tained from Technical Services, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250.

(d) The Administrator may disapprove for use in official establishments particular models of equipment or utensils that he finds do not meet the requirements of paragraph (a) of this section or that he cannot evaluate because of lack of sufficient information. Further, he may prescribe such conditions for the use of particular models of equipment or utensils, either on a trial or permanent basis, as he finds necessary to prevent adulteration or misbranding of product.

(e) Nothing in this section shall affect the authority of Program inspectors to reject specific equipment or utensils under § 308.15 of the regulations in this subchapter.

(f) Before approval of any model or specific item of equipment or utensil is finally denied, or is granted only with conditions, the applicant shall be given notice and opportunity to present his views to the Administrator. If the applicant does not accept the Administrator's determination, a hearing in accordance with the applicable rules of practice will be held to resolve such dispute. This shall not preclude rejection of the equipment or utensils under § 308.15 or this section pending the outcome of the presentation of views or hearing.

(g) New or replacement equipment or machinery (including any replacement parts) brought onto the premises of any official establishment shall not contain liquid polychlorinated biphenyls (PCBs) in concentrations above 50 parts per million by weight of the liquid medium. This provision applies to both food processing and nonfood processing equipment and machinery, and any replacement parts for such equipment and machinery. Totally enclosed capacitors containing less than 3 pounds of PCBs are exempted from this prohibition.

(Secs. 5, 8, and 21, 34 Stat. 1260, as amended, 21 U.S.C. 605, 608, and 621; 42 FR 35625, 35626)

[40 FR 25439, June 16, 1975, as amended at 40 FR 60053, Dec. 31, 1975; 45 FR 68918, Oct. 17, 1980]

§ 308.6 Scabbards for knives.

Scabbards and similar devices for the temporary retention of knives, steels, triers, etc., by workers and others at official establishments shall be constructed of rust-resisting metal or other impervious material, shall be of a type that may be readily cleaned, and shall be kept clean.

§ 308.7 Rooms, compartments, etc., to be clean and sanitary.

Rooms, compartments, places, equipment, and utensils used for preparing, storing, or otherwise handling any product, and all other parts of the establishment, shall be kept clean and in sanitary condition. There shall be no handling or storing of materials which create an objectionable condition in rooms, compartments, or places where any product is prepared, stored, or otherwise handled.

§ 308.8 Operations, procedures, rooms, clothing, utensils, etc., to be clean and sanitary.

(a) Operations and procedures involving the preparation, storing, or handling of any product shall be strictly in accord with clean and sanitary methods.

(b) Rooms and compartments in which inspections are made and those in which livestock are slaughtered or any product is prepared shall be kept sufficiently free of steam and vapors to enable Program employees to make inspections and to insure clean operations. The walls, ceilings, and overhead structure of rooms and compartments in which product is prepared, handled, or stored shall be kept reasonably free from moisture to prevent dripping and contamination of product.

(c) Butchers and others who dress or handle diseased carcasses or parts shall, before handling or dressing other carcasses or parts, cleanse their hands with liquid soap and hot water, and rinse them in clean water. Implements used in dressing diseased carcasses shall be thoroughly cleansed with hot water having a minimum temperature of 180° F. or in a disinfec

tant2 approved by the Administrator, followed by rinsing in clean water. The employees of the establishment who handle any product shall keep their hands clean, and in all cases after visting the toilet rooms or urinals shall wash their hands before handling any product or implements used in the preparation of product.

(d) Aprons, frocks, and other outer clothing worn by persons who handle any product shall be of material that s readily cleansed. Clean garments shall be worn at the start of each working day and the garments shall be changed during the day when required by the inspector in charge.

(e) Such practices as spitting on whetstones; spitting on the floor; placng skewers, tags, or knives in the mouth; inflating lungs or casings with air from the mouth; or testing with air from the mouth such receptacles as tierces, kegs, or casks, containing or intended as containers of any product, are prohibited. Only mechanical means may be used for such testing. Care shall be taken to prevent the contamination of product with perspiration, hair, cosmetics, medications, and similar substances.

(f) Equipment or substances which generate gases or odors shall not be used in official establishments except as permitted by the regulations in this part or by the circuit supervisor in specific cases in which he determines that such use will not result in adulteration of any product.

$308.9 Protective handling of products.

Products shall be protected from contamination from any source such as dust, dirt, or insects during storage, loading, or unloading at and transportation from official establishments.

§ 308.10 Slack barrels and similar containers and means of conveyance used for product; paper in contact with product. (a) When necessary to avoid contamination of product with wood splinters

or similar contaminants,

'A list of approved disinfectants is available upon request to the Scientific Services, Meat and Poultry Inspection, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250.

slack barrels and similar containers and the cargo space of trucks, railroad cars, or other means of conveyance shall be lined with suitable material of good quality before packing.

(b) Slack barrels and similar containers and trucks, railroad cars, and other means of conveyance in which any product is transported shall be kept in a clean and sanitary condition.

(c) Paper used for covering or lining slack barrels and similar containers and the cargo space of trucks, railroad cars, or other means of conveyance shall be of a kind which does not tear during use but remains intact when moistened by the product and does not disintegrate.

§ 308.11 Burlap wrapping for meat.

Since burlap used without any other material as a wrapping for meat deposits lint on the meat and does not sufficiently protect it from outside contamination, the use of burlap as a wrapping for meat will not be permitted unless the meat is first wrapped with a good grade of paper or cloth of a kind which will prevent contamination with lint or other foreign matter. § 308.12 Second-hand tubs, barrels, and other containers.

Second-hand tubs, barrels, and boxes intended for use as containers of any product shall be inspected when received at the official establishment and before they are cleaned. Those showing evidence of misuse rendering them unfit to serve as containers for food products shall be rejected. The use of those showing no evidence of previous misuse may be allowed after they have been thoroughly and properly cleaned. Steaming, after thorough scrubbing and rinsing, is essential to cleaning tubs and barrels.

[35 FR 15561, Oct. 3, 1970, as amended at 38 FR 29214, Oct. 23, 1973; 41 FR 23700, June 11, 1976]

§ 308.13 Inedible operating and storage rooms; outer premises, docks, driveways, approaches, pens, alleys, etc.; flybreeding material; other conditions. All operating and storage rooms and departments of official establishments used for inedible materials shall be

maintained in acceptably clean condition. The outer premises of every official establishment, including docks and areas where cars and vehicles are loaded, and the driveways, approaches, yards, pens, and alleys, shall be properly paved and drained and kept in clean and orderly condition. All catch basins on the premises shall be of such construction and location and shall be given such attention as will insure their being kept in acceptable condition as regards odors and cleanliness. Catch basins shall not be located in departments where any product is prepared, handled, or stored. The accumulation on the premises of official establishments of any material in which flies may breed, such as hog hair, bones, paunch contents, manure, is forbidden. No other conditions that may result in adulteration of product or interfere with inspection shall be allowed in any official establishment or on its premises.

or

§ 308.14 Employment of diseased persons. No operator of an official establishment or other person preparing product in an official establishment shall employ, in any department where any product is handled or prepared, any person showing evidence of a communicable disease in a transmissible stage, or known to be a carrier of such a disease, or while affected with boils, sores, infected wounds, or other abnormal sources of microbiological contaminants.

§ 308.15 Tagging insanitary equipment, utensils, rooms or compartments. When, in the opinion of a Program employee, any equipment, utensil, room, or compartment at an official establishment is unclean or its use would be in violation of any of the regulations in this subchapter, he will attach a "U.S. Rejected" tag thereto. No equipment, utensil, room, or compartment so tagged shall again be used until made acceptable. Such tag so attached shall not be removed by anyone other than а Program employee.

Sec.

PART 309-ANTE-MORTEM INSPECTION

309.1 Ante-mortem inspection in pens of

official establishments.

309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on postmortem inspection or otherwise. 309.3 Dead, dying, disabled, or diseased and similar livestock.

309.4 Livestock showing symptoms of certain metabolic, toxic, nervous, or circulatory disturbances, nutritional imbal ances, or infectious or parasitic diseases. 309.5 Swine; disposal because of hog chol

era.

309.6 Epithelioma of the eye. 309.7 Livestock affected with anthrax; cleaning and disinfection of infected livestock pens and driveways.

309.8 Cattle affected with anasarca and generalized edema.

309.9 Swine erysipelas.

309.10 Onset of parturition. 309.11 Vaccine livestock.

309.12 Emergency slaughter; inspection prior to.

309.13 Disposition of condemned livestock. 309.14 Brucellosis-reactor goats. 309.15 Vesicular diseases. 309.16 Livestock suspected of having biological residues.

309.17 Livestock used for research. 309.18 Official marks and devices for purposes of ante-mortem inspection.

AUTHORITY: Secs. 4 and 21, 34 Stat. 1260, 1264, as amended; 81 Stat. 584, 588, 592, 593, 21 U.S.C 603, 604, 621; 42 FR 35625, 35626, 35631.

SOURCE: 35 FR 15563, Oct. 3, 1970, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes affecting this Part 309 appear at 37 FR 7311, Apr. 13, 1972; 37 FR 15368, Aug. 1, 1972.

(b) Such ante-mortem inspection shall be made in pens on the premises of the establishment at which the livestock are offered for slaughter before the livestock shall be allowed to enter into any department of the establishment where they are to be slaughtered or dressed or in which edible products I are handled. When the holding pens = of an official establishment are locat

ed in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for compliance with all requirements of the regulations in this subchapter with respect to such pens.

§ 309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or otherwise.

(a) Any livestock which, on antemortem inspection, do not clearly show, but are suspected of being affected with any disease or condition that, under Part 311 of this subchapter, may cause condemnation of the carcass on post-mortem inspection, and any livestock which show, on #ante-mortem inspection, any disease or condition that, under Part 311 of this 4 subchapter would cause condemnation of only part of the carcass on postmortem inspection, shall be so handled as to retain its identity as a sus'pect until it is given final post-mortem inspection, when the carcass shall be marked and disposed of as provided in Parts 310 and 311 of this subchapter, or until it is disposed of as otherwise provided in this part.

(b) All seriously crippled animals and animals commonly termed "downers," shall be identified as U.S. Suspects and disposed of as provided in § 311.1 of this subchapter unless they are required to be classed as condemned under § 309.3.

(c) Livestock which have reacted to a test for leptospirosis, or anaplasmosis, but which show no symptoms of the disease, shall be identified as U.S. Suspects and disposed of as provided in § 311.10 of this subchapter.

(d) Livestock which are known to have reacted to the tuberculin test shall be identified as U.S. Suspects and disposed of as provided in § 311.2 of this subchapter, except that livestock bearing an official "USDA Reactor" or similar State reactor tag shall not be tagged as U.S. Suspects.

(e) Any cattle found on ante-mortem inspection to be affected with epithelioma of the eye or of the orbital region to a lesser extent than as described in § 309.6 shall be identified as a U.S. Suspect and disposed of as provided in § 311.12 of this subchapter.

(f) Cattle found on ante-mortem inspection to be affected with anasarca to a lesser extent than as described in § 309.8 shall be identified as U.S. Suspects and disposed of as provided in § 311.8 of this subchapter or paragraph (g) of this section.

(g) Any livestock suspected of being affected with anasarca may be set apart and held for treatment under Program or other responsible official supervision approved by the area supervisor. If at the expiration of the treatment period the livestock upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as U.S. Suspect and disposed of as provided in § 311.8 of this subchapter or condemned and disposed of as provided in § 309.8, whichever is appropriate.

(h) All hogs suspected on antemortem inspection of being affected with swine erysipelas shall be identified as U.S. Suspects and disposed of as provided in § 311.5 of this subchapter or paragraph (i) of this section.

(i) A hog suspected of being affected with swine erysipelas may be set apart and held for treatment under Program or other responsible official supervision approved by the area supervisor. If at the expiration of the treatment period the animal upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as U.S. Suspect and disposed of as provided in § 311.5 of this subchapter, or condemned and disposed of as provided in § 309.13, whichever is appropriate.

maintained in acceptably clean condition. The outer premises of every official establishment, including docks and areas where cars and vehicles are loaded, and the driveways, approaches, yards, pens, and alleys, shall be properly paved and drained and kept in clean and orderly condition. All catch basins on the premises shall be of such construction and location and shall be given such attention as will insure their being kept in acceptable condition as regards odors and cleanliness. Catch basins shall not be located in departments where any product is prepared, handled, or stored. The accumulation on the premises of official establishments of any material in which flies may breed, such as hog hair, bones, paunch contents, manure, is forbidden. No other conditions that may result in adulteration of product or interfere with inspection shall be allowed in any official establishment or on its premises.

or

§ 308.14 Employment of diseased persons. No operator of an official establishment or other person preparing product in an official establishment shall employ, in any department where any product is handled or prepared, any person showing evidence of a communicable disease in a transmissible stage, or known to be a carrier of such a disease, or while affected with boils, sores, infected wounds, or other abnormal sources of microbiological contaminants.

§ 308.15 Tagging insanitary equipment, utensils, rooms or compartments.

When, in the opinion of a Program employee, any equipment, utensil, room, or compartment at an official establishment is unclean or its use would be in violation of any of the regulations in this subchapter, he will attach a "U.S. Rejected" tag thereto. No equipment, utensil, room, or compartment so tagged shall again be used until made acceptable. Such tag so attached shall not be removed by anyone other than а Program employee.

309.12 Emergency slaughter; inspection prior to.

309.13 Disposition of condemned livestock. 309.14 Brucellosis-reactor goats. 309.15 Vesicular diseases.

309.16 Livestock suspected of having biological residues.

309.17 Livestock used for research. 309.18 Official marks and devices for purposes of ante-mortem inspection.

AUTHORITY: Secs. 4 and 21, 34 Stat. 1260, 1264, as amended; 81 Stat. 584, 588, 592, 593, 21 U.S.C 603, 604, 621; 42 FR 35625, 35626, 35631.

SOURCE: 35 FR 15563, Oct. 3, 1970, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes affecting this Part 309 appear at 37 FR 7311, Apr. 13, 1972; 37 FR 15368, Aug. 1, 1972.

§ 309.1 Ante-mortem inspection in pens of official establishments.

(a) All livestock offered for slaughter in an official establishment shall be examined and inspected on the day of and before slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Administrator have been made in specific cases by the circuit supervisor for such examination and inspection to be made on a different day before slaughter.