(A)
9 C.F.R. part 362 is hereby amended as follows:
(1)
In
9 C.F.R. 362.3 delete existing language and
insert:
"Any person who desires to receive
service under the regulations in this part for poultry or other product
eligible therefor under such regulations may make application for service to
the director, upon an application form which will be furnished by the director
upon request to the Ohio department of agriculture, division of meat
inspection, Reynoldsburg, Ohio 43068. The application must include all the
information called for by that form. The operation must meet the regulatory
requirements for 416, 417, and 418 prior to producing product for distribution.
In case of a change of name, ownership, management, or location, a new
application shall be made."
(2)
In
9 C.F.R. 362.5(b) delete existing
language and insert:
"The fees and charges provided for in
this section shall be paid by check, credit card, 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."
(3)
In
9 C.F.R. 362.5(c) delete existing
language and insert:
"The fees shall be billed as provided
for in this part at the rate established in paragraph (e) of this part, in
increments of tens 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."
(4)
In
9 C.F.R. 362.5,
insert paragraph
9 C.F.R. 362.5(e):
"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 part 362 is $
46.80 per hour per program employee."
(B)
9 C.F.R. part 381 is hereby amended as follows:
(1)
In
9 C.F.R. 381.10(a)(3) delete existing
language and insert:
"The slaughtering by any person of
poultry of his own raising, and the processing by him and transportation in
commerce of the poultry products exclusively for use by him and members of his
household and his nonpaying guests and employees provided, that in lieu of
complying with all the adulteration and misbranding provisions of the act, such
poultry is healthy and is slaughtered and processed under such sanitary
standards, practices, and procedures as result in the preparation of poultry
products that are sound, clean, and fit for human food, and the shipping
containers of such poultry products bear the producer's name and address and
the statement "ODA exempt #YYYY" (Y's equal plant 4 digit
number)."
(2)
In
9 C.F.R. 381.10(a)(4) delete existing
language and insert:
"The custom slaughter by any person of
poultry delivered by the owner thereof for such slaughter, and the processing
by such slaughterer and transportation in commerce of the poultry products
exclusively for use, in the household of such owner, by him and members of his
household and his nonpaying guests and the employees provided that such custom
slaughterer does not engage in the business of buying or selling any poultry
products capable of use as human food and provided further, that in lieu of
complying with all the adulteration and misbranding provisions of the act, such
poultry is healthy and is slaughtered and processed under such sanitary
standards as outlined in 9 C.F.R. part 416, practices, and procedures as result
in the preparation of poultry products that are sound, clean, and fit for human
food, and the shipping containers of such poultry products bear the producer's
name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit
number)."
(3)
In 9 C.F.R. part 381.10(a)(5) delete existing language
and insert:
"The slaughtering of sound and healthy
poultry and processing of poultry products therefrom in Ohio by any poultry
producer on his own premises with respect to poultry raised on his premises,
and the distribution by any person solely within the state of the poultry
products derived from such operations provided, that (i) in lieu of complying
with all the adulteration provisions of the act, such poultry is slaughtered
and otherwise processed and handled under such sanitary standards as outlined
in 9 C.F.R. part 416, practices and procedures as result in the preparation of
poultry products that are sound, clean, and fit for human food when so
distributed; (ii) such poultry products when so distributed, bear (in lieu of
labeling that would otherwise be required) the producer's name and address and
the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number) and such
poultry products are not otherwise misbranded; (iii) such producer and
distributor do not engage in the current calendar year in the business of
buying or selling any poultry or poultry products other than as specified in
this paragraph (a)(5) or (6) of this section; and (iv) neither such producer or
distributor slaughters or processes the products of more poultry than allowed
by paragraph (b) of this section except that producers may sell live birds to
other slaughter operations in excess of the volume limitation stated in
paragraph (b) of this section."
(4)
In 9 C.F.R. part 381.10(a)(6) delete existing language and insert:
"The slaughtering of sound and healthy
poultry or the processing of poultry products of such poultry in any State or
territory or the District of Columbia by any poultry producer or other person
for distribution by him solely within such jurisdiction directly to household
consumers, restaurants, hotels, and boardinghouses, for use in their own dining
rooms, or in the preparation of meals for sales direct to consumers provided,
that (i) in lieu of complying with all the adulteration provisions of the act,
such poultry is slaughtered and otherwise processed and handled under such
sanitary standards as outlined in 9 C.F.R. part 416, practices and procedures
as result in the preparation of poultry products that are sound, clean, and fit
for human food when distributed by such processor; (ii) such poultry products
when so distributed, bear (in lieu of labeling that would otherwise be
required) the producer's name and address and the statement "ODA exempt #YYYY"
(Y's equal plant 4 digit number) and such poultry products are not otherwise
misbranded; (iii) such processor does not engage in the current calendar year
in the business of buying or selling any poultry or poultry products other than
as specified in this paragraph (a)(6) or (5) of this section; and (iv) such
processor does not exceed the volume limitation prescribed in paragraph (b) of
this section except that producers may sell live birds to other slaughter
operations in excess of the volume limitation stated in paragraph (b) of this
section."
(5)
In 9 C.F.R. part 381.10, insert paragraph
381.10(b)(3):
"An operation can qualify for more than
one exemption provided that all of the following apply:
(i)
there is no
product stored on premises,
(ii)
all products are
immediately marked upon packaging with the appropriate labeling to identify the
producer's name and address and the statement "ODA exempt #YYYY" (Y's equal
plant 4 digit number),
(iii)
appropriate records are maintained as required in
section
918.24
of the Ohio revised code."
(6)
In 9 C.F.R. part 381.10(c)(2) delete the existing language and insert:
"Such poultry producer does not engage
in buying or selling poultry products other than those produced from poultry
raised on his own farm, except that producers may sell live birds to other
slaughter operations in excess of the volume limitation stated in paragraph
(c)(1) of this section, and"
(7)
In 9 C.F.R. part 381.10(d)(2)(i) delete existing language and insert:
"Operations of the types traditionally
and usually conducted at retail stores and restaurants only include simple
processing of poultry products, for example cutting of whole carcasses into
recognized parts for retail sale and exclude canning of poultry products and
exclude slaughtering of poultry."
(8)
In 9 C.F.R. part 381.10(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 entree', only to individual consumers and otherwise
meets the requirements of this paragraph."
(9)
In 9 C.F.R. part 381.10(d)(2)(iv)(c) delete existing language and insert:
"For purposes of this paragraph,
operations conducted as a restaurant central kitchen facility shall be
considered as being conducted at a restaurant if the restaurant central kitchen
prepares poultry 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 requirement of this paragraph:
Provided, That the requirements of §§ 381.175 through 381.178 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 poultry 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. "
(10)
In 9 C.F.R. part 381.11 delete the existing language and insert:
"Any person desiring a religious
exemption pursuant to this Act shall follow the procedures as outlined in rule 901:2-1-05 of the Ohio Administrative Code"
(11)
In 9 C.F.R. part 381.17 delete the existing language and insert:
"Every application for inspection at
any establishment shall be made by the operator on a form furnished by the Ohio
department of agriculture, division of meat inspection, 8995 East Main Street,
Reynoldsburg, Ohio, and shall include all information called for by that form,
including the name of any subsidiary corporation that will prepare any poultry
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 its subsidiaries with the requirements of the regulations
at such establishments if inspection is granted. Processing of poultry products
and other operations at the establishment for which inspection is granted may
be conducted only by the applicant, except that such a subsidiary of the
grantee, may conduct such operations at such establishment."
(12)
In 9 C.F.R. part 381.33 delete the 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."
(13)
In 9 C.F.R. part 381.38(a). Overtime and holiday
inspection service. Amend the paragraph to read:
"The management of an official
establishment, shall reimburse the program, at the rate specified in 9 C.F.R. part 381.39(d) for the cost of the inspection service furnished on any holiday
specified in paragraph (b) of this section; or for more than 8 hours on any
day, or more than 40 hours in any administrative workweek Sunday through
Saturday."
(14)
In 9 C.F.R. part 381.39(a) delete the existing language
and insert:
"Each recipient of overtime or holiday
inspection service, or both, shall be billed as provided in § 381.38(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."
(15)
In 9 C.F.R. part 381.39(b) delete the 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."
(16)
In 9 C.F.R. part 381.39(c) delete the 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."
(17)
In 9 C.F.R. part 381.39 insert paragraph
381.39(d):
"The overtime and holiday rate for
inspection services provided pursuant to section 307.5 is $ 46.80 per hour per
program employee."
(18)
In 9 C.F.R. part 381.96 delete existing language and insert:
"Except as otherwise provided in this
subpart, the official inspection legend required to be used with respect to
inspected and passed poultry products shall include wording as follows:
"Inspected for wholesomeness by Ohio department of agriculture."This wording
shall be contained within the outline of the state of Ohio. The form and
arrangement of such wording shall be exactly as indicated in the example in
figure below, except that the appropriate official establishment (EST.) number
shall be shown, and if the establishment number appears elsewhere on the
labeling material in the manner prescribed in section 381.123(b), it may be
omitted from the inspection mark. The administrator 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 official inspection
legend, or the approved abbreviation thereof, shall be printed on consumer
packages and other immediate containers of inspected and passed poultry
products, or on labels to be securely affixed to such containers of such
products and may be printed or stenciled thereon, but shall not be applied by
rubber stamping. When applied by a stencil, the legend shall not be less than 4
inches in diameter. An official brand must be applied to inspected and passed
carcasses and parts of ratites that are shipped unpacked."
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(19)
In 9 C.F.R. part 381.98 delete existing language and
insert:
"The official mark for use in sealing
means of conveyance used in transporting poultry products under any requirement
in this part shall be a serial numbered band seal approved by the director, and
any such seal approved by the administrator for applying such mark shall be an
official device."
(20)
In 9 C.F.R. part 381.516(c) delete existing language
and insert:
"The official inspection legend
required to be used with respect to poultry products processed in a selected
establishment and inspected by designated state personnel shall include wording
as follows: "Inspected for wholesomeness by U.S. Department of
Agriculture."This wording shall be contained within a circle. The form and
arrangement of such wording shall be exactly as indicated in the example in the
figure below, except that the appropriate official establishment number as
assigned by the Ohio department of agriculture pursuant to 9 C.F.R. part 381.515. The administrator 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 official inspection legend, or the approved
abbreviation thereof, shall be printed on consumer packages and other immediate
containers of inspected and passed poultry products, or on labels to be
securely affixed to such containers of such products and may be printed or
stenciled thereon, but shall not be applied by rubber stamping. When applied by
a stencil, the legend shall not be less than 4 inches in diameter. An official
brand must be applied to inspected and passed carcasses and parts of ratites
that are shipped unpacked.
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Replaces: 901:2-3-04, 901:2-7-04