New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter H - Unit Pricing › Article 1 - MEAT AND MEAT PRODUCTS › Part 318 - ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION OF PRODUCTS › Section 318.2 - Reinspection, retention and disposal of meat and poultry products at official establishments

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 96-z-34
(a) All products and all slaughtered poultry
					 and poultry products brought into any official establishment shall be
					 identified by the operator of the official establishment and shall be subject
					 to reinspection at the time of receipt at the official establishment by a
					 department employee at the official establishment in such manner and at such
					 times as may be deemed necessary to assure compliance with the regulations in
					 this Subchapter.
(b) 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 official establishments and that the
					 requirements of the regulations in this Article are complied with.
(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
					 department employee shall select the specific plan to be used in accordance
					 with instructions issued by the commissioner.
(d) A NYSDA&M retained tag shall be
					 placed by a department 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 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 regulations in this Subchapter, shall be
					 removed or defaced and the product will be subject to condemnation and disposal
					 in accordance with Part 314 of this Article, 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 section. If
					 upon final inspection, the product is found to be neither adulterated nor
					 misbranded, the inspector shall remove the NYSDA&M retained tag. If a
					 product is found upon reinspection to be misbranded, it shall be held under a
					 NYSDA&M retained tag, pending correction of the misbranding. The inspector
					 shall make a complete record of each transaction under this subdivision and
					 shall report his action to the officer in charge.