(a) Shell eggs are adulterated if the shell eggs are:
(1) Contaminated by a pathogen, poisonous substance, or other deleterious substance; or
(2) Subjected to conditions likely to cause contamination that may render the shell eggs injurious to human health.
(b) If the Secretary finds that any shell eggs are adulterated or unfit for human consumption, the Secretary shall:
(1) Segregate the shell eggs; and
(2) Mark the shell eggs in a permanent manner to permit ready identification.
(c) (1) If no appeal is taken from a determination of condemnation, the Secretary shall destroy the shell eggs in a manner prescribed by regulation.
(2) If an appeal is taken, the condemned shell eggs shall be segregated and stored pending completion of an appeal inspection.
(3) The shell eggs may be destroyed in accordance with this section if the appeal is sustained.