act shall mean the legal public holidays specified by the Congress in section 6103(a) of Title 5. (Pub. L. 91-597, § 24, Dec. 29, 1970, 84 Stat. 1633.)

REFERENCES IN TEXT

The Wholesome Poultry Products Act, referred to in subsec. (b), is Pub. L. 90-492. For distribution of such Act, see Short Title note set out under section 451 of this title.

The Wholesome Meat Act, referred to in subsec. (b), is classified to chapter 12 of this title.

EFFECTIVE DATE

Not later than March 1 of each year following the enactment of this chapter the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate a comprehensive and detailed written report with respect to

(1) the processing, storage, handling, and distribution of eggs and egg products subject to the provisions of this chapter; the inspection of establishments operated in connection therewith; the effectiveness of the operations of the inspection, including the effectiveness of the operations of State egg inspection programs; and recommendations for legislation to improve such program; and

(2) the administration of section 1046 of this title (relating to imports) during the immediately preceding calendar year, including but not limited to

(A) a certification by the Secretary that foreign plants exporting eggs or egg products to the United States have complied with requirements of this chapter and regulations issued thereunder;

(B) the names and locations of plants authorized or permitted to export eggs or egg products to the United States;

(C) the number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (B) hereof and the frequency with which each such plant was inspected by such inspectors;

(D) the number of inspectors that were 11censed by each country from which any imports were received and that were assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports were handled; and the frequency and effectiveness of such inspections;

(E) the total volume of eggs and egg products which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major category of such imports

24A. Middle East Peace and Stability.... 25. Protection of vessels on the high seas and in territorial waters of foreign countries.... 1971 26. Armed Forces Participation in International Amateur Sports Competitions.... 27. International Cultural Exchange and Trade Fair Participation..

1981

1991

28. International Atomic Energy Agency Participation

2021

Transferred.

REVISION OF LAWS

Congress by the enactment of the Foreign Service Act of 1946, act Aug. 13, 1946, ch. 957, 60 Stat. 999, set out as chapter 14 of this title, consolidated and revised the laws relating to the administration of the Foreign Service.

PROCLAMATIONS RESPECTING WAR AND NEUTRALITY

See notes preceding section 1 of Title 50, Appendix, War and National Defense.

§§ 1 to 7. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (32 to 37, 49, 66), 60 Stat. 1037

Section 1, act May 24, 1924, ch. 182, § 8, formerly § 1, 43 Stat. 140, renumbered and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207, related to the establishment of the Foreign Service, and is covered by section 801 of this title. Section 1a, act May 3, 1945, ch. 105, § 1, 59 Stat. 102, related to Congressional declaration of purpose, and is covered by section 801 of this title.

Section 2, act May 24, 1924, ch. 182, § 9, formerly § 2, 43 Stat. 140, renumbered and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207, related to definition of a Foreign Service officer and assignment to duty generally, and is covered by sections 801 and 909 of this title.

Section 3, act May 24, 1924, ch. 182, § 10, formerly § 3, 43 Stat. 140, renumbered and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207; Apr. 24, 1939, ch. 84, § 2, 53 Stat. 583; May 3, 1945, ch. 105, §§ 4, 5, 59 Stat. 102, 103, related to grading, classification, and compensation of officers, and is covered by sections 861 to 870 of this title.

Section 3a, act May 24, 1924, ch. 182, § 33, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1215, and amended Apr. 24, 1939, ch. 84, § 4, 53 Stat. 588, related to salary increases, and is covered by section 995 of this title.

Section 4, act May 24, 1924, ch. 182, § 11, formerly § 4, 43 Stat. 140, renumbered and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1215; June 29, 1935, ch. 337, 49 Stat. 436, related to appointment and commission of officers, and is covered by sections 906 and 907 of this title.

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United States Code, Nide 5