[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: 9CFR318.309]

[Page 304-305]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
                  Subpart G_Canning and Canned Products
 
Sec. 318.309  Finished product inspection.

    (a) Finished product inspections must be handled according to:
    (1) A HACCP plan for canned product that addresses hazards 
associated with microbiological contamination;
    (2) An FSIS-approved total quality control system;
    (3) Alternative documented procedures that will ensure that only 
safe and stable product is shipped in commerce; or
    (4) Paragraph (d) of this section.
    (b)-(c) [Reserved]
    (d) Procedures for handling finished product inspections 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) Incubation of shelf stable canned product--(i) Incubator. The 
establishment shall provide incubation facilities which include an 
accurate temperature/time recording device, an indicating temperature 
device, a means for the circulation of the air inside the incubator to 
prevent temperature variations, and a means to prevent unauthorized 
entry into the facility. The Program is responsible for the security of 
the incubator.
    (ii) Incubation temperature. The incubation temperature shall be 
maintained at 955 [deg]F (352.8 [deg]C). If the incubation temperature falls below 
90 [deg]F (or 32 [deg]C) or exceeds 100 [deg]F (or 38 [deg]C) but does 
not reach 103 [deg]F (or 39.5 [deg]C), the incubation temperature shall 
be adjusted within the required range and the incubation time extended 
for the time the sample containers were held at the deviant temperature. 
If the incubation temperature is at or above 103 [deg]F (or 39.5 [deg]C) 
for more than 2 hours, the incubation test(s) shall be terminated, the 
temperature lowered to within the required range, and new sample 
containers incubated for the required time.
    (iii) Product requiring incubation. Shelf stable product requiring 
incubation includes:
    (a) Low acid products as defined in Sec. 318.300(m); and
    (b) Acidified low acid products as defined in Sec. 318.300(b).
    (iv) Incubation samples. (a) From each load of product processed in 
a batch-type thermal processing system (still or agitation), the 
establishment shall select at least one container for incubation.
    (b) For continuous rotary retorts, hydrostatic retorts, or other 
continuous-type thermal processing systems, the establishment shall 
select at least one container per 1,000 for incubation.
    (c) Only normal-appearing containers shall be selected for 
incubation.
    (v) Incubation time. Canned product requiring incubation shall be 
incubated for not less than 10 days (240 hours) under the conditions 
specified in paragraph (d)(1)(ii) of this section.
    (vi) Incubation checks and record maintenance. Designated 
establishment employees shall visually check all containers under 
incubation each working day and the inspector shall be notified when 
abnormal containers are detected. All abnormal containers should be 
allowed to cool before a final decision on their condition is made. For 
each incubation test the establishment shall record at least the product 
name, container size, container code, number of containers incubated, in 
and out dates, and incubation results. The establishment shall retain 
such records, along with copies of the temperature/time recording 
charts, in accordance with Sec. 318.307(e).
    (vii) Abnormal containers. The finding of abnormal containers (as 
defined in Sec. 318.300(a)) among incubation samples is cause to 
officially retain at least the code lot involved.
    (viii) Shipping. No product shall be shipped from the establishment 
before the end of the required incubation period except as provided in 
this paragraph or paragraph (b) or (c) of this section. An establishment 
wishing to ship product prior to the completion of

[[Page 305]]

the required incubation period shall submit a written proposal to the 
area supervisor. Such a proposal shall include provisions that will 
assure that shipped product will not reach the retail level of 
distribution before sample incubation is completed and that product can 
be returned promptly to the establishment should such action be deemed 
necessary by the incubation test results. Upon receipt of written 
approval from the area supervisor, product may be routinely shipped 
provided the establishment continues to comply with all requirements of 
this subpart.
    (2) Container condition--(i) Normal containers. Only normal-
appearing containers shall be shipped from an establishment as 
determined by an appropriate sampling plan or other means acceptable to 
Program employees.
    (ii) Abnormal containers. When abnormal containers are detected by 
any means other than incubation, the establishment shall inform the 
inspector, and the affected code lot(s) shall not be shipped until the 
Program has determined that the product is safe and stable. Such a 
determination will take into account the cause and level of abnormals in 
the affected lot(s) as well as any product disposition actions either 
taken or proposed by the establishment.

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

[51 FR 45619, Dec. 19, 1986, as amended at 57 FR 37872, Aug. 21, 1992; 
57 FR 55443, Nov. 25, 1992; 62 FR 45025, Aug. 25, 1997; 65 FR 34389, May 
30, 2000; 65 FR 53532, Sept. 5, 2000]