<?xml version="1.0"?>
<?xml-stylesheet type="text/xsl" href="cfr.xsl"?>
<CFRGRANULE xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="CFRMergedXML.xsd">
  <FDSYS>
    <CFRTITLE>9</CFRTITLE>
    <CFRTITLETEXT>Animals and Animal Products</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1998-01-01</DATE>
    <ORIGINALDATE>1998-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>OFFICIAL NUMBERS; INAUGURATION OF INSPECTION; WITHDRAWAL OF INSPECTION; REPORTS OF VIOLATION</TITLE>
    <GRANULENUM>305</GRANULENUM>
    <HEADING>PART 305</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="2"/>
      <PARENT HEADING="" SEQ="1"/>
      <PARENT HEADING="SUBCHAPTER A" SEQ="0">MANDATORY MEAT INSPECTION</PARENT>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 305</EAR>
    <HD SOURCE="HED">PART 305—OFFICIAL NUMBERS; INAUGURATION OF INSPECTION; WITHDRAWAL OF INSPECTION; REPORTS OF VIOLATION</HD>
    <CONTENTS>
      <SECHD>Sec.</SECHD>
      <SECTNO>305.1</SECTNO>
      <SUBJECT>Official numbers; subsidiaries and tenants.</SUBJECT>
      <SECTNO>305.2</SECTNO>
      <SUBJECT>Separation of official establishments.</SUBJECT>
      <SECTNO>305.3</SECTNO>
      <SUBJECT>Sanitation and adequate facilities.</SUBJECT>
      <SECTNO>305.4</SECTNO>
      <SUBJECT>Inauguration of inspection.</SUBJECT>
      <SECTNO>305.5</SECTNO>
      <SUBJECT>Withdrawal of inspection; statement of policy.</SUBJECT>
      <SECTNO>305.6</SECTNO>
      <SUBJECT>Reports of violations.</SUBJECT>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority: </HD>
      <P>21 U.S.C. 601-695; 7 CFR 2.17, 2.55.</P>
    </AUTH>
    <SOURCE>
      <PRTPAGE P="92"/>
      <HD SOURCE="HED">Source: </HD>
      <P>35 FR 15559, Oct. 3, 1970, unless otherwise noted.</P>
    </SOURCE>
    <SECTION>
      <SECTNO>§ 305.1</SECTNO>
      <SUBJECT>Official numbers; subsidiaries and tenants.</SUBJECT>
      <P>(a) An official number shall be assigned to each establishment granted inspection. Such number shall be used to identify all inspected and passed products prepared in the establishment. More than one number shall not be assigned to an establishment.</P>
      <P>(b) Two or more official establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof.</P>
      <P>(c) When inspection has been granted to any applicant at an establishment, it shall not be granted to any other person at the same establishment. However, persons operating as separate entities in the same building or structure may operate separate establishments therein only under their own grant of inspection. All such persons operating separate establishments in the same building or structure shall be responsible for compliance with the Act and regulations in their own establishments, which shall include common areas, e.g., hallways, stairways, and elevators.</P>
      <CITA>[35 FR 15559, Oct. 3, 1970, as amended at 40 FR 2576, Jan. 14, 1975]</CITA>
    </SECTION>
    <SECTION>
      <SECTNO>§ 305.2</SECTNO>
      <SUBJECT>Separation of official establishments.</SUBJECT>
      <P>(a) Each official establishment shall be separate and distinct from any unofficial establishment except a poultry products processing establishment operated under Federal inspection under the Poultry Products Inspection Act or under State inspection.</P>
      <P>(b) The slaughter or other preparation of products of horses, mules, or other equines required to be conducted under inspection pursuant to the regulations in this subchapter shall be done in establishments separate from any establishment in which cattle, sheep, swine, or goats are slaughtered or their products are prepared.</P>
      <P>(c) 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, wood, or similar material, and the floors, walls, and ceilings are without openings that directly or indirectly communicate with any part of the building used as living quarters.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 305.3</SECTNO>
      <SUBJECT>Sanitation and adequate facilities.</SUBJECT>
      <P>Inspection shall not be inaugurated if an establishment is not in a sanitary condition nor unless the establishment agrees to maintain a sanitary condition and provides adequate facilities for conducting such inspection.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 305.4</SECTNO>
      <SUBJECT>Inauguration of inspection.</SUBJECT>
      <P>When inspection is granted, the circuit supervisor shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of the regulations in this subchapter. 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 subchapter, the identity of the same shall be maintained, and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulations, 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 circuit supervisor may prescribe, for carrying out the purposes of this section.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 305.5</SECTNO>
      <SUBJECT>Withdrawal of inspection; statement of policy.</SUBJECT>
      <P>(a) The Administrator is authorized to withdraw inspection from an official establishment where the sanitary conditions are such that its products are rendered adulterated, or for failure of the operator to destroy condemned products as required by the Act and the regulations in this subchapter. Inspection may be withdrawn in accordance with section 401 of the Act and the applicable rules of practice.</P>

      <P>(b) The assignment of inspectors may be temporarily suspended, in whole or in part, by the Administrator to the extent it is determined necessary to <PRTPAGE P="93"/>avoid impairment of the effective conduct of the program when the operator of any official establishment or any subsidiary therein, or any officer, employee, or agent of any such operator or any subsidiary therein, acting within the scope of his office, employment, or agency, threatens to forcibly assault or forcibly assaults, intimidates, or interferes with any program employee in or on account of the performance of his official duties under the act, unless promptly upon the incident being brought by an authorized supervisor of the program employee to the attention of the operator of the establishment the operator (1) satisfactorily justifies the incident, (2) takes effective steps to prevent a recurrence, or (3) provides acceptable assurance that there will not be any recurrences. Such suspension shall remain in effect until one of such actions is taken by the operator: <E T="03">Provided,</E> That upon request of the operator he shall be afforded an opportunity for an expedited hearing to show cause why the suspension should be terminated.</P>
      <P>(c) Inspection service may be temporarily suspended, in whole or in part, at an official establishment, by the Administrator, to the extent that it is determined necessary to prevent in-humane slaughtering or handling in connection with slaughter of livestock as defined in § 301.2(kk) (9 CFR 301.2(kk)). The Administrator shall notify the operator of an establishment orally or in writing, as promptly as circumstances permit, of such suspension and the reasons therefor. Such suspension shall remain in effect until the operator of the establishment takes effective steps to prevent a recurrence, or provides other satisfactory assurances that there will not be any recurrences. Upon request, the operator shall be afforded an opportunity for a hearing to show cause why the suspension should be terminated.</P>
      <CITA>[38 FR 9794, Apr. 20, 1973, as amended at 44 FR 68813, Nov. 30, 1979; 53 FR 49848, Dec. 12, 1988]</CITA>
    </SECTION>
    <SECTION>
      <SECTNO>§ 305.6</SECTNO>
      <SUBJECT>Reports of violations.</SUBJECT>
      <P>Program employees shall report, in a manner prescribed by the Administrator, all violations of the Act or regulations in this subchapter of which they have information.</P>
    </SECTION>
  </PART>
</CFRGRANULE>
