1 CRR-NY 318.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER VI. FOOD CONTROL
SUBCHAPTER H. INSPECTION OF MEAT, MEAT PRODUCTS AND POULTRY (ARTICLE 5-B AGRICULTURE AND MARKETS LAW)
ARTICLE 1. MEAT AND MEAT PRODUCTS
PART 318. ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION OF PRODUCTS
1 CRR-NY 318.2
1 CRR-NY 318.2
318.2 Reinspection, retention and disposal of meat and poultry products at official establishments.
Agriculture and Markets Law, ยง 96-z-34
(a) All products and all slaughtered poultry and poultry products brought into any official establishment shall be identified by the operator of the official establishment and shall be subject to reinspection at the time of receipt at the official establishment by a department employee at the official establishment in such manner and at such times as may be deemed necessary to assure compliance with the regulations in this Subchapter.
(b) All products, whether fresh, cured or otherwise prepared, even though previously inspected and passed, shall be reinspected by department employees as often as they may deem necessary in order to ascertain that they are not adulterated or misbranded at the time they enter or leave official establishments and that the requirements of the regulations in this Article are complied with.
(c) Reinspection may be accomplished through use of statistically sound sampling plans that assure a high level of confidence. The officer in charge shall designate the type of plan and the department employee shall select the specific plan to be used in accordance with instructions issued by the commissioner.
(d) A NYSDA&M retained tag shall be placed by a department employee at the time of reinspection at any official establishment on all products which are suspected on such reinspection of being adulterated or misbranded, and such products shall be held for further inspection. Such tags shall be removed only by authorized department employees. When further inspection is made, if the product is found to be adulterated, all official inspection legends or other official marks for which the product is found to be ineligible under the regulations in this Subchapter, shall be removed or defaced and the product will be subject to condemnation and disposal in accordance with Part 314 of this Article, except that a determination regarding adulteration may be deferred if a product has become soiled or unclean by falling on the floor or in any other accidental way or if the product is affected with any other condition which the inspector deems capable of correction, in which case the product shall be cleaned (including trimming if necessary) or otherwise handled in a manner approved by the inspector to assure that it will not be adulterated or misbranded and shall then be presented for reinspection and disposal in accordance with this section. If upon final inspection, the product is found to be neither adulterated nor misbranded, the inspector shall remove the NYSDA&M retained tag. If a product is found upon reinspection to be misbranded, it shall be held under a NYSDA&M retained tag, pending correction of the misbranding. The inspector shall make a complete record of each transaction under this subdivision and shall report his action to the officer in charge.
1 CRR-NY 318.2
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.