[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: 9CFR381.37]



[Page 449-450]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 381_POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents

 

   Subpart G_Facilities for Inspection; Overtime and Holiday Service; 

                         Billing Establishments

 

Sec. 381.37  Schedule of operations.



    (a) No operations requiring inspection shall be conducted except 

under the supervision of an Inspection Service employee. All 

eviscerating of poultry and further processing shall be done with 

reasonable speed, considering the official establishment's facilities.

    (b) A shift is a regularly scheduled operating period, exclusive of 

mealtime. One lunch period is the only official authorized interruption 

in the inspector's tour of duty once it begins. Lunch periods may be 30 

minutes, 45 minutes, or in any case may not exceed one hour in duration. 

Once established, the lunch period must remain relatively constant as to 

time and duration. Lunch periods for inspectors shall not, except as 

provided herein, occur prior to 4 hours after the beginning of scheduled 

operations nor later than 5 hours after operations begin. In plants 

where a company rest break of not less than 30 minutes is regularly 

observed, approximately midpoint between start of work and the lunch 

period, and the inspector is allowed this time to meet his personal 

needs, the lunch period may be scheduled as long as 5\1/2\ hours after 

the beginning of scheduled operations.

    (c) Official establishments, importers, and exporters shall be 

provided inspection service, without charge, up to 8 hours per shift 

during the basic workweek subject to the provisions of Sec. 381.38: 

Provided, That any additional shifts meet requirements as determined by 

the Administrator or his designee. The basic workweek shall consist of 5 

consecutive 8-hour days within the administrative workweek Sunday 

through Saturday, excluding the lunch period; except that, when 

possible, the Department shall schedule the basic workweek so as to 

consist of 5 consecutive 8-hour days Monday through Friday, excluding 

lunch period. The Department may depart from the basic workweek in those 

cases where maintaining such a schedule would seriously handicap the 

Department in carrying out its functions. These provisions are 

applicable to all official establishments except in certain cases as 

provided in Sec. 381.145(h) of this subchapter.

    (d)(1) Each official establishment shall submit a work schedule to 

the area supervisor for approval. In consideration of whether the 

approval of an establishment work schedule shall be given, the area 

supervisor shall take in account the efficient and effective use of 

inspection personnel. The work schedule must specify the workweek, daily 

clock hours of operation, and lunch periods for all departments of the 

establishment requiring inspection.

    (2) Establishments shall maintain consistent work schedules. Any 

request



[[Page 450]]



by an establishment for a change in its work schedule involving changes 

in the workweek or an addition or elimination of shifts shall be 

submitted to the area supervisor at least 2 weeks in advance of the 

proposed change. Frequent requests for change shall not be approved: 

Provided, however, Minor deviations from a daily operating schedule may 

be approved by the inspector in charge if such request is received on 

the day preceding the day of change.

    (3) Requests for inspection service outside an approved work 

schedule shall be made as early in the day as possible for overtime work 

to be performed within that same workday; or made prior to the end of 

the day's operation when such a request will result in overtime service 

at the start of the following day: Provided, That an inspector may be 

recalled to his assignment after the completion of his daily tour of 

duty under the provisions of Sec. 381.39(b).



[40 FR 45800, Oct. 3, 1975, as amended at 40 FR 50719, Oct. 31, 1975; 41 

FR 15401, Apr. 13, 1976; 48 FR 6893, Feb. 16, 1983; 51 FR 32304, Sept. 

11, 1986]