[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: 9CFR325.10]

[Page 323-324]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 325--TRANSPORTATION--Table of Contents
 
Sec. 325.10  Handling of products which may have become adulterated or misbranded; authorization and other requirements.

    (a) When it is claimed that any inspected and passed product, marked 
with an inspection legend, has become adulterated or misbranded after it 
has been transported from an official establishment, such product may be 
transported in commerce to an official establishment after oral 
permission is obtained from the area supervisor of the area in which 
that offical establishment is located. The transportation of the product 
may be to the official establishment from which it had been transported 
or to another official establishment designated by the person desiring 
to handle the product. The transportation shall be authorized only for 
the purpose of officially determining if the product has become 
adulterated or misbranded and making the appropriate disposition. The 
area supervisor shall make a record of the authorization and such other 
information which will effectively identify the shipment and shall 
provide a copy of the record to the inspector at the establishment 
receiving the product. The shipper shall be furnished a copy of the 
authorization record upon request.
    (b) Upon the arrival of the shipment at the official establishment, 
a careful inspection shall be made of the product by a Program 
inspector, and if it is found that the article is not adulterated, the 
same may be received into the establishment; but if the article is found 
to be adulterated, it shall at once be stamped ``U.S. inspected and 
condemned'' and disposed of in accordance with part 314 of this 
subchapter, and if it is found to be misbranded, it shall be handled in 
accordance with Sec. 318.2(d) of this subchapter: Provided, That when a 
product is found to be affected with one of the correctable conditions 
specified in Sec. 318.2(d) of this subchapter, in respect to which 
rehandling is permitted, it may be transported from the official 
establishment to another official establishment for such

[[Page 324]]

rehandling as is necessary to assure that the product is not adulterated 
or misbranded when finally released. The transportation of such a 
product from an official establishment shall be done in a manner 
prescribed in each specific case by the Administrator.

[35 FR 15605, Oct. 3, 1970, as amended at 47 FR 17274, Apr. 22, 1982]