21 U.S.C. § 1044 : US Code - Section 1044: Exemption of certain activities

Search 21 U.S.C. § 1044 : US Code - Section 1044: Exemption of certain activities

(a) Regulation for exemptions
The Secretary may, by regulation and under such conditions and
procedures as he may prescribe, exempt from specific provisions of
this chapter -
(1) the sale, transportation, possession, or use of eggs which
contain no more restricted eggs than are allowed by the tolerance
in the official standards of United States consumer grades for
shell eggs;
(2) the processing of egg products at any plant where the
facilities and operating procedures meet such sanitary standards
as may be prescribed by the Secretary, and where the eggs
received or used in the manufacture of egg products contain no
more restricted eggs than are allowed by the official standards
of United States consumer grades for shell eggs, and the egg
products processed at such plant;
(3) the sale of eggs by any poultry producer from his own
flocks directly to a household consumer exclusively for use by
such consumer and members of his household and his nonpaying
guests and employees, and the transportation, possession, and use
of such eggs in accordance with this paragraph;
(4) the processing of egg products by any poultry producer from
eggs of his own flocks' production for sale of such products
directly to a household consumer exclusively for use by such
consumer and members of his household and his nonpaying guests
and employees, and the egg products so processed when handled in
accordance with this paragraph;
(5) the sale of eggs by shell egg packers on his own premises
directly to household consumers for use by such consumer and
members of his household and his nonpaying guests and employees,
and the transportation, possession, and use of such eggs in
accordance with this paragraph;
(6) for such period of time (not to exceed two years) during
the initiation of operations under this chapter as the Secretary
determines that it is impracticable to provide inspection, the
processing of egg products at any class of plants and the egg
products processed at such plants; and
(7) the sale of eggs by any egg producer with an annual egg
production from a flock of three thousand or less hens.
(b) Plants located in noncontiguous areas of United States
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.
(c) Suspension or termination of exemptions
The Secretary may immediately suspend or terminate any exemption
under subsection (a)(2) or (6) 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.