Part 1-Definitions

§ 1.1 Definitions. For the purposes of Parts 1 through 29 of this subchapter the following words, phrases, names, and terms shall be construed, respectively, to mean:

(a) The Meat Inspection Act. An act making appropriations for the Department of Agriculture, for the fiscal year ending June 30, 1907, approved June 30, 1906 (34 Stat. 674-679), as re-enacted by an act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1908, approved March 4, 1907 (34 Stat. 1260-1265), as amended and extended (21 U. S. C. 7191, 96).

(b) The Imported-Meat Act. Section 306 of an act entitled "An act to provide revenue, to regulate commerce with foreign countries, to encourage the industries of the United States, to protect American labor, and for other purposes," approved June 17, 1930 (46 Stat. 689; 19 U.S. C. 1306).

(c) The Department. The United States Department of Agriculture.

(d) Agricultural Research Service. The Agricultural Research Service of the U.S. Department of Agriculture.

(e) Administrator. The Administrator of the Agricultural Research Service. (f) Division. The Meat Inspection Division of the Agricultural Research Service.

(g) Inspector. An inspector of the Division.

(h) Division employees. Inspectors and all other individuals employed in the Division who are authorized by the Director of Division to do any work or perform any duty in connection with meat inspection.

(i) Official establishment. Any slaughtering, meat canning, curing, smoking, salting, packing, rendering, or other similar establishment at which inspection is maintained under the regulations in Parts 1 through 29 of this subchapter.

(j) Official station. One or more official establishments included under a single supervision.

(k) "Inspected and passed,” or “U. S. inspected and passed," or "U. S. inspected and passed by Department of Agriculture," or any authorized abbreviations thereof. The meat, meat byproducts, or meat food products so marked have been inspected and passed under the regulations in Parts 1 through 29 of this subchapter, and at the time they were inspected, passed, and so marked they were found to be sound, healthful, wholesome, and fit for human food.

(1) "U. S. passed for cooking." The meat and meat byproducts so marked have been inspected and passed on condition that they be rendered into lard, rendered pork fat, or tallow, as prescribed by Part 15 of this subchapter, or otherwise cooked by a method approved by the Director of Division.

(m) "U. S. passed for refrigeration.” The meat and meat byproduct so identified have been inspected and passed on condition that they be refrigerated or otherwise handled as prescribed by Part 11 of this subchapter, or by a method approved by the Director of Division.

(n) "U. S. inspected and condemned" or any authorized abbreviation thereof. The carcass, viscera, part of carcass, meat, meat byproduct, or meat food product, so marked or so identified, is unsound, unhealthful, unwholesome, or otherwise unfit for human food.

(0) "U. S. retained.” The carcass, viscera, part of carcass, meat, meat byproduct, meat food product, or other article so marked or identified is held for further examination by an inspector to determine its disposal.

(p) "U. S. suspect." The animal so marked is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by an inspector to determine its disposal.

(q) "U. S. condemned." The animal so marked has been inspected and found to be in a dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.

(r) Inspection legend. A mark or a statement, authorized by the regulations in Parts 1 through 29 of this subchapter, on a product or on the container of a product indicating that the product has been inspected and passed for food by an inspector.

(s) Animal. Cattle, sheep, swine, or goat.

(t) Carcass. All parts, including viscera, of a slaughtered animal that are capable of being used for human food.

(u) Meat. The edible part of the muscle of cattle, sheep, swine, or goats which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.

(v) Meat byproduct. Any edible part other than meat which has been derived from one or more cattle, sheep, swine, or goats.

(w) Meat food product. Any article of food, or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, or goat, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.

(x) Product. Any part or all of meat, meat byproduct, and meat food product. (y) Immediate container or true container. The unit can, pot, tin, canvas, or other receptacle or covering in which any product is customarily shipped.

(z) Shipping container or outside container. The box, bag, barrel, crate, or other receptacle or covering enclosing any product packed in one or more immediate or true containers.

(aa) Person. Natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be. (34 Stat. 1264, sec. 306, 46 Stat. 689; 19 U. S. C. 1306, 21 U. S. C. 89) [23 F. R. 9933, Dec. 23, 1958]

as

§ 2.1 Establishments requiring inspection. Every establishment in which cattle, sheep, swine, or goats are slaughtered for transportation or sale articles of interstate or foreign commerce, or in which meat, meat byproducts, or meat food products of, or derived from, cattle, sheep, swine, or goats are, wholly or in part, canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared for transportation or sale as articles of interstate or foreign commerce, which are capable of being used as food for man, shall have inspection under the regulations in Parts 1 through 29 of this subchapter, except as expressly exempted by Part 4 of this subchapter.

§ 2.2 Animals and product entering inspected establishments. All cattle, sheep, swine, and goats and all product entering an establishment at which inspection is required by Parts 1 through 29 of this subchapter, and all product prepared, in whole or in part, therein, shall be inspected, handled, prepared, marked, and labeled as required by the regulations in Parts 1 through 29 of this subchapter.

§ 2.3 Horse slaughtering establishments requiring inspection. Every establishment in which horses are slaughtered for transportation or sale as articles of interstate or foreign commerce, or in which carcasses, parts of carcasses, meat, meat byproducts, or meat food products of, or derived from, horses are, wholly or in part, canned, cured, smoked, salted, packed, rendered, or otherwise prepared for transportation or sale as articles of interstate or foreign commerce, which are capable of being used as food for man, shall have inspection in accordance with the terms prescribed in Part 29 of this subchapter.

Part 4-Applications for Inspection or Exemption; Retail Butchers, Retail Dealers, and Farmers

Sec. 4.1 Application for inspection or exemption. 4.2 Inspection; drawings, information to be furnished, subsidiary establishments, notice of grant of inspection, false statements.

4.3 Exemption.

4.4 Exemption; holders of, limited to supplying own customers.

4.5 Shipments of farm dressed meat. 4.6 Inspection for violations.

AUTHORITY: §§ 4.1 to 4.6 issued under 34 Stat. 1264, sec. 306, 46 Stat. 689; 19 U. S. C. 1306, 21 U. S. C. 89.

SOURCE: §§ 4.1 to 4.6 appear at 23 F. R. 9934, Dec. 23, 1958.

§ 4.1 Application for inspection or exemption. (a) The proprietor or operator of each establishment of the kind specified in § 2.1 of this subchapter shall make application to the Director of Division for inspection or for exemption from inspection.

(b) The proprietor or operator of each establishment of the kind specified in § 2.3 of this subchapter shall make application to the Director of Division for inspection.

(c) Every application under this section shall be made on a form furnished by the Division, Washington, D. C. In cases of change of ownership or change of location, a new application shall be made.

§ 4.2 Inspection; drawings, information to be furnished, subsidiary establishments, notice of grant of inspection, false statements. (a) Triplicate copies of complete drawings, with specifications, consisting of floor plans showing the locations of such features as the principal pieces of equipment, floor drains, principal drainage lines, hand washing basins, and hose connections for cleanup purposes; roof plans; elevations; cross and longitudinal sections of the various buildings showing such features as principal pieces of equipment, heights of ceilings, conveyor rails, and character of floors and ceilings; and a plot plan showing such features as the limits of the plant's premises, locations in outline of buildings on the premises, cardinal points of the compass, and roadways and railroads serving the plant, properly

drawn to scale, shall accompany applications for inspection. Applicants for inspection may request information from the Director of Division concerning the requirements before submitting plans.

(b) Each application shall specify the names, addresses, and forms of organization of subsidiaries for which inspection is requested to do any of the business described in §§ 2.1 or 2.3 of this subchapter.

(c) Notice in writing shall be given to each applicant granted inspection, specifying the establishment to which the same applies.

(d) The Director of Division is hereby authorized to determine whether applications for inspection or for exemption from inspection shall be granted or refused, and to revoke his prior approval of any application if he determines that any false statement was made in such application.

§4.3 Exemption. (a) Retail butchers and retail dealers in product, supplying their customers as provided in the Meat Inspection Act, upon making application, pursuant to § 4.1, may be exempted from inspection. To each one so exempted a numbered certificate of exemption shall be furnished. No certificate of exemption shall be issued unless all the premises on which the products are prepared and handled are maintained in a sanitary condition. Failure by certificate holders to maintain sanitary conditions or to conform to such of the regulations in Parts 1 through 29 of this subchapter as apply to them shall be cause for withdrawal of exemption and the cancellation of certificates. Such exempted establishments conform to the same regulations as govern official establishments to the extent that such regulations are applicable, including but not limited to those regulations regarding labeling, the use of dyes, chemicals, and preservatives, and the prescribed treatment of pork to destroy trichinae as required under Part 18 of this subchapter.

shall

(b) On request of the Director of Division, or an employee designated by him, an exempted establishment shall furnish such information concerning its business and operations as has a bearing on the exemption of the establishment from inspection.

(c) The Director of Division is hereby authorized to withdraw exemption from

any exempted establishment which fails to comply with any applicable provision of the Meat Inspection Act or of the regulations made pursuant thereto.

(d) A certificate of exemption will be issued only in one name at one location. A certificate will not be issued if any business is transacted at the location in the name of anyone other than the applicant for the certificate of exemption, for example, in the name of a parent company, subsidiary, or tenant of the applicant.

§ 4.4 Exemption; holders of, limited to supplying own customers. No establishment holding a certificate of exemption shall use the same for any purpose except to supply its own customers, as provided in the Meat Inspection Act.

§ 4.5 Shipments of farm dressed meat. The carcasses and products of animals slaughtered by any farmer on the farm: Provided, They can be identified as such and are sound, healthful, wholesome, and fit for human food, and otherwise meet the requirements of the applicable regulations in Parts 1 through 29 of this subchapter, may be transported in interstate or foreign commerce under the provisions of § 25.11 of this subchapter. A farmer need not apply for exemption from inspection in order to procure the transportation of such carcasses and products.

§ 4.6 Inspection for violations. The issuance of certificates of exemption shall be conditioned on the granting of permission by the holder thereof to inspectors to make inspections to ascertain whether any of the regulations in Parts 1 through 29 of this subchapter have been violated. Inspectors shall make inspections to ascertain whether any of the regulations in Parts 1 through 29 of this subchapter applying to retail butchers, retail dealers, farmers or other persons have been violated.

Part 5-Official Numbers and Inauguration of Inspection

AUTHORITY: §§ 5.1 to 5.6 issued under 34 Stat. 1264, sec. 306, 46 Stat. 689; 19 U. S. C. 1306, 21 U. S. C. 89.

SOURCE: §§ 5.1 to 5.6 appear at 23 F. R. 9935, Dec. 23, 1958.

§ 5.1 Official numbers; subsidiary establishments. (a) To each establishment granted inspection an official number shall be assigned. Such number shall be used to identify all inspected and passed products prepared in the establishment. More than one number shall not be assigned to an establishment.

(b) Two or more official establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof.

(c) When inspection has been granted to a person at an establishment, it shall not be granted to any other person at the same establishment, except that a subsidiary of the grantee, doing any of the business described in § 2.1 of this subchapter may apply for and receive inspection.

§ 5.2 Separation of official from unofficial establishment. (a) Each official establishment shall be separate and distinct from any other official establishment, from any unofficial establishment in which any product is handled, and from any other unofficial establishment at the discretion of the Director of Division.

(b) Inspection shall not be inaugurated in any building any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, or similar material, and the floors, walls, and ceilings are without opening that directly or indirectly communicates with any part of the building used as living quarters.

§ 5.3 Sanitation and adequate facilities. Inspection shall not be begun if an establishment is not in a sanitary condition nor unless the establishment agrees to maintain such condition and provides adequate facilities for conducting such inspection.