Section

[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: 9CFR309.2]

[Page 106-108]

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. 309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or

otherwise.

(a) Any livestock which, on ante-mortem inspection, do not clearly

show, but are suspected of being affected with any disease or condition

that, under part 311 of this subchapter, may cause condemnation of the

carcass on post-mortem inspection, and any livestock which show, on

ante-mortem inspection, any disease or condition that, under part 311 of

this subchapter would cause condemnation of only part of the carcass on

post-mortem inspection, shall be so handled as to retain

[[Page 107]]

its identity as a suspect until it is given final post-mortem

inspection, when the carcass shall be marked and disposed of as provided

in parts 310 and 311 of this subchapter, or until it is disposed of as

otherwise provided in this part.

(b) All seriously crippled animals and non-ambulatory disabled

livestock shall be identified as U.S. Suspects and disposed of as

provided in Sec. 311.1 of this subchapter unless they are required to

be classed as condemned under Sec. 309.3. Non-ambulatory disabled

livestock are livestock that cannot rise from a recumbent position or

that cannot walk, including, but not limited to, those with broken

appendages, severed tendons or ligaments, nerve paralysis, fractured

vertebral column, or metabolic conditions.

anaplasmosis, but which show no symptoms of the disease, shall be

identified as U.S. Suspects and disposed of as provided in Sec. 311.10

of this subchapter.

(d) Livestock which are known to have reacted to the tuberculin test

shall be identified as U.S. Suspects and disposed of as provided in

Sec. 311.2 of this subchapter, except that livestock bearing an

official ``USDA Reactor'' or similar State reactor tag shall not be

tagged as U.S. Suspects.

(e) Any cattle found on ante-mortem inspection to be affected with

epithelioma of the eye or of the orbital region to a lesser extent than

as described in Sec. 309.6 shall be identified as a U.S. Suspect and

disposed of as provided in Sec. 311.12 of this subchapter.

(f) Cattle found on ante-mortem inspection to be affected with

anasarca to a lesser extent than as described in Sec. 309.8 shall be

identified as U.S. Suspects and disposed of as provided in Sec. 311.8

of this subchapter or paragraph (g) of this section.

(g) Any livestock suspected of being affected with anasarca may be

set apart and held for treatment under Program or other responsible

official supervision approved by the area supervisor. If at the

expiration of the treatment period the livestock upon examination is

found to be free from disease, it may be released for any purpose.

Otherwise, it shall be identified as U.S. Suspect and disposed of as

provided in Sec. 311.8 of this subchapter or condemned and disposed of

as provided in Sec. 309.8, whichever is appropriate.

(h) All hogs suspected on ante-mortem inspection of being affected

with swine erysipelas shall be identified as U.S. Suspects and disposed

of as provided in Sec. 311.5 of this subchapter or paragraph (i) of

this section.

(i) A hog suspected of being affected with swine erysipelas may be

set apart and held for treatment under Program or other responsible

official supervision approved by the area supervisor. If at the

expiration of the treatment period the animal upon examination is found

to be free from disease, it may be released for any purpose. Otherwise,

it shall be identified as U.S. Suspect and disposed of as provided in

Sec. 311.5 of this subchapter, or condemned and disposed of as provided

in Sec. 309.13, whichever is appropriate.

(j) Any livestock which is affected with vesicular exanthema or

vesicular stomatitis, but which has recovered to the extent that the

lesions are in process of healing, the temperature is within normal

range, and the livestock shows a return to normal appetite and activity,

shall be identified as U.S. Suspect and disposed of as provided in Sec.

311.32 of this subchapter, except that if desired, such livestock may be

set apart and held under supervision of a Program employee or other

official designated by the area supervisor for treatment. If the

livestock is set aside for treatment, the U.S. Suspect identification

device will be removed by a Program employee, following such treatment,

if the livestock is found to be free from any such disease. Such

livestock found to be free from any such disease may be released for

slaughter or for purposes other than slaughter, provided that in the

latter instance, the operator of the official establishment or the owner

of the animal shall first obtain permission from the local, State, or

Federal livestock sanitary official having jurisdiction over the

movement of such livestock.

(k) Livestock which are offered for ante-mortem inspection under

this

[[Page 108]]

part, and which are regarded by the inspector as immature, shall be

identified as U.S. Suspects and, if slaughtered, the disposition of

their carcasses shall be determined by the post-mortem findings in

connection with the ante-mortem conditions. If not slaughtered as

suspects, such livestock shall be held under supervision of a Program

employee or other official designated by the area supervisor, and after

sufficient development may be released for slaughter or may be released

for any other purpose, provided they have not been exposed to any

infectious or contagious disease. If such exposure occurs, permission

should be obtained from the nearest Veterinary Services unit of the

Animal and Plant Health Inspection Service prior to release of such

livestock.

(l) Livestock previously condemned for listeriosis, if released for

slaughter under Sec. 309.13(b) shall be identified as a U.S. Suspect in

accordance with Sec. 309.13(c).

(m) Each animal required by this part to be treated as a U.S.

Suspect shall be identified as such by or under the supervision of a

Program employee with an official device in accordance with Sec.

309.18. No such device shall be removed except by a Program employee.

(n) Each animal identified as a U.S. Suspect on ante-mortem

inspection shall be set apart and shall be slaughtered separately from

other livestock at that establishment unless disposed of as otherwise

provided in this part.

(o) Each animal identified as a U.S. Suspect on ante-mortem

inspection, when presented for slaughter shall be accompanied with a

form MP 402-2 on which the inspector at the establishment shall record

the U.S. Suspect identification number and any other identifying tag

numbers present and a brief description of the animal and of the disease

or condition for which the animal was classed as a suspect, including

its temperature when the temperature of such animal might have a bearing

on the disposition of the carcass on post-mortem inspection.

(p) When any animal identified as a U.S. Suspect is released for any

purpose or reason, as provided in this part, the official identification

device shall be removed only by a Program employee and he shall report

his action to the area supervisor. When a suspect is to be released

under the provisions of this part for a purpose other than slaughter,

the operator of the official establishment or the owner of the animal

shall first obtain permission for the removal of such animal from the

local, State or Federal livestock sanitary official having jurisdiction.

[35 FR 15563, Oct. 3, 1970, as amended at 38 FR 29214, Oct. 23, 1973; 39

FR 36000, Oct. 17, 1974; 69 FR 1873, Jan. 12, 2004]