[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: 9CFR317.3]

[Page 171-172]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents
 
                            Subpart A_General
 
Sec. 317.3  Approval of abbreviations of marks of inspection; preparation
of marking devices bearing inspection legend without advance approval prohibited; 

          exception.

    (a) The Administrator may approve and authorize the use of 
abbreviations of marks of inspection under the regulations in this 
subchapter. Such abbreviations shall have the same force and effect as 
the respective marks for which they are authorized abbreviations.
    (b) Except for the purposes of preparing and submitting a sample or 
samples of the same to the Administrator for approval, no brand 
manufacturer, printer, or other person shall cast, print, lithograph, or 
otherwise make any marking device containing any official mark or 
simulation thereof, or any label bearing any such mark or simulation, 
without the written authority therefor of the Administrator. However, 
when any such sample label, or other marking device, is approved by the 
Administrator, additional supplies of the approved label, or marking 
device, may be made for use in accordance with the regulations in this 
subchapter, without further approval by the Administrator. The 
provisions of this paragraph apply only to labels, or other marking 
devices, bearing or containing an official inspection legend shown in 
Sec. 312.2(b), Sec. 312.3(a) (only the legend appropriate for horse 
meat food products) or Sec. 312.3(b) (only the legend appropriate for 
other (nonhorse) equine meat food products), or any abbreviations, copy 
or representation thereof.
    (c) No brand manufacturer or other person shall cast or otherwise 
make, without an official certificate issued in quadruplicate by a 
Program employee,

[[Page 172]]

a brand or other marking device containing an official inspection 
legend, or simulation thereof, shown in Sec. 312.2(a), Sec. 312.3(a) 
(only the legend appropriate for horse carcasses and parts of horse 
carcasses), Sec. 312.3(b) (only the legend appropriate for other equine 
(nonhorse) carcasses and parts of other (nonhorse) equine carcasses) or 
Sec. 312.7(a).
    (1) The certificate is a Food Safety and Inspection Service form for 
signature by a Program employee and the official establishment ordering 
the brand or other marking device, bearing a certificate serial number 
and a letterhead and the seal of the United States Department of 
Agriculture. The certificate authorizes the making of only the brands or 
other marking devices of the type and quantity listed on the 
certificate.
    (2) After signing the certificate, the Program employee and the 
establishment shall each keep a copy, and the remaining two copies shall 
be given to the brand or other marking device manufacturer.
    (3) The manufacturer of the brands or other marking devices shall 
engrave or otherwise mark each brand or other marking device with a 
permanent identifying serial number unique to it. The manufacturer shall 
list on each of the two copies of the certificate given to the 
manufacturer the number of each brand or other marking device authorized 
by the certificate. The manufacturer shall retain one copy of the 
certificate for the manufacturer's records and return the remaining copy 
with the brands or other marking devices to the Program employee whose 
name and address are given on the certificate as the recipient.
    (4) In order that all such brands or other marking devices bear 
identifying numbers, within one year after June 24, 1985, an 
establishment shall either replace each such brand or other marking 
device which does not bear an identifying number, or, under the 
direction of the inspector-in-charge, mark such brand or other marking 
device with a permanent identifying number.

(Recordkeeping requirements approved by the Office of Management and 
Budget under control number 0583-0015)

[35 FR 15580, Oct. 3, 1970, as amended at 50 FR 21422, May 24, 1985]