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§1037. 禁止行为(Prohibited acts)

   日期:2011-08-05     来源:中国食品网    作者:中食网    浏览:492    

       更多关于美国禽肉检查法的内容,请详见美国农业部食品安全与检查局(FSIS)发布的《蛋类产品检查法案》(PPIA)法规汇总

  §1037. Prohibited acts

  (a)

  (1) No person shall buy, sell, or transport, or offer to buy or

  sell, or offer or receive for transportation, in any business in

  commerce any restricted eggs, capable of use as human food, except as

  authorized by regulations of the Secretary under such conditions as he

  may prescribe to assure that only eggs fit for human food are used for

  such purpose.

  (2) No egg handler shall possess with intent to use, or use, any

  restricted eggs in the preparation of human food for commerce except

  that such eggs may be so possessed and used when authorized by

  regulations of the Secretary under such conditions as he may prescribe

  to assure that only eggs fit for human food are used for such purpose.

  (b)

  (1) No person shall process any egg products for commerce at any

  plant except in compliance with the requirements of this chapter.

  (2) No person shall buy, sell, or transport, or offer to buy or

  sell, or offer or receive for transportation, in commerce any egg

  products required to be inspected under this chapter unless they have

  been so inspected and are labeled and packaged in accordance with the

  requirements of section 1036 of this title.

  (3) No operator of any official plant shall fail to comply with any

  requirements of section 1035(a) of this title or the regulations

  thereunder.

  (4) No operator of any official plant shall allow any egg products

  to be moved from such plant if they are adulterated or misbranded and

  capable of use as human food.

  (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 the Secretary.

  (d) No person shall violate any provision of section 1039, 1040 or 1046 of this title.

  (e) No person shall--

  (1) manufacture, cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary;

  (2) forge or alter any official device, mark, or certificate;

  (3) without authorization from the Secretary, use any official device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or mark; or use any labeling or container ordered to be withheld from use under section 1036 of  this title after final judicial affirmance of such order or expiration of the time for appeal if no appeal is taken under said section;

  (4) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;

  (5) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products bearing any counterfeit, simulated, forged, or improperly altered official mark;

  (6) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary;

  (7) knowingly represent that any article has been inspected or exempted, under this chapter, when, in fact, it has, respectively, not been so inspected or exempted; and

  (8) refuse access, at any reasonable time, to any representative of the Secretary of Agriculture or the Secretary of Health and Human Services, to any plant or other place of business subject to inspection under any provisions of this chapter.

  (f) No person, while an official or employee of the United States Government or any State or local governmental agency, or thereafter, shall use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in a judicial proceeding, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.

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