(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 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 (free of charge) to assist, without compensation, a non-profit entity,
corporation, and/or association, a political subdivision, school, or any other
state or government agency acting as a caterer or central kitchen as those
entities are defined in Title 9 CFR, Part 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 delivers or serves
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:
Provided, That 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 HACCP plan, as required by
9 C.F.R. 417.2. During a period not to exceed 90 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 12 minutes, two tenths, 13 to 18 minutes, three tenths, 19 to
24 minutes, four tenths, 25 to 30 minutes, five tenths, 31 to 36 minutes, six
tenths, 37 to 42 minutes, seven tenths, 43 to 48 minutes, eight tenths, 49 to
54 minutes, nine tenths and 55 to 60 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 (50
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."
(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 be:
Click to
view image
For application to beef, hob, 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 be:
Click to
view image
(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
be:
Click to
view image
For application to beef, hog, veal,
sheep, and goat carcasses, primal parts and cuts there-from, livers, tongues,
hearts, burlap, muslin, cheesecloth, heavy paper or other acceptable material
that encloses carcasses or parts of carcasses the selected establishment
official inspection legend required by part 316 and part 332 of this subchapter
will be:
Click to
view image
(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:
Click to
view image
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:
Click to
view image
(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."
(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, bear, or large cats."
(2)
In
9 C.F.R. 352.1 insert new paragraph (bb):
"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
(cc)t:
"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
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. 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 12 minutes, two tenths, 13 to 18 minutes, three tenths, 19 to
24 minutes, four tenths, 25 to 30 minutes, five tenths, 31 to 36 minutes, six
tenths, 37 to 42 minutes, seven tenths, 43 to 48 minutes, eight tenths, 49 to
54 minutes, nine tenths and 55 to 60 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."
Click to
view image
(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 12 minutes, two tenths, 13 to 18 minutes, three tenths, 19 to
24 minutes, four tenths, 25 to 30 minutes, five tenths, 31 to 36 minutes, six
tenths, 37 to 42 minutes, seven tenths, 43 to 48 minutes, eight tenths, 49 to
54 minutes, nine tenths and 55 to 60 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 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)
Meat/Poultry Food
Products made from two or more ingredients."
(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."
(7)
In
9 C.F.R. 412.2(b) delete existing
language and insert:
"Generically approved labels are labels
that comply with the regulations and:
(1)
that have been
modified after "sketch approved as modified" by the Ohio Department of
Agriculture Labellings Staff,
(2)
Single Cuts of
Meat and/or Poultry that follow retail standards for labeling such
cuts.
(3)
Repackaging previously inspected products therefore
transposing all product and ingredient information from original label (except
for labels that bear special statements or claims defined in § 412.1(e)
).
(4)
Labels defined in 412.1 that are having the following
label features modified:
(A)
Change in Net Weight Statement provided it meets the
requirements of § 317.2(h),
(B)
Modification to
the inspection legend.
(C)
Changes in the name and address line.
(D)
Removal of
insignificant or not essential ingredients from an approved product
label,
(E)
Deletion of a special statement or claim from an
approved product label.
(F)
Allergen statements (e.g., "contains soy'') applied in
accordance with the Food Allergen Labeling and Consumer Protection Act are also
deemed generically approved."
Replaces: 901:2-1-04