[Code of Federal Regulations]
[Title 9, Volume 2, Parts 200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR309.2]

[Page 100-102]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 309--ANTE-MORTEM INSPECTION--Table of Contents
 
Sec. 309.2  Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or otherwise.

    (a) Any livestock which, on ante-mortem inspection, do not clearly 
show, but are suspected of being affected with any disease or condition 
that, under part 311 of this subchapter, may cause condemnation of the 
carcass on post-mortem inspection, and any livestock which show, on 
ante-mortem inspection, any disease or condition that, under part 311 of 
this subchapter would cause condemnation of only part of the carcass on 
post-mortem inspection, shall be so handled as to retain its identity as 
a suspect until it is given final post-mortem inspection, when the 
carcass shall be marked and disposed of as provided in parts 310 and 311 
of this subchapter, or until it is disposed of as otherwise provided in 
this part.
    (b) All seriously crippled animals and animals commonly termed 
``downers,'' shall be identified as U.S. Suspects and disposed of as 
provided in Sec. 311.1 of this subchapter unless they are required to be 
classed as condemned under Sec. 309.3.
    (c) Livestock which have reacted to a test for leptospirosis, or 
anaplasmosis, but which show no symptoms of the disease, shall be 
identified as U.S. Suspects and disposed of as provided in Sec. 311.10 
of this subchapter.
    (d) Livestock which are known to have reacted to the tuberculin test 
shall be identified as U.S. Suspects and disposed of as provided in 
Sec. 311.2 of this subchapter, except that livestock bearing an official 
``USDA Reactor'' or similar State reactor tag shall not be tagged as 
U.S. Suspects.
    (e) Any cattle found on ante-mortem inspection to be affected with 
epithelioma of the eye or of the orbital region to a lesser extent than 
as described in Sec. 309.6 shall be identified as a

[[Page 101]]

U.S. Suspect and disposed of as provided in Sec. 311.12 of this 
subchapter.
    (f) Cattle found on ante-mortem inspection to be affected with 
anasarca to a lesser extent than as described in Sec. 309.8 shall be 
identified as U.S. Suspects and disposed of as provided in Sec. 311.8 of 
this subchapter or paragraph (g) of this section.
    (g) Any livestock suspected of being affected with anasarca may be 
set apart and held for treatment under Program or other responsible 
official supervision approved by the area supervisor. If at the 
expiration of the treatment period the livestock upon examination is 
found to be free from disease, it may be released for any purpose. 
Otherwise, it shall be identified as U.S. Suspect and disposed of as 
provided in Sec. 311.8 of this subchapter or condemned and disposed of 
as provided in Sec. 309.8, whichever is appropriate.
    (h) All hogs suspected on ante-mortem inspection of being affected 
with swine erysipelas shall be identified as U.S. Suspects and disposed 
of as provided in Sec. 311.5 of this subchapter or paragraph (i) of this 
section.
    (i) A hog suspected of being affected with swine erysipelas may be 
set apart and held for treatment under Program or other responsible 
official supervision approved by the area supervisor. If at the 
expiration of the treatment period the animal upon examination is found 
to be free from disease, it may be released for any purpose. Otherwise, 
it shall be identified as U.S. Suspect and disposed of as provided in 
Sec. 311.5 of this subchapter, or condemned and disposed of as provided 
in Sec. 309.13, whichever is appropriate.
    (j) Any livestock which is affected with vesicular exanthema or 
vesicular stomatitis, but which has recovered to the extent that the 
lesions are in process of healing, the temperature is within normal 
range, and the livestock shows a return to normal appetite and activity, 
shall be identified as U.S. Suspect and disposed of as provided in 
Sec. 311.32 of this subchapter, except that if desired, such livestock 
may be set apart and held under supervision of a Program employee or 
other official designated by the area supervisor for treatment. If the 
livestock is set aside for treatment, the U.S. Suspect identification 
device will be removed by a Program employee, following such treatment, 
if the livestock is found to be free from any such disease. Such 
livestock found to be free from any such disease may be released for 
slaughter or for purposes other than slaughter, provided that in the 
latter instance, the operator of the official establishment or the owner 
of the animal shall first obtain permission from the local, State, or 
Federal livestock sanitary official having jurisdiction over the 
movement of such livestock.
    (k) Livestock which are offered for ante-mortem inspection under 
this part, and which are regarded by the inspector as immature, shall be 
identified as U.S. Suspects and, if slaughtered, the disposition of 
their carcasses shall be determined by the post-mortem findings in 
connection with the ante-mortem conditions. If not slaughtered as 
suspects, such livestock shall be held under supervision of a Program 
employee or other official designated by the area supervisor, and after 
sufficient development may be released for slaughter or may be released 
for any other purpose, provided they have not been exposed to any 
infectious or contagious disease. If such exposure occurs, permission 
should be obtained from the nearest Veterinary Services unit of the 
Animal and Plant Health Inspection Service prior to release of such 
livestock.
    (l) Livestock previously condemned for listeriosis, if released for 
slaughter under Sec. 309.13(b) shall be identified as a U.S. Suspect in 
accordance with Sec. 309.13(c).
    (m) Each animal required by this part to be treated as a U.S. 
Suspect shall be identified as such by or under the supervision of a 
Program employee with an official device in accordance with Sec. 309.18. 
No such device shall be removed except by a Program employee.
    (n) Each animal identified as a U.S. Suspect on ante-mortem 
inspection shall be set apart and shall be slaughtered separately from 
other livestock at that establishment unless disposed of as otherwise 
provided in this part.
    (o) Each animal identified as a U.S. Suspect on ante-mortem 
inspection, when presented for slaughter shall be accompanied with a 
form MP 402-2 on

[[Page 102]]

which the inspector at the establishment shall record the U.S. Suspect 
identification number and any other identifying tag numbers present and 
a brief description of the animal and of the disease or condition for 
which the animal was classed as a suspect, including its temperature 
when the temperature of such animal might have a bearing on the 
disposition of the carcass on post-mortem inspection.
    (p) When any animal identified as a U.S. Suspect is released for any 
purpose or reason, as provided in this part, the official identification 
device shall be removed only by a Program employee and he shall report 
his action to the area supervisor. When a suspect is to be released 
under the provisions of this part for a purpose other than slaughter, 
the operator of the official establishment or the owner of the animal 
shall first obtain permission for the removal of such animal from the 
local, State or Federal livestock sanitary official having jurisdiction.

[35 FR 15563, Oct. 3, 1970, as amended at 38 FR 29214, Oct. 23, 1973; 39 
FR 36000, Oct. 17, 1974]