9 C.F.R. PART 312—OFFICIAL MARKS, DEVICES AND CERTIFICATES


Title 9 - Animals and Animal Products


Title 9: Animals and Animal Products

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PART 312—OFFICIAL MARKS, DEVICES AND CERTIFICATES

Section Contents
§ 312.1   General.
§ 312.2   Official marks and devices to identify inspected and passed products of cattle, sheep, swine, or goats.
§ 312.3   Official marks and devices to identify inspected and passed equine products.
§ 312.4   Official ante-mortem inspection marks and devices.
§ 312.5   Official seals for transportation of products.
§ 312.6   Official marks and devices in connection with post-mortem inspection and identification of adulterated products and insanitary equipment and facilities.
§ 312.7   [Reserved]
§ 312.8   Official export inspection marks, devices, and certificates.
§ 312.9   Official detention marks and devices.
§ 312.10   Official mark for maintaining the identity and integrity of samples.


Authority:  21 U.S.C. 601–695; 7 CFR 2.17, 2.55.

Source:  35 FR 15573, Oct. 3, 1970, unless otherwise noted.

§ 312.1   General.
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The marks, devices, and certificates prescribed or referenced in this part shall be official marks, devices, and certificates for purposes of the Act, and shall be used in accordance with the provisions of this part and the regulations cited therein.

§ 312.2   Official marks and devices to identify inspected and passed products of cattle, sheep, swine, or goats.
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(a) The official inspection legend required by part 316 of this subchapter to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the Administrator, shall be in the appropriate form as hereinafter specified:1

1 The number “38” is given as an example only. The establishment number of the official establishment where the product is prepared shall be used in lieu thereof.

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For application to sheep carcasses, the loins and ribs of pork, beef tails, and the smaller varieties of sausage and meat food products in animal casings.

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For application to calf and goat carcasses and on the larger varieties of sausage and meat food products in animal casings.

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For application to beef and hog carcasses primal parts and cuts therefrom, beef livers, beef tongues, beef hearts, and smoked meats not in casings.

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For application to burlap, muslin, cheesecloth, heavy paper, or other acceptable material that encloses carcasses or parts of carcasses.

(b)(1) The official inspection legend required by part 317 of this subchapter to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form1 except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible and the same proportions of letter size and boldness are maintained as illustrated:

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(2) This official mark shall be applied by mechanical means and shall not be applied by a hand stamp.

(3) The official inspection legend described in paragraph (b)(1) of this section may also be used for purposes of part 316 of this subchapter on shipping containers, band labels, artificial casings, and other articles with the approval of the Administrator.

(c) Any brand, stamp, label, or other device approved by the Administrator and bearing any official mark prescribed in paragraphs (a) or (b) of this section shall be an official device for purposes of the Act.

[35 FR 15573, Oct. 3, 1970; 36 FR 12002, June 24, 1971]

§ 312.3   Official marks and devices to identify inspected and passed equine products.
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(a) The official inspection legend required by §316.12 or §317.2 of this subchapter to identify inspected and passed horse carcasses and parts of carcasses, or horse meat food products shall be in the appropriate form as hereinafter specified:1

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(b) The official inspection legend required by §316.12 or §317.2 of this subchapter to identify inspected and passed mule and other (nonhorse) equine carcasses and parts of carcasses, or equine meat food products shall be in whichever of the following form, is appropriate:1

1 The number “38” is given as an example only. The establishment number of the official establishment where the product is prepared shall be used in lieu thereof.

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(c) Any brand, stamp, label, or other device approved by the Administrator and bearing any official mark prescribed in paragraphs (a) or (b) of this section shall be an official device for purposes of the Act.

§ 312.4   Official ante-mortem inspection marks and devices.
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The official marks and devices used in connection with ante-mortem inspection are those prescribed in §309.18 of this subchapter.

§ 312.5   Official seals for transportation of products.
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The official mark for use in sealing railroad cars or other means of conveyance as prescribed in part 325 of this subchapter shall be the inscription and a serial number as hereinafter shown2 and any seal approved by the Administrator for applying such mark shall be an official device for purposes of the Act. This seal shall be attached to the means of conveyance only by a Program employee and he shall also affix thereto a “Warning Tag” (Form MP–408–3).

2 The number “2135202” is given as an example only. The serial number of the specific seal will be shown in lieu thereof.

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[35 FR 15573, Oct. 3, 1970, as amended at 39 FR 36000, Oct. 7, 1974; 51 FR 37707, Oct. 24, 1986]

§ 312.6   Official marks and devices in connection with post-mortem inspection and identification of adulterated products and insanitary equipment and facilities.
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(a) The official marks required by parts 310 and 416 of this chapter for use in post-mortem inspection and identification of adulterated products and insanitary equipment and facilities are:

(1) The tag (Form MP–427) which is used to retain carcasses and parts of carcasses in the slaughter department; it is black and white, and bears the legend “U.S. Retained.”

(2) The “U.S. Retained” mark which is applied to products and articles as prescribed in part 310 of this subchapter by means of a paper tag (Form MP–35) bearing the legend “U.S. Retained.”

(3) The “U.S. Rejected” mark which is used to identify insanitary buildings, rooms, or equipment as prescribed in part 416, section 6, of this chapter and is applied by means of a paper tag (Form MP–35) bearing the legend “U.S. Rejected.”

(4) The “U.S. Passed for Cooking” mark is applied on products passed for cooking as prescribed in part 310 of this subchapter by means of a brand and is in the following form:

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(5) The “U.S. Inspected and Condemned” mark shall be applied to products condemned as prescribed in part 310 by means of a brand and is in the following form:

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(b) The “U.S. Retained” and “U.S. Rejected” tags, and all other brands, stamps, labels, and other devices approved by the Administrator and bearing any official mark prescribed in paragraph (a) of this section, shall be official devices for purposes of the Act.

[35 FR 15573, Oct. 3, 1970, as amended at 38 FR 29214, Oct. 23, 1973; 39 FR 36000; Oct. 7, 1974; 43 FR 29268, July 7, 1978; 64 FR 36415, Oct. 20, 1999; 65 FR 2284, Jan. 14, 2000]

§ 312.7   [Reserved]
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§ 312.8   Official export inspection marks, devices, and certificates.
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(a) The official export meat inspection mark required by part 322 of this subchapter shall be in the following form as hereinafter specified:1

1 The number “529893” is given as an example only. The number of the official export certificate will be shown in lieu thereof.

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Any rubber stamp approved by the Administrator, in the manner provided for in part 317 of this subchapter, and bearing the official mark prescribed in this paragraph shall be an official device for the purposes of the Act.

(b) The official export certificate required by part 322 of this subchapter is a paper certificate form for signature by a Program employee, bearing a letterhead and the seal of the United States Department of Agriculture, with a certification that meat or meat food products described on the form is from animals that received ante-mortem and post-mortem inspection and were found sound and healthy and that it has been inspected and passed as provided by law and the regulations of the Department of Agriculture and is sound and wholesome. The certificate also bears a serial number such as “No. 184432.”

[35 FR 15573, Oct. 3, 1970, as amended at 42 FR 11825, Mar. 1, 1977; 47 FR 29823, July 9, 1982]

§ 312.9   Official detention marks and devices.
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The official mark for articles and livestock detained under part 329 of this subchapter shall be the designation “U.S. Detained” and the official device for applying such mark shall be the official “U.S. Detained” tag (FSIS Form 8400–2) as prescribed in §329.2 of this subchapter.

[55 FR 47842, Nov. 16, 1990]

§ 312.10   Official mark for maintaining the identity and integrity of samples.
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The official mark for use in sealing containers of samples submitted under any requirements in this subchapter and section 202 of the Federal Meat Inspection Act shall bear the designation “Sample Seal” accompanied by the official USDA logo as shown below. Any seal approved by the Administrator for applying such mark shall be deemed an official device for purposes of the Act. Such device shall be supplied to inspectors, compliance officers, and other designated Agency officials by the United States Department of Agriculture.

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[52 FR 41958, Nov. 2, 1987]

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