[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR309.3]

[Page 108-109]
 
                  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. 309.3  Dead, dying, disabled, or diseased and similar livestock.

    (a) Livestock found to be dead or in a dying condition on the 
premises of an official establishment shall be identified as U.S. 
Condemned and disposed of in accordance with Sec. 309.13.
    (b) Livestock plainly showing on ante-mortem inspection any disease 
or condition that, under part 311 of this subchapter, would cause 
condemnation of their carcasses on post-mortem inspection shall be 
identified as U.S. Condemned and disposed of in accordance with Sec. 
309.13.
    (c) Any swine having a temperature of 106 [deg]F. or higher and any 
cattle, sheep, goats, horses, mules, or other equines having a 
temperature of 105 [deg]F. or higher shall be identified as U.S. 
Condemned. In case of doubt as to the cause of the high temperature, or 
when for other reasons a Program employee deems such action warranted, 
any such livestock may be held for a reasonable time under the 
supervision of a Program employee for further observation and taking of 
temperature before final disposition of such livestock is determined. 
Any livestock so held shall be reinspected on the day it is slaughtered. 
If, upon such reinspection, or when not held for further observation and 
taking of temperature, then on the original inspection, the animal has a 
temperature of 106 [deg]F. or higher in the case of swine, or 105 
[deg]F. or higher in the case of other livestock, it shall be condemned 
and disposed of in accordance with Sec. 309.13.
    (d) Any livestock found in a comatose or semicomatose condition or 
affected with any condition not otherwise covered in this part, which 
would preclude release of the animal for

[[Page 109]]

slaughter for human food, shall be identified ``U.S. Condemned'' and 
disposed of in accordance with Sec. 309.13, except that such animal may 
be set apart and held for further observation or treatment under 
supervision of a Program employee or other official designated by the 
area supervisor and for final disposition in accordance with this part.
    (e) Non-ambulatory disabled cattle shall be condemned and disposed 
of in accordance with Sec. 309.13.

[35 FR 15563, Oct. 3, 1970, as amended at 69 FR 1873, Jan. 12, 2004]