Section

[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: 9CFR331.3]

[Page 361-362]

TITLE 9--ANIMALS AND ANIMAL PRODUCTS

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

AGRICULTURE

PART 331_SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES;

Sec. 331.3 States designated under paragraph 301(c) of the Act; application of regulations.

The provisions of the regulations in this subchapter apply to

operations and transactions wholly within each State designated in Sec.

331.2 under paragraph 301(c) of the Act, except as otherwise provided in

this section. (The provisions of the regulations apply in all respects

to operations and transactions in or for commerce.)

(a) Each establishment located in such a designated State shall be

granted inspection required under Sec. 302.1(a)(2) of this subchapter

only if it is found, upon a combined evaluation of its premises,

facilities, and operating procedures, to be capable of producing

products that are not adulterated or misbranded.

(b) Section 305.2 of this subchapter will apply to establishments

required to have inspection under Sec. 302.1(a)(2) of this subchapter,

except that existing interconnections between official and unofficial

establishments will be permitted if it is determined in specific cases

that the interconnections are such that transfer of inedible product

into the official establishment would be difficult or unusual, and any

such transfers are strictly prohibited, except as permitted under other

provisions of this subchapter. It is essential that separation of

facilities be maintained to the extent necessary to assure that inedible

product does not enter the official establishment contrary to the

regulations in this subchapter.

apply to such establishments.

(d) Section 314.2 of this subchapter shall apply to such

establishments, except that a separate room or compartment need not be

provided for inedible products if they can be handled so that they do

not create insanitary conditions in any room or compartment used for

edible products or otherwise render any edible products adulterated and

do not interfere with the conduct of inspection. For example,

intestines, paunch contents, feet, and hides might be accumulated on the

kill floor in clean, watertight drums with close fitting covers if there

is sufficient space to store them out of the way until the close of the

day's operation.

(e) Sections 316.7, 317.3, and 317.4 of this subchapter shall apply

to such establishments, except as provided in this paragraph (e).

(1) The operator of each such establishment shall, prior to the

inauguration of inspection, identify all labeling and marking devices in

use, or proposed for use (upon the date of inauguration of inspection)

to the circuit supervisor of the circuit in which the establishment is

located. Temporary approval, pending formal approval under Sec. Sec.

316.7, 317.3, and 317.4 of this subchapter, will be granted by the

circuit supervisor for labeling and marking devices that he determines

are neither false nor misleading, provided the official inspection

legend bearing the official establishment number is applied to the

principal display panel of each label, either by a mechanical printing

device or a self-destructive pressure sensitive sticker, and provided

the label shows the true product name, an accurate ingredient statement,

the name and address of the manufacturer, packer, or distributor, and

any other features required by paragraph 1(n) of the Act.

(2) The circuit supervisor will forward one copy of each item of

labeling and a description of each marking device for which he has

granted temporary approval to the Washington, DC, office of the Labeling

and Packaging Staff and will retain one copy in

[[Page 362]]

a temporary approval file for the establishment.

(3) The operator of the official establishment shall promptly

forward a copy of each item of labeling and a description of each

marking device for which temporary approval has been granted by the

circuit supervisor (showing any modifications required by the circuit

supervisor) to the Labels and Packaging Staff, Meat and Poultry

Inspection, Food Safety and Inspection Service, USDA, Washington, DC

20250, accompanied by the formula and details of preparation and

packaging for each product. Within 90 days after inauguration of

inspection, all labeling material and marking devices temporarily

approved by the circuit supervisor must receive approval as required by

Sec. Sec. 316.7, 317.3, and 317.4, of this subchapter or their use must

be discontinued.

(4) The circuit supervisor will also review all shipping containers

to insure that they do not have any false or misleading labeling and are

otherwise not misbranded. Modifications of unacceptable information on

labeling material by the use of self-destructive pressure sensitive tape

or by blocking out with an ink stamp will be authorized on a temporary

basis to permit the maximum allowable use of all labeling materials on

hand. All unacceptable labeling material which is not modified to comply

with the requirements of this subchapter must be destroyed or removed

from the official establishment.

(f) Sections 320.1, 320.2, 320.3, 320.4, 320.5, 325.20, and 325.21

apply to operations and transactions not in or for commerce in a State

designated under paragraph 301(c) only if the State is also designated

under section 205 of the Act and if such provisions are applicable as

shown in Sec. 331.6.

(g) Section 321.1(a) of this subchapter will not apply to States

designated under paragraph 301(c) of the Act.

(h) Parts 322 and 327 and Sec. 325.3 of this subchapter relating to

exports and imports do not apply to operations and transactions solely

in or for intrastate commerce.

(i) Part 325 of this subchapter will apply to establishments

required to have inspection under Sec. 302.1(a)(2) of this subchapter

and to operations and transactions solely in or for intrastate commerce,

except as provided in paragraphs (h) and (j) of this section.

(j) Sections 325.4, 325.15, and 325.1(b) of this subchapter will not

apply to require a certificate, or evidence thereof, for the

distribution solely within any designated State of products that are

U.S. inspected and passed and so marked.

[35 FR 19667, Dec. 29, 1970, as amended at 36 FR 12004, June 24, 1971;

41 FR 18089, Apr. 30, 1976; 62 FR 45026, Aug. 25, 1997; 64 FR 56416,

Oct. 20, 1999]