[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: 9CFR318.308]



[Page 301-303]

 

                  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 G_Canning and Canned Products

 

Sec. 318.308  Deviations in processing.



    (a) Whenever the actual process is less than the process schedule or 

when any critical factor does not comply with the requirements for that 

factor as specified in the process schedule, it shall be considered a 

deviation in processing.

    (b) Deviations in processing (or process deviations) must be handled 

according to:

    (1)(i) A HACCP plan for canned product that addresses hazards 

associated with microbial contamination, or,

    (ii) Alternative documented procedures that will ensure that only 

safe and stable product is shipped in commerce; or

    (iii) Paragraph (d) of this section.

    (c) [Reserved]

    (d) Procedures for handling process deviations where the HACCP plan 

for thermally processed/commercially sterile product does not address 

food safety hazards associated with microbial contamination, where there 

is no approved total quality control system, or where the establishment 

has no alternative documented procedures for handling process 

deviations.

    (1) Deviations identified in-process. If a deviation is noted at any 

time before the completion of the intended process schedule, the 

establishment shall:

    (i) Immediately reprocess the product using the full process 

schedule; or

    (ii) Use an appropriate alternate process schedule provided such a 

process schedule has been established in accordance with Sec. 318.302 

(a) and (b) and is filed with the inspector in accordance with Sec. 

318.302(c); or

    (iii) Hold the product involved and have the deviation evaluated by 

a processing authority to assess the safety and stability of the 

product. Upon completion of the evaluation, the establishment shall 

provide the inspector the following:

    (a) A complete description of the deviation along with all necessary 

supporting documentation;

    (b) A copy of the evaluation report; and

    (c) A description of any product disposition actions, either taken 

or proposed.

    (iv) Product handled in accordance with paragraph (d)(1)(iii) of 

this section



[[Page 302]]



shall not be shipped from the establishment until the Program has 

reviewed all of the information submitted and approved the product 

disposition actions.

    (v) If an alternate process schedule is used that is not on file 

with the inspector or if an alternate process schedule is immediately 

calculated and used, the product shall be set aside for further 

evaluation in accordance with paragraphs (d)(1)(iii) and (iv) of this 

section.

    (vi) When a deviation occurs in a continuous rotary retort, the 

product shall be handled in accordance with paragraphs (d)(1)(iii) and 

(iv) of this section or in accordance with the following procedures:

    (a) Emergency stops.

    (1) When retort jams or breakdowns occur during the processing 

operations, all containers shall be given an emergency still process 

(developed per Sec. 318.302(b)) before the retort is cooled or the 

retort shall be cooled promptly and all containers removed and either 

reprocessed, repacked and reprocessed, or destroyed. Regardless of the 

procedure used, containers in the retort intake valve and in transfer 

valves between retort shells at the time of a jam or breakdown shall be 

removed and either reprocessed, repacked and reprocessed and or 

destroyed. Product to be destroyed shall be handled as ``U.S. Inspected 

and Condemned'', as defined in Sec. 301.2(ttt) of this subchapter, and 

disposed of in accordance with part 314 of this subchapter.

    (2) The time the retort reel stopped and the time the retort is used 

for an emergency still retort process shall be noted on the temperature/

time recording device and entered on the other production records 

required in Sec. 318.306.

    (b) Temperature drops. When the retort temperature drops below the 

temperature specified in the process schedule, the reel shall be stopped 

and the following actions shall be taken:

    (1) For temperature drops of less than 10 [deg]F (or 5.5 [deg]C) 

either, (i) all containers in the retort shall be given an emergency 

still process (developed per Sec. 318.302(b)) before the reel is 

restarted; (ii) container entry to the retort shall be prevented and an 

emergency agitating process (developed per Sec. 318.302(b)) shall be 

used before container entry to the retort is restarted; or (iii) 

container entry to the retort shall be prevented and the reel restarted 

to empty the retort. The discharged containers shall be reprocessed, 

repacked and reprocessed, or destroyed. Product to be destroyed shall be 

handled as ``U.S. Inspected and Condemned'', as defined in Sec. 

318.2(ee) of this subchapter, and disposed of in accordance with part 

314 of this subchapter.

    (2) For temperature drops of 10 [deg]F (or 5.5 [deg]C) or more, all 

containers in the retort shall be given an emergency still process 

(developed per Sec. 318.302(b)). The time the reel was stopped and the 

time the retort was used for a still retort process shall be marked on 

the temperature/time recording device by the establishment and entered 

on the other production records required in Sec. 318.306. 

Alternatively, container entry to the retort shall be prevented and the 

reel restarted to empty the retort. The discharged containers shall be 

either reprocessed, repacked and reprocessed, or destroyed. Product to 

be destroyed shall be handled as ``U.S. Inspected and Condemned'', as 

defined in Sec. 301.2(ee) of this subchapter, and disposed of in 

accordance with part 314 of this subchapter.

    (2) Deviations identified through record review. Whenever a 

deviation is noted during review of the processing and production 

records required by Sec. 318.307 (a) and (b), the establishment shall 

hold the product involved and the deviation shall be handled in 

accordance with paragraphs (d)(1) (iii) and (iv) of this section.

    (e) Process deviation file. The establishment shall maintain full 

records regarding the handling of each deviation. Such records shall 

include, at a minimum, the appropriate processing and production 

records, a full description of the corrective actions taken, the 

evaluation procedures and results, and the disposition of the affected 

product. Such records shall be maintained in a separate file or in a log 

that contains the appropriate information. The file or log shall be 

retained in accordance with Sec. 318.307(e) and shall be made



[[Page 303]]



available to Program employees upon request.



(Approved by the Office of Management and Budget under control number 

0583-0015)



[51 FR 45619, Dec. 19, 1986, as amended at 53 FR 49848, Dec. 12, 1988; 

62 FR 45025, Aug. 25, 1997; 65 FR 34389, May 30, 2000; 65 FR 53532, 

Sept. 5, 2000]