§ 354.246 9 CFR Ch. III (1–1–98 Edition)
§ 354.246 Exclusion of diseased per- in any room or compartment where ex- sons. posed or unpacked edible products are prepared, processed, or otherwise han- No person affected with any commu- dled. nicable disease (including, but not being limited to, tuberculosis) in a § 354.247 Table showing types of mate- transmissible stage shall be permitted rials.
Stainless Equipment, utensils, and facilities Iron steel and Alu- Galvanized monel metal minum iron
Holding pens ...... A A A A Overhead conveyors ...... A A A A Conveyor track ...... A A ...... A Shackles ...... A ...... A Shackle chain ...... A A ...... A Eviscerating pans ...... A A A Inspection table ...... AAA Inside and outside washer ...... A A A Cooling tanks and racks ...... A A A Utensils for handling edible products ...... A A A Framework (of equipment) ...... A ...... Key: AÐAcceptable.
§ 354.248 Scope and applicability of 355.9 Numbers granted same ownership or rules of practice. control. 355.10 Assignment of inspectors. The rules of practice of the Depart- ment of Agriculture in subpart H of FEES part I, subtitle A, title 7 of the Code of 355.11 Charge for survey. Federal Regulations, are the rules of 355.12 Charge for service. practice applicable to adjudicatory, ad- ministrative proceedings under the reg- SANITATION AND FACILITIES ulations in this part (9 CFR part 354). 355.13 Sanitation. 355.14 Facilities. [43 FR 11148, Mar. 17, 1978] 355.15 Inedible material operating and stor- age rooms; outer premises, docks, drive- PART 355—CERTIFIED PRODUCTS ways, etc.; fly-breeding material; FOR DOGS, CATS, AND OTHER nuisances. 355.16 Control of flies, rats, mice, etc. CARNIVORA; INSPECTION, CER- 355.17 Tagging equipment ‘‘U.S. rejected.’’ TIFICATION, AND IDENTIFICA- 355.18 Drawings and specifications to be fur- TION AS TO CLASS, QUALITY, nished. QUANTITY, AND CONDITION INSPECTION PROCEDURE
DEFINITIONS 355.19 Inspector to be informed when plant operates. Sec. 355.20 Inspector to have access to plant at 355.1 Meaning of words. all times. 355.2 Terms defined. 355.21 Products entering inspected plants. 355.22 Designation of place of receipt of re- SCOPE OF INSPECTION SERVICE turned products. 355.3 Plants eligible for inspection. 355.23 Tagging products ‘‘U.S. retained.’’ 355.24 Processes to be supervised. APPLICATION FOR INSPECTION, CERTIFICATION, 355.25 Canning with heat processing and AND IDENTIFICATION hermetically sealed containers; closures; code marking; heat processing; incuba- 355.4 Application. tion. 355.5 Drawings. 355.26 Samples of certified products, ingre- 355.6 Review of applications. dients, etc., to be taken for examination. 355.27 Reports of violations of regulations. INAUGURATION OF INSPECTION DISPOSAL OF CONDEMNED MATERIAL 355.7 Inauguration of inspection. 355.8 Official number. 355.28 Unfit material to be condemned.
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COMPOSITION OF CERTIFIED PRODUCTS (b) Program means the Meat and 355.29 Composition of certified products for Poultry Inspection Program of the dogs, cats, and other carnivora. Food Safety and Inspection Service of the United States Department of Agri- SUPERVISION culture. 355.31 Supervision by inspector. (c) Circuit supervisor means an inspec- tor of the Program assigned to super- LABELING vise and perform official work at a cir- 355.32 Labeling required. cuit. Such inspector is assigned by and 355.33 Plant number to be embossed on reports directly to the Administrator metal containers. or other person designated by him. 355.34 Labels, approval of, by Adminis- (d) Inspector means an inspector of trator. the Program. 355.35 Label information to be displayed on principal panel. (e) Inspected plant means any plant 355.36 Obsolete labels. preparing certified products for dogs, 355.37 Alteration or limitation of statement cats, or other carnivora at which in- of certification. spection is maintained under the regu- lations contained in this part. PENALTIES (f) Circuit means one or more in- 355.38 Withdrawal of service. spected plants assigned to a circuit su- pervisor. APPEALS (g) Animal protein supplement means a 355.39 Appeals from decisions made under product containing animal protein and this part. other elements normal to the compo- REPORTS nent for use in compounding a mainte- nance food for dogs, cats, and other 355.40 Plants to furnish information for re- carnivora. ports. (h) Products means the products for MULE MEAT AND ANIMAL FOOD, MULE MEAT dogs, cats, and other carnivora BY-PRODUCT marked, or to be marked, with the cer- 355.41 Antemortem and postmortem inspec- tification provided in this part. tion for mules. (i) Meat means the U.S. inspected and 355.42 Marking of mule meat and animal passed and so identified clean, whole- food mule meat by-product. some muscle tissue of cattle, sheep, 355.43 Scope and applicability of rules of swine, or goats which is skeletal or practice. which is found in the tongue, in the di- AUTHORITY: 7 U.S.C. 1622, 1624; 7 CFR 2.17 aphragm, in the heart, or in the esoph- (g) and (i), 2.55. agus with or without the accompany- SOURCE: 23 FR 10107, Dec. 23, 1958, unless ing and overlying fat and the portions otherwise noted. Redesignated at 30 FR 4195, of skin, sinews, nerves, and blood ves- Mar. 31, 1965. sels which normally accompany the muscle tissue and which are not sepa- DEFINITIONS rated from it in the process of dressing. It does not include the muscle found in § 355.1 Meaning of words. the lips, snout, or ears. Words used in this part in the sin- (j) Animal food meat by-product means gular form shall be deemed to import the part other than meat which has the plural, and vice versa, as the case been derived from one or more cattle, may demand. sheep, swine or goats that have been U.S. Inspected and Passed and is fit for § 355.2 Terms defined. use as animal food. When used in this part unless other- (k) Horse meat means the U.S. in- wise distinctly expressed or manifestly spected and passed and so identified incompatible with the intent thereof: clean, wholesome muscle tissue of (a) Person means any individual, horses which is skeletal or which is partnership, association, business found in the tongue, in the diaphragm, trust, corporation, or any organized in the heart, or in the esophagus, with group of persons, whether incorporated or without the accompanying and over- or not. lying fat and the portions of sinews,
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nerves, and blood vessels which nor- (s) Whale meat means the muscle tis- mally accompany the muscle tissue sue of whales which is fit for use in ani- and which are not separated from it in mal food. the process of dressing. (t) Fish means the whole or part of (l) Animal food horse meat by-product any aquatic, water breathing verte- means the part other than meat which brates, commonly designated as fish, has been derived from one or more which is fit for use in animal food. horses that have been U.S. Inspected (u) Animal food poultry byproduct and Passed and is fit for use as animal means any portion of carcasses of poul- food. try slaughtered under inspection and (m) Mule meat means the clean, passed in accordance with the Poultry sound, healthful, wholesome muscle Products Inspection Act which is fit for use in animal food. tissue derived from mules as deter- mined by antemortem and postmortem [23 FR 10107, Dec. 23, 1958, as amended at 25 inspection by an inspector in accord- FR 1356, Feb. 1960; 29 FR 18418, Dec. 25, 1964. ance with § 355.41. It includes muscle Redesignated and amended at 30 FR 4195, tissue which is found in the tongue, in Mar. 31, 1965; 32 FR 13115, Sept. 15, 1967; 33 FR 6707, May 2, 1968] the diaphragm, in the heart or in the esophagus, with or without the accom- SCOPE OF INSPECTION SERVICE panying and overlying fat and the por- tions of sinews, nerves, and blood ves- § 355.3 Plants eligible for inspection. sels which normally accompany the Upon application, inspection may be muscle tissue and which are not sepa- granted at a plant where products are rated from it in the process of dressing. to be prepared, when the Administrator (n) Animal food mule meat by-product has determined that the application means the part other than meat which conforms to and the plant meets with has been derived from one or more the requirements of this part. mules that have been handled in ac- cordance with § 355.41 and is fit for use APPLICATION FOR INSPECTION, as animal food. CERTIFICATION, AND IDENTIFICATION (o) Bone means the U.S. inspected § 355.4 Application. and passed and so identified clean, wholesome bone which has been de- The owner or operator of any plant of rived from cattle, sheep, swine, goats the kind specified in § 355.3 may apply or horses, or bone derived from mules to the Administrator for inspection, slaughtered and passed under Program certification, and identification. In inspection in accordance with § 355.41. cases of change of ownership or change of location, new applications shall be (p) Poultry means any domesticated made. bird slaughtered in accordance with the Poultry Products Inspection Act, (Approved by the Office of Management and Public Law 85–172, 85th Congress, S. Budget under control number 0583–0036) 1747, dated August 28, 1957 (21 U.S.C. 451 et seq.). [23 FR 10107, Dec. 23, 1958. Redesignated at 30 FR 4195, Mar. 31, 1965, and amended at 47 FR (q) Poultry product means any edible 746, Jan. 7, 1982] part of fresh poultry which have been slaughtered for human food and from § 355.5 Drawings. which the blood, feathers, feet, head Triplicate copies of complete draw- and viscera have been removed in ac- ings with specifications, consisting of cordance with rules and regulations floor plans showing the locations of promulgated by the Secretary of Agri- such features as the principal pieces of culture. equipment, floor drains, principal (r) Administrator. The Administrator drainage lines, hand-washing basins, of the Food Safety and Inspection and hose connections for cleanup pur- Service or any officer or employee of poses; elevations; roof plans when nec- the Department to whom authority has essary to show size and location of sky- heretofore been delegated or may here- lights and the like; cross and longitu- after be delegated to act in his stead. dinal sections of the various buildings,
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showing such features as principal number in each case to identify the pieces of equipment, heights of ceil- plant. ings, conveyor rails, and character of floors, walls, and ceilings; and a plot § 355.10 Assignment of inspectors. plan showing relationship of various The Administrator shall designate a departments and structures of the circuit supervisor of the inspection at plants, properly drawn to scale, shall each circuit and assign to him such as- accompany applications. Where com- sistants as may be necessary. plete approved drawings and specifica- tions are available in the files of the FEES Meat and Poultry Inspection Program, Food Safety and Inspection Service, § 355.11 Charge for survey. U.S. Department of Agriculture, cover- Applicants for the inspection, certifi- ing a plant operating under the super- cation, and identification shall reim- vision of that Program, it will not be burse the department for salary, travel necessary that drawings and specifica- cost, per diem allowance, and the like, tions accompany an application made expended incidental to any survey of under this part for inspection at such the premises for which the inspection plant. is requested, and in connection with any review of plans which may be [23 FR 10107, Dec. 23, 1958. Redesignated and made. amended at 30 FR 4195, Mar. 31, 1965; 32 FR 13115, Sept. 15, 1967] § 355.12 Charge for service. § 355.6 Review of applications. The fees to be charged and collected The Administrator will determine by the Administrator shall be at the whether applications shall be granted rates specified in §§ 391.2, 391.3, and 391.4 or refused. respectively for base time; for over- time, including Saturdays, Sundays, INAUGURATION OF INSPECTION and holidays; and for certain labora- tory services which are not covered § 355.7 Inauguration of inspection. under the base time, overtime, and/or When an application for inspection, holiday costs. Such fees shall reim- certification, and identification is burse the Service for the cost of the in- granted, the circuit supervisor shall, at spection service furnished. or prior to the inauguration of inspec- [54 FR 6390, Feb. 10, 1989] tion, inform the owner or operator of the plant of the requirements of the SANITATION AND FACILITIES regulations contained in this part. In- spection shall not be begun if a plant is § 355.13 Sanitation. not in a sanitary condition. The appli- Sanitary facilities and accommoda- cant shall adopt and enforce all nec- tions shall be furnished by every in- essary measures and shall comply with spected plant. Of these the following all such directions as the circuit super- are specifically required: visor may prescribe for carrying out (a) Dressing rooms, toilet rooms, and the purposes of this part. urinals shall be sufficient in number, ample in size, and conveniently lo- § 355.8 Official number. cated. They shall be properly lighted To each plant granted inspection an and ventilated and of sanitary con- official number shall be assigned. Such struction. They shall be separate from number shall be preceded by the letter the rooms and compartments in which ‘‘A’’ and used to identify all certified certified products are prepared, stored products prepared in the plant. or handled. (b) Modern hand-washing basins, in- § 355.9 Numbers granted same owner- cluding running hot and cold water, ship or control. soap and towels shall be placed in or Two or more official plants under the near toilet rooms. same ownership or control may be (c) Toilet soil lines shall be separate granted the same official number, pro- from house drainage lines to a point vided a serial letter is added after the outside the buildings and drainage
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from toilet soil lines shall not be dis- (d) Furnished office room, including charged into a grease catchbasin. light, heat, janitor, and laundry service (d) Properly located facilities shall shall be provided rent free for the ex- be provided for cleansing utensils and clusive use of the inspector. These fa- hands of all persons handling or prepar- cilities shall be set apart for this pur- ing any products to be certified. pose and provided with lockers suitable (e) Equipment and utensils used for for the protection and storage of pro- preparing any products to be certified gram supplies. Laundering of inspec- shall be of such material and construc- tors’ outer work clothing shall be pro- tion as will make them susceptible of vided by the management of inspected being readily and thoroughly cleaned. plants. (f) Trucks and receptacles used for inedible materials shall be of such con- § 355.15 Inedible material operating struction as to permit ready and thor- and storage rooms; outer premises, ough cleansing, shall bear a conspicu- docks, driveways, etc.; fly-breeding material; nuisances. ous and distinctive mark, and shall be used exclusively for handling inedible All operating and storage rooms and material. departments of inspected plants used (g) Rooms, compartments, places, for inedible material shall be main- equipment and utensils used for prepar- tained in clean condition, and shall be ing, storing or otherwise handling any separate and apart from rooms and de- certified products, and all other parts partments where certified products are of the inspected plant, shall be kept prepared, handled, or stored. Docks and clean. There shall be no handling or areas where cars and vehicles are load- storing of materials which creates an ed, and driveways, approaches and al- objectionable condition in rooms, com- leyways shall be properly paved and partments or places where certified drained and the outer premises of every products are prepared, stored or other- inspected plant shall be kept in clean wise handled. and orderly condition. All catchbasins on the premises shall be of such con- § 355.14 Facilities. struction and location and shall be Adequate facilities for the prepara- given such attention as will insure tion and inspection of the products to their being kept in acceptable condi- be certified shall be furnished and tion as regards odors and cleanliness. maintained by the inspected plant. Of The accumulation on the premises of these the following are specifically re- any material in which flies may breed, quired: or the maintenance of any nuisance on (a) A room or compartment ade- the premises shall not be allowed. quately equipped for locking or sealing § 355.16 Control of flies, rats, mice, etc. shall be provided for holding products prepared for certification or material Flies, rats, mice, and other vermin used in their preparation which are shall be excluded from inspected plants identified as ‘‘U.S. retained,’’ and such and premises. rooms and compartments shall be con- spicuously marked with the phrase § 355.17 Tagging equipment ‘‘U.S. re- ‘‘U.S. retained’’ prominently displayed. jected.’’ (b) Adequate facilities, including de- When necessary, inspectors shall at- naturing materials, for the proper dis- tach a ‘‘U.S. rejected’’ tag to any posal of condemned articles including equipment or utensil which is unclean carcasses, parts of carcasses and other or the use of which would be in conflict materials, shall be provided. with the provisions of this part. No (c) Rooms or compartments adequate equipment or utensil so tagged shall in size and properly equipped for hold- again be used until made acceptable ing samples of canned products pre- under this part and until removal of pared for certification under incuba- the tag. Such tag shall not be removed tion, shall be maintained at the tem- from the equipment or utensil by any- perature specified in § 355.25(i). one other than an inspector.
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§ 355.18 Drawings and specifications § 355.23 Tagging products ‘‘U.S. re- to be furnished. tained.’’ Triplicate copies of complete draw- A ‘‘U.S. Retained’’ tag shall be placed ings and specifications for remodeling by an inspector at the time of inspec- inspected plants or for new structures tion on all certified products, mate- at such plants shall be submitted to rials to be used in the preparation of the Administrator and approval ob- certified products, or containers there- tained for the plans in advance of con- of, whenever such certified products, struction. materials, or containers are suspected of being unsound or otherwise unfit or INSPECTION PROCEDURE not in conformity with the require- ments contained in this part. Such tags § 355.19 Inspector to be informed when so placed shall not be removed by any- plant operates. one other than an inspector. The management of an inspected plant shall inform the inspector or the § 355.24 Processes to be supervised. circuit supervisor when work in each All processes used in the preparation department has been concluded for the of the certified products shall be super- day, and the day and hour when work vised by an inspector. All steps in the will be resumed therein. There shall be process of manufacture shall be con- no preparation of certified products at ducted carefully and with strict clean- an inspected plant except under the su- liness. Inspected plants shall not pre- pervision of an inspector. pare products of a kind certified under this part unless they conform with the § 355.20 Inspector to have access to plant at all times. regulations contained in this part. For the purpose of examination or in- § 355.25 Canning with heat processing spection necessary to enforce any of and hermetically sealed containers; the provisions of this part, inspectors closures; code marking; heat proc- shall have access at all times by day or essing; incubation. night, whether the plant is being oper- (a) Containers shall be cleaned thor- ated or not, to every part of an in- oughly immediately before filling, and spected plant. precaution must be taken to avoid soil- ing the inner surfaces subsequently. § 355.21 Products entering inspected (b) The inside surfaces of containers plants. of metal, glass, or other material shall All products of a kind certified under be washed by spraying in an inverted this part or materials to be used in the position with running water at a tem- preparation of such products when perature of at least 180 °F. The con- brought into an inspected plant shall tainer washing equipment shall be pro- be identified and inspected at the time vided with a thermometer to register of receipt and be subject to further in- the temperature of the water used for spection in such manner and at such cleaning the containers. time as may be deemed necessary. If, (c) Perfect closure is required for her- upon inspection, any such article is metically sealed containers. Heat proc- found to be unsound or otherwise unfit, essing shall follow promptly after clos- it shall be handled as provided in ing. § 355.28. (d) Careful inspection shall be made of the containers by competent plant § 355.22 Designation of place of receipt employees immediately after closing, of returned products. and containers which are defectively Certified products returned to an in- filled or defectively closed, or which spected plant shall be received at a show inadequate vacuum, shall not be dock or place specifically designated further processed until the defect has for the purpose by the plant manage- been corrected. The containers shall ment with the approval of the circuit again be inspected by plant employees supervisor. Such returned products when they have cooled sufficiently for shall be inspected there by the inspec- handling after processing by heating. tor before further entering the plant. The contents of defective containers
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shall be condemned unless correction The incubation shall consist of holding of the defect is accomplished within six the canned products for at least 10 days hours following the sealing of the con- at about 98 °F. The extent to which in- tainers or completion of the heat proc- cubation tests shall be required by in- essing, as the case may be, except that spectors depends on conditions such as (1) if the defective condition is discov- the record of the inspected plant in ered during an afternoon run the cans conducting canning operations, the ex- of product may be held in coolers at a tent to which the plant furnishes com- ° temperature not exceeding 38 F. under petent supervision and inspection in conditions that will promptly and ef- connection with the canning oper- fectively chill them until the following ations, the character of the equipment day when the defect may be corrected; used, and the degree to which such and (2) short vacuum or overstuffed equipment is maintained at maximum cans of products which have not been efficiency. Such factors shall be consid- handled in accordance with the above ered by the circuit supervisor in deter- may be incubated as provided in para- graph (i) of this section in the in- mining the extent of incubation testing spected plant under Program super- at a particular plant. In the event of vision, after which the cans shall be failure by an inspected plant to provide opened and the sound products passed. suitable facilities for incubation of test (e) Canned products shall not be samples, the circuit supervisor may re- passed unless, after cooling to atmos- quire holding of the entire lot under pheric temperature, they show the ex- such conditions and for such period of ternal characteristic of sound cans; time as may, in his discretion, be nec- that is, the cans shall not be overfilled, essary to establish the stability of the the ends of the cans shall be concave, canned products. The circuit supervisor there shall be no bulging of the cans, may permit lots of canned certified the sides and ends of the cans shall products to be shipped from the in- conform to the products, and there spected plant prior to completion of shall be no slack or loose tin in the sample incubation when he has no rea- cans. son to suspect unsoundness in the par- (f) All canned products shall be plain- ticular lots, and under circumstances ly and permanently marked on the con- which will assure the return of the tainers by code or otherwise with the products to the plant for inspection identity of the contents and date of should such action be indicated by the canning. The code used and its mean- incubation results. ing shall be on record in the office of the circuit supervisor before use. § 355.26 Samples of certified products, (g) The canned products must be ingredients, etc., to be taken for ex- processed at such temperature and for amination. such period of time as will assure keep- Samples of certified products, water, ing without refrigeration under usual chemicals, flavorings or other articles conditions of storage and transpor- in an inspected plant shall be taken tation as evidenced by the incubation without cost to the Program for an ex- test. amination as often as may be deemed (h) Lots of canned products shall be necessary for the efficient conduct of identified during their handling pre- paratory to and during heat processing the inspection. The frequency of sam- by tagging the baskets or cages in pling shall be determined by the needs which the cans are being conveyed, of the inspection. with a tag which will change color on § 355.27 Reports of violations of regu- going through the heat processing or lations. by other effective means so as to insure the proper channeling of the products Inspectors shall report to the circuit for effective heat processing after clos- supervisor violations of or failures to ing the cans. conform with these regulations which (i) Facilities shall be provided to in- occur at inspected plants, and the cir- cubate at least representative samples cuit supervisor shall report the same to of the fully processed canned products. the Administrator.
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DISPOSAL OF CONDEMNED MATERIAL (3) Certified maintenance food shall contain not less than 10 percent of pro- § 355.28 Unfit material to be con- tein. demned. (4) Certified maintenance food shall Subject to § 355.41, any certified prod- contain a level of minerals and vita- ucts, or ingredients intended for use mins generally recognized to be essen- therein, which are decomposed or adul- tial to the nutritional value of the terated or otherwise unsound or unfit food. for use shall be condemned and de- (5) Vegetables and grains and their stroyed, except that if the adulteration derivatives, used as ingredients of cer- is such as will not preclude their legiti- tified maintenance food, shall be of mate use for some purpose other than good quality, shall be free from discol- the preparation of the certified prod- oration, mold, smut, and insect infesta- ucts, they may be released by author- tion, and shall be otherwise fit for use ized inspectors for such other purpose as animal food. for disposition under the supervision of (6) Inedible material such as tankage, the proper local, State, or Federal offi- dried blood, bone meal, and the like cial. The operator of the inspected shall not be used as ingredients of cer- plant shall make such arrangement as tified maintenance food. may be necessary with the proper offi- (7) Semi-moist certified maintenance cials for the disposition of the article. food shall have a soft granular consist- ency, shall be shelf stable, and shall be COMPOSITION OF CERTIFIED PRODUCTS processed so that the moisture content thereof does not exceed 27 percent of § 355.29 Composition of certified prod- the net weight of such food. ucts for dogs, cats, and other (b) Composition of canned or fresh fro- carnivora. zen certified supplemental animal foods. (a) Composition of canned or semi-moist (1) Certified animal protein supplement certified maintenance food. (1) Only in- shall comply with the following re- gredients which are normal to canned quirements: or semi-moist food for dogs, cats, and (i) Certified animal protein supple- other carnivora, which are favorable to ment shall contain not less than 95 per- adequate nutrition, and which are cent of meat or animal food meat by- classed by the Administrator as con- product or both, or of horse meat or forming with requirements contained animal food horse meat byproduct or in this part shall be used in the prepa- both, or of mule meat or animal food ration of certified maintenance food. mule meat byproduct or both, or of (2) Not less than 30 percent of meat poultry products. Upon specific ap- or animal food meat byproduct or both, proval of the Administrator, combina- or of horse meat or animal food horse tions of the above specified ingredients meat byproduct or both, or of mule may be used; meat or animal food mule meat by- (ii) Certified animal protein supple- product or both, or of poultry products, ment shall have added thereto a suffi- shall be used in the preparation of cient amount of fresh ground bone or canned or semimoist certified mainte- other acceptable agent to satisfy the nance food. Upon specific approval of requirements of the regulations pro- the Administrator, combinations of the mulgated under the Meat Inspection above specified ingredients may be Act (34 Stat. 1260), as amended (21 used. The uncooked weight of the meat U.S.C. 71 et seq.), and the Horse Meat or animal food meat byproduct or both, Act (41 Stat. 241; 21 U.S.C. 96), in order or of the horse meat or animal food to insure decharacterization of the horse meat byproduct or both, or of the product for human food purposes; mule meat or animal food mule meat (iii) Certified animal protein supple- byproduct or both, or of the poultry ment may contain not more than 3 per- products, or of the combinations there- cent wheat flour or other processing of, shall be used in the calculation, and aid acceptable to the Administrator, the percentage shall be obtained by re- which shall be of good quality, shall be lating this weight to the total weight free from insect infestation, and shall of the certified maintenance food. be otherwise fit for use as animal food;
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(iv) Certified animal protein supple- poultry products. Upon specific ap- ment shall contain not less than 15 per- proval of the Administrator, combina- cent protein; and tions of the above specified ingredients (v) Certified animal protein supple- may be used. ment shall contain not less than 3 per- (2) Certified variety pet food shall cent fat. contain a variety of vegetables and (2) Certified pet food supplement may contain other ingredients which shall comply with the following re- are favorable to adequate nutrition. quirements: (i) Certified pet food supplement (3) Vegetables and grains and their shall contain not less than 50 percent derivatives used as ingredients of cer- of meat or animal food meat byproduct tified variety pet food shall be of good or both, or of horse meat or animal quality, shall be free from discolora- food horse meat byproduct or both, or tion, mold, smut, and insect infesta- of mule meat or animal food mule tion, and shall be otherwise fit for use meat byproduct or both, or of poultry as animal food. products. Upon specific approval of the (4) Certified variety pet food shall Administrator, combinations of the contain not less than 8 percent protein. above specified ingredients may be (5) Certified variety pet food shall used; contain not less than 2 percent fat. (ii) Certified pet food supplement (6) Certified variety pet food may shall have added thereto a sufficient contain not more than 75 percent mois- amount of fresh ground bone or other ture. acceptable agent to satisfy the require- (d) Certified products for dogs, cats, ments of the regulations promulgated and other carnivora may contain whale under the Meat Inspection Act (34 Stat. meat, fish, and animal food poultry by- 1260), as amended (21 U.S.C. 71 et seq.), products or combinations thereof as and the Horse Meat Act (41 Stat. 241; 21 U.S.C. 96), in order to insure optional ingredients in lieu of some but decharacterization of the product for not all of the ingredients named in human food purposes; paragraphs (a)(2), (b)(1)(i), and (c)(1) of (iii) Certified pet food supplement this section, respectively, upon specific may contain various cereals, flours, approval of the Administrator. vegetables, flavorings, seasonings and [26 FR 3984, May 9, 1961, as amended at 29 FR other processing aids acceptable to the 9819, July 22, 1964; 29 FR 18419, Dec. 25, 1964. Administrator which shall be of good Redesignated at 30 FR 4195, Mar. 31, 1965, and quality, shall be free from discolora- amended at 30 FR 10284, Aug. 19, 1965; 32 FR tion, mold, smut, and insect infesta- 13115, Sept. 15, 1967; 33 FR 6707, May 2, 1968] tion, and shall be otherwise fit for use as animal food; SUPERVISION (iv) Certified pet food supplement shall contain not less than 11 percent § 355.31 Supervision by inspector. protein; No container which bears or is to (v) Certified pet food supplement bear a label as provided for under this shall contain not less than 3 percent part shall be filled in whole or in part fat; and except with certified products which (vi) Certified pet food supplement have been inspected in compliance with may not contain more than 74 percent this part, which are sound, healthful, moisture. wholesome, and otherwise fit for dogs, (c) Composition of canned certified vari- ety pet food. (1) Certified variety pet cats, and other carnivora, and which food shall contain not less than 25 per- are strictly in accordance with the cent of meat or animal food meat by- statements on the label. No such con- product or both, or of horse meat or tainer shall be filled in whole or in part animal food horse meat byproduct or and no such label shall be affixed there- both, or of mule meat or animal food to except under the supervision of an mule meat byproduct or both, or of inspector.
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LABELING (6) When wheat flour or other proc- essing aid is added to the product, § 355.32 Labeling required. there shall appear on the label, with Each container of inspected and cer- the name of the decharacterizing tified product shall have affixed there- agent, in predominating order, the to a label bearing the following infor- name of the processing aid, as, for ex- mation, prominently displayed: ample, ‘‘Wheat flour and bone added’’ (a) The name of the product, class of or ‘‘Bone and wheat flour added.’’ product, ingredient statement, and the (b) A statement of the quantity of animal foods inspection legend in the contents of the container, representing manner provided by paragraphs (a) (1), in terms of avoirdupois weight the (2), (3), (4), (5), and (6) of this section. quantity of product in the container. (1) The name of the canned or (c) The name and place of business of semimoist certified food shall include the manufacturer, packer, or distribu- words such as ‘‘dog food,’’ ‘‘cat food,’’ tor. The name under which inspection ‘‘dog and cat food,’’ or ‘‘fox food,’’ ac- is granted to a plant may appear with- companied with such references to op- out qualification on the label of a prod- tional ingredients as may be required uct prepared by that plant. When the by the Administrator under this part. certified product is not prepared by the Product names shall not be misleading person whose name appears on the in regard to class of canned or semi- label, the name shall be qualified by a moist certified food for which label is phrase which reveals the connection intended. such person has with the product as, (2) Class of product as outlined in for example, ‘‘Prepared for paragraphs (a), (b), and (c) of § 355.29 ——————————.’’ shall be declared on either the main [23 FR 10107, Dec. 23, 1958, as amended at 25 display or 20 percent panel of the label. FR 1357, Feb. 16, 1960; 26 FR 3984, May 9, 1961; (3) The word ‘‘ingredients,’’ followed 29 FR 9819, July 22, 1964. Redesignated at 30 by a complete list of ingredients of the FR 4195, Mar. 31, 1965, and amended at 32 FR food in the order of their predominance 13115, Sept. 15, 1967] and by their common or usual names, shall appear on the label with the name § 355.33 Plant number to be embossed of the food. on metal containers. (4) The inspection legend for canned, The official number assigned to an semi-moist or frozen certified animal inspected plant under § 355.8 shall be food shall appear on the label in the embossed on all sealed metal contain- form shown herewith, except that the ers of certified products filled in such plant number need not appear with the plant, except that such containers legend when such number is embossed which bear labels lithographed directly on the sealed metal container as pro- on the container and in which the vided in § 355.33. plant number is incorporated need not have the plant number embossed there- on. Labels and embossed code identi- fication shall be affixed so as not to ob- scure the embossed plant number. [23 FR 10107, Dec. 23, 1958. Redesignated and amended at 30 FR 4195, Mar. 31, 1965; 32 FR 13115, Sept. 15, 1967; 38 FR 29215, Oct. 23, 1973]
§ 355.34 Labels, approval of, by Admin- (5) When a product is prepared in istrator. whole from any of the items defined in (a) Except as provided in paragraph § 355.2 (i) through (n), its name shall (c) of this section, no label shall be identify the item and there shall ap- used on any container of certified prod- pear contiguous to the name of the ucts until it has been approved by the item the name of the decharacterizing Administrator. For the convenience of agent used, followed by the word the inspected plant, sketches or proofs ‘‘added’’ as, for example, ‘‘bone added.’’ of proposed labels may be submitted in
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triplicate to the Administrator for ap- § 355.36 Obsolete labels. proval, and the preparation of the fin- At least once each year, each in- ished labels deferred until such ap- spected plant shall submit to the Ad- proval is obtained. All finished labels ministrator, in quadruplicate, a list of shall be submitted in quadruplicate to approvals for labels that have become the Administrator for approval. In the obsolete, accompanied by a statement case of lithographed labels, paper take- that such approvals are no longer de- offs in lieu of sections of the metal sired. The approvals shall be identified containers shall be submitted for ap- by the number, the date of approval, proval. Such paper take-offs shall not and the name of the product. be in the form of a negative but shall be a complete reproduction of the label § 355.37 Alteration or limitation of as it will appear on the package, in- statement of certification. cluding any color scheme involved. The statement of certification pro- (b) Inserts, tags, liners, pasters, and vided for by § 355.32(a)(4) shall not be al- like devices containing printed or tered, defaced, imitated, or simulated graphic matter for use on, or to be in any respect or used for the purpose placed within, containers and coverings of misrepresentation or deception. of certified products shall be submitted [25 FR 1357, Feb. 16, 1960. Redesignated at 30 for approval in the same manner as FR 4195, Mar. 31, 1965] provided for labels in paragraph (a) of this section, except that inspectors in PENALTIES charge may permit the use of such de- vices if they contain no reference to § 355.38 Withdrawal of service. the certified products and bear no mis- After opportunity for hearing before leading feature. a proper official of the Department has (c) Stencils, labels, box dies, and been accorded the operator of an in- brands may be used on shipping con- spected plant, the inspection, certifi- tainers, including tierces, barrels, cation, and identification provided for drums, boxes, crates, and large-size fi- in this part may be withdrawn from berboard containers, without approval such plant if the operator: (a) Persist- by the Administrator, provided the ently fails to comply with any provi- markings are applicable to the cer- sion of the regulations in this part or tified products, are not false or decep- of instructions or directions issued tive, and are used with the approval of thereunder; (b) makes any willful mis- the circuit supervisor. representation or engages in any fraud- (d) No certified product and no con- ulent or deceptive practice in connec- tainer thereof shall be labeled with any tion with the making of any applica- tion for service; (c) violates § 355.37; or false or deceptive term, and no state- (d) interferes with or obstructs any ment, word, picture, design, or device program employee in the performance which conveys any false impression or of his duties under the regulations in gives any false indication of the origin, this part by intimidation, threats, or quality, or quantity of the product other improper means. Pending final shall appear on any label. determination of the matter, the Ad- ministrator may suspend such inspec- § 355.35 Label information to be dis- played on principal panel. tion, certification, and identification without hearing in cases of willfulness The label information required by or those in which the public health, in- § 355.32 shall be displayed on the prin- terest, or safety requires such action. cipal panel or panels of the label except The operator of the inspected plant that label information other than the shall be notified of the Administrator’s name of the product and the ingredient decision to suspend such inspection, statement may be displayed on a panel certification or identification service, immediately adjacent to the principal and the reasons therefor, in writing, in panel or panels if such supplemental the manner prescribed in § 1.147(b) of panel consists of at least 20 percent of the rules of practice (7 CFR 1.147(b)), or the label and is reserved exclusively for orally. The Administrator’s decision to required labeling information. suspend such inspection, certification
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or identification service shall be effec- MULE MEAT AND ANIMAL FOOD, MULE tive upon such oral or written notifica- MEAT BY-PRODUCT tion, whichever is earlier, to the opera- tor of the plant. If such notification is § 355.41 Antemortem and postmortem oral, the Administrator shall confirm inspection for mules. such decision and the reasons therefor, (a)(1) An antemortem examination in writing, as promptly as cir- and inspection shall be made of all cumstances permit, and such written mules about to be slaughtered for use confirmation shall be served upon the in the preparation of products under operator of the inspected plant, in the this part, before their slaughter shall manner prescribed in § 1.147(b) of the be allowed for such use. Such inspec- rules of practice (7 CFR 1.147(b)). In tion shall be made on the day of other cases, prior to the institution of slaughter. proceedings for any withdrawal or sus- (2) Mules found on such inspection to pension, the facts or conduct which show symptoms of disease shall be set may warrant such action shall be apart and slaughtered separately. called to the attention of the operator Those found to be affected with stran- in writing and he shall be given an op- gles, purpura hemorrhagica, azoturia, portunity to demonstrate or achieve infectious equine encephalomyelitis, compliance with the requirements of toxic encephalomyelitis (forage poison- the regulations in this part and in- ing), infectious anemia (swamp fever), structions and directions issued there- dourine, acute influenza, generalized under. osteoporosis, glanders, farcy, or other [23 FR 10107, Dec. 23, 1958. Redesignated at 30 malignant disorder, acute inflam- FR 4195, Mar. 31, 1965, and amended at 43 FR matory lameness or extensive fistula, 11148, Mar. 17, 1978] shall be condemned and destroyed. Any mule which is suspected on ante- APPEALS mortem inspection of being infected with glanders shall be tested with § 355.39 Appeals from decisions made mallein, and any mule which on phys- under this part. ical examination is suspected of being Any appeal from a decision by an em- affected with dourine shall be held for ployee of the Program shall be made to further examination or for such test as his immediate superior having jurisdic- the Administrator may prescribe. tion over the subject matter of the ap- (b)(1) A careful postmortem examina- peal. tion and inspection shall be made of all carcasses and parts thereof of all mules REPORTS inspected under this section, at the time of slaughter. All carcasses and § 355.40 Plants to furnish information parts of mules found to be affected for reports. with any disease listed under para- Each day the operator of every in- graph (a) of this section shall be con- spected plant shall furnish the inspec- demned and destroyed. tor assigned to that plant with a state- (2) Other carcasses and parts of mules ment of the number of pounds of prod- found abnormal or diseased upon in- uct certified by the inspector. spection under this section shall be dis- (Approved by the Office of Management and posed of in accordance with such provi- Budget under control number 0583–0036) sions of the Meat Inspection Regula- tions (Subchapter A of this chapter) as [23 FR 10107, Dec. 23, 1958. Redesignated at 30 are deemed applicable by the Adminis- FR 4195, Mar. 31, 1965, and amended at 47 FR trator. 746, Jan. 7, 1982]
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§ 355.42 Marking of mule meat and tion, firm, partnership, society, or animal food mule meat by-product. joint stock company, or other orga- All mule meat and animal food mule nized business unit. meat by-product inspected under this (d) Poultry. ‘‘Poultry’’ means any mi- part shall be marked and identified as gratory water fowl, game bird or squab, the Administrator may require in any whether live or dead. particular case. (e) Poultry product. ‘‘Poultry prod- [25 FR 1357, Feb. 16, 1960. Redesignated at 30 uct’’ means any poultry carcass or part FR 4195, Mar. 31, 1965, and amended at 32 FR thereof; or any human food product 13115, Sept. 15, 1967] which is made wholly or in part from any poultry carcass or part thereof; or § 355.43 Scope and applicability of any human food product which is made rules of practice. wholly or in part from the carcass of The rules of practice of the Depart- any domesticated bird (chickens, tur- ment of Agriculture in subpart H of keys, ducks, geese, or guineas) and is part I, subtitle A, title 7 of the Code of excepted from the inspection require- Federal Regulations, are the rules of ments of the Poultry Products Inspec- practice applicable to adjudicatory, tion Act (21 U.S.C. 451 et seq.). admininstrative proceedings under the regulations in this part (9 CFR part § 362.2 Types and availability of serv- 355). ice. [43 FR 11148, Mar. 17, 1978] Upon application, in accordance with § 362.3, the following types of service PART 362—VOLUNTARY POULTRY may be furnished under the regulations INSPECTION REGULATIONS in this part: (a) Inspection service. An inspection Sec. and certification service for whole- 362.1 Definitions. someness relating to the slaughter and 362.2 Types and availability of service. 362.3 Application for service. processing of poultry and the process- 362.4 Denial or withdrawal of service. ing of poultry products. All provisions 362.5 Fees and charges. of subchapter C of this chapter shall
AUTHORITY: 7 U.S.C. 1622, 1624; 7 CFR 2.17 apply to the slaughter of poultry, and (g) and (i), 2.55. the preparation, labeling, and certifi- cation of the poultry and poultry prod- SOURCE: 41 FR 23715, June 11, 1976, unless otherwise noted. ucts processed under this poultry in- spection service except for the follow- § 362.1 Definitions. ing provisions: §§ 381.1(b)(2), 381.1(b)(5), The definitions in § 381.1 are incor- 381.1(b)(26), 381.1(b)(28), 381.1(b)(40), porated in this part except for the defi- 381.1(b)(41), 381.1(b)(42), 381.1(b)(46), nitions found in §§ 381.1(b)(2), 381.1(b)(5), 381.1(b)(56), 381.3(a), 381.6, 381.10, 381.13– 381.1(b)(26), 381.1(b)(28), 381.1(b)(40), 381.17, 381.21, 381.29, 381.39–381.42, 381.1(b)(41), 381.1(b)(42), 381.1(b)(46), and 381.175(a)(2), 381.175(a)(3), 381.179, 381.1(b)(56) which are excluded in 381.185–381.187, 381.192, and 381.195– § 362.2(a). In addition to those defini- 381.225. tions, the following definitions will be (b) Export certification service. At applicable to the regulations in this the request of any person intending to part: export any slaughtered poultry or poul- (a) Act. ‘‘Act’’ means the Agricul- try product, inspectors may make cer- tural Marketing Act of 1946, as amend- tification regarding products for ed (60 Stat. 1087, as amended; 7 U.S.C. human food purposes, to be exported, 1621 et seq.). as meeting conditions or standards (b) Inspector. ‘‘Inspector’’ means any that are not imposed or are in addition officer or employee of the Department to those imposed by the regulations in authorized to perform any duties under the regulations in this part. part 381 of this chapter and the laws (c) Person. ‘‘Person’’ means any indi- under which such regulations were vidual, corporation, company, associa- issued.
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