[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: 9CFR317.3]



[Page 170-171]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents

 

                            Subpart A_General

 

Sec. 317.3  Approval of abbreviations of marks of inspection; preparation of marking devices bearing inspection legend without advance approval prohibited; 

          exception.



    (a) The Administrator may approve and authorize the use of 

abbreviations of marks of inspection under the regulations in this 

subchapter. Such abbreviations shall have the same force and effect as 

the respective marks for which they are authorized abbreviations.

    (b) Except for the purposes of preparing and submitting a sample or 

samples of the same to the Administrator for approval, no brand 

manufacturer, printer, or other person shall cast, print, lithograph, or 

otherwise make any marking device containing any official mark or 

simulation thereof, or any label bearing any such mark or simulation, 

without the written authority therefor of the Administrator. However, 

when any such sample label, or other marking device, is approved by the 

Administrator, additional supplies of the approved label, or marking 

device, may be made for use in accordance with the regulations in this 

subchapter, without further approval by the Administrator. The 

provisions of this paragraph apply only to labels, or other marking 

devices, bearing or containing an official inspection legend shown in 

Sec. 312.2(b), Sec. 312.3(a) (only the legend appropriate for horse 

meat food products) or Sec. 312.3(b) (only the legend appropriate for 

other (nonhorse) equine meat food products), or any abbreviations, copy 

or representation thereof.

    (c) No brand manufacturer or other person shall cast or otherwise 

make, without an official certificate issued in quadruplicate by a 

Program employee,



[[Page 171]]



a brand or other marking device containing an official inspection 

legend, or simulation thereof, shown in Sec. 312.2(a), Sec. 312.3(a) 

(only the legend appropriate for horse carcasses and parts of horse 

carcasses), Sec. 312.3(b) (only the legend appropriate for other equine 

(nonhorse) carcasses and parts of other (nonhorse) equine carcasses) or 

Sec. 312.7(a).

    (1) The certificate is a Food Safety and Inspection Service form for 

signature by a Program employee and the official establishment ordering 

the brand or other marking device, bearing a certificate serial number 

and a letterhead and the seal of the United States Department of 

Agriculture. The certificate authorizes the making of only the brands or 

other marking devices of the type and quantity listed on the 

certificate.

    (2) After signing the certificate, the Program employee and the 

establishment shall each keep a copy, and the remaining two copies shall 

be given to the brand or other marking device manufacturer.

    (3) The manufacturer of the brands or other marking devices shall 

engrave or otherwise mark each brand or other marking device with a 

permanent identifying serial number unique to it. The manufacturer shall 

list on each of the two copies of the certificate given to the 

manufacturer the number of each brand or other marking device authorized 

by the certificate. The manufacturer shall retain one copy of the 

certificate for the manufacturer's records and return the remaining copy 

with the brands or other marking devices to the Program employee whose 

name and address are given on the certificate as the recipient.

    (4) In order that all such brands or other marking devices bear 

identifying numbers, within one year after June 24, 1985, an 

establishment shall either replace each such brand or other marking 

device which does not bear an identifying number, or, under the 

direction of the inspector-in-charge, mark such brand or other marking 

device with a permanent identifying number.



(Recordkeeping requirements approved by the Office of Management and 

Budget under control number 0583-0015)



[35 FR 15580, Oct. 3, 1970, as amended at 50 FR 21422, May 24, 1985]