[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: 9CFR325.10]



[Page 333]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 325_TRANSPORTATION--Table of Contents

 

Sec. 325.10  Handling of products which may have become adulterated or misbranded; authorization and other requirements.



    (a) When it is claimed that any inspected and passed product, marked 

with an inspection legend, has become adulterated or misbranded after it 

has been transported from an official establishment, such product may be 

transported in commerce to an official establishment after oral 

permission is obtained from the area supervisor of the area in which 

that offical establishment is located. The transportation of the product 

may be to the official establishment from which it had been transported 

or to another official establishment designated by the person desiring 

to handle the product. The transportation shall be authorized only for 

the purpose of officially determining if the product has become 

adulterated or misbranded and making the appropriate disposition. The 

area supervisor shall make a record of the authorization and such other 

information which will effectively identify the shipment and shall 

provide a copy of the record to the inspector at the establishment 

receiving the product. The shipper shall be furnished a copy of the 

authorization record upon request.

    (b) Upon the arrival of the shipment at the official establishment, 

a careful inspection shall be made of the product by a Program 

inspector, and if it is found that the article is not adulterated, the 

same may be received into the establishment; but if the article is found 

to be adulterated, it shall at once be stamped ``U.S. inspected and 

condemned'' and disposed of in accordance with part 314 of this 

subchapter, and if it is found to be misbranded, it shall be handled in 

accordance with Sec. 318.2(d) of this subchapter: Provided, That when a 

product is found to be affected with one of the correctable conditions 

specified in Sec. 318.2(d) of this subchapter, in respect to which 

rehandling is permitted, it may be transported from the official 

establishment to another official establishment for such rehandling as 

is necessary to assure that the product is not adulterated or misbranded 

when finally released. The transportation of such a product from an 

official establishment shall be done in a manner prescribed in each 

specific case by the Administrator.



[35 FR 15605, Oct. 3, 1970, as amended at 47 FR 17274, Apr. 22, 1982]