[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: 9CFR325.1]



[Page 329-330]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 325_TRANSPORTATION--Table of Contents

 

Sec. 325.1  Transactions in commerce prohibited without official inspection legend or certificate when required; exceptions; and vehicle sanitation 

          requirements.



    (a) No person shall sell, transport, offer for sale or 

transportation, or receive for transportation, in commerce, any product 

which is capable of use as human food unless the product and its 

container, if any, bear the official inspection legend as required under 

parts 316 and 317 of this subchapter or such product is exempted from 

the requirement of inspection under part 303 of this subchapter.

    (b)(1) No carrier shall transport or receive for transportation in 

commerce (including transportation in the course of importation) and no 

person shall offer for transportation any carcass, part thereof, meat or 

meat food product until a certificate, if required for such 

transportation by this part, is made and furnished to the carrier in one 

of the forms prescribed in this part.



[[Page 330]]



    (2) Product imported into the United States may be transported and 

offerred or received for transportation if such product is conveyed in 

railroad cars, trucks or other means of conveyance, prior to inspection, 

to an authorized place of inspection, as provided in Sec. 327.6 of this 

part.

    (c) No person, engaged in the business of buying, selling, freezing, 

storing, or transporting, in or for commerce, meat or meat food products 

capable of use as human food, or importing such articles, shall 

transport, offer for transportation, or receive for transportation in 

commerce or in any State designated under Sec. 331.2 of this 

subchapter, any such meat or meat food product which is capable of use 

as human food and is not wrapped, packaged, or otherwise enclosed to 

prevent adulteration by airborne contaminants, unless the railroad car, 

truck, or other means of conveyance in which the product is contained or 

transported is completely enclosed with tight fitting doors or other 

covers for all openings. In all cases, the means of conveyance shall be 

reasonably free of foreign matter (such as dust, dirt, rust, or other 

articles or residues), and free of chemical residues, so that product 

placed therein will not become adulterated. Any cleaning compound, lye, 

soda solution, or other chemical used in cleaning the means of 

conveyance must be thoroughly removed from the means of conveyance prior 

to its use. Such means of conveyance onto which product is loaded, being 

loaded, or intended to be loaded, shall be subject to inspection by an 

inspector at any official establishment. The decision whether or not to 

inspect a means of conveyance in a specific case, and the type and 

extent of such inspection shall be at the Program's discretion and shall 

be adequate to determine if product in such conveyance is, or when moved 

could become, adulterated. Circumstances of transport that can be 

reasonably anticipated shall be considered in making said determination. 

These include, but are not limited to, weather conditions, duration and 

distance of trip, nature of product covering, and effect of restowage at 

stops en route. Any means of conveyance found upon such inspection to be 

in such condition that product placed therein could become adulterated 

shall not be used until such condition which could cause adulteration is 

corrected. Product placed in any means of conveyance that is found by 

the inspector to be in such condition that the product may have become 

adulterated shall be removed from the means of conveyance and handled in 

accordance with Sec. 318.2(d) of this subchapter.



[35 FR 15605, Oct. 3, 1970, as amended at 41 FR 23700, June 11, 1976; 47 

FR 17274, Apr. 22, 1982; 56 FR 65180, Dec. 16, 1991]