[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR310.22]

[Page 127-129]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 310_POST-MORTEM INSPECTION--Table of Contents
 
Sec. 310.22  Specified risk materials from cattle and their handling and disposition.

    (a) The following materials from cattle are specified risk 
materials, except when they are from cattle from a country that can 
demonstrate that its bovine spongiform encephalopathy (BSE) risk status 
can reasonable be expected to provide the same level of protection from 
human exposure to the BSE agent as prohibiting specified risk materials 
for use as human food does in the United States:
    (1) The brain, skull, eyes, trigeminal ganglia, spinal cord, 
vertebral column (excluding the vertebrae of the tail, the transverse 
processes of the thoracic and lumbar vertebrae, and the wings of

[[Page 128]]

the sacrum), and dorsal root ganglia from cattle 30 months of age and 
older and
    (2) The distal ileum of the small intestine and the tonsils from all 
cattle.
    (b) Specified risk materials are inedible and prohibited for use as 
human food.
    (c) Specified risk materials must be removed from the carcasses of 
cattle, segregated from edible materials, and disposed of in accordance 
with Sec. 314.1 or Sec. 314.3 of this subchapter. The spinal cord from 
cattle 30 months of age and older must be removed from the carcass at 
the establishment where the animal was slaughtered.
    (d) Requirements for use of the small intestine for human food. (1) 
The small intestine from all cattle may be used for human food if:
    (i) It is derived from cattle that were inspected and passed in an 
official establishment in the United States or in a certified foreign 
establishment in a country listed in 9 CFR 327.2(b) as eligible to 
export meat and meat products to the United States and it is otherwise 
eligible for importation under 9 CFR 327.1(b), and
    (ii) The distal ileum is removed by a procedure that removes at 
least 80 inches of the uncoiled and trimmed small intestine as measured 
from the ceco-colic junction and progressing proximally towards the 
jejunum or by a procedure that the establishment demonstrates is 
effective in ensuring complete removal of the distal ileum.
    (iii) If the conditions in paragraphs (d)(1)(i) or (ii) of this 
section are not met, the entire small intestine must be removed from the 
carcass, segregated from edible materials, and disposed of in accordance 
with Sec. Sec. 314.1 or 314.3 of this subchapter.
    (2) The requirements in paragraph (d)(1) of this section do not 
apply to materials from cattle from countries that can demonstrate that 
their BSE risk status can reasonably be expected to provide the same 
level of protection from human exposure to the BSE agent as prohibiting 
specified risk materials for use as human food does in the United 
States.
    (e) Procedures for the removal, segregation, and disposition of 
specified risk materials. (1) Establishments that slaughter cattle and 
establishments that process the carcasses or parts of cattle must 
develop, implement, and maintain written procedures for the removal, 
segregation, and disposition of specified risk materials. These 
procedures must address potential contamination of edible materials with 
specified risk materials before, during, and after entry into the 
establishment. Establishments must incorporate their procedures for the 
removal, segregation, and disposition of specified risk materials into 
their HACCP plans or Sanitation SOPs or other prerequisite programs.
    (2) Establishments that slaughter cattle and establishments that 
process the carcasses or parts of cattle must take appropriate 
corrective action when either the establishment or FSIS determines that 
the establishment's procedures for the removal, segregation, and 
disposition of specified risk materials, or the implementation or 
maintenance of these procedures, have failed to ensure that specified 
risk materials are adequately and effectively removed from the carcasses 
of cattle, segregated from edible materials, and disposed of in 
accordance with paragraph (c) of this section.
    (3) Establishments that slaughter cattle and establishments that 
process the carcasses or parts of cattle must routinely evaluate the 
effectiveness of their procedures for the removal, segregation, and 
disposition of specified risk materials in preventing the use of these 
materials for human food and must revise the procedures as necessary 
whenever any changes occur that could affect the removal, segregation, 
and disposition of specified risk materials.
    (4) Recordkeeping requirements. (i) Establishments that slaughter 
cattle and establishments that process the carcasses or parts of cattle 
must maintain daily records sufficient to document the implementation 
and monitoring of the procedures for the removal, segregation, and 
disposition of the materials listed in paragraph (a) of this section, 
and any corrective actions taken.

[[Page 129]]

    (ii) Records required by this section may be maintained on computers 
provided that the establishment implements appropriate controls to 
ensure the integrity of the electronic data.
    (iii) Records required by this section must be retained for at least 
one year and must be accessible to FSIS. All such records must be 
maintained at the official establishment for 48 hours following 
completion, after which they may be maintained off-site provided such 
records can be made available to FSIS within 24 hours of request.
    (f) Sanitation of equipment used to cut through specified risk 
materials. (1) If an establishment that slaughters cattle, or that 
processes the carcasses or parts from cattle, does not segregate the 
carcasses and parts from cattle 30 months of age and older from the 
carcasses and parts from cattle younger than 30 months during processing 
operations it must:
    (i) Use dedicated equipment to cut through specified risk materials; 
or
    (ii) Clean and sanitize equipment used to cut through specified risk 
materials before the equipment is used on carcasses or parts from cattle 
younger than 30 months of age.
    (2) If an establishments that slaughters cattle, or that process the 
carcasses or parts from cattle, segregates the carcasses and parts of 
cattle 30 months of age and older from cattle younger than 30 months of 
age during processing operations, and processes the carcasses or parts 
from the cattle younger than 30 months first, it may use routine 
operational sanitation procedures on equipment used to cut through 
specified risk materials.
    (g) Slaughter establishments may ship beef carcasses or parts that 
contain vertebral columns from cattle 30 months of age and older to 
another federally-inspected establishment for further processing if the 
establishment shipping these materials:
    (1) Maintains control of the carcasses or parts while they are in 
transit or ensures that the carcasses or parts move under FSIS control;
    (2) Ensures that the carcasses or parts are accompanied by 
documentation that clearly states that the carcasses or parts contain 
vertebral columns from cattle that were 30 months of age and older at 
the time of slaughter;
    (3) Maintains records that identify the official establishment that 
received the carcasses or parts;
    (4) Maintains records that verify that the official establishment 
that received the carcasses or parts removed the portions of the 
vertebral column designated as specified risk materials in paragraph 
(a)(1) of this section and disposed of them in accordance with Sec. 
314.1 or Sec. 314.3 of this subchapter.
    (h) The materials listed in paragraph (a)(1) of this section will be 
deemed to be from cattle 30 months of age and older unless the 
establishment can demonstrate through documentation that the materials 
are from an animal that was younger than 30 months of age at the time of 
slaughter.

[72 FR 38729, July 13, 2007]