§ 1.313. Disposition after reinspection.
(a) A “Pa. Retained” tag shall be placed by a program employe at the time of reinspection at any official establishment on all products which are suspected on such reinspection of being adulterated or misbranded, and such products shall be held for further inspection. Such tags shall be removed only by authorized program employes.
(b) If the product is found to be on further inspection adulterated all official inspection legends or other official marks for which the product is found to be ineligible shall be removed or defaced and the product shall be subject to condemnation and disposal in accordance with Subchapter F (relating to disposal of condemned and other inedible products). A determination regarding adulteration may be deferred if a product has become soiled or unclean by falling on the floor or in any other accidental way or if the product is affected with any other condition which the inspector deems capable of correction. In such case the product shall be cleaned (including trimming if necessary) or otherwise handled in a manner approved by the inspector to assure that it will not be adulterated or misbranded and shall then be presented for reinspection and disposal in accordance with this section.
(c) If upon final inspection, the product is found to be neither adulterated nor misbranded, the inspector shall remove the “Pa. Retained” tag. If a product is found upon reinspection to be misbranded, it shall be held under a “Pa. Retained” tag as provided in Subchapter M (relating to miscellaneous provisions), pending correction of the misbranding or issuance of an order under section 16 of the act (31 P. S. § 483.16) to withhold from use the labeling or container of the product, or the institution of a judicial seizure action under section 15 of act (31 P. S. § 483.15) or other appropriate action.
(d) The inspector shall make a complete record of each transaction under this section and shall report his action to the officer in charge.
Cross References This section cited in 7 Pa. Code § 1.545 (relating to return of adulterated or misbranded products).
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