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. |
