81.300 Requirements for importation into United States; definition of United States.

81.301 Eligibility of foreign countries for importation of products into the the United States.

81.302 Imported products; foreign inspection certificates required.

81.303 Importer to make application for inspection of imported products. 81.304 Inspection of imported products. 81.305 Imported products; retention in cus

toms custody; delivery under bond; movement prior to inspection; sealing; handling; facilities and assistance.

81.306 Means of conveyance and equipment used in handling products to be maintained in sanitary condition. 81.307 Marking of products offered for importation.

Sec. 81.308 Foreign products offered for importation; reporting of findings to customs; handling of articles refused entry.

81.309 Labeling of consumer packages of product for importation.

81.310 Labeling of shipping containers of product for importation.

81.311

Small importations for consignee's personal use.

81.312 Returned United States inspected and marked products; not importations.

81.313 Imported product to be handled and transported as domestic; entry into official establishments; transportation.

81.314 Imported products; charges for storage, cartage, and labor with respect to products which are refused admission.

AUTHORITY: §§ 81.1 to 81.314 issued under sec. 14, 71 Stat. 447; 21 U. S. C. 463.

SUBPART A-GENERAL REGULATIONS SOURCE: §§ 81.1 to 81.174 appear at 23 F. R. 732, Feb. 5, 1958, except as otherwise noted. DEFINITIONS

§ 81.1 Definitions. For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall have the following meanings:

Acceptable. "Acceptable" means suitable for the purpose intended and acceptable to the Administrator.

Act. "Act" means the Poultry Products Inspection Act (71 Stat. 441.).

Administrator. "Administrator" means the Administrator of the Agricultural Marketing Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead.

Adulterated. "Adulterated" shall apply to poultry and poultry products under one or more of the following circumstances:

(1) If they bear or contain any poisonous or deleterious substance which may render them injurious to health, but, in case the substance is not an added substance, such poultry and poultry products shall not be considered adulterated under this clause if the quantity of such substance in such poultry and poultry products does not ordinarily render then injurious to health.

(2) If they bear or contain any added poisonous or added deleterious substance, unless such substance is permitted in their production or unavoidable under

good manufacturing practices as may be determined by the regulations in this part or other provisions of Federal law limiting or tolerating the quantity of such added substance on or in such poultry and poultry products: Provided, That any quantity of such added substance exceeding the limits so fixed shall also be deemed to constitute adulteration.

(3) If any substance has been substituted, wholly or in part, therefor.

(4) If damage or inferiority has been concealed in any manner.

(5) If any valuable constituent has been in whole or in part omitted or abstracted therefrom.

(6) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

Applicant. "Applicant" means any person who requests any inspection service.

Commerce. "Commerce" means commerce between any State, Territory, or possession or the District of Columbia, and any place outside thereof; or between points within the same State, or the District of Columbia, but through any place outside thereof; or within the District of Columbia, or between a designated major consuming area and any point outside thereof; or within a designated major consuming area.

Consumer package. "Consumer package" means any container in which a poultry product is enclosed for the purpose of display and sale to household consumers.

Container or package. "Container or package" includes any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover.

Department. "Department" means the United States Department of Agriculture.

Dressed poultry. "Dressed poultry" means poultry which has been slaughtered for human food with head, feet, and viscera intact and from which the blood and feathers have been removed.

Dressed poultry identification mark. "Dressed poultry identification mark" means the symbol formulated pursuant to the regulations in this part stating that the dressed poultry is eligible for further processing in official establishments under USDA inspection.

Giblets. "Giblets" means the liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed, and the gizzard from which the lining and contents have been removed: Provided, That each such organ has been properly trimmed and washed.

Immediate container. The term "immediate container" includes any consumer package; or any other container in which poultry carcasses or poultry products, not consumer packaged, are packed.

Inspected for wholesomeness. "Inspected for wholesomeness" means, with respect to any poultry product, that it has undergone an inspection and was found at the time of such inspection to be wholesome and not adulterated.

Inspection. "Inspection" means any ante mortem examination of poultry or any post-mortem inspection of dressed poultry at the time of evisceration or any inspection by an inspector to determine in accordance with the regulations in this part (1) the wholesomeness of any poultry product at any stage of the preparation or packaging thereof in the official establishment where inspected for wholesomeness, or (2) the wholesomeness of any previously inspected poultry product if such poultry product has not lost its identity as an inspected product.

Inspection service. “Inspection service" means the official service within the Department having the responsibility for carrying out the provisions of the Poultry Products Inspection Act. Inspection

service also means the activities performed, including official reporting, by such official service.

Inspector. "Inspector" means (1) an employee or official of the United States Government, authorized by the Administrator to inspect poultry and poultry products, pursuant to the regulations in this part, or (2) an employee or official of any State government, authorized by the Administrator to inspect poultry and poultry products, pursuant to the regulations in this part, under an agreement entered into between the Agricultural Marketing Service and the appropriate State agency.

Label. "Label" means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container, including but not limited to an individual consumer package of the poultry product, or accompanying such product.

Official establishment. "Official establishment" means any establishment as determined by the Administrator at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained pursuant to the regulations in this part.

Official identification. “Official identification" means the official inspection mark or the dressed poultry identification mark.

Official inspection mark. “Official inspection mark" means the symbol, formulated pursuant to the regulations in this part, stating that the poultry product was inspected.

Person. "Person" means any individual, partnership, corporation, association, or any other business unit.

Potable water. "Potable water" means water that has been approved by the State health authority or agency or laboratory acceptable to the Administrator as safe for drinking, and suitable for food processing.

Poultry. "Poultry" means any live or slaughtered domesticated bird (chickens, turkeys, ducks, geese or guineas).

Poultry food product. "Poultry food product" means any human food product consisting of any edible part or parts of poultry in combination with other ingredients unless such human food product is exempted by the Administrator.

Poultry product. "Poultry product" means any ready-to-cook poultry or any poultry food product.

Product. "Product" means dressed poultry or poultry product or both.

Ready-to-cook poultry. "Ready-tocook poultry” means any dressed poultry from which the protruding pinfeathers, vestigial feathers (hair or down as the case may be), head, shanks, crop, oil gland, trachea, esophagus, entrails, reproductive organs and lungs have been removed, and with or without the giblets, is ready to cook without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of poultry or any edible part thereof, as described in this paragraph.

Regulations. "Regulations" means the provisions of this entire part.

Secretary. "Secretary" means the Secretary of the Department, or any other officer or employee of the Department to whom there has heretofore been delegated or to whom there may hereafter be delegated, the authority to act in his stead.

Shipping container. "Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.

Slaughter. "Slaughter" means the act of killing poultry for human food in accordance with good commercial practices in a manner which will result in thorough bleeding of the carcasses. Unwholesome.

means:

"Unwholesome"

(1) Unsound, injurious to health, or otherwise rendered unfit for human food.

(2) Consisting in whole or in part of any filthy, putrid, or decomposed substance.

(3) Processed, prepared, packed, or held under unsanitary conditions whereby a poultry carcass or parts thereof or any poultry product may have become contaminated with filth or whereby a poultry product may have been rendered injurious to health.

(4) Produced in whole or in part from poultry which has died otherwise than by slaughter.

(5) Packaged in a container composed of any poisonous or deleterious substance which may render the contents injurious to health.

Wholesome. "Wholesome" means sound, healthful, clean, and otherwise fit for human food.

[23 F. R. 732, Feb. 5, 1958, as amended at 23 F. R. 9534, Dec. 10, 1958]

POULTRY PRODUCTS INSPECTION ACT

§ 81.2 Effective date. The Poultry Products Inspection Act became effective on August 28, 1957. However, no person is subject to the provisions of this act prior to January 1, 1959, unless such person, after January 1, 1958, applies for and receives inspection for poultry or poultry products pursuant to the act and the regulations in this part. Any person who voluntarily applies for and receives such inspection after January 1, 1958, shall be subject, on and after the date he commences to receive such inspection, to all of the provisions and penalties provided for in the Poultry Products Inspection Act with respect to all poultry or poultry products handled in the establishment for which said application for inspection is made.

ADMINISTRATION

§ 81.3 Administration. The Administrator shall perform, for and under the supervision of the Secretary, such duties as are prescribed in the regulations in this part and as the Secretary may require in the administration of the regulations in this part. The Administrator is authorized to waive for limited periods any particular provisions of the regulations to permit experimentation so that new procedures, equipment and processing techniques may be tested to facilitate definite improvements: Provided, That such variations from the provisions of the regulations are not in conflict with the purposes of the act. The Administrator is authorized to grant exemptions in accordance with the provisions of the act.

§ 81.4 Inspection in accordance with methods prescribed or approved. Inspection of poultry products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator.

SCOPE OF INSPECTION

§ 81.5 Inspection services available. The regulations in this part provide for inspection service pursuant to the provisions of the Poultry Products Inspection Act.

§ 81.6 Establishments requiring inspection. (a) Every establishment in which poultry is slaughtered for transportation or sale in commerce, or for

transportation from an official establishment to another official establishment, and every establishment in which poultry products are prepared for transportation or sale in commerce shall have inspection under the regulations in this part, except as expressly exempted in this part.

(b) The term "prepared" as used in this section means any operation or combination of operations, whereby poultry is eviscerated, cut up, heat treated, canned, packed, labeled, or changed in size, shape or form, and includes the combining of poultry products with other edible ingredients. It does not refer to freezing of poultry or poultry products after they have been shipped from an official establishment, except when freezing is a part of the processing operations of such establishment in which case the provisions of §§ 81.50 and 81.104 shall apply.

§ 81.7 Poultry and poultry products entering or prepared in official establishments. All poultry and poultry products processed in an official establishment shall be inspected, hardled, prepared, marked and labeled as required by the regulations in this part, and all dressed poultry and poultry products entering an official establishment shall have been inspected as required by the regulations in this part.

APPLICATION FOR SERVICE

§ 81.11 How application shall be made. The proprietor or operator of each establishment of the kind specified in § 81.6 shall make application to the Administrator for inspection service. Every application under this section shall be made on a form furnished by the Inspection Service. In cases of change of name or ownership or change of location, a new application shall be made.

§ 81.12 Filing of application. An application for inspection service shall be regarded as filed only when it has been filled in completely and signed by the applicant and has been received in the office of the Administrator.

§ 81.13 Authority of applicant. Proof of authority of any person applying for inspection service may be required at the discretion of the Administrator.

§ 81.14 Approval of application for inspection. An application for inspection service to be rendered in an official