in connection with the production of dairy products which are to be identified with official identification.

(3) All substances and ingredients used, or added, in the processing of any dairy products shall be clean and fit for human food.

(4) The methods and procedures employed in the receiving, segregating, and processing of raw materials in an official plant shall be adequate to result in a satisfactory finished product. If, to assure a satisfactory finished product, changes in methods and procedures are recommended by the regional supervisor serving the area in which the plant is located, such changes shall be effectuated as soon as practicable.

(5) Packages or containers for dairy products shall be clean when being filled with any such products; and all reasonable precautions shall be taken to avoid soiling or contaminating the surface of any package or container liner which is, or will be, in direct contact with such products.

(f) Personnel; health. (1) No person affected with any communicable disease (including, but not being limited to, tuberculosis) in a transmissible stage shall be permitted in any room or compartment where exposed or unpacked dairy products are prepared, processed or otherwise handled.

(2) Spitting or smoking is prohibited in each room and in each compartment where any exposed or unpacked dairy products are prepared, processed, or otherwise handled.

(3) All necessary precautions shall be taken to prevent the contamination of dairy products with any foreign substance (including, but not being limited to, perspiration, hair, cosmetics, and medicaments).

(g) Final inspection of dairy products. (1) Representative samples from each lot of dairy products shall be inspected or caused to be inspected for class, quality, and condition by the official resident inspector. Where laboratory analysis is required to determine class, quality, and condition, the official resident inspector will select representative samples from each lot of dairy products for such analysis.

and the rules and regulations in this part may be identified with official identification.

(2) Sketches, proofs, or photostatic copies of all proposed packaging materials, grade labels, and inspection marks to be used as official identification should be submitted to the Chief of the Dairy and Poultry Inspection and Grading Division, PMA, U. S. Department of Agriculture, Washington 25, D. C., for tentative approval prior to acquisition of a supply of material bearing such identification.

(3) Finished copies, in triplicate, of the tentatively approved packaging materials, grade labels, and inspection marks shall be transmitted to the Chief of the Dairy and Poultry Inspection and Grading Division, PMA, U. S. Department of Agriculture, Washington 25, D. C., for final approval prior to their use as official identification. [13 F. R. 6497]

Sanitary requirements.

INSPECTION OF PRODUCTS

Time of inspection in an official plant. Accessibility of product.

Evisceration.

56.39

56.40

56.41

Disposition.

Issuance of export certificates. Form.

Disposition.

56.102 56.151

INSTRUCTIONS AND FORMS

on sanitary requirements and reqirements for equipment and facilities governing plants operating as official plants processing and packaging dressed poultry and dressed domestic rabbits and edible products thereof.

Form of application for inspection. Marking of containers of inspected and certified edible products for shipment from one official plant to another official plant. AUTHORITY: §§ 56.1 to 56.151 issued under Pub. Law 712, 80th Cong.

SOURCE: §§ 56.1 to 56.151 appear at 10 F. R. 12951, except as noted following sections affected.

DEFINITIONS

§ 56.1 Meaning

of words. Words

used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case ma, demand.

§ 56.2 Terms defined. When used in this part unless otherwise distinctly expressed or manifestly incompatible with the intent thereof:

(a) "Act" means the following provisions of the Department of Agriculture Appropriation Act, 1946, approved May 5, 1945 (59 Stat. 136, 158), or any future act of Congress conferring similar authority:

For enabling the Secretary, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, boards of trade, chambers of commerce, or other associations of businessmen or trade organizations, and persons or corporations engaged in the production, transportation, marketing, and distribution of farm and food products, whether operating in one or more Jurisdictions, to investigate and certify to shippers and other interested parties the class, quality, and condition of cotton, tobacco, fruits, and vegetables, whether raw, dried, canned, or otherwise processed, poultry, butter, hay, and other perishable farm products when offered for interstate shipment or when received at such important

central markets as the Secretary may from time to time designate, or at points which may be conveniently reached therefrom under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered

(b) "This part" means the provisions hereof governing the inspection and certification of dressed poultry and dressed domestic rabbits and edible products thereof for condition and wholesomeness.

(c) "Department" means the United States Department of Agriculture.

(d) "Secretary" means the Secretary of the Department or any employee of the Department to whom the Secretary has heretofore delegated or may hereafter delegate the authority to act in his stead.

(e) "Administration" means the Production and Marketing Administration of the Department.

(f) "Assistant Administrator" means the Assistant Administrator for Regulatory and Marketing Service work of the Administration, or any employee of the Department to whom the Assistant Administrator has heretofore delegated or may hereafter delegate the authority to act in his stead.

(g) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

(h) "Interested party" means any person financially interested in a transaction involving any inspection or appeal inspection of products.

(i) "Inspector" means any employee of the Department authorized by the Secretary, or any other person to whom a license has been issued by the Secretary, to investigate and certify, in accordance with this part, to shippers of products and other interested parties the condition and wholesomeness of such products.

(j) "Inspection certificate" means a statement, either written or printed, issued by an inspector, pursuant to the act and this part, relative to the condition and wholesomeness of products.

(k) "Regional supervisor" means any regional supervisor of the Poultry Inspection Section, Dairy and Poultry Inspection and Grading Division of the Dairy Branch of the Administration, in charge of the inspection service in a designated geographical area.

(1) "Dressed poultry" means poultry which has been slaughtered for human food with head, feet, and viscera intact and from which the feathers have been removed in accordance with commercial practice.

(m) "Poultry carcass" means each bird in a quantity of dressed poultry.

(n) "Eviscerated poultry" means any dressed poultry which has been singed and from which the pin feathers, head, shanks, crop, oil gland, and all internal organs (including, but not being restricted to, the trachea, esophagus, entrails, lungs and kidneys) have been completely removed.

(o) "Edible poultry byproduct" means any edible viscera or edible part of dressed poultry other than eviscerated poultry.

(p) "Poultry food product" means any article of food or any article intended for or capable of being used as human food which is prepared or derived, in whole or in substantial and definite part, from any edible portion of dressed poultry.

(q) "Food product containing poultry product" means any article of food for human consumption which is prepared in part from any edible portion of dressed poultry, or from any product derived wholly from such edible portion, if such edible portion or product thereof does not comprise a considerable and definite portion of such article of food.

(r) "Dressed domestic rabbit" means any domestic rabbit which has been slaughtered for human food, with head, feet, and viscera intact.

(s) "Eviscerated domestic rabbit" means any dressed domestic rabbit from which the skin, head, feet, and viscera have been removed.

(t) "Edible domestic rabbit byproduct" means any edible viscera or edible part of any dressed domestic rabbit other than the eviscerated domestic rabbit.

(u) "Domestic rabbit food product" means any article of food or any article intended for or capable of being used as human food which is prepared or derived, in whole or in substantial and definite part, from any edible portion of dressed domestic rabbits.

(v) “Food product containing domestic rabbit product" means any article of food for human consumption which is prepared in part from any edible por

tion of dressed domestic rabbits or from any product derived wholly from such edible portion, if such edible portion or product thereof does not comprise a considerable and definite portion of such article of food.

one or

(w) "Product" means any more of the following: (1) dressed poultry; (2) dressed domestic rabbits; (3) eviscerated poultry; (4) eviscerated domestic rabbits; (5) edible poultry byproduct; (6) edible domestic rabbit byproduct; (7) poultry food product; and (8) domestic rabbit food product.

(x) "Edible product" means any product other than dressed poultry and dressed domestic rabbits.

(y) "Carcass" means any poultry carcass or any dressed domestic rabbit.

(z) "Inspection," "inspection service," or "inspection of products for condition and wholesomeness" means any inspection by an inspector, in accordance with this part, (1) of dressed poultry or dressed domestic rabbits to determine the soundness, wholesomeness, and fitness for human food of such product, or (2) of any edible product at any stage of the preparation or packaging of such edible product in the official plant where inspected, or (3) of any previously inspected product, if such product has not lost its identity as such inspected product, to determine whether such product is still sound and fit for human food.

one or

(aa) "Official plant" means more buildings, or parts thereof, comprising a single plant in which the facilities and methods of operation therein have been approved by the Assistant Administrator as suitable and adequate for operation under inspection and in which inspection is carried on in accordance with this part.

(bb) "Inspected and certified" means that a product has undergone an inspection and, at the time of such inspection, was found to be sound, wholesome, and fit for human food.

[10 F. R. 12951 as amended at 13 F. R. 4181]

ADMINISTRATION

§ 56.3 Authority. The Assistant Administrator shall perform, for and under the supervision of the Secretary, such duties as the Secretary may require in the enforcement or administration of the provisions of the act and this part.

INSPECTION SERVICE

§ 56.4 Kind of service. Any inspection of products made in accordance with this part shall be for condition and wholesomeness.

§ 56.5 Where inspection is offered. Products may be inspected wherever an inspector is available and the facilities and conditions are satisfactory for the conduct of an inspection.

APPLICATION FOR INSPECTION

§ 56.6 Who may obtain inspection service. An application for inspection may be made by any interested party, including, but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing.

§ 56.7 How to make application. An application for inspection must be made in writing and filed with the Assistant Administrator.

§ 56.8 Form of application. Each application for inspection shall include such information as may be required by the Assistant Administrator in regard to the products and the premises where such products are to be inspected.

§ 56.9 When application may be rejected. Any application for inspection may be rejected by the Assistant Administrator for any noncompliance, by the applicant, with the act or this part and such applicant shall be immediately notified of the reasons for such rejection.

§ 56.10 When application may be withdrawn. An application for inspection may be withdrawn at any time before inspection service is performed upon payment by the applicant of all expenses incurred by the Administration in connection with such application.

§ 56.11 Authority of applicant. Proof of the authority of any person applying for inspection may be required in the discretion of the Assistant Administrator.

§ 56.12 Granting of application. An application for inspection may be approved only when the Assistant Administrator determines that the facilities available and the methods employed are suitable and adequate for such inspection.

BASIS OF INSPECTION

§ 56.13 Conditions prerequsite to inspection. (a) Inspection of products shall be made pursuant to this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Assistant Administrator.

(b) Ante-mortem examination of poultry and domestic rabbits may be required by the Assistant Administrator as a prerequisite to any inspection; and such ante-mortem examination shall be carried out under such conditions and in accordance with such methods as may be prescribed or approved by the Assistant Administrator.

§ 56.14 Sanitary requirements. Inspection of products for condition and wholesomeness shall be made only where such sanitary conditions as the Assistant Administrator may require are maintained.

§ 56.15 Meat inspection regulations applicable. Any provisions of the meat inspection regulations (9 CFR 1.1 et seq.), as amended, of the Department which the Assistant Administrator determines to be applicable to products shall be enforced in connection with inspections pursuant to the act and this part.

INSPECTION OF PRODUCTS

§ 56.16 Time of inspection in an official plant. The inspector who is to perform any inspection in an official plant shall be informed, in advance, of the hours when inspection will be required. Unless otherwise permitted by the Assistant Administrator, no product may be prepared or handled in an official plant except in such manner as may be prescribed by the Assistant Administrator and under the supervision of an inspector.

§ 56.17 Accessibility of product. Each product for which inspection is requested shall be made accessible for inspection and shall be so placed as fully to disclose its condition.

§ 56.18 Evisceration. No viscera or any part thereof shall be removed from any dressed poultry or dressed domestic rabbits in any official plant, except at the time of evisceration and inspection. Each carcass to be eviscerated shall be opened so as to expose the organs and the body cavities for proper examination by the inspector and shall be prepared

immediately after inspection as eviscerated poultry or eviscerated domestic rabbits. If a carcass is frozen, it shall be thoroughly thawed before being opened for examination by the inspector. Each carcass, or all parts comprising such carcass, shall be examined by the inspector: Provided, That the Assistant Administrator may, whenever he deems it advisable and under such conditions as he may prescribe, authorize the removal, from such carcass or parts, as aforesaid, of any part thereof prior to such inspection if such part will not be used in the preparation of any edible product.

[10 F. R. 12951 as amended at 13 F.R. 1]

§ 56.19 Certification of carcasses. Each carcass and all parts and organs thereof which are found by the inspector to be sound, wholesome, and fit for human food shall be certified as provided in this part.

§ 56.20 Condemnation and treatment of carcasses. Each carcass, or any part thereof, which is found to be unsound, unwholesome, or otherwise unfit for human food shall be condemned by the inspector and shall receive such treatment, under the supervision of the inspector, as will prevent its use for human food and preclude dissemination of disease through consumption by animals.

§ 56.21 Carcasses held for further examination. Each carcass, including all parts thereof, in which any lesion of disease, or other condition, which might render such carcass or any part thereof unfit for human food, and with respect to which a final decision can not be made on first examination by the inspector, shall be held for further inspection. The identity of each such carcass, including all parts thereof, shall be maintained until a final examination has been completed and such carcass, and the parts thereof, are certified or condemned.

§ 56.22 Identification labels. An inspector may use such labels, devices, and methods as may be approved by the Assistant Administrator (a) for the identification of products which are to be held for further inspection, and (b) for identification of equipment and utensils which are to be held for proper cleaning.

§ 56.23 Uninspected product may not be handled in any official plant; reinspection of products. (a) All dressed