[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: 9CFR325.8]

[Page 322-323]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 325--TRANSPORTATION--Table of Contents
 
Sec. 325.8  Transportation and other transactions concerning certain undenatured lungs or lung lobes from official establishments or in commerce; provisions and 
          restrictions.

    (a) Lungs or lung lobes, other than those condemned under 
Sec. 310.16(b) of this subchapter, that are prepared at any official 
establishment, may be sold, transported, offered for sale or 
transportation, or received for transportation from the establishment, 
in commerce or otherwise, without denaturing as prescribed in Sec. 314.1 
or Sec. 314.3 of this subchapter: Provided:
    (1) The lungs or lung lobes are sold, transported, or offered for 
sale or transportation to, or received for transportation by: An animal 
food manufacturer for use in manufacturing animal food; a zoo, mink 
farm, or other establishment for use as animal food without further 
processing; a warehouse in the United States for storage and subsequent 
movement to such a manufacturer or establishment in the United States, 
or from one warehouse to another for the account of and subsequent 
movement to such a manufacturer or establishment, or for export, for 
nonhuman food purposes.
    (2) The boxes or other containers used for shipping the undenatured 
lungs or lung lobes are closed with nylon filament tape, metallic on 
nonmetallic straps, round wire, or other

[[Page 323]]

similar materials that securely effect closure of such containers, and 
the containers are permanently identified in at least 2-inch (5 cm) high 
lettering with the statement ``(Species) Lungs--Not Intended for Human 
Food.'' In lieu of securely closing the immediate container with any of 
the above materials, a 1-inch (2.5 cm) wide bright orange band, 
imprinted around the length and width of the container may be used.
    (3) The name and place of business of the packer or distributor 
shall be shown on the immediate container of the product. In addition, 
the country of origin shall be shown on the immediate container of 
imported lungs or lung lobes.
    (b) Lungs or lung lobes, other than those condemned under a State 
law or regulation at least equal to Sec. 310.16(b) of this subchapter, 
that are prepared at any State inspected establishment may be sold, 
transported, offered for sale, or transportation or received for 
transportation from that establishment, in commerce, without denaturing 
as prescribed under section 201 of the Act, provided the State law or 
regulations permit such disposition and provided there is compliance 
with the provisions of paragraph (a) of this section.
    (c) Foreign establishments shall be eligible to export lungs or lung 
lobes, other than those condemned for reasons set forth in 
Sec. 310.16(b) of this subchapter, to the United States from such 
foreign country under this section, only if such establishments are 
certified and approved for export of products to the United States under 
part 327 of this subchapter, and such product complies with the 
applicable regulations for preventing the introduction into the United 
States of diseases (9 CFR 94), in addition to the requirements of 
paragraph (a) of this section.
    (d) All such lungs or lung lobes, if intended for animal food, are 
subject to the Federal Food, Drug, and Cosmetic Act.

[43 FR 43445, Sept. 26, 1978]