[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: 9CFR381.37]

[Page 439-440]
 
                  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. 381.37  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

[[Page 440]]

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.
    (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]