except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.

(ff) Processing. Drying, curing, smoking, cooking, seasoning, or flavoring or any combination of such processes, with or without fabricating.

(gg) Fabricating. Cutting into wholesale or retail cuts, or dicing or grinding. (hh) Immediate container. The car

ton, can, pot, tin, casing, wrapper, or other receptacle or covering constituting the basic unit in which products are directly contained or wrapped when packed in the customary manner for delivery to the meat trade or to con

sumers.

(ii) Shipping container. The receptacle or covering in which one or more immediate containers of products are packed for transportation.

(jj) Cooperative agreement. A cooperative agreement between the Consumer and Marketing Service and another Federal agency or a State agency, or other agency, organization or person as specified in the Agricultural Marketing Act of 1946, as amended, for conducting the service.

(kk) Federal meat inspection. The meat inspection system conducted under the Federal Meat Inspection Act, as amended by the Wholesome Meat Act (21 U.S.C. 601 et seq.) and the regulations thereunder (9 CFR Chapter III, Subchapter A).

(11) Livestock. Bovine, ovine, porcine. (mm) Cutability (yield) grade. The designation related to the quantity of trimmed, boneless, major retail cuts to be derived from the carcass or wholesale cuts-rounds, loins, ribs, and chucksreferred to as cutability in Subpart B of this part.

(nn) Quality grade. An important commercial subdivision of livestock or meat based on separate evaluations of two general considerations: (1) The quality or the palatability-indicating characteristics of lean and (2) the conformation of the carcass or primal cut.

(00) Legal holiday. Those days designated by Federal statute, Executive order, Proclamation, or other days on which the Department requires that graders be paid holiday pay.

[24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965; 34 F.R. 19337, Dec. 6, 1969]

§ 53.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203 (h) of the Agricultural Marketing Act of 1946, as amended by Public Law 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified:

(a) "Official certificate" means any form of certification, either written or printed, including that prescribed in § 53.16, used under the regulations to certify with respect to the inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of livestock or products with applicable specifications).

(b) "Official memorandum" means any initial record of findings made by an authorized person in the process of grading, determining compliance, inspecting, or sampling pursuant to the regulations, any processing or plantoperation report made by an authorized person in connection with grading, determining compliance, inspecting, or sampling under the regulations, and any report made by an authorized person of services performed pursuant to the regulations.

(c) "Official mark" or "other official identification" means any form of mark or other identification, including those prescribed in § 53.19, used under the regulations in marking any products, or the immediate or shipping containers thereof, to show inspection, class, grade, quality, size, quantity, or condition of the products (including the compliance of products with applicable specifications), or to maintain the identity of products for which service is provided under the regulations.

(d) "Official device" means any roller, stamp, brand or other device used under the regulations to mark any products, or the immediate or shipping containers,

Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the class, grade, or other quality of livestock or products under applicable standards in Subpart B of this part. Class, grade, and other quality may be determined under said standards for livestock or meat of cattle, sheep, or swine in carcass form or for wholesale cuts of such meat, other than pork wholesale cuts. Acceptance service under the regulations shall consist of the determination of the conformity of livestock or products to specifications approved by the Director or Chief and the certification and other identification of such livestock or products in accordance with the specifications, upon request by the applicant. Determination as to compliance with specifications for ingredient content or method of preparation may be based upon information received from the inspection system having jurisdiction over the products involved.

[30 F.R. 4157, Mar. 31, 1965]

§ 53.5 Availability of service.

Service under the regulations may be made available under a cooperative agreement with respect to livestock or products shipped or received in interstate commerce, and with respect to livestock or products not so shipped or received if the Director or Chief determines that the furnishing of service for such livestock or products would facilitate the marketing, distribution, processing, or utilization of agricultural products through commercial channels. Subject to § 53.6(a) (1) (iv), service will be fur

nished for products only if they were derived from animals slaughtered in accordance with Federal meat inspection requirements, or at establishments recognized under § 53.7 and operated under some official meat inspection system recognized under § 53.6, and if any processing and fabricating of the products were done in accordance with such requirements or at such establishments. Service under the regulations will be furnished for imported meat only if it is marked in a manner approved by the Chief to show the name of the country of origin on each wholesale cut in such a way that the name of the country of origin appears on most of the major retail cuts. The mark of foreign origin shall be imprinted by roller brand or hand stamp and shall be applied so that the imprint is at least 2 inches from the backbone of lamb, 3 inches from the backbone of veal and calf, and 4 inches from the backbone of beef carcasses. The mark of foreign origin shall be repeated parallel to the backbone of the carcass so as to appear on each round, rump, full loin, rib, and chuck of each bovine and ovine carcass, in letters at least one-fourth of an inch high, but not more than one-half of an inch high, with no more than three-fourths of an inch space between each impression. Imprints of each such brand shall be submitted to the Chief for approval prior to use of the brand on meats offered for Federal grading. It shall be the responsibility of the applicant to notify the meat grader performing the service whenever imported meat is offered for grading.

[30 F.R. 4157, Mar. 31, 1965] § 53.6

Recognition of non-Federal meat inspection systems; withdrawal of recognition.

(a) Conditions of recognition. NonFederal meat inspection systems will be recognized by the Chief for the purpose of § 53.5 only if they are established under the authority of laws, ordinances, or similar provisions of a State, county, city, or other political subdivision; if the inspection is conducted by qualified inspectors who are veterinarians (or who are supervised by qualified veterinarians), who are employed, assigned, and paid for their work as such inspectors, only by an agency of the State, county, city or other political subdivision conducting the meat inspection service, and

who perform no work in or for an establishment operated under the meat inspection system other than in their official capacities; if such laws, ordinances or similar provisions are consistent with the following applicable requirements; if such meat inspection systems are willing to enforce such requirements with respect to the establishments under their jurisdiction applying for recognition under § 53.7; and if such requirements are enforced in a manner satisfactory to the Chief:

(1) Requirements for slaughtering establishments. The following requirements shall be applicable to establishments where any animals are slaughtered for preparation as products for which grading or acceptance service is desired under the regulations:

(i) Except as provided in (iv) and (v) the inspection of slaughtering operations shall include ante-mortem and postmortem inspections.

(ii) Ante-mortem inspection of each animal shall be made immediately prior to slaughter for the purpose of eliminating all unfit animals and segregating, for more thorough examination, all animals suspected of being affected with a condition which might influence their disposition on post-mortem inspection. The unfit animals shall not be permitted to enter the slaughtering department of the establishment, and the suspected animals shall not be permitted to enter the slaughtering department until they have been found by veterinary inspection to be fit for slaughter. The suspected animals that are permitted to be slaughtered shall be handled separately and apart from the regular kill and shall be given a special post-mortem examination.

(iii) The post-mortem examination shall be made at the time the animals are slaughtered. The inspectors shall examine the cervical lymph glands, the skeletal lymph glands, the viscera and organs with their lymph glands, and all exposed surfaces of the carcasses of all animals. Such examination shall be conducted in the slaughtering department of the establishment (at the time of evisceration) during the slaughtering operations and shall not be conducted on a spot-check basis.

(iv) Carcasses of cattle, sheep, swine, and goats, slaughtered by a farmer on the farm, may be received for inspection at recognized establishments where there

is a veterinary meat inspector, if the head and all viscera other than the stomach, bladder, and intestines of such carcasses are held by the natural attachments. Every such carcass shall be given a thorough post-mortem examination. If, on inspection of any such carcass, there is found any lesion or other condition indicating that the animal was diseased, the carcass shall be condemned and disposed of as provided in subdivision (vi) of this subparagraph. If on inspection the carcass is found to be free from disease and otherwise fit for human food, it may be passed for food purposes.

(v) When it is necessary for humane reasons to slaughter an injured animal at night or on Sunday or a holiday when the inspector cannot be obtained, the carcass and all parts shall be kept for inspection, with the head and all viscera except the stomach, bladder, and intestines held by the natural attachments. If all parts are not so kept for inspection, the carcass shall be condemned. If an inspection of a carcass slaughtered in the absence of an inspector any lesion or other condition is found indicating that the animal was diseased, or if there is lacking evidence of the condition which rendered emergency slaughter necessary, the carcass shall be condemned and disposed of as provided in subdivision (vi) of this subparagraph. Otherwise the carcass may be passed for food purposes if on inspection it is found to be fit for human consumption.

(vi) All carcasses and parts of carcasses, including the viscera, found to be diseased or otherwise unfit for human food shall be condemned and removed from the slaughtering department of the establishment in equipment designated for the purpose and shall be destroyed for food purposes under the supervision of an inspector. The disposition of all such carcasses and parts thereof, including the viscera, shall be under the control of a veterinary inspector.

(vii) Each carcass and part thereof which has been inspected and passed shall be marked at the time of inspection with a mark assigned by and identifying the State, county, city, or other political subdivision. Such marking shall be done under the supervision of the inspector and the marking device shall be in the custody of the inspector at all times.

(2) Requirements for processing establishments. The following require

ments shall be applicable to establishments processing products for which acceptance service is desired under the regulations. At least daily inspection shall be made at each establishment to assure:

(i) That all processing operations are being conducted in a clean and sanitary

manner;

(ii) That all products processed are clean and wholesome;

(iii) That products processed or fabricated, or derived from animals slaughtered, at plants in the United States that are not federally inspected or approved by the Chief are not permitted to enter the establishment, except as provided in paragraph (a) (1) (iv) of this section;

(iv) That the inspectors shall be able to certify to the Consumer and Marketing Service the ingredient content and the manner of preparation of all products processed. In addition, the requirements of subparagraph (1) of this paragraph shall be applicable to establishments within this subparagraph which also conduct slaughtering operations whether or not the products processed at such establishments are derived from the animals slaughtered.

(3) Requirements for fabricating establishments. Establishments fabricating products for which grading or acceptance service is desired under the regulations shall meet the requirements of subparagraph (4) of this paragraph. (4) General requirements for all establishments and premises. The following requirements shall be applicable to all establishments within subparagraph (1), (2), or (3) of this paragraph.

(i) The establishment as a whole and its facilities shall be well constructed, properly fitted and equipped for the purpose used, and so maintained that all products prepared therein will be clean and otherwise sound, healthful, wholesome, and fit for human food. The floors of the establishment shall be smooth and impervious and sloped so as to drain freely and rapidly to sewer connections. Walls and pillars in the slaughtering department, if any, must be tight, smooth, and free from crevices. All parts of the slaughtering department, if any, and other departments of the establishment in which products are processed, fabricated, or otherwise handled or stored shall be kept clean, and all of the operations in such departments

shall be conducted in a clean and sanitary manner. Facilities shall be provided for the cleaning and sterilization of tools, utensils, and other equipment. All equipment used in the establishment shall be made of such materials and be so constructed as to be readily and thoroughly cleaned and shall be kept clean and in a sanitary condition. Contaminated equipment shall be promptly cleaned and sterilized. Rooms used for condemned products, inedible offal, hides, and other materials and supplies likely to contaminate products or render products inedible shall be completely partitioned from edible product departments, except for one aperture to the slaughtering department if there is one. This aperture shall be equipped with a close-fitting door and shall be of sufficient size to allow ready and free passage of materials designated as unfit for human food and all equipment used therewith.

(ii) Drainage and sewage disposal shall be adequate to maintain the establishment and premises in a sanitary condition.

(iii) Ventilation shall be sufficient to insure that the atmosphere in rooms where products are kept is free from obnoxious odors emanating from inedible product tanks, offal rooms, catch basins, toilet rooms, hide cellars, refuse heaps, livestock pens, and similar sources. Lighting shall be adequately maintained in all rooms of the establishment.

(iv) The establishment shall be provided with ample supplies of potable hot and cold water and steam, with outlets conveniently located and equipped with faucets for hose connections, for ready use during slaughtering, processing, or fabricating operations and for cleaning. Wash basins equipped with running hot and cold water, soap, and towels shall be placed in or near the dressing rooms and at such other places in the establishments as may be necessary to insure cleanliness of all persons handling products. Water for sterilizing purposes shall be maintained at a temperature of at least 180° F.

(v) Toilet rooms shall not communicate directly with any room in which animals are killed or products are processed, fabricated, otherwise handled, or stored. Dressing room facilities shall be adequate in size, convenient, equipped properly, and kept clean.

11

(vi) All departments in the establishment shall have adequate protection against flies, rodents, and other vermin. However, the use of poisons for any purpose in rooms or compartments where any unpacked products are processed, fabricated, otherwise handled, or stored is forbidden except under such restrictions and precautions as the chief veterinary inspector in charge of inspection at the establishment may require. Socalled rat viruses shall not be used in any part of the establishment or its premises.

(vii) Barnyards stock pens, runways, unloading docks, and other facilities appurtenant to the establishment shall be keep clean. No nuisance shall be allowed on the premises, such as fly breeding places, dead stock, rat or cockroach infestation, rubbish heaps, decomposing animal material, polluted water supply, or insanitary drainage disposal.

(b) Withdrawal of recognition. The Chief may at any time, without hearing, withdraw the recognition of any nonfederal meat inspection system recognized under paragraph (a) of this section if he finds that the laws, ordinances or similar enactments authorizing the system are not consistent with the applicable requirements prescribed in said paragraph or that the system has failed to take reasonable measures to assure that the applicable requirements are enforced in every respect in a satisfactory manner at each establishment recognized under § 53.7. Upon such withdrawal the recognition under § 53.7 of all establishments operating under said system shall be automatically terminated.

§ 53.7 Survey and recognition of nonfederally inspected establishments; withdrawal of recognition.

(b) Withdrawal or recognition. (1) The Chief may at any time, without hearing, withdraw his recognition of any nonfederally inspected establishment when he finds that the operator of the establishment or any other person conducting slaughtering, processing, or fabricating operations at the establishment has failed to comply with the applicable requirements under § 53.6. Recognition will not be restored to such establishment until it has been demonstrated for at least 30 days after application is made for reinstatement of the recognition of such establishment that the establishment is being operated in accordance with the applicable requirements under § 53.6. For each subsequent withdrawal of recognition under this subparagraph, the minimum period of withholding of recognition shall be the same as the prior period of withholding, plus an additional 30 days.

(2) The Chief may at any time, without hearing, withdraw his recognition of any nonfederally inspected establishment when he finds that, for a period of 60 consecutive days, no request has been made for service for products prepared at such establishment.

When..

(c) Resurvey requirements. ever recognition of an establishment is terminated or withdrawn under § 53.6 or this section, or service at a recognized establishment is denied or withdrawn under § 53.13(a), a resurvey of the establishment under paragraph (a) of this section may be required before restoration of recognition or service.

§ 53.8 How to obtain service.

(a) Application. Any person may apply to the Director or Chief for service under the regulations with respect to livestock or products in which the applicant is financially interested. The application shall be made on a form approved by the Director, and if the service is intended to be furnished with respect to products processed or fabricated, or derived from animals slaughtered at a nonfederally inspected establishment in the United States, the application shall also include such other form as is approved by the Director for purposes of determining the eligibility of such establishment for recognition under § 53.7. If such nonfederally inspected establishment