50 CFR - § 261.101-261.103 - United States Standards for Grades

125 Nat’l Marine Fish. Serv./NOAA, Comm. § 261.101 the product properly labeled and/or wholesome will be identified by the in spector in an appropriate and con spicuous manner with the word ‘‘RE TAINED.’’ Such lot(s) of product shall be held for reinspection or testing. Final disposition of the lot(s) shall be determined by NMFS and the removal of the ‘‘RETAINED’’ identification shall be performed by the inspector. [36 FR 21041, Nov. 3, 1971] § 260.104 Personnel. The establishment management shall be responsible for taking all pre cautions to assure the following: (a) Disease control. No person affected by disease in a communicable form, or while a carrier of such disease, or while affected with boils, sores, infected wounds, or other abnormal sources of microbiological contamination, shall work in a food plant in any capacity in which there is a reasonable possibility of food ingredients becoming contami nated by such person, or of disease being transmitted by such person to other individuals. (b) Cleanliness. All persons, while working in direct contact with food preparation, food ingredients, or sur faces coming into contact therewith shall: (1) Wear clean outer garments, main tain a high degree of personal cleanli ness, and conform to hygenic practices while on duty, to the extent necessary to prevent contamination of food prod ucts. (2) Wash and sanitize their hands thoroughly to prevent contamination by undesirable microorganisms before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated. (3) Remove all insecure jewelry and, when food is being manipulated by hand, remove from hands any jewelry that cannot be adequately sanitized. (4) If gloves are used in food han dling, maintain them in an intact, clean, and sanitary condition. Such gloves shall be of an impermeable ma terial except where their usage would be inappropriate or incompatible with the work involved. (5) Wear hair nets, caps, masks, or other effective hair restraints. Other persons that may incidentally enter the processing areas shall comply with this requirement. (6) Not store clothing or other per sonal belongings, eat food, drink bev erages, chew gum, or use tobacco in any form in areas where food or food ingredients are exposed or in areas used for washing equipment or uten sils. (7) Take any other necessary pre cautions to prevent contamination of foods with microorganisms or foreign substances including, but not limited to perspiration, hair, cosmetics, to bacco, chemicals, and medicants. (c) Education and training. Personnel responsible for identifying sanitation failures or food contamination should have a background of education or ex perience, or a combination thereof, to provide a level of competency nec essary for production of clean whole some food. Food handlers and super visors should receive appropriate train ing in proper food-handling techniques and food-protection principles and should be cognizant of the danger of poor personal hygiene and unsanitary practices, and other vectors of con tamination. [36 FR 21041, Nov. 3, 1971] LABELING REQUIREMENTS §§ 260.200–260.201 [Reserved] PART 261—UNITED STATES STANDARDS FOR GRADES Sec. 261.101 Standard description. 261.102 Publication and removal of U.S. Grade Standards. 261.103 Basis for determination of a U.S. Standard for Grades. AUTHORITY: 7 U.S.C. 1621–1630. SOURCE: 61 FR 9369, Mar. 8, 1996, unless oth erwise noted. § 261.101 Standard description. A U.S. Standard for Grades author ized under this part is a standard for a fish or fishery product that has been developed and adopted by the vol untary seafood inspection program pur suant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and 126 50 CFR Ch. II (10–1–23 Edition) § 261.102 other authorities delegated to the U.S. Department of Commerce. § 261.102 Publication and removal of U.S. Grade Standards. (a) The voluntary U.S. Standards for Grades adopted pursuant to this part shall be issued as Program policies and contained within the NMFS Fishery Products Inspection Manual. Compli ance with voluntary standards issued as Program policies within the manual shall satisfy the requirements of this part. Compliance with a voluntary standard issued as a Program policy does not relieve any party from the re sponsibility to comply with the provi sions of the Federal Food, Drug, and Cosmetic Act; or other Federal laws and regulations. (b) Notification of an application for a new grade standard shall be published in the FEDERAL REGISTER. If adopted, the grade standard shall be issued as a Program policy and contained in the NMFS Fishery Products Inspection Manual. (c) Recision and revision of a U.S. Standard for Grades will be made a Program policy amendment and con tained in the NMFS Fishery Products Inspection Manual. (d) The NMFS Fishery Products In spection Manual is available to inter ested parties. § 261.103 Basis for determination of a U.S. Standard for Grades. (a) To address the inherently distinct and dissimilar attributes found in the fishery product groups, each standard for grades should have a different scope and product description, product forms, sample sizes, definition of defects, etc. The Secretary will make the final de termination regarding the content of a U.S. Standard for Grades. (b) A proposal for a new or revised U.S. grade standard may include the following: (1) Scope and product description, which describes the products that are eligible for grading using the standard (e.g., fish portion, fish fillet). (2) Product forms, which describe the types, styles and market forms covered by the standard (e.g., skin-off, tail-on, headless). (3) Grade and inspection marks, which describe the grades and inspection mark criteria for each grade category (e.g., Grade A ≤ 15 points). (4) Grade determination, which de scribes the means by which the grade is determined (i.e., the factors rated by score points and those that are not). Standards may contain defect grouping limiting rules that contain additional provisions that must be met. (5) Sampling, which describes the method of sampling and sample unit sizes (e.g., 10 portions, 8 ounces, etc.). (6) Procedures that describe the proc ess used to determine the product grade (e.g., label declarations, sensory evaluation). (7) Definitions of defects, which outline the defects associated with the prod ucts covered by the standard, defines them, and describes the method of counting or measuring the defects. This section may provide associated defect points or reference a defect table (e.g., bruises, blood spots, bones, black spots, coating defects, 1–inch squares, percent by weight, ratios). (8) Defect point assessment, which de scribes how to assess points and pro vides any special guidance that may be necessary to the particular standard (e.g., defect points for certain cat egories are added together and divided by the weight of the sample unit; the number of instances are counted to de termine if it is slight, moderate, or ex cessive defect). (9) Tolerances for lot certification, which provide the sections from Title 50 CFR that regulate lot certification. (10) Hygiene, which specifies the sec tions of applicable Federal regulations regulating the safe, wholesome produc tion of food for human consumption. (11) Methods of analysis, which de scribe the methods of analysis that will be used in the evaluation of the prod ucts covered by the standard for grades (e.g., net weight, deglazing, debreading). (12) Defect table, which is the table of defects and associated points to be as sessed for each defect.