901:2-2-04 Withholding action or suspension.

(A) A program employee may take a withholding action or impose a suspension without providing the establishment prior written notification when:

(1) The establishment produced or shipped adulterated or misbranded product as defined in section 918.01 of the Revised Code;

(2) The establishment does not have a hazard analysis and critical control plan (HACCP) that complies with the requirements of 9 C.F.R. 417.2;

(3) The establishment either does not have sanitation standard operating procedures (SSOP) as required in 9 C.F.R. 416.11, or the SSOP does not meet the requirements of 9 C.F.R. 416.12;

(4) Sanitary conditions are such that products in the establishment are or may be rendered adulterated;

(5) The establishment violated the terms of a regulatory control action;

(6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a department employee;

(7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, in accordance with either 9 C.F.R. 314 or 9 C.F.R. 381, subpart L, within three days of notification; or,

(8) The program employee may also impose a suspension without providing the establishment prior notification because the establishment is handling or slaughtering animals inhumanely.

(B) A program employee may take a withholding action or impose a suspension after an establishment is provided prior written notification and the opportunity to demonstrate or achieve compliance when:

(1) The HACCP system is inadequate, as specified in 9 C.F.R. 417.6, due to multiple or recurring noncompliance;

(2) The SSOP has not been properly implemented or maintained as specified in 9 C.F.R. 416.13 to 9 C.F.R. 416.16;

(3) The establishment has not maintained sanitary conditions as prescribed in 9 C.F.R. 416.2 to 9 C.F.R. 416.8 due to multiple or recurring noncompliance;

(4) The establishment did not collect and analyze samples for escherichia coli biotype i and record results in accordance with 9 C.F.R. 310.25(a) or 9 C.F.R. 381.94(a); or,

(5) The establishment did not meet the salmonella performance standard requirements prescribed in 9 C.F.R. 310.25(b) or 9 C.F.R. 381.94(b).

Effective: 10/08/2007

R.C. 119.032 review dates: 07/02/2007 and 10/08/2012

Promulgated Under: 119.03

Statutory Authority: 918.04

Rule Amplifies: 918.08, 918.28

Prior Effective Dates: 02/04/02