[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: 9CFR381.1]



[Page 423-431]

 

                  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 A_Definitions

 

Sec. 381.1  Definitions.









                          Subpart A_Definitions



Sec.

381.1 Definitions.



     Subpart B_Administration; Application of Inspection and Other 

                              Requirements



381.3 Administration.

381.4 Inspection in accordance with methods prescribed or approved.

381.5 Publications.

381.6 Establishments requiring inspection.

381.7 Coverage of all poultry and poultry products processed in official 

          establishments.



                          Subpart C_Exemptions



381.10 Exemptions for specified operations.

381.11 Exemptions based on religious dietary laws.

381.12 Effect of religious dietary laws exemptions on other persons.

381.13 Suspension or termination of exemptions.

381.14 Inspection concerning purportedly exempted operations.

381.15 Exemption from definition of ``poultry product'' of certain human 

          food products containing poultry.



  Subpart D_Application for Inspection; Grant or Refusal of Inspection



381.16 How application shall be made.

381.17 Filing of application.

381.18 Authority of applicant.

381.20 Survey and grant of inspection.

381.21 Refusal of inspection.

381.22 Conditions for receiving inspection.



 Subpart E_Inauguration of Inspection; Official Establishment Numbers; 

   Separation of Establishments and Other Requirements; Withdrawal of 

                               Inspection



381.25 Official establishment numbers.

381.26 Separation of establishments.

381.27 Inauguration of service; notification concerning regulations; 

          status of uninspected poultry products.

381.28 Report of violations.



   Subpart F_Assignment and Authorities of Program Employees; Appeals



381.30-381.31 [Reserved]

381.32 Access to establishments.

381.33 Identification.

381.34 Financial interest of inspectors.

381.35 Appeal inspections; how made.



   Subpart G_Facilities for Inspection; Overtime and Holiday Service; 

                         Billing Establishments



381.36 Facilities required.

381.37 Schedule of operations.

381.38 Overtime and holiday inspection service.



[[Page 424]]



381.39 Basis of billing for overtime and holiday services.



Subpart H [Reserved]



                     Subpart I_Operating Procedures



381.65 Operations and procedures, generally.

381.66 Temperatures and chilling and freezing procedures.

381.67 Young chicken and squab slaughter inspection rate maximums under 

          traditional inspection procedure.

381.68 Maximum inspection rates--New turkey inspection system.



                    Subpart J_Ante Mortem Inspection



381.70 Ante mortem inspection; when required; extent.

381.71 Condemnation on ante mortem inspection.

381.72 Segregation of suspects on ante mortem inspection.

381.73 Quarantine of diseased poultry.

381.74 Poultry suspected of having biological residues.

381.75 Poultry used for research.



  Subpart K_Post Mortem Inspection; Disposition of Carcasses and Parts



381.76 Post-mortem inspection, when required; extent; traditional, 

          Streamlined Inspection System (SIS), New Line Speed (NELS) 

          Inspection System and the New Turkey Inspection (NTI) System; 

          rate of inspection.

381.77 Carcasses held for further examination.

381.78 Condemnation of carcasses and parts: separation of poultry 

          suspected of containing biological residues.

381.79 Passing of carcasses and parts.

381.80 General; biological residues.

381.81 Tuberculosis.

381.82 Diseases of the leukosis complex.

381.83 Septicemia or toxemia.

381.84 Airsacculitis.

381.85 Special diseases.

381.86 Inflammatory processes.

381.87 Tumors.

381.88 Parasites.

381.89 Bruises.

381.90 Cadavers.

381.91 Contamination.

381.92 Overscald.

381.93 Decomposition.

381.94 Contamination with Microorganisms; process control verification 

          criteria and testing; pathogen reduction standards.



Subpart L_Handling and Disposal of Condemned or Other Inedible Products 

                       at Official Establishments



381.95 Disposal of condemned poultry products.



      Subpart M_Official Marks, Devices and Certif icates; Export 

                 Certificates; Certification Procedures



381.96 Wording and form of the official inspection legend.

381.97 [Reserved]

381.98 Official seal.

381.99 Official retention and rejection tags.

381.100 Official detention tag.

381.101 Official U.S. Condemned mark.

381.102 [Reserved]

381.103 Official poultry condemnation certificates; issuance and form.

381.104 Official export certificates, marks and devices.

381.105 Export certification; marking of containers.

381.106 Form of official export certificate.

381.107 Special procedures as to certification of poultry products for 

          export to certain countries.

381.108 Official poultry inspection certificates; issuance and 

          disposition.

381.109 Form of official poultry inspection certificate.

381.110 Erasures or alterations made on certificates.

381.111 Data to be entered in proper spaces.

381.112 Official mark for maintaining the identity and integrity of 

          samples.



                    Subpart N_Labeling and Containers



381.115 Containers of inspected and passed poultry products required to 

          be labeled.

381.116 Wording on labels of immediate containers.

381.117 Name of product and other labeling.

381.118 Ingredients statement.

381.119 Declaration of artificial flavoring or coloring.

381.120 Antioxidants; chemical preservatives; and other additives.

381.121 Quantity of contents.

381.121a Quantity of contents labeling.

381.121b Definitions and procedures for determining net weight 

          compliance.

381.121c Scale requirements for accurate weights, repairs, adjustments, 

          and replacement after inspection.

381.121d Scales; testing of.

381.121e Handling of failed product.

381.122 Identification of manufacturer, packer or distributor.



[[Page 425]]



381.123 Official inspection mark; official establishment number.

381.124 Dietary food claims.

381.125 Special handling label requirements.

381.126 Date of packing and date of processing; contents of cans.

381.127 Wording on labels of shipping containers.

381.128 Labels in foreign languages.

381.129 False or misleading labeling or containers.

381.130 False or misleading labeling or containers; orders to withhold 

          from use.

381.131 Preparation of labeling or other devices bearing official 

          inspection marks without advance approval prohibited; 

          exceptions.

381.132 Labeling approval.

381.133 Generically approved labeling.

381.134 Requirement of formulas.

381.136 Affixing of official identification.

381.137 Evidence of labeling and devices approval.

381.138 Unauthorized use or disposition of approved labeling or devices.

381.139 Removal of official identifications.

381.140 Relabeling poultry products.

381.141-381.143 [Reserved]

381.144 Packaging materials.



  Subpart O_Entry of Articles Into Official Establishments; Processing 

       Inspection and Other Reinspections; Processing Requirements



381.146 Sampling at official establishments.

381.148 Processing and handling requirements for frozen poultry 

          products.

381.150 Requirements for the production of fully cooked poultry products 

          and partially cooked poultry breakfast strips.

381.151 Adulteration of product by polluted water; procedure for 

          handling.

381.152 Preparation in an official establishment of articles not for 

          human food.

381.153 Accreditation of chemistry laboratories.



     Subpart P_Definitions and Standards of Identity or Composition



381.155 General.

381.156 Poultry meat content standards for certain poultry products.

381.157 Canned boned poultry and baby or geriatric food.

381.158 Poultry dinners (frozen) and pies.

381.159 Poultry rolls.

381.160 (Kind) burgers; (Kind) patties.

381.161 ``(Kind) A La Kiev.''

381.162 ``(Kind) steak or fillet.''

381.163 ``(Kind) baked'' or ``(Kind) roasted.''

381.164 ``(Kind) barbecued.''

381.165 ``(Kind) barbecued prepared with moist heat.''

381.166 Breaded products.

381.167 Other poultry dishes and specialty items.

381.168 Maximum percent of skin in certain poultry products.

381.169 Ready-to-cook poultry products to which solutions are added.

381.170 Standards for kinds and classes, and for cuts of raw poultry.

381.171 Definition and standard for ``Turkey Ham.''

381.172 Requirements for substitute standardized poultry products named 

          by use of an expressed nutrient content claim and a 

          standardized term.

381.173 Mechanically Separated (Kind of Poultry).

381.174 Limitations with respect to use of Mechanically Separated (Kind 

          of Poultry).



              Subpart Q_Records, Registration, and Reports



381.175 Records required to be kept.

381.176 Place of maintenance of records.

381.177 Record retention period.

381.178 Access to and inspection of records, facilities and inventory; 

          copying and sampling.

381.179 Registration.

381.180 Information and reports required from official establishment 

          operators.

381.181 Reports by consignees of allegedly adulterated or misbranded 

          products; sale or transportation as violations.

381.182 Reports of inspection work.



  Subpart R_Cooperation With States and Territories; Certification of 

   State and Territorial Programs as at Least Equal to Federal Program



381.185 Assistance to State and Territorial programs.

381.186 Cooperation of States and other jurisdictions in Federal 

          programs.



  Subpart S_Transportation; Exportation; or Sale of Poultry or Poultry 

                                Products



381.189 Provisions inapplicable to specimens for laboratory examination, 

          etc., or to naturally inedible articles.

381.190 Transactions in slaughtered poultry and other poultry products 

          restricted; vehicle sanitation requirements.

381.191 Distribution of inspected products to small lot buyers.

381.192 Penalties inapplicable to carriers.

381.193 Poultry carcasses, etc., not intended for human food.

381.194 Transportation and other transactions concerning dead, dying, 

          disabled, or diseased poultry, and parts of carcasses of 

          poultry that died otherwise than by slaughter.



[[Page 426]]



                   Subpart T_Imported Poultry Products



381.195 Definitions; requirements for importation into the United 

          States.

381.196 Eligibility of foreign countries for importation of poultry 

          products into the United States.

381.197 Imported products; foreign inspection certificates required.

381.198 Importer to make application for inspection of poultry products 

          offered for entry.

381.199 Inspection of poultry products offered for entry.

381.200 Poultry products offered for entry, retention in customs 

          custody; delivery under bond; movement prior to inspection; 

          handling; facilities and assistance.

381.201 Means of conveyance and equipment used in handling poultry 

          products offered for entry to be maintained in sanitary 

          condition.

381.202 Poultry products offered for entry; reporting of findings to 

          customs; handling of articles refused entry; appeals, how 

          made; denaturing procedures.

381.203 Products offered for entry; charges for storage, cartage, and 

          labor with respect to products which are refused entry.

381.204 Marking of poultry products offered for entry; official import 

          inspection marks and devices.

381.205 Labeling of immediate containers of poultry products offered for 

          entry.

381.206 Labeling of shipping containers of poultry products offered for 

          entry.

381.207 Small importations for consignee's personal use, display, or 

          laboratory analysis.

381.208 Poultry products offered for entry and entered to be handled and 

          transported as domestic; entry into official establishments; 

          transportation.

381.209 Returned United States inspected and marked poultry products: 

          exemption.



    Subpart U_Detention; Seizure and Condemnation; Criminal Offenses



381.210 Poultry and other articles subject to administrative detention.

381.211 Method of detention; form of detention tag.

381.212 Notification of detention to the owner of the poultry or other 

          article, or the owner's agent, and person having custody.

381.213 Notification of governmental authorities having jurisdiction 

          over article detained; form of written notification.

381.214 Movement of poultry or other article detained; removal of 

          official marks.

381.215 Poultry or other articles subject to judicial seizure and 

          condemnation.

381.216 Procedure for judicial seizure, condemnation, and disposition.

381.217 Authority for condemnation or seizure under other provisions of 

          law.

381.218 Criminal offenses.



  Subpart V_Special Provisions for Designated States and Territories; 

 Criteria and Procedure for Designating Establishments With Operations 

 Which Would Clearly Endanger the Public Health; Disposition of Poultry 

                            Products Therein



381.220 Definition of ``State''.

381.221 Designation of States under paragraph 5(c) of the Act.

381.222 States designated under paragraph 5(c) of the Act; application 

          of regulations.

381.223 Control and disposition of nonfed erally inspected poultry 

          products in States designated under paragraph 5(c) of the Act.

381.224 Designation of States under section 11 of the Act; application 

          of sections of the Act and the regulations.

381.225 Criteria and procedure for designat ing establishments with 

          operations which would clearly endanger the public health; 

          disposition of poultry products therein.



                  Subpart X_Canning and Canned Products



381.300 Definitions.

381.301 Containers and closures.

381.302 Thermal processing.

381.303 Critical factors and the application of the process schedule.

381.304 Operations in the thermal processing area.

381.305 Equipment and procedures for heat processing systems.

381.306 Processing and production records.

381.307 Record review and maintenance.

381.308 Deviations in processing.

381.309 Finished product inspection.

381.310 Personnel and training.

381.311 Recall procedure.



                      Subpart Y_Nutrition Labeling



381.400 Nutrition labeling of poultry products.

381.401 [Reserved]

381.402 Location of nutrition information.

381.403-381.407 [Reserved]

381.408 Labeling of poultry products with number of servings.

381.409 Nutrition label content.

381.410-381.411 [Reserved]

381.412 Reference amounts customarily consumed per eating occasion.

381.413 Nutrient content claims; general principles.

381.414-381.442 [Reserved]

381.443 Significant participation for voluntary nutrition labeling.



[[Page 427]]



381.444 Identification of major cuts of poultry products.

381.445 Guidelines for voluntary nutrition labeling of single-

          ingredient, raw products.

381.446-381.453 [Reserved]

381.454 Nutrient content claims for ``good source,'' ``high,'' and 

          ``more''.

381.455 [Reserved]

381.456 Nutrient content claims for ``light'' or ``lite''.

381.457-381.459 [Reserved]

381.460 Nutrient content claims for calorie content.

381.461 Nutrient content claims for the sodium content.

381.462 Nutrient content claims for fat, fatty acids, and cholesterol 

          content.

381.463 Nutrient content claims for ``healthy.''

381.464-381.468 [Reserved]

381.469 Labeling applications for nutrient content claims.

381.470-381.479 [Reserved]

381.480 Label statements relating to usefulness in reducing or 

          maintaining body weight.

381.481-381.499 [Reserved]

381.500 Exemption from nutrition labeling.



    Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 2.18, 

2.53.



    Source: 37 FR 9706, May 16, 1972, unless otherwise noted.







    (a) For the purposes of the regulations in this part, unless 

otherwise required by the context, the singular form shall also import 

the plural and the masculine form shall also import the feminine, and 

vice versa.

    (b) For the purposes of such regulations, unless otherwise required 

by the context, the following terms shall be construed, respectively, to 

mean:

    Acceptable. ``Acceptable'' means suitable for the purpose intended 

and acceptable to the Administrator.

    Act. ``Act'' means the Poultry Products Inspection Act (71 Stat. 

441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 

U.S.C. 451 et seq.).

    Adulterated. ``Adulterated'' applies to any poultry product under 

one or more of the following circumstances:

    (i) If it bears or contains any poisonous or deleterious substance 

which may render it injurious to health; but in case the substance is 

not an added substance, such article shall not be considered adulterated 

under this clause if the quantity of such substance in or on such 

article does not ordinarily render it injurious to health;

    (ii)(a) If it bears or contains (by reason of administration of any 

substance to the live poultry or otherwise) any added poisonous or added 

deleterious substance (other than one which is a pesticide chemical in 

or on a raw agricultural commodity; a food additive; or a color 

additive) which may, in the judgment of the Administrator, make such 

article unfit for human food;

    (b) If it is, in whole or part, a raw agricultural commodity and 

such commodity bears or contains a pesticide chemical which is unsafe 

within the meaning of section 408 of the Federal Food, Drug, and 

Cosmetic Act;

    (c) If it bears or contains any food additive which is unsafe within 

the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

    (d) If it bears or contains any color additive which is unsafe 

within the meaning of section 706 of the Federal Food, Drug, and 

Cosmetic Act:



Provided, That an article which is not otherwise deemed adulterated 

under paragraphs (b)(4)(ii) (b), (c), or (d) of this section shall 

nevertheless be deemed adulterated if use of the pesticide chemical, 

food additive, or color additive in or on such article is prohibited by 

the regulations in this part in official establishments;

    (iii) If it consists in whole or in part of any filthy, putrid, or 

decomposed substance or is for any other reason unsound, unhealthful, 

unwholesome, or otherwise unfit for human food;

    (iv) If it has been prepared, packed, or held under insanitary 

conditions whereby it may have become contaminated with filth, or 

whereby it may have been rendered injurious to health;

    (v) If it is, in whole or in part, the product of any poultry which 

has died otherwise than by slaughter;

    (vi) If its container is composed, in whole or in part, of any 

poisonous or deleterious substance which may render the contents 

injurious to health;

    (vii) If it has been intentionally subjected to radiation, unless 

the use of the radiation was in conformity with a



[[Page 428]]



regulation or exemption in effect pursuant to section 409 of the Federal 

Food, Drug, and Cosmetic Act; or

    (viii) If any valuable constituent has been in whole or in part 

omitted or abstracted therefrom; or if any substance has been 

substituted, wholly or in part therefor; or if damage or inferiority has 

been concealed in any manner; or if any substance has been added thereto 

or mixed or packed therewith so as to increase its bulk or weight, or 

reduce its quality or strength, or make it appear better or of greater 

value than it is.

    Animal food. Any article intended for use as food for dogs, cats, or 

other animals, derived wholly, or in part, from carcasses or parts or 

products of the carcass of poultry, except that the term animal food as 

used herein does not include (i) processed dry animal food or (ii) 

livestock or poultry feeds manufactured from processed poultry 

byproducts (such as poultry byproduct meal, hydrolyzed poultry feathers, 

and hydrolyzed poultry byproducts aggregate).

    Animal food manufacturer. ``Animal Food Manufacturer'' means any 

person engaged in the business of manufacturing or processing animal 

food.

    Applicant. ``Applicant'' means any person who requests inspection 

service, exemption, or other authorization under the regulations.

    Biological residue. ``Biological Residue'' means any substance, 

including metabolites, remaining in poultry at the time of slaughter or 

in any of its tissues after slaughter, as the result of treatment or 

exposure of the live poultry to a pesticide, organic compound, metallic 

or other inorganic compound, hormone, hormone-like substance, growth 

promoter, antibiotic, anthelmintic, tranquilizer, or other agent that 

leaves a residue.

    Capable of use as human food. The term ``capable of use as human 

food'' applies to any carcass, or part or product of a carcass of any 

poultry, unless it is denatured or otherwise identified as required by 

the regulations, or it is naturally inedible by humans.

    Carcass. This term means all parts, including viscera, of any 

slaughtered poultry.

    Commerce. ``Commerce'' means commerce between any State, any 

territory, or the District of Columbia, and any place outside thereof; 

or within any territory not organized with a legislative body, or the 

District of Columbia.

    Consumer package. ``Consumer package'' means any container in which 

a poultry product is enclosed for the purpose of display and sale to 

household consumers.

    Container. The term ``container'' includes any box, can, tin, cloth, 

plastic, or any other receptacle, wrapper, or cover.

    Edible. This term means that an article is intended for use as human 

food.

    Egg Products Inspection Act. ``Egg Products Inspection Act'' means 

the Act so entitled, approved December 29, 1970 (84 Stat. 1620, 21 

U.S.C. 1031 et seq.).

    Federal Food, Drug, and Cosmetic Act. ``Federal Food, Drug, and 

Cosmetic Act'' means the Act so entitled, approved June 25, 1938 (52 

Stat. 1040), and acts amendatory thereof or supplementary thereto (21 

U.S.C. 301 et seq.).

    Federal Meat Inspection Act. ``Federal Meat Inspection Act'' means 

the Act so entitled, approved March 4, 1907, 34 Stat. 1260, as amended 

by the Wholesome Meat Act, 81 Stat. 584 (21 U.S.C. 601 et seq.).

    Free from protruding pinfeathers. ``Free from protruding 

pinfeathers'' means that the carcass is free from protruding pinfeathers 

which are visible to an inspector during an examination of the carcass 

at normal operating speeds. However, a carcass may be considered as 

being free from protruding pinfeathers if it has a generally clean 

appearance (especially on the breast), and if not more than an 

occasional protruding pinfeather is in evidence during a more careful 

examination of the carcass.

    Giblets. ``Giblets'' means the liver from which the bile sac has 

been removed, the heart from which the pericardial sac has been removed, 

and the gizzard from which the lining and contents have been removed: 

Provided, That each such organ has been properly trimmed and washed.



[[Page 429]]



    Immediate container. ``Immediate container'' includes any consumer 

package; or any other container in which poultry products, not consumer 

packaged, are packed.

    Inedible. This term means any carcass or any part of a carcass that 

is either naturally inedible by humans or is rendered unfit for human 

food by reason of adulteration or denaturing.

    Inspected for wholesomeness. This term means that the poultry 

product so identified has been inspected and was found at the time of 

such inspection to be not adulterated.

    Inspection. ``Inspection'' means any inspection required by the 

regulations to determine whether any poultry or poultry products comply 

with the requirements of the Act and the regulations.

    Label. This term applies to any display of written, printed, or 

graphic matter upon any article or the immediate container (not 

including package liners) of any article.

    Labeling. This term applies to all labels and other written, 

printed, or graphic matter (i) upon any article or any of its containers 

or wrappers, or (ii) accompanying such article.

    Misbranded. This term applies to any poultry product under one or 

more of the following circumstances:

    (i) If its labeling is false or misleading in any particular;

    (ii) If it is offered for sale under the name of another food;

    (iii) If it is an imitation of another food, unless its label bears, 

in type of uniform size and prominence, the word ``imitation'' and 

immediately thereafter, the name of the food imitated;

    (iv) If its container is so made, formed, or filled as to be 

misleading;

    (v) If in a package or other container, unless it bears a label 

showing:

    (a) The name and place of business of the manufacturer, packer, or 

distributor; and

    (b) An accurate statement of the quantity of the contents in terms 

of weight, measure, or numerical count; except as otherwise provided in 

Sec. 381.121(a) with respect to the quantity of contents;

    (vi) If any word, statement, or other information required by or 

under authority of the Act to appear on the label or other labeling is 

not prominently placed thereon with such conspicuousness (as compared 

with other words, statements, designs, or devices, in the labeling) and 

in such terms as to render it likely to be read and understood by the 

ordinary individual under customary conditions of purchase and use;

    (vii) If it purports to be or is represented as a food for which a 

definition and standard of identity or composition is prescribed by the 

regulations in subpart P of this part unless:

    (a) It conforms to such definition and standard, and

    (b) Its label bears the name of the food specified in the definition 

and standard, and insofar as may be required by such regulations, the 

common names of optional ingredients (other than spices, flavoring, and 

coloring) present in such food.

    (viii) If it purports to be or is represented as a food for which a 

standard or standards of fill of container have been prescribed by 

regulations of the Secretary, \2\ and falls below the standard of fill 

of container applicable thereto, unless its label bears, in such manner 

and form as such regulations specify, a statement that it falls below 

such standard;

---------------------------------------------------------------------------



    \2\ No such standards are currently in effect. However, Sec. 

381.129 prohibits the use of false or misleading containers.

---------------------------------------------------------------------------



    (ix) If it is not subject to the provisions of paragraph (b)(vii) of 

this section, unless its label bears:

    (a) The common or usual name of the food, if any there be, and

    (b) In case it is fabricated from two or more ingredients, the 

common or usual name of each ingredient, except as otherwise provided in 

Sec. 381.118(c);

    (x) If it purports to be or is represented for special dietary uses, 

unless the label bears such information concerning its vitamin, mineral, 

and other dietary properties as is required by Sec. 381.124;

    (xi) If it bears or contains any artificial flavoring, artificial 

coloring, or chemical preservative, unless it bears a label stating that 

fact; except as otherwise provided in Sec. 381.119, or

    (xii) If it fails to bear, directly thereon or on its containers, 

when required



[[Page 430]]



by Sec. 381.123, the official inspection legend and the official 

establishment number of the establishment where the product was 

processed; and unrestricted by any of the foregoing; such other 

information as the Administrator may require in the regulations to 

assure that it will not have false or misleading labeling and that the 

public will be informed of the manner of handling required to maintain 

the article in a wholesome condition.

    Nonfood compounds. Any substance proposed for use in official 

establishments, the intended use of which will not result, directly or 

indirectly, in the substance becoming a component or otherwise affecting 

the characteristics of poultry or poultry products, excluding labeling 

and packaging materials as covered in subpart N of this part.

    Official certificate. This term means any certificate prescribed in 

subpart M of this part relating to poultry or poultry products.

    Official device. This term means any label or other device 

prescribed in subpart M of this part for use in applying any official 

mark.

    Official establishment. ``Official establishment'' means any 

establishment as determined by the Administrator at which inspection of 

the slaughter of poultry, or the processing of poultry products, is 

maintained pursuant to the regulations.

    Official inspection legend. This term means the official inspection 

mark prescribed in Sec. 381.96 or the official poultry identification 

mark prescribed in Sec. 381.97, showing that an article was inspected 

for wholesomeness and passed in accordance with the Act.

    Official mark. This term means any symbol prescribed in subpart M of 

this part to identify the status of any article or poultry under the 

Act.

    Packaging material. Any cloth, paper, plastic, metal, or other 

material used to form a container, wrapper, label, or cover for poultry 

products.

    Pesticide chemical, food additive, color additive, raw agricultural 

commodity. These terms shall have the same meanings for the purposes of 

the Act and the regulations as under the Federal Food, Drug, and 

Cosmetic Act.

    Poultry. ``Poultry'' means any domesticated bird (chickens, turkeys, 

ducks, geese, guineas, ratites, or squabs, also termed young pigeons 

from one to about thirty days of age), whether live or dead.

    Poultry product. (i) This term means any poultry carcass or part 

thereof; or any product which is made wholly or in part from any poultry 

carcass or part thereof, excepting those exempted from definition as a 

poultry product in Sec. 381.15. Except where the context requires 

otherwise (e.g., in paragraph (b)(42) of this section), this term is 

limited to articles capable of use as human food.

    (ii) Poultry food product. This term means any product capable of 

use as human food which is made in part from any poultry carcass or part 

thereof, excepting those exempted from definition as a poultry product 

in Sec. 381.15.

    Poultry products broker. ``Poultry products broker'' means any 

person engaged in the business of buying or selling poultry products on 

commission, or otherwise negotiating purchases or sales of such articles 

other than for his own account or as an employee of another person.

    Process. Process used as a verb means to conduct any operation or 

combination of operations, whereby poultry is slaughtered, eviscerated, 

canned, salted, stuffed, rendered, boned, cut up, or otherwise 

manufactured or processed. The term ``process'' does not refer to 

freezing of poultry products, except when freezing is incidental to 

operations otherwise classed as ``processing'' under this paragraph.

    Process authority. A person or organization with expert knowledge in 

poultry production process control and relevant regulations.

    Process schedule. A written description of processing procedures, 

consisting of any number of specific, distinct, and ordered operations 

directly under control of the establishment employed in the manufacture 

of a specific product, including the control, monitoring, verification, 

validation, and corrective action activities associated with production.

    Ready-to-cook poultry. ``Ready-to-cook poultry'' means any 

slaughtered poultry free from protruding pinfeathers and vestigial 

feathers (hair or down), from which the head, feet, crop,



[[Page 431]]



oil gland, trachea, esophagus, entrails, and lungs have been removed, 

and from which the mature reproductive organs and kidneys may have been 

removed, and with or without the giblets, and which is suitable for 

cooking without need of further processing. Ready-to-cook poultry also 

means any cut-up or disjointed portion of poultry or other parts of 

poultry, such as reproductive organs, head, or feet that are suitable 

for cooking without need of further processing.

    Regulations. ``Regulations'' means the provisions of this entire 

part.

    Renderer. ``Renderer'' means any person engaged in the business of 

rendering carcasses, or parts or products of the carcasses, of poultry, 

except rendering conducted under inspection or exemption pursuant to the 

regulations.

    Shipping container. ``Shipping container'' means any container used 

or intended for use in packaging the product packed in an immediate 

container.

    Slaughter. ``Slaughter'' means the act of killing poultry for human 

food.

    State. Except as otherwise provided in Sec. 381.220 ``State'' means 

any State of the United States and the Commonwealth of Puerto Rico.

    Supervision. This term means the controls, as prescribed in 

instructions to Inspection Service employees, to be exercised by them 

over particular operations to insure that such operations are conducted 

in compliance with the Act and the regulations in this part.

    Territory. The term ``territory'' means Guam, the Virgin Islands of 

the United States, American Samoa, and any other territory or possession 

of the United States, excluding the Canal Zone.

    United States. This term means the States, the District of Columbia, 

and the territories of the United States.

    U.S. Condemned. This term means that the poultry carcass, or part or 

product of a poultry carcass, so identified was inspected and found to 

be adulterated and is condemned.

    U.S. Detained. This term is applicable to poultry, poultry products, 

and other articles which are held in official custody in accordance with 

section 19 of the Act and Sec. 381.210, pending disposal as provided in 

said section 19.

    U.S. Refused Entry. This term means that the slaughtered poultry or 

other poultry product so identified was presented for inspection for 

entry into the United States and was found not to comply with the 

requirements of the Act.

    U.S. Rejected. This term means that the equipment or facility so 

identified is prohibited from being used in the processing of any 

poultry or poultry product until such equipment or facility is found by 

an inspector to be sanitary and otherwise eligible for use under the 

regulations.

    U.S. Retained. This term means that the poultry or carcass, or part 

or product of a carcass, of poultry so identified is held at an official 

establishment by the inspection service for further determination as to 

its disposal.

    (c) For the purposes of the standard for cooked, smoked sausage 

(Sec. 319.180 of this chapter), the term ``poultry byproduct'' means 

the skin, fat, gizzard, heart, or liver, or any combination thereof, of 

any poultry.



[37 FR 9706; May 16, 1972, as amended at 39 FR 4568, Feb. 5, 1974; 40 FR 

42338, Sept. 12, 1975; 48 FR 6091, Feb. 10, 1983; 49 FR 2236, Jan. 19, 

1984; 49 FR 3643, Jan. 30, 1984; 49 FR 47478, Dec. 5, 1984; 51 FR 37709, 

Oct. 24, 1986; 64 FR 745, Jan. 6, 1999; 64 FR 56416, Oct. 20, 1999; 66 

FR 1770, Jan. 9, 2001; 66 FR 22905, May 7, 2001; 67 FR 13258, Mar. 22, 

2002; 69 FR 255, Jan. 5, 2004]