PUBLIC LAW 102-237—DEC. 13, 1991 105 STAT. 1899 SEC. 1012. EGG PRODUCTS INSPECTION. (a) FINDINGS AND PURPOSES. — (1) FINDINGS.— Congress finds that— (A) food borne illness is a serious health problem; (B) its incidence can be reduced through proper handling of food; and (C) eggs are perishable and therefore are particularly susceptible to supporting microbial growth if proper temperature controls are not maintained. (2) PURPOSES. — It is the purpose of this section to prescribe the temperature at which eggs are maintained in order to reduce the potential for harmful microbial growth to protect the health and welfare of consumers. (b) INSPECTION OF EGG PRODUCTS.— Section 5 of the Egg Products Inspection Act (21 U.S.C. 1034) is amended by adding at the end the following new subsection: "(e)(1) Subject to paragraphs (2), (3), and (4), the Secretary shall make such inspections as the Secretary considers appropriate of a facility of an egg handler (including a transport vehicle) to determine if shell eggs destined for the ultimate consumer— "(A) are being held under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit after packing; and "(B) contain labeling that indicates that refrigeration is required. "(2) In the case of a shell egg packer packing eggs for the ultimate consumer, the Secretary shall make an inspection in accordance with paragraph (1) at least once each calendar quarter. "(3) The Secretary of Health and Human Services shall cause such inspections to be made as the Secretary considers appropriate to ensure compliance with the requirements of paragraph (1) at food manufacturing establishments, institutions, and restaurants, other than plants packing eggs. "(4) The Secretary shall not make an inspection as provided in paragraph (1) on any egg handler with a flock of not more than 3,000 layers. "(5) A representative of the Secretary and the Secretary of Health and Human Services shall be afforded access to a place of business referred to in this subsection, including a transport vehicle, for purposes of making an inspection required under this subsection.". (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 ijli6 S©crGt3,rv (d) PENALTIES.— Section 12 of such Act (21 U.S.C. 1041) is amended— (1) in the first sentence of subsection (a), by striking "$1,000" and inserting "$5,000"; Consumer protection. Business and industry. 21 USC 1031 note.
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