901:2-7-05 Modifications.

The following sections of 9 C.F.R. parts 362.1 to 381.236 are amended to read as follows:

(A) 9 C.F.R. part 362 Voluntary poultry inspection regulations.

(1) Section 362.1 Definitions. Delete existing language and insert:

"(a) Act. 'Act' means the agricultural marketing act of 1946, as amended (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.) and section 918.12 of the Revised Code."

(2) Section 362.3 Application for service. Delete existing language and insert:

"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 director, upon an application form which will be furnished by the director upon request to the Ohio department of agriculture, division of meat inspection, Reynoldsburg, Ohio 43068. The application must include all the information called for by that form. The operation must meet the regulatory requirements for 416 and 417 prior to producing product for distribution. In case of a change of name, ownership, management, or location, a new application shall be made."

(3) Section 362.5 Fees and charges. Delete existing language and insert:

"(a) Fees and charges for services under the regulations in this part shall be paid by the applicant for the service in accordance with section 918.12 of the Revised Code.

"(b) The fees and charges provided for in this section shall be paid by check, draft, or money order payable to the Ohio department of agriculture and shall be remitted promptly upon furnishing to the applicant a statement as to the amount due. Funds will be deposited in accordance with section 918.15 of the Revised Code."

(B) 9 C.F.R. part 381 Poultry products inspection regulations

(1) Section 381.1 Administrator. Delete existing language and insert:

"(b)(3) `Administrator' means the administrator of the food safety and inspection service of the department, the director of the Ohio department of agriculture, or any other officer or employee of the department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead."

(2) ) Section 381.1(13) Department. Delete existing language and insert:

"(b)(13) `Department' means the United States department of agriculture or Ohio department of agriculture."

(3) Section 381.1(35) Official inspection legend. Term means:

"(b)(35) This term means the official inspection mark prescribed in Chapter 901:2-7-05 of the Administrative Code showing that an article was inspected for wholesomeness and passed in accordance with the act."

(4) Section 381.1(47) Secretary. Delete existing language and insert:

"(b)(47) 'Secretary' means the secretary of agriculture of the united states or his delegate or the director of the Ohio department of agriculture."

(5) Section 381.1(51)(ii) Circuit supervisor. Delete and replace as follows:

"(b)(51)(ii) Delete the word `circuit' and replace with the word `district'."

(6) Section 381.11(a). Exemptions based on religious dietary laws. Amend the second sentence to read:

"(a) Any person desiring such an exemption shall apply in writing to the Ohio department of agriculture, division of meat inspection, 8995 East Main Street, Reynoldsburg, Ohio 43068 setting forth the specific provisions ........... ."

(7) Sections 381.17 Filing of application. Amend the first sentence to read:

"17 Every application for inspection at any establishment shall be made by the operator on a form furnished by the Ohio department of agriculture, division of meat inspection, 8995 East Main Street, Reynoldsburg, Ohio, and shall include ........... ."

(8) Section 381.29(a). Supervision or other withdrawal of inspection services.Amend existing language to read:

"(a) Inspection license may be withdrawn in accordance with section 918.08 of the Revised Code."

(9) Section 381.33 Identification

"Picture Identification Badge as Identification of Inspectors - Each inspector will be furnished with a picture identification badge, which he/she shall not allow to leave his/her possession, and which he/she shall wear in such manner and at such times as the Director may prescribe."

(10) Section 381.38(a). Overtime and holiday inspection service. Amend the paragraph to read:

"(a) The management of an official establishment, shall reimburse the program, at a rate specified by the director, ... "

(11) Section 381.39(a) and (b). Basis of billing for overtime and holiday services.Amend the paragraph (a), (b) and (c) to read:

"(a) Each recipient of overtime or holiday inspection service, or both, shall be billed as provided in # 381.38(a) and at the rate established by the director, in increments of quarter hours. For billing purposes, eight or more minutes shall be considered a full quarter hour. Billing will be for each quarter hour of service rendered by each inspection service employee.

"(b) Official establishments, requesting and receiving the services of a program employee after he has completed his day's assignment and left the premises, or called back to duty during any overtime or holiday period, shall be billed for a minimum of "4" hours overtime or holiday inspection service at the rate established by the director.

"(c) Overtime charges are to be paid-in-full no later than 30 days from the invoice date. Payments must be made by check or money order made payable to the Ohio Department of Agriculture- Division of Meat Inspection."

"(d) The overtime and holiday rate for inspection services provided pursuant to section 381.38 is $ 46.80 per hour per program employee."

(12) Section 381.94(b)(1) Table 2 Contamination with Microorganisms; pathogen reduction standards for Salmonella. Delete existing table 2 and insert: "Table 2 - salmonella and Campylobacter performance statutes."

State-modified Salmonella and Campylobacter Perfomance Standard

Product Performance Standard (%) Size of Sample Set (n) Number Positives Allowed (c) Pr (Pass) at Stardard (%)
Broiler 7.5 51 16 5 2 81.988.7
Broilers (Campylobactsr) 10.4 51 16 8 3 92.292.3
Turkey 1.7 56 17 4 2 99.799.7
Turkey(Campylobactsr) 1.7 56 17 3 2 99.999.97
Ground Chicken 44.6 53 40 32 24 16 26 20 16 12 8 78.680.278.677. 075.5
Ground Turkey 49.9 53 38 23 14 29 21 13 8 79.979.580.079.0

(13) Section 381.96 Wording and form of the selected establishment official inspection legend. Amend the first three sentences to read:

" 381.96 Except as otherwise provided in this subpart, the official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: "Inspected for wholesomeness by U.S. Department of Agriculture." This wording shall be contained within circle. The form and arrangement of such wording shall be exactly as indicated in the example in figure 1, except that the appropriate official establishment number shall be shown preceding the suffix "SEPOH", and if the establishment number appears elsewhere on the labeling material in the manner prescribed in section 381.123, it may be omitted from the inspection mark."


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(14) Section 381.515 Establishment selection; official number for selected establishments. Insert the following language:

(1) Section 381.515(c)(1) The official establishment number for an Ohio Selected establishment shall immediately precede the suffix "SEPOH", i.e. 141 SEPOH

Effective: 12/29/2011
R.C. 119.032 review dates: 12/29/2016
Promulgated Under: 119.03
Statutory Authority: 918.25
Rule Amplifies: 918.21 to 918.31