[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR325.11]



[Page 333-336]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 325_TRANSPORTATION--Table of Contents

 

Sec. 325.11  Inedible articles: denaturing and other means of 

identification; exceptions.



    (a) Except as provided in Sec. 325.8 and Sec. 325.10, no carcass, 

part of a carcass, rendered grease, tallow, or other fat derived from 

the carcasses of livestock, or other meat food product, that has not 

been inspected and passed at an official establishment under the 

provisions of this subchapter and is not exempted from such inspection, 

and no carcass, part of a carcass, fat or other meat food product that 

is adulterated or misbranded, shall be offered for transportation in 

commerce by any person unless it is handled in accordance with paragraph 

(b), (c), (d), or (e) of this section or is denatured or otherwise 

identified as prescribed in Sec. 325.13,



[[Page 334]]



Sec. 314.1, Sec. 314.3, Sec. 314.9, Sec. 314.10, or Sec. 314.11 of 

this subchapter.

    (b) Inedible rendered animal fats from official or other 

establishments in the United States having the physical characteristics 

of a meat food product fit for human food may be transported in commerce 

without denaturing, if the following conditions are met:

    (1) Such inedible rendered fat shall not be bought, sold, 

transported, or offered for sale or offered for transportation in 

commerce, or imported, except by rendering companies, dealers, brokers, 

or others who obtain a numbered permit for such activities from the 

Regional Director.

    (2) Such inedible rendered animal fat may be so distributed only if 

consigned to a domestic manufacturer of technical articles other than 

for human food or to an export terminal for exportation or storage for 

exportation as an inedible article, and provided, in the case of such 

fat consigned to a domestic manufacturer, the product is for use solely 

by the consignee for manufacturing purposes of nonhuman food articles 

and may not be further sold or shipped without first receiving approval 

of the Regional Director: And provided further, That such fat intended 

for export and stored at a terminal point prior to export will be 

subject to review by Program employees to assure that it is exported as 

inedible.

    (3) When transported in commerce, or imported, such inedible 

rendered fat shall be marked conspicuously with the words ``technical 

animal fat not intended for human food'' on the ends of the shipping 

containers, in letters not less than 2 inches high; in the case of 

shipping containers such as drums, tierces, barrels, and half barrels, 

and not less than 4 inches high in the case of tank cars and trucks. All 

shipping containers shall have both ends painted with a durable paint, 

if necessary, to provide a contrasting background for the required 

marking.

    (4) Such inedible rendered fat shall be transported only in sealed 

shipping containers bearing unofficial seals applied by the shipper, 

which shall include the identification number assigned by said Director 

for the permit holder. The number shall appear on the bill of lading or 

other transportation documents for the shipment. The consignees in the 

United States must retain the seals in their records as prescribed in 

part 320 of this subchapter.

    (5) Any diversion or effort to divert inedible rendered fat contrary 

to the provisions of this paragraph (b) or other violation of the 

provisions of this section may result in the revocation of the permit 

for shipment of technical animal fat at the discretion of the 

Administrator.

    (c) Inedible rendered animal fat derived from condemned or other 

inedible materials at official or other establishments in the United 

States may be transported in commerce if mixed with low grade offal or 

other materials which render the fat readily distinguishable from an 

article of human food, and if the outside container bears the word 

``inedible.''

    (d)(1) Except as provided in paragraphs (d)(2), (3), and (4) of this 

section, or in Sec. Sec. 314.10 and 314.11 of this subchapter, no 

animal food prepared, in whole or in part, from materials derived from 

the carcasses of livestock in an official establishment or elsewhere, 

shall be bought, sold, transported, offered for sale or transportation, 

or received for transportation, in commerce, or imported, unless:

    (i) It is properly identified as animal food;

    (ii) It is not represented as being a human food; and

    (iii) It has been denatured as prescribed in Sec. 325.13(a)(2) so 

as to be readily distinguishable from an article of human food.

    (2) Notwithstanding the provisions of paragraph (d)(1) of this 

section, an animal food that consists of less than 5 percent of parts or 

products of the carcasses of livestock and that is not represented by 

labeling or appearance or otherwise as being a human food or as a 

product of the meat food industry need not be denatured in accordance 

with Sec. 325.13(a)(2).

    (3) Notwithstanding the provisions of paragraph (d)(1) of this 

section, animal food packed in hermetically sealed, retort processed, 

conventional retail-size containers, and retail-size packages of semi-

moist animal food need not be denatured in accordance with Sec. 

325.13(a)(2)



[[Page 335]]



if the name of the article clearly conveys the article's intended use 

for animal food and appeared on the label in a conspicuous manner.

    (i) Except as provided in paragraph (ii) of paragraph (d)(3), the 

name of the article must be stated on the label as ``Animal Food,'' 

``Pet Food,'' or ``(name of species) Food'' (e.g., ``Dog Food'' or ``Cat 

Food''). To be considered conspicuous, the name of the article, wherever 

it appears on the label, must be in letters at least twice as high, 

wide, and thick as the letters indicating the presence in the article of 

any ingredients derived from the carcasses of livestock.

    (ii) Notwithstanding the provisons of paragraph (i) of this 

paragraph (d)(3), the article's name may be stated on the label to show 

that it is or contains livestock-source material and that the article is 

for animals; e.g., ``Horsemeat for Pets'' or ``Beef Stew for Dogs'': 

Provided, That the entire name of the article is stated, wherever it 

appears on the label, as an individual, contiguous unit, whether stated 

on a single line or more than one line, and the letters denoting the 

article's intended use for animal food are at least as high, wide, and 

thick as the letters indicating the presence of material derived from 

any livestock carcass. However, when the label bears on its principal 

display panel a vignette which pictures, in clearly recognizable form 

and size, one or more animals of the species for which the article's 

name indicates the article is intended, the letters used to state the 

article's intended use shall be at least one-half as high, wide, and 

thick as the letters used in the article's name or other letters 

indicating the presence of material derived from any livestock carcass, 

but shall not be less than \1/8\ inches high. The letters used to state 

the article's intended use may be separated from the article's name by 

the vignette.

    (iii) Letters used to denote the intended use of the article must 

contrast as markedly with their background as the letters indicating the 

presence in the article of livestock carcass-source material contrast 

with their background.

    (4) The requirements of this part do not apply to livestock or 

poultry feeds manufactured from processed livestock byproducts (such as 

meat meal tankage, meat and bone meal, blood meal, and feed grade animal 

fat), or to processed dry animal food.

    (e) Except for inedible rendered animal fats and lungs or lung 

lobes, inedible products (including condemned products only if condemned 

for causes specified in Sec. 314.11 of this subchapter) which were 

prepared at any official establishment, or at any State inspected 

establishment in any State not listed in Sec. 331.2 of this subchapter, 

and which have the physical characteristics of a product fit for human 

food, may be transported from an official establishment or in commerce, 

without denaturing as required by this subchapter, if the following 

conditions are met:

    (1) The shipper must have obtained a numbered permit for such 

activity from the appropriate Regional Director, as identified in Sec. 

301.2 of this subchapter. Such permit may be obtained upon written 

application to the appropriate Regional Director and his determination 

that the proposed transportation would be authorized under this 

paragraph (e). The application shall state the name and address of the 

applicant, a description of the type of his business operations, and the 

purpose of making such application.

    (2) Such inedible products may be transported under this paragraph 

(e) only if consigned to a manufacturer in the United States of articles 

other than for human food and if the product is for use solely by the 

consignee for manufacturing articles not for human food. Such products 

may not be transported in commerce to any consignee other than the one 

to which they were originally shipped unless prior notice of the 

diversion is given to the appropriate Regional Director and a record 

identifying the new consignee is maintained by the shipper as required 

by Sec. 320.1 of this subchapter.

    (3) When transported from an official establishment or in commerce 

under this paragraph (e), the outside container of such inedible 

products shall be marked conspicuously with the words ``Inedible--Not 

Intended for Human Food'' in letters not less than 2 inches high, in the 

case of containers,



[[Page 336]]



such as cartons, drums, tierces, barrels, and half barrels, and not less 

than 4 inches high in the case of tank cars and trucks used to transport 

such products not in other containers.

    (4) Such inedible products shall be transported from an official 

establishment or in commerce under this paragraph (e) only in railroad 

cars, trucks, or containers which bear unofficial seals applied by the 

shipper, which shall include the identification number assigned to the 

permit holder and an individual seal serial number assigned by the 

shipper; and the product so transported shall be accompanied by an 

invoice or bill of lading specifying the permit holder's identification 

number. The consignee in the United States must retain a record of the 

identification and serial numbers shown on the seals in his records as 

prescribed in part 320 of this subchapter.

    (5) Any diversion, or effort to divert, undenatured, inedible 

product contrary to the provisions of this paragraph (e) or other 

violation of the provisions of this section may result in the revocation 

of the permit for shipment of inedible products under this paragraph 

(e), at the discretion of the Administrator.



[47 FR 17274, Apr. 22, 1982, as amended at 49 FR 47478, Dec. 5, 1984]