[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: 9CFR318.1]



[Page 238-239]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 318_ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND

PREPARATION OF PRODUCTS--Table of Contents

 

                            Subpart A_General

 

Sec. 318.1  Products and other articles entering official establishments.



    Source: 35 FR 15586, Oct. 3, 1970, unless otherwise noted.





    (a) Except as otherwise provided in paragraphs (g) and (h) of this 

section or Sec. 318.12, no product shall be brought into an official 

establishment unless it has been prepared only in an official 

establishment and previously inspected and passed by a Program employee, 

and is identified by an official inspection legend as so inspected and 

passed. Notwithstanding the foregoing provisions of this subparagraph, 

product imported in accordance with part 327 of this subchapter and not 

prepared in the United States outside an official establishment, may 

enter any official establishment subject in other respects to the same 

restrictions as apply to domestic product. Products received in an 

official establishment during the Program employees absence shall be 

identified and maintained in a manner acceptable to such employee. 

Product entering any official establishment shall not be used or 

prepared thereat until it has been reinspected in accordance with Sec. 

318.2. Any product originally prepared at any official establishment may 

not be returned into any part of such establishment, except the 

receiving area approved under Sec. 318.3, until it has been reinspected 

by the inspector.

    (b) No slaughtered poultry or poultry product shall be brought into 

an official establishment unless it has been (1) previously inspected 

and passed and is identified as such in accordance with the requirements 

of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) and the 

regulations thereunder, and has not been prepared other than in an 

establishment inspected under said Act, or (2) has been inspected and 

passed and is identified as such in accordance with the requirements of 

a State law.

    (c) Every article for use as an ingredient in the preparation of 

meat food products, when entering any official establishment and at all 

times while it is in such establishment, shall bear a label showing the 

name of the article, the amount or percentage therein of any substances 

restricted by this part or part 317 of this subchapter, and a list of 

ingredients in the article if composed of two or more ingredients: 

Provided, That in the case of articles received in tank car lots, only 

one such label shall be used to identify each lot. In addition, the 

label must show the name and address of the shipper.

    (d) To ensure the safe use of preparations used in hog scalding 

water or in the denuding of tripe, the label or labeling on containers 

of such preparations shall bear adequate directions to ensure use in 

compliance with any limitations prescribed in 21 CFR Chapter I, 

Subchapter A or Subchapter B, or 9 CFR Chapter III, Subchapter A or 

Subchapter E.



[[Page 239]]



    (e) Dyes, chemicals, or other substances the use of which is 

restricted to certain products may be brought into or kept in an 

official establishment only if such products are prepared thereat. No 

prohibited dye, chemical, preservative, or other substance shall be 

brought into or kept in an official establishment.

    (f) [Reserved]

    (g) Glands and organs, such as cotyledons, ovaries, prostate glands, 

tonsils, spinal cords, and detached lymphatic, pineal, pituitary, 

parathyroid, suprarenal, pancreatic and thyroid glands, used in 

preparing pharmaceutical, organotherapeutic, or technical products and 

which are not used as human food (whether or not prepared at official 

establishments) may be brought into and stored in edible product 

departments of inspected establishments if packaged in suitable 

containers so that the presence of such glands and organ will in no way 

interfere with the maintenance of sanitary conditions or constitute an 

interference with inspection. Glands or organs which are regarded as 

human food products, such as livers, testicles, and thymus glands, may 

be brought into official establishments for pharmaceutical, 

organotherapeutic or technical purposes, only if U.S. inspected and 

passed and so identified. Lungs and lung lobes derived from livestock 

slaughtered in any establishment may not be brought into any official 

establishment except as provided in Sec. 318.12(a).

    (h)(1) Carcasses of game animals, and carcasses derived from the 

slaughter by any person of livestock of his own raising in accordance 

with the exemption provisions of paragraph 23(a) of the Act, and parts 

of such carcasses, may be brought into an official establishment for 

preparation, packaging, and storing in accordance with the provisions of 

Sec. 303.1(a)(2) of this subchapter.

    (2) Meat, meat byproducts, and meat food products bearing official 

marks showing that they were inspected and passed under State inspection 

in any State not designated in Sec. 331.2 of this subchapter may be 

received by official establishments for storage and distribution solely 

in intrastate commerce. The presence of such State inspected products 

must not create any unsanitary condition or otherwise result in 

adulteration of any products at the official establishment or interfere 

with the conduct of inspection under this subchapter. In addition, such 

State inspected products must be stored separately and apart from the 

federally inspected products in the official establishment.

    (i) The operator of the official establishment shall furnish such 

information as is necessary to determine the origin of any product or 

other article entering the official establishment. Such information 

shall include, but is not limited to, the name and address of the seller 

or supplier, transportation company, agent, or broker involved in the 

sale or delivery of the product or article in question.

    (j) Any product or any poultry or poultry product or other article 

that is brought into an official establishment contrary to any provision 

of this section may be required by the Administrator to be removed 

immediately from such establishment by the operator thereof, and failure 

to comply with such requirement shall be deemed a violation of this 

regulation. If any slaughtered poultry or poultry products or other 

articles are received at an official establishment and are suspected of 

being adulterated or misbranded under the Poultry Products Inspection 

Act or the Federal Food, Drug, and Cosmetic Act, or applicable State 

laws, the appropriate governmental authorities will be notified.



[35 FR 15586, Oct. 3, 1970, as amended at 36 FR 11639, June 17, 1971; 38 

FR 5152, Feb. 26, 1973; 48 FR 6091, Feb. 10, 1983; 49 FR 32055, Aug. 10, 

1984; 64 FR 72174, Dec. 23, 1999]