[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR309.17]



[Page 113]

 

                  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. 309.17  Livestock used for research.



    (a) No livestock used in any research investigation involving an 

experimental biological product, drug, or chemical shall be eligible for 

slaughter at an official establishment unless:

    (1) The operator of such establishment, the sponsor of the 

investigation, or the investigator has submitted to the Program, or the 

Veterinary Services unit of the Animal and Plant Health Inspection 

Service of the Department of Agriculture or to the Environmental 

Protection Agency or to the Food and Drug Administration of the 

Department of Health, Education, and Welfare, data or a summary 

evaluation of the data which demonstrates that the use of such 

biological product, drug, or chemical will not result in the products of 

such livestock being adulterated, and a Program employee has approved 

such slaughter;

    (2) Written approval by the Deputy Administrator, Meat and Poultry 

Inspection Field Operations is furnished the area supervisor prior to 

the time of slaughter;

    (3) In the case of an animal administered any unlicensed, 

experimental veterinary biologic product regulated under the Virus-Serum 

Toxin Act (21 U.S.C. 151 et seq.), the product was prepared and 

distributed in compliance with Part 103 of the regulations issued under 

said Act (part 103 of this title), and used in accordance with the 

labeling approved under said regulations;

    (4) In the case of an animal administered any investigational drug 

regulated under the Federal Food, Drug, and Cosmetic Act, as amended (21 

U.S.C. 301 et seq.), the drug was prepared and distributed in compliance 

with the applicable provisions of part 135 of the regulations issued 

under said Act (21 CFR part 135), and used in accordance with the 

labeling approved under said regulations;

    (5) In the case of an animal subjected to any experimental economic 

poison under section 2(a) of the Federal Insecticide, Fungicide, and 

Rodenticide Act, as amended (7 U.S.C. 135 et seq.), the product was 

prepared and distributed in accordance with Sec. 362.17 of the 

regulations issued under said Act (7 CFR 362.17), and used in accordance 

with the labeling approved under said regulations.

    (6) In the case of an animal administered or subjected to any 

substance that is a food additive or pesticide chemical under the 

Federal Food, Drug, and Cosmetic Act, supra, there has been compliance 

with all tolerance limitations established by said Act and the 

regulations promulgated thereunder (21 CFR 1.1 et seq.), and all other 

restrictions and requirements imposed by said Act and said regulations 

will be complied with at the time of slaughter.

    (b) The inspector in charge may deny or withdraw the approval for 

slaughter of any livestock subject to the provision of this section when 

he deems it necessary to assure that all products prepared at the 

official establishment are free from adulteration.