Special Provisions for Designated States and Territories; and for Designation of Establishments which Endanger Public Health and for such Designated Establishments (9 CFR 331.1-331.6)

349 Food Safety and Inspection Service, USDA § 331.1 (b) Upon terminating the detention of such article or livestock, an author ized representative of the Secretary shall: (1) Orally notify the immediate cus todian of the released article or live stock, and (2) Furnish copies of a completed ‘‘Notice of Termination of Detention’’ (FSIS Form 8400–1) to the persons noti fied when the article or livestock was detained. The notice shall be served by either delivering the notice to such persons or by certifying and mailing the notice to such persons at their last known residences or principal offices or places of business. (c) All official marks may be required by such representative to be removed from such article or livestock before it is released unless it appears to the sat isfaction of the representative that the article or livestock is eligible to retain such marks. [35 FR 15617, Oct. 3, 1970, as amended at 36 FR 12004, June 24, 1971; 39 FR 36000, Oct. 7, 1974; 55 FR 47842, Nov. 16, 1990] § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass, part of a carcass, meat or meat food product, or any dead, dying, disabled, or diseased livestock, that is being transported in commerce or is otherwise subject to Title I or II of the Act, or is held for sale in the United States after such transpor tation, is subject to seizure and con demnation, in a judicial proceeding pursuant to section 403 of the Act if such article or livestock: (a) Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of the Act, or (b) Is capable of use as human food and is adulterated or misbranded, or (c) In any other way is in violation of the Act. § 329.7 Procedure for seizure, con demnation, and disposition. Any article or livestock subject to seizure and condemnation under this part shall be liable to be proceeded against and seized and condemned, and disposed of, at any time, on an appro priate pleading in any United States district court, or other proper court specified in section 404 of the Act, within the jurisdiction of which the ar ticle or livestock is found. § 329.8 Authority for condemnation or seizure under other provisions of law. The provisions of this part relating to seizure, condemnation and disposi tion of articles or livestock do not der ogate from authority for condemnation or seizure conferred by other provisions of the Act, or other laws. § 329.9 Criminal offenses. The Act contains criminal provisions with respect to numerous offenses spec ified in the Act, including but not lim ited to bribery of Program employees, receipt of gifts by Program employees, and forcible assaults on, or other inter ference with, Program employees while engaged in, or on account of, the per formance of their official duties under the Act. PART 331—SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES; AND FOR DESIGNA TION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH AND FOR SUCH DESIGNATED ESTAB LISHMENTS Sec. 331.1 Definition of ‘‘State.’’ 331.2 Designation of States under paragraph 301(c) of the Act. 331.3 States designated under paragraph 301(c) of the Act; application of regula tions. 331.4 Control and disposal of non-federally inspected products in States designated under paragraph 301(c) of the Act. 331.5 Criteria and procedure for designating establishments with operations which would clearly endanger the public health; disposition of products; application of regulations. 331.6 Designation of States under section 205 of the Act; application of sections of the Act and the regulations. AUTHORITY: 21 U.S.C. 601–695; 7 CFR 2.17, 2.53. SOURCE: 35 FR 19667, Dec. 29, 1970, unless otherwise noted. § 331.1 Definition of ‘‘State’’. For purposes of this part, the term ‘‘State’’ means any State (including VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 350 9 CFR Ch. III (1–1–18 Edition) § 331.2 the Commonwealth of Puerto Rico) or organized Territory. § 331.2 Designation of States under paragraph 301(c) of the Act. Each of the following States has been designated, under paragraph 301(c) of the Act, as a State in which the provi sions of Titles I and IV of the Act shall apply to operations and transactions wholly within such State. The Federal provisions apply, effective on the dates shown below: State Effective date of applica-tion of Federal provisions Alaska ........................................ July 31, 1999. Arkansas .................................... June 1, 1981. California .................................... Apr. 1, 1976. Colorado .................................... July 1, 1975. Connecticut ................................ Oct. 1, 1975. Florida ........................................ Dec. 2, 1997. Guam ......................................... Jan. 21, 1972. Hawaii ........................................ Nov. 1, 1995. Idaho .......................................... July 1, 1981. Kentucky .................................... Jan. 14, 1972. Maryland .................................... Mar. 31, 1991 Massachusetts ........................... Jan. 12, 1976. Michigan ..................................... Oct. 3, 1981. Nebraska .................................... Oct. 1, 1971. Nevada ....................................... July 1, 1973. New Hampshire ......................... Aug. 6, 1978. New Jersey ................................ July 1, 1975. New Mexico ............................... Aug. 13, 2007. New York ................................... July 16, 1975. Northern Mariana Islands .......... Oct. 29, 1979. Oregon ....................................... July 1, 1972. Pennsylvania .............................. July 17, 1972. Puerto Rico ................................ June 18, 1971. Rhode Island .............................. Oct. 1, 1981. Tennessee ................................. Oct. 1, 1975. Virgin Islands of the U.S ............ Nov. 27, 1971. Washington ................................ June 1, 1973. [35 FR 19667, Dec. 29, 1970] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 331.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 331.3 States designated under para graph 301(c) of the Act; application of regulations. The provisions of the regulations in this subchapter apply to operations and transactions wholly within each State designated in § 331.2 under para graph 301(c) of the Act, except as other wise provided in this section. (The pro visions of the regulations apply in all respects to operations and transactions in or for commerce.) (a) Each establishment located in such a designated State shall be grant ed inspection required under § 302.1(a)(2) of this subchapter only if it is found, upon a combined evaluation of its premises, facilities, and oper ating procedures, to be capable of pro ducing products that are not adulter ated or misbranded. (b) Section 305.2 of this subchapter will apply to establishments required to have inspection under § 302.1(a)(2) of this subchapter, except that existing interconnections between official and unofficial establishments will be per mitted if it is determined in specific cases that the interconnections are such that transfer of inedible product into the official establishment would be difficult or unusual, and any such transfers are strictly prohibited, except as permitted under other provisions of this subchapter. It is essential that separation of facilities be maintained to the extent necessary to assure that inedible product does not enter the of ficial establishment contrary to the regulations in this subchapter. (c) Sections 416.2(c), (d), (e), (f), and (h) of this chapter shall apply to such establishments. (d) Section 314.2 of this subchapter shall apply to such establishments, ex cept that a separate room or compart ment need not be provided for inedible products if they can be handled so that they do not create insanitary condi tions in any room or compartment used for edible products or otherwise render any edible products adulterated and do not interfere with the conduct of inspection. For example, intestines, paunch contents, feet, and hides might be accumulated on the kill floor in clean, watertight drums with close fit ting covers if there is sufficient space to store them out of the way until the close of the day’s operation. (e) Sections 316.7, 317.3, and 412.1 of this chapter apply to such establish ments, except as provided in this para graph (e). (1) The operator of each such estab lishment will, prior to the inaugura tion of inspection, identify all labeling and marking devices in use, or pro posed for use, (upon the date of inau guration of inspection) to the Front Line Supervisor of the circuit in which VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 351 Food Safety and Inspection Service, USDA § 331.4 the establishment is located. Tem porary approval, pending formal ap proval under §§ 316.7, 317.3, and 412.1 of this chapter, will be granted by the Front Line Supervisor for labeling and marking devices that he determines are neither false nor misleading, pro vided the official inspection legend bearing the official establishment number is applied to the principal dis play panel of each label, either by a mechanical printing device or a self-de structive pressure sensitive sticker, and provided the label shows the true product name, an accurate ingredient statement, the name and address of the manufacturer, packer, or distributor, and any other features required by sec tion 1(n) of the Act. (2) The circuit supervisor will for ward one copy of each item of labeling and a description of each marking de vice for which he has granted tem porary approval to the Washington, DC, office of the Labeling and Pack aging Staff and will retain one copy in a temporary approval file for the estab lishment. (3) The operator of the official estab lishment shall promptly forward a copy of each item of labeling and a descrip tion of each marking device for which temporary approval has been granted by the Front Line Supervisor (showing any modifications required by the Front Line Supervisor) to the FSIS La beling and Program Delivery Staff, ac companied by the formula and details of preparation and packaging for each product. Within 90 days after inaugura tion of inspection, all labeling material and marking devices temporarily ap proved by the Front Line Supervisor must receive approval as required by §§ 316.7, 317.3, and 412.1 of this chapter, or their use must be discontinued. (4) The circuit supervisor will also re view all shipping containers to insure that they do not have any false or mis leading labeling and are otherwise not misbranded. Modifications of unaccept able information on labeling material by the use of self-destructive pressure sensitive tape or by blocking out with an ink stamp will be authorized on a temporary basis to permit the max imum allowable use of all labeling ma terials on hand. All unacceptable label ing material which is not modified to comply with the requirements of this subchapter must be destroyed or re moved from the official establishment. (f) Sections 320.1, 320.2, 320.3, 320.4, 320.5, 325.20, and 325.21 apply to oper ations and transactions not in or for commerce in a State designated under paragraph 301(c) only if the State is also designated under section 205 of the Act and if such provisions are applica ble as shown in § 331.6. (g) Section 321.1(a) of this subchapter will not apply to States designated under paragraph 301(c) of the Act. (h) Parts 322 and 327 and § 325.3 of this subchapter relating to exports and im ports do not apply to operations and transactions solely in or for intrastate commerce. (i) Part 325 of this subchapter will apply to establishments required to have inspection under § 302.1(a)(2) of this subchapter and to operations and transactions solely in or for intrastate commerce, except as provided in para graphs (h) and (j) of this section. (j) Sections 325.4, 325.15, and 325.1(b) of this subchapter will not apply to re quire a certificate, or evidence thereof, for the distribution solely within any designated State of products that are U.S. inspected and passed and so marked. [35 FR 19667, Dec. 29, 1970, as amended at 36 FR 12004, June 24, 1971; 41 FR 18089, Apr. 30, 1976; 62 FR 45026, Aug. 25, 1997; 64 FR 56416, Oct. 20, 1999; 78 FR 66837, Nov. 7, 2013] § 331.4 Control and disposal of non federally-inspected products in States designated under paragraph 301(c) of the Act. Upon the effective date of designa tion of a State under paragraph 301(c) of the Act, no products can be prepared within the State unless they are pre pared under inspection pursuant to the regulations in this subchapter or are exempted from the requirement of in spection under § 303.1 of this sub chapter, and no unexempted products which were prepared without any in spection can lawfully be distributed within the State. For a period of 90 days from the effective date of such designation, products which were pre pared and inspected and passed under the supervision of a responsible State VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 352 9 CFR Ch. III (1–1–18 Edition) § 331.5 or local inspection agency can be dis tributed solely within the State, pro vided they are not adulterated or mis branded, except that the official in spection legend is not required. Within the 90-day period, products that have been inspected by the State or local in spection agency may be further pre pared and otherwise handled in official establishments required to have inspec tion under § 302.1(a)(2) of this sub chapter or at establishments exempted from the requirements of such inspec tion under § 303.1 of this subchapter, and may be distributed as provided in this section but otherwise shall be han dled in accordance with § 305.4 of this subchapter. Such products shall not bear any [Federal] official inspection legends. After said 90–day period, only federally inspected and passed products may be distributed within the des ignated State, except as provided in § 303.1 of this subchapter. § 331.5 Criteria and procedure for des ignating establishments with oper ations which would clearly endan ger the public health; disposition of products; application of regula tions. (a) An establishment preparing prod ucts solely for distribution within any State shall be designated as one pro ducing adulterated products which would clearly endanger the public health, if: (1) Any meat or meat food product prepared at the establishment is adul terated in any of the following re spects: (i) It bears or contains a pesticide chemical, food additive, or color addi tive, that is ‘‘unsafe’’ within the mean ing of sections 408, 409, or 706 of the Federal Food, Drug, and Cosmetic Act or was intentionally subjected to radi ation in a manner not permitted under section 409 of said Act; or if it bears or contains any other added poisonous or added deleterious substance which may render it injurious to health or make it unfit for human food; or (ii) It consists in whole or in part of any filthy, putrid, or decomposed sub stance or is for any other reason un sound, unhealthful, or unwholesome or otherwise unfit for human food (for ex ample, it was prepared from meat or other ingredients exhibiting spoilage characteristics; or it is, or was pre pared from, a carcass affected with a disease transmissible to humans and its condemnation would be required under part 309 or 310 of the Federal Meat Inspection regulations (9 CFR parts 309, 310) at federally inspected es tablishments; or it is a ready-to-eat pork product which has not been treat ed to destroy trichinae as prescribed in § 318.10 of this subchapter for products at federally inspected establishments); or (iii) It has been prepared, packed or held under insanitary conditions whereby it may have become contami nated with filth or may have been ren dered injurious to health (for example if insects or vermin are not effectively controlled at the establishments, or in sanitary water is used in preparing meat or meat food products for human food); or (iv) It is, in whole or in part, the product of an animal that died other wise than by slaughter; or (v) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; and (2) Such adulterated articles are in tended to be or are distributed from the establishment while capable of use as human food. (b) When any such establishment is identified by a Program Inspector as one producing adulterated product, which would clearly endanger public health under the criteria in paragraph (a) of this section, the following proce dure will be followed: (1) The Program Inspector will infor mally advise the operator of the estab lishment concerning the deficiencies found by him and report his findings to the appropriate Regional Director for the Program. When it is determined by the Regional Director that any estab lishment preparing products solely for distribution within any State is pro ducing adulterated products for dis tribution within such State which would clearly endanger the public health, written notification thereof will be issued to the appropriate State officials, including the Governor of the State and the appropriate Advisory Committee, for effective action under VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 353 Food Safety and Inspection Service, USDA § 331.6 State or local law to prevent such en dangering of the public health. Such written notification shall clearly speci fy the deficiencies deemed to result in the production of adulterated products and shall specify a reasonable time for such action under State or local law. (2) If effective action is not taken under State or local law within the specified time, written notification shall be issued by the Regional Direc tor to the operator of the establish ment, specifying the deficiencies in volved and allowing him ten days to present his views or make the nec essary corrections, and notifying him that failure to correct such deficiencies may result in designation of the estab lishment and operator thereof as sub ject to the provisions of titles I and IV of the Act as though engaged in com merce. (3) Thereafter the Program Inspector shall survey the establishment and des ignate it if he determines, in consulta tion with the Regional Director, that it is producing adulterated products, which would clearly endanger the pub lic health, and formal notice of such designation will be issued to the oper ator of the establishment by the Re gional Director. (c) Products on hand at the time of designation of an establishment under this section are subject to detention, seizure and condemnation in accord ance with part 329 of this subchapter: Provided, That products that have been federally inspected and so identified and that have not been further pre pared at any nonfederally inspected es tablishment may be released for dis tribution if the products appear to be not adulterated or misbranded at the time of such release. (d) No establishment designated under this section can lawfully prepare any products unless it first obtains in spection or qualifies for exemption under § 303.1 of this subchapter. All of the provisions of the regulations shall apply to establishments designated under this section, except that the ex ceptions provided for in § 331.3 of this part shall apply to such establish ments. § 331.6 Designation of States under section 205 of the Act; application of sections of the Act and the regu lations. Each of the following States has been designated, effective on the date shown below, under section 205 of the Act, as a State in which the provisions of the sections of the Act and regulations specified below shall apply to operators engaged, other than in or for com merce, in the kinds of business indi cated below: Sections of act and regu lations Classes of operators State Effective date of designation Act, section 202; §§ 320.1, 320.2, 320.3, and 320.4. Persons engaged (not in or for commerce) in (1) the busi ness of slaughtering any livestock or preparing, freezing, packaging or labeling any livestock carcasses or parts or products thereof, for use as human food or animal food; (2) the business of buying or selling (as a meat broker, wholesaler, or otherwise), transporting or storing any live stock carcasses or parts or products thereof; or (3) busi ness as a renderer, or in the business of buying, selling, or transporting any dead, dying, disabled, or diseased live stock or parts of carcasses of any livestock that died other wise than by slaughter. Alaska ............... Arkansas ........... California ........... Colorado ........... Connecticut ....... Guam ................ Idaho ................. Kentucky ........... Maryland ........... Massachusetts .. Michigan ............ Nebraska ........... July 31, 1999. Mar. 29, 1982. Apr. 1, 1976. July 1, 1975. Oct. 1, 1975. Nov. 19, 1976. Mar. 29, 1982. Apr. 18, 1973. Mar. 31, 1991. Jan. 12, 1976. Mar. 29, 1982. Jan. 31, 1975. Nevada .............. Jan. 31, 1975. New Hampshire Oct. 29, 1979. New Jersey ....... July 1, 1975. New York .......... July 16, 1975. Northern Mar iana Islands. Oct. 29, 1979. Oregon .............. Jan. 31, 1975. Pennsylvania ..... May 2, 1974. Puerto Rico ....... Nov. 19, 1976. Rhode Island ..... Mar. 29, 1982. Tennessee ........ Oct. 1, 1975. Virgin Islands .... Nov. 19, 1976. Washington ....... Jan. 31, 1975. VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 354 9 CFR Ch. III (1–1–18 Edition) Pt. 332 Sections of act and regu lations Classes of operators State Effective date of designation Act, 203; § 320.5 .............. Persons engaged (not in or for commerce) in business as a meat broker; renderer; animal food manufacturer; whole saler or public warehouseman of livestock carcasses, or parts or products thereof; or buying, selling, or transporting any dead, dying, disabled, or diseased livestock, or parts of carcasses of any such livestock that dies otherwise than by slaughter. Alaska ............... Arkansas ........... California ........... Colorado ........... Connecticut ....... Guam ................ Idaho ................. Kentucky ........... Maryland ........... Massachusetts .. July 31, 1999. Mar. 29, 1982. Apr. 1, 1976. July 1, 1975. Oct. 1, 1973. Nov. 19, 1976. Mar. 29, 1982. Apr. 18, 1976. Mar. 31, 1991. Jan. 12, 1975. Michigan ............ Mar. 29, 1982. Nebraska ........... Jan. 31, 1975. Nevada .............. Jan. 31, 1975. New Hampshire Oct. 29, 1979. New Jersey ....... July 1, 1975. New York .......... July 16, 1973. Northern Mar iana Islands. Oct. 29, 1979. Oregon .............. Jan. 31, 1974. Pennsylvania ..... May 2, 1975. Puerto Rico ....... Nov. 19, 1976. Rhode Island ..... Mar. 29, 1982. Tennessee ........ Oct. 1, 1975. Virgin Islands .... Nov. 19, 1976. Washington ....... Jan. 31, 1975. Act, 204; §§ 325.20 and 325.21. Persons engaged (not in or for commerce) in the business of buying, selling or transporting any dead, dying, disabled or diseased animals, or parts of carcasses of any animals that died otherwise than by slaughter. Alaska ............... Arkansas ........... Connecticut ....... Guam ................ Idaho ................. Kentucky ........... Maryland ........... Massachusetts .. July 31, 1999. Mar. 29, 1982. Oct. 1, 1975. Nov. 19, 1976. Mar. 29, 1982. Apr. 18, 1973. Mar. 31, 1991. Jan. 12, 1976. Michigan ............ Mar. 29, 1982. Nevada .............. Jan. 31, 1975. New Hampshire Oct. 29, 1979. New Jersey ....... July 1, 1975. New York .......... July 16, 1975. Northern Mar iana Islands. Oct. 29, 1979. Oregon .............. Jan. 31, 1975. Pennsylvania ..... May 2, 1974. Puerto Rico ....... Nov. 19, 1976. Rhode Island ..... Mar. 29, 1982. Virgin Islands .... Nov. 19, 1976. Washington ....... Jan. 31, 1975. [35 FR 19667, Dec. 29, 1970] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 331.6, see the List of CFR Sec tions Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. PART 332—SELECTED ESTABLISH MENTS; COOPERATIVE PRO GRAM FOR INTERSTATE SHIPMENT OF CARCASSES, PARTS OF CAR CASSES, MEAT, AND MEAT FOOD PRODUCTS Sec. 332.1 Definitions. 332.2 Purpose. 332.3 Requirements for establishments; in eligible establishments. 332.4 State request for cooperative agree ment. 332.5 Establishment selection; official num ber for selected establishments. 332.6 Commencement of a cooperative inter state shipment program; inspection by designated personnel and official mark. 332.7 Federal oversight of a cooperative interstate shipment program. 332.8 Quarterly reports. 332.9 Enforcement authority. 332.10 Deselection of ineligible establish ments. 332.11 Transition to official establishment. 332.12 Transition grants. VerDate Sep<11>2014 16:50 Jan 24, 2018 Jkt 244029 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Q:\09\9V2.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B