Subchapter A. GENERAL PROVISIONS
DEFINITIONS; APPLICATION; SCOPE Sec.
1.1. Definitions.
1.2. Application of inspection requirements.
1.3. Scope.
EXEMPTIONS
1.11. General.
1.12. Requirements for exempted products.
1.13. Operations of retail stores and restaurants.
1.14. Normal retail quantity.
1.15. Identity of retail store.
1.16. Identity of restaurant.
1.17. Similar retail-type establishments; consumers.
1.18. Adulteration and misbranding of exempted products.
INSPECTION PROCEDURES
1.21. Official numbers.
1.22. Separation of official establishments.
1.23. Sanitation and adequate facilities.
1.24. Specifications for equipment and sanitation prior to granting inspection.
1.25. Inauguration of inspection.
1.26. Withdrawal of inspection.
1.27. Reports of violations.
PROGRAM EMPLOYES
1.31. Designation of veterinary supervisor.
1.32. Access to establishments.
1.33. Identification card of inspectors.
1.34. Assignment and conduct of employes.
1.35. Appeals from employe decisions.
INSPECTION FACILITIES
1.41. Facilities for program employes.
1.42. Other facilities to be provided by the establishment.
1.43. Requirements for inspectors.
1.44. Hours of operation of official establishments.
1.45. Designation of days and hours of operation.
1.46. Overtime work of inspectors.
SANITATION
1.51. General requirements for official establishments.
1.52. Potable water supply.
1.53. Use of nonpotable water.
1.54. Reuse of water.
1.55. Hot water for cleaning.
1.56. Vector control; use of poisons.
1.57. Specific sanitary accommodations.
1.58. Construction of equipment; identification.
1.59. Scabbards for knives.
1.60. Rooms, compartments—general.
1.61. Sanitary operations and procedures.
1.62. Employe sanitation; clothing.
1.63. Product containers and means of conveyance.
1.64. Burlap wrapping for meat.
1.65. Second-hand containers; tank cars.
1.66. Storage rooms; outer premises
1.67. Tagging unsanitary facilities.
Cross References This subchapter cited in 7 Pa. Code § 1.156 (relating to conditions which may cause food poisoning); 7 Pa. Code § 1.202 (relating to separation of facilities for inedible and edible products); and 7 Pa. Code § 1.541 (relating to requirement for official inspection legend).
DEFINITIONS; APPLICATION; SCOPE
§ 1.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Meat and Poultry Hygiene Act of 1968 (31 P. S. § § 483.1—483.24).
Adulterated—Any carcass, part thereof, meat or meat food product which is in one or more of the following conditions:(i) Bears or contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, how-ever, the article shall not be considered adulterated under this subparagraph if the quantity of such substance in or on the article does not ordinarily render it injurious to health.
(ii) Bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive, which may, in the judgment of the Department, make such article unfit for human food.
(iii) If the article is, in whole or in part a raw agricultural commodity, and it bears or contains a pesticide chemical which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 346(a)).
(iv) Bears or contains:
(A) any food additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 348);
(B) any color additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 376); or
(C) any pesticide chemical, food additive or color additive prohibited for use in official establishments by this chapter.
(v) If it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food.
(vi) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(vii) If it is, in whole or in part, the product of an animal which has died otherwise than by slaughter.
(viii) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(ix) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 348).
(x) If any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.
(xi) If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid or decomposed substance, or is otherwise adulterated.
Animal food—Any article intended for use as food for dogs, cats or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock, except that the term does not include livestock and poultry feeds manufactured from processed animal by-products, such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat.
Animal food manufacturer—Any person engaged in the business of manufacturing or processing animal food except manufacturers of livestock and poultry feeds with respect to any activity of acquiring or using processed animal byproducts (such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat) in the manufacture of such feeds.
Artificial flavoring—A flavoring containing any sapid or aromatic constituent which was manufactured by a process of synthesis or other similar artifice.
Artificial coloring—A coloring containing any dye or pigment which was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.
Biological residue—Any substance, including metabolites, remaining in livestock at time of slaughter or in any of its tissues after slaughter as the result of treatment or exposure of the livestock to a pesticide, organic or inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent.
Bureau—The Bureau of Animal Health and Diagnostic Services of the Department of Agriculture.
Capable of use as human food—The term applies to any carcass, or part or product of a carcass of any livestock unless it is condemned, denatured or otherwise identified as inedible under the applicable provisions of this chapter to deter its use as a human food, or unless it is naturally inedible by humans, such as hoofs or horns in their natural state.
Carcass—All parts, including viscera, of any slaughtered livestock.
Chemical preservative—Any chemical that, when added to a meat or meat food product, tends to prevent or retard deterioration thereof but does not include common salt, sugars, vinegars, spices or oils extracted from spices or substances added to meat and meat food products by exposure to wood smoke.
Chief—The Chief of the Division of Meat Hygiene or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.
Commerce—Commerce within this Commonwealth.
Cutting up—Any division of any carcass or part thereof, except the trimming of carcasses or parts thereof to remove surface contaminants.
Dead livestock—The body (cadaver) of livestock which has died otherwise than by slaughter.
Department—The Department of Agriculture of the Commonwealth.
Division—The Division of Meat Hygiene of the Bureau.
Dying, diseased or disabled livestock—Livestock which has or displays symptoms of having any of the following:(i) Central nervous system disorder.
(ii) Abnormal temperature (high or low).
(iii) Difficult breathing.
(iv) Abnormal swellings.
(v) Lack of muscular coordination.
(vi) Inability to walk normally or stand.
(vii) Any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with Subchapter B of this Chapter (relating to antemortem inspections).
Edible—Intended for use as human food.
Experimental animal—Any animal used in any research investigation involving the feeding or other administration of, or subjection to, an experimental biological product, drug or chemical or any nonexperimental biological product, drug or chemical used in a manner for which it was not intended.
Federal Act—The Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 301 et seq.).
Firm—Any partnership, association or other unincorporated business organization.
Further processing—The smoking, cooking, canning, curing, refining, or rendering in an official establishment of product previously prepared in official establishments.
Immediate container—The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.
Inedible—Adulterated, uninspected or not intended for use as human food.
‘‘Inspected and Passed’’ or ‘‘Pa. Inspected and Passed’’ or Pa. Inspected and Passed by Department of Agriculture’’ (or any authorized abbreviation thereof)—The product so identified has been inspected and passed under the provisions of this Chapter, and at the time it was inspected, passed and identified, it was found to be not adulterated.
Inspector—An inspector of the Meat Inspection Program.
Label—A display of written, printed or graphic matter upon the immediate container (not including package liners) of any article.
Labeling—All labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such article.
Livestock—Cattle, sheep, swine or goats.
Meat—The part of the muscle of any cattle, sheep, swine or goats, which is skeletal or which is found in the tongue, diaphragm, heart or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.
Meat byproduct—Any part capable of use as human food, other than meat, which has been derived from one or more cattle, sheep, swine or goats.
Meat food product—Any article capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine or goats, except those exempted from definition as a meat food product by the Department in specific cases or by the provisions of Subchapter H (relating to marking and labeling) upon a determination that they contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and if they comply with any requirements that are imposed in such cases or regulations as conditions of such exemptions to assure that the meat or other portions of such carcasses contained in such articles are not adulterated and that such articles are not represented as meat food products.
Meat broker—Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employe of another person.
Misbranded—Applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:(i) If its labeling is false or misleading in any particular.
(ii) If it is offered for sale under the name of another food.
(iii) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word ‘‘imitation’’ and immediately thereafter, the name of the food imitated.
(iv) If its container is so made, formed or filled as to be misleading.
(v) If in a package or other container unless it bears a label showing:
(A) the name and place of business of the manufacturer, packer or distributor; and
(B) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, except as otherwise provided in Subchapter H (relating to marking and labeling).
(vi) If any word, statement or other information required by or under authority of the act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(vii) If it purports to be or is represented as a food for which a standard of identity or composition has been prescribed in Subchapter J (relating to product standards of identity) unless:
(A) it conforms to such definition and standard; and
(B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.
(viii) If it purports to be or is represented as a food for which a standard of fill of container have been prescribed in Subchapter J and it falls below such standard, unless its label bears, in the manner and form as such regulations specify, a statement that it falls below the standard:
(ix) Except as otherwise provided in subparagraph (vii), if its label does not bear:
(A) the common or usual name of the food, if any, and
(B) if it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except as otherwise provided in Subchapter H.
(x) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties.
(xi) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears a label stating that fact, except as otherwise provided in Subchapter H.
(xii) If it fails to bear (directly thereon or on its containers) when required by the provisions of this chapter, the inspection legend and such other information as the Department may require, to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
Official certificate—Any certificate prescribed by the provisions of this Chapter for issuance by an inspector or other person performing official functions under the act.
Official device—Any device prescribed by Subchapter E (relating to official marks, devices and certificates) for use in applying any official mark.
Official establishment—Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering or similar establishment at which inspection is maintained under the provisions of this chapter.
Official inspection legend—Any symbol prescribed by the provisions of this Chapter showing that an article was inspected and passed in accordance with the act.
Official mark—The official inspection legend or any other symbol prescribed by the provisions of this Chapter to identify the status of any article or animal under the act.
Pa. Condemned—Livestock so identified has been inspected and found to be in a dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.
Pa. Inspected and Condemned (or any authorized abbreviation thereof)—The carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned.
Pa. Passed For Cooking—The meat or meat byproduct so identified has been inspected and passed on condition that it be cooked or rendered as prescribed by § 1.217 (relating to rendering products passed for cooking; lard, pork fat and tallow).
Pa. Passed for Refrigeration—The meat or meat byproduct so identified has been inspected and passed on condition that it be refrigerated or otherwise handled as prescribed in Subchapter D (relating to disposal of diseased or otherwise adulterated carcasses).
Pa. Rejected—The equipment, utensil room, compartment or article so identified may not be used until the condition for its rejection has been corrected to an inspector’s satisfaction.
Pa. Retained—The carcass, viscera, other part of carcass, or other product or article so identified is held for further examination by an inspector to determine its disposal.
Pa. Suspect—Livestock so identified is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by an inspector to determine its disposal.
Prepared—Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed.
Product—Any carcass, meat, meat byproduct or meat food product capable of use as human food.
Program—The Meat Inspection Program of the Division of Meat Hygiene.
Program employe—Any inspector or other individual employed by the Department or any cooperating agency who is authorized by the Department to do any work or perform any duty in connection with the program.
Region—One of the seven regions of the Department.
Renderer—Any person engaged in the business of rendering carcasses or parts or products of the carcasses of any livestock except rendering conducted under inspection or exemption.
Shipping container—The outside container (box, bag, barrel, crate or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.
Supervision—The controls, as prescribed in instructions to program employes, to be exercised by them over particular operations to insure that such operations are conducted in compliance with the act and the provisions of this Chapter.
Veterinary supervisor—The officer in charge of meat inspection in a region.(b) In addition to the definitions in subsection (a) and the respective subchapters of this chapter the definitions of the following terms contained in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321(q)—(t)) shall apply to this chapter:
(1) Color additive.
(2) Food additive.
(3) Pesticide chemical.
(4) Raw agricultural commodity.
Source The provisions of this § 1.1 amended August 25, 1972, 2 Pa.B. 1606. Immediately preceding text appears at serial page (2838).
§ 1.2. Application of inspection requirements.
(a) Except as otherwise provided, inspection under this chapter shall be required at every establishment in which any livestock are slaughtered for transportation or sale as articles of commerce, or in which any products of, or derived from carcasses of livestock are, in whole or in part, prepared for transportation as sale as articles of commerce, and which are intended for use as human food.
(b) Before the inspection is granted, the operator of each establishment of the kind required by subsection (a) to have inspection shall make application therefor to the Administrator as provided in this section.
(c) Every application under this section shall be made on a form furnished by the Program, Meat Hygiene Division, Pennsylvania Department of Agriculture, Harrisburg, Pennsylvania 17120, and shall include all information called for by that form, including the name, address, and type of legal entity of any tenant, and the name and principal office address of any subsidiary corporation that will prepare product or conduct any other operation at the establishment for which inspection is requested. The applicant for inspection will be held responsible for compliance by all such tenants or subsidiaries with the act and the regulations in this subchapter at such establishment if inspection is granted. The tenants and subsidiaries will also be held responsible for compliance with the act and regulations in this subchapter. Preparation of product and other operations at the establishment for which inspection is granted may be conducted only by the applicant and any of its tenants and subsidiary corporations named in the application.
(d) In cases of change of ownership, location, tenants or subsidiaries, a new application shall be made.
(e) Each applicant for inspection shall submit to the program, four copies of the following:
(1) Complete drawings with specifications of the floor plans of the establishment for which inspection is requested, showing the locations of principal pieces of equipment, floor drains, principal drainage lines, handwashing basins and hose connections for cleanup purposes.
(2) A plot plan showing the limits of the establishment’s premises, locations in outline of buildings on the premises, cardinal points of the compass and roadways and railways serving the establishment.
(3) A room schedule showing the finish of walls, floors and ceilings of all rooms in the establishment. The specifications shall include statements describing the water supply, plumbing, drainage, refrigeration, equipment, lighting and operations of the establishment related to sanitation and proper performance of inspection. Applicants for inspection may request information from the Administrator concerning the requirements before submitting drawings and other documents required by this paragraph.
(f) The Administrator is authorized to grant inspection 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 section or the requirements of § § 1.21—1.27, 1.31—1.35, 1.41—1.46 and 1.51—1.67 or that the applicant has not received approval of labeling and containers to be used at the establishment as required by the Subchapter H (relating to marking and labeling). When inspection is refused for any reason, the applicant will be informed of the action and the reasons therefor and afforded an opportunity to present his views.
Source The provisions of this § 1.2 amended September 17, 1971, 1 Pa.B. 1825.
§ 1.3. Scope.
All livestock and all products entering any official establishment and all products prepared, in whole or in part, therein, shall be inspected, handled, stored, prepared, packaged, marked and labeled as required in this chapter.
EXEMPTIONS
§ 1.11. General.
The requirements of the act and this chapter for inspection of the preparation of products shall not apply to the following:
(1) The slaughtering by an individual of livestock of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such livestock exclusively for use by him and members of his household and his nonpaying guests and employes.
(2) The custom slaughter by any person of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by the slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such livestock, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employes or the custom preparation by any person of carcasses, parts thereof, meat or meat food products derived from the slaughter by any individual of cattle, sheep, swine or goats of his own raising or from game animals delivered by the owner thereof for such custom preparation, and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner, by him and members of his household and his nonpaying guests and employes if the following requirements are met by such custom operator:
(i) The establishment in which the custom operations are conducted is maintained and operated in accordance with § § 1.51—1.66.
(ii) If the custom operator prepares or handles any products for sale, they are kept separate and apart from the custom prepared products at all times while the latter are in his custody.
(iii) The custom prepared products are plainly marked in branding ink ‘‘Not for Sale’’ in letters three-eighths inch in height except that such products need not be so marked if they are in immediate containers labeled in accordance with § 1.277 (relating to labeling custom prepared products).
(iv) If exempted custom slaughtering or other preparation of products is conducted in an official establishment, all facilities and equipment in the official establishment used for such custom operations shall be thoroughly cleaned and sanitized before they are used for preparing any products for sale.
Cross References This section cited in 7 Pa. Code § 1.12 (relating to requirements for exempted products); 7 Pa. Code § 1.15 (relating to identity of retail store); 7 Pa. Code § 1.234 (relating to custom prepared products); and 7 Pa. Code § 1.297 (relating to game animals and custom-slaughtered livestock).
§ 1.12. Requirements for exempted products.
(a) Custom prepared products exempted under § 1.11 (relating to general) shall not be adulterated and shall be prepared and handled in accordance with the appropriate provisions of this chapter.
(b) Custom operators shall keep records, in addition to records otherwise required by this chapter, showing the numbers and kinds of livestock slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the livestock and products.
(c) Articles capable of use as human food, resulting from the exempted custom slaughter or other preparation of products shall be promptly denatured or otherwise identified in accordance with § 1.549 (relating to denaturing procedures) of this subchapter and not removed from the establishment where the custom operations are conducted until so identified, unless they are delivered to the owner of the articles for use in accordance with § 1.11(2).
§ 1.13. Operations of retail stores and restaurants.
Operations of types traditionally and usually conducted at retail stores and restaurants and which are exempt from inspection are the following:
(1) Cutting up, slicing and trimming carcasses, halves, quarters or wholesale cuts into retail cuts such as steak, chops and roasts, and freezing the cuts.
(2) Grinding and freezing products made from meat.
(3) Curing, cooking, smoking or other preparation of products except slaughtering, rendering or refining of livestock fat or the retort-processing of canned products.
(4) Breaking bulk shipments of products.
(5) Wrapping or rewrapping products.
Cross References This section cited in 7 Pa. Code § 1.15 (relating to identity of retail store); and 7 Pa. Code § 1.16 (relating to identity of restaurant).
§ 1.14. Normal retail quantity.
Any quantity or product purchased by a consumer from a particular retail supplier shall be deemed to be a normal retail quantity if the quantity so purchased does not in the aggregate exceed one-half carcass. The following amounts of product shall be accepted as representing one-half carcass of the species identified:
Product One-Half Carcass
(Pounds)Cattle 300 Calves 37.5 Sheep 27.5 Swine 100 Goats 25
Cross References This section cited in 7 Pa. Code § 1.15 (relating to identity retail store); and 7 Pa. Code § 1.16 (relating to identity of restaurant).
§ 1.15. Identity of retail store.
(a) A retail store is any place of business which complies with the following requirements:
(1) Sales of product are made to consumers only.
(2) At least 75%, in terms of dollar value, of the total sales of product represents sales to household consumers and the total dollar value of product sales to consumers other than household consumers does not exceed $10,000 annually.
(3) Only Federally or State inspected and passed product is handled or used in the preparation of any product, except that product resulting from the custom slaughter or preparation of product may be handled or used, but not for sale, in accordance with § 1.11(2) (relating to general).
(4) No sale of product is made in excess of a normal retail quantity as defined in § 1.14 (relating to normal retail quantity).
(5) The preparation of products for sale to household consumers is limited to the operations specified in § 1.13 (relating to operations of retail stores and restaurants).
(6) The preparation of products for sale to other than household consumers is limited to the operations specified in § 1.13(1),(2),(4) and (5).
(b) A retail store at which custom slaughtering or preparation of products is conducted is not thereby disqualified from exemption as a retail store.
Cross References This section cited in 7 Pa. Code § 1.16 (relating to identity of restaurant).
§ 1.16. Identity of restaurant.
A restaurant is any establishment which complies with the following requirements:
(1) Product is prepared only for sale or service in meals or as entrees, directly to individual consumers at such establishment.
(2) Only Federally or State Inspected and passed product or such product prepared at a retail store exempted under § 1.15 (relating to identity of retail store) is handled or used in the preparation of any product.
(3) No sale of product is made in excess of a normal retail quantity as defined in § 1.14 (relating to normal retail quantity).
(4) The preparation of product is limited to the operations specified in § 1.13 (relating to operations of retail stores and restaurants). This includes a caterer who delivers or serves product in meals or as entrees to individual consumers only and who otherwise meets the requirements of this section.
Source The provisions of this § 1.16 amended September 17, 1971, 1 Pa.B. 1825. Immediately preceding text appears at serial page (1207).
§ 1.17. Similar retail-type establishments; consumers.
(a) The following establishments shall also be exempted from the inspection under this chapter:
(1) Any combination retail store and restaurant.
(2) Any delicatessen which meets the requirements of a retail store as a restaurant.
(3) Any other establishment specified by the Department.
(b) A consumer is any household consumer, hotel, restaurant or similar institution specified by the Department.
§ 1.18. Adulteration and misbranding of exempted products.
(a) The adulteration and misbranding provisions of the act and of this chapter except the requirement for an official inspection legend shall apply to articles which are exempted from inspection. This includes the requirement for destruction of trichina in pork and any product containing only pork in compliance with § 1.331 (relating to treatment of pork and products containing pork).
(b) The Department may extend the inspection requirements to any establishment at which products are prepared for distribution, if it determines, in accordance with the provisions of the act, that it is producing adulterated products which would clearly endanger the public health.
(c) The Department in specific cases, may modify by relieving the inspection and related requirements of this chapter when it determines that application of the modified requirements will be adequate to effectuate the purposes of the act.
INSPECTION PROCEDURES
§ 1.21. Official numbers.
(a) An official number shall be assigned to each establishment granted inspection. The number shall be used to identify all inspected and passed products prepared in the establishment. More than one number shall not be assigned to an establishment.
(b) Two or more official establishments under the same ownership or control shall be assigned individual numbers.
(c) When inspection has been granted to any applicant at an establishment it shall not be granted to any other person at the same establishment, except that a subsidiary or tenant of the grantee, preparing any product at the establishment, may receive inspection at the same establishment.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.22. Separation of official establishments.
(a) Each official establishment shall be separate and distinct from any unofficial establishment, except a poultry products processing establishment operated under the act or under State inspection.
(b) The slaughter or other preparation of products of horses, mules or other equines shall be done in establishments separate from any establishment in which cattle, sheep, swine or goats are slaughtered or their products are prepared.
(c) Inspection shall not be inaugurated in any building any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls and ceilings of solid concrete, brick, wood or similar material, and the floor, walls and ceilings are without openings that directly or indirectly communicate with any part of the building used as living quarters.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.23. Sanitation and adequate facilities.
(a) Inspection may not be inaugurated unless the establishment:
(1) Is in a sanitary condition.
(2) Agrees to maintain a sanitary condition.
(3) Provides adequate facilities for conducting inspections.
(b) Prior to the inauguration of inspection, an examination of the establishment and premises shall be made by a program employe and sanitation requirements and facilities necessary for inspection shall be specified by him.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.24. Specifications for equipment and sanitation prior to granting inspection.
(a) Three copies of drawings with specifications, plot plan and room schedule for remodeling any official establishment or part thereof, and for new structures to be used in an official establishment or part thereof, shall be submitted to the Department and approval obtained for the plans in advance of construction.
(b) Subsection (a) supersedes 1 Pa. Code § 33.15 (relating to number of copies).
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.25. Inauguration of inspection.
(a) When inspection is granted, the veterinary supervisor shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of this chapter.
(b) If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed and marked in compliance with this chapter, the identity of such product shall be maintained, and it shall not be distributed in commerce or otherwise subject to this chapter or dealt with as inspected and passed.
(c) The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the Department may prescribe, for carrying out the purposes of this section.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.26. Withdrawal of inspection.
(a) —
(1) The Department may withdraw inspection from an official establishment where the sanitary conditions are such that its products are rendered adulterated, or for failure of the operator to destroy condemned products as required by the act and this chapter.
(2) Inspection may be withdrawn in accordance with the applicable rules of practice.
(b) —
(1) Inspection service may be withheld when the operator of any official establishment or tenant therein, or any officer, employe or agent or any such operator or any subsidiary or tenant therein, acting within the scope of his office, employment or agency assaults, resists, opposes, impedes, intimidates or interferes with any program employe while engaged in or on account of the performance of his official duties under the act.
(2) Such withholding of inspection shall continue in effect until assurances acceptable to the Department are received that there cannot be any recurrences.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.27. Reports of violations.
Program employes shall report in a manner prescribed by the Department all violations of the provisions of the act or of this chapter of which they have information.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
PROGRAM EMPLOYES
§ 1.31. Designation of veterinary supervisor.
The Chief shall designate the veterinary supervisor in each region and assign to such supervisor assistants as may be necessary.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.32. Access to establishments.
For the purpose of any inspection necessary to prevent the use in commerce of any adulterated product, program employes shall have access at all times, by day or night, to every part of any official establishment to which they are assigned, whether the establishment is operated or not. Access to establishments is also authorized in accordance with section 14 of the act (31 P. S. § 483.14) and Subchapter K (relating to records, registration and reports).
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.33. Identification card of inspectors.
Each inspector shall be furnished with a numbered official card of identification which he shall not allow to leave his possession. This card shall be sufficient identification to entitle him to admittance at all regular entrances and to all parts of the establishment and premises to which he is assigned.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.34. Assignment and conduct of employes.
(a) Assignment. Except as specifically authorized by the Department no program employe shall be detailed for duty at an establishment where any member of his family is employed by the operator of the establishment or any tenant or subsidiary of such operator, nor shall any officer in charge or other employe acting in a supervisory capacity be continued on duty at a circuit where any member of his family is so employed at any establishment under his jurisdiction.
(b) Soliciting employment. program employes are forbidden to solicit for any person employment at any official establishment, or by any officer, manager, or employe thereof.
(c) Procuring product. program employes shall not procure product from any official establishment or any other establishment if its operations or products are inspected or regulated under the act or any other law administered by the Department unless the store or outlet from which the purchase is made is open to the general public and the price paid by such employe is the same as the price paid by the general public. program employes shall pay, and obtain receipts for money paid to such establishments for all such products and keep such receipts subject to inspection by supervisory employes or other authorized Department employes.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.35. Appeals from employe decisions.
Any appeal from a decision of any program employe shall be made to his immediate supervisor having jurisdiction over the subject matter of the appeal, except as otherwise provided in the applicable rules of practice.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
INSPECTION FACILITIES
§ 1.41. Facilities for program employes.
(a) 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 employes assigned thereto. The space set aside for this purpose shall meet with approval of the officer in charge 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 employes to change clothing if such facilities are deemed necessary by the officer in charge.
(b) At the discretion of the Department, small plants requiring the services of less than one full time inspector need not furnish facilities for program employes where adequate facilities exist in a nearby convenient location.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.42. Other facilities to be provided by the establishment.
When required by the veterinary supervisor, the following facilities and conditions, and such others as may be found to be essential to efficient conduct of inspection and maintenance of sanitary conditions, shall be provided by each official establishment:
(1) —
(i) Satisfactory pens, equipment and assistants for conducting antemortem inspection and for separating, marking and holding apart from passed livestock those marked ‘‘Pa. Suspect’’ and those marked ‘‘Pa. Condemned.’’
(ii) Pens, alleys, and runways shall be paved, drained and supplied with adequate hose connections for cleanup purposes.
(2) Sufficient light to be adequate for proper conduct of inspection.
(3) —
(i) Racks, receptacles or other suitable devices for retaining such parts as the head, tongue, tail, thymus gland and viscera, and all parts and blood to be used in the preparation of meat food products or medical products, until after the postmortem examination is completed, in order that they may be identified in case of condemnation of the carcass.
(ii) Equipment, trucks and receptacles for the handling of viscera of slaughtered animals so as to prevent contact with the floor.
(iii) Trucks, racks, marked receptacles, tables and other necessary equipment for the separate and sanitary handling of carcasses or parts passed for cooking.
(4) Tables, benches and other equipment on which inspection is to be performed of such design, material and construction as to enable program employes to conduct their inspection in a ready, efficient and clean manner.
(5) —
(i) Watertight metal trucks or receptacles for holding and handling diseased carcasses and parts, so constructed as to be readily cleaned.
(ii) Such trucks or receptacles shall be marked in a conspicuous manner with the phrase ‘‘Pa. Condemned’’ in letters not less than two inches high and, when required by the officer in charge, shall be equipped with facilities for locking or sealing.
(6) Adequate facilities, including liquid soap and cleansers, for cleansing and disinfecting hands, for sterilizing all implements used in dressing diseased carcasses, floors, and such other articles and places as may be contaminated by diseased carcasses or otherwise.
(7) —
(i) In establishments in which slaughtering is done, rooms, compartments or specially prepared open places, to be known as ‘‘final inspection places,’’ at which the final inspection of retained carcasses may be conducted.
(ii) Competent assistants for handling retained carcasses and parts shall be provided by the establishment.
(iii) Final inspection places shall be adequate in size and their rail arrangement and other equipment shall be sufficient to prevent carcasses and parts passed for food or cooking from being contaminated by contact with condemned carcasses or parts; they shall be equipped with hot water, lavatory, sterilizer, tables and other equipment required for ready, efficient, and sanitary conduct of the inspection.
(iv) The floors shall be of such construction as to facilitate the maintenance of sanitary conditions and shall have proper drainage connections, and when the final inspection place is part of a larger floor, it shall be separated from the rest of the floor by a curb, railing or otherwise.
(8) —
(i) Retention rooms, cages or other compartments, and receptacles in which carcasses and product may be held for further inspection.
(ii) These shall be in such number and in such locations as the needs of the inspection in the establishment may require; they shall be equipped for secure locking or sealing and shall be held under locks or official seals furnished by the Department. The keys of such locks shall not leave the custody of program employes.
(iii) Every such room, compartment or receptacle shall be marked conspicuously with the phrase ‘‘Pa. Retained’’ in letters not less than two inches high.
(iv) Rooms or compartments for these purposes shall be secure and susceptible of being kept clean, including a sanitary disposal of the floor liquids.
(v) Establishment employes shall not enter any retention rooms or compartments or open any retention receptacles unless authorized by program employes.
(9) —
(i) Adequate facilities, including denaturing materials, for the proper disposal of condemned articles.
(ii) Tanks or other rendering equipment shall be properly equipped for sealing when required by the provisions in Subchapter F (relating to disposal of condemned and other unedible products) or by the officer in charge in specific cases.
(10) Docks and receiving rooms, to be designated by the operator of the official establishment with the officer in charge, for the receipt and inspection of all products as provided in § 1.314 (relating to receiving place for articles to be reinspected).
(11) —
(i) Suitable lockers in which brands bearing the official inspection legend and other official devices (excluding labels) and official certificates shall be kept when not in use.
(ii) All such lockers shall be equipped for sealing or locking with locks or seals to be supplied by the Department and the keys of such locks shall not leave the custody of program employes.
(12) Sanitary facilities and accommodations as prescribed by § 1.57 (relating to specific sanitary accomodations).
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.43. Requirements for inspectors.
The Department shall furnish the inspectors’ work clothing and implements such as flashlights and knives for conducting inspections.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.44. Hours of operation of official establishments.
(a) The operator of each official establishment shall inform the officer in charge or his assistant when work in each department has been concluded for the day, and of the day and hour when work will be resumed therein.
(b) Whenever any product is to be overhauled or otherwise handled in an official establishment during unusual hours, the establishment operator shall notify the veterinary supervisor or his assistant, within a reasonable time in advance, of the day and hour when such work will be commenced and such products shall not be handled prior to that time.
(c) No department of an official establishment in which are conducted operations requiring inspection shall be operated except under the supervision of a program employe.
(d) All slaughtering of livestock and preparation of products shall be done within reasonable hours, and with reasonable speed, considering the facilities of the establishment.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.45. Designation of days and hours of operation.
When one inspector is detailed to conduct the work at two or more official establishments where few livestock are slaughtered or where but a small quantity of any product is prepared, the Department may designate the hours of the day and the days of the week during which operations requiring inspection in such establishments may be conducted.
Source The provisions of this § 1.45 added October 22, 1971 1 Pa.B. 2014.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
§ 1.46. Overtime work of inspectors.
The operator of an official establishment desiring to work under conditions which will require the services of a program employe on any Saturday, Sunday, or holiday, or for more than eight hours on any other day, shall, sufficiently in advance of the period of overtime, request the officer in charge or his assistant to furnish inspection service during such overtime period, and shall pay the Department therefor an amount sufficient to reimburse it for the cost of the inspection services so furnished. It will be administratively determined from time to time which days constitute holidays.
Source The provisions of this § 1.46 added August 25, 1972, 2 Pa.B. 1606.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements).
SANITATION
§ 1.51. General requirements for official establishments.
(a) Lighting and ventilation. There shall be abundant light of good quality and well distributed, and sufficient ventilation for all rooms and compartments to insure sanitary conditions.
(b) Plumbing. There shall be an efficient drainage and plumbing system for the establishment and premises, and all drains and gutters shall be properly installed with traps and vents approved by the officer in charge.
(c) Interior construction. The floors, walls, ceilings, partitions, posts, doors and other parts of all structures shall be of such materials, construction and finish as will make them susceptible of being readily and thoroughly cleaned. The floors shall be kept watertight. The rooms and compartments used for edible product shall be separate and distinct from those used for inedible product.
(d) Rails. Rails shall be located and passageway space provided so that exposed product does not come in contact with posts, walls and other fixed parts of the building, or with barrels, boxes and other containers trafficked through holding and operating areas. Exposed product shall not be placed or stored beneath carcasses in coolers or holding areas.
(e) Dust and odors. The rooms and compartments in which any product is prepared or handled shall be free from dust and from odors from dressing and toilet rooms, catch basins, hide cellars, casing rooms, inedible tank and fertilizer rooms, and livestock pens.
(f) Dogs and cats. Dogs and cats shall be excluded from the interior of official establishments but dogs may be permitted on the outer premises for guard purposes.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); 7 Pa. Code § 1.57 (relating to specific sanitary accommodations); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.52. Potable water supply.
(a) The water supply shall be ample, clean and potable, with adequate facilities for its distribution in the plant and its protection against contamination and pollution.
(b) Every establishment shall make known and, whenever required by the veterinary supervisor, shall afford opportunity for inspection of the source of its water supply, the storage facilities and the distribution system.
(c) Equipment using potable water shall be so installed as to prevent back-siphonage into the potable water system.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.53. Use of nonpotable water.
(a) Nonpotable water is permitted only in those parts of official establishments where no edible product is handled or prepared, and then only for limited purposes such as on ammonia condensers not connected with the potable water supply, in vapor lines serving inedible product rendering tanks, in connection with equipment used for hashing and washing inedible products preparatory to tanking, and in sewer lines for moving heavy solids in the sewage.
(b) Nonpotable water is not permitted for washing floors, areas or equipment involved in trucking materials to and from edible product departments, in hog scalding vats, dehairing machines, or vapor lines serving edible product rendering equipment, or for cleanup of shackling pens, bleeding areas, or runways within the slaughtering department.
(c) In all cases, nonpotable water lines shall be clearly identified and shall not be cross-connected with the potable water supply unless this is necessary for fire protection and such connection is of a type with an adequate break to assure against accidental contamination, and is approved by local authorities and by the veterinary supervisor.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.54. Reuse of water.
(a) The veterinary supervisor may permit the reuse of water in vapor lines leading from deodorizers used in the preparation of lard and similar edible product and in equipment used for the chilling of canned product after retorting, if the reuse is for the identical original purpose and the following precautions are taken to protect the water that is reused:
(1) All pipelines, reservoirs, tanks, cooling towers and like equipment employed in handling the reused water are so constructed and installed as to facilitate their cleaning and inspection.
(2) Complete draining and disposal of the reused water, effective cleaning of the equipment, and renewal with fresh potable water is accomplished at such intervals as may be necessary to assure an acceptable supply of water for the purpose intended.
(3) Effective chlorination (not less than approximately one part per million of residual chlorine at any point within the cooling system) of the reused water utilized for cooling canned product is maintained but with the understanding that chlorination alone shall not be relied upon entirely or accepted in lieu of the requirements in paragraphs (1) and (2).
(b) Approval for the reuse of water other than as specified in subsection (a) shall be obtained from the Department in specific cases.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.55. Hot water for cleaning.
(a) An ample supply of water at not less than 180 F shall be furnished and used for the cleaning of inspection equipment and other equipment, floors and walls which are subject to contamination by the dressing or handling of diseased carcasses, their viscera, and other parts. Whenever necessary to determine compliance with this requirement, conveniently located thermometers shall be installed by the operator of the official establishment to show the temperature of the water at the point of use.
(b) Hot water for cleaning rooms and equipment other than those mentioned in subsection (a) shall be delivered under pressure to sufficient convenient outlets and shall be of such temperature as to accomplish a thorough cleanup.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.56. Vector control; use of poisons.
(a) Every practicable precaution shall be taken to exclude flies, rats, mice and other vermin from official establishments. The use of poisons for any purpose in rooms or compartments where any unpacked product is stored or handled is forbidden, except as prescribed by the veterinary supervisor in specific cases.
(b) The use of insecticides, rodenticides, and similar pest control substances in hide cellars, inedible product departments, outbuildings, or similar places or in storerooms containing canned or tierced products is not forbidden but only those approved by the Department may be used. So-called rat viruses shall not be used in any part of an establishment or the premises thereof.
(c) A list of approved pest control substances is available upon request from the Technical Services Division, Consumer and Marketing Service, United States Department of Agriculture, Washington, D.C. 20250.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.57. Specific sanitary accommodations.
Adequate sanitary facilities and accommodations shall be furnished by every official establishment. Of these, the following are specifically required:
(1) —
(i) Dressing rooms, toilet rooms, and urinals shall be sufficient in number, ample in size, and conveniently located. The rooms shall be provided with facilities to provide abundant light and ventilation and meet construction requirements in compliance with § 1.51 (relating to general requirements for official establishments).
(ii) They shall be separate from the rooms and compartments in which products are prepared, stored, or handled.
(iii) Where both sexes are employed, separate facilities shall be provided.
(2) Acceptable lavatories, including running hot and cold water, soap and towels, shall be placed in or near toilet and urinal rooms and also at such other places in the establishment as may be essential to assure cleanliness of all persons handling product.
(3) Toilet soil lines shall be separate from house drainage lines to a point outside the building and drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.
(4) Properly located facilities shall be provided for cleansing and disinfecting utensils and hands of all persons handling any product.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); 7 Pa. Code § 1.42 (relating to other facilities to be provided by the establishment); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.58. Construction of equipment; identification.
(a) Equipment and utensils used for preparing and otherwise handling any product shall be of such materials and construction as will make them susceptible of being readily and thoroughly cleaned and such as will insure strict cleanliness in the preparation and handling of all products. So far as is practicable, such equipment shall be made of metal or other impervious material.
(b) Trucks and receptacles used for inedible material shall bear some conspicuous and distinctive mark identifying them as used for such material, and shall not be used for handling edible products.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.59. Scabbards for knives.
Scabbards and similar devices for the temporary retention of knives, steels, triers and the like by workers and others at official establishments shall be constructed of rust-resisting metal or other impervious material, shall be of a type that may be readily cleaned, and shall be kept clean.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.60. Rooms, compartments—general.
Rooms, compartments, places, equipment and utensils used for preparing, storing, or otherwise handling any product, and all other parts of the establishment, shall be kept clean and in sanitary condition. There shall be no handling or storing of materials which create an objectionable condition in rooms, compartments, or places where any product is prepared, stored or otherwise handled.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.61. Sanitary operations and procedures.
(a) Operations and procedures involving the preparation, storing or handling of any product shall be strictly in accord with clean and sanitary methods.
(b) Rooms and compartments in which inspections are made and those in which livestock are slaughtered or any product is prepared shall be kept sufficiently free of steam and vapors to enable program employes to make inspections and to insure clean operations. The walls, ceilings and overhead structure of rooms and compartments in which product is prepared, handled or stored shall be kept reasonably free from moisture to prevent dripping and contamination of product.
(c) —
(1) Implements used in dressing diseased carcasses shall be thoroughly cleansed with hot water having a minimum temperature of 180°F or in a disinfectant approved by the Department, followed by rinsing in clean water.
(2) A list of approved disinfectants is available upon request to the Technical Services Division, Consumer and Marketing Service, United States Department of Agriculture, Washington, D.C. 20250.
(d) Equipment or substances which generate gases or odors shall not be used in official establishments except as permitted by this Chapter or by the veterinary supervisor in specific cases in which he determines that such use will not result in adulteration of any product.
(e) Products shall be protected from contamination from any source such as dust, dirt or insects during storage, loading or unloading at and transportation from official establishments.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.62. Employe sanitation; clothing.
(a) The employes of the establishment who handle any product shall keep their hands clean and, in all cases after visiting the toilet rooms or urinals, shall wash their hands before handling any product or implements used in the preparation of product.
(b) Butchers and others who dress or handle diseased carcasses or parts shall, before handling or dressing other carcasses or parts, cleanse their hands with liquid soap and hot water, and rinse them in clean water.
(c) Aprons, frocks and other outer clothing worn by persons who handle any product shall be of material that is readily cleansed. Clean garments shall be worn at the start of each working day and the garments shall be changed during the day when required by the veterinary supervisor.
(d) —
(1) Such practices as spitting on whetstones, spitting on the floor, placing skewers, tags or knives in the mouth, inflating lungs or casings with air from the mouth, or testing with air from the mouth such receptacles as tierces, kegs or casks containing or intended as containers of any product, are prohibited. Only mechanical means may be used for such testing.
(2) Care shall be taken to prevent the contamination of product with perspiration, hair, cosmetics, medications and similar substances.
(e) No operator of an official establishment or other person preparing product in an official establishment shall employ, in any department where any product is handled or prepared, any person showing evidence of a communicable disease in a transmissible stage, or known to be a carrier of such a disease, or while affected with boils, sores, infected wounds or other abnormal sources of microbiological contaminants.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.63. Product containers and means of conveyance.
(a) When necessary to avoid contamination of product with wood splinters or similar contaminants, slack barrels and similar containers and the cargo space of trucks, railroad cars or other means of conveyance shall be lined with suitable material of good quality before packing.
(b) Slack barrels and similar containers and trucks, railroad cars and other means of conveyance in which any product is transported shall be kept in a clean and sanitary condition.
(c) Paper used for covering or lining slack barrels and similar containers and the cargo space of trucks, railroad cars or other means of conveyance shall be of a kind which does not tear during use but remains intact when moistened by the product and does not disintegrate.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.64. Burlap wrapping for meat.
Since burlap used without any other material as a wrapping for meat deposits lint on the meat and does not sufficiently protect it from outside contamination, the use of burlap as a wrapping for meat shall not be permitted unless the meat is first wrapped with a good grade of paper or cloth of a kind which will prevent contamination with lint or other foreign matter.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.65. Second-hand containers; tank cars.
(a) Second-hand tubs, barrels and boxes intended for use as containers of any product shall be inspected when received at the official establishment and before they are cleaned. Those showing evidence of misuse rendering them unfit to serve as containers for food products shall be rejected. The use of those showing no evidence of previous misuse may be allowed after they have been thoroughly and properly cleaned. Steaming, after thorough scrubbing and rinsing, is essential to cleaning tubs and barrels.
(b) Tank cars and tank trailers shall conform to the following:
(1) Interiors of tank cars and tank trailers about to be used for the transportation of any product from an official establishment shall be carefully inspected by a program employe for cleanliness even though the last previous content was edible.
(2) Lye and soda solutions used in cleaning such cars and trailers shall be thoroughly removed by rinsing with clean water.
(3) Whenever possible, program employes shall enter tank cars or tank trailers with a light and examine all parts of the interior.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.66. Storage rooms; outer premises.
(a) All operating and storage rooms and departments of official establishments used for inedible materials shall be maintained in acceptably clean condition.
(b) The outer premises of every official establishment, including docks and areas where cars and vehicles are loaded, and the driveways, approaches, yards, pens and alleys, shall be properly paved and drained and kept in clean and orderly condition.
(c) All catch basins on the premises shall be of such construction and location and shall be given such attention as will insure their being kept in acceptable condition as regards odors and cleanliness. Catch basins may not be located in departments where any product is prepared, handled or stored.
(d) The accumulation on the premises of official establishments of any material in which flies may breed, such as hog hair, bones, paunch contents or manure, is prohibited. No other conditions that may result in adulteration of product or interfere with inspection shall be allowed in any official establishment or on its premises.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
§ 1.67. Tagging unsanitary facilities.
When in the opinion of a program employe, any equipment, utensil, room or compartment at an official establishment is unclean or its use would be in violation of any of the provisions of this Chapter, he will attach a ‘‘Pa. Rejected’’ tag thereto. No equipment, utensil, room or compartment so tagged shall again be used until made acceptable. Such tag so attached shall not be removed by anyone other than a program employe.
Cross References This section cited in 7 Pa. Code § 1.2 (relating to application of inspection requirements); and 7 Pa. Code § 1.195 (relating to marks for postmortem inspections; inspection of unacceptable equipment and facilities).
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