Code of Federal Regulations: 21 CFR 1240 CONTROL OF COMMUNICABLE DISEASES

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[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240]

[Page 670]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart A--General Provisions

Sec.
1240.3 General definitions.
1240.10 Effective bactericidal treatment.

Subpart B--Administrative Procedures

1240.20 Issuance and posting of certificates following inspections.
1240.30 Measures in the event of inadequate local control.
1240.45 Report of disease.

Subpart C [Reserved]

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

1240.60 Molluscan shellfish.
1240.61 Mandatory pasteurization for all milk and milk products in
final package form intended for direct human consumption.
1240.62 Turtles intrastate and interstate requirements.
1240.65 Psittacine birds.
1240.75 Garbage.

Subpart E--Source and Use of Potable Water

1240.80 General requirements for water for drinking and culinary
purposes.
1240.83 Approval of watering points.
1240.86 Protection of pier water system.
1240.90 Approval of treatment aboard conveyances.
1240.95 Sanitation of water boats.

Authority: 42 U.S.C. 216, 243, 264, 271.

Cross References: For Department of Health and Human Services
regulations relating to foreign quarantine, sanitation measures, and
control of communicable diseases, see Centers for Disease Control's
requirements as set forth in 42 CFR parts 71 and 72.

Source: 40 FR 5620, Feb. 6, 1975, unless otherwise noted.

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.3]

[Page 670-671]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart A--General Provisions

Sec. 1240.3 General definitions.

As used in this part, terms shall have the following meaning:
(a) Bactericidal treatment. The application of a method or substance
for the destruction of pathogens and other organisms as set forth in
Sec. 1240.10.
(b) Communicable diseases. Illnesses due to infectious agents or
their toxic products, which may be transmitted from a reservoir to a
susceptible host either directly as from an infected person or animal or
indirectly through the agency of an intermediate plant or animal host,
vector, or the inanimate environment.
(c) Communicable period. The period or periods during which the
etiologic agent may be transferred directly or indirectly from the body
of the infected person or animal to the body of another.
(d) Contamination. The presence of a certain amount of undesirable
substance or material, which may contain pathogenic microorganisms.
(e) Conveyance. Conveyance means any land or air carrier, or any
vessel as defined in paragraph (n) of this section.
(f) Garbage. (1) The solid animal and vegetable waste, together with
the natural moisture content, resulting from the handling, preparation,
or consumption of foods in houses, restaurants, hotels, kitchens, and
similar establishments, or (2) any other food waste containing pork.
(g) Incubation period. The period between the implanting of disease
organisms in a susceptible person and the appearance of clinical
manifestation of the disease.
(h) Interstate traffic. (1) The movement of any conveyance or the
transportation of persons or property, including any portion of such
movement or transportation which is entirely within a State or
possession,
(i) From a point of origin in any State or possession to a point of
destination in any other State or possession, or
(ii) Between a point of origin and a point of destination in the
same State or possession but through any other State, possession, or
contiguous foreign country.

[[Page 671]]

(2) Interstate traffic does not include the following:
(i) The movement of any conveyance which is solely for the purpose
of unloading persons or property transported from a foreign country, or
loading persons or property for transportation to a foreign country.
(ii) The movement of any conveyance which is solely for the purpose
of effecting its repair, reconstruction, rehabilitation, or storage.
(i) Milk. Milk is the product defined in Sec. 131.110 of this
chapter.
(j) Milk products. Food products made exclusively or principally
from the lacteal secretion obtained from one or more healthy milk-
producing animals, e.g., cows, goats, sheep, and water buffalo,
including, but not limited to, the following: lowfat milk, skim milk,
cream, half and half, dry milk, nonfat dry milk, dry cream, condensed or
concentrated milk products, cultured or acidified milk or milk products,
kefir, eggnog, yogurt, butter, cheese (where not specifically exempted
by regulation), whey, condensed or dry whey or whey products, ice cream,
ice milk, other frozen dairy desserts and products obtained by modifying
the chemical or physical characteristics of milk, cream, or whey by
using enzymes, solvents, heat, pressure, cooling, vacuum, genetic
engineering, fractionation, or other similar processes, and any such
product made by the addition or subtraction of milkfat or the addition
of safe and suitable optional ingredients for the protein, vitamin, or
mineral fortification of the product.
(k) Minimum heat treatment. The causing of all particles in garbage
to be heated to a boiling temperature and held at that temperature for a
period of not less than 30 minutes.
(l) Possession. Any of the possessions of the United States,
including Puerto Rico and the Virgin Islands.
(m) Potable water. Water which meets the standards prescribed in the
Environmental Protection Agency's Primary Drinking Water Regulations as
set forth in 40 CFR part 141 and the Food and Drug Administration's
sanitation requirements as set forth in this part and part 1250 of this
chapter.
(n) State. Any State, the District of Columbia, Puerto Rico and the
Virgin Islands.
(o) Utensil. Includes any kitchenware, tableware, glassware,
cutlery, containers, or equipment with which food or drink comes in
contact during storage, preparation, or serving.
(p) Vessel. Any passenger-carrying, cargo, or towing vessel
exclusive of:
(1) Fishing boats including those used for shell-fishing;
(2) Tugs which operate only locally in specific harbors and adjacent
waters;
(3) Barges without means of self-propulsion;
(4) Construction-equipment boats and dredges; and
(5) Sand and gravel dredging and handling boats.
(q) Watering point. The specific place or water boat from which
potable water is loaded on a conveyance.
(r) Molluscan shellfish. Any edible species of fresh or frozen
oysters, clams, mussels, and scallops or edible portions thereof, except
when the product consists entirely of the shucked adductor muscle.
(s) Certification number means a unique combination of letters and
numbers assigned by a shellfish control authority to a molluscan
shellfish processor.
(t) Shellfish control authority means a Federal, State, or foreign
agency, or sovereign tribal government, legally responsible for the
administration of a program that includes activities such as
classification of molluscan shellfish growing areas, enforcement of
molluscan shellfish harvesting controls, and certification of molluscan
shellfish processors.
(u) Tag means a record of harvesting information attached to a
container of shellstock by the harvester or processor.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983; 57
FR 57344, Dec. 4, 1992; 60 FR 65201, Dec. 18, 1995]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.10]

[Page 671-672]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart A--General Provisions

Sec. 1240.10 Effective bactericidal treatment.

Whenever, under the provisions of this part, bactericidal treatment
is required, it shall be accomplished by one or more of the following
methods:

[[Page 672]]

(a) By immersion of the utensil or equipment for at least 2 minutes
in clean hot water at a temperature of at least 170 deg.F or for one-
half minute in boiling water;
(b) By immersion of the utensil or equipment for at least 2 minutes
in a lukewarm chlorine bath containing at least 50 ppm of available
chlorine if hypochlorites are used or a concentration of equal
bactericidal strength if chloramines are used;
(c) By exposure of the utensil or equipment in a steam cabinet at a
temperature of at least 170 deg.F for at least 15 minutes or at a
temperature of 200 deg.F for at least 5 minutes;
(d) By exposure of the utensil or equipment in an oven or hot air
cabinet at a temperature of at least 180 deg.F for at least 20 minutes;
(e) In the case of utensils or equipment so designed or installed as
to make immersion or exposure impractical, the equipment may be treated
for the prescribed periods of time either at the temperatures or with
chlorine solutions as specified above, (1) with live steam from a hose
if the steam can be confined, (2) with boiling rinse water, or (3) by
spraying or swabbing with chlorine solution;
(f) Any other method determined by the Commissioner of Food and
Drugs, upon application of an owner or operator of a conveyance, to be
effective to prevent the spread of communicable disease.

[40 FR 5620, Feb. 6, 1975, as amended at 54 FR 24900, June 12, 1989]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.20]

[Page 672]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart B--Administrative Procedures

Sec. 1240.20 Issuance and posting of certificates following inspections.

The Commissioner of Food and Drugs may issue certificates based upon
inspections provided for in this part and part 1250. Such certificates
shall be prominently posted on conveyances.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.30]

[Page 672]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart B--Administrative Procedures

Sec. 1240.30 Measures in the event of inadequate local control.

Whenever the Commissioner of Food and Drugs determines that the
measures taken by health authorities of any State or possession
(including political subdivisions thereof) are insufficient to prevent
the spread of any of the communicable diseases from such State or
possession to any other State or possession, he may take such measures
to prevent such spread of the diseases as he deems reasonably necessary,
including inspection, fumigation, disinfection, sanitation, pest
extermination, and destruction of animals or articles believed to be
sources of infection.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.45]

[Page 672]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart B--Administrative Procedures

Sec. 1240.45 Report of disease.

The master of any vessel or person in charge of any conveyance
engaged in interstate traffic, on which a case or suspected case of a
communicable disease develops shall, as soon as practicable, notify the
local health authority at the next port of call, station, or stop, and
shall take such measures to prevent the spread of the disease as the
local health authority directs.

Subpart C [Reserved]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.60]

[Page 672-673]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

Sec. 1240.60 Molluscan shellfish.

(a) A person shall not offer for transportation, or transport, in
interstate traffic any molluscan shellfish handled or stored in such an
insanitary manner, or grown in an area so contaminated, as to render
such molluscan shellfish likely to become agents in, and their
transportation likely to contribute to the spread of communicable
disease from one State or possession to another.
(b) All shellstock shall bear a tag that discloses the date and
place they were harvested (by State and site), type and quantity of
shellfish, and by whom they were harvested (i.e., the identification
number assigned to the harvester by the shellfish control authority,
where applicable or, if such identification numbers are not assigned,
the name of the harvester or the name or registration number of the
harvester's vessel). In place of the tag,

[[Page 673]]

bulk shellstock shipments may be accompanied by a bill of lading or
similar shipping document that contains the same information.
(c) All containers of shucked molluscan shellfish shall bear a label
that identifies the name, address, and certification number of the
packer or repacker of the molluscan shellfish.
(d) Any molluscan shellfish without such a tag, shipping document,
or label, or with a tag, shipping document, or label that does not bear
all the information required by paragraphs (b) and (c) of this section,
shall be subject to seizure or refusal of entry, and destruction.

[40 FR 5620, Feb. 6, 1975, as amended at 60 FR 65202, Dec. 18, 1995]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.61]

[Page 673]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

Sec. 1240.61 Mandatory pasteurization for all milk and milk products in final package form intended for direct human consumption.

(a) No person shall cause to be delivered into interstate commerce
or shall sell, otherwise distribute, or hold for sale or other
distribution after shipment in interstate commerce any milk or milk
product in final package form for direct human consumption unless the
product has been pasteurized or is made from dairy ingredients (milk or
milk products) that have all been pasteurized, except where alternative
procedures to pasteurization are provided for by regulation, such as in
part 133 of this chapter for curing of certain cheese varieties.
(b) Except as provided in paragraphs (c) and (d) of this section,
the terms "pasteurization," "pasteurized," and similar terms shall
mean the process of heating every particle of milk and milk product in
properly designed and operated equipment to one of the temperatures
given in the following table and held continuously at or above that
temperature for at least the corresponding specified time:

------------------------------------------------------------------------
Temperature Time
------------------------------------------------------------------------
145 deg.F (63 deg.C) \1\.............. 30 minutes.
161 deg.F (72 deg.C) \1\.............. 15 seconds.
191 deg.F (89 deg.C).................. 1 second.
------------------------------------------------------------------------
\1\ If the fat content of the milk product is 10 percent or more, or if
it contains added sweeteners, the specified temperature shall be
increased by 5 deg.F (3 deg.C).

------------------------------------------------------------------------
Temperature Time
------------------------------------------------------------------------
194 deg.F (90 deg.C).................. 0.5 second.
201 deg.F (94 deg.C).................. 0.1 second.
204 deg.F (96 deg.C).................. 0.05 second.
212 deg.F (100 deg.C)................. 0.01 second.
------------------------------------------------------------------------

(d) Neither paragraph (b) nor (c) of this section shall be construed
as barring any other pasteurization process that has been recognized by
the Food and Drug Administration to be equally efficient in the
destruction of microbial organisms of public health significance.

[52 FR 29514, Aug. 10, 1987, as amended at 57 FR 57344, Dec. 4, 1992]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.62]

[Page 673-675]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

Sec. 1240.62 Turtles intrastate and interstate requirements.

(a) Definition. As used in this section the term "turtles"
includes all animals commonly known as turtles, tortoises, terrapins,
and all other animals of the order Testudinata, class Reptilia, except
marine species (families Dermachelidae and Chelonidae).
(b) Sales; general prohibition. Except as otherwise provided in this
section, viable turtle eggs and live turtles with a carapace length of
less than 4 inches shall not be sold, held for sale, or offered for any
other type of commercial or public distribution.
(c) Destruction of turtles or turtle eggs; criminal penalties. (1)
Any viable turtle eggs or live turtles with a carapace length of less
than 4 inches which are held for sale or offered for any other type of
commercial or public distribution shall be subject to destruction in a
humane manner by or under the supervision of an officer or employee of
the Food and Drug Administration in accordance with the following
procedures:
(i) Any District Office of the Food and Drug Administration, upon
detecting viable turtle eggs or live turtles with a carapace length of
less than 4 inches which are held for sale or offered for any other type
of commercial

[[Page 674]]

or public distribution, shall serve upon the person in whose possession
such turtles or turtle eggs are found a written demand that such turtles
or turtle eggs be destroyed in a humane manner under the supervision of
said District Office, within 10 working days from the date of
promulgation of the demand. The demand shall recite with particularity
the facts which justify the demand. After service of the demand, the
person in possession of the turtles or turtle eggs shall not sell,
distribute, or otherwise dispose of any of the turtles or turtle eggs
except to destroy them under the supervision of the District Office,
unless and until the Director of the Center for Food Safety and Applied
Nutrition withdraws the demand for destruction after an appeal pursuant
to paragraph (c)(1)(ii) of this section.
(ii) The person on whom the demand for destruction is served may
either comply with the demand or, within 10 working days from the date
of its promulgation, appeal the demand for destruction to the Director
of the Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. The
demand for destruction may also be appealed within the same period of 10
working days by any other person having a pecuniary interest in such
turtles or turtle eggs. In the event of such an appeal, the Center
Director shall provide an opportunity for hearing by written notice to
the appellant(s) specifying a time and place for the hearing, to be held
within 14 days from the date of the notice but not within less than 7
days unless by agreement with the appellant(s).
(iii) Appearance by any appellant at the hearing may be by mail or
in person, with or without counsel. The hearing shall be conducted by
the Center Director or his designee, and a written summary of the
proceedings shall be prepared by the person presiding. Any appellant
shall have the right to hear and to question the evidence on which the
demand for destruction is based, including the right to cross-examine
witnesses, and he may present oral or written evidence in response to
the demand.
(iv) If, based on the evidence presented at the hearing, the Center
Director finds that the turtles or turtle eggs were held for sale or
offered for any other type of commercial or public distribution in
violation of this section, he shall affirm the demand that they be
destroyed under the supervision of an officer or employee of the Food
and Drug Administration; otherwise, the Center Director shall issue a
written notice that the prior demand by the District Office is
withdrawn. If the Center Director affirms the demand for destruction he
shall order that the destruction be accomplished in a humane manner
within 10 working days from the date of the promulgation of his
decision. The Center Director's decision shall be accompanied by a
statement of the reasons for the decision. The decision of the Center
Director shall constitute final agency action, reviewable in the courts.
(v) If there is no appeal to the Director of the Center for Food
Safety and Applied Nutrition from the demand by the Food and Drug
Administration District Office and the person in possession of the
turtles or turtle eggs fails to destroy them within 10 working days, or
if the demand is affirmed by the Director of the Center for Food Safety
and Applied Nutrition after an appeal and the person in possession of
the turtles or turtle eggs fails to destroy them within 10 working days,
the District Office shall designate an officer or employee to destroy
the turtles or turtle eggs. It shall be unlawful to prevent or to
attempt to prevent such destruction of turtles or turtle eggs by the
officer or employee designated by the District Office. Such destruction
will be stayed if so ordered by a court pursuant to an action for review
in the courts as provided in paragraph (c)(1)(iv) of this section.
(2) Any person who violates any provision of this section, including
but not limited to any person who sells, offers for sale, or offers for
any other type of commercial or public distribution viable turtle eggs
or live turtles with a carapace length of less than 4 inches, or who
refuses to comply with a valid final demand for destruction of turtles
or turtle eggs (either an unappealed demand by an FDA District Office or
a demand which has been affirmed by the Director of the Center for Food
Safety

[[Page 675]]

and Applied Nutrition pursuant to appeal), or who fails to comply with
the requirement in such a demand that the manner of destruction be
humane, shall be subject to a fine of not more than $1,000 or
imprisonment for not more than 1 year, or both, for each violation, in
accordance with section 368 of the Public Health Service Act (42 U.S.C.
271).
(d) Exceptions. The provisions of this section are not applicable
to:
(1) The sale, holding for sale, and distribution of live turtles and
viable turtle eggs for bona fide scientific, educational, or
exhibitional purposes, other than use as pets.
(2) The sale, holding for sale, and distribution of live turtles and
viable turtle eggs not in connection with a business.
(3) The sale, holding for sale, and distribution of live turtles and
viable turtle eggs intended for export only, provided that the outside
of the shipping package is conspicuously labeled "For Export Only."
(4) Marine turtles excluded from this regulation under the
provisions of paragraph (a) of this section and eggs of such turtles.
(e) Petitions. The Commissioner of Food and Drugs, either on his own
initiative or on behalf of any interested person who has submitted a
petition, may publish a proposal to amend this regulation. Any such
petition shall include an adequate factual basis to support the
petition, and will be published for comment if it contains reasonable
grounds for the proposed regulation. A petition requesting such a
regulation, which would amend this regulation, shall be submitted to the
Dockets Management Branch, Food and Drug Administration, rm. 1-23, 12420
Parklawn Dr., Rockville, MD 20857.

[40 FR 22545, May 23, 1975, as amended at 46 FR 8461, Jan. 27, 1981; 48
FR 11431, Mar. 18, 1983; 54 FR 24900, June 12, 1989; 59 FR 14366, Mar.
28, 1994; 66 FR 56035, Nov. 6, 2001]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.65]

[Page 675]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

Sec. 1240.65 Psittacine birds.

(a) The term psittacine birds shall include all birds commonly known
as parrots, Amazons, Mexican double heads, African grays, cocatoos,
macaws, parakeets, love birds, lories, lorikeets, and all other birds of
the psittacine family.
(b) No person shall transport, or offer for transportation, in
interstate traffic any psittacine bird unless the shipment is
accompanied by a permit from the State health department of the State of
destination where required by such department.
(c) Whenever the Surgeon General finds that psittacine birds or
human beings in any area are infected with psittacosis and there is such
danger of transmission of psittacosis from such area as to endanger the
public health, he may declare it an area of infection. No person shall
thereafter transport, or offer for transportation, in interstate traffic
any psittacine bird from such area, except shipments authorized by the
Surgeon General for purposes of medical research and accompanied by a
permit issued by him, until the Surgeon General finds that there is no
longer any danger of transmission of psittacosis from such area. As used
in this paragraph, the term "area" includes, but is not limited to,
specific premises or buildings.

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.75]

[Page 675]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart D--Specific Administrative Decisions Regarding Interstate
Shipments

Sec. 1240.75 Garbage.

(a) A person shall not transport, receive, or cause to be
transported or received, garbage in interstate traffic and feed such
garbage to swine unless, prior to the feeding, such garbage has received
minimum heat treatment.
(b) A person transporting garbage in interstate traffic shall not
make, or agree to make, delivery thereof to any person with knowledge of
the intent or customary practice of such person to feed to swine garbage
which has not been subjected to minimum heat treatment.

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.80]

[Page 675-676]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart E--Source and Use of Potable Water

Sec. 1240.80 General requirements for water for drinking and culinary purposes.

Only potable water shall be provided for drinking and culinary
purposes by any operator of a conveyance engaged in interstate traffic,
except as provided in Sec. 1250.84(b) of this chapter. Such water shall
either have been obtained from watering points approved by the

[[Page 676]]

Commissioner of Food and Drugs, or, if treated aboard a conveyance,
shall have been subjected to treatment approved by the Commissioner of
Food and Drugs.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.83]

[Page 676]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart E--Source and Use of Potable Water

Sec. 1240.83 Approval of watering points.

(a) The Commissioner of Food and Drugs shall approve any watering
point if (1) the water supply thereat meets the standards prescribed in
the Environmental Protection Agency's Primary Drinking Water Regulations
as set forth in 40 CFR part 141, and (2) the methods of and facilities
for delivery of such water to the conveyance and the sanitary conditions
surrounding such delivery prevent the introduction, transmission, or
spread of communicable diseases.
(b) The Commissioner of Food and Drugs may base his approval or
disapproval of a watering point upon investigations made by
representatives of State departments of health or of the health
authorities of contiguous foreign nations.
(c) If a watering point has not been approved, the Commissioner of
Food and Drugs may permit its temporary use under such conditions as, in
his judgment, are necessary to prevent the introduction, transmission,
or spread of communicable diseases.
(d) Upon request of the Commissioner of Food and Drugs, operators of
conveyances shall provide information as to watering points used by
them.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983; 48
FR 13978, Apr. 1, 1983]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.86]

[Page 676]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart E--Source and Use of Potable Water

Sec. 1240.86 Protection of pier water system.

No vessel engaged in interstate traffic shall make a connection
between its nonpotable water system and any pier potable water system
unless provisions are made to prevent backflow from the vessel to the
pier.

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.90]

[Page 676]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart E--Source and Use of Potable Water

Sec. 1240.90 Approval of treatment aboard conveyances.

(a) The treatment of water aboard conveyances shall be approved by
the Commissioner of Food and Drugs if the apparatus used is of such
design and is so operated as to be capable of producing and in fact does
produce, potable water.
(b) The Commissioner of Food and Drugs may base his approval or
disapproval of the treatment of water upon investigations made by
representatives of State departments of health or of the health
authorities of contiguous foreign nations.
(c) Overboard water treated on vessels shall be from areas
relatively free of contamination and pollution.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983]

[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.95]

[Page 676]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)

PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents

Subpart E--Source and Use of Potable Water

Sec. 1240.95 Sanitation of water boats.

No vessel engaged in interstate traffic shall obtain water for
drinking and culinary purposes from any water boat unless the tanks,
piping, and other appurtenances used by the water boat in the loading,
transportation, and delivery of such drinking and culinary water, have
been approved by the Commissioner of Food and Drugs.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983]

Food Code 2001

FDA/Center for Food Safety & Applied Nutrition