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§ 171.30 Process or renovated butter,

and prospective ingredients thereof, found to contain any avian animal, etc., including immature stages or parts thereof, or excrement therefrom; destruction or denaturation required.

Any butter, butter oil, milk, or other ingredient intended for use in the manufacture of process or renovated butter which, upon inspection, is found to contain any avian, reptilian, mammalian, amphibian, or piscine animal, or any cockroach, flea, louse, or fly, or any other insect or animal not specifically mentioned, including immature stages or parts thereof, or any excrement therefrom, shall be deemed to be unfit for such use. The inspector shall mark the container "U.S. Inspected and Condemned," and all of the contents of such container shall be denatured or destroyed by or under the supervision of an inspector in accordance with the provisions of § 171.34. The provisions of this section shall also apply to any churning or other lot of process or renovated butter.

§ 171.31

Process or renovated butter, and prospective ingredients thereof, found to contain any insect, or other animal, not referred to in § 171.30, including immature stages or parts thereof, or excrement therefrom; extent of destruction or denaturation required.

Any portion of any butter, butter oil, milk, or other ingredient intended for use in the manufacture of process or renovated butter which, upon inspection, is found to contain any insect, or other animal not specifically referred to in $171.30, including immature stages or parts thereof, or any excrement therefrom, shall be deemed to be unfit for such use, and such infested portion shall be removed therefrom and placed in a container marked "U. S. Inspected and Condemned," and shall be denatured or destroyed by or under the supervision of an inspector in accordance with the provisions of § 171.34. In determining the portion to be so condemned and denatured or destroyed, the following rules shall govern: (a) If the infestation is of such a local character that it may be removed and still leave a remaining portion which is unaffected, such unaffected portion may be passed for human food after the removal and the condemnation of the infested por

tion; (b) however, if the infestation is of such a general character that the complete extirpation thereof would be difficult and uncertainly accomplished, all of the contents of such container shall be condemned and denatured or destroyed as aforesaid. The provisions of this section shall also apply to any churning or other lot of process or renovated butter.

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§ 171.32 Prospective ingredients found to contain any visible mold, etc.; extent of destruction or denaturation required.

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Any portion of any butter, butter oil, milk, or other ingredient intended for use in the manufacture of process or renovated butter which, upon inspection, is found to contain any visible mold, bits of wood or metal (including scrapings), dirt, dust, or other debris, shall be deemed to be unfit for such use, and such contaminated portion shall be removed therefrom and placed in a container marked "U. S. Inspected and Condemned," and shall be denatured or destroyed, by or under the supervision of an inspector, in accordance with the provisions of § 171.34. determining the portion which shall be condemned and denatured or destroyed, the following rules shall govern: (a) If the contaminated portion is of such a local character that it may be removed and still leave a remaining portion which is unaffected, such unaffected portion may be passed for human food after the removal and condemnation of the contaminated portion; (b) however, if the contamination is of such general character that the extirpation thereof would be difficult and uncertainly accomplished, all of the contents of such container shall be condemned and denatured or destroyed as aforesaid. The provisions of this section shall also apply to any churning or other lot of process or renovated butter.

§ 171.33 Identification of process

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renovated butter, and of ingredients intended for use in its manufacture, which have passed inspection.

All butter, butter oil, milk, and other ingredients intended for use in the manufacture of process or renovated butter, or portions thereof, which, after final inspection, are not condemned, pursuant to the provisions contained in §§ 171.29, 171.30, 171.31,

or 171.32, shall be considered to be fit for such use, and the containers thereof shall be marked "U. S. Inspected and Passed." All process or renovated butter which, after final inspection, is not condemned, pursuant to the provisions contained in §§ 171.29, 171.30, 171.31 or 171.32, shall be deemed to be clean, wholesome, healthful, and otherwise fit for human food, and the containers thereof shall be marked "U. S. inspected and Passed."

§ 171.34 Destruction or denaturation of condemned process or renovated butter, and of condemned prospective ingredients.

Each lot of condemned process or renovated butter, and each lot of condemned butter, butter oil, milk, or other ingredient which was intended for use in the manufacture of process or renovated butter, shall be either destroyed or denatured, at the option of the process or renovated butter manufacturer, by or under the supervision of an inspector. Any such destruction shall be accomplished either by burning, or by dumping in a sewer, whichever method the inspector may deem to be the most expedient, practicable, and effective to accomplish the desired purpose. Any such denaturation shall be accomplished by the addition to each 100 parts of the condemned portion of either (a) three parts of rosin oil, (b) one-fourth part of pyridin, (c) four parts of aniline oil, (d) six parts of dark colored oleic acid, or (e) one and onehalf parts of kerosene, and the thorough mixing of such denaturant with such condemned portion. Every such denaturation shall be by, or under the supervision of, an inspector, and the denaturant used in each instance shall be furnished by, and at the expense of, the particular process or renovated butter manufacturer.

§ 171.35 Storage and safekeeping of any lot of process or renovated butter, and of any lot of ingredients intended for use in its manufacture pending further inspection of such lot.

If any lot of process or renovated butter, or any lot of butter, butter oil, milk, or other ingredient intended for use in the manufacture of process or renovated butter, upon inspection, does not plainly show, but is suspected of being affected with any infestation or contamination

which, under the provisions of the regulations in this part, may cause condemnation, in whole or in part, the container of such lot shall be so marked by the inspector as to preserve its identity as a suspect requiring further inspection, and it shall be placed in a separate room or rooms, which room or rooms shall be securely locked, and the keys to which shall be in the custody of an inspector. § 171.36 Reinspections.

Any process or renovated butter, even though it has previously been inspected and passed, may be reinspected by an inspector as often as he may deem it necessary to determine whether it is clean, wholesome, healthful, and otherwise fit for human food. Any butter, butter oll, milk, or other ingredient intended for use in the manufacture of process or renovated butter may, even though it has previously been inspected and passed, be reinspected by an inspector as often as he may deem it necessary to determine whether it is fit for such use. § 171.37 Ingredients must be inspected and passed prior to use in manufacturing.

No ingredient of any kind shall be used in the manufacture of process or renovated butter unless and until it has been inspected and passed for that purpose by an inspector.

MARKING, LABELING, AND BRANDING OF
PROCESS OR RENOVATED BUTTER

§ 171.38 Statutory packages.

Each package of process or renovated butter shall have legibly printed or stenciled on one of its sides the words "Process Butter," also the factory number, district, and State and the net weight, in the following manner:

Process Butter

Factory No. 2, 2d Dist., New York
Net Weight, 60 Lbs.

The words "Process Butter" shall be in bold-face gothic letters, not less than three-quarters of an inch square, and the other words and figures shall be not less than one-half an inch square. The color of such words and figures shall be in strong contrast to the color of the package. No container of bulk-packed process or renovated butter, and no container of two or more cartons or prints of process or renovated butter shall be removed from the factory unless and until each such container, as well as each

such carton or print, is stamped "U.S. Inspected and Passed" by the inspector. § 171.39 Cartons, wrappers, and other

containers.

Each of the cartons, wrappers, and other containers in which prints or rolls of process or renovated butter are placed shall be branded on one panel with the words "Process Butter" in bold-face gothic letters not less than three-eighths of an inch square. The color of such printed or stenciled words shall be in strong contrast to the color of the wrapper or carton. No other marks shall be placed on the panel of the carton, wrapper, or other container on which such words are branded, except the words "U. S. Inspected and Passed." § 171.40 Net weight requirements; pic

torial misrepresentations prohibited. Each carton, wrapper, or other container in which prints or rolls of process or renovated butter are placed, shall show the manufacturer's name and address, or the factory number, district, and State, and shall bear a plain and conspicuous statement of the net weight of the contents. Such cartons, wrappers, or other containers shall bear no pictorial, or other representation, which may create the impression that the article therein contained is other than process or renovated butter.

§ 171.41 Surface impressions.

The top surface of solid-packed process or renovated butter shall be imprinted with the words "Process Butter" in plain gothic letters not less than one-half an inch square, and such words shall be impressed at least one-eighth of an inch deep. Prints and rolls of process or renovated butter shall be similarly impressed with letters not less than three-eighths of an inch square. The surface impression may be omitted from prints and rolls of a pound unit weight, or less, if there is compliance with all other requirements.

§ 171.42 Marks, etc., requiring approval.

With the exception of shipping marks, any marks, brands, or labels, other than those prescribed by the regulations in this part, shall be approved by the Director of Division before they are used on packages, cartons, wrappers, or other containers of process or renovated but

ter. Triplicate copies of proposed new labels, cartons, or wrappers, in the form of sketches, proofs, or photographic copies, shall be transmitted through inspectors to the Director of Division for approval. After such labels, cartons, or wrappers have been printed, lithographed, or embossed in accordance with approved sketches or proofs, three of each of such labels, cartons, or wrappers shall be submitted through inspectors for final approval and filing. Stocks of packages, cartons, wrappers, or other containers shall not be acquired prior to such final approval.

§ 171.43 Evidence of approval.

Approved copies of all labels, cartons, or wrappers shall be retained in the manufacturers' registered place of business, and kept available for inspection by representatives of the United States Department of Agriculture.

PENALTIES

§ 171.44 Forgery, etc., of marks, stamps, labels, or tags.

No person shall forge, counterfeit, simulate, falsely represent, detach, or knowingly alter, deface, or destroy, or use without proper authority, any of the marks, stamps, labels, or tabs provided for in the regulations in this part for use on process or renovated butter, or on wrappers, packages, containers, or cases in which the product is contained, or any certificate in relation thereto.

§ 171.45 False or misleading statements on wrappers, labels, cartons, or containers.

No statement that is false or misleading in any particular shall be placed on or affixed to any wrapper, label, carton, or container of process or renovated butter.

§ 171.46 Transportation of process or renovated butter which has not been inspected and passed, and properly marked, labeled, and branded.

No person shall transport, or offer for transportation, or sell, or offer for sale, in interstate or foreign commerce, or in commerce affecting commerce among the States, any process or renovated butter that has not been inspected and passed, and marked, labeled, and branded in accordance with the provisions contained In the regulations in this part.

§ 171.47 Maximum penalty for violation.

Any person who violates any provision of the process or renovated butter act, including, but not limited to, any provision set forth in §§ 171.44, 171.45, or 171.46, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment of not more than six months, or by both such fine and imprisonment. REPORTS

§ 171.48 Work reports.

Reports of the work carried on in each process or renovated butter factory shall be submitted to the Division by the inspector assigned to such factory at such times, on such forms, and in such manner as may be specified by the Director of Division.

§ 171.49 Furnishing of information.

Each manufacturer of process or renovated butter shall furnish an inspector, upon request therefor, with accurate information in regard to his manufacturing operations.

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Every inspector shall report promptly to the Director of Division the facts and circumstances respecting any known or suspected violation of the process or renovated butter act, or of the regulations in this part.

WITHDRAWALS OF INSPECTIONS

§ 171.51 Withdrawals of inspections.

In any case in which the Director of Division determines that the sanitary conditions existing in any process or renovated butter factory do not meet any of the standards prescribed in §§ 171.13 to 171.28, inclusive, he shall cause inspection to be withdrawn from such factory: Provided, That, except in cases where the Director of Division determines that a violation was willful or endangered the public health or safety, no such withdrawal action shall be made effective unless and until the facts or conduct which the Director of Division believes may warrant such action have been I called to the attention of the manufacturer in writing, and such manufacturer has been accorded an adequate opportunity to demonstrate compliance with all of such standards. In any case in which

the Director of Division determines that any manufacturer of process or renovated butter has failed to comply with any provision of the regulations in this part, other than any of those set forth in §§ 171.13 to 171.28, inclusive, the Director of Division is authorized, in his discretion, to withdraw inspection from such manufacturer's factory: Provided, That, except in cases where the Director of Division determines that a violation was willful or endangered the public health or safety, no such withdrawal action shall be made effective unless and until the facts or conduct which the Director of Division believes may warrant such action have been called to the attention of the manufacturer in writing, and such manufacturer has been accorded an adequate opportunity to demonstrate or achieve compliance with all such provisions. Every such withdrawal of inspection shall remain effective for such period of time as the Director of Division may order, except that in no event shall inspection be resumed in any factory from which inspection was withdrawn for failure to meet any standard prescribed in §§ 171.13 to 171.28, inclusive, unless or until it appears, to the satisfaction of the Director of Division, that all requirements prescribed in such sections are being met.

OFFICE SPACE

§ 171.52 Furnishing of office space, etc., to inspectors.

Properly and adequately furnished office space, including light, heat, and janitor service, shall be provided, without expense to the division, for the use of inspectors.

REVIEW OF DECISIONS

§ 171.53 Review of inspector's decisions.

Any person who is dissatisfied with the decision of any inspector with respect to any matter covered in the regulations in this part may, by making written request to the Director of Division therefor, obtain a review of such decision by the Director of Division, whose decision shall be final. However, nothing contained in this section shall be construed to deny or abridge the power of the Director of Division to make decisions originally whenever he shall deem it advisable to do so, with regard to any matter covered in the regulations in this part.

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