9 C.F.R. Subpart V—Special Provisions for Designated States and Territories; Criteria and Procedure for Designating Establishments With Operations Which Would Clearly Endanger the Public Health; Disposition of Poultry Products Therein
Title 9 - Animals and Animal Products
For purposes of this subpart, the term “State” means any State (including the Commonwealth of Puerto Rico) or organized territory. Each of the following States has been designated, under paragraph 5(c) of the Act, as a State in which the provisions of sections 1 through 4, 6 through 10, and 12 through 22 of the Act shall apply to operations and transactions wholly within the State. The Federal provisions apply, effective on the dates shown below: [42 FR 2949, Jan. 14, 1977, as amended at 42 FR 13270, Mar. 10, 1977; 43 FR 29269, July 7, 1978; 44 FR 55809, Sept. 28, 1979; 46 FR 43829, Sept. 1, 1981; 53 FR 20101, June 2, 1988; 55 FR 36609, Sept. 6, 1990; 56 FR 8909, Mar. 4, 1991; 60 FR 49495, Sept. 26, 1995; 60 FR 54414, Oct. 24, 1995; 62 FR 61010, Nov. 14, 1997; 64 FR 37667, July 13, 1999; 65 FR 6887, Feb. 11, 2000; 66 FR 2207, Jan. 11, 2001; 67 FR 61768, Oct. 2, 2002; 70 FR 35166, June 17, 2005] The provisions of the regulations in this part apply to operations and transactions wholly within each State designated in §381.221 under paragraph 5(c) of the Act, except as otherwise provided in this section. (The provisions of the regulations apply in all respects to operations and transactions in or for commerce.) (a) Each establishment located in such a designated State, shall be granted inspection required under §381.6(b) only if it is found, upon a combined evaluation of its premises, facilities, and operating procedures, to be capable of producing products that are not adulterated or misbranded. (b) Section 381.26 will apply to establishments required to have inspection under §381.6(b), except that existing interconnections between official and unofficial establishments or between official establishments will be permitted if it is determined in specific cases that the interconnections are such that transfer of inedible poultry product into the official establishment would be difficult or unusual, and any such transfers are strictly prohibited, except as permitted under other provisions of the regulations. It is essential that separation of facilities be maintained to the extent necessary to assure that inedible poultry product does not enter the official establishment contrary to the regulations. (c) Sections 381.49 and 381.51 shall apply to such establishments, except that separate facilities for men and women workers will not be required when the majority of the workers in the establishment are related by blood or marriage, provided that this will not conflict with municipal or State requirements; and except that separation of toilet soil lines from house drainage lines to a point outside the buildings will not be required in existing construction when positive acting backflow devices are installed. (d) Subpart N of this part shall apply to such establishments except as provided in this paragraph (d). (1) The operator of each such establishment shall, prior to the inauguration of inspection, identify all labeling and marking devices in use, or proposed for use (upon the date of inauguration of inspection) to the Circuit Supervisor in which the establishment is located. Temporary approval, pending formal approval under §381.132, will be granted by the Circuit Supervisor for labeling and marking devices that he determines are neither false nor misleading, provided the official inspection legend bearing the official establishment number is applied to the principal display panel of each label, either by a mechanical printing device or a self-destructive pressure sensitive sticker, and provided the label shows the true product name, an accurate ingredient statement, the name and address of the manufacturer, packer, or distributor, and any other features required by paragraph 4(h) of the Act. (2) The Circuit Supervisor will forward one copy of each item of labeling and a description of each marking device for which he has granted temporary approval to the Washington, DC; office of the Labels and Packaging Staff and will retain one copy in a temporary approval file for the establishment. (3) The operator of the official establishment shall promptly forward a copy of each item of labeling and a description of each marking device for which temporary approval has been granted by the Circuit Supervisor (showing any modifications required by the Circuit Supervisor) to the Labels and Packaging Staff, Meat and Poultry Inspection Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, accompanied by the formula and details of preparation and packaging for each product. Within 90 days after inauguration of inspection, all labeling material and marking devices temporarily approved by the Circuit Supervisor must receive approval as required by §381.132 or their use must be discontinued. (4) The Circuit Supervisor will also review all shipping containers to insure that they do not have any false or misleading labeling and are otherwise not misbranded. Modifications of unacceptable information on labeling material by the use of pressure sensitive tape of a type that cannot be removed without visible evidence of such removal, or by blocking out with an ink stamp will be authorized on a temporary basis to permit the maximum allowable use of all labeling materials on hand. All unacceptable labeling material which is not modified to comply with the requirements of the regulations must be destroyed or removed from the official establishment. (e) Sections 381.175 through 381.179 apply to operations and transactions not in or for commerce in a State designated under paragraph 5(c) only if the State is also designated under section 11 of the Act and if such provisions are applicable as shown in §381.224. (f) Section 381.185(a) will not apply to States designated under paragraph 5(c) of the Act. (g) Provisions of this part relating to exports and imports do not apply to operations and transactions solely in or for intrastate commerce. [37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974; 62 FR 45027, Aug. 25, 1997] Upon the effective date of designation of a State under paragraph 5(c) of the Act, no poultry products can be processed within the State unless they are prepared under inspection pursuant to the regulations or are exempted from the requirement of inspection under §381.10, and no unexempted poultry products which were processed without any inspection can lawfully be distributed within the State. For a period of 90 days from the effective date of such designation, poultry products which were processed in any State listed in §381.187 and inspected and passed under the supervision of a responsible State or local inspection agency or exempted from State inspection can be distributed solely within the State, provided they are not adulterated or misbranded, except that the official inspection legend shall not be used. Such products may not enter official establishments. After said 90-day period, only federally inspected and passed products may be distributed within the designated State, except as provided in §381.10. Each of the following States has been designated, effective on the date shown below, under section 11 of the Act, as a State in which the provisions of the sections of the Act and regulations specified below shall apply to operators engaged, other than in or for commerce, in the kinds of business indicated below: [37 FR 9706, May 16, 1972; 65 FR 6888, Feb. 11, 2000] Editorial Note: For (a) An establishment in any State not listed in §381.221 that is preparing poultry products solely for distribution within such State shall be designated as one producing adulterated products which would clearly endanger the public health, if: (1) Any poultry product processed at the establishment is adulterated in any of the following respects: (i) It bears or contains a pesticide chemical, food additive, or color additive, that is “unsafe” within the meaning of section 408, 409, or 706 of the Federal Food, Drug, and Cosmetic Act or was intentionally subjected to radiation in a manner not permitted under section 409 of said Act; or if it bears or contains any other added poisonous or added deleterious substance which may render it injurious to health or make it unfit for human food; or (ii) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food (for example, it was prepared from a poultry carcass or other ingredients exhibiting spoilage characteristics); or it is, or was prepared from, a poultry carcass which would be required to be condemned under subpart K at official establishments; or (iii) It has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or may have been rendered injurious to health (for example, if insects or vermin are not effectively controlled at the establishment, or insanitary water is used in preparing poultry products for human food); or (iv) It is, in whole or in part, the product of poultry that died otherwise than by slaughter; or (v) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; and (2) Such adulterated articles are intended to be or are distributed from the establishment while capable of use as human food. (b) When any such establishment is identified by an inspector as one producing adulterated poultry products which would clearly endanger public health under the criteria in paragraph (a) of this section, the following procedure will be followed: (1) The inspector will informally advise the operator of the establishment concerning the deficiencies found by him and report his findings to the appropriate Regional Director for the Inspection Service. When it is determined by the Regional Director that any establishment preparing poultry products solely for distribution within any State is producing adulterated poultry products for distribution within such State which would clearly endanger the public health, written notification thereof will be issued to the appropriate State officials, including the Governor of the State and the appropriate Advisory Committee, for effective action under State or local law to prevent such endangering of the public health. Such written notification shall clearly specify the deficiencies deemed to result in the production of adulterated poultry products and shall specify a reasonable time for such action under State or local law. (2) If effective action is not taken under State or local law within the specified time, written notification shall be issued by the Regional Director to the operator of the establishment, specifying the deficiencies involved and allowing him 10 days to present his views or make the necessary corrections, and notifying him that failure to correct such deficiencies may result in designation of the establishment and operator thereof as subject to the provisions of sections 1 through 4, 6 through 10, and 12 through 22 of the Act as though engaged in commerce. (3) Thereafter the inspector shall survey the establishment and designate it if he determines, in consultation with the Regional Director, that it is producing adulterated poultry products, which would clearly endanger the public health, and formal notice of such designation will be issued to the operator of the establishment by the Regional Director. (c) Poultry products on hand at the time of designation of an establishment under this section are subject to retention or detention, and seizure and condemnation in accordance with §381.145 or subpart U of this part: Provided, That poultry products that have been federally inspected and so identified and that have not been further prepared at any nonfederally inspected establishment may be released for distribution if the products appear to be not adulterated or misbranded at the time of such release. (d) No establishment designated under this section can lawfully prepare any poultry products unless it first obtains inspection or qualifies for exemption under §381.10 of this subpart. All other provisions of the regulations shall apply to establishments designated under this section to the same extent and in the same manner as if they were engaged in commerce, except that the exceptions provided for in §381.222 shall apply to such establishments.
Title 9: Animals and Animal Products
PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS
Subpart V—Special Provisions for Designated States and Territories; Criteria and Procedure for Designating Establishments With Operations Which Would Clearly Endanger the Public Health; Disposition of Poultry Products Therein
§ 381.220 Definition of “State”.
§ 381.221 Designation of States under paragraph 5(c) of the Act.
------------------------------------------------------------------------ Effective date of States application of Federal provisions------------------------------------------------------------------------Alaska.................................... July 31, 1999.Arkansas.................................. Jan. 2, 1971.California................................ Apr. 1, 1976.Colorado.................................. Jan. 2, 1971.Connecticut............................... Oct. 1, 1975.Florida................................... Dec. 2, 1997.Georgia................................... Jan. 2, 1971.Guam...................................... Jan. 21, 1972.Hawaii.................................... Nov. 1, 1995.Idaho..................................... Jan. 2, 1971.Kentucky.................................. July 28, 1971.Maryland.................................. Mar. 31, 1991.Massachusetts............................. Jan. 12, 1976.Michigan.................................. Jan. 2, 1971.Nebraska.................................. July 28, 1971.Nevada.................................... July 1, 1973.New Hampshire............................. Aug. 6, 1978New Jersey................................ Do.New York.................................. Apr. 10, 1977.Northern Mariana Islands.................. Oct. 29, 1979.Oregon.................................... Jan. 2, 1971.Pennsylvania.............................. Oct. 31, 1971.Puerto Rico............................... Jan. 17, 1972.Rhode Island.............................. Oct. 1, 1981.South Dakota.............................. Jan. 2, 1971.Tennessee................................. Oct. 1, 1975.Virgin Islands............................ Nov. 27, 1971.Washington................................ June 1, 1973.------------------------------------------------------------------------
§ 381.222 States designated under paragraph 5(c) of the Act; application of regulations.
§ 381.223 Control and disposition of nonfederally inspected poultry products in States designated under paragraph 5(c) of the Act.
§ 381.224 Designation of States under section 11 of the Act; application of sections of the Act and the regulations.
----------------------------------------------------------------------------------------------------------------Paragraphs of act and regulations Classes of operators State Effective date----------------------------------------------------------------------------------------------------------------Act, 11(b): §§ 381.175- Persons engaged (not in or for Alaska............... July 31, 1999. 381.178. commerce) in (1) the business of Arkansas............. Apr. 1, 1976. slaughtering any poultry or California........... July 1, 1975. processing, freezing, packaging, Colorado............. Oct. 1, 1975. or labeling any poultry Connecticut.......... Nov. 12, 1976. carcasses, or parts or products Georgia.............. Nov. 19, 1976. thereof, for use as human food Guam................. Nov. 12, 1976. or animal food; (2) the business Idaho................ Apr. 18, 1973. of buying or selling (as a Kentucky............. Nov. 12, 1976. poultry products broker, Maryland............. Jan. 12, 1976. wholesaler, or otherwise), Massachusetts........ Nov. 12, 1976. transporting or storing any Michigan............. Jan. 31, 1975. poultry carcasses, or parts or Nebraska............. Jan. 31, 1975. products thereof; or (3) Nevada............... Oct. 29, 1979. business as a renderer or in the New Hampshire........ July 1, 1975. business of buying, selling, or New Jersey........... July 16, 1975. transporting any dead, dying, New York............. July 23, 1973. disabled, or diseased poultry or Northern Mariana Oct. 29, 1979. parts of carcasses of any Islands. Jan. 31, 1975. poultry that died otherwise than Oregon............... ................... by slaughter. Pennsylvania......... May 2, 1974. Puerto Rico.......... Nov. 19, 1976. Rhode Island......... Mar. 29, 1982. South Dakota......... Nov. 12, 1976. Tennessee............ Oct. 1, 1975. Virgin Islands....... Nov. 19, 1976. Washington........... Jan. 31, 1975. Nov. 12, 1976.Act, 11(c); § 381.179....... Persons engaged (not in or for Alaska............... July 31, 1999. commerce) in business as a Arkansas............. Apr. 1, 1976. poultry products broker; California........... July 1, 1975. renderer; animal food Colorado............. Oct. 1, 1975. manufacturer; wholesaler or Connecticut.......... Nov. 12, 1976. public warehouseman of poultry Georgia.............. Nov. 19, 1976. carcasses, or parts or products Guam................. Nov. 12, 1976. thereof; or buying, selling, or Idaho................ Apr. 18, 1973. transporting dead, dying, Kentucky............. Nov. 12, 1976. disabled, or diseased poultry or Maryland............. Jan. 12, 1976. parts of carcasses of any Massachusetts........ Nov. 12, 1976. poultry that died otherwise than Michigan............. Jan. 31, 1975. by slaughter. Nebraska............. Jan. 31, 1975. Nevada............... Oct. 29, 1979. New Hampshire........ July 1, 1975. New Jersey........... July 16, 1975. New York............. July 23, 1973. Northern Mariana Oct. 29, 1979. Islands. Jan. 31, 1975. Oregon............... ................... Pennsylvania......... May 2, 1974. Puerto Rico.......... Nov. 19, 1976. Rhode Island......... Mar. 29, 1982. South Dakota......... Nov. 12, 1976. Tennessee............ Oct. 1, 1975. Virgin Islands....... Nov. 19, 1976. Washington........... Jan. 31, 1975. Nov. 12, 1976.Act, 11(d); 381.194.............. Persons engaged (not in or for Alaska............... July 31, 1999. commerce) in the business of Arkansas............. Nov. 12, 1976. buying, selling or transporting Georgia.............. Nov. 19, 1976. any dead, dying, disabled or Guam................. Nov. 12, 1976. diseased poultry, or parts or Idaho................ Nov. 12, 1976. carcasses of any poultry that Maryland............. Nov. 12, 1976. died otherwise than by slaughter. Michigan............. Oct. 29, 1979. New Hampshire........ Oct. 29, 1979. Northern Mariana Nov. 19, 1976. Islands. ................... Puerto Rico.......... Mar. 29, 1982. Rhode Island......... Nov. 12, 1976. South Dakota......... Nov. 19, 1976. Virgin Islands....... Nov. 12, 1976.----------------------------------------------------------------------------------------------------------------
§ 381.225 Criteria and procedure for designating establishments with operations which would clearly endanger the public health; disposition of poultry products therein.
