[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: 9CFR318.309]



[Page 303-304]

 

                  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. 318.309  Finished product inspection.



    (a) Finished product inspections must be handled according to:

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

associated with microbiological contamination;

    (2) An FSIS-approved total quality control system;

    (3) Alternative documented procedures that will ensure that only 

safe and stable product is shipped in commerce; or

    (4) Paragraph (d) of this section.

    (b)-(c) [Reserved]

    (d) Procedures for handling finished product inspections 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) Incubation of shelf stable canned product--(i) Incubator. The 

establishment shall provide incubation facilities which include an 

accurate temperature/time recording device, an indicating temperature 

device, a means for the circulation of the air inside the incubator to 

prevent temperature variations, and a means to prevent unauthorized 

entry into the facility. The Program is responsible for the security of 

the incubator.

    (ii) Incubation temperature. The incubation temperature shall be 

maintained at 955 [deg]F (352.8 [deg]C). If the incubation temperature falls below 

90 [deg]F (or 32 [deg]C) or exceeds 100 [deg]F (or 38 [deg]C) but does 

not reach 103 [deg]F (or 39.5 [deg]C), the incubation temperature shall 

be adjusted within the required range and the incubation time extended 

for the time the sample containers were held at the deviant temperature. 

If the incubation temperature is at or above 103 [deg]F (or 39.5 [deg]C) 

for more than 2 hours, the incubation test(s) shall be terminated, the 

temperature lowered to within the required range, and new sample 

containers incubated for the required time.

    (iii) Product requiring incubation. Shelf stable product requiring 

incubation includes:

    (a) Low acid products as defined in Sec. 318.300(m); and

    (b) Acidified low acid products as defined in Sec. 318.300(b).

    (iv) Incubation samples. (a) From each load of product processed in 

a batch-type thermal processing system (still or agitation), the 

establishment shall select at least one container for incubation.

    (b) For continuous rotary retorts, hydrostatic retorts, or other 

continuous-type thermal processing systems, the establishment shall 

select at least one container per 1,000 for incubation.

    (c) Only normal-appearing containers shall be selected for 

incubation.

    (v) Incubation time. Canned product requiring incubation shall be 

incubated for not less than 10 days (240 hours) under the conditions 

specified in paragraph (d)(1)(ii) of this section.

    (vi) Incubation checks and record maintenance. Designated 

establishment employees shall visually check all containers under 

incubation each working day and the inspector shall be notified when 

abnormal containers are detected. All abnormal containers should be 

allowed to cool before a final decision on their condition is made. For 

each incubation test the establishment shall record at least the product 

name, container size, container code, number of containers incubated, in 

and out dates, and incubation results. The establishment shall retain 

such records, along with copies of the temperature/time recording 

charts, in accordance with Sec. 318.307(e).

    (vii) Abnormal containers. The finding of abnormal containers (as 

defined in Sec. 318.300(a)) among incubation samples is cause to 

officially retain at least the code lot involved.

    (viii) Shipping. No product shall be shipped from the establishment 

before the end of the required incubation period except as provided in 

this paragraph or paragraph (b) or (c) of this section. An establishment 

wishing to ship product prior to the completion of



[[Page 304]]



the required incubation period shall submit a written proposal to the 

area supervisor. Such a proposal shall include provisions that will 

assure that shipped product will not reach the retail level of 

distribution before sample incubation is completed and that product can 

be returned promptly to the establishment should such action be deemed 

necessary by the incubation test results. Upon receipt of written 

approval from the area supervisor, product may be routinely shipped 

provided the establishment continues to comply with all requirements of 

this subpart.

    (2) Container condition--(i) Normal containers. Only normal-

appearing containers shall be shipped from an establishment as 

determined by an appropriate sampling plan or other means acceptable to 

Program employees.

    (ii) Abnormal containers. When abnormal containers are detected by 

any means other than incubation, the establishment shall inform the 

inspector, and the affected code lot(s) shall not be shipped until the 

Program has determined that the product is safe and stable. Such a 

determination will take into account the cause and level of abnormals in 

the affected lot(s) as well as any product disposition actions either 

taken or proposed by the establishment.



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

0583-0015)



[51 FR 45619, Dec. 19, 1986, as amended at 57 FR 37872, Aug. 21, 1992; 

57 FR 55443, Nov. 25, 1992; 62 FR 45025, Aug. 25, 1997; 65 FR 34389, May 

30, 2000; 65 FR 53532, Sept. 5, 2000]