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. |
| (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:
| (a) |
"The
Act" means the Georgia Code Annotated 26-2-200 through 26-2-214. |
| (b) |
"The Administrator", "Regional Director",
"Area Supervisor", "District Manager", or "District Office" means the Director
of Meat Inspection, Georgia Department of Agriculture. |
| (c) |
"Circuit Supervisor" or "Inspection
Service Supervisor" means the District Veterinary Supervisor or Assistant
District Supervisor of the Poultry Inspection Program of the Georgia Department
of Agriculture, Meat Inspection Section. |
| (d) |
"The Compliance Program, Regulatory
Programs, FSIS" means the Georgia Department of Agriculture, Meat Inspection
Compliance Program. |
| (e) |
"The
Department", "United States Department of Agriculture", "USDA", or the "U.S.
Department of Agriculture" means the Georgia Department of Agriculture. For
brevity the acronym GDA is also used in this rule.
| (i) |
"U.S. Condemned" means GDA
Condemned. |
| (ii) |
"U.S. Detained"
means GDA Detained. |
| (iii) |
"U.S.
Inspected and Condemned" means GDA Inspected and Condemned. |
| (iv) |
"U.S. Inspected and Passed" means GDA
Inspected and Passed. |
| (v) |
"U.S.
Passed for Cooking" means GDA Passed for Cooking. |
| (vi) |
"U.S. Passed for Refrigeration" means
GDA Passed for Refrigeration. |
| (vii) |
"U.S. Retained" means GDA Retained. |
| (viii) |
"U.S. Rejected" means GDA
Rejected. |
| (ix) |
"U.S. Suspect" means
GDA Suspect. "U.S. Government Seals" means GDA Seals. |
|
| (f) |
"Federal" means State. |
| (g) |
"Federally Inspected and Passed", "U.S.
Inspected and Passed", "U.S. Inspected for Wholesomeness", and "Federally
Inspected for Wholesomeness", means GDA Inspected and Passed. |
| (h) |
"Food Inspector", "Inspector",
"Inspection Service Employee", "USDA Inspector", "USDA Program Official", or
"Program Inspector" means an inspector of the Poultry Inspection Program of the
Georgia Department of Agriculture, Meat Inspection Section. |
| (i) |
"Food Labeling Division, Regulatory
Programs, FSIS" means the office of the Director, Georgia Department of
Agriculture, Meat Inspection Section. |
| (j) |
"The Program", "Federal Inspection",
"Federal Poultry Inspection", "Meat and Poultry Inspection", "Meat and Poultry
Inspection Program", "Inspection Service", "Food Safety and Inspection
Service", "Food Safety and Quality Service", "Technical Services", "Technical
Service Center", "Standards and Labeling Division", and "Agency" mean the
Poultry Inspection Program of the Georgia Department of Agriculture, Meat
Inspection Section. |
| (k) |
"The
Secretary" means the Commissioner of the Georgia Department of
Agriculture. |
| (l) |
"Veterinary
Supervisor" means District Veterinary Supervisor or the Director of the Poultry
Inspection Program of the Georgia Department of Agriculture, Meat Inspection
Section. |
| (m) |
"Veterinary Inspector"
means District Veterinary Supervisor, contract veterinarian, or the Director of
the Poultry Inspection Program of the Georgia Department of Agriculture, Meat
Inspection Section. |
| (n) |
"USDA
Inspection Legend" and "Official Inspection Legend" mean the Inspection Legend
of the Poultry Inspection Program of the Georgia Department of Agriculture,
Meat Inspection Section as outlined in this chapter of the
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. |
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
Regulations 9 CFR
381.17 shall be amended to include:
| (a) |
The applicant for inspection will be
responsible for furnishing acceptable drawings and specifications: |
| (b) |
Each applicant for inspection shall
submit to the program four copies of:
| 1. |
Complete drawings with specifications of the floor plans of the establishment
for which inspection is requested, showing the locations of principal pieces of
equipment, floor drains, principal drainage lines, hand-washing basins, and
hose connections for clean-up purposes; |
| 2. |
A plot plan showing the limits of the
establishment's premises, locations in outline of buildings on the premises,
cardinal points of the compass, and roadways and railways serving the
establishment; and |
| 3. |
A room
schedule showing the finish of walls, floors, and ceilings of all rooms in the
establishment. The specifications shall include statements describing the water
supply, plumbing, drainage, refrigeration, equipment, lighting, and operations
of the establishment. Applicants for inspection may request information from
the Commissioner concerning the requirements before submitting plans. |
|
|
| (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
Inspection Rule
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.
| (a) |
Cutting up. Any division of any poultry
carcass or part thereof, except that the trimming of carcasses or parts thereof
to remove surface contaminants is not considered as cutting up. |
| (b) |
Dead poultry. The body (cadaver) of
livestock that has died other than by slaughter. |
| (c) |
Domesticated poultry. Any domesticated
bird, chickens, turkeys, ducks, geese, guineas, squabs or ratites, whether live
or dead. |
| (d) |
Experimental poultry.
Any poultry used in any research investigation involving the feeding or other
administration of, or subjection to, an experimental biological product, drug
or chemical or any non-experimental biological product, drug or chemical used
in a manner for which it was not intended. |
| (e) |
Georgia inspected and condemned (or any
authorized abbreviation thereof). This term means that the poultry carcass,
viscera, other part of carcass, or other poultry product so identified has been
inspected, found to be adulterated, and condemned under the regulations in this
chapter. |
| (f) |
Georgia retained. This
term means that the poultry carcass, viscera, other parts of the carcass, or
other product, or article so identified is held for further examination by an
inspector to determine its disposal. |
| (g) |
Georgia suspect. This term means that the
poultry so identified is suspected of being affected with a disease or
condition which may require its condemnation, in whole or in part, when
slaughtered, and is subject to further examination by an inspector to determine
its disposal. |
| (h) |
Georgia
condemned. This term means that the poultry so identified has been inspected
and found to be in a dying condition, or to be affected with any other
condition or disease that would require condemnation of its carcass. |
| (i) |
"Inspected and passed" or "Georgia
inspected and passed" or "Georgia inspected and passed by Department of
Agriculture" (or any authorized abbreviation thereof). This term means that the
poultry product so identified has been inspected and passed under the
regulations in this chapter, and at the time it was inspected, passed, and
identified, it was found to be not adulterated. |
| (j) |
Official certificate. Any certificate
prescribed by the regulations in this chapter for issuance by an inspector or
other person performing official functions under the Act. |
| (k) |
Official device. Any device prescribed by
the regulations in
40-10-1-.14 of this chapter for use
in applying any official mark. |
| (l) |
Official establishment. Any USDA or GDA inspected establishment. |
| (m) |
Official inspection legend. Any symbol
prescribed by the regulations in this chapter showing that an article was
inspected and passed in accordance with the Act. |
| (n) |
Official mark. The official inspection
legend or any other symbol prescribed by the regulations in this chapter to
identify the status of any poultry or poultry product covered under this
chapter. |
| (o) |
Poultry broker. Any
"Poultry Products Broker". |
| (p) |
The
Program. The Poultry Inspection Program of the Georgia Department of
Agriculture Meat Inspection Section. |
| (q) |
Program employee. Any inspector or other
individual employed by the Department who is authorized by the Commissioner to
do any work or perform any duty in connection with the program. |
|
| (1) |
Establishments requiring inspection:
| (a) |
Inspection under the regulation in this
chapter is required at:
| 1. |
Every
establishment, except as provided in
9 CFR Chapter
381.10(a)(1), in which any
domesticated poultry are slaughtered for transportation or sale as articles of
commerce, or in which any products of, or derived from, carcasses of poultry
are, wholly or in part, prepared for transportation of sale as articles of
commerce which are intended for use as human food; |
| 2. |
Every establishment, except as provided in
9 CFR Chapter
381.10(a)(1), within any
State or organized Territory at which any livestock are slaughtered or any
products of any livestock are prepared, for use as human food solely for
distribution within such jurisdiction; and |
| 3. |
Every establishment designated by the
Commissioner pursuant to paragraph
40-10-2-.06(b) and/or
(c) of this Chapter as one producing
adulterated products, which would clearly endanger the public health. |
|
| (b) |
The Commissioner may extend
the inspection requirements to any establishment in the State at which products
are prepared for distribution solely within the State, if he determines in
accordance with the provisions of the Act that it is producing adulterated
products, which would clearly endanger the public health. |
| (c) |
Whenever any complaint is received by the
Commissioner from any person alleging that any retail store claiming exemption
under this paragraph (a) has been operated in violation of the conditions
prescribed in this section for exemption, and the Commissioner, upon
investigation of the complaint, has reason to believe that any such violation
has occurred he shall so notify the operator of the retail store and afford him
reasonable opportunity to present his views informally with respect to the
matter. Thereafter, if the Commissioner still has reason to believe that such a
violation has occurred, and that a requirement that the operator keep records
concerning the operations of the retail store would effectuate the purposes of
the Act, the Commissioner shall order the operator to maintain complete,
accurate, and legible records of total monthly purchases and of total monthly
sales of poultry, poultry byproducts, and poultry food products, in terms of
dollar values of the products involved. Such records shall separately show
total sales to household consumers and total sales to other consumers and shall
be maintained for the period prescribed in
40-10-1-.22(3) of
the Georgia Meat Inspection Rules. If the operator maintains copies of bills of
lading, receiving and shipping invoices, warehouse receipts, or similar
documents, which give the information required herein, additional records are
not required by this paragraph. |
|
| (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:
| (a) |
The Commissioner is
authorized to grant inspection upon his determination that the applicant and
the establishment are eligible therefore and to refuse to grant inspection at
any establishment if he determines that it does not meet the requirements of
this part of the regulations or has not received approval labeling and
containers to be used at the establishment as required by the regulations in
40-10-2-.15 of this chapter. Before
inspection is refused for any such reason, the applicant shall be informed of
the proposed action and the reasons therefore and afforded an opportunity to
present his views. |
| (b) |
Before
inspection is granted, an establishment must have developed written Sanitation
Standard Operating Procedures as required by Rule
40-10-2-.12, a written Hazard
Analysis and Critical Control Point procedures as required by Rule
40-10-2-.11, and written recall
procedures as required by Rule
40-10-2-.18. |
|
| (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.
| (a) |
The Commissioner is
authorized to withdraw inspection from an official establishment under the
stipulations of Chapter 9
CFR, Chapter 3, Part
500, or for failure of the operator
to destroy condemned products as required by the Act and the regulations in
this chapter. |
|
| (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.
| (a) |
Except as specifically authorized by the
Commissioner, no program employee shall be detailed for duty at an
establishment where any member of his family is employed by the establishment,
nor shall any officer in charge or other employee acting in a supervisory
capacity be continued on duty at a circuit where any member of his family is
employed by an establishment under his jurisdiction. Program employees are
forbidden to solicit, for any person, employment at any official establishment,
or by an officer, manager, or employee thereof. |
| (b) |
Program employees shall not procure
product from any official establishment or any other establishment if its
operations or products are inspected or regulated under the Meat Inspection Act
of 1969 or any other law administered by the Department unless the store or
outlet from which the purchase is made is open to the general public and the
price paid by such employee is the same as the price paid by the general
public. Program employees must pay, and obtain receipts for money paid to such
establishments for all such product and keep such receipts subject to
inspection by supervisory employees or other authorized Department employees.
|
|
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:
| (a) |
No person
shall affix or place, or cause to be affixed or placed, the official inspection
legend or any other official mark, or any abbreviation or simulation of any
official mark, to or on any product, or container thereof, except under the
supervision of a Program employee. |
| (b) |
No person shall fill, or cause to be
filled, in whole or in part, with any product, any container bearing or
intended to bear any official mark or any abbreviation or simulation of any
official mark, except under the supervision of a Program employee. |
| (c) |
Product bearing any official mark shall
not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise
prepared by any person for commercial purposes unless:
| (i) |
Such preparation is performed at an
official establishment; or |
| (ii) |
Such preparation is conducted under State or other governmental inspection and
the prepared product is marked to show that fact; or |
| (iii) |
The official marks are removed, defaced
or otherwise destroyed before or during such preparation. |
| (iv) |
The preparation of the product consists
of cutting up operations at any establishment exempted from inspection under
Section 40-10-2-.06 of
this chapter or equal provisions of a law of a State or organized
Territory. |
|
|
| (4) |
Unmarked inspected products moved between
official establishments; moved in commerce.
| (a) |
Unmarked products which have been
inspected and passed but do not bear the official inspection legend may be
transported from one official establishment to another official establishment,
for further processing, in a railroad car, truck, or other closed container, if
they are sealed with the official seal of the Department (as prescribed in
40-10-1-.14 of the Georgia
Department of Agriculture Meat Inspection Rules) bearing the official
inspection legend. |
| (b) |
Products
which have been inspected and passed but do not bear the official inspection
legend may be removed from an official establishment in closed containers
bearing the official inspection legend and all other information required by
this part and
40-10-2-.15 of this chapter:
Provided, that upon removal from such closed container the product may not be
further transported in commerce unless such removal was made under the
supervision of a Program employee and such product is re-inspected by a Program
employee and packed under his supervision in containers bearing the official
inspection legend and all other information required by this part and
40-1-1-.19 of this chapter: and provided further, that unmarked products shall
not be brought into an official establishment in an open container. |
|
| (1) |
Labels required; supervision by Program
Employee.
| (a) |
When, in an official
establishment, any inspected and passed product is placed in any receptacle or
covering constituting an immediate container, there shall be affixed to such
container a label as described in the Code of Federal Regulations,
9 CFR, Chapter
3, Part
381, Subpart
N. |
|
| (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 official establishments.
| (a) |
Except as otherwise provided in
paragraphs (g) and (h) of this section, no product shall be brought into an
official establishment unless it has been prepared only in an official
establishment and previously inspected and passed by a Program employee, and is
identified by an official establishment and previously inspected and passed by
a Program employee, and is identified by an official inspection legend as so
inspected and passed. Product entering any official establishment shall not be
used or prepared thereat until it has been reinspected. |
| (b) |
No slaughtered poultry or poultry product
shall be brought into an official establishment unless it has been previously
inspected and passed and is identified as such in accordance with the
requirements of the Poultry Products Inspection Act (
21 U.S.C.
451et seq.) and the
regulations thereunder, and has not been prepared other than in an
establishment inspected under said Act or has been inspected and passed and is
identified as such in accordance with the requirements of a state
law; |
| (c) |
Every article for use as
an ingredient in the preparation of meat food products, when entering any
official establishment and at all times while it is in such establishment,
shall bear a label showing the name of the article, the amount or percentage
therein of any substances restricted by this chapter or the Code of Federal
Regulations 9 CFR, Chapter
3, Part
381, and a list of ingredients in
the article if composed of two or more ingredients. In addition, the label must
show the name and address of the manufacturer or distributor. |
| (d) |
Containers of preparations which enter
any official establishment for use in cooling or retort water shall at all
times while they are in such establishment bear labels, showing the chemical
names of the chemicals in such preparations. In the case of any preparation
containing chemicals which are specifically limited as to amount permitted to
be used, the labels on the containers shall also show the percentage of each
such chemical in the preparation; |
| (e) |
No prohibited dye, chemical,
preservative, or other substance shall be brought into or kept in an official
establishment for use as an ingredient of human food or animal feed; |
| (f) |
All isolated soy protein when entering
and while in any official establishment, must be labeled in accordance with,
and otherwise meet the requirements of Georgia Meat Inspection Rule 40-10-1 -
.20 (6)(b) 11; |
| (g) |
The official
establishment shall furnish such information, as the inspector may deem
necessary to determine the origin of any product or other article entering the
official establishment. Such information may include, but is not limited to,
the name and address, of the seller or supplier, transportation company, agent,
or broker involved in the sale or delivery of the product or article in
question; |
| (h) |
Any product or any
poultry or poultry product or other article that is brought into an official
establishment contrary to any provision of this section may be required by the
Commissioner to be removed immediately from such establishment by the operator
thereof, and failure to comply with such requirement shall be deemed a
violation of this regulation. If any slaughtered poultry or poultry products or
other articles are received at an official establishment and are suspected of
being adulterated or misbranded under the Poultry Products Inspection act or
the Federal Food, Drug, and Cosmetic Act, the appropriate governmental
authorities will be notified. Products received in an official establishment
during the inspector's absence shall be held separate and apart in the
establishment, pending inspection by the inspector. |
|
| (2) |
Reinspection, retention, and disposal of
products at official establishments.
| (a) |
All
products and all slaughtered poultry and poultry products brought into any
official establishment shall be identified and reinspected at the time of
receipt, and shall be further subject to reinspection at any official
establishment in such manner and at such times as may be deemed necessary by
the officer in charge to assure compliance with the regulations in this
chapter; |
| (b) |
All products, whether
fresh, cured, or otherwise prepared, even though previously inspected and
passed, shall be reinspected by Program employees as often as may be necessary
in order to ascertain that they are not adulterated or misbranded at the time
they enter or leave official establishments; |
| (c) |
Reinspection may be accomplished through
use of statistically sound sampling plans that assure a high level of
confidence. The officer in charge shall designate the type of plan and the
program employee shall select the specific plan to be used in accordance with
instructions issued by the Commissioner; |
| (d) |
A Georgia Retained Tag shall be placed by
a Program employee at the time of reinspection at any official establishment on
all products which are suspected on such reinspection of being adulterated or
misbranded, and such products shall be held for further inspection. Such tags
shall be removed only by authorized Program employees. When further inspection
is made, if the product is found to be adulterated, all official inspection
legends or other official marks for which the product is found to be eligible
under the regulations in this chapter, shall be removed or defaced and the
product shall be condemned and disposed of in accordance with this chapter,
except that a determination regarding adulteration may be deferred if a product
has become soiled or unclean by falling on the floor or in any other accidental
way or if the product is affected with any other condition which the inspector
deems capable of correction, in which case the product shall be cleaned
(including trimming if necessary) or otherwise handled in a manner approved by
the inspector to assure that it will not be adulterated and shall then be
presented for reinspection and disposal in accordance with this section. If
upon final inspection the product is found to be neither adulterated or
misbranded, the inspector shall remove the Ga. Retained tag. If a product is
found upon reinspection to be misbranded, but not adulterated, it shall be held
under a Ga. Retained tag, or a Ga. Detention tag, pending correction of the
misbranding or issuance of an order to withold from use the labeling or
container of the product, or the institution of a judicial seizure action. The
inspector shall make a complete record of each transaction under this paragraph
and shall report his action to the officer in charge. |
|
| (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:
| (a) |
All processes used in curing, pickling,
rendering, canning, or otherwise preparing any product in official
establishments shall be supervised by Program employees. No fixtures or
appliances, such as tables, trucks, trays, tanks, vats, machines, implements,
cans, or containers of any kind, shall be used unless they are of such material
and construction as will not contaminate or otherwise adulterate the product
and are clean and sanitary. All steps in the process of manufacture shall be
conducted carefully and with strict cleanliness in rooms or compartments
separate from those used for inedible products; |
| (b) |
It shall be the responsibility of the
operator of every official establishment to comply with the Act and the
regulations in this chapter. In order to effectively carry out this
responsibility, the operator of the establishment shall institute appropriate
control programs, approved by the Georgia Meat Inspection Division and
commensurate with the type of activities conducted at the establishment and the
preparation, marking, labeling, and packaging of its products strictly in
accordance with the sanitary and other requirements of this chapter. When such
control programs involve the maintenance of records, such records shall be made
available for review by inspectors. |
|
| (5) |
Requirements concerning procedures:
| (a) |
Care shall be taken to insure that
product is not adulterated when placed in freezers. If there is doubt as to the
soundness of any frozen product, the inspector will require the defrosting and
reinspection of a sufficient quantity thereof to determine its actual
condition. |
| (b) |
Frozen product may
be defrosted in water or pickle in a manner and with the use of facilities,
which are acceptable to the inspector. Before such product is defrosted, a
careful examination shall be made to determine its condition. If necessary,
this examination shall include defrosting of representative samples by means
other than in water or pickle. |
| (c) |
Cooked poultry or poultry shall be so handled to assure that the product is not
contaminated by direct contact with raw product. To prevent direct
contamination of the cooked product, establishments shall:
| 1. |
Physically separated areas where raw
product is handled from areas where exposed cooked product is handled, used a
solid impervious floor to ceiling wall; or |
| 2. |
Handle raw and exposed cooked product at
different times, with a cleaning of the entire area after the raw material
handling is completed and prior to the handling of cooked product in that area;
or prior to the handling of cooked product in that area; or |
| 3. |
Submit a written procedure for approval
through the inspector in charge to the District Supervisor detailing the steps
to be taken which would avoid recontamination of cooked product by raw product
during processing. |
|
| (d) |
Cooked poultry or poultry shall be so handled to assure that the product is not
recontaminated by indirect contact with raw product. To prevent indirect
contamination of the cooked product, establishments shall:
| 1. |
Any work surface, machine, or tool which
contacts raw product shall be thoroughly cleaned and sanitized with a solution
germicidally equivalent to 55 ppm chlorine before it contacts cooked
product; |
| 2. |
Employees shall wash
their hands and sanitize them with a solution germicidally equivalent to 50 ppm
chlorine whenever they enter the heat processed product area or before
preparing to handle cooked product, and as frequently as necessary during
operations to avoid product contamination; and |
| 3. |
Outer garments, including aprons, smocks,
and gloves shall be especially identified as restricted for use in cooked
product areas only, changed at least daily, and hung in a designated location
when the employee leaves the area. |
|
| (e) |
Cooked product shall not be stored in the
same room as raw product unless it is first packaged in a sealed, watertight
container or is otherwise protected by a covering that has been approved, upon
written request, by the District Supervisor. |
|
| (1) |
License and hearing provisions:
| (a) |
Section 5 of Act No. 453, Georgia Laws
1956, Page 748, provides that no person shall operate an abattoir or meat or
poultry processing plant in the State of Georgia without first obtaining a
license from the Commissioner of Agriculture. The license fee is $10.00 per
year with renewal each January 1 at the rate of $10.00. The license fee is
valid from January 1st to December 31st of each year; |
| (b) |
No license will be issued to any person,
corporation, agent, packer, or meat processor, to engage in the business of
slaughtering animals and processing meat for use as human food unless he
conforms strictly to all regulations set forth herein and promulgated by the
Commissioner of Agriculture; |
| (c) |
When sufficient evidence exists that any rule in this chapter has been
violated, the party incriminated shall be subject to citation for hearing
before the Commissioner of Agriculture. Procedure for such hearing shall be
conducted as provided by law. |
|
| (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. |
