New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter G - Inspection of Meat, Meat Products and Poultry (Article 5-B Agriculture and Markets Law) › Article 1 - Meat and Meat Products › Part 318 - Entry Into Official Establishments; Reinspection And Preparation Of Products › Section 318.1 - Products and other articles entering official establishments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 otherwise provided in subdivisions (g) and (h) of this section, or section
					 318.12 
					 of this Part, 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 department employee, and is identified by an official
					 inspection legend as so inspected and passed or prepared in an establishment
					 operating under Federal inspection and is identified as "U.S. Inspected and
					 Passed". Notwithstanding the foregoing provisions of this section, product
					 imported in accordance with the import requirements of the Federal Meat
					 Inspection Act and regulations pursuant thereto and so identified, may enter
					 any official establishment subject in other respects to the same restrictions
					 as apply to domestic product. Products received in an official establishment
					 during the department employees absence shall be identified and maintained in a
					 manner acceptable to such employee. Product entering any official establishment
					 shall not be used or prepared thereat until it has been reinspected in
					 accordance with section
					 318.2 
					 of this Part. Any product originally prepared at any official establishment may
					 not be returned into any part of such establishment, except the receiving area
					 approved under section
					 318.3 
					 of this Part, until it has been reinspected by the inspector.
(b) No slaughtered poultry or poultry product
					 shall be brought into an official establishment unless it has been (1)
					 previously inspected and passed and is identified as such in accordance with
					 the requirements of the Federal Poultry Products Inspection Act (21 U.S.C.
					 451 et seq.) and the regulations thereunder,
					 and has not been prepared other than in an establishment inspected under said
					 act, or (2) has been inspected and passed and is identified as such in
					 accordance with the requirements of article 5-D of the Agriculture and Markets
					 Law and the regulations promulgated thereunder.
(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 Part or Part 317 of this Article and a list of ingredients
					 in the article if composed of two or more ingredients: provided, that in the
					 case of articles received in tank car lots, only one such label shall be used
					 to identify each lot. In addition, the label must show the name and address of
					 the shipper.
(d) Containers of
					 preparations which enter any official establishment for use in cooling or
					 retort water, in hog scalding water, or in denuding of tripe 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
					 any chemicals which are specifically limited by section
					 318.7(c)(4) 
					 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) Dyes, chemicals, or other substances the
					 use of which is restricted to certain products may be brought into or kept in
					 an official establishment only if such products are prepared thereat. No
					 prohibited dye, chemical, preservative, or other substance shall be brought
					 into or kept in an official establishment.
(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 section
					 318.6(b)(11) 
					 of this Part.
(g) Glands and
					 organs, such a cotyledons, ovaries, prostate glands, tonsils, spinal cords and
					 detached lymphatic, pineal, pituitary, parathyroid, suprarenal, pancreatic and
					 thyroid glands, used in preparing pharmaceutical, organotherapeutic, or
					 technical products and which are not used as human food (whether or not
					 prepared at official establishments) may be brought into and stored in edible
					 product departments of official establishments if packaged in suitable
					 containers so that the presence of such glands and organs will in no way
					 interfere with the maintenance of sanitary conditions or constitute an
					 interference with inspection. Glands or organs which are regarded as human food
					 products, such as livers, testicles and thymus glands, may be brought into
					 official establishment for pharmaceutical, organotherapeutic, or technical
					 purposes, only if NYSDA&M or U.S. inspected and passed and so identified.
					 Lungs and lung lobes derived from livestock slaughtered in any establishment
					 may not be brought into any official establishment except as provided in
					 subdivision
					 318.12(a).
(h) Carcasses of game animals, farm dressed
					 meat, custom slaughtered meat and custom meat by-products, may be brought into
					 an official establishment for preparation, packaging, and storing in accordance
					 with the provisions of section
					 303.1(a)(2)
					 of this Article.
(i) The operator
					 of the official establishment shall furnish such information as is necessary to
					 determine the origin of any product or other article entering the official
					 establishment. Such information shall 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.
(j) 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.