901:2-6-05 Modifications.

The following sections of 9 C.F.R. part 300 to 9 C.F.R. part 500 are amended to read as follows:

(A) ) 9 C.F.R. Part 300.4(a) - Organizational terminology; personnel

"Administrator means the administrator of the Division of Meat Inspection or any officer or employee of the Department to whom authority has been or may in the future be delegated to act in his or her stead."

"District Supervisor means the official of the inspection service who is assigned responsibility for supervising the conduct of inspection at a specific group of official establishments located in what is known as a district."

"Where FSIS is used means the Division of Meat Inspection (DMI) of the Ohio Department of Agriculture."

"Inspection program, inspection service, or program means the organizational unit within the Department with responsibility for carrying out the FMIA and the PPIA."

"Inspector means an inspector of the inspection program. ("Inspector" includes an employee or official of the Ohio state government who is authorized by the director to inspect meat and meat products or poultry and poultry products under the FMIA or the PPIA, respectively, under an agreement entered unto between United States department of agriculture and the appropriate state or other agency."

"Inspector in Charge or IIC means an inspection program employee who has primary responsibility for inspection program functions at a particular official establishment."

"Secretary means the director of the Ohio department of agriculture or his or her designee."

(B) 9 C.F.R. 306.1 "Designation of District Veterinary Supervisors and Meat Inspection Supervisors" (See 901:2-6-03, amended definitions, 9 C.F.R. part 300.3(b) ).

(C) 9 C.F.R. Part 306.3 - Badge as identification of inspectors Section 306.3. Delete existing language and insert:

"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."

(D) 9 C.F.R. Part 307 - Facilities for inspection.

(1) Section 307.1. Facilities for program employees. Delete existing language and insert:

"Office space, including necessary furnishings, light, heat, and janitor service, shall be provided by official establishments, rent free, for the exclusive use for official purposes of the inspector and other program employees assigned thereto. The space set aside for this purpose shall meet with approval of the circuit supervisor and shall be conveniently located, properly ventilated and provided with lockers suitable for the protection and storage of program supplies and with facilities suitable for program employees to change clothing if such clothes changing facilities are deemed necessary by the circuit supervisor. At the discretion of the Administrator, small plants requiring the services of less than one fulltime inspector need not furnish facilities for Program employees as prescribed in this section, where adequate facilities exist at a nearby convenient location."

(2) Section 307.6 - Basis of billing for overtime and holiday services. Delete existing language and insert:

"(a) Each recipient of overtime or holiday inspection service, or both, shall be billed as provided in section 307.5(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 program employee;

"(b) Official establishments, importers, or exporters 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 "four" hours overtime or holiday inspection service at the rate established by the director; and,

"(c) Overtime charges are to be paid-in-full no later than thirty 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 307.5 is $ 46.80 per hour per program employee."

(E) 9 C.F.R. Part 310 - Post-mortem inspection

"Section 310.25(b)(1) table 2. Contamination with micro-organisms; pathogen reduction performance standards for salmonella. Delete existing table 2 and insert: "Table 2 - salmonella performance statutes."

State-modified Salmonella Perfomance Standard

Product Performance Standard (%) Size of Sample Set (n) Number Positives Allowed (c) Pr (Pass) at Stardard (%)
Steer/Heifer 1.0 82 22 1 0 80.280.2
Cow/Bull 2.7 58 31 2 1 79.479.6
Market Hog 8.7 55 46 36 27 18 10 6 5 4 3 2 1 80.079.280.079.679.878.6
Ground Beef 7.5 53 42 31 21 11 5 4 3 2 1 79.579.580.079. 480.3

(F) 9 C.F.R. part 312 - Official marks, devices and certificates.

Section 312.2. Official marks and devices to identify inspected and passed products of cattle, sheep, swine or goats. Delete existing language and insert:

"(a)(1) For application to the loins and ribs of pork and beef tails the selected establishment official inspection legend required by part 316 and part 332 of this subchapter will be:


 image: oh/admin/2014/901$2-6-05_ph_ff_n_ru_20111219_1323-1.jpg

"(2) For application to beef, hog, veal, sheep, and goat carcasses, primal parts and cuts there-from, livers, tongues, hearts, burlap, muslin, cheesecloth, heavy paper or other acceptable material that encloses carcasses or parts of carcasses the selected establishment official inspection legend required by part 316 and part 332 of this subchapter will be:


 image: oh/admin/2014/901$2-6-05_ph_ff_n_ru_20111219_1323-2.jpg

"(b) The selected establishment official inspection legend required by part 317 and part 332 of this subchapter to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible, and the same proportions of letter size and boldness are maintained as illustrated:


 image: oh/admin/2014/901$2-6-05_ph_ff_n_ru_20111219_1323-3.png

"(1) This official mark shall be applied by mechanical means and shall not be applied by a hand stamp.

"(2) The official inspection legend described in subparagraph (b) of section 312.2 may also be used for purposes of part 316 of this subchapter on shipping containers, band labels, artificial casings, and other articles with the approval of the Administrator.

"(c) Any brand, stamp, label, or other device approved by the Administrator and bearing any official mark prescribed in paragraph (a) or (b) of this section shall be an official device for purposes of the act."

(G) 9 C.F.R. Part 332 - SELECTED ESTABLISHMENTS; COOPERATIVE PROGRAM FOR INTERSTATE SHIPMENT OF CARCASSES, PARTS OF CARCASSES, MEAT, AND MEAT FOOD PRODUCTS

Section 332.5(c)(1). Insert the following:

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

Effective: 12/29/2011
R.C. 119.032 review dates: 12/29/2016
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.04 - 918.11