As adopted in rule 901:2-1-01 of the Administrative
Code, the following sections of 9 C.F.R. part 300 to 9 C.F.R. part 442 are
amended to read as follows:
(A) 9 C.F.R. Part
300 is hereby amended as follows:
(1) In 9 C.F.R.
300.3(a) delete existing language and insert:
"The organization of the division of meat
inspection reflects the agency's primary regulatory responsibilities:
implementation of the Federal Meat Inspection Act (FMIA) and the Poultry
Products Inspection Act (PPIA) as adopted by reference, amended and modified.
The division of meat inspection implements the inspection provisions of the
FMIA and PPIA through its field structure."
(2) In 9 C.F.R. 300.3(b) delete existing language and
insert:
"For more information regarding the
Department please visit www.agri.ohio.gov."
(3) In 9 C.F.R. Part 300.4(a) amend the definition of
"Inspection program, inspection service, or program" to read
as:
"The organizational unit within the
Department with responsibility for carrying out the FMIA, the PPIA, and Chapter
918. of the Ohio Revised Code."
(4) In 9 C.F.R. Part 300.4(a) amend the definition of
"Inspector" to read as:
"Inspector of the inspection program.
("Inspector" includes an employee or official of the Ohio department
of agriculture, division of meat inspection 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 state of Ohio."
(B) 9 C.F.R. Part 301 is hereby amended as
follows:
(1) In 9 C.F.R.
Part 301.2, amend the definition of the term "the Act" to read as
follows:
"The act means the Federal meat inspection
act, as amended (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92
Stat. 1069, 21 Stat. U.S.C. 601 et seq.), Chapter 918. of the Ohio Revised
Code, and the chapters housed in division 901:2 of the Ohio Administrative
Code."
(2) In 9 C.F.R. Part 301.2, add a definition of the term
"slaughter" to read as follows:
"Slaughter means livestock capable of use
as human food and has been killed for such purpose. Terms such as
'slaughter', 'dispatch', and 'harvest' are
synonymous and shall be used interchangeably."
(3) In 9 C.F.R. Part 301.2, add a definition of the term
"volunteer" to read as follows:
"Volunteer means an individual who has
agreed 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 C.F.R., Part 303.1(d)(2)(iv)(b) and (c) as adopted by
paragraph (A) of rule 901:2-1-01 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."
(C) 9 C.F.R. Part 303 is hereby amended as
follows:
(1) In 9 C.F.R.
303.1(a)(1), delete existing language and insert:
"The slaughtering by the owner of
livestock of their own raising on their own premise, or the slaughter by an
individual operating a mobile facility to prepare products for the owner of the
livestock on the owner's premise and the preparation by them and
transportation in commerce of the carcasses, parts thereof, meat and meat food
products of such livestock exclusively for use by them and members of their
household and their nonpaying guests and employees;"
(2) In 9 C.F.R. 303.1(a)(2)(ii), delete existing language and
insert:
"If the custom operator prepares or
handles any products for sale, they are kept separate and apart from custom
prepared products at all times while the latter are in his custody. Products
originating from 'custom' operations (operator compensated only for
service and not product) cannot be sold unless prepared under full inspection.
Facilities preparing products for the owner's use in a retail operation
would be required licensing under a custom exemption."
(3) In 9 C.F.R. 303.1(b)(3), delete existing language and
insert:
"The custom operators claiming exemptions
under paragraph (a)(2) of this section shall keep records, in addition to
records otherwise required by part 320 of this subchapter, showing the numbers
and kinds of livestock slaughtered on a custom basis, and the names and
addresses of the owners of the livestock and products. An animal delivered for
slaughter may be listed with up to four owners with indication of the part of
the animal each owner is to receive (e.g., four owners could each receive a
quarter carcass of an animal delivered for custom slaughter.)"
(4) In 9 C.F.R. 303.1(d)(2)(iv)(b), delete existing language
and insert:
"The definition of a restaurant includes a
caterer whose employees or designated volunteers deliver or serve product in
meals, or as entrees, only to individual consumers and otherwise meets the
requirements of this paragraph."
(5) In 9 C.F.R. 303.1(d)(2)(iv)(c), delete existing language
and insert:
"For purposes of this paragraph,
operations conducted at a restaurant central kitchen facility shall be
considered as being conducted at a restaurant if the restaurant central kitchen
prepares meat or meat food products that are ready to eat when they leave such
facility (i.e., no further cooking or other preparation is needed, except that
they may be reheated prior to serving if chilled during transportation),
transported directly to a receiving restaurant by its own employees, or a
volunteer designated by the restaurant, without intervening transfer or
storage, maintained in a safe, unadulterated condition during transportation,
and served in meals or as entrees only to customers at restaurants, or through
vending machines, owned or operated by the same person that owns or operates
such facility, and which otherwise meets the requirements of this paragraph:
Providedthat the requirements of 320.1 through 320.4 of this
subchapter apply to such facility. Provided further, That the exempted facility
may be subject to inspection requirements under the Act for as long as the
Administrator deems necessary, if the Administrator determines that the
sanitary conditions or practices of the facility or the processing procedures
or methods at the facility are such that any of its meat or meat food products
are rendered adulterated. When the Administrator has made such determination
and subjected a restaurant central kitchen facility to such inspection
requirements, the operator of such facility shall be afforded an opportunity to
dispute the Administrator's determination in a hearing pursuant to rules
of practice which will be adopted for this proceeding."
(D) 9 C.F.R. Part 304 is hereby amended as
follows:
(1) In 9 C.F.R.
304.1(a), delete existing language and insert:
"Before the inspection is granted, each
person conducting operations at an establishment subject to the Act, whether
tenant, subsidiary, or landlord, shall make application therefor to the
Director as provided for in this part, unless the operations subject to the act
has a USDA grant of inspection."
(2) In 9 C.F.R. 304.1(b), delete existing language and
insert:
"Every application under this section
shall be made on an official form furnished by the Program, available from the
Department and shall be completed to include all information requested. Trade
names of the applicant for labeling purposes shall be inserted in the
appropriate blank in the application. Each applicant for inspection will be
held responsible for compliance with the Act and the regulations in this
subchapter if inspection license is issued. Preparation of product and other
operations at the establishment for which inspection is granted may be
conducted only by the applicant named in the application."
(3) In 9 C.F.R. 304.2(a), delete existing language and
insert:
"The Department shall provide an
Inspection License to each applicant eligible to receive said license, which
will include what operations the applicant is registered and/or licensed to
conduct."
(4) In 9 C.F.R. 304.2(b), delete existing language and
insert:
"The Director is authorized to issue an
inspection license upon his determination that the applicant and the
establishment are eligible therefor and to refuse to grant inspection at any
establishment if he determines that it does not meet the requirements of this
part or the regulations in 9 C.F.R. 305, 307, and 9 C.F.R. 416,
416.1 through 416.6 or that the applicant has not received approval of labeling
and containers to be used at the establishment as required by the regulations
in 9 C.F.R. 316 and 317. Any application for inspection may be refused in
accordance with the rules of practice in 901:2-2 of the Ohio Administrative
Code."
(5) In 9 C.F.R. 304.3(a), delete existing language and
insert:
"Before being issued an inspection
license, an establishment must have developed written sanitation Standard
Operating Procedures, as required by 9 C.F.R. 416, and written recall
procedures as required by 9 C.F.R. 418."
(6) In 9 C.F.R. 304.3(b), delete existing language and
insert:
"Before being issued and inspection
license, an establishment shall have conducted a hazard analysis and developed
a Hazard Analysis Critical Control Point (HACCP) plan, as required by 9 C.F.R.
417.2. During a period not to exceed ninety days after the date the new
inspection license is issued, the establishment shall validate its HACCP plan,
in accordance with 9 C.F.R. 417.4."
(E) In 9 C.F.R. Part 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."
(F) 9 C.F.R. Part 307 is hereby amended as
follows:
(1) In 9 C.F.R.
307.1, delete the following language:
"Laundry service for inspector's
outer work clothing shall be provided by each establishment."
(2) In 9 C.F.R. 307.6(a), delete existing language and
insert:
"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 tenths of an
hour. For billing purposes, one to six minutes shall be considered a tenth of
an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes,
three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to
thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths,
thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight
minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and
fifty-five to sixty minutes, one hour. Billing will be for each tenth of an
hour of service rendered by each program employee."
(3) In 9 C.F.R. 307.6(b), delete existing language and
insert:
"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 four hours
overtime or holiday inspection service at the rate established by the
director."
(4) In 9 C.F.R. 307.6(c), delete existing language and
insert:
"Overtime charges are to be paid-in-full
no later than thirty days from the invoice date. Payments must be made by
check, money order, or credit card made payable to the Ohio department of
agriculture - division of meat inspection. Overtime and holiday inspection may
not be performed for an establishment having a delinquent account."
(5) In 9 C.F.R. 307.6, insert the following language as
paragraph (d):
"The overtime and holiday rate for
inspection services provided pursuant to section 307.5 is $46.80 per hour per
program employee."
(G) In 9 C.F.R. Part 310.12, delete existing language and
insert:
"The sternum to be split; abdominal and
thoracic viscera shall be removed. The sternum of each carcass shall be split
and the abdominal and thoracic viscera shall be removed at the time of
slaughter in order to allow proper inspection. In some cases with roasting
pigs, veal, goats and sheep carcasses, the following procedure as approved by
the regional veterinary supervisor may be allowed:
(1) Pelvic area: The pelvic bone may remain
intact after dropping the bung provided the pizzle, castration scars, and
testicles are removed and no pathology or contamination is present;
(2) Abdomen: The incision shall be complete from
the anterior brim of the pelvis to the xyphoid cartilage;
(3) Thorax: Good dressing procedures regardless
of the size of swine shall be followed and if there is no pathology and/or
contamination present in the thoracic area; if the establishment demonstrates
the ability to remove the thoracic viscera without severing the esophagus at
the thoracic inlet; if the establishment can remove the thoracic viscera
without spillage of ingesta from the esophagus into or onto the carcass; then
the splitting of the sternum is optional. However if contamination occurs or
pathology is present, the sternum shall be split and the carcass properly
presented for inspection;
(4) Neck area: The opening incision shall be from
the first rib to the symphysis of the mandible and deep enough to allow removal
of the trachea and larynx. In cattle, the tongue must be dropped for
examination and palpation. The tonsils must be removed and the head and sinuses
flushed. Proper lighting must be supplied (minimum of fifty foot candle power)
by the establishment to accomplish inspection, either by permanent light
fixtures or portable hand-held equipment;
(5) Heads: Diseased heads and gunshot heads shall
be condemned and heads passed shall be treated as market heads with eyelids and
eardrums removed and sinuses and mouth flushed; and,
(6) Boars shall be handled as required by
regulation regarding sexual odor."
(H) 9 C.F.R. Part 311 is hereby amended as
follows:
(1) In 9 C.F.R.
311.20(a) delete existing language and insert paragraph
311.20(a)(1):
"Except as outlined in 9 C.F.R.
311.20(a)(2), carcasses of swine which give off a pronounced sexual odor shall
be condemned."
(2) In 9 C.F.R. 311.20, insert paragraph
311.20(a)(2):
"Carcasses of swine which give off a
pronounced sexual odor may not be condemned if the animal is owned by an
individual other than the establishment when it is presented for antemortem
inspection and the owner wants the carcass for his own use. In those cases the
following is permitted:
(i) The carcass will be downgraded to 'not
for sale' and handled as uninspected product;
(ii) The owner shall sign a statement that
he/she was informed of the condition; and
(iii) An entry shall be made on the exempt
products log to identify the custom product/processes for the animal including
the owner name and address."
(I) 9 C.F.R. Part 312 is hereby amended as
follows:
(1) In 9 C.F.R.
312.2(a) delete existing language and insert the following as paragraph
(a)(1):
"The official inspection legend required
by parts 316 of this subchapter to be applied to inspected and passed carcasses
and parts of carcasses of cattle, sheep, swine and goats, meat food products in
animal casings, and other products as approved by the Chief, shall be in the
appropriate form as hereinafter specified. The number "141" is given
as an example only. The establishment number of the official establishment
where the product is prepared shall be used in lieu thereof.
For application to sheep carcasses, the loins
and ribs of pork and beef tails the official inspection legend required by part
316 of this subchapter will appear in the following format at a size of one and
one quarter inches (1.25 inches):
For application to beef, hog, veal, and goat
carcasses, primal parts and cuts there-from, beef livers, beef tongues, beef
hearts, burlap, muslin, cheesecloth, heavy paper or other acceptable material
that encloses carcasses or parts of carcasses the official inspection legend
required by part 316 of this subchapter will appear in the following format at
a size of one and three quarter inches (1.75 inches)":
(2) In 9 C.F.R. 312.2, insert the following as paragraph
(a)(2):
"For those selected establishments
participating in a cooperative interstate shipment program, the official
inspection legend required by parts 316 and 332 of this subchapter to be
applied to inspected and passed carcasses and parts of carcasses of cattle,
sheep, swine and goats, meat food products in animal casings, and other
products as approved by the Chief, shall be in the appropriate form as
hereinafter specified. The number "141" is given as an example only.
The establishment number of the official establishment where the product is
prepared shall be used in lieu thereof.
For application to the sheep carcasses, 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 appear in the
following format at a size of one and one quarter inches (1.25 inches)":
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
appear in the following format at a size of one and three quarter inches (1.75
inches)":
(3) In 9 C.F.R. 312.2(b)(1) delete existing language and
insert:
"The official inspection legend required
by part 317 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 (the number "141" is given as an example only):
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":
(4) In 9 C.F.R. 312.5 delete existing language and
insert:
"The official mark for use in sealing
railroad cars or other means of conveyance as prescribed in part 325 of this
subchapter shall be a serial numbered band seal approved by the director as an
official device for purposes of the act."
(5) In 9 C.F.R. 312.6 delete the words "Form MP-427"
and "Form MP-35."
(J) In 9 C.F.R. 317.3(c)(1), delete existing language and
insert:
"The certificate is an Ohio Department of
Agriculture form for signature by a Program employee and the official
establishment ordering the brand or other marking device, bearing a certificate
serial number and a letterhead and the seal of Ohio Department of Agriculture.
The certificate authorizes the making of only the brands or other marking
devices of the type and quantity listed on the certificate."
(K) In 9 C.F.R. Part 332.5(c), delete existing language and
insert:
"The official establishment number for an
Ohio Selected establishment shall immediately precede the suffix
"SEOH", i.e. 141 SEOH"
(L) 9 C.F.R. Part 352 is hereby amended as
follows:
(1) In 9 C.F.R.
352.1(k) delete existing language and insert:
""Exotic animal" means any
reindeer, elk, deer, antelope, water buffalo, bison, yak, bear, or large
cats."
(2) In 9 C.F.R. 352.1 insert new paragraph (cc):
""Bear" means any member of the
ursidae family not protected by state, federal, or international law as an
endangered species."
(3) In 9 C.F.R. 352.1 insert new paragraph (dd):
""Cats" means any member of the
felidae family not protected by State, Federal, or international law as an
endangered species."
(4) In 9 C.F.R. 352.3(a) delete existing language and
insert:
"Any person desiring to process exotic
animals, exotic animal carcasses, exotic animal meat and meat food products in
an establishment under exotic animal inspection service must receive approval
of such establishment and facilities as an official exotic animal establishment
and the operation must meet the regulatory requirements for 9 C.F.R. Parts 416,
417, and 418 prior to the rendition of such service."
(5) In 9 C.F.R. 352.3(b) delete existing language and
insert:
"An application for inspection service to
be rendered in an official exotic animal establishment shall be approved in
accordance with the provisions contained in sections 304.1 and 304.2 of
subchapter a of this chapter."
(6) In 9 C.F.R. 352.5(b) delete existing language and
insert:
"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 Ohio Revised Code. Bills are payable upon
receipt and become delinquent thirty days from the date of the bill. Inspection
services will not be performed for anyone having a delinquent
account."
(7) In 9 C.F.R. 352.5(c) delete existing language and
insert:
"The fees to be charged and collected for
service under the regulations in this part shall be at a rate set by the
director for base time and overtime:"
(8) In 9 C.F.R. 352.5(c), insert the following as paragraph
(1):
"Each recipient of voluntary (exotic)
inspection service, shall be billed as provided in 9 C.F.R. Parts 352, 354 and
362 at the rate established by the director, in increments of tenths of an
hour. For billing purposes, one to six minutes shall be considered a tenth of
an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes,
three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to
thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths,
thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight
minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and
fifty-five to sixty minutes, one hour. Billing will be for each tenth of an
hour of service rendered by each program employee."
(9) In 9 C.F.R. 352.5(c), insert the following as paragraph
(2):
"The base time rate is set at $15.04 per
hour. After eight hours of inspection and on holidays, the overtime and holiday
rate for inspection services provided pursuant to section 307.5 is $46.80 per
hour per program employee."
(M) 9 C.F.R. Part 354 is hereby amended as
follows:
(1) In 9 C.F.R.
354.13 delete existing language and insert:
"All inspection service shall be subject
to supervision at all times by the district supervisor and/or the division
chief or representative. Such service shall be rendered where the facilities
and conditions are satisfactory for the conduct of the service and the
requisite inspectors are available."
(2) In 9 C.F.R. 354.20(a) delete existing language and
insert:
"Any person who is a state meat inspection
employee and possessing the proper qualifications as determined by an
evaluation of competency, and who is to perform inspection service under this
part may be licensed or otherwise authorized by the Director as an
inspector."
(3) In 9 C.F.R. 354.34 delete existing language and
insert:
"Any person desiring to process and pack
products in a plant under inspection service must receive approval of such
plant and facilities as an official plant and the operation must meet the
regulatory requirements for part 416, part 417 and part 418 prior to the
rendition of such service. An application for inspection service to be rendered
in an official plant shall be approved according to the following
procedure:"
(4) In 9 C.F.R. 354.63 delete existing language and
insert:
"Wording and form of inspection mark.
Except as otherwise authorized, the inspection mark permitted to be used with
respect to inspected and certified edible products shall include wording as
follows and in all capitalized letters: "OHIO INSPECTED AND PASSED BY
DEPARTMENT OF AGRICULTURE" This wording shall be contained within a
triangle in the form and arrangement shown in 9 C.F.R. 352.7(b)(1). The
appropriate plant number of the official plant shall be included in the
triangle unless it appears elsewhere on the packaging material. The Chief may
approve the use of abbreviations of such inspection mark, and such approved
abbreviations shall have the same force and effect as the inspection mark. The
inspection mark or approved abbreviation thereof, as the case may be, may be
applied to the inspected and certified edible product or to the packaging
material of such product. When the inspection mark, or the approved
abbreviation thereof, is used on packaging material, it shall be printed on
such material or on a label to be affixed to the packaging material and the
name of the packer or distributor of such product shall be printed on the
packaging material or label, as the case may be, except that on shipping
containers and containers for institutional packs, the inspection marks may be
stenciled on the container and, when the inspection mark is so stenciled, the
name and address of the packer or distributor may be applied by the use of a
stencil or a rubber stamp. Notwithstanding the foregoing, the name and address
of the packer or distributor, if appropriately shown elsewhere on the packaging
material, may be omitted from insert labels which bear an official
identification if the applicable plant number is shown."
(5) In 9 C.F.R. 354.65 delete existing language and
insert:
"The inspection mark approved for use on
inspected products shall be contained within a triangle and include the
following all capitalized wording: `Ohio inspected and passed by department of
agriculture.' The form and arrangement of such wording shall be as
indicated in the example below. The plant number of the official plant shall be
included within the triangle on the bottom line preceded by
"EST."
(6) In 9 C.F.R. 354.100(a) delete existing language and
insert:
"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. Bills are payable upon
receipt and become delinquent 30 days from the date of the bill. Inspection
services will not be performed for anyone having a delinquent
account."
(7) In 9 C.F.R. 354.100(b) delete existing language and
insert:
"The fees to be charged and collected for
service under the regulations in this part shall be at a rate set by the
director for base time and overtime."
(8) In 9 C.F.R. 354.100(b), insert the following as paragraph
(1):
"Each recipient of voluntary (rabbit)
inspection service, shall be billed as provided in 9 C.F.R. Parts 352, 354 and
362 at the rate established by the director, in increments of tenths of an
hour. For billing purposes, one to six minutes shall be considered a tenth of
an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes,
three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to
thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths,
thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight
minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and
fifty-five to sixty minutes, one hour. Billing will be for each tenth of an
hour of service rendered by each program employee."
(9) In 9 C.F.R. 354.100(b), insert the following as paragraph
(2):
"The base time rate is set at $15.04 per
hour. After eight hours of inspection and on holidays, the overtime and holiday
rate for inspection services provided pursuant to 9 C.F.R. 307.5 is $46.80 per
hour per program employee."
(10) In 9 C.F.R. 354.240
delete existing language and insert:
"The premises shall be kept free from
refuse, waste materials, and all other sources of objectionable odors and
conditions. All provisions of 9 C.F.R. 416 shall be met prior to
operations."
(N) 9 C.F.R. Part 412 is hereby amended as
follows:
(1) In 9 C.F.R.
412.1(a) delete existing language and insert:
"No final label may be used on any product
unless the label has been submitted for approval to the Ohio Department of
Agriculture (ODA) Labeling Staff, accompanied by ODA Label Approval
Application, and approved by such staff, except for generically approved labels
authorized for use in 9 C.F.R. 412.2. The management of the official
establishment must maintain a copy of all labels used, in accordance with parts
320 and 381, subpart Q. Such records must be made available to any duly
authorized representative of the Director upon request."
(2) In 9 C.F.R. 412.1(b) delete existing language and
insert:
"All labels required to be submitted for
approval as set forth in paragraph (a) of this section will be submitted to the
Ohio Department of Agriculture Labeling Staff. A parent company for a
corporation may submit only one label application for a product produced in
other establishments that are owned by the corporation."
(3) In 9 C.F.R. 412.1(c) delete existing language and
insert:
"Ohio Department of Agriculture requires
the submission of labeling applications for the following:
(1) Sketch labels as defined in paragraph (d)
of this section for products which are produced under a religious
exemption;
(2) Special statements and claims as defined in
paragraph (e) of this section and presented in the context of a final
label;
(3) Requests for the temporary use of final
labels as prescribed in paragraph (f) of this section.
(4) In 9 C.F.R. 412.1(f)(2) delete existing language and
insert:
"Extensions of temporary approvals may
also be granted by the Ohio Department of Agriculture provided that the
applicant demonstrates that new circumstances, meeting the above criteria, have
developed since the original temporary approval was granted."
(5) In 9 C.F.R. 412.2(a)(1) delete existing language and
insert:
"An official establishment, is authorized
to use generically approved labels, as defined in paragraph (b) of this
section, and thus is free to use such labels without submitting them to the
Ohio Department of Agriculture for approval, provided the label, in accordance
with this section, displays all mandatory features in a prominent manner in
compliance with part 317 or part 381, and is not otherwise false or misleading
in any particular."
(6) In 9 C.F.R. 412.2(a)(2) delete existing language and
insert:
"The Ohio Department of Agriculture will
select samples of generically approved labels from the records maintained by
official establishments to determine compliance with label requirements. If the
Agency finds that an establishment is using a false or misleading label, it
will institute the proceedings prescribed in Part 500.8 of this chapter to
revoke the approval for the label."
