Chapter 901:2-3 Ohio Poultry Inspection Service

901:2-3-01 Ohio poultry inspection service - intrastate production.

The 2011federal regulations governing the inspection of poultry and poultry products ( 9 C.F.R. part 381 to 500 ) et. seq. of the United States department of agriculture adopted pursuant to the Poultry Inspection Act (P.P.I.A.) as amended ( 71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq.), and appended to this rule, are hereby adopted in their entirety, with the exception of those provisions amended or deleted by Chapters 901:2-3 and 901:2-7 of the Administrative Code.

Effective: 12/29/2011
R.C. 119.032 review dates: 08/30/2011 and 12/29/2016
Promulgated Under: 119.03
Statutory Authority: 918.25
Rule Amplifies: 918.21 to 918.31
Prior Effective Dates: 12/21/76, 2/2/00 (Emer), 5/6/00, 5/19/06, 2/19/2008, 2/11/2010, 2/03/2011

901:2-3-01.1 Limitations.

The rules in this chapter apply exclusively when meat processing establishments are processing meat for intrastate production.

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

901:2-3-02 Amended definitions.

Definitions in the Federal regulations governing the inspection of poultry and poultry products ( 9 C.F.R. part 381 ) et. seq. of the United States department of agriculture are amended to read as follows:

(A) "'Act' means means the Poultry Products Inspection Act (71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq.), sections 918.21 to 918.31 , inclusive, of the Revised Code (The Ohio Poultry Inspection Act), and rules 901:2-1-01 to 901:2-3-04 and 901:2-6-01 to 901:2-7-01 of the Administrative Code."

(B) "'Administrator' shall mean the administrator of the food safety inspection service, the director of the Ohio department of agriculture or employee of the department to whom authority has theretofore been delegated or may be hereafter be delegated to act in his/her stead."

(C) "'Division of meat and poultry inspection' shall be used in place of the term consumer and marketing service'."

(D) "'District' shall be used in place of the term `circuit'."

(E) "'District supervisor' shall be used in place of the term `circuit supervisor'."

(F) "'Department' the `Ohio department of agriculture' shall be used in place of the term `United States department of agriculture'."

(G) "'Ohio department of agriculture' shall be used in place of the term "'United States department of agriculture'."

(H) Volunteer means an individual who has agreed (free of charge) to assist, without compensation, a non-profit entity, corporation, and/or association, a political subdivision, school, or any other state or government agency acting as a caterer or central kitchen as those entities are defined in Title 9 CFR, Part 381.10(d)(2)(i) as adopted by paragraph (A) of rule 901:2-3-01 of the Administrative Code. The caterer or central kitchen shall exercise direct supervision of the volunteers and then training as that term is described in rule 3717-1-02.4 of the Administrative Code.

Training for the purpose of volunteer definition in paragraph (B)(6) of rule 901:2-3-04 of the Administrative Code is instruction provided by caterer or central kitchen in the area of food safety as it relates to their assigned duties, effective and proper hand cleaning, proper cooking techniques, proper methods to rapidly cool potentially hazardous food, proper procedures to sanitize multiuse equipment and utensils before use, and methods to prevent cross-contamination of"ready-to-eat" foods with bare hands.

(I) "'Ohio' shall be used in place of the term `United States'."

Effective: 12/29/2011
R.C. 119.032 review dates: 02/11/2015
Promulgated Under: 119.03
Statutory Authority: 918.25
Rule Amplifies: 918.21 to 918.31
Prior Effective Dates: 12-21-76; 2-2-00 (Emer.); 5-1-00; 3-1-03, 2/11/2010

901:2-3-03 Deleted regulations.

The following sections of the 2011 Poultry Products Inspection Regulations governing the inspection of poultry and poultry products ( 9 C.F.R. part 381 ) of the United States department of agriculture shall be deleted and shall not become regulations of the Ohio department of agriculture:

9 C.F.R. part 381:

(A) "Section 381.10(a)(2);

(B) Section 381.103;

(C) Section 381.104;

(D) Section 381.105;

(E) Section 381.106;

(F) Section 381.107;

(G) Section 381.108;

(H) Section 381.109

(I) Section 381.110;

(J) Section 381.111;

(K) Section 381.112;

(L) Section 381.185;

(M) Section 381.195 to section 381.209;

(N) Section 381.220 to section 381.225;

(O) Section 439.1.

R.C. 119.032 review dates: 10/11/2012 and 10/11/2017
Promulgated Under: 119.03
Statutory Authority: 918.25
Rule Amplifies: 918.15 to 918.31
Prior Effective Dates: 12/21/86; 02/02/00 (emer.); 05/01/00; 12/22/06, 10/08/2007, 02/11/2010

901:2-3-04 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 the Administrative Code 901:2-3-04 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 381.10(a)(3). Amend language after provided and insert:

"(a)(3) ....provided, that in lieu of complying with all the adulteration and misbranding provisions of the act, such poultry is healthy and is slaughtered and processed under such sanitary standards, practices, and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food, and the shipping containers of such poultry products bear the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number)."

(7) Section 381.10(a)(4). Amend language after provided and insert:

"(a)(4) .... and provided, further, that in lieu of complying with all the adulteration and misbranding provisions of the act, such poultry is healthy and is slaughtered and processed under such sanitary standards as outlined in regulation 416.1 through 416.6 (adopted in rule 901:2-3-01.1 of the Administrative Code), 416.11 through 416.17, practices, and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food, and the shipping containers of such poultry products bear the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number)."

(8) Section 381.10(a)(5). Amend all language after "provided" and insert:

"(a)(5) ...provided, that (i) in lieu of complying with all the adulteration provisions of the act, such poultry is slaughtered and otherwise processed and handled under such sanitary standards as outlined in regulation 416.1 through 416.6 (adopted in rule 901:2-3-01.1 of the Administrative Code), 416.11 through 416.17, practices and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food when so distributed; (ii) such poultry products when so distributed, bear (in lieu of labeling that would otherwise be required) the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number) and such poultry products are not otherwise misbranded; (iii) such producer and distributor do not engage in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in this paragraph (a)(5) or (6) of this section; and (iv) neither such producer or distributor slaughters or processes the products of more poultry than allowed by paragraph (b) of this section except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (b)."

(9) Section 381.10(a)(6) Amend all language after "provided" and insert:

"(a)(6) ....provided, that (i) in lieu of complying with all the adulteration provisions of the act, such poultry is slaughtered and otherwise processed and handled under such sanitary standards as outlined in regulation 416.1 through 416.6 (adopted in rule 901:2-3-01.1 of the Administrative Code), 416.11 through 416.17, practices and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food when distributed by such processor; (ii) such poultry products when so distributed, bear (in lieu of labeling that would otherwise be required) the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number) and such poultry products are not otherwise misbranded; (iii) such processor does not engage in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in this paragraph (a)(6) or (5) of this section; and (iv) such processor does not exceed the volume limitation prescribed in paragraph (b) of this section except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (b)."

(10) Section 381.10(b)(2) Insert at the end of the paragraph:

"(b)(2) An operation can qualify for more than one exemption provided: (i) there is no product stored on premises, (ii) all products are immediately marked upon packaging with the appropriate labeling to identify the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number), (iii) appropriate records are maintained as required in 918.24 of the ohio revised code."

(11) Section 381.10(c)(2) Amend existing language to read:

"(c)(2) Such poultry producer does not engage in buying or selling poultry products other than those produced from poultry raised on his own farm, except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (1), and ..."

(12) Section 381.10(d)(2)(i). Amend existing language to read:

"(d)(2)(i) Operations of the types traditionally and usually conducted at retail stores and restaurants only include simple processing of poultry products (cutting of whole carcasses into recognized parts for retail sale) and exclude canning of poultry products and exclude slaughtering of poultry."

(13) Section 381.10(d)(2)(iv)(b). Amend existing language to read:

"The definition of a restaurant includes a caterer whose employees or designated volunteers delivers or serves product in meals, or as entree', only to individual consumers and otherwise meets the requirements of this paragraph."

(14) Section 381.10(d)(2)(iv)(c). Amend existing language to read:

"(d)(2)(iv)(c) For purposes of this paragraph ... by its own employees, or a volunteer designated by the restaurant, without intervening transfer or storage ... ."

(15) 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 .............. ."

(16) 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 .............. ."

(17) 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."

(18) 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."

(19) 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, ... "

(20) 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 §381.38 is $ 46.80 per hour per program employee."

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

"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 Ohio department of agriculture." This wording shall be contained within the outline of the state of Ohio. The form and arrangement of such wording shall be exactly as indicated in the example in figure 1, except that "U.S." shall be replaced with "Ohio" and the appropriate official establishment (EST.) number shall be shown, 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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(D) Section 381.98 Official seal. Amend existing language to read:

"The official mark for use in sealing means of conveyance used in transporting poultry products under any requirement in this part shall be a serial numbered band seal approved by the director, and any such seal approved by the administrator for applying such mark shall be an official device."

Effective: 02/03/2011
R.C. 119.032 review dates: 02/11/2015
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.10
Prior Effective Dates: 12-21-76; 2-2-00 (Emer.); 5-1-00; 4-1-02; 3-1-03, 2/11/2010