Subject 40-10-1 MEAT INSPECTION - MEAT PROCESSING
|(1)||The requirements of the Georgia Meat Inspection program will be at least equal to those imposed under Title 1 and Title IV of the Federal Meat Inspection Act.|
|(2)||The State of Georgia adopts U.S.D.A. Food Safety and Inspection Service (FSIS) rules and regulations for mandatory meat inspection as indicated in this chapter and in Title 9 Code of Federal Regulations, Chapter III (9 CFR 3), Parts: 307; 309; 310; 311; 313; 314; 315; 316; 317; 318; 319; 320; 325; 329; 381; 416; 417; 424; 430;431; 441; 442; & 500 for mandatory meat and poultry inspection requirements not covered specifically in this chapter.|
|(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)|| As used
in this chapter, unless otherwise required by the context, the following terms
shall be construed; respectively to mean:
|(1)|| Establishments requiring inspection:
|(2)||Livestock and products entering official establishments. All livestock 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 for inspection.
|(2)|| Drawings, information to be furnished;
subsidiary establishments; grant or refusal of inspection:
Rule 40-10-1-.06 Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violations
Official numbers; subsidiaries and tenants:
|(2)|| Separation of official establishments:
|(3)||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.|
|(4)||Inauguration of inspection. When an application for inspection is granted, the officer in charge shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of the regulations in this chapter. If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed, and marked in compliance with the regulations in this chapter, the identity of the same shall be maintained and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulation, or dealt with as inspected and passed under the regulations. The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the officer in charge may prescribe, for carrying out the purposes of this section.|
Withdrawal of inspection.
|(6)||Reports of Violations. Inspectors and other program employees shall report to the office in charge all violations of the Act or regulations in this chapter of which they have information and the officer in charge shall report the same to the Commissioner.|
|(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)||Program employees to have access to establishments. For the purpose of any examination or inspection necessary to prevent the use in commerce of any adulterated product. Program employees shall have access at all times, by day or night, whether the establishment is operated or not, to every part of any official establishment to which they are assigned.|
|(3)||Badge as identification of inspectors. Each inspector will be furnished with a numbered official badge, which he shall not allow to leave his possession, and which he shall wear in such manner and at such times as the Commissioner may prescribe. This badge shall be sufficient identification to entitle him to admittance at all regular entrances and to all parts of the establishment and premises to which he is assigned.|
|(4)|| Assignment of
Program Employees where members of family employed; soliciting employment.
|(5)||Any appeal from a decision of any program employee shall be made to his immediate supervisor having jurisdiction over the subject matter of the appeal, except as otherwise provided in the applicable rules of practice..|
Facilities for Inspection shall be in accordance with Code of Federal Regulations, 9 CFR, Chapter 3, Part 307.
Hazard Analysis and Critical Control Point Systems shall be in accordance with the Code of Federal Regulations, 9 CFR, Chapter III, Part 417.
Sanitation shall be in accordance with Code of Federal Regulations, 9 CFR Chapter III, Part 416 and the Sanitation Performance Standard, FSIS Directive 11,000.1.
Ante-mortem Inspection shall be performed in accordance with the provisions of the Code of Federal Regulations, 9 CFR, Chapter III, Part 309.
Post-mortem inspection shall be performed in accordance with the provisions of the Code of Federal Regulations, 9 CFR, Chapter III, Part 310.
Disposal shall be in accordance with the provisions of the Code of Federal Regulations, 9 CFR, Chapter III, Part 311.
|(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 regulations cited therein.|
|(2)||Official marks and devices to identify inspected and passed products of cattle, non-traditional livestock, sheep, swine or goats. The official inspection legend required by part 40-10-1-.18 of this chapter to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products by the Commissioner shall be in the appropriate form as specified.|
Humane slaughter of livestock shall be accomplished in accordance with the provisions of the Code of Federal Regulations, 9 CFR, Chapter III, Part 313.
Rule 40-10-1-.16 Handling and Disposal of Condemned or Other Inedible Products at Official Establishments
Handling and disposal of condemned or other inedible products at official establishments shall be accomplished in accordance with the Code of Federal Regulations, 9 CFR, Chapter III, Part 314.
Rendering or other disposal of carcasses and parts passed for cooking shall be accomplished in accordance with the provisions of the Code of Federal Regulations, 9 CFR, Chapter III, Part 315.
|(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 any device containing any official mark or simulation thereof without prior written authority therefor from the Commissioner as provided for in 40-10-1-.18 of this chapter.|
|(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)|| Marking devices; to be furnished
by official establishments; control of:
|(5)|| Branding ink; to be furnished by official
establishments; approval by Program; color:
|(6)||Products not to be removed from official establishments unless marked in accordance with the regulations. No person shall remove or cause to be removed from an official establishment any products which the regulations in this chapter require to be marked in any way unless they are clearly and legibly marked in compliance with such regulations.|
|(7)||Marking devices not to be false or misleading; style and size of lettering; approval required. No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in an official establishment shall be approved prior to use by the Commissioner as provided for in 40-10-1-.19 (3), except that official markings prescribed by the Federal meat grading regulations ( 7 CFR 53.19 ) need not be submitted to the Commissioner for approval.|
Unmarked inspected products moved between official establishments; moved in
|(9)|| Products to be marked with official marks:
|(10)|| Marking of meat food products with
official inspection legend and ingredient statement:
markings for certain meat food products:
|(13)|| Marking of outside
|(14)|| Marking tank cars and tank trucks used in
transportation of edible products:
|(15)|| Marking outside containers of
inedible grease, etc.:
|(16)||Custom prepared products to be marked "Not for Sale." Carcasses and parts therefrom that are prepared on a custom basis under 40-10-1-.04 (1)(a) 2. of this chapter shall be marked at the time of preparation with the term "Not for Sale" in letters at least three eighths inch in height, except that such products need not be so marked if in immediate containers properly labeled in accordance with the regulations in 40-10-1-.19 (16) of this chapter. Ink used for marking such products must comply with the requirements of 40-10-1-.18 (5).|
|(1)|| Labels required; supervision by Program
definitions; required features.
|(3)|| Approval of abbreviations of marks of
inspection; preparation of marking devices bearing inspection legend without
advance approval prohibited; exception.
|(4)|| Labels to be approved by Commissioner.
Officer in charge to permit certain modifications of approved labels. The officer
in charge may permit modification of approved labels or markings, under the
following circumstances, provided the labeling or markings as modified is so used
as not to be false or misleading:
|(6)||Approved labels to be used only on products to which they are applicable. Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with 40-10-1-.18 (3): Provided, That existing stocks of labels approved prior to the effective date of this section and which bear the official inspection legend and all other information required by subparagraph (3) and subparagraphs (5) through (11) of paragraph 1.(K) of the Act and comply with subparagraphs (1) and (2) of paragraph 1.(K) of the Act, and the quantity of which has been identified to the officer in charge as being in storage on said date at the official establishment or other identified warehouse for the account of the operator of the official establishment, may be used until such stocks are exhausted, but not later than 6 months after the effective date of this section unless such labels conform to all the requirements of this part and 40-10-1-.20 of this chapter. The Commissioner may upon the show of good cause grant individual extension of time as he deems necessary.|
|(8)|| Misleading or false labeling or practices
generally; specific prohibitions and requirements for labels and containers:
|(9)||Labeling of equine products. The immediate containers of any equine products shall be labeled to show the kinds of animals from which derived, when the products are sold, transported, offered for sale or transportation or received for transportation in commerce.|
Reuse of official inspection marks; reuse of containers bearing official marks,
Labeling, filling of containers, handling of labeled products, to be only in
compliance with regulations:
|(12)||Relabeling products; requirements: When it is claimed by an official establishment that some of its products which bore labels bearing official marks has been transported to a location other than an official establishment, and it is desired to relabel the product because the labels have become mutilated or otherwise damaged, a request for Relabeling the product shall be sent to the Commissioner accompanied with a statement of the reasons therefor. Labeling material intended for relabeling inspected and passed product shall not be transported from an official establishment unless permission has been received from the Commissioner. The relabeling of inspected and passed product with labels bearing any official marks shall be done under the supervision of an inspector of the Program. The official establishment shall reimburse the Program, in accordance with the regulations of the Department, for any cost involved in supervising the relabeling of such product.|
|(13)||Labels, wrappers, and containers bearing any official marks, with or without the establishment number, may be transported from one official establishment to any other official establishment provided such shipments are made with prior authorization of the officer in charge at point of origin, who will notify the officer in charge at destination concerning the date of shipment, quantity, and type of labeling material involved. No such material shall be used at the establishment to which it is shipped unless such use conforms with the requirements of this chapter.|
|(14)||Reporting of obsolete labels. Once a year, or more often 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.|
|(16)||Labeling and containers of custom prepared product. Products that are custom prepared under 40-10-1-.04 (1)(a) 2. of this subchapter must be packaged immediately after preparation and must be labeled (in lieu of information otherwise required by this Part .17) with the words "Not for Sale" in lettering not less than three eighths inch in height. Such exempted custom prepared products or their containers may bear additional labeling provided such labeling is not false or misleading.|
|(17)|| Interpretation and statement of labeling
policy for cured products; special labeling concerning nitrate and nitrite
|(19)||Jar closures requirements. Vacuum packed containers sealed with quick-twist, screw-on, or snap-on lids (or closures) shall not have an annular space between the inner edge of the lid's rim (lip or skirt) and the container itself or shall have such space sealed in a manner that will make it inaccessible to filth and insects.|
|(20)||Nutritional labeling of meat products shall comply with the requirements of Code of Federal Regulations, 9 CFR, Chapter 3, Part 317.300 through 317.400, inclusive.|
|(21)||Safe Handling Instructions shall comply with the requirements of Code of Federal Regulations, 9 CFR, Chapter, Part 317.2(1).|
Products and other articles entering official establishment:
Reinspection, retention, and disposal of products at official establishments:
|(3)||Designation of places of receipt of products 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:
Requirements concerning ingredients and other articles used in preparation of
|(7)|| Approval of substances
for use in the preparation of products:
Preservatives and other substances permitted in product for export only;
handling; such product not to be used for domestic food purposes.
|(9)||Samples of products, water, dyes, chemicals, etc., to be taken for examination. Samples of products, water, dyes, chemicals, preservatives, spices, or other articles in any official establishment shall be taken, without cost to the Program, for examination, as often as may be necessary for the efficient conduct of the inspection.|
|(11)|| Canning with heat processing and
hermetically sealed containers; cleaning containers; closure; code marking; heat
Preparation of dog food or similar uninspected article at official
|(13)||Mixtures containing product but not amenable to the Act. Mixtures containing product but not classed as a meat food product under the Act shall not bear the inspection legend or any abbreviation or representation thereof. When such mixtures are prepared in any part of an official establishment, the sanitation of that part of the establishment shall be supervised by Program employees, and the preparation of such mixtures shall not cause any deviation from the requirement that no uninspected products shall be brought into the establishment.|
Adulteration of products by flood water, etc.; procedure for handling:
|(15)||Tagging chemicals, preservatives, cereals, spices, etc., "Ga. Retained." When any chemical, preservative, cereal, spices, or other substance is intended for use in an official establishment, it shall be examined by a Program employee and if found to be unfit or otherwise unacceptable for use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach a "Ga. Retained" tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the officer in charge may require and shall not be used until the tag is removed, and such removal shall be made only by a Program employee after a finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the establishment.|
|(16)|| Pesticide chemicals and other residues in
Requirements for the production of cooked beef, and cooked corned beef.
Rule 40-10-1-.21 Definitions and Standards of Identity or Composition and Standards of Fill of Containers
Definitions and standards of identity or composition and standards of fill of containers shall be in accordance with Code of Federal Regulations, 9 CFR, Chapter 3, Part 319.
|(1)|| Records required to be kept:
|(2)||Place of maintenance of records. Every person engaged in any business described in 40-10-1-.21 (1) and required by this part to keep records shall maintain such records at the place where such business is conducted except that if such person conducts such business at multiple locations, he may maintain such records at his headquarters' office. When not in actual use, all such records shall be kept in a safe place at the prescribed location in accordance with good commercial practices.|
|(3)||Record retention period. Every record required to be maintained under this part shall be retained for a period of 2 years after December 31 of the year in which the transaction to which the record relates has occurred and for such further period as the Commissioner may require for purposes of any investigation or litigation under the Act, by written notice to the person required to keep such records under this part.|
|(4)||Access to and inspection of records, facilities, and inventory; copying and sampling. Every person (including every firm or corporation) within any of the classes specified shall upon proper identification and request by any authorized representative of the Commissioner during ordinary business hours, permit such representative to enter his or its place of business and examine the records required to be kept and the facilities and inventory pertaining to the business of such person subject to the Act, and to copy all such records, and to take reasonable samples of the inventory upon payment of the fair market value therefor. Any necessary facilities (other than reproduction equipment) for such examination and copying of records and for such examination and sampling of inventory shall be afforded to authorized representatives of the Commissioner by such person.|
|(6)|| Information and reports required from
official establishment operators:
|(7)||Reports by consignees of allegedly adulterated or misbranded products; sale or transportation as violations. Whenever the consignee of any product which bears an official inspection legend refuses to accept delivery of such product on the grounds that it is adulterated or misbranded, the consignee shall notify the Commissioner of the kind, quantity, source, and present location of the product and the respects in which it is alleged to be adulterated or misbranded, and it will be a violation of the Act for any person to sell or transport, or offer for sale or transportation, or receive for transportation, in commerce, any such product which is capable of use as human food and is proved to be adulterated or misbranded at the time of such sale, transportation, offer, or receipt; Provided, however, that any such allegedly adulterated or misbranded product may be transported to the official establishment from which it had been transported in accordance with this chapter.|
|(1)|| License and hearing provisions:
|(1)|| Article or livestock subject to
administrative detention. Any carcass, part of a carcass, meat or meat food
product of livestock or article exempted from the definition of meat food
product, or any dead, dying, disabled, or diseased livestock is subject to
detention for a period not to exceed 20 days when found by any authorized
representative of the Commissioner upon any premises where it is held for the
purposes of, or during or after distribution in, commerce or it is otherwise
subject to the provisions of the Act, and there is reason to believe that:
|(2)||Method of detention; form of detention tag. An authorized representative of the Commissioner shall detain any article or livestock subject to detention under this part, by affixing an official "Georgia Detained Tag" to such article or livestock.|
|(3)||Notification of detention to the owner of the article or livestock detained or has agent or person in possession thereof. Within 48 hours after the detention of any article or livestock pursuant to this part, an authorized representative of the Commissioner or other employee of the State of Georgia shall give oral or written notification of such detention to the owner of the article or livestock detained, or if such owner cannot be ascertained and notified within such period of time, to his agent or the carrier or other person in possession of the article or livestock detained. The notification, if in writing, shall be served by either delivering the notification to such owner, or his agent, or to such other person, or by certifying and mailing the notification, addressed to such owner, agent, or other person, at his last known residence or principal office or place of business. In the event that notification is given orally, it shall be confirmed in writing, as promptly as circumstances permit.|
|(4)||Notification of governmental authorities having jurisdiction over article or livestock detained; form of written notification. Within 48 hours after the detention of any livestock or article pursuant to this part, an authorized representative of the Commissioner shall give oral or written notification of such detention to any Federal authorities not connected with the Program, and any State or other governmental authorities, having jurisdiction over such livestock or article. In the event notification is given orally, it shall be confirmed in writing, as promptly as circumstances permit.|
|(5)||Movement of article or livestock detained; removal of official marks. No article or livestock detained in accordance with the provisions in this part shall be moved by any person from the place at which it is located when so detained, until released by an authorized representative of the Commissioner. Provided, that any such article or livestock may be moved from the place at which it is located when so detained, for refrigeration, freezing, or storage purposes if such movement has been approved by an authorized representative of the Commissioner. And provided further, that the article or livestock so moved will be detained by an authorized representative of the Commissioner after such movement until such time as the detention is terminated. When the detention of such article or livestock is terminated, the owner, or his agent or the carrier or other person in possession of the article or livestock who was notified when the article or livestock was detained, will receive notification of the termination. Such notification shall be served by either delivering the notice to such person, or by certifying and mailing the notification, addressed to such at his last known residence or principal office or place of business. All official marks may be required by such representative to be removed from such article or livestock before it is released unless it appears to the satisfaction of the representative that the article or livestock is eligible to retain such marks.|
|(6)|| Articles or livestock subject to judicial
seizure and condemnation. Any carcass, part of carcass, meat or meat food product
or any dead, dying, disabled, or diseased livestock, that is being transported in
commerce or is otherwise subject to the Act, or is held for sale in the United
States after such transportation, is subject to seizure and condemnation, in a
judicial proceeding if such product or livestock:
|(7)||Procedure for seizure, condemnation, and disposition. Any article or livestock subject to seizure and condemnation under this part shall be liable to be proceeded against and seized and condemned, and disposed of, at any time, on an appropriate pleading in any proper court within the jurisdiction of which the article or livestock is found.|
|(8)||Authority for condemnation or seizure under other provisions of the law. The provisions of this part relating to seizure, condemnation and disposition of articles or livestock do not derogate from authority for condemnation or seizure conferred by other provisions of the Act, or other laws.|
Transportation of all inspected meat and meat products shall be in accordance with code of Federal Regulations, 9 CFR, Chapter III, Part 325, 416, 417, and the following:
|(1)||No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any meat or meat product which is capable of use as human food unless the product and its container, if any, bear the official inspection legend as required under 9 CFR, Chapter III, Parts 316 and 317 or such product is exempted from the requirement of inspection under part 9 CFR Chapter III, Part 303.|
|(2)|| All inspected meat
and meat products shall be protected from contamination from any source such as
dust, dirt, insects and the rapid and progressive growth of infectious or
toxigenic microorganisms during storage, loading, unloading at and transportation
from official establishments.
means of conveyance onto which product is loaded, being loaded, or intended to be
loaded, shall be subject to inspection by an inspector at any official
establishment. The decision whether or not to inspect a means of conveyance in a
specific case, and the type and extent of such inspection shall be at the
Program's discretion and shall be adequate to determine if product in such
conveyance is, or when moved could become, adulterated. Circumstances of
transport that can be reasonably anticipated shall be considered in making said
determination. These include, but are not limited to, weather conditions,
duration and distance of trip, nature of product covering, and effect of
restowage at stops en route. Any means of conveyance found upon such inspection
to be in such condition that product placed therein could become adulterated
shall not be used until such condition which could cause adulteration is
corrected. Product placed in any means of conveyance that is found by the
inspector to be in such condition that the product may have become adulterated
shall be removed from the means of conveyance and handled in accordance with 9
CFR Chapter 3 Part 318.2.
|(4)||Any alternative transportation method for inspected meat or meat products requires written approval from the Director of Meat Inspection.|
|(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 meat or meat 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 meat or meat 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.|