Subject 40-10-2 POULTRY INSPECTION - POULTRY PROCESSING
|(1)||The U.S. Secretary of Agriculture will provide to the State advisory assistance, technical, and laboratory assistance, financial aid and training necessary to planning and operating of the State program.|
|(2)||The requirements of the Georgia Poultry Inspection Program will be at least equal to those imposed under Sections 6 through 11 ( 21 U.S.C. 455 to 460 ) of the Federal Poultry Products Inspection Act.|
|(3)||The State of Georgia adopts U.S.D.A., Food Safety Inspection Service (FSIS) rules and regulations for mandatory poultry inspection as indicated in this chapter.|
|(4)||The Commissioner o f Agriculture is authorized to spend public funds of Georgia appropriated for the administration of the Georgia Meat Inspection Act in furtherance of the cooperative program.|
Rule 40-10-2-.02 Incorporation by Reference: Code of Federal Regulations, 9 CFR Part 381 - Federal Poultry Inspection Regulations
|(1)||The current mandatory Poultry Products Inspection Regulations (Code of Federal Regulations, 9 CFR, Part 381 ) and Regulatory Requirements under the Poultry Products Inspection Act (Code of Federal Regulations, 9 CFR, Parts 416 and 417 ) of the United States Department of Agriculture, are hereby adopted in their entirety with the exception of the deleted regulations specified in 40-10-2-.03 of this chapter and amended regulations as specified in 40-10-2-.04 of this chapter.|
|(2)|| Definitions in the
incorporated parts of the Federal regulations on mandatory poultry products
inspection (Code of Federal Regulations, 9 CFR, Parts 381, 416, and 417 ) of
the United States Department of Agriculture are amended to read as follows when
used in this chapter. Unless otherwise required by the context, the following
terms shall be construed, respectively to mean:
Rule 40-10-2-.03 Deletion of Incorporated Sections: Code of Federal Regulations, 9 CFR 381 - Federal Poultry Inspection Regulations
|(1)||The following sections of the Code of Federal Regulations governing the mandatory poultry products inspection ( 9 CFR, Part 381 ) of the United States Department of Agriculture incorporated by reference under Section 40-10-2-.02 of this rule are deleted and are not rules of the Georgia Department of Agriculture: 381.6; 381.10(a)(2), (4), (5), (6), and (7); 381.10(b); 381.16; 381.17; 381.30; 381.31; 381.38; 381.39; 381.96; 381.97; 381.98; 381.104 through 381.112; 381.123(b)(3) and (4); 381.133(a)(1); 381.145(f); 381.185; 381.186; 381.195 through 381.236.|
|(2)||In 9 CFR 381.10(a)(3), the words "and the statement 'Exempt- P.L. 90-492 ' " are deleted.|
|(3)||In 9 CFR 381.123(b)(2) and (4) the words "and accompanied by the prefix 'P' " are deleted.|
The following sections of the Code of Federal Regulations governing the mandatory poultry products inspection ( 9 CFR, Part 381 ) of the United States Department of Agriculture incorporated by reference under Section 40-10-2-.02 of this rule are amended as specified to allow incorporation as rules of the Georgia Department of Agriculture.
|(1)||Code of Federal Regulations 9 CFR 381.35 shall be amended to read "a rate as determined by the Commissioner" instead of "a rate of $9.28 per hour".|
|(2)|| Code of Federal
381.17 shall be amended to include:
|(3)||Code of Federal Regulations 9 CFR 381.145(a) shall be amended to include: "Poultry Product from an official establishment includes product from a state facility overseen by the Program."|
|(1)||As used in this chapter, 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.|
|(2)|| The definitions of terms in Meat
40-10-1-.02 are incorporated into
Chapter 40-10-2 unless not otherwise defined in this chapter. In addition, the
following definitions will be applicable to the regulations in this chapter.
|(1)|| Establishments requiring inspection:
|(2)||Poultry and products entering official establishments. All poultry and all products entering any official establishment and all products prepared, in whole or in part, therein, shall be inspected, handled, stored, prepared, packaged, marked, and labeled as required by the regulations in this chapter.|
|(1)|| Application will be as per the Federal
Code of Regulations, 9 CFR Part 381, Subpart D: Application for Inspection;
Grant or Refusal of Inspection with the following added stipulations:
Rule 40-10-2-.08 Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violations
|(1)||Inspection shall not be inaugurated in any building, any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, or similar material, and the floors, walls, and ceilings are without opening that directly or indirectly communicates with any part of the building used as living quarters.|
|(2)||Sanitation and adequate facilities. Inspection shall not be begun if an establishment is not in a sanitary condition or unless the establishment agrees to maintain such condition and provides adequate facilities for conducting such inspection.|
|(3)|| Withdrawal of inspection.
|(1)||Designation of officer in charge and assistants. The Commissioner shall designate an officer in charge of the inspection in each district, and assign to said inspector such assistants as may be necessary.|
|(2)|| Assignment of
Program Employees where members of family employed; soliciting employment.
Facilities for Inspection shall be in accordance with Code of Federal Regulations, 9 CFR, Chapter 3, Part 381 and Agriculture Handbook 570 US Inspected Meat and Poultry Plants - A Guide to Construction and Layout (revised April 1984).
Hazard Analysis and Critical Control Point Systems shall be in accordance with the Code of Federal Regulations, 9 CFR, Chapter 3, Part 417.
Sanitation shall be in accordance with Code of Federal Regulations, 9 CFR, Chapter 3, Part 416.
|(1)||The marks, devices, and certificates prescribed or referenced in this part shall be official marks, devices, and certificates for purposes of the Act, and shall be used in accordance with the provisions of this part and the Code of Federal Regulations, 9 CFR, Chapter 3, Part 381|
|(2)||Official marks and devices to identify inspected and passed products of poultry. The official inspection legend, or abbreviation thereof, shall be in the appropriate form as specified and approved by the Commissioner. The official inspection legend, or abbreviation thereof, is required to be applied to containers of inspected and passed carcasses and parts of carcasses of domestic poultry as deemed necessary by the Commissioner.|
|(3)||The official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: "Inspected for wholesomeness by Georgia Department of Agriculture." This wording shall be contained within an outline of the state of Georgia. The form and arrangement of such wording shall be exactly as approved by the Commissioner. The appropriate official establishment number shall be shown, unless the establishment number appears elsewhere on the labeling material in the manner prescribed in this section and the Code of Federal Regulations, 9 CFR, Chapter 3, Part 381.123(b), it may be omitted from the inspection mark. The Commissioner may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The official inspection legend, or the approved abbreviation thereof, shall be printed on consumer packages and other immediate containers of inspected and passed poultry products, or on labels to be securely affixed to such containers. Further, such legend or approved abbreviation thereof, shall be applied to shipping containers of such products and may be printed or stenciled thereon, but shall not be applied by rubber stamping. When applied by a stencil, the legend shall be not less than 4 inches in diameter.|
|(1)||Authorization required to make devices bearing official marks. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make or cause to be made any device containing any official mark or simulation thereof without prior written authority therefore from the Commissioner.|
|(2)||Approval required for official marks. No device containing any official mark shall be made or caused to be made for use on any product until it has been approved by the Commissioner as provided for in 40-10-1-.19 of this chapter.|
|(3)|| Use of official marks
prohibited except under supervision of Program employee; removal of official
marks, when required:
|(4)|| Unmarked inspected products moved between
official establishments; moved in commerce.
|(1)|| Labels required; supervision by Program
|(2)||Labels Approval Required. All labels will have appropriate approval as required by the Commissioner.|
|(3)||Reporting of obsolete labels. Once a year, or more if it is necessary, each official establishment shall submit to the Commissioner, in quadruplicate, a list of approved labels no longer in use, accompanied with a statement identifying the labels for which approval is no longer desired. The approved labels shall be identified by the date of approval, and the name of the product or other designation showing the class of labeling material.|
|(1)|| Products and other articles entering
|(2)|| Reinspection, retention, and disposal of
products at official establishments.
|(3)||Designation of places of receipt of product and other articles for reinspection. Every official establishment shall designate, with the approval of the officer in charge, a dock or place at which products and other articles subject to reinspection shall be received, and such products and articles shall be received only at such dock or place.|
|(4)|| Preparation of products to be officially
supervised; responsibilities of official establishments:
|(5)|| Requirements concerning procedures:
|(1)|| License and hearing provisions:
|(1)||Each official establishment must promptly notify the Georgia Meat Inspection Section Administrative Office within 24 hours of learning or determining that an adulterated or misbranded poultry or poultry food product received by or originating from the official establishment has entered commerce, if the official establishment believes or has reason to believe that this has happened. The official establishment must inform the Georgia Meat Inspection Administrative Office of the type, amount, origin, and destination of the adulterated or misbranded product.|
|(2)||Each official establishment must prepare and maintain written procedures for the recall of any poultry or poultry food product produced and shipped by the official establishment. These written procedures must specify how the official establishment will decide whether to conduct a product recall, and how the establishment will affect the recall, should it decide that one is necessary.|
|(3)||All records, including records documenting procedures required by this part, must be available for official review and copying.|