[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362]
 
[Page 409-410]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
 
Sec.
362.1  Definitions.
362.2  Types and availability of service.
362.3  Application for service.
362.4  Denial or withdrawal of service.
362.5  Fees and charges.
 
 
[[Page 410]]
 
 
    Authority: 7 U.S.C. 1622; 7 CFR 2.18 (g) and (i) and 2.53.
 
    Source: 41 FR 23715, June 11, 1976, unless otherwise noted.
	
 
 
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362.1]
 
[Page 410]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
Sec. 362.1  Definitions.
 
    The definitions in Sec. 381.1 are incorporated in this part except 
for the definitions excluded in Sec. 362.2(a). In addition to those 
definitions, the following definitions will be applicable to the 
regulations in this part.
    (a) Act. "Act" means the Agricultural Marketing Act of 1946, as 
amended (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.).
    (b) Inspector. "Inspector" means any officer or employee of the 
Department authorized to perform any duties under the regulations in 
this part.
    (c) Person. "Person" means any individual, corporation, company, 
association, firm, partnership, society, or joint stock company, or 
other organized business unit.
    (d) Poultry. "Poultry" means any migratory water fowl or game 
bird, whether dead or alive.
    (e) Poultry Product. "Poultry product" means any poultry carcass 
or part thereof; or any human food product which is made wholly or in 
part from the carcass of any domesticated bird (as defined in 
Sec. 381.1(b) of this chapter) and is excepted from the inspection 
requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.).
 
[66 FR 22905, May 7, 2001]
 
 
 
 
 
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362.2]
 
[Page 410-411]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
Sec. 362.2  Types and availability of service.
 
    Upon application, in accordance with Sec. 362.3, the following types 
of service may be furnished under the regulations in this part:
    (a) Inspection service. An inspection and certification service for 
wholesomeness relating to the slaughter and processing of poultry and 
the processing of poultry products. All provisions of Part 381 and 
Secs. 416.1 through 416.6 of this chapter shall apply to the slaughter 
of poultry, and the preparation, labeling, and certification of the 
poultry and poultry products processed under this poultry inspection 
service except for the following provisions: the definitions of "Act," 
"animal food manufacturer," "Inspection Service," "inspector," 
"Inspector in Charge," "poultry," "poultry product," "poultry 
food product," "poultry products broker," "renderer," and "U.S. 
Refused Entry" in Secs. 381.1 (b), 381.3 (a), 381.6, 381.10, 381.13-
381.17, 381.21, 381.29, 381.39-381.42, 381.175 (a)(2), 381.175 (a)(3), 
381.179, 381.185-381.187, 381.192, and 381.195-381.225.
    (b) Export certification service. At the request of any person 
intending to export any slaughtered poultry or poultry product, 
inspectors may make certification regarding products for human food 
purposes, to be exported, as meeting conditions or standards that are 
not imposed or are in addition to those imposed by the regulations in 
this chapter and the laws under which such regulations were issued.
    (c) Identification Service. (1) Poultry or other product that is 
federally inspected and passed at an official establishment, or upon 
importation, under the Poultry Products Inspection Act, is officially 
marked to identify it as federally inspected and passed. In order to 
facilitate the division of such poultry or other product into smaller 
portions or its combination into larger units and still maintain its 
identify as product which has been federally inspected and passed and so 
marked, inspectors may supervise the handling and weighing of the 
product and mark such portions and units with the official mark of 
inspection when they determine that identify has been maintained.
    (2) At the time service is furnished, product must be sound, 
wholesome, and fit for human food. The service will be available only on 
premises other than those of an official establishment. The sanitation 
of the place or area where service is furnished must comply with 
provisions of Secs. 416.1 through 416.6 of this chapter.
    (3) The mark of inspection shall be applied only under the immediate 
supervision of an inspector.
    (4) This service does not cover further cutting and processing of 
products. These activities must take place at an official establishment.
    (5) The registration and recordkeeping requirements enumerated in 
Part 381, subpart Q, of this chapter
 
[[Page 411]]
 
shall apply to persons requesting voluntary identification service under 
this paragraph (c).
 
[66 FR 22905, May 7, 2001]
 
 
 
 
 
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362.3]
 
[Page 411]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
Sec. 362.3  Application for service.
 
    Any person who desires to receive service under the regulations in 
this part for poultry or other product eligible therefor under such 
regulations may make application for service to the Administrator, upon 
an application form which will be furnished by the Administrator upon 
request to the Meat and Poultry Inspection Program, Food Safety and 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250. The application must include all the information called for by 
that form. In case of change of name, ownership, management, or 
location, a new application shall be made.
 
(Approved by the Office of Management and Budget under control number 
0583-0036)
 
[41 FR 23715, June 11, 1976, as amended at 47 FR 746, Jan. 7, 1982]
 
 
 
 
 
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362.4]
 
[Page 411-413]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
Sec. 362.4  Denial or withdrawal of service.
 
    (a) For disciplinary reasons--(1) Bases for denial or withdrawal. An 
application or request for service may be rejected, or the benefits of 
the service may be otherwise denied to, or withdrawn from, any person 
who, or whose employee or agent in the scope of his employment or 
agency, (i) has willfully made any misrepresentation or has committed 
any other fraudulent or deceptive practice in connection with any 
application or request for service under the regulations in this 
chapter; (ii) has given or attempted to give, as a loan or for any other 
purpose, any money, favor, or other thing of value, to any employee of 
the Department authorized to perform any function under the regulations 
in this chapter; (iii) has interfered with or obstructed, or attempted 
to interfere with or to obstruct, any employee of the Department in the 
performance of his duties under the regulations in this chapter by 
intimidation, threats, assaults, abuse, or any other improper means; 
(iv) has knowingly falsely made, issued, altered, forged, or 
counterfeited any official certificate, memorandum, mark, or other 
identification, or device for making any such mark or identification 
authorized or issued under this chapter; (v) has knowingly uttered, 
published, or used as true any such falsely made, issued, altered, 
forged, or counterfeited certificate, memorandum, mark, identification, 
or device; (vi) has knowingly obtained or retained possession of any 
such falsely made, issued, altered, forged, or counterfeited 
certificate, memorandum, mark, identification, or device, or of any 
carcass or poultry or product bearing any such falsely made, issued, 
altered, forged or counterfeited certificate, memorandum, mark, or 
identification; (vii) has knowingly represented that any carcass, 
poultry, or product has been officially inspected and passed (by an 
authorized inspector) under this chapter, when it had not in fact been 
so inspected; (viii) has, within the previous ten years, been convicted 
of any felony or more than one misdemeanor under any law based upon the 
acquiring, handling, or distributing of adulterated, mislabeled, or 
deceptively packaged food, or fraud in connection with transactions in 
food, or any felony indicating a lack of the integrity needed for the 
conduct of operations affecting the public health; (ix) has in any 
manner not specified in this paragraph violated subsection 203(h) of the 
Act:
    Provided, That paragraph (a)(1)(vi) of this section shall not be 
deemed to be violated if the person in possession of any item mentioned 
therein notifies the inspector without delay that he has possession of 
such item and, in the case of an official device, surrenders it to the 
inspector, and, in the case of any other item, surrenders it to the 
inspector or destroys it or brings it into compliance with the 
regulations by obliterating or removing the violative features under 
supervision of the inspector; And provided further, That an application 
or a request for service may be rejected, or the benefits of the service 
may be otherwise denied to, or withdrawn from any person who operates an 
establishment for which he has made application for service if, with the 
knowledge of such operator, any
 
[[Page 412]]
 
other person conducting any operations in such establishment has 
committed any of the offenses specified in paragraphs (a)(1) (i) through 
(ix) of this section after such application was made. Moreover, an 
application or a request for service made in the name of a person 
otherwise eligible for service under the regulations may be rejected, or 
the benefits of the service may be otherwise denied to, or withdrawn 
from, such a person (a) in case the service is or would be performed at 
an establishment operated (1) by a corporation, partnership, or other 
person from whom the benefits of the service are currently being 
withheld under this chapter, or (2) by a corporation, partnership, or 
other person having an officer, director, partner, or substantial 
investor from whom the benefits of service under this chapter are 
currently being withheld and who has any authority with respect to the 
establishment where service is or would be performed, or (b) in case the 
service is or would be performed with respect to any poultry or product 
in which any corporation, partnership, or other person within (a)(1) of 
this section has a contract or other financial interest.
    (2) Procedure. An application or request for service may be 
rejected, or benefits of the service may be otherwise denied to or 
withdrawn by the Secretary, as provided by this paragraph, after notice 
and opportunity for hearing before a proper official of the Department. 
The Administrator may reject an application or request for service or 
deny or withdraw service under this paragraph without hearing, pending 
final determination of the matter, when he determines that the public 
interest so requires. The operator or applicant of such plant shall be 
notified of the Administrator's decision to reject the application or 
request for service or to deny or withdraw such service, and the reasons 
therefor, in writing, in the manner prescribed in Sec. 1.147(b) of the 
rules of practice (7 CFR 1.147(b)), or orally. The Administrator's 
decision to reject an application or request for service or to deny or 
withdraw the benefits of service under the Act shall be effective upon 
such oral or written notification, whichever is earlier, to the operator 
or applicant of such plant. If such notification is oral, the 
Administrator shall confirm such decision, and the reasons therefor, in 
writing, as promptly as circumstances permit, and such written 
confirmation shall be served upon the operator or applicant of such 
plant in the manner prescribed in Sec. 1.147(b) of the rules of practice 
(7 CFR 1.147(b)).
    (b) For correctable cause--(1) Basis for denial or withdrawal. An 
application or request for service may be rejected, or the benefits of 
the service may be otherwise denied to, or withdrawn from, any person 
whose establishment does not meet the requirements as to premises, 
facilities, and equipment, and the operation thereof, prescribed in the 
regulations to prevent the distribution of adulterated poultry or 
poultry products, or who has not received approval of labeling and 
containers to be used at the establishment as required by the 
regulations.
    (2) Procedure. An application or request for service may be 
rejected, or benefits of the service may be otherwise denied to or 
withdrawn by the Secretary, as provided by this paragraph, after notice 
and opportunity for hearing before a proper official of the Department. 
The Administrator may reject an application or request for service or 
deny or withdraw service under this paragraph without hearing, pending 
final determination of the matter, when he determines that the public 
interest so requires. The operator or applicant of such plant shall be 
notified of the Administrator's decision to reject the application or 
request for service or to deny or withdraw such service, and the reasons 
therefor, in writing, in the manner prescribed in Sec. 1.147(b) of the 
rules of practice (7 CFR 1.147(b)), or orally. The Administrator's 
decision to reject an application or request for service or to deny or 
withdraw the benefits of service under the Act shall be effective upon 
such oral or written notification, whichever is earlier, to the operator 
or applicant of such plant. If such notification is oral, the 
Administrator shall confirm such decision, and the reasons therefor, in 
writing, as promptly as circumstances permit, and such written 
confirmation shall be served upon the operator or applicant of such 
plant in
 
[[Page 413]]
 
the manner prescribed in Sec. 1.147(b) of the rules of practice (7 CFR 
1.147(b)).
    (c) For miscellaneous reasons. An application or a request for 
service may be rejected, or the benefits of the service may be otherwise 
denied to, or withdrawn from, any person, without a hearing, by the 
official in charge of the appropriate regional office, with the 
concurrence of the Regional Director (1) for administrative reasons such 
as the nonavailability of personnel to perform the service; (2) for the 
failure to pay for service; (3) in case the application or request 
relates to birds or products which are not eligible for service under 
this part 362; or (4) in case the person is a partnership, corporation, 
or other person from whom the benefits of the service are currently 
being withheld under paragraph (a) of this section. Notice of such 
rejection, denial, or withdrawal, and the reasons therefor, shall 
promptly be given to the person involved. The operator or applicant of 
such plant shall be notified of such decisions to reject an application 
or request for service or to deny or withdraw the benefits of the 
service, and the reasons therefor, in writing, in the manner prescribed 
in Sec. 1.147(b) of the rules of practice (7 CFR 1.147(b)), or orally. 
Such decision shall be effective upon such oral or written notification, 
whichever is earlier, to the operator or applicant of such plant. If 
such notification is oral, the person making such decision shall confirm 
such decision, and the reasons therefor, in writing, as promptly as 
circumstances permit, and such written confirmation shall be served upon 
the operator or applicant of such plant in the manner prescribed in 
Sec. 1.147(b) of the rules of practice (7 CFR 1.147(b)).
    (d) Scope and applicability of rules of practice. The rules of 
practice of the Department of Agriculture in subpart H of part I, 
subtitle A, title 7 of the Code of Federal Regulations, are the rules of 
practice applicable to adjudicatory, administrative proceedings under 
the regulations in this part (9 CFR part 362).
 
[41 FR 23715, June 11, 1976, as amended at 43 FR 11148, Mar. 17, 1978]
 
 
 
 
 
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR362.5]
 
[Page 413]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS--Table of Contents
 
Sec. 362.5  Fees and charges.
 
    (a) Fees and charges for service under the regulations in this part 
shall be paid by the applicant for the service in accordance with this 
section, and, if required by the Administrator, the fees and charges 
shall be paid in advance.
    (b) The fees and charges provided for in this section shall be paid 
by check, draft, or money order payable to the Treasurer of the United 
States and shall be remitted promptly to the Administrator upon 
furnishing to the applicant a statement as to the amount due.
    (c) The fees to be charged and collected for service under the 
regulations in this part shall be at the rates specified in Secs. 391.2, 
391.3, and 391.4 respectively for base time; for overtime including 
Saturdays, Sundays, and holidays; and for certain laboratory services 
which are not covered under the base time, overtime, and/or holiday 
costs. Such fees shall cover the costs of the services and shall be 
charged for the time required to render such service, including, but not 
limited to, the time required for the travel of the inspector or 
inspectors in connection therewith during the regularly scheduled 
administrative workweek.
    (d) Charges may also be made to cover the cost of travel and other 
expenses incurred by the Service in connection with the furnishing of 
the service.
 
[41 FR 23715, June 11, 1976, as amended at 53 FR 13398, Apr. 22, 1988; 
54 FR 6390, Feb. 10, 1989]