This electronic document was downloaded from the GPO web site, November 2003,
and is provided for information purposes only. The Code of Federal Regulations,
Title 9, is updated January 1 of each year.
The most current version of the regulations may be found at the
GPO web site.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.1]
[Page 417-422]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart A--Definitions
Sec. 381.1 Definitions.
(a) For the purposes of the regulations in this part, unless
otherwise required by the context, the singular form shall also import
the plural and the masculine form shall also import the feminine, and
vice versa.
(b) For the purposes of such regulations, unless otherwise required
by the context, the following terms shall be construed, respectively, to
mean:
Acceptable. "Acceptable" means suitable for the purpose intended
and acceptable to the Administrator.
Act. "Act" means the Poultry Products Inspection Act (71 Stat.
441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21
U.S.C. 451 et seq.).
Administrator. "Administrator" means the Administrator of the Food
Safety and Inspection Service of the Department or any other officer or
employee of the Department to whom there has heretofore been delegated,
or to whom there may hereafter be delegated the authority to act in his
stead.
Adulterated. "Adulterated" applies to any poultry product under
one or more of the following circumstances:
(i) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is
not an added substance, such article shall not be considered adulterated
under this clause if the quantity of such substance in or on such
article does not ordinarily render it injurious to health;
(ii)(a) If it bears or contains (by reason of administration of any
substance to the live poultry or otherwise) any added poisonous or added
deleterious substance (other than one which is a pesticide chemical in
or on a raw agricultural commodity; a food additive; or a color
additive) which may, in the judgment of the Administrator, make such
article unfit for human food;
[[Page 418]]
(b) If it is, in whole or part, a raw agricultural commodity and
such commodity bears or contains a pesticide chemical which is unsafe
within the meaning of section 408 of the Federal Food, Drug, and
Cosmetic Act;
(c) If it bears or contains any food additive which is unsafe within
the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
(d) If it bears or contains any color additive which is unsafe
within the meaning of section 706 of the Federal Food, Drug, and
Cosmetic Act:
Provided, That an article which is not otherwise deemed adulterated
under paragraphs (b)(4)(ii) (b), (c), or (d) of this section shall
nevertheless be deemed adulterated if use of the pesticide chemical,
food additive, or color additive in or on such article is prohibited by
the regulations in this part in official establishments;
(iii) If 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;
(iv) If it has been prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;
(v) If it is, in whole or in part, the product of any poultry which
has died otherwise than by slaughter;
(vi) If its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health;
(vii) If it has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a regulation or
exemption in effect pursuant to section 409 of the Federal Food, Drug,
and Cosmetic Act; or
(viii) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; or if any substance has been
substituted, wholly or in part therefor; or if damage or inferiority has
been concealed in any manner; or if any substance has been added thereto
or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength, or make it appear better or of greater
value than it is.
Animal food. Any article intended for use as food for dogs, cats, or
other animals, derived wholly, or in part, from carcasses or parts or
products of the carcass of poultry, except that the term animal food as
used herein does not include (i) processed dry animal food or (ii)
livestock or poultry feeds manufactured from processed poultry
byproducts (such as poultry byproduct meal, hydrolyzed poultry feathers,
and hydrolyzed poultry byproducts aggregate).
Animal food manufacturer. "Animal Food Manufacturer" means any
person engaged in the business of manufacturing or processing animal
food.
Applicant. "Applicant" means any person who requests inspection
service, exemption, or other authorization under the regulations.
Biological residue. "Biological Residue" means any substance,
including metabolites, remaining in poultry at the time of slaughter or
in any of its tissues after slaughter, as the result of treatment or
exposure of the live poultry to a pesticide, organic compound, metallic
or other inorganic compound, hormone, hormone-like substance, growth
promoter, antibiotic, anthelmintic, tranquilizer, or other agent that
leaves a residue.
Capable of use as human food. The term "capable of use as human
food" applies to any carcass, or part or product of a carcass of any
poultry, unless it is denatured or otherwise identified as required by
the regulations, or it is naturally inedible by humans.
Carcass. This term means all parts, including viscera, of any
slaughtered poultry.
Circuit supervisor. This term refers to the official of the
Inspection Service who is assigned responsibility for supervising the
conduct of inspection at a specific group of official establishments.
Commerce. "Commerce" means commerce between any State, any
territory, or the District of Columbia, and any place outside thereof;
or within any territory not organized with a legislative body, or the
District of Columbia.
Consumer package. "Consumer package" means any container in which
a
[[Page 419]]
poultry product is enclosed for the purpose of display and sale to
household consumers.
Container. The term "container" includes any box, can, tin, cloth,
plastic, or any other receptacle, wrapper, or cover.
Department. "Department" means the United States Department of
Agriculture.
Edible. This term means that an article is intended for use as human
food.
Egg Products Inspection Act. "Egg Products Inspection Act" means
the Act so entitled, approved December 29, 1970 (84 Stat. 1620, 21
U.S.C. 1031 et seq.).
Federal Food, Drug, and Cosmetic Act. "Federal Food, Drug, and
Cosmetic Act" means the Act so entitled, approved June 25, 1938 (52
Stat. 1040), and acts amendatory thereof or supplementary thereto (21
U.S.C. 301 et seq.).
Federal Meat Inspection Act. "Federal Meat Inspection Act" means
the Act so entitled, approved March 4, 1907, 34 Stat. 1260, as amended
by the Wholesome Meat Act, 81 Stat. 584 (21 U.S.C. 601 et seq.).
Free from protruding pinfeathers. "Free from protruding
pinfeathers" means that the carcass is free from protruding pinfeathers
which are visible to an inspector during an examination of the carcass
at normal operating speeds. However, a carcass may be considered as
being free from protruding pinfeathers if it has a generally clean
appearance (especially on the breast), and if not more than an
occasional protruding pinfeather is in evidence during a more careful
examination of the carcass.
Giblets. "Giblets" means the liver from which the bile sac has
been removed, the heart from which the pericardial sac has been removed,
and the gizzard from which the lining and contents have been removed:
Provided, That each such organ has been properly trimmed and washed.
Immediate container. "Immediate container" includes any consumer
package; or any other container in which poultry products, not consumer
packaged, are packed.
Import Field Office (IFO). The office of the supervisor of import
inspection activities for a particular importing field area. The areas
are as follows:
IFO 1. Boston, MA--Covering the States of Massachusetts,
New York (excluding New York City), Connecticut, Rhode Island, Vermont,
New Hampshire, and Maine.
IFO 2. New York, NY--Covering the areas of New York City
and northern New Jersey.
IFO 3. Philadelphia, PA--Covering the State of Pennsylvania
and the area of southern New Jersey.
IFO 4. Baltimore, MD--Covering the States of Maryland,
Delaware, West Virginia, Virginia and Kentucky.
IFO 5. Charleston, SC--Covering the States of Tennessee,
North Carolina, South Carolina, Georgia, and Florida (excluding south
Florida).
IFO 6. Miami, FL--Covering the areas of southern Florida,
Puerto Rico and the Virgin Islands.
IFO 7. New Orleans, LA--Covering the States of Louisiana,
Mississippi, Alabama, Arkansas, Texas, Oklahoma, Kansas, New Mexico and
Colorado.
IFO 8. San Pedro, CA--Covering the States of Hawaii,
Arizona, Utah, Nevada, the area of southern California, American Samoa,
Guam, and the Northern Marianas.
IFO 9. Tacoma, WA--Covering the States of Washington,
Oregon, Idaho, Montana, Wyoming, North Dakota, South Dakota, Alaska, and
Nebraska, and the area of northern California.
IFO 10. Detroit, MI--Covering the States of Michigan,
Wisconsin, Minnesota, Iowa, Missouri, Illinois, Indiana and Ohio.
Import Supervisor. The official in charge of import inspection
activities within each of the import field offices.
Inedible. This term means any carcass or any part of a carcass that
is either naturally inedible by humans or is rendered unfit for human
food by reason of adulteration or denaturing.
Inspected for wholesomeness. This term means that the poultry
product so identified has been inspected and was found at the time of
such inspection to be not adulterated.
Inspection. "Inspection" means any inspection required by the
regulations to determine whether any poultry or poultry products comply
with the requirements of the Act and the regulations.
Inspection Service. "Inspection Service" means the organizational
unit within the Department having the responsibility for carrying out
the provisions of the Act.
[[Page 420]]
Inspection Service employee. This term refers to any employee of the
Inspection Service who is authorized to perform any function under the
regulations.
Inspection Service supervisor. This term refers to any employee of
the Inspection Service who is delegated authority to exercise
supervision over certain phases of the inspection program at a
designated level. \1\
---------------------------------------------------------------------------
\1\ Information identifying the employees who have been delegated
such authority at various levels may be obtained from an inspector or
from the Administrator, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------
Inspector. "Inspector" means (a) an employee or official of the
U.S. Government authorized by the Administrator to inspect poultry and
poultry products under the authority of this Act, or (b) any employee or
official of the government of any State or Territory or the District of
Columbia authorized by the Administrator to inspect poultry and poultry
products under the authority of this Act, under an agreement entered
into between the Administrator and the appropriate State or other
agency.
Inspector in Charge. This term means the inspector primarily
responsible for the conduct of inspection at any particular official
establishment.
Label. This term applies to any display of written, printed, or
graphic matter upon any article or the immediate container (not
including package liners) of any article.
Labeling. This term applies to all labels and other written,
printed, or graphic matter (i) upon any article or any of its containers
or wrappers, or (ii) accompanying such article.
Misbranded. This term applies to any poultry product under one or
more of the following circumstances:
(i) If its labeling is false or misleading in any particular;
(ii) If it is offered for sale under the name of another food;
(iii) If it is an imitation of another food, unless its label bears,
in type of uniform size and prominence, the word "imitation" and
immediately thereafter, the name of the food imitated;
(iv) If its container is so made, formed, or filled as to be
misleading;
(v) If in a package or other container, unless it bears a label
showing:
(a) The name and place of business of the manufacturer, packer, or
distributor; and
(b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count; except as otherwise provided in
Sec. 381.121(a) with respect to the quantity of contents;
(vi) If any word, statement, or other information required by or
under authority of the Act to appear on the label or other labeling is
not prominently placed thereon with such conspicuousness (as compared
with other words, statements, designs, or devices, in the labeling) and
in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use;
(vii) If it purports to be or is represented as a food for which a
definition and standard of identity or composition is prescribed by the
regulations in subpart P of this part unless:
(a) It conforms to such definition and standard, and
(b) Its label bears the name of the food specified in the definition
and standard, and insofar as may be required by such regulations, the
common names of optional ingredients (other than spices, flavoring, and
coloring) present in such food.
(viii) If it purports to be or is represented as a food for which a
standard or standards of fill of container have been prescribed by
regulations of the Secretary, \2\ and falls below the standard of fill
of container applicable thereto, unless its label bears, in such manner
and form as such regulations specify, a statement that it falls below
such standard;
---------------------------------------------------------------------------
\2\ No such standards are currently in effect. However, Sec. 381.129
prohibits the use of false or misleading containers.
---------------------------------------------------------------------------
(ix) If it is not subject to the provisions of paragraph (b)(vii) of
this section, unless its label bears:
(a) The common or usual name of the food, if any there be, and
(b) In case it is fabricated from two or more ingredients, the
common or
[[Page 421]]
usual name of each ingredient, except as otherwise provided in
Sec. 381.118(c);
(x) If it purports to be or is represented for special dietary uses,
unless the label bears such information concerning its vitamin, mineral,
and other dietary properties as is required by Sec. 381.124;
(xi) If it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears a label stating that
fact; except as otherwise provided in Sec. 381.119, or
(xii) If it fails to bear, directly thereon or on its containers,
when required by Sec. 381.123, the official inspection legend and the
official establishment number of the establishment where the product was
processed; and unrestricted by any of the foregoing; such other
information as the Administrator may require in the regulations to
assure that it will not have false or misleading labeling and that the
public will be informed of the manner of handling required to maintain
the article in a wholesome condition.
Nonfood compounds. Any substance proposed for use in official
establishments, the intended use of which will not result, directly or
indirectly, in the substance becoming a component or otherwise affecting
the characteristics of poultry or poultry products, excluding labeling
and packaging materials as covered in subpart N of this part.
Official certificate. This term means any certificate prescribed in
subpart M of this part relating to poultry or poultry products.
Official device. This term means any label or other device
prescribed in subpart M of this part for use in applying any official
mark.
Official establishment. "Official establishment" means any
establishment as determined by the Administrator at which inspection of
the slaughter of poultry, or the processing of poultry products, is
maintained pursuant to the regulations.
Official inspection legend. This term means the official inspection
mark prescribed in Sec. 381.96 or the official poultry identification
mark prescribed in Sec. 381.97, showing that an article was inspected
for wholesomeness and passed in accordance with the Act.
Official mark. This term means any symbol prescribed in subpart M of
this part to identify the status of any article or poultry under the
Act.
Packaging material. Any cloth, paper, plastic, metal, or other
material used to form a container, wrapper, label, or cover for poultry
products.
Pesticide chemical, food additive, color additive, raw agricultural
commodity. These terms shall have the same meanings for the purposes of
the Act and the regulations as under the Federal Food, Drug, and
Cosmetic Act.
Poultry. "Poultry" means any domesticated bird (chickens, turkeys,
ducks, geese, guineas, ratites, or squabs, also termed young pigeons
from one to about thirty days of age), whether live or dead.
Poultry product. (i) This term means any poultry carcass or part
thereof; or any product which is made wholly or in part from any poultry
carcass or part thereof, excepting those exempted from definition as a
poultry product in Sec. 381.15. Except where the context requires
otherwise (e.g., in paragraph (b)(42) of this section), this term is
limited to articles capable of use as human food.
(ii) Poultry food product. This term means any product capable of
use as human food which is made in part from any poultry carcass or part
thereof, excepting those exempted from definition as a poultry product
in Sec. 381.15.
Poultry products broker. "Poultry products broker" means any
person engaged in the business of buying or selling poultry products on
commission, or otherwise negotiating purchases or sales of such articles
other than for his own account or as an employee of another person.
Process. Process used as a verb means to conduct any operation or
combination of operations, whereby poultry is slaughtered, eviscerated,
canned, salted, stuffed, rendered, boned, cut up, or otherwise
manufactured or processed. The term "process" does not refer to
freezing of poultry products, except when freezing is incidental to
operations otherwise classed as "processing" under this paragraph.
[[Page 422]]
Process authority. A person or organization with expert knowledge in
poultry production process control and relevant regulations.
Process schedule. A written description of processing procedures,
consisting of any number of specific, distinct, and ordered operations
directly under control of the establishment employed in the manufacture
of a specific product, including the control, monitoring, verification,
validation, and corrective action activities associated with production.
Ready-to-cook poultry. "Ready-to-cook poultry" means any
slaughtered poultry free from protruding pinfeathers and vestigial
feathers (hair or down), from which the head, feet, crop, oil gland,
trachea, esophagus, entrails, and lungs have been removed, and from
which the mature reproductive organs and kidneys may have been removed,
and with or without the giblets, and which is suitable for cooking
without need of further processing. Ready-to-cook poultry also means any
cut-up or disjointed portion of poultry or other parts of poultry, such
as reproductive organs, head, or feet that are suitable for cooking
without need of further processing.
Regulations. "Regulations" means the provisions of this entire
part.
Renderer. "Renderer" means any person engaged in the business of
rendering carcasses, or parts or products of the carcasses, of poultry,
except rendering conducted under inspection or exemption pursuant to the
regulations.
Secretary. "Secretary" means the Secretary of Agriculture of the
United States or his delegate.
Shipping container. "Shipping container" means any container used
or intended for use in packaging the product packed in an immediate
container.
Slaughter. "Slaughter" means the act of killing poultry for human
food.
State. Except as otherwise provided in Sec. 381.220 "State" means
any State of the United States and the Commonwealth of Puerto Rico.
Supervision. This term means the controls, as prescribed in
instructions to Inspection Service employees, to be exercised by them
over particular operations to insure that such operations are conducted
in compliance with the Act and the regulations in this part.
Territory. The term "territory" means Guam, the Virgin Islands of
the United States, American Samoa, and any other territory or possession
of the United States, excluding the Canal Zone.
United States. This term means the States, the District of Columbia,
and the territories of the United States.
U.S. Condemned. This term means that the poultry carcass, or part or
product of a poultry carcass, so identified was inspected and found to
be adulterated and is condemned.
U.S. Detained. This term is applicable to poultry, poultry products,
and other articles which are held in official custody in accordance with
section 19 of the Act and Sec. 381.210, pending disposal as provided in
said section 19.
U.S. Refused Entry. This term means that the slaughtered poultry or
other poultry product so identified was presented for inspection for
entry into the United States and was found not to comply with the
requirements of the Act.
U.S. Rejected. This term means that the equipment or facility so
identified is prohibited from being used in the processing of any
poultry or poultry product until such equipment or facility is found by
an inspector to be sanitary and otherwise eligible for use under the
regulations.
U.S. Retained. This term means that the poultry or carcass, or part
or product of a carcass, of poultry so identified is held at an official
establishment by the inspection service for further determination as to
its disposal.
(c) For the purposes of the standard for cooked, smoked sausage
(Sec. 319.180 of this chapter), the term "poultry byproduct" means the
skin, fat, gizzard, heart, or liver, or any combination thereof, of any
poultry.
[37 FR 9706; May 16, 1972, as amended at 39 FR 4568, Feb. 5, 1974; 40 FR
42338, Sept. 12, 1975; 48 FR 6091, Feb. 10, 1983; 49 FR 2236, Jan. 19,
1984; 49 FR 3643, Jan. 30, 1984; 49 FR 47478, Dec. 5, 1984; 51 FR 37709,
Oct. 24, 1986; 64 FR 745, Jan. 6, 1999; 64 FR 56416, Oct. 20, 1999; 66
FR 1770, Jan. 9, 2001; 66 FR 22905, May 7, 2001; 67 FR 13258, Mar. 22,
2002]
[[Page 423]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.3]
[Page 423-424]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart B--Administration; Application of Inspection and Other
Requirements
Sec. 381.3 Administration.
(a) General authority to administer the Act has been delegated to
the Administrator (29 FR 16210, as amended; 37 FR 6327, 6505).
(b) The Administrator may in specific classes of cases waive for
limited periods any provisions of the regulations in order to permit
appropriate and necessary action in the event of a public health
emergency or to permit experimentation so that new procedures,
equipment, and processing techniques may be tested to facilitate
definite improvements: Provided, That such waivers of the provisions of
the regulations are not in conflict with the purposes or provisions of
the Act.
(c) Pursuant to section 6 of the Act, the Administrator believes
that, in establishments processing poultry products at which inspection
under the Act and regulations is required, the frequency with which and
the manner in which poultry products made from poultry previously
slaughtered and eviscerated in official establishments are reinspected
by Inspection Service employees should be based on considerations
relevant to effective regulation of poultry products and protection of
the health and welfare of consumers. In order to test procedures for use
in making such determinations and, in particular, for determining
whether and, if so, to what extent the intensity of inspection coverage
exceeds that which should be deemed necessary pursuant to section 6 of
the Act, the Administrator is initiating experimentation of a new system
of inspection for reviewing the performance of establishments and for
designing the supervision and other conditions and methods of inspection
coverage. For the period of such experimentation, the Administrator
shall identify establishments for review, and the frequency and the
manner of inspection by Inspection Service employees shall be determined
on the basis of the results of those reviews and be otherwise in
accordance with this section.
(d) The determinations referred to in paragraph (c) of this section
shall be made by the Inspection Service and shall reflect evaluations of
the performance and the characteristics of such establishments.
(1) In assessing the performance of an establishment, the following
factors are appropriate for consideration:
(i) The history of compliance with applicable regulatory
requirements by the person operating such establishment or by anyone
responsibly connected with the business operating such establishment, as
"responsibly connected" is defined in section 18(a) of the Act,
(ii) The competence of the person operating such establishment, as
indicated by:
(A) Knowledge of appropriate manufacturing practices and applicable
regulatory requirements,
(B) Demonstrated ability to apply such knowledge in a timely and
consistent manner, and
(C) Commitment to correcting deficiencies noted by Inspection
Service employees and otherwise assuring compliance with applicable
regulatory requirements, and
(iii) The procedures used in such establishment to control the
production process, environment, and resulting product in order to
assure and monitor compliance with the requirements of the Act and the
rules and regulations promulgated thereunder.
(2) In assessing the characteristics of an establishment, the
following factors are appropriate for consideration:
(i) The complexity of the processing operation(s) conducted at such
establishment,
(ii) The frequency with which each such operation is conducted at
such establishment,
(iii) The volume of product resulting from each such operation at
such establishment,
(iv) Whether and to what extent slaughter and evisceration
operations also are conducted at such establishment,
(v) What, if any, food products not regulated under this Act or the
Federal Meat Inspection Act also are processed at such establishment,
and
(vi) The size of such establishment.
(e)(1) For the period of experimentation described in paragraph (c)
of
[[Page 424]]
this section, the frequency of inspection by Inspection Service
employees of operations other than slaughter and evisceration may be
reduced in an establishment in which the procedures referred to therein
are being tested if and only if the evaluation of the performance of
such establishment described in paragraph (d)(1) indicates that there
are:
(i) No instances, documented in records compiled no earlier than 10
years before, of substantial and recent noncompliance with applicable
regulatory requirements (taking into account both the nature and
frequency of any such noncompliance), and
(ii) The competence and control procedures needed to assure and
monitor compliance with applicable regulatory requirements.
(2)(i) The frequency of Federal inspection and other conditions and
methods of inspection coverage in any establishment in which the
frequency of Federal inspection is reduced shall be based on:
(A) The evaluation of the characteristics of such establishment
described in paragraph (d)(2) of this section,\1\
---------------------------------------------------------------------------
\1\ These evaluations will be based upon guidelines developed by
FSIS and the complexity categorization in FSIS Directive 1030.2
(Documentation of Processing and Combination Assignments, 4/22/85). The
guidelines and Directive will be available for public inspection and
copying in the Policy Office, Room 3168, South Agriculture Building,
14th Street and Independence Avenue, SW., Washington, DC.
---------------------------------------------------------------------------
(B) The significance of potential public health consequences of
noncompliance, and
(C) The availability of Inspection Service employees.
(ii) To the extent that frequency of inspection or other conditions
and methods of inspection coverage are identified as conflicting with
provisions of the regulations in this part, the Administrator will waive
such provisions for the period of experimentation, in accordance with
paragraph (b) of this section.
[37 FR 9706, May 16, 1972, as amended at 52 FR 10033, Mar. 30, 1987]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.4]
[Page 424]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart B--Administration; Application of Inspection and Other
Requirements
Sec. 381.4 Inspection in accordance with methods prescribed or approved.
Inspection of poultry products shall be rendered pursuant to the
regulations and under such conditions and in accordance with such
methods as may be prescribed or approved by the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.5]
[Page 424]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart B--Administration; Application of Inspection and Other
Requirements
Sec. 381.5 Publications.
Publications under the Act and the regulations shall be made in the
Federal Register and in such other media as the Administrator may
designate.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.6]
[Page 424]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart B--Administration; Application of Inspection and Other
Requirements
Sec. 381.6 Establishments requiring inspection.
Inspection under the regulations is required at:
(a) Every establishment, except as provided in Sec. 381.10 (a) and
(b) or Sec. 381.11, in which any poultry is slaughtered for
transportation or sale in commerce, or in which any poultry products are
wholly or in part, processed for transportation or sale in commerce, as
articles intended for use as human food;
(b) Every establishment, except as provided in Sec. 381.10 (a) and
(b), (c), or (d), or Sec. 381.11, within any State or organized
territory which is designated in Sec. 381.221 pursuant to section 5(c)
of the Act, at which any poultry is slaughtered or any poultry products
are processed, for use as human food solely for distribution within such
jurisdiction; and
(c) Except as provided in Sec. 381.10 (a) and (b), or (c), or
Sec. 381.11, every establishment designated by the Administrator
pursuant to section 5(c) of the Act as one producing adulterated poultry
products which would clearly endanger the public health.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.7]
[Page 424]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart B--Administration; Application of Inspection and Other
Requirements
Sec. 381.7 Coverage of all poultry and poultry products processed in official establishments.
All poultry and poultry products processed in an official
establishment shall be inspected, handled, processed, marked, and
labeled as required by the regulations.
[[Page 425]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.10]
[Page 425-432]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.10 Exemptions for specified operations.
(a) The requirements of the Act and the regulations for inspection
of the processing of poultry and poultry products shall not apply to:
(1) Any retail dealer with respect to poultry products sold in
commerce directly to consumers in an individual retail store, if the
only processing operation performed by such retail dealer is the cutting
up of poultry products on the premises where such sales to consumers are
made: Provided, That such operation is conducted under such sanitary
standards, practices, and procedures as result in the preparation of
poultry products that are not adulterated: And provided further, That
the poultry products sold in commerce are derived from poultry inspected
and passed under the Act and such poultry products are not adulterated
or misbranded at the time of sale (except that the official inspection
legend shall not be used). (For the purposes of this subparagraph, a
retail dealer is any person who sells poultry products directly to
consumers as defined in paragraph (d)(2)(vi) of this section and whose
sales of poultry products to household consumers constitute, in terms of
dollar value, at least 75 percent of his total sales of poultry
products.)
(2) The slaughter of poultry, and the processing of poultry
products, by any person in any territory not organized with a
legislative body, solely for distribution within such territory:
Provided, That such poultry is sound and healthy and is slaughtered
under such sanitary standards, practices, and procedures as result in
the preparation of poultry products that are not adulterated: And
provided further, That the poultry products are not adulterated or
misbranded when so distributed (except that the official inspection
legend shall not be used).
(3) The slaughtering by any person of poultry of his own raising,
and the processing by him and transportation in commerce of the poultry
products exclusively for use by him and members of his household and his
nonpaying guests and employees: Provided, That in lieu of complying with
all the adulteration and misbranding provisions of the Act, such poultry
is healthy and is slaughtered and processed under such sanitary
standards, practices, and procedures as result in the preparation of
poultry products that are sound, clean, and fit for human food, and the
shipping containers of such poultry products bear the producer's name
and address and the statement "Exempted--P.L. 90-492."
(4) The custom slaughter by any person of poultry delivered by the
owner thereof for such slaughter, and the processing by such slaughterer
and transportation in commerce of the poultry products exclusively for
use, in the household of such owner, by him and members of his household
and his nonpaying guests and the employees: Provided, That such custom
slaughterer does not engage in the business of buying or selling any
poultry products capable of use as human food: And provided further,
That in lieu of complying with all the adulteration and misbranding
provisions of the Act, such poultry is healthy and is slaughtered and
processed under such sanitary standards, practices, and procedures as
result in the preparation of poultry products that are sound, clean and
fit for human food, and the shipping containers of such poultry products
bear the owner's name and address and the statement "Exempted--P.L. 90-
492."
(5) The slaughtering of sound and healthy poultry and processing of
poultry products therefrom in any State or territory or the District of
Columbia by any poultry producer on his own premises with respect to
poultry raised on his premises, and the distribution by any person
solely within such jurisdiction of the poultry products derived from
such operations: Provided, That (i) in lieu of complying with all the
adulteration provisions of the Act, such poultry is slaughtered and
otherwise processed and handled under such sanitary standards,
practices, and procedures as result in the preparation of poultry
products that are sound, clean, and fit for human food when so
distributed; (ii) such poultry products when so distributed, bear (in
lieu of labeling that would otherwise be required) the producer's name
and address and the
[[Page 426]]
statement "Exempted--P.L. 90-492" and such poultry products are not
otherwise misbranded; (iii) such producer and distributor do not engage
in the current calendar year in the business of buying or selling any
poultry or poultry products other than as specified in this paragraph
(a) (5) or (6) of this section; and (iv) neither such producer or
distributor slaughters or processes the products of more poultry than
allowed by paragraph (b) of this section.
(6) The slaughtering of sound and healthy poultry or the processing
of poultry products of such poultry in any State or territory or the
District of Columbia by any poultry producer or other person for
distribution by him solely within such jurisdiction directly to
household consumers, restaurants, hotels, and boardinghouses, for use in
their own dining rooms, or in the preparation of meals for sales direct
to consumers: Provided, That (i) in lieu of complying with all the
adulteration provisions of the Act, such poultry is slaughtered and
otherwise processed and handled under such sanitary standards,
practices, and procedures as result in the preparation of poultry
products that are sound, clean, and fit for human food when distributed
by such processor; (ii) such poultry products when so distributed bear
(in lieu of labeling that would otherwise be required) the processor's
name and address and the statement "Exempted--P.L. 90-492" and such
poultry products are not otherwise misbranded; (iii) such processor does
not engage in the current calendar year in the business of buying or
selling any poultry or poultry products other than as specified in this
paragraph (a) (6) or (5) of this section; and (iv) such processor does
not exceed the volume limitation prescribed in paragraph (b) of this
section.
(7) The operations and products of small enterprises (including
poultry producers) not exempted under paragraphs (a) (1) through (6) of
this section that are engaged in any State or territory or the District
of Columbia in slaughtering and/or cutting up poultry for distribution
as carcasses or parts thereof solely for distribution within such
jurisdiction; Provided, That (i) such poultry is sound and healthy when
slaughtered and is slaughtered and/or cut up and handled under such
sanitary standards, practices and procedures as result in the
preparation of poultry products that are not adulterated when so
distributed; and (ii) when so distributed, such poultry products are not
misbranded (except that the official inspection legend shall not be
used).
(b) No person qualifies for any exemption specified in paragraph
(a)(5), (6), or (7) of this section if, in the current calendar year,
such person:
(1) Slaughters or processes the products of more than 20,000
poultry, or
(2) Slaughters or processes poultry products at a facility used for
slaughtering or processing poultry products by any other person, except
when the Administrator grants such exemption after determining, upon
review of a person's application, that such an exemption will not impair
effectuating the purposes of the Act.
(c) The provisions of the Act and the regulations do not apply to
any poultry producer with respect to poultry, of his own raising on his
own farm, which he slaughters if:
(1) Such producer slaughters not more than 1,000 poultry during the
calendar year for which this exemption is being determined;
(2) Such poultry producer does not engage in buying or selling
poultry products other than those produced from poultry raised on his
own farm; and
(3) None of such poultry moves in "commerce" (as defined in
Sec. 381.1).
(d)(1) The requirements of the Act and the regulations for
inspection of the processing of poultry and poultry products do not
apply to operations of types traditionally and usually conducted at
retail stores and restaurants, when conducted at any retail store or
restaurant or similar-retail-type establishment for sale in normal
retail quantities or service of such articles to consumers at such
establishments.
(2) For the purposes of paragraph (d)(1) of this section:
(i) Operations of types traditionally and usually conducted at
retail stores and restaurants include any processing of poultry products
except canning of
[[Page 427]]
poultry products and except slaughtering of poultry unless such
slaughtering is conducted at a retail store with respect to live poultry
purchased by the consumer at the retail store and processed by the
retail store operator in accordance with the consumer's instructions.
(ii) A normal retail quantity is any quantity of a poultry product
purchased by a household consumer from a retail supplier that in the
aggregate does not exceed 75 pounds. A normal retail quantity sold by a
retail supplier to other than a household consumer is any quantity that
in the aggregate does not exceed 150 pounds.
(iii) A retail store is any place of business where:
(a) The sales of poultry products are made to consumers only;
(b) At least 75 percent, in terms of dollar value, of total sales of
product represents sales to household consumers and the total dollar
value of sales of product to consumers other than household consumers
does not exceed the dollar limitation per calendar year set by the
Administrator. This dollar limitation is a figure which will
automatically be adjusted during the first quarter of each calendar
year, upward or downward, whenever the Consumer Price Index, published
by the Bureau of Labor Statistics, Department of Labor, indicates a
change in the price of this same volume of product which exceeds $500.
Notice of the adjusted dollar limitation will be published in the
Federal Register. \1\
---------------------------------------------------------------------------
\1\ The dollar limitation currently in effect may be obtained by
contacting Director, Slaughter Inspection Standards and Procedures
Division, Technical Services, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250 (202) 447-3219.
---------------------------------------------------------------------------
(c) Only federally or State inspected and passed, or exempted (or,
as provided in Sec. 381.223, State or local agency inspected and passed
or exempted) poultry products are handled or used in the preparation of
any poultry products;
(d) No sale of poultry products is made in excess of a normal retail
quantity as defined in paragraph (d)(2)(ii) of this section; and
(e) The processing of poultry products for sale is limited to
traditional and usual operations as defined in paragraph (d)(2)(i) of
this section.
(iv) Restaurants. (a) A restaurant is any establishment where:
(1) Poultry products are processed only for sale or service in meals
or as entrees directly to individual consumers at such establishments;
(2) Only federally inspected and passed, or exempted (or, as
provided in Sec. 381.223, State or local agency inspected and passed or
exempted) poultry products are handled or used in the preparation of any
poultry products;
(3) No sale of poultry products is made in excess of a normal retail
quantity as defined in paragraph (d)(2)(ii) of this section; and
(4) The processing of poultry products is limited to traditional and
usual operations as defined in paragraph (d)(2)(i) of this section.
(b) The definition of a restaurant includes a caterer which delivers
or serves product in meals, or as entrees, only to individual consumers
and otherwise meets the requirements of this paragraph.
(c) For purposes of this paragraph, operations conducted as a
restaurant central kitchen facility shall be considered as being
conducted at a restaurant if the restaurant central kitchen prepares
poultry products that are ready to eat when they leave such facility
(i.e., no further cooking or other preparation is needed, except that
they may be reheated prior to serving if chilled during transportation),
transported directly to a receiving restaurant by its own employees,
without intervening transfer or storage, maintained in a safe,
unadulterated condition during transportation, and served in meals or as
entrees only to customers at restaurants, or through vending machines,
owned or operated by the same person that owns or operates such
facility, and which otherwise meets the requirement of this paragraph:
Provided, That the requirements of Secs. 381.175 through 381.178 of this
subchapter apply to such facility. Provided further, That the exempted
facility may be subject to inspection requirements under the Act for as
long as the Administrator deems necessary if the
[[Page 428]]
Administrator determines that the sanitary conditions or practices of
the facility or the processing procedures or methods at the facility are
such that any of its poultry products are rendered adulterated. When the
Administrator has made such determination and subjected a restaurant
central kitchen facility to such inspection requirements, the operator
of such facility shall be afforded an opportunity to dispute the
Administrator's determination in a hearing pursuant to rules of practice
which will be adopted for this proceeding.
(v) A similar retail-type establishment is any establishment which
is a combination retail store and restaurant; any delicatessen which
meets the requirements for a retail store or restaurant as prescribed in
paragraph (d)(2) (iii) or (iv) of this section; or other establishment
as determined by the Administrator in specific cases.
(vi) A consumer is any household consumer, hotel, or restaurant, or
similar institution as determined by the Administrator in specific
cases.
(3) Whenever any complaint is received by the Administrator from any
person alleging that any retail establishment or restaurant claiming
exemption under this paragraph (d) in any designated State or organized
territory listed in Sec. 381.221 that is also identified in Sec. 381.224
as a jurisdiction that does not have or is not exercising adequate
authority with respect to recordkeeping requirements, has been operated
in violation of the conditions prescribed in this paragraph (d) for such
exemption, and the Administrator, upon investigation of the complaint,
has reason to believe that any such violation has occurred, he shall so
notify the operator of the retail establishment or restaurant and afford
him reasonable opportunity to present his views informally with respect
to the matter. Thereafter, if the Administrator determines that such a
violation has occurred, and that a requirement that the operator keep
records concerning the operations of the retail establishment or
restaurant would effectuate the purposes of the Act, the Administrator
shall order the operator to maintain complete, accurate, and legible
records of his total monthly purchases and of his total monthly sales of
poultry and poultry products. Such records shall separately show total
sales to household consumers and total sales to other consumers, and
shall be maintained for the period prescribed in Sec. 381.177. If the
operator maintains copies of bills of lading, receiving and shipping
invoices, warehouse receipts, or similar documents which give the
information required herein, additional records are not required by this
subparagraph.
(4) The adulteration and misbranding provisions of the Act and the
regulations other than the requirement of the official inspection
legend, apply to articles which are exempted from inspection under this
paragraph (d).
(e)(1) The requirements of the Act and the regulations in this
subchapter for inspection of the preparation of products do not apply to
poultry pizzas containing poultry product ingredients which were
prepared, inspected, and passed in a cured or cooked form as ready-to-
eat (i.e., no further cooking or other preparation is needed) in
compliance with the requirements of the Act and these regulations; and
the poultry pizzas are to be served in public or private nonprofit
institutions, provided that the poultry pizzas are ready to eat (i.e.,
no further cooking or other preparation is needed, except that they may
be reheated prior to serving if chilled during transportation),
transported directly to the receiving institution by employees of the
preparing firm, receiving institution, or a food service management
company contracted to conduct food service at the public or private
nonprofit institution, without intervening transfer or storage.
(2) The definitions at Chapter 1, 1-102, except 1-102(z) and the
provisions of Chapters 2 through 8, except sections 2-102 (a) and (b),
2-302(d), 2-403(a), 2-403(c), 2-404, 2-405, 2-407, 2-502 through 2-506,
2-508, 2-509, 4-105, 4-201(c), 4-208, 5-101(a), 5-103, 5-104, 5-202(c),
5-203, and 6-105, Part IV, of the Food and Drug Administration's Food
Service Sanitation Manual (1976 Recommendations), DHEW Publication No.
(FDA) 78-2081, which is incorporated by reference,
[[Page 429]]
shall apply to the facilities and operations of businesses claiming this
exemption. (These materials are incorporated as they exist on the date
of approval. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies may be purchased from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402. It is
also available for inspection at the Office of the Federal Register
Information Center, Suite 700, 800 North Capitol Street, NW.,
Washington, DC, or the FSIS Hearing Clerk, room 3171, South Building,
Food Safety and Inspection Service, U.S. Department of Agriculture,
Washington, DC 20250.)
(3) Facilities and operations of businesses claiming this exemption
shall also conform to the following requirements:
(i) Manual cleaning and sanitizing. (A) For manual washing, rinsing
and sanitizing of utensils and equipment, a sink with not fewer than
three compartments shall be provided and used. Sink compartments shall
be large enough to permit the accommodation of the equipment and
utensils, and each compartment of the sink shall be supplied with hot
and cold potable running water. Fixed equipment and utensils and
equipment too large to be cleaned in sink compartments shall be washed
manually or cleaned through pressure spray methods.
(B) Drain boards or easily movable dish tables of adequate size
shall be provided for proper handling of soiled utensils prior to
washing and for cleaned utensils following sanitizing and shall be
located so as not to interfere with the proper use of the dishwashing
facilities.
(C) Equipment and utensils shall be preflushed or prescraped and,
when necessary, presoaked to remove gross food particles and soil.
(D) Except for fixed equipment and utensils too large to be cleaned
in sink compartments, manual washing, rinsing and sanitizing shall be
conducted in the following sequence:
(1) Sinks shall be cleaned prior to use.
(2) Equipment and utensils shall be thoroughly washed in the first
compartment with a hot detergent solution that is kept clean.
(3) Equipment and utensils shall be rinsed free of detergent and
abrasives with clean water in the second compartment.
(4) Equipment and utensils shall be sanitized in the third
compartment according to one of the methods prescribed in paragraph
(e)(3)(i)(E) (1) through (4) of this section.
(E) The food-contact surfaces of all equipment and utensils shall be
sanitized by:
(1) Immersion for at least \1/2\ minute in clean, hot water at a
temperature of at least 170 deg.F; or
(2) Immersion for at least 1 minute in a clean solution containing
at least 50 parts per million of available chlorine as a hypochlorite
and at a temperature of at least 75 deg.F; or
(3) Immersion for at least 1 minute in a clean solution containing
at least 12.5 parts per million of available iodine and having a pH not
higher than 5.0 and at a temperature of at least 75 deg.F; or
(4) Immersion in a clean solution containing any other chemical
sanitizing agent allowed under 21 CFR 178.1010 that will provide the
equivalent bactericidal effect of a solution containing at least 50
parts per million of available chlorine as a hypochlorite at a
temperature of at least 75 deg.F for 1 minute; or
(5) Treatment with steam free from materials or additives other than
those specified in 21 CFR 173.310 in the case of equipment too large to
sanitize by immersion, but in which steam can be confined; or
(6) Rinsing, spraying, or swabbing with a chemical sanitizing
solution of at least twice the strength required for that particular
sanitizing solution under paragraph (e)(3)(i)(E)(4) of this section in
the case of equipment too large to sanitize by immersion.
(F) When hot water is used for sanitizing, the following facilities
shall be provided and used:
(1) An integral heating device or fixture installed in, on, or under
the sanitizing compartment of the sink capable of maintaining the water
at a temperature of at least 170 deg.F; and
[[Page 430]]
(2) A numerically scaled indicating thermometer, accurate to
3 deg.F, convenient to the sink for frequent checks of
water temperature; and
(3) Dish baskets of such size and design to permit complete
immersion of the tableware, kitchenware, and equipment in the hot water.
(G) When chemicals are used for sanitization, they shall not have
concentrations higher than the maximum permitted under 21 CFR 178.1010
and a test kit or other device that accurately measures the parts per
million concentration of the solution shall be provided and used.
(ii) Mechanical cleaning and sanitizing. (A) Cleaning and sanitizing
may be done by spray-type or immersion dishwashing machines or by any
other type of machine or device if it is demonstrated that it thoroughly
cleans and sanitizes equipment and utensils. These machines and devices
shall be properly installed and maintained in good repair. Machines and
devices shall be operated in accordance with manufacturers'
instructions, and utensils and equipment placed in the machine shall be
exposed to all dishwashing cycles. Automatic detergent dispensers,
wetting agent dispensers, and liquid sanitizer injectors, if any, shall
be properly installed and maintained.
(B) The pressure of final rinse water supplied to spray-type
dishwashing machines shall not be less than 15 nor more than 25 pounds
per square inch measured in the water line immediately adjacent to the
final rinse control valve. A \1/4\-inch IPS valve shall be provided
immediately upstream from the final rinse control valve to permit
checking the flow pressure of the final rinse water.
(C) Machine or water line mounted numerically scaled indicating
thermometers, accurate to 3 deg.F, shall be provided to
indicate the temperature of the water in each tank of the machine and
the temperature of the final rinse water as it enters the manifold.
(D) Rinse water tanks shall be protected by baffles, curtains, or
other effective means to minimize the entry of wash water into the rinse
water. Conveyors in dishwashing machines shall be accurately timed to
assure proper exposure times in wash and rinse cycles in accordance with
manufacturers' specifications attached to the machines.
(E) Drain boards shall be provided and be of adequate size for the
proper handling of soiled utensils prior to washing and of cleaned
utensils following sanitization and shall be so located and constructed
as not to interfere with the proper use of the dishwashing facilities.
This does not preclude the use of easily movable dish tables for the
storage of soiled utensils or the use of easily movable dishtables for
the storage of clean utensils following sanitization.
(F) Equipment and utensils shall be flushed or scraped and, when
necessary, soaked to remove gross food particles and soil prior to being
washed in a dishwashing machine unless a prewashcycle is a part of the
dishwashing machine operation. Equipment and utensils shall be placed in
racks, trays, or baskets, or on conveyors, in a way that food-contact
surfaces are exposed to the unobstructed application of detergent wash
and clean rinse waters and that permits free draining.
(G) Machines (single-tank, stationary-rack, door-type machines and
spray-type glass washers) using chemicals for sanitization may be used:
Provided, That,
(1) The temperature of the wash water shall not be less than 120
deg.F.
(2) The wash water shall be kept clean.
(3) Chemicals added for sanitization purposes shall be automatically
dispensed.
(4) Utensils and equipment shall be exposed to the final chemical
sanitizing rinse in accordance with manufacturers' specifications for
time and concentration.
(5) The chemical sanitizing rinse water temperature shall be not
less than 75 deg.F nor less than the temperature specified by the
machine's manufacturer.
(6) Chemical sanitizers used shall meet the requirements of 21 CFR
178.1010.
(7) A test kit or other device that accurately measures the parts
per million concentration of the solution shall be available and used.
[[Page 431]]
(H) Machines using hot water for sanitizing may be used provided
that wash water and pumped rinse water shall be kept clean and water
shall be maintained at not less than the following temperatures:
(1) Single-tank, stationary-rack, dual-temperature machine:
Wash temperature..................................................150
deg.F
Final rinse temperature...........................................180
deg.F
(2) Single-tank, stationary-rack, single-temperature machine:
Wash temperature..................................................165
deg.F
Final rinse temperature...........................................165
deg.F
(3) Single-tank, conveyor machine:
Wash temperature..................................................160
deg.F
Final rinse temperature...........................................180
deg.F
(4) Multitank, conveyor machine:
Wash temperature..................................................150
deg.F
Pumped rinse temperature..........................................160
deg.F
Final rinse temperature...........................................180
deg.F
(5) Single-tank, pot, pan, and utensil washer (either stationary or
moving-rack):
Wash temperature..................................................140
deg.F
Final rinse temperature...........................................180
deg.F
(I) All dishwashing machines shall be thoroughly cleaned at least
once a day or more often when necessary to maintain them in a
satisfactory operating condition.
(iii) Steam. Steam used in contact with food or food-contact
surfaces shall be free from any materials or additives other than those
specified in 21 CFR 173.310.
(4) For purposes of this paragraph, the term "private nonprofit
institution" means "a corporation, and any community chest, fund, or
foundation, organized and operated exclusively for religious,
charitable, scientific, testing for public safety, literary, or
educational purposes, or to foster national or international amateur
sports competition (but only if no part of its activities involve the
provision of athletic facilities or equipment), or for the prevention of
cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, no
substantial part of the activities of which is carrying on propaganda,
or otherwise attempting, to influence legislation, and which does not
participate in, or intervene in (including the publishing or
distribution of statements), any political campaign on behalf of (or in
opposition to) any candidate for public office."
(5) The Administrator may withdraw or modify the exemption set forth
in Sec. 381.10(e)(1) for a particular establishment when he or she
determines that such action is necessary to ensure food safety and
public health. Before such action is taken, the owner or operator of the
particular establishment shall be notified, in writing, of the reasons
for the proposed action and shall be given an opportunity to respond, in
writing, to the Administrator within 20 days after notification of the
proposed action. The written notification shall be served on the owner
or operator of the establishment in the manner prescribed in section
1.147(b) of the Department's Uniform Rules of Practice (7 CFR 1.147(b)).
In those instances where there is conflict of any material fact, the
owner or operator of the establishment, upon request, shall be afforded
an opportunity for a hearing with respect to the disputed fact, in
accordance with rules of practice which shall be adopted for the
proceeding. However, such withdrawal or modification shall become
effective pending final determination in the proceeding when the
Administrator determines that an imminent threat to food safety or
public health exists, and that such action is, therefore, necessary to
protect the public health, interest or safety. Such withdrawal or
modification shall be effective upon oral or written notification,
whichever is earlier, to the owner or operator of the particular
establishment as promptly as circumstances permit. In the event of oral
notification, written confirmation shall be given to the owner or
operator of the establishment as promptly as circumstances permit. This
withdrawal or modification shall continue in effect pending the
completion of the proceeding and any judicial review thereof, unless
otherwise ordered by the Administrator.
[[Page 432]]
(6) The adulteration and misbranding provisions of the Act and the
regulations apply to articles which are exempted from inspection under
Sec. 381.10(e).
[37 FR 9706, May 16, 1972, as amended at 38 FR 16991, June 28, 1973; 45
FR 27922, Apr. 25, 1980; 46 FR 46288, Sept. 16, 1981; 48 FR 2959, Jan.
24, 1983; 51 FR 29909, Aug. 21, 1986; 53 FR 24679, June 30, 1988; 57 FR
34184, Aug. 3, 1992]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.11]
[Page 432]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.11 Exemptions based on religious dietary laws.
(a) Any person who slaughters, processes, or otherwise handles
poultry or poultry products which have been or are to be processed as
required by recognized religious dietary laws may apply for exemption
from specific provisions of the Act or regulations which are in conflict
with such religious dietary laws. Any person desiring such an exemption
shall apply in writing to the Meat and Poultry Inspection Program, Food
Safety and Inspection Service, Department of Agriculture, Washington, DC
20250, setting forth the specific provisions of the Act and the
regulations from which exemption is sought and setting forth the
provisions of the religious dietary laws in support of the requested
exemption. In addition, the applicant for such an exemption shall submit
a statement from the clerical official having jurisdiction over the
enforcement of the religious dietary laws with respect to the poultry or
poultry products involved, which identifies the requirements of such
laws pertaining to the slaughter of the poultry and the processing or
other handling of the poultry products involved, and certifies that such
requirements are in conflict with specific provisions of the Act and
regulations from which the exemption is sought.
(b) The Administrator, upon a determination that an exemption should
be granted, will grant such exemption to the extent necessary to avoid
conflict with the religious requirements while still effectuating the
purposes of the Act. He may impose such conditions as to sanitary
standards, practices, and procedures in granting such exemption as he
deems necessary to effectuate the purposes of the Act. Any person who
processes poultry or poultry products under exemption from certain
requirements as provided in this section shall be subject to all of the
other applicable provisions of the Act and the regulations. Processing
plants shall meet the sanitary requirements set forth in this part and
unless exempted from inspection under the provisions of this subpart,
shall be required to qualify for inspection and operate as official
establishments. Slaughtered poultry which is prepared under an exemption
authorizing the sale of noneviscerated poultry in commerce shall be
individually identified with a label approved by the Administrator which
identifies the clerical official under whose supervision the poultry was
slaughtered.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.12]
[Page 432]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.12 Effect of religious dietary laws exemptions on other persons.
Whenever a slaughterer or processor is granted an exemption under
Sec. 381.11 with respect to the slaughtering or processing of any
poultry or poultry products under this part, under specified conditions,
the sale, offer for sale, transportation and other handling in commerce
by any person of such poultry and poultry products in accordance with
such conditions is hereby authorized, except as restricted by the Act.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.13]
[Page 432-433]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.13 Suspension or termination of exemptions.
(a) The Administrator may, by order, in accordance with the
applicable rules of practice suspend or terminate any exemption under
Sec. 381.10(a) with respect to any person whenever he finds that such
action will aid in effectuating the purposes of the Act. Failure to
comply with the conditions of the exemption, including, but not limited
to, failure to process poultry and poultry products under clean and
sanitary conditions may result in termination of an exemption, in
addition to any other penalties provided by law.
(b) Except as provided in Sec. 381.10(c), the Administrator may
extend the requirements of the Act to any establishment in any State or
organized territory at which poultry products are processed for
distribution solely within such jurisdiction if he determines in
accordance with the provisions of subparagraph 5(c)(1) of the Act that
the establishment is producing adulterated
[[Page 433]]
poultry products which would clearly endanger the public health.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.14]
[Page 433]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.14 Inspection concerning purportedly exempted operations.
Inspectors of the Inspection Service are authorized to make
inspections in accordance with law to ascertain whether any of the
provisions of the Act or the regulations applying to producers,
retailers, or other persons purporting to be exempted from any
requirements under this subpart have been violated.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.15]
[Page 433-434]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart C--Exemptions
Sec. 381.15 Exemption from definition of "poultry product" of certain human food products containing poultry.
The following articles contain poultry ingredients only in a
relatively small proportion or historically have not been considered by
consumers as products of the poultry food industry. Therefore said
articles are exempted from the definition of "poultry product" and the
requirements of the Act and the regulations applicable to poultry
products, if they comply with the conditions specified in this section.
(a) Any human food product (in a consumer package) not provided for
in paragraph (c) of this section, if:
(1) It contains less than 2 percent cooked poultry meat (deboned
white or dark poultry meat, or both) and/or "Mechanically Separated
(Kind of Poultry)" as defined in Sec. 381.173;
(2) It contains less than 10 percent of cooked poultry skins,
giblets, or fat, separately, and less than 10 percent of cooked poultry
skins, giblets, fat, and meat (as meat is limited in paragraph (a)(1) of
this section) or "Mechanically Separated (Kind of Poultry)" as defined
in Sec. 381.173, in any combination;
(3) The poultry ingredients used in the product were prepared under
inspection as defined in Sec. 381.1, or were inspected under a foreign
inspection system approved under Sec. 381.196(b) and imported in
compliance with the Act and the regulations;
(4) The immediate container of the product bears a label which shows
the name of the product in accordance with this section; and
(5) The product is not represented as a poultry product. The
aforesaid percentages of ingredients shall be computed on the basis of
the moist, deboned, cooked poultry in the ready-to-serve product when
prepared according to the serving directions on the consumer package.
(b) Any human food product (in an institutional pack), not provided
for in paragraph (c) of this section, if:
(1) It is prepared for sale only to institutional users, such as
hotels, restaurants, and boardinghouses, for use as a soup base or
flavoring;
(2) It contains less than 15 percent cooked poultry meat (deboned
white or dark poultry meat or both) and/or "Mechanically Separated
(Kind of Poultry)" as defined in Sec. 381.173, computed on the basis of
the moist deboned, cooked poultry meat and/or "Mechanically Separated
(Kind of Poultry)" in such product; and
(3) It complies with the provisions of paragraphs (a)(3), (4), and
(5) of this section in all respects.
(c) Bouillon cubes, poultry broths, gravies, sauces, seasonings, and
flavorings if:
(1) They contain poultry meat and/or "Mechanically Separated (Kind
of Poultry)" as defined in Sec. 381.173 or poultry fat only in
condimental quantities;
(2) They comply with the provisions of paragraphs (a)(3), (4), and
(5) of this section in all respects; and
(3) In the case of poultry broth, it will not be used in the
processing of any poultry product in any official establishment.
(d) Fat capsules and sandwiches containing poultry products if they
comply with the provisions of paragraphs (a)(3), (4), and (5) of this
section in all respects.
(e) Products of the types specified in this section except those
specified in paragraphs (c) and (d) of this section will be deemed to be
represented as poultry products if the kind name of the poultry
(chicken, turkey, etc.) is used in the product name of the product
without appropriate qualification. For example, a consumer-packaged
noodle soup product containing less than 2 percent chicken meat on a
ready-to-serve basis may not be labeled "Chicken Noodle Soup" but,
when appropriate, could be labeled as "Chicken Flavored Noodle Soup."
Products exempted under this section are subject
[[Page 434]]
to the requirements of the Federal Food, Drug, and Cosmetic Act.
[37 FR 9706, May 16, 1972, as amended at 60 FR 55982, Nov. 3, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.16]
[Page 434]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.16 How application shall be made.
The operator of each establishment of the kind required by
Sec. 381.6 to have inspection shall make application to the
Administrator for inspection service. In cases of change of name,
ownership, or location, a new application shall be made.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.17]
[Page 434]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.17 Filing of application.
Every application for inspection at any establishment shall be made
by the operator on a form furnished by the Meat and Poultry Inspection
Program, Food Safety and Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250, and shall include all information
called for by that form, including the name of any subsidiary
corporation that will prepare any poultry product or conduct any other
operation at the establishment for which inspection is requested. The
applicant for inspection will be held responsible for compliance by all
its subsidiaries with the requirements of the regulations at such
establishments if inspection is granted. Processing of poultry products
and other operations at the establishment for which inspection is
granted may be conducted only by the applicant, except that such a
subsidiary of the grantee, may conduct such operations at such
establishment.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.18]
[Page 434]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.18 Authority of applicant.
Any person applying for inspection service may be required at the
discretion of the Administrator to demonstrate that the operator of the
establishment authorized him to do so.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.20]
[Page 434]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.20 Survey and grant of inspection.
(a) Before inspection is granted, FSIS shall survey the
establishment to determine if the construction and facilities of the
establishment are in accordance with the regulations. FSIS will grant
inspection, subject to Sec. 381.21, when these requirements are met.
(b) FSIS shall give notice in writing to each applicant granted
inspection and shall specify in the notice the establishment, including
the limits of the establishment's premises, to which the grant pertains.
[62 FR 45026, Aug. 25, 1997]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.21]
[Page 434-435]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.21 Refusal of inspection.
(a) Any application for inspection in accordance with this part may
be denied or refused in accordance with the rules of practice in part
500 of this chapter.
(b)(1) Any applicant for inspection at an establishment where the
operations thereof may result in any discharge into the navigable waters
of the United States is required by subsection 21(b) of the Federal
Water Pollution Control Act, as amended, to provide the Administrator
with a certification as prescribed in said subsection that there is
reasonable assurance that such activity will be conducted in a manner
which will not violate the applicable water quality standards. No grant
of inspection can be issued after April 3, 1970 (the date of enactment
of the Water Quality Improvement Act), unless such certification has
been obtained, or is waived because of failure or refusal of the State,
interstate agency, or the Administrator of the Environmental Protection
Agency to act on a request for certification within 1 year after receipt
of such request. Further, upon receipt of an application for inspection
and a certification as required by subsection 21(b) of the Federal Water
Pollution Control Act, the Administrator (as defined in Sec. 381.1) is
required by paragraph (2) of said subsection to notify the Administrator
of the Environmental Protection Agency for proceedings in accordance
with that paragraph. No grant of inspection can be made until the
requirements of said paragraph (2) have been met.
(2) However, certification under subsection 21(b) of the Federal
Water Pollution Control Act is not initially required in connection with
an application for inspection granted after April 3, 1970, for
facilities existing or under construction on April 3, 1970, although
[[Page 435]]
certification for such facilities is required to be obtained within the
3-year period immediately following April 3, 1970. Failure to obtain
such certification or to meet the other requirements of subsection 21(b)
prior to April 3, 1973, will result in the termination of inspection at
such facilities on that date.
(3) Further, any application for inspection pending on April 3,
1970, and granted within 1 year thereafter shall not require
certification for 1 year following the grant of inspection but such
grant of inspection shall terminate at the end of 1 year after its
issuance unless prior thereto such certification has been obtained and
the other requirements of subsection 21(b) are met.
(4) In the case of any activity which will affect water quality but
for which there are no applicable water quality standards, no
certification is required prior to the grant of inspection but such
grant will be conditioned upon a requirement of compliance with the
purpose of the Federal Water Pollution Control Act as provided in
paragraph 21(b)(9) of said Act.
[37 FR 9706, May 16, 1972, as amended at 64 FR 66545, Nov. 29, 1999]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.22]
[Page 435]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart D--Application for Inspection; Grant or Refusal of Inspection
Sec. 381.22 Conditions for receiving inspection.
(a) Before being granted Federal inspection, an establishment shall
have developed written sanitation Standard Operating Procedures, in
accordance with part 416 of this chapter.
(b) Before being granted Federal inspection, an establishment shall
have conducted a hazard analysis and developed and validated a HACCP
plan, in accordance with Secs. 417.2 and 417.4 of this chapter. A
conditional grant of inspection shall be issued for a period not to
exceed 90 days, during which period the establishment must validate its
HACCP plan.
(c) Before producing new product for distribution in commerce, an
establishment shall have conducted a hazard analysis and developed a
HACCP plan applicable to that product in accordance with Sec. 417.2 of
this chapter. During a period not to exceed 90 days after the date the
new product is produced for distribution in commerce, the establishment
shall validate its HACCP plan, in accordance with Sec. 417.4 of this
chapter.
[61 FR 38866, July 25, 1996]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.25]
[Page 435]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart E--Inauguration of Inspection; Official Establishment Numbers;
Separation of Establishments and Other Requirements; Withdrawal of
Inspection
Sec. 381.25 Official establishment numbers.
An official establishment number shall be assigned to each
establishment granted inspection service. Such number shall be used to
identify all containers of inspected poultry products prepared in the
establishment. An establishment shall not have more than one
establishment number.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.26]
[Page 435]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart E--Inauguration of Inspection; Official Establishment Numbers;
Separation of Establishments and Other Requirements; Withdrawal of
Inspection
Sec. 381.26 Separation of establishments.
Each official establishment shall be separate and distinct from any
other official establishment and from any unofficial establishment
except an establishment preparing meat products under the Federal Meat
Inspection Act or under State meat inspection. Further, doorways, or
other openings, may be permitted between establishments at the
discretion of the Administrator and under such conditions as he may
prescribe.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.27]
[Page 435]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart E--Inauguration of Inspection; Official Establishment Numbers;
Separation of Establishments and Other Requirements; Withdrawal of
Inspection
Sec. 381.27 Inauguration of service; notification concerning regulations; status of uninspected poultry products.
The inspector in charge or his supervisor shall, upon or prior to
the inauguration of service, inform the operator of the establishment of
the requirements of the regulations. If the establishment at the time
service is inaugurated contains any poultry product which has not been
inspected and marked in compliance with the regulations, its identity
shall be maintained, and it shall not be represented or dealt with as a
product which has been inspected. Such products may not be shipped in
commerce unless such products are eligible for such shipment under an
exemption from inspection under subpart C and comply with all
requirements of said subpart.
[[Page 436]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.28]
[Page 436]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart E--Inauguration of Inspection; Official Establishment Numbers;
Separation of Establishments and Other Requirements; Withdrawal of
Inspection
Sec. 381.28 Report of violations.
Each inspector, agent, representative, or employee of the Inspection
Service shall report, in the manner prescribed by the Administrator, all
violations of the Act and noncompliance with the regulations of which he
has knowledge.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.32]
[Page 436]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart F--Assignment and Authorities of Program Employees; Appeals
Sec. 381.32 Access to establishments.
Any duly authorized representative of the Secretary shall have
access at all reasonable times, by day or night, whether the
establishment is in operation or not, to the premises or any part
thereof of an establishment engaged in processing poultry or poultry
products for commerce, upon presentation of appropriate credentials.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.33]
[Page 436]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart F--Assignment and Authorities of Program Employees; Appeals
Sec. 381.33 Identification.
Each inspector will be furnished with a numbered official inspection
badge, which shall remain in his or her possession at all times, and
which shall be worn in such manner and at such times as the
Administrator may prescribe. This badge shall be sufficient
identification to entitle the inspector to admittance at all regular
entrances and to all parts of the establishment and premises to which
the inspector is assigned.
[59 FR 42156, Aug. 17, 1994]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.34]
[Page 436]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart F--Assignment and Authorities of Program Employees; Appeals
Sec. 381.34 Financial interest of inspectors.
(a) No inspector shall inspect any poultry or poultry product in
which he, his spouse, minor child, partner, organization in which he is
serving as officer, director, trustee, partner, or employee, or any
person with whom he is negotiating or has any arrangement concerning
prospective employment, is financially interested.
(b) All inspectors are subject to statutory restrictions with
respect to political activities; e.g., 5 U.S.C. 7324 and 1502.
(c) Violation of the provisions of paragraph (a) of this section or
the provisions of applicable statutes referenced in paragraph (b) of
this section will constitute grounds for dismissal in the case of
appointees and for revocation of licenses in the case of licensees.
(d) Inspectors are subject to all applicable provisions of law and
regulations and instructions of the Department and the Food Safety and
Inspection Service and other authority concerning employee
responsibilities and conduct. The setting forth of certain prohibitions
in this part in no way limits the applicability of such general or other
regulations or instructions.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.35]
[Page 436]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart F--Assignment and Authorities of Program Employees; Appeals
Sec. 381.35 Appeal inspections; how made.
Any person receiving inspection service may, if dissatisfied with
any decision of an inspector relating to any inspection, file an appeal
from such decision: Provided, That such appeal is filed within 48 hours
from the time the decision was made. Any such appeal from a decision of
an inspector shall be made to his immediate superior having jurisdiction
over the subject matter of the appeal, and such superior shall determine
whether the inspector's decision was correct. Review of such appeal
determination, when requested, shall be made by the immediate superior
of the employee of the Department making the appeal determination. The
cost of any such appeal shall be borne by the appellant if the
Administrator determines that the appeal is frivolous. The charges for
such frivolous appeal shall be at the rate of $9.28 per hour for the
time required to make the appeal inspection. The poultry or poultry
products involved in any appeal shall be identified by U.S. retained
tags and segregated in a manner approved by the inspector pending
completion of an appeal inspection.
[48 FR 11419, Mar. 18, 1983, as amended at 60 FR 67456, Dec. 29, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.36]
[Page 436-440]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart G--Facilities for Inspection; Overtime and Holiday Service;
Billing Establishments
Sec. 381.36 Facilities required.
(a) Inspector's Office. Office space, including, but not being
limited to furnishings, light, heat, and janitor service, shall be
provided rent free in the
[[Page 437]]
official establishment, for the use of Government personnel for official
purposes. The room or space set apart for this purpose must meet the
approval of the Inspection Service and be conveniently located, properly
ventilated, and provided with lockers or file cabinets suitable for the
protection and storage of supplies and with facilities suitable for
inspectors to change clothing. At the discretion of the Administrator,
small plants requiring the services of less than one full-time inspector
need not furnish facilities for Program employees as prescribed in this
section, where adequate facilities exist in a nearby convenient
location. Each official establishment shall provide commercial laundry
service for inspectors' outer work clothing, or disposable outer work
garments designed for one-time use, or uniform rental service garments
which are laundered by the rental service.
(b) Facilities for ante mortem inspection. A suspect pen is required
for adequate ratite inspection.
(c) Facilities for the Streamlined Inspection System (SIS). The
following requirements for lines operating under SIS are in addition to
the normal requirements to obtain a grant of inspection. The
requirements for SIS in Sec. 381.76(b) also apply.
(1) The following provisions shall apply to every inspection
station:
(i) The conveyor line shall be level for the entire length of the
inspection station. The vertical distance from the bottom of the
shackles to the top of the adjustable platform (paragraph (c)(1)(iv) of
this section) in its lowest position shall not be less than 60 inches.
(ii) Floor space shall consist of 4 feet along the conveyor line for
the inspector, and 4 feet for the establishment helper. A total of at
least 8 feet along the conveyor line shall be supplied for one
inspection station and 16 feet for two-inspection stations.
(iii) Selectors or "kickouts" shall be installed in establishments
with two inspection stations on a line so each inspector will receive
birds on 12-inch centers with no intervening birds to impede inspection.
The selector must move the bird to the edge of the trough for the
inspector and establishment helper. The selectors must be smooth,
steady, and consistent in moving the birds parallel and through the
inspection station. Birds shall be selected and released smoothly to
avoid swinging when entering the inspection station.
(iv) Each inspector's station shall have a platform that is slip-
resistant and can be safely accessed by the inspector. The platform
shall be designed so that it can be easily and rapidly adjusted for a
minimum of 14 inches vertically while standing on the platform. The
platform shall be a minimum length of 4 feet and have a minimum width of
2 feet; the platform shall be designed with a 42-inch high rail on the
back side and with \1/2\-inch foot bumpers on both sides and front to
allow safe working conditions. The platform must have a safe lift
mechanism and be large enough for the inspector to sit on a stool and to
change stations during breaks or station rotation.
(v) Conveyor line stop/start switches shall be located within easy
reach of each inspector.
(vi) A trough or other facilities shall extend beneath the conveyor
at all places where processing operations are conducted from the point
where the carcass is opened to the point where the trimming has been
performed. The trough must be of sufficient width to preclude trimmings,
drippage, and debris from accumulating on the floor or platforms. The
clearance between the suspended carcasses and the trough must be
sufficient to preclude contamination of carcasses by splash.
(vii) A minimum of 200-footcandles of shadow-free lighting with a
minimum color rendering index value of 85 where the birds are inspected
to facilitate inspection.
(viii) Online handrinsing facilities with a continuous flow of water
must be provided for and within easy reach of each inspector and each
establishment helper. The hand-contact element must be rinsed
automatically with a sufficient volume of water to remove all fat,
tissue, debris, and other extraneous material from the hand contact
element after each use. Both hot and cold running water shall be
available at each inspection station on the eviscerating line and shall
be delivered
[[Page 438]]
through a suitable mixing device controlled by the inspector.
Alternatively, water for hand washing shall be delivered to such
inspection stations at a minimum temperature of 65 degrees F.
(ix) Hangback racks shall be provided for and positioned within easy
reach of the establishment helpers.
(x) Each inspection station shall be provided with receptacles for
condemned carcasses and parts. Such receptacles shall comply with the
performance standards in Sec. 416.3(c) of this chapter.
(2) The following provisions shall apply only to prechill and
postchill reinspection stations:
(i) Floor space shall consist of a minimum of 3 feet along each
conveyor line and after each chiller to allow carcasses to be removed
for evaluation. The space shall be level and protected from all traffic
and overhead obstructions.
(ii) The vertical distance from the bottom of the shackles to the
floor shall not be less than 48 inches.
(iii) A table, at least 2 feet wide, 2 feet deep, and 3 feet high
designed to be readily cleanable and drainable shall be provided for
reinspecting the sampled birds.
(iv) A minimum of 200-footcandles of shadow-free lighting with a
minimum color rendering index of 85 on the table surface shall be
provided.
(v) A separate clip board holder shall be provided for holding the
recording sheets.
(vi) Handwashing facilities shall be provided for and shall be
within easy access of persons working at the stations.
(vii) Hangback racks designed to hold 10 carcasses shall be provided
for and positioned within easy reach of the person at the station.
(d) Facilities for the New Line Speed (NELS) inspection system. The
following requirements for lines operating under the NELS inspection
system are in addition to the normal requirements to obtain a grant of
inspection and to the requirements for NELS in Sec. 381.76 (b) and (c).
(1) The following provisions shall apply to every inspection
station:
(i) The conveyor line shall be level for the entire length of the
inspection station. The vertical distance from the bottom of the
shackles to the top of the adjustable platform (paragraph (d)(1)(iv) of
this section) in its lowest position shall not be less than 60 inches.
(ii) Floor space shall consist of 6 feet along the conveyor line for
the establishment employee presenting the birds, 4 feet for the
inspector, and 4 feet for the establishment helper. A total of at least
42 feet along the conveyor line shall be supplied for three inspection
stations.
(iii) Selectors or "kickouts" shall be installed so the three
inspection stations will receive birds on 18-inch centers with no
intervening birds to impede inspection. The selector must move the bird
to the end of the trough for the presenter, inspector, and establishment
helper. The selectors must be smooth, steady, and consistent in moving
the birds parallel and through the inspection station. Birds shall be
selected and released smoothly to avoid splashing the mirror (paragraph
(d)(1)(vii) of this section) and swinging when entering the inspection
station. Guide bars shall not extend in front of the inspection station
mirror to avoid obstructing the inspector's view.
(iv) Each inspector's station shall have an easily and rapidly
adjustable platform, with a minimum of 14 inches of vertical adjustment,
which covers the entire length of the station (4 feet) and has a minimum
width of 2 feet. The platform shall be designed with a 42-inch high rail
on the back side and with \1/2\-inch foot bumpers on both sides and
front to allow safe working conditions.
(v) Conveyor line stop/start switches shall be located within easy
reach of each inspector.
(vi) A trough shall extend beneath the conveyor at all places where
processing operations are conducted from the point where the carcass is
opened to the point where the trimming has been performed. The trough
must be of sufficient width to preclude trimmings, drippage, and debris
from accumulating on the floor or platforms. The clearance between the
suspended carcasses and the trough must be sufficient to preclude
contamination of carcasses by splash.
[[Page 439]]
(vii) A distortion-free mirror, at least 3 feet wide and 2 feet
high, shall be mounted at each inspection station so that it can be
adjusted between 5 and 15 inches behind the shackles, tilt up and down,
tilt from side to side, and be raised and lowered. The mirror shall be
positioned in relation to the inspection platform so that the inspector
can position himself/herself opposite it 8 to 12 inches from the
downstream edge. The mirror must be maintained abrasion free.
(viii) A minimum of 200-footcandles of shadow-free lighting with
minimum color rendering index value of 85 \1\ where the birds are
inspected to facilitate inspection. A light shall also be positioned
above and slightly in front of the mirror to facilitate the illumination
of the bird and mirror surfaces.
---------------------------------------------------------------------------
\1\ This requirement may be met by deluxe cool white type of
fluorescent lighting.
---------------------------------------------------------------------------
(ix) "One-line" handrinsing facilities with a continuous flow of
water shall be provided for and within easy reach of each inspector and
each establishment presenter and helper.
(x) Hangback racks shall be provided for and positioned within easy
reach of the establishment helpers.
(xi) Each inspection station shall be provided with receptacle for
condemned carcasses and parts. Such receptacles shall comply with the
performance standards in Sec. 416.3(c) of this chapter.
(2) The following provisions shall apply only to the reinspection
station:
(i) Floor space shall consist of 6 feet along the conveyor line. The
space shall be level and protected from all traffic and overhead
obstructions.
(ii) The vertical distance from the bottom of the shackles to the
floor shall not be less than 48 inches.
(iii) A table, at least 3 feet wide and 2 feet deep, shall be
provided for reinspecting the sample birds.
(iv) A minimum of 200-footcandles of shows free lighting with a
minimum color rendering index of 85 \1\ on the table surface.
(v) A separate clip board holder shall be provided for holding the
recording sheets.
(vi) Handwashing facilities shall be provided for and shall be
within easy reach of persons working at the station.
(vii) Hangback racks designed to hold 10 carcasses shall be provided
for and positioned within easy reach of the person at the station.
(e) Facilities for the New Turkey Inspection (NTI) System. The
following requirements for lines operating under the NTI System are in
addition to the normal requirements to obtain a grant of inspection and
to the requirements for the NTI System in Sec. 381.76 (b) and (c).
(1) The following provisions apply to every inspection station:
(i) The conveyor line must be level for the entire length of the
inspection station. The vertical distance from the bottom of the
shackles to the top of the adjustable platform (paragraph (e)(1)(iii) of
this section) in its lowest position shall not be less than 60 inches.
(ii) Floor space shall consist of 8 feet along the conveyor line; at
least 4 feet for the inspector, and at least 4 feet for the
establishment helper.
(iii) The inspector's station shall have an easily and rapidly
adjustable platform with a minimum width of 2 feet which covers the
entire length of the station (4 feet). The platform must adjust
vertically a minimum of 14 inches, and must have a 42-inch rail on the
back side and \1/2\-inch foot bumpers on the sides and the front to
allow safe working conditions.
(iv) Conveyor line stop/start switches shall be located within easy
reach of each inspector.
(v) A trough or other facilities shall extend beneath the conveyor
at all places where processing operations are conducted from the point
where the carcass is opened to the point where the trimming has been
performed. The trough must be wide enough to prevent trimmings,
drippage, and debris from accumulation on the floor or platforms. The
clearance between suspended carcasses and the trough must be sufficient
to prevent contamination of carcasses by splash.
(vi) A minimum of 200 foot-candles of shadow-free lighting with a
minimum
[[Page 440]]
color rendering index value of 85 \1\ where the birds are inspected to
facilitate inspection is required. The minimum lighting requirement for
inspection stations in Sec. 381.52(b) shall not apply.
---------------------------------------------------------------------------
\1\ This requirement may be met by deluxe cool white fluorescent
lighting.
---------------------------------------------------------------------------
(vii) On-line handrinsing facilities with a continuous flow of water
shall be provided for and within easy reach of each inspector and each
establishment helper.
(viii) Hangback racks shall be provided for and within easy reach of
the establishment helper.
(ix) Each inspection station shall be provided with receptacles for
condemned carcasses and parts. Such receptacles shall comply with the
performance standards in Sec. 416.3(c) of this chapter.
(2) The following provisions shall apply only to the reinspection
station:
(i) Floor space shall consist of a minimum of 3 feet along the
conveyor line so carcasses can be removed from each line for evaluation.
The space shall be level and protected from all traffic and overhead
obstructions.
(ii) The vertical distance from the bottom of the shackles to the
floor must not be less than 48 inches.
(iii) A table at least 3 feet wide and 2 feet deep designed to be
readily cleanable and drainable shall be provided for reinspecting the
sampled birds.
(iv) A minimum of 200 foot-candles of shadow-free lighting with a
minimum color rendering index of 85 \1\ at the table surface is
required.
(v) A clipboard holder shall be provided for holding the recording
sheets.
(vi) Handwashing facilities shall be provided for and within easy
reach of persons working at the station.
(vii) Hangback racks designed to hold 10 carcasses shall be provided
for and positioned within easy reach of the person at this station.
[37 FR 9706, May 16, 1972, as amended at 38 FR 9794, Apr. 20, 1973; 47
FR 23434, May 28, 1982; 49 FR 42554, Oct. 23, 1984; 50 FR 37512, Sept.
16, 1985; 52 FR 39209, Oct. 21, 1987; 64 FR 56416, Oct. 20, 1999; 66 FR
22905, May 7, 2001]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.37]
[Page 440-441]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart G--Facilities for Inspection; Overtime and Holiday Service;
Billing Establishments
Sec. 381.37 Schedule of operations.
(a) No operations requiring inspection shall be conducted except
under the supervision of an Inspection Service employee. All
eviscerating of poultry and further processing shall be done with
reasonable speed, considering the official establishment's facilities.
(b) A shift is a regularly scheduled operating period, exclusive of
mealtime. One lunch period is the only official authorized interruption
in the inspector's tour of duty once it begins. Lunch periods may be 30
minutes, 45 minutes, or in any case may not exceed one hour in duration.
Once established, the lunch period must remain relatively constant as to
time and duration. Lunch periods for inspectors shall not, except as
provided herein, occur prior to 4 hours after the beginning of scheduled
operations nor later than 5 hours after operations begin. In plants
where a company rest break of not less than 30 minutes is regularly
observed, approximately midpoint between start of work and the lunch
period, and the inspector is allowed this time to meet his personal
needs, the lunch period may be scheduled as long as 5\1/2\ hours after
the beginning of scheduled operations.
(c) Official establishments, importers, and exporters shall be
provided inspection service, without charge, up to 8 hours per shift
during the basic workweek subject to the provisions of Sec. 381.38:
Provided, That any additional shifts meet requirements as determined by
the Administrator or his designee. The basic workweek shall consist of 5
consecutive 8-hour days within the administrative workweek Sunday
through Saturday, excluding the lunch period; except that, when
possible, the Department shall schedule the basic workweek so as to
consist of 5 consecutive 8-hour days Monday through Friday, excluding
lunch period. The Department may depart from the basic workweek in those
cases where maintaining such a schedule would seriously handicap the
Department in carrying out its functions. These provisions are
applicable to all official establishments except in certain cases as
provided in Sec. 381.145(h) of this subchapter.
[[Page 441]]
(d)(1) Each official establishment shall submit a work schedule to
the area supervisor for approval. In consideration of whether the
approval of an establishment work schedule shall be given, the area
supervisor shall take in account the efficient and effective use of
inspection personnel. The work schedule must specify the workweek, daily
clock hours of operation, and lunch periods for all departments of the
establishment requiring inspection.
(2) Establishments shall maintain consistent work schedules. Any
request by an establishment for a change in its work schedule involving
changes in the workweek or an addition or elimination of shifts shall be
submitted to the area supervisor at least 2 weeks in advance of the
proposed change. Frequent requests for change shall not be approved:
Provided, however, Minor deviations from a daily operating schedule may
be approved by the inspector in charge if such request is received on
the day preceding the day of change.
(3) Requests for inspection service outside an approved work
schedule shall be made as early in the day as possible for overtime work
to be performed within that same workday; or made prior to the end of
the day's operation when such a request will result in overtime service
at the start of the following day: Provided, That an inspector may be
recalled to his assignment after the completion of his daily tour of
duty under the provisions of Sec. 381.39(b).
[40 FR 45800, Oct. 3, 1975, as amended at 40 FR 50719, Oct. 31, 1975; 41
FR 15401, Apr. 13, 1976; 48 FR 6893, Feb. 16, 1983; 51 FR 32304, Sept.
11, 1986]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.38]
[Page 441]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart G--Facilities for Inspection; Overtime and Holiday Service;
Billing Establishments
Sec. 381.38 Overtime and holiday inspection service.
(a) The management of an official establishment, an importer, or an
exporter shall reimburse the Program, at the rate specified in
Sec. 391.3, for the cost of the inspection service furnished on any
holiday specified in paragraph (b) of this section; or for more than 8
hours on any day, or more than 40 hours in any administrative workweek
Sunday through Saturday.
(b) Holidays for Federal employees shall be New Year's Day, January
1; Birthday of Martin Luther King, Jr., the third Monday in January;
Washington's Birthday, the third Monday in February; Memorial Day, the
last Monday in May; Independence Day, July 4; Labor Day, the first
Monday in September; Columbus Day, the second Monday in October;
Veterans' Day, November 11; Thanksgiving Day, the fourth Thursday in
November; Christmas Day, December 25. When any of the above-listed
holidays falls outside the basic workweek, the nearest workday within
that week shall be the holiday.
[40 FR 45801, Oct. 3, 1975, as amended at 43 FR 51754, Nov. 7, 1978; 50
FR 51513, Dec. 18, 1985; 52 FR 5, Jan. 2, 1987; 53 FR 13398, Apr. 22,
1988; 54 FR 6390, Feb. 10, 1989]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.39]
[Page 441]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart G--Facilities for Inspection; Overtime and Holiday Service;
Billing Establishments
Sec. 381.39 Basis of billing for overtime and holiday services.
(a) Each recipient of overtime or holiday inspection service, or
both, shall be billed as provided for in Sec. 381.38(a) and at the rate
specified in Sec. 391.3, in increments of quarter hours. For billing
purposes, 8 or more minutes shall be considered a full quarter hour.
Billing will be for each quarter hour of service rendered by each
Inspection Service employee.
(b) Official establishments, importers, or exporters requesting and
receiving the services of an Inspection Service employee after he has
completed his day's assignment and left the premises, or called back to
duty during any overtime or holiday period, shall be billed for a
minimum of 2 hours overtime or holiday inspection service at the
established rate.
(c) Bills are payable upon receipt and become delinquent 30 days
from the date of the bill. Overtime or holiday inspection will not be
performed for anyone having a delinquent account.
[40 FR 45801, Oct. 3, 1975, as amended at 54 FR 6390, Feb. 10, 1989]
Subpart H [Reserved]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.65]
[Page 441-442]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart I--Operating Procedures
Sec. 381.65 Operations and procedures, generally.
(a) Operations and procedures involving the processing, other
handling, or storing of any poultry product must be
[[Page 442]]
strictly in accord with clean and sanitary practices and must be
conducted in a manner that will result in sanitary processing, proper
inspection, and the production of poultry and poultry products that are
not adulterated.
(b) Poultry must be slaughtered in accordance with good commercial
practices in a manner that will result in thorough bleeding of the
carcasses and ensure that breathing has stopped prior to scalding. Blood
from the killing operation must be confined to a relatively small area.
(c) When thawing frozen ready-to-cook poultry in water, the
establishment must use methods that prevent adulteration of, or net
weight gain by, the poultry.
(d) The water used in washing the poultry must be permitted to drain
freely from the body cavity.
(e) Poultry carcasses contaminated with visible fecal material shall
be prevented from entering the chilling tank.
(f) Detached ova may be collected for human food and handled only in
accordance with 9 CFR 590.44 and may leave the establishment only to be
moved to an official egg product processing plant for processing. Ova
from condemned carcasses must be condemned and treated as required in
Sec. 381.95.
[66 FR 1771, Jan. 9, 2001; 66 FR 19714, Apr. 17, 2001]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.66]
[Page 442-443]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
Subpart I--Operating Procedures
Sec. 381.66 Temperatures and chilling and freezing procedures.
(a) General. Temperatures and procedures that are necessary for
chilling and freezing ready-to-cook poultry, including all edible
portions thereof, must be in accordance with operating procedures that
ensure the prompt removal of the animal heat, preserve the condition and
wholesomeness of the poultry, and assure that the products are not
adulterated.
(b) General chilling requirements, except for ratites. (1) All
poultry that is slaughtered and eviscerated in the official
establishment shall be chilled immediately after processing so that the
internal temperature is reduced to 40 deg.F. or less, as provided in
paragraph (b)(2) of this section unless such poultry is to be frozen or
cooked immediately at the official establishment. Eviscerated poultry to
be shipped from the establishment in packaged form shall be maintained
at 40 deg.F. or less, except that during further processing and
packaging operations, the internal temperature may rise to a maximum of
55 deg.F.: Provided, That immediately after packaging, the poultry is
placed under refrigeration at a temperature that will promptly lower the
internal temperature of the product to 40 deg.F. or less, or the
poultry is placed in a freezer. Poultry which is to be held at the plant
in packaged form in excess of 24 hours shall be held in a room at a
temperature of 36 deg.F. or less.
(2) Major portions of poultry carcasses, as defined in
Sec. 381.170(b)(22), and poultry carcasses shall be chilled to 40
deg.F. or lower within the following specified times:
------------------------------------------------------------------------
Time
Weight of carcass (hours)
------------------------------------------------------------------------
Under 4 pounds............................................... 4
4 to 8 pounds................................................ 6
Over 8 pounds................................................ 8
------------------------------------------------------------------------
(c) Ice and water chilling. (1) Only ice produced from potable water
may be used for ice and water chilling, except that water and ice used
for chilling may be reused in accordance with Sec. 416.2(g). The ice
must be handled and stored in a sanitary manner.
(2)(i) Poultry chilling equipment must be operated in a manner
consistent with meeting the applicable pathogen reduction performance
standards for raw poultry products as set forth in Sec. 381.94 and the
provisions of the establishment's HACCP plan.
(ii) Major portions of poultry carcasses, as defined in
Sec. 381.170(b)(22), may be chilled in water and ice.
(3) Previously chilled poultry carcasses and major portions must be
maintained constantly at 40 deg.F or below until removed from the vats
or tanks for immediate packaging. Such products may be removed from the
vats or tanks prior to being cooled to 40 deg.F or below, for freezing
or cooling in the official establishment. Such products must not be
packed until after they have been chilled to 40 deg.F or below, except
when the packaging will be followed immediately by freezing at the
official establishment.
[[Page 443]]
(4) Giblets must be chilled to 40 deg.F or below within 2 hours
from the time they are removed from the inedible viscera, except that
when they are cooled with the carcass, the requirements of paragraph
(b)(2) of this section must apply. Any of the acceptable methods of
chilling the poultry carcass may be followed in cooling giblets.
(d) Water absorption and retention. (1) Poultry washing, chilling,
and draining practices and procedures must be such as will minimize
water absorption and retention at time of packaging.
(2) The establishment must provide scales, weights, identification
devices, and other supplies necessary to conduct water tests.
(e) Air chilling. In air chilling ready-to-cook poultry, the
internal temperature of the carcasses shall be reduced to 40 deg.F. or
less within 16 hours.
(f) Freezing. (1) Ready-to-cook poultry which is to be or is labeled
with descriptive terms such as "fresh frozen," "quick frozen" or
"frozen fresh" or a