[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: 9CFR381.71]

[Page 455]
 
                  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 J_Ante Mortem Inspection
 
Sec. 381.71  Condemnation on ante mortem inspection.

    (a) Birds plainly showing on ante mortem inspection any disease or 
condition, that under Sec. Sec. 381.80 to 381.93, inclusive, would 
cause condemnation of their carcasses on post mortem inspection, shall 
be condemned. Birds which on ante mortem inspection are condemned shall 
not be dressed, nor shall they be conveyed into any department of the 
official establishment where poultry products are prepared or held. 
Poultry which has been condemned on ante mortem inspection and has been 
killed or died otherwise shall under the supervision of an inspector of 
the Inspection Service, be disposed of as provided in Sec. 381.95.
    (b) Dead-on-arrival ratites and ratites condemned on ante mortem 
inspection will be tagged ``U.S. Condemned'' by an establishment 
employee under FSIS supervision and disposed of by one of the methods 
prescribed in Sec. 381.95.
    (c) All seriously crippled ratites and non-ambulatory ratites, 
commonly termed ``downers,'' shall be identified as ``U.S. Suspects.''
    (d) Ratites exhibiting signs of drug or chemical poisoning shall be 
withheld from slaughter.
    (e) Ratites identified as ``U.S. Suspects'' or ``U.S. Condemned'' 
may be set aside for treatment. The ``U.S. Suspect'' or ``U.S. 
Condemned'' identification device will be removed by an establishment 
employee under FSIS supervision following treatment if the bird is found 
to be free of disease. Such a bird found to have recovered from the 
condition for which it was treated may be released for slaughter or for 
purposes other than slaughter, provided that in the latter instance 
permission is first obtained from the local, State, or Federal sanitary 
official having jurisdiction over movement of such birds.
    (f) When it is necessary for humane reasons to slaughter an injured 
ratite at night or Sunday or a holiday, and the Agency veterinary 
medical officer cannot be obtained, the carcass and all parts shall be 
kept for inspection, with the head and all viscera except the 
gastrointestinal tract held by the natural attachment. If all parts are 
not so kept for inspection, the carcass shall be condemned. If on 
inspection of a carcass slaughtered in the absence of an inspector, any 
lesion or other evidence is found indicating that the bird was sick or 
diseased, or affected with any other condition requiring condemnation of 
the animal on ante mortem inspection, or if there is lacking evidence of 
the condition that rendered emergency slaughter necessary, the carcass 
shall be condemned. Ratites that are sick, dying, or that have been 
treated with a drug or chemical and presented for slaughter before the 
required withdrawal period, are not covered by emergency slaughter 
provisions.

[37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001; 67 FR 
13258, Mar. 22, 2002]