21 U.S.C. § 1046

(a)

Authorization for importation of restricted eggs; prerequisites for importation of egg products; treatment as domestic articles subject to this chapter; marking and labeling exemption for personal consumption

(1)

No restricted eggs capable of use as human food shall be imported into the United States except as authorized by regulations of the Secretary.

(2)

No egg products capable of use as human food shall be imported into the United States unless they were processed under an approved continuous inspection system of the government of the foreign country of origin or subdivision thereof and are labeled and packaged in accordance with, and otherwise comply with the standards of this chapter and regulations issued thereunder applicable to such articles within the United States.

(3)

No eggs packed into a container that is destined for the ultimate consumer shall be imported into the United States unless the eggs are accompanied by a certification that the eggs have at all times after packaging been stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as required by sections 1034(e) and 1037(c) of this title.

(4)

ProvidedProvided further All such imported articles shall upon entry into the United States be deemed and treated as domestic articles subject to the other provisions of this chapter: , That they shall be labeled as required by such regulations for imported articles: , That nothing in this section shall apply to eggs or egg products purchased outside the United States by any individual for consumption by him and members of his household and his nonpaying guests and employees.

(b)

Terms and conditions for destruction

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.

(c)

Payment of storage, cartage, and labor charges by owner or consignee; liens

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.

(d)

Prohibition

The importation of any article contrary to this section is prohibited.

Pub. L. 91–597, § 17Dec. 29, 197084 Stat. 1630 Pub. L. 102–237, title X, § 1012(f)Dec. 13, 1991105 Stat. 1901(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–597Dec. 29, 197084 Stat. 1620 section 1031 of this titleThis chapter, referred to in subsecs. (a) to (c), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 102–2371991—Subsec. (a). 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

Pub. L. 102–237 section 1012(h) of Pub. L. 102–237 section 1034 of this titleAmendment by effective 12 months after promulgation of final implementing regulations, see , set out as a note under .

Effective Date

section 29 of Pub. L. 91–597 section 1031 of this titleFor effective date of this section, see , set out as a note under .