603-029-1105 Reinspection, Retention, and Disposal of Meat and Poultry Products at State-Inspected Establishments (1) All products and all slaughtered poultry and poultry products brought into any state-inspected establishment shall be identified by the operator of the state-inspected establishment at the time of receipt at the state-inspected establishment and shall be subject to reinspection by a Department employee at the state-inspected establishment in such manner and at such times as may be deemed necessary to assure compliance with the Federal Meat Inspection Act and Poultry Products Inspection Act or these Division 29 rules. (2) All products, whether fresh, cured, or otherwise prepared, even though previously inspected and passed, shall be reinspected by Department employees as often as they may deem necessary in order to ascertain that they are not adulterated or misbranded at the time they enter or leave state-inspected establishments and that the requirements of the rules in this Division are complied with. (3) Reinspection may be accomplished through use of statistically sound sampling plans that assure a high level of confidence. The supervisor shall designate the type of plan and the Department employee shall select the specific plan to be used in accordance with instructions issued by the Department.1 Further information concerning sampling plans which have been adopted for specific products may be obtained from a supervisor. These sampling plans are developed for individual products by the Department and will be distributed for field use as they are developed. The type of plan applicable depends on factors such as whether the product is in containers, stage of preparation, and procedures followed by the establishment operator. The specific plan applicable depends on the kind of product involved, such as liver, oxtails, etc. (4) An Oregon Retained tag shall be placed by a Department employee at the time of reinspection at any state-inspected 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 Department 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 ineligible under the rules in this Division, shall be removed or defaced and the product will be subject to condemnation and disposal in accordance with OAR 603-029-0800 to 603-029-0850, 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 or misbranded and shall then be presented for reinspection and disposal in accordance with this rule. If upon final inspection, the product is found to be neither adulterated nor misbranded, the inspector shall remove the Oregon Retained tag. If a product is found upon reinspection to be misbranded, it shall be held under a Oregon Retained tag, or an Oregon Detained tag as provided in OAR 603-029-1500 to 603-029-1520, pending correction of the misbranding, a withholding action, a regulatory control action, or other appropriate action. The inspector shall make a complete record of each transaction under this section and shall report that action to the Supervisor. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022