Code of Federal Regulations: Containing a Codification of Documents of ...

not be furnished to any person applying therefor because of lack of available inspectors or other administrative reasons, the service may be denied to such person by the Director until the condition justifying such denial is corrected.

(b) Service under the regulations in this part may also be denied to any person by the Administrator for such period as he may deem proper, if it is determined, after opportunity for hearing before a proper official in the Department, that such person has been responsible for any willful misrepresentation to the Department concerning any meat or other product for which service has been requested under the regulations, in this part, or that such person has been responsible for the use without authority, or the imitation, of any marks or certificates of Federal meat inspection on or with respect to any meat or other product, or has otherwise been responsible for any fraudulent or deceptive practice with respect to such service, or that such person has interfered with or obstructed any inspector in the performance of his duties under the regulations in this part, or attempted to do so. Pending final determination of the matter, the Director may deny or withdraw service without hearing in those cases where the public interests so require. In other cases prior to the institution of proceedings for denial of service under this paragraph, the facts or conduct which may warrant such

(a) Fees and charges for service under the regulations in this part shall be paid by the applicant for the service in accordance with this section, and, if required by the Administrator, the fees and charges shall be paid in advance.

(b) The fees and charges provided for in this section shall be paid by check, draft, or money order payable to the Treasurer of the United States and shall be remitted promptly to the Administrator upon furnishing to the applicant of a statement as to the amount due.

(c) The fees to be charged and collected for service under the regulations in this part shall be at a uniform hourly rate fixed by the Director, Meat Inspection Division, to cover the costs of the service and shall be charged for the time required to render such service, including but not limited to the time required for the travel of the inspector or inspectors in connection therewith during the regularly scheduled administrative workweek.

(d) Charges may also be made to cover the cost of travel and other expenses incurred by the Service in connection with the furnishing of the service.

SUBCHAPTER B-COOPERATIVE CONTROL AND ERADICATION

AND ANIMAL PRODUCTS

SOURCE: The provisions of this Part 51 appear at 28 F.R. 5933, June 13, 1963, except as otherwise noted.

§ 51.1 Definitions.

For the purposes of this part, the following terms shall be construed, respectively, to mean:

(a) "Department": The United States Department of Agriculture.

(b) "Division": Animal Disease Eradication Division of the Department.

(c) "Director of Division": The Director of the Division or any other officer or employee of the division to whom authority has heretofore lawfully been delegated, or may hereafter lawfully be delegated, to act in his stead.

(d) "Veterinarian in Charge": The veterinary inspector who is assigned by the Director of Division to supervise and

29.8

Certification of horse meat for The Netherlands.

Inspectors will issue Form MI 412-9 for horse meat and horse-meat product destined to The Netherlands, in addition to the export horse-meat certificates. § 29.9 Applicability of meat inspection regulations with respect to domestic horse meat and horse meat food products.

All of the provisions of Parts 1 through 29 of this subchapter, unless specifically inapplicable, are hereby made applicable to establishments required to have inspection under § 29.1, to such inspection service, and to the transportation from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, of horse meat and horse meat food products, capable of being used as food for man.

§ 29.10

Eligibility of foreign countries for importation of horse meat and horse meat food products into the United States.

(a) Whenever it shall be determined that the system of horse meat inspection maintained by any foreign country is the substantial equivalent of, or is as efficient as, the system established and maintained by the United States, and that reliance can be placed upon certificates required under this part from authorities of such foreign country, notice of that fact will be given by including the name of such foreign country in paragraph (b) of this section, and thereafter horse meat and horse meat food products as to which the foreign inspection and certification is determined to be sufficient shall be eligible for importation into the United States from such foreign country, as provided in paragraph (b) of this section. Horse meat and horse meat food products from

foreign countries not listed in paragraph (b) of this section are not eligible for importation into the United States. The listing of any foreign country under this section may be withdrawn whenever it shall be determined (1) that the system of horse meat inspection maintained by such foreign country is not the substantial equivalent of, or is not as efficient as, the system established and maintained by the United States, or that reliance cannot be placed upon certificates required under this part from authorities of such foreign country; or (2) that, for lack of current information concerning the system of horse meat inspection being maintained by such foreign country or for any other reason, such foreign country should reestablish its eligibility for listing.

(b) It has been determined that horse meat and horse meat food products from the following foreign countries covered by foreign horse meat inspection certificates of the country of origin as required by § 29.11 are eligible for importation into the United States after inspection and marking as required by the applicable provisions of Parts 1 through 29 of this subchapter and upon compliance with any requirements of the Animal Inspection and Quarantine Division of the Agricultural Research Service: Argentina.

were derived from horses which received ante-mortem and post-mortem veterinary inspections at the time of slaughter, and that such horse meat and horse meat food products are sound, healthful, wholesome, and otherwise fit for human food, and have not been treated with, and do not contain, any preservative, coloring matter, or other substance not permitted by the regulations governing the horse meat inspection of the United States Department of Agriculture, filed with me, and that said horse meat and horse meat food products have been handled only in a sanitary manner in this country. Number of Pieces or Packages

Kind of Product

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§ 29.12 Applicabiltiy of meat inspection. regulations to importation of horse meat and horse meat food products.

In addition to other sections of this part which apply to the importation of horse meat and horse meat food products, capable of being used as food for man, § 29.4, all of the provisions of Part 27 of this subchapter (except §§ 27.1; 27.2; 27.6 (a), (f), (g), and (h); 27.18; and 27.20 (a) and (c)), and all of the provisions of other parts of this subchapter as specified in said Part 27 which are applicable to horse meat and horse meat food products under § 29.9, are hereby made applicable to the importation of such horse meat and horse meat food products.

§ 29.13 Imported horse meat and horse meat food products to be handled and transported as domestic.

All imported horse meat and horse meat food products, capable of being used as food for man, after admission into the United States in compliance with this part shall be deemed and treated and shall be handled and transported as

domestic horse meat and horse meat food products, and shall be subject to the provisions of Parts 1 through 29 of this subchapter which are applicable to domestic horse meat and horse meat food products, and to the provisions, prohibitions, and penalties of the Horse Meat Act and the Meat Inspection Act as made applicable to horse meat and horse meat food products. Imported horse meat and horse meat food products which have been inspected, passed, and marked under this part may be transported from one State or Territory or the District of Columbia to another State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to a foreign country, only upon compliance with all of the provisions of Part 25 of this subchapter, except §§ 25.10 and 25.11, as if said provisions referred to horses, horse meat and horse meat food products.

40.6

of service.

Denial or withdrawal of service.

40.7 Fees and charges.

AUTHORITY: The provisions of this Part 40 issued under sec. 205, 60 Stat. 1090, as amended; 7 U.S.C. 1624. Interpret or apply R.S. 520, 34 Stat. 1260-1265, as amended, 41 Stat. 241, sec. 306, 46 Stat. 689, sec. 203, 60 Stat. 1087, as amended; 5 U.S.C. 511, 19 U.S.C. 1306, 21 U.S.C. 71-91, 96, 7 U.S.C. 1622.

SOURCE: The provisions of this Part 40 appear at 23 F.R. 9982, Dec. 23, 1958; 25 F.R. 9642, Oct. 7, 1960, except as otherwise noted. § 40.1

Meaning of words.

requires, the following terms shall be construed, respectively, to mean:

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

(b) Service. The Agricultural Research Service of the Department.

(c) Administrator. The Administrator of the Service or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) Director. The Director, Meat Inspection Division of the Service, or any officer or employee of the Department, to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(e) Inspector. Any officer or employee of the Department authorized to perform any duties under the regulations in this part.

(f) Person. Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other organized group of any of the foregoing.

(g) Federally inspected and passed. Inspected and passed under the Meat Inspection Act, as amended (21 U.S.C. 71 et seq.) or under the provisions in paragraphs 306 (b) and (c) of the Tariff Act of 1930 (19 U.S.C. 1306 (b) and (c)).

(h) Official establishment. An establishment operated under Federal meat inspection pursuant to the Meat Inspection Act, as amended (21 U.S.C. 71 et seq.).

(1) Food article. Any article of human food derived wholly or in part from meat, meat byproducts or meat food products and not subject to the Federal meat inspection laws but for which the mark of Federal meat inspection is requested.

[23 F.R. 9982, Dec. 23, 1958, as amended, 25 F.R. 9642, Oct. 7, 1960]

§ 40.3 Types and availability of service. Upon application in accordance with § 40.5 the following types of service may be furnished under the regulations in this part:

(a) Identification service. (1) Meat or other product that is federally inspected and passed at an official establishment, or upon importation, under the meat inspection laws, is officially marked to identify it as federally inspected and passed. In order to facilitate the divi

sion of such meat or other product into smaller portions or its combination into larger units and still maintain its identity as product which has been federally inspected and passed and so marked, inspectors may supervise the handling of the product and mark such portions or units with the marks of Federal inspection when they determine that the identity has been maintained.

(2) At the time service is furnished product must be sound, wholesome and fit for human food. The service will be available only on premises other than those of an official establishment. The sanitation of the plant or area where service is furnished must comply with applicable provisions of Part 8 of this subchapter.

(3) The mark of inspection shall be applied only under the immediate supervision of an inspector.

(b) Certification service. At the request of a purchaser, supplier, exporter, or others, inspectors may make certification regarding livestock products for human food purposes (including casings), to be exported, as meeting conditions or standards that are not imposed or are in addition to those imposed by the regulations in Parts 1 through 29 of this subchapter and the laws under which such regulations were issued.

(c) Food inspection service. An inspection and certification service for wholesomeness relating to the manufacture of a food article may be furnished upon application. All applicable provisions of this subchapter shall apply to the preparation, labeling and certification of the food article prepared under this food inspection service. [25 F.R. 9642, Oct. 7, 1960]

§ 40.5 Application for service.

Any person who desires to receive service under the regulations in this part for meat or other product eligible therefor under such regulations may make application for service to the Director, upon an application form which will be furnished by the Director upon request. § 40.6 Denial or withdrawal of service.

(a) If any person has applied for service for meat or other product not eligible therefor under the regulations in this part, or has failed to make proper application for service or to pay fees and charges due for service furnished or to be furnished to him under the regulations in this part, or if the service can

action shall be called to the attention of the person involved, in writing, and he shall be given an opportunity to demonstrate or achieve compliance with all applicable requirements.

§ 40.7 Fees and charges.