FSIS NOTICE |
53-04 |
10/20/04 |
FSIS Has Extended The Expiration Date For This Notice To May 1, 2008
POLICY FOR MOVEMENT OF PRODUCT
BETWEEN CUSTOM EXEMPT FACILITIES
The purpose of this notice is to
explain the conditions under which custom exempt
products can be transported between custom exempt
facilities and reiterate policies related to
Specified Risk Materials (SRMs) as defined in 9 CFR
310.22(a).
Transporting Custom Exempt
Product Between Facilities
Section 23(a) of the Federal Meat Inspection Act (21 U.S.C.
623(a)) and the regulations at 9 CFR 303.1(a)(2)
exempt from inspection the custom slaughtering of
animals that are delivered by the owner of the
animals and are exclusively for the use by the owner
and members of his or her household and nonpaying
guests and employees. Custom exempt products are to
be plainly marked "Not for Sale" as outlined in 9 CFR
316.16 immediately after being prepared and are to be
kept so identified until delivered to the owner. As
set out in 9 CFR 303.1(b)(4) "..articles capable of
use as human food, resulting from the exempted custom
slaughter ..shall be promptly denatured and not
removed from the establishment where the custom
operations are conducted until so identified, unless
they are delivered to the owner of the articles for
use in accordance with paragraph (a)(2) of this
section. "
Therefore, if an owner wishes to
move custom exempt product from one custom exempt
establishment to another for further processing, the
owner must demonstrably be in control of the product,
either by having direct physical control or by giving
written direction to the custom facility owner or
operator to move the product.
If the custom
exempt facility is transporting product, Office of
Field Operations (OFO) personnel will verify that the
facility has records that demonstrate that the
product was or is being transported at the product
owner´s direction (9 CFR 303.1(b)(3) and part 320).
OFO personnel also will verify that the receiving
custom exempt facility also maintains records to
verify the owner´s control.
Custom Exempt Products and SRMs
As set out in 9 CFR 310.22(a) the
following SRMs are adulterants in all cattle:
- The tonsils (See
FSIS Notice 50-04, Bovine
Spongiform Encephalopathy (BSE) Issues Relating to
Tonsils and Brain Collection and the Interactive
Knowledge Exchange (IKE) Scenario 06-04)
- The distal ileum (the rest of the small intestine must
be removed), and
- For cattle 30 months of age and older:
- The head - skull, eyes, brain, and
trigeminal ganglia are SRMs
- The vertebral column - spinal cord and
dorsal root ganglia (DRG) are SRMs
The regulation 9 CFR 303.1(b)(1) states that "exempted
custom prepared products .. shall not be adulterated as
defined in paragraph 1(m) of the Federal Meat
Inspection Act." Therefore, custom exempt product
cannot contain SRMs.
NOTE: Unless a custom exempt
facility can demonstrate that the vertebral columns
from cattle slaughtered or produced are from cattle
younger than 30 months of age, the head (skull, eyes,
brain, and trigeminal ganglia) and the vertebral
column cannot be processed because these parts would
adulterate the product.
If one custom-exempt facility needs to transport
carcasses with SRMs for removal and further
processing to another custom exempt facility, it may
do so if the owner directs in writing that this
movement occurs. Each custom facility should have a
copy of the owner´s written communication as evidence
of the owner´s continuing control.
ENFORCEMENT
If inspection program personnel find that custom exempt facilities cannot verify the owner´s control, they are to notify the District Office through supervisory channels and provide the evidence to support their findings. The District Office will take the necessary follow-up actions, including referring allegations to the appropriate Compliance and Investigation Division (CID) Regional Director under the Office of Program, Evaluation, Enforcement, and Review (OPEER) for investigation or case disposition.
If inspection program personnel find it necessary
to detain product, they are to do so in accordance
with FSIS Directive 8410.1, Revision 2.
Direct
any questions to the Technical Service Center.
Philip S. Derfler /s/
Assistant Administrator
Office of Policy, Program, and Employee Development
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DISTRIBUTION: Inspection Offices; T/A
Inspectors; Plant Mgt; TRA; ABB; TSC; Import
Offices |
NOTICE EXPIRES: 11-1-05 |
OPI: OPPED |
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