[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: 9CFR318.308]

[Page 302-304]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
                  Subpart G_Canning and Canned Products
 
Sec. 318.308  Deviations in processing.

    (a) Whenever the actual process is less than the process schedule or 
when any critical factor does not comply with the requirements for that 
factor as specified in the process schedule, it shall be considered a 
deviation in processing.
    (b) Deviations in processing (or process deviations) must be handled 
according to:
    (1)(i) A HACCP plan for canned product that addresses hazards 
associated with microbial contamination, or,
    (ii) Alternative documented procedures that will ensure that only 
safe and stable product is shipped in commerce; or
    (iii) Paragraph (d) of this section.
    (c) [Reserved]
    (d) Procedures for handling process deviations where the HACCP plan 
for thermally processed/commercially sterile product does not address 
food safety hazards associated with microbial contamination, where there 
is no approved total quality control system, or where the establishment 
has no alternative documented procedures for handling process 
deviations.
    (1) Deviations identified in-process. If a deviation is noted at any 
time before the completion of the intended process schedule, the 
establishment shall:
    (i) Immediately reprocess the product using the full process 
schedule; or
    (ii) Use an appropriate alternate process schedule provided such a 
process schedule has been established in accordance with Sec. 318.302 
(a) and (b) and is filed with the inspector in accordance with Sec. 
318.302(c); or
    (iii) Hold the product involved and have the deviation evaluated by 
a processing authority to assess the safety and stability of the 
product. Upon completion of the evaluation, the establishment shall 
provide the inspector the following:
    (a) A complete description of the deviation along with all necessary 
supporting documentation;
    (b) A copy of the evaluation report; and
    (c) A description of any product disposition actions, either taken 
or proposed.
    (iv) Product handled in accordance with paragraph (d)(1)(iii) of 
this section

[[Page 303]]

shall not be shipped from the establishment until the Program has 
reviewed all of the information submitted and approved the product 
disposition actions.
    (v) If an alternate process schedule is used that is not on file 
with the inspector or if an alternate process schedule is immediately 
calculated and used, the product shall be set aside for further 
evaluation in accordance with paragraphs (d)(1)(iii) and (iv) of this 
section.
    (vi) When a deviation occurs in a continuous rotary retort, the 
product shall be handled in accordance with paragraphs (d)(1)(iii) and 
(iv) of this section or in accordance with the following procedures:
    (a) Emergency stops.
    (1) When retort jams or breakdowns occur during the processing 
operations, all containers shall be given an emergency still process 
(developed per Sec. 318.302(b)) before the retort is cooled or the 
retort shall be cooled promptly and all containers removed and either 
reprocessed, repacked and reprocessed, or destroyed. Regardless of the 
procedure used, containers in the retort intake valve and in transfer 
valves between retort shells at the time of a jam or breakdown shall be 
removed and either reprocessed, repacked and reprocessed and or 
destroyed. Product to be destroyed shall be handled as ``U.S. Inspected 
and Condemned'', as defined in Sec. 301.2(ttt) of this subchapter, and 
disposed of in accordance with part 314 of this subchapter.
    (2) The time the retort reel stopped and the time the retort is used 
for an emergency still retort process shall be noted on the temperature/
time recording device and entered on the other production records 
required in Sec. 318.306.
    (b) Temperature drops. When the retort temperature drops below the 
temperature specified in the process schedule, the reel shall be stopped 
and the following actions shall be taken:
    (1) For temperature drops of less than 10 [deg]F (or 5.5 [deg]C) 
either, (i) all containers in the retort shall be given an emergency 
still process (developed per Sec. 318.302(b)) before the reel is 
restarted; (ii) container entry to the retort shall be prevented and an 
emergency agitating process (developed per Sec. 318.302(b)) shall be 
used before container entry to the retort is restarted; or (iii) 
container entry to the retort shall be prevented and the reel restarted 
to empty the retort. The discharged containers shall be reprocessed, 
repacked and reprocessed, or destroyed. Product to be destroyed shall be 
handled as ``U.S. Inspected and Condemned'', as defined in Sec. 
318.2(ee) of this subchapter, and disposed of in accordance with part 
314 of this subchapter.
    (2) For temperature drops of 10 [deg]F (or 5.5 [deg]C) or more, all 
containers in the retort shall be given an emergency still process 
(developed per Sec. 318.302(b)). The time the reel was stopped and the 
time the retort was used for a still retort process shall be marked on 
the temperature/time recording device by the establishment and entered 
on the other production records required in Sec. 318.306. 
Alternatively, container entry to the retort shall be prevented and the 
reel restarted to empty the retort. The discharged containers shall be 
either reprocessed, repacked and reprocessed, or destroyed. Product to 
be destroyed shall be handled as ``U.S. Inspected and Condemned'', as 
defined in Sec. 301.2(ee) of this subchapter, and disposed of in 
accordance with part 314 of this subchapter.
    (2) Deviations identified through record review. Whenever a 
deviation is noted during review of the processing and production 
records required by Sec. 318.307 (a) and (b), the establishment shall 
hold the product involved and the deviation shall be handled in 
accordance with paragraphs (d)(1) (iii) and (iv) of this section.
    (e) Process deviation file. The establishment shall maintain full 
records regarding the handling of each deviation. Such records shall 
include, at a minimum, the appropriate processing and production 
records, a full description of the corrective actions taken, the 
evaluation procedures and results, and the disposition of the affected 
product. Such records shall be maintained in a separate file or in a log 
that contains the appropriate information. The file or log shall be 
retained in accordance with Sec. 318.307(e) and shall be made

[[Page 304]]

available to Program employees upon request.

(Approved by the Office of Management and Budget under control number 
0583-0015)

[51 FR 45619, Dec. 19, 1986, as amended at 53 FR 49848, Dec. 12, 1988; 
62 FR 45025, Aug. 25, 1997; 65 FR 34389, May 30, 2000; 65 FR 53532, 
Sept. 5, 2000]