(a) Immediate containers of product offered for importation shall bear a label, printed in English, showing: (1) The name of product; (2) The name of the country of origin of the product, and for consumer packaged products, preceded by the words "Product of," which statement shall appear immediately under the name of the product; (3) The quality or description of shell eggs, including date of pack; (4) For shell eggs, the words, "Keep Refrigerated," or words of similar meaning; (5) [Reserved] (6) The name and place of business of manufacturer, packer, or distributor, qualified by a phrase which reveals the connection that such person has with the product; (7) An accurate statement of the quantity; (b) For properly sealed and certified shipments of shell eggs imported for breaking at an official egg products plant, the immediate containers need not be labeled, provided that the shipment is segregated and controlled upon arrival at the destination breaking plant. (c) The labels shall not be false or misleading in any respect. [63 FR 69968, 69971, Dec. 17, 1998] $57.955 Labeling of shipping containers of eggs for importation. (a) Shipping containers of foreign product which are shipped to the United States shall bear in a prominent and legible manner: (1) The common or usual name of the product; (2) The name of the country of origin; (3)-(4) [Reserved] (5) The quality or description of the eggs, except as required in §57.905; (6) The words "Keep refrigerated" or words of similar meaning. (b) Labeling on shipping containers examined at the time of inspection in the United States, if found to be false or misleading, shall be cause for the product to be refused entry. (c) For properly sealed and certified shipments of shell eggs imported for breaking at an official egg products plant, the shipping containers need not be labeled, provided that the shipment is segregated and controlled upon arrival at the destination breaking plant. (d) In the case of products which are not in compliance solely because of misbranding, such products may be brought into compliance with the regulations only under the supervision of an authorized representative of the Administrator. [63 FR 69968, 69971, Dec. 17, 1998] § 57.960 Small importations for consignee's personal use, display, or laboratory analysis. Any eggs which are offered for importation, exclusively for the consignee's personal use, display, or laboratory analysis, and not for sale or distribution; which is sound, healthful, wholesome, and fit for human food; and which is not adulterated and does not contain any substance not permitted by the Act or regulations, may be admitted into the United States without a foreign inspection certificate. Such product is not required to be inspected upon arrival in the United States and may be shipped to the consignee without further restriction under this part: Provided, That the Department may, with respect to any specific importation, require that the consignee certify that such product is exclusively for the consignee's personal use, display, or laboratory analysis and not for sale or distribution. The amount of such product imported shall not exceed 30-dozen shell eggs, unless otherwise authorized by the Administrator. [63 FR 69968, 69971, Dec. 17, 1998] § 57.965 Returned U.S. inspected and marked products; not importations. Products which have been inspected by the United States Department of Agriculture and so marked, and which are returned from foreign countries are not importations within the meaning of this part. Such returned shipments shall be reported to the Administrator by letter. § 57.970 Charges for storage, cartage, and labor with respect to products imported contrary to the Act. All charges for storage, cartage, and labor with respect to any product which is imported contrary to this part shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such product and any other product thereafter imported under the Act by or for such owner or consignee. Subpart B-Rules of Practice Governing Proceedings Under the Egg Products Inspection Act SOURCE: 64 FR 40738, July 28, 1999, unless otherwise noted. SCOPE AND APPLICABILITY OF RULES OF PRACTICE § 57.1000 Administrative proceedings. (a) The Uniform Rules of Practice for the Department of Agriculture promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicating administrative proceedings under section 12(c) of the Egg Products Inspection Act (21 U.S.C. 1041). (b) In addition to the proceedings set forth in paragraph (a) of this section, the Administrator, in his discretion, at any time prior to the issuance of a complaint seeking a civil penalty under the Act may enter into a stipulation with any person, in accordance with the following prescribed conditions: (1) The Administrator gives notice of an apparent violation of the Act or the regulations issued thereunder by such person and affords such person an opportunity for a hearing regarding the matter as provided by the Act; (2) Such person expressly waives hearing and agrees to a specified order including an agreement to pay a specified civil penalty within a designated time; and (3) The Administrator agrees to accept the specified civil penalty in settlement of the particular matter involved if it is paid within the designated time. (4) If the specified penalty is not paid within the time designated in such stipulation, the amount of the stipulated penalty shall not be relevant in any respect to the penalty that may be assessed after the institution of a for |