[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: 9CFR325.8]



[Page 332-333]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 325_TRANSPORTATION--Table of Contents

 

Sec. 325.8  Transportation and other transactions concerning certain undenatured lungs or lung lobes from official establishments or in commerce; provisions 

          and restrictions.



    (a) Lungs or lung lobes, other than those condemned under Sec. 

310.16(b) of this subchapter, that are prepared at any official 

establishment, may be sold, transported, offered for sale or 

transportation, or received for transportation from the establishment, 

in commerce or otherwise, without denaturing as prescribed in Sec. 

314.1 or Sec. 314.3 of this subchapter: Provided:

    (1) The lungs or lung lobes are sold, transported, or offered for 

sale or transportation to, or received for transportation by: An animal 

food manufacturer for use in manufacturing animal food; a zoo, mink 

farm, or other establishment for use as animal food without further 

processing; a warehouse in the United States for storage and subsequent 

movement to such a manufacturer or establishment in the United States, 

or from one warehouse to another for the account of and subsequent 

movement to such a manufacturer or establishment, or for export, for 

nonhuman food purposes.

    (2) The boxes or other containers used for shipping the undenatured 

lungs or lung lobes are closed with nylon filament tape, metallic on 

nonmetallic straps, round wire, or other similar materials that securely 

effect closure of such containers, and the containers are permanently 

identified in at least 2-inch (5 cm) high lettering with the statement 

``(Species) Lungs--Not Intended for Human Food.'' In lieu of securely 

closing the immediate container with any of the above materials, a 1-

inch (2.5 cm) wide bright orange band, imprinted around the length and 

width of the container may be used.

    (3) The name and place of business of the packer or distributor 

shall be shown on the immediate container of the product. In addition, 

the country of origin shall be shown on the immediate container of 

imported lungs or lung lobes.

    (b) Lungs or lung lobes, other than those condemned under a State 

law or regulation at least equal to Sec. 310.16(b) of this subchapter, 

that are prepared at



[[Page 333]]



any State inspected establishment may be sold, transported, offered for 

sale, or transportation or received for transportation from that 

establishment, in commerce, without denaturing as prescribed under 

section 201 of the Act, provided the State law or regulations permit 

such disposition and provided there is compliance with the provisions of 

paragraph (a) of this section.

    (c) Foreign establishments shall be eligible to export lungs or lung 

lobes, other than those condemned for reasons set forth in Sec. 

310.16(b) of this subchapter, to the United States from such foreign 

country under this section, only if such establishments are certified 

and approved for export of products to the United States under part 327 

of this subchapter, and such product complies with the applicable 

regulations for preventing the introduction into the United States of 

diseases (9 CFR 94), in addition to the requirements of paragraph (a) of 

this section.

    (d) All such lungs or lung lobes, if intended for animal food, are 

subject to the Federal Food, Drug, and Cosmetic Act.



[43 FR 43445, Sept. 26, 1978]