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termine the amount of bond needed (f) Investigative employees. All emunder such paragraph; and perform all ployees of the Packers and Stockyards acts, functions, and duties with respect Administration assigned to or responto the investigation and disposition of sible for investigations in the enforceinformal complaints for reparation as ment of the Packers and Stockyards prescribed in § 202.104 of this chapter Act, 1921, as amended (7 U.S.C. 181 et and to arrange for the service of docu- seq.) or the enforcement of the Truthments and perform all other acts,

in-Lending Act (15 U.S.C. 1601-1665) functions, and duties of the Adminis- with respect to any activities subject trator and Administration pre

to the Packers and Stockyards Act, scribed in $8 202.104 through 202.108 1921, as amended or any other Act of this chapter.

with respect to any civil defense or de(3) The Chief of the Poultry Branch

fense mobilization activities assigned of the Packer and Poultry Division is

to the Administration, are hereby indihereby delegated authority to perform

vidually delegated authority under the all acts, functions, and duties of the

Act of January 31, 1925, 43 Stat. 803, 7 Director of said Division with respect

U.S.C. 2217, to administer to or take to issuing of licenses pursuant to the

from any person an oath, affirmation, provisions of section 502(b) of the

or affidavit whenever such oath, affirPackers and Stockyards Act,

mation, or affidavit is for use in any

as amended (7 U.S.C. 218a(b)).

prosecution or proceeding under or in

the enforcement of the aforemen(d) (Reserved)

tioned Acts. This authority may not be (e) Regional Supervisors. (1) The

redelegated and will automatically Regional Supervisors of the Packers and Stockyards Administration are

expire upon the termination of the

employment of such employee with hereby individually delegated authori

the Packers and Stockyards Administy under the provisions of section 402

tration. of the Packers and Stockyards Act,

(g) Concurrent authority and re1921, as amended (7 U.S.C. 222), to issue special orders pursuant to the

sponsibility to the Administrator. No

delegation prescribed herein shall preprovisions of section 6(b) of the Feder

clude the Administrator or Deputy Adal Trade Commission Act. (15 U.S.C.

ministrator from exercising any of the 46(b)), and, with respect thereto, to issue notices of default provided for in

powers or functions or from perform

ing any of the duties conferred upon section 10 of the Federal Trade Com

them, and any such delegation is submission Act (15 U.S.C. 50); to notify

ject at all times to withdrawal or persons deemed to be subject to the

amendment by the Administrator or bonding requirements in 7 U.S.C. 204

Deputy Administrator or the Division of their obligations to file bonds or

Director responsible for the function trust fund agreements in conformity

involved. The officials to whom auwith 88 201.27 through 201.38 of this

thority is delegated herein shall (1) chapter; to notify persons deemed to

maintain close working relationships be subject to the reporting require- with the Division Directors and Ad. ments in 8 201.97 of this chapter of

ministrator or Deputy Administrator their obligations to file annual reports;

as the case may be, (2) keep them adand to grant reasonable requests for vised with respect to major problems extension of 30 days or less, of the

and developments, and (3) discuss with time for the filing of such annual re- them proposed actions involving major ports in conformity with 8 201.97 of policy questions or other important this chapter.

considerations or questions, including (2) The Regional Supervisors are matters involving relationships with hereby individually delegated authori. other Federal agencies, other agencies ty, when there is reason to believe of the Department, other Divisions or that there is a question as to the true offices of the Packers and Stockyards ownership of livestock sold by any Administration, or other Governmenperson, to disclose information relat. tal or private organizations or groups. ing to such questionable ownership to (h) All prior delegations and redeleany interested person.

gations of authority relating to any

33-024 0-84-28

8 204.5 Indexes.

Pursuant to the regulations in 7 CFR 1.4(b), the Packers and Stock. yards Administration will maintain and make available for public inspection and copying current indexes of all material required to be made available in 7 CFR 1.2(a). Notice is hereby given that publication of these indexes is unnecessary and impractical, since the material is voluminous and does not change often enough to justify the expense of publication.

function or activity covered by these delegations of authority shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked. Nothing herein shall affect the validity of any action heretofore taken under prior delegations or redelegations of authority or assignment of functions.

(i) Reservations of authority. There is hereby reserved to the Administrator and Deputy Administrator the authority with respect to proposed rulemaking and final action for the issuance of regulations (201.1 of this chapter et seq.), rules of practice governing proceedings (8 202.1 of this chapter et seq.), and statements of general policy (§ 203.1 of this chapter et seq.), and the issuance of moving papers as prescribed in the rules of practice governing formal adjudicatory administrative proceedings instituted by the Secretary (7 CFR Part 1, Subpart H, 1.133); and the authority to make final determinations in accordance with the provisions of 7 CFR Part 1, Subpart A, as to the availabil. ity of official records and information made or obtained in connection with the administration of the Packers and Stockyards Act which are considered exempt from disclosure under 8 204.7 of this part.

8 204.6 Requests for records.

(a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in accordance with 7 CFR 1.3(a). Authority to make determinations regarding initial requests in accordance with 7 CFR 1.4(c) is delegated to the Freedom of Information Act Officer of the Pack. ers and Stockyards Administration. Requests should be submitted to the FOIA Officer at the following address: Freedom of Information Act Officer (FOIA Request), Packers and Stockyards Administration, United States Department of Agriculture, Washing. ton, D.C. 20250.

(b) The request shall identify each record with reasonable specificity as prescribed in 7 CFR 1.3.

(c) The FOIA Officer is authorized to receive requests and to exercise the authority to (1) make determination to grant requests or deny initial requests, (2) extend the administrative deadline, (3) make discretionary release of exempt records, and (4) make determinations regarding charges pursuant to the fee schedule.

8 204.4 Public inspection and copying.

(a) Facilities for public inspection and copying of the indexes arid materials required to be made available under 7 CFR 1.2(a) will be provided by Packers and Stockyards Administration during normal hours of operation. Request for this information should be made to the Freedom of Information Act Officer at the following address: Freedom of Information Act Of. ficer, Packers and Stockyards Administration, United States Department of Agriculture, Washington, D.C. 20250.

(b) Copies of such materials may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Director, Office of Operations and Finance, USDA.

8 204.7 Appeals.

Any person whose request under $ 204.6 of this part is denied shall have the right to appeal such denial in aco cordance with 7 CFR 1.3(e). Appeals shall be addressed to the Administrator, Packers and Stockyards Administration, U.S. Department of Agricul. ture, Washington, D.C. 20250.

CHAPTER 111-FOOD SAFETY AND

INSPECTION SERVICE,
MEAT AND POULTRY INSPECTION,
DEPARTMENT OF AGRICULTURE

EDITORIAL NOTE: For nomenclature changes to this chapter, see 37 FR 7311, Apr. 13, 1972, 42 FR 22373, May 3, 1977, and 46 FR 63204, Dec. 31, 1981; 47 FR 5196, Feb. 4, 1982.

SUBCHAPTER A-MANDATORY MEAT INSPECTION

Part 301 302 303 304

305

306 307 308 309 310 311

Page Definitions .........

107 Application of inspection and other requirements. 113 Exemptions...

113 Application for inspection; grant or refusal of inspection ......

........... 117 Official numbers; inauguration of inspection;

withdrawal of inspection; reports of violation...... 118 Assignment and authorities of program employees 120 Facilities for inspection....

121 Sanitation ...

124 Ante-mortem inspection.....

130 Post-mortem inspection .......

138 Disposal of diseased or otherwise adulterated carcasses and parts ................

148 Official marks, devices and certificates...

157 Humane slaughter of livestock .......

165 Handling and disposal of condemned or other inedible products at official establishments ......

171 Rendering or other disposal of carcasses and parts passed for cooking......

174 Marking products and their containers.....

175 Labeling, marking devices, and containers ..... 181 Entry into official establishments; reinspection and preparation of products .............

198 Definitions and standards of identity or composition...... .................

230 Records, registration, and reports .....

249

312 313 314

315

316 317 318

319

320

Part 321 322 325 327 329

Page 252 253 254 265

279

330 331

Cooperation with States and territories.........
Exports ..............
Transportation.
Imported products............

..............
Detention; seizure and condemnation; criminal of-

fenses......
[Reserved]
Special provisions for designated States and Terri-
tories; and for designation of establishments
which endanger public health and for such des-

ignated establishments
Rules of Practice governing proceedings under

the Federal Meat Inspection Act

281

335

287

.....

SUBCHAPTER B-VOLUNTARY INSPECTION AND CERTIFICATION

SERVICE

350

292 294

351 354

Special services relating to meat and other prod

ucts................
Certification of technical animal fats for export ....
Voluntary inspection of rabbits and edible prod-

ucts thereof ..............
Certified products for dogs, cats, and other carni-

vora; inspection, certification, and identification

as to class, quality, quantity, and condition.......... Voluntary poultry inspection regulations......

301

355

326 338

362

SUBCHAPTER C-MANDATORY POULTRY PRODUCTS INSPECTION

381

Poultry products inspection regulations ..................

343

SUBCHAPTER D-FOOD SAFETY AND INSPECTION SERVICE

ADMINISTRATIVE PROVISIONS

390

Freedom of information.......

445

SUBCHAPTER A-MANDATORY MEAT INSPECTION

EDITORIAL NOTE: For nomenclature changes to Subchapter A, see 37 FR 9460, May 11, 1972.

PART 301-DEFINITIONS

Sec. 301.1 Meaning of terms. 301.2 Definitions.

8 301.1 Meaning of terms.

As used in this subchapter, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa.

(34 Stat. 1260, 79 Stat. 903, as amended, 81 Stat. 584, 84 Stat. 91, 438; 21 U.S.C. 71 et seq., 601 et seq., 33 U.S.C. 1254) (35 FR 15554, Oct. 3, 1970)

8 301.2 Definitions.

As used in this subchapter, unless otherwise required by the context, the following terms shall be construed, respectively, to mean:

(a) The Act. The Federal Meat Inspection Act, as amended, (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 U.S.C., Sec. 601 et seq.).

(b) The Department. The United States Department of Agriculture.

(c) Secretary. The Secretary of Agriculture of the United States or his delegate.

(d) Food Safety and Inspection Service. The Food Safety and Inspection Service of the Department.

(e) Administrator. The Administrator of the Food Safety and Inspection Service or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(f) Program. The Meat and Poultry Inspection Program of the Food Safety and Inspection Service.

(g) Inspector. An inspector of the Program.

(h) Program employee. Any inspector or other individual employed by the Department or any cooperating agency who is authorized by the Sec

retary to do any work or perform any duty in connection with the Program.

(i) Official establishment. Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this subchapter.

(j) Circuit supervisor. The circuit supervisor of a circuit.

(k) Circuit. One or more official establishments included under the supervision of a circuit supervisor.

(1) Person. Any individual, firm, or corporation.

(m) Firm. Any partnership, association, or other unincorporated business organization.

(n) Meat broker. Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

(0) Renderer. Any person engaged in the business of rendering carcasses or parts or products of the carcasses of any livestock except rendering conducted under inspection or exemption under Title I of the Act.

(p) Animal food. Any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock, except that the term animal food as used herein does not include livestock and poultry feeds manufactured from processed animal byproducts (such as meatmeal tankage, meat and bonemeal, bloodmeal, and feed grade animal fat).

(q) Animal food manufacturer. Any person engaged in the business of manufacturing or processing animal food except manufacturers of livestock and poultry feeds with respect to any activity of acquiring or using processed animal byproducts (such as meat meal tankage, meat and bonemeal,

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