October 18, 2005
Volume 1 Issue 32

More Regulations and more Companies need to comply.

In our previous issue we had discussed and explained who the Federal Meat Inspection Act, the Poultry Products Inspection Act, and Egg Products Inspection Act pertained too.  Under these Acts, there is an explanation of “what food” the USDA has jurisdiction over.  It is explained exactly in the Code of Federal Regulations by the word AMENABILITY.  You can read the entire meaning of the word at FSIS Policies website, CLICK HERE, under Amenability, but here it is summed up below.

WHAT: 

Amenable:  It is under USDA jurisdiction if:

• The meat/poultry are 2% or more of cooked
• The meat/poultry are 3% or more of raw

Non-Amenable: It is under FDA jurisdiction if:

• The meat/poultry are less than 2% of cooked

• The meat/poultry are less than 3% of raw

In our last issue, we specifically talked about Title 21 of the Code of Federal Regulations, which is Food and Drug; however with digging deeper into our research, we have discovered a whole new set of regulations that go beyond just the processors.   

In Title 9 marked as Animal and Animal Products, under the Code of Federal Regulations, there are more companies involved that have to abide to the USDA/FSIS policies and regulations.

WHO:  Title 9, Section 320.1 a

1. Any person that engages, for commerce, in the business of
   slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;
2. Any person that engages in the ****business of buying or selling (as a meat broker, wholesaler, or otherwise), or transporting in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals;
3. Any person that engages in business, in or for commerce, as a
   renderer, or engages in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.

WHEN: 

The Code of Federal Regulations is consistently updating every year.  Title 21 was last updated on April 1, 2005, and Title 9 was last updated January 1, 2005.  This means these regulations have been in effect!

WHAT RECORDS:

The required records are:

1. Records, such as bills of sale, invoices, bills of lading, and
   receiving and shipping papers, giving the following information with respect to each transaction in which any livestock or carcass, part thereof, meat or meat food product is purchased, sold, shipped, received, transported, or otherwise handled by said person in connection with any business subject to the Act:

    

   a)  The name or description of the livestock or article;

   b)  The net weight of the livestock or article;

   c)  The number of outside containers (if any);

   d)  The name and address of the buyer of livestock or article sold by such person, and the name and address of the seller of livestock or articles purchased by such person;

   e)  The name and address of the consignee or receiver (if other than the buyer);

   f)   The method of shipment;

   g)  The date of shipment; and

   h)  The name and address of the carrier.

   i)   In the case of a person belonging to the class specified in paragraph (a)(1), and engaged, for commerce, in the business of slaughtering any swine for use as human or animal food, the name and address (including the city and state, or the township, county, and state) of each person from whom the person belonging to the class so specified purchased or otherwise obtained each swine, and the telephone number, if available, of the person from whom the swine were purchased or otherwise obtained, and all serial numbers and other approved means of identification appearing on all test swine selected at antemortem inspection by FSIS representatives for residue testing.

    

2. Shipper's certificates and permits required to be kept by
   shippers and carriers of articles under part 325 of this subchapter.
3. A record of seal numbers required to be kept by consignees of
   inedible products shipped under unofficial seals under Sec. 325.11(b) or (e) of this subchapter, and a record of new consignees of inedible products diverted under Sec. 325.11(e) of this subchapter.
4. [Reserved]
5. Guaranties provided by suppliers of packaging materials under
   Sec. 317.20.
6. Records of canning as required by subpart G of this subchapter A, 9 CFR chapter III.
7. Sample results and calculation results as required by processing procedures to destroy trichinae in Sec. 318.10(c)(3)(iv) (Methods 5 and 6).
8. Records of nutrition labeling as required by subpart B, part
   317, of this subchapter.
9. Records as required in Sec. 318.23(b) and (c).
10. Records documenting the development, implementation, and
    maintenance of procedures for the control of the production process using advanced meat/bone separation machinery and meat recovery systems as required by Sec. 318.24 of this subchapter.
11. Records of all labeling, along with the product formulation and
    processing procedures, as prescribed in Sec. 317.4 and Sec. 317.5.
     

****So, let's put this in English.  It looks like not only you broken case guys, but all wholesalers are responsible for the data, but as far as we can tell serialized inventory is not required by the wholesaler.  Remember this is our opinion, not a legal opinion.  In our next issue we will contact some legal experts and get their opinion on this matter.

Also, in our next issue, we will review the USDA/FSIS guidelines for recall and what this can mean to your business. 

Be Aware to AVOID SEVERE COSTS

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