Subchapter L. TRANSPORTATION

 (a)  Any product which has been inspected and passed may be transported from one official establishment to another for further processing without each article being marked with the official inspection legend, if it is so transported in a railroad car, motortruck, or other means of conveyance which is sealed by a program employe with an official seal of the Department.

 (b)  Unless 25% or more of the contents of each car or other means of conveyance consists of product not marked with the inspection legend, transportation shall not be permitted under subsection (a) of this section.

 (a)  Products passed for cooking, pork that has been refrigerated to destroy trichinae, and beef that is to be refrigerated to destroy cysticerci may be shipped loose from one official establishment to any other official establishment for further handling in railroad cars, trucks or other means of conveyance sealed with the official seal of the Department, if in the case of railroad cars the receiving establishment has railroad facilities for unloading the products directly into the establishment.

 (b)  When such restricted product is shipped from one official establishment to another official establishment in the same railroad car or other means of conveyance with other product, such restricted product shall be packed in individual closed containers and the containers shall be sealed in accordance with §  1.333(g) (relating to treatment by refrigerating), and marked “Pa. passed for cooking” or “pork product

 (a)  When it is claimed that any product which has previously been inspected, passed and marked with the inspection legend has become adulterated or misbranded after it has been transported from an official establishment, in order to ascertain whether it is adulterated or misbranded, it may be transported in commerce to the official establishment from which it came or to any other official establishment designated by the person desiring to so handle the product if a written permit in duplicate for such shipment is first obtained from the veterinary supervisor of the region in which the establishment is located. Both the original and the duplicate of the permit shall be surrendered to the initial carrier. The duplicate copy of the inspector’s permit shall be retained by the carrier and the original shall be forwarded immediately by the carrier to the Chief, Meat Hygiene Division, Department of Agriculture, Harrisburg, Pennsylvania 17120.

 (b)  Upon arrival of the shipment at the official establishment, a careful inspection shall be made of the product by a program inspector, and if it is found that the article is not adulterated it may be received into the establishment. If the article is found to be adulterated it shall at once be stamped “Pa. inspected and condemned” and disposed of. If it is found to be misbranded it shall be handled in accordance with §  1.313 (relating to disposition after reinspection) except that when a product is found to be affected with one of the correctable conditions specified in this Chapter, in respect to which rehandling is permitted, it may be transported from the official establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from an official establishment shall be done in a manner prescribed in each specific case by the Department.

 Except as provided in §  1.545 (relating to return of adulterated or misbranded products) no carcass, part of a carcass, rendered grease, tallow or other fat derived from the carcasses of livestock, or other meat food product which has not been inspected and passed at an official establishment and is not exempted from such inspection, and no carcass, part of a carcass, fat or other meat food product that is adulterated or misbranded, shall be offered for transportation in commerce by any person unless it is handled in accordance with this subchapter or is denatured or otherwise identified as prescribed in this chapter.

 (a)  Inedible rendered animal fats from official or other establishments in the United States having the physical characteristics of a meat product fit for human food may be transported in commerce without denaturing under the following conditions:

   (1)  Such inedible rendered fat shall not be sought, sold, transported or offered for sale or offered for transportation in commerce or imported, except by rendering companies, dealers, brokers or others who obtain a numbered permit for such activities from the Chief, Meat Hygiene Division, Department of Agriculture, Harrisburg, Pennsylvania 17120.

   (2)  Such inedible rendered animal fat may be so distributed only if consigned to a domestic manufacturer of technical articles other than for human food or to an export terminal for exportation or storage for exportation as an inedible article and provided, in the case of such fat consigned to a domestic manufacturer, the product is for use solely by the consignee for manufacturing purposes of nonhuman food articles and may not be further sold or shipped without first receiving approval of the Chief, Meat Hygiene Division, Department of Agriculture, Harrisburg, Pennsylvania 17120. The fat intended for export and stored at a terminal point prior to export shall be subject to review by program employes to assure that it is exported as inedible.

   (3)  When transported in commerce, or imported, such inedible rendered fat shall be marked conspicuously with the words “technical animal fat not intended for human food” on the ends of the shipping containers in letters not less than two inches high, in the case of shipping containers such as drums, tierces, barrels and half barrels, and not less than four inches high in the case of tank cars and trucks. All shipping containers shall have both ends painted with a durable paint if necessary to provide a contrasting background for the required marking.

   (4)  Such inedible rendered fat shall be transported only in sealed shipping containers bearing unofficial seals applied by the shipper, which shall include the identification number of the permit holder, and the rendered fat shall be accompanied by a shipper’s certificate which shall also specify the identification number. The number shall appear on the bill of lading or other transportation documents for the shipment. The consignees in the United States shall retain the seals in their records.

   (5)  Any diversion or effort to divert inedible rendered fat or other violation of this section may result in the revocation of the permit for shipment of technical animal fat at the discretion of the Department.

 (b)  Inedible rendered animal fat derived from condemned or other inedible materials at official or other establishments in the United States may be transported in commerce if mixed with low grade offal or other materials which render the fat readily distinguishable from an article of human food and if the outside container bears the word “inedible.”

 (a)  Except as otherwise provided in subsections (b)—(d) or elsewhere in this chapter, no animal food prepared in whole or in part from materials derived from the carcasses of livestock in an official establishment or elsewhere shall be transported in commerce unless it complies with the following requirements:

   (1)  It is properly identified as animal food.

   (2)  It is not represented as being a human food.

   (3)  It has been denatured in accordance with §  1.549 (relating to denaturing procedures) so as to be readily distinguishable from an article of human food.

 (b)  An animal food that contains less than 5% parts or products of the carcasses of livestock and that is not represented by labeling or appearance or otherwise as being a human food or as a product of the meat food industry need not be denatured.

 (c)  Animal food packed in hermetically sealed, retort processed, conventional retail-size containers, and retail-size packages of semi-moist animal food need not be denatured if the name of the article, as for example “Dog and Cat Food” or “Animal Food,” appears on the label in a conspicuous manner. To be considered conspicuous, the letters in the name of the articles shall be at least three times as high, wide and thick as the letters in the words denoting the use, as ingredients in the article, of the materials  derived from the carcasses of livestock. The letters in the name of such article shall contrast as markedly with their background as the letters in the words denoting the use of such ingredient materials contrast with their background.

 (d)  The requirements of this subchapter shall not apply to any animal food which does not consist of any parts or products of the carcasses of livestock, or to livestock or poultry feed which does not consist of any such articles other than processed livestock by products (such as meat meal tankage, meat and bone meal, blood meal and feed grade animal fat).

 (a)  Carcasses, parts thereof, meat and meat food products (other than rendered animal fats) that have been treated in accordance with the provisions of this section shall be considered denatured for the purposes of this subchapter, except as otherwise provided in Subchapter F (relating to disposal of condemned and other inedible products).

 (b)  The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat food products which are affected with any condition that would result in their condemnation and disposal if they were at an official establishment:

   (1)  Crude carbolic acid.

   (2)  Cresylic disinfectant.

   (3)  A formula consisting of one part FD & C green, number 3 coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella, or other proprietary substance approved by the U.S. Department of Agriculture.

 (c)  Except as otherwise provided in this section, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat food products for which denaturing is required by this Subchapter:

   (1)  FD & C green, number 3 coloring.

   (2)  FD & C blue, number 1 coloring.

   (3)  FD & C blue, number 2 coloring.

   (4)  FD & C violet, number 1 coloring.

   (5)  Finely powdered charcoal.

   (6)  Other proprietary substance approved by the Department.

 (d)  Tripe may be denatured by dipping it in a 6.0% solution of tannic acid for one minute followed by immersion in a water bath, then immersing it for one minute in a solution of 0.022% FD&C yellow number 5 coloring.

 (e)  Meat may be denatured by dipping it in a solution of 0.0625% tannic acid, followed by immersion in a water bath, then dipping it in a solution of .0625% ferric acid.

 (f)  When meat, meat byproducts, or meat food products are in ground form, 4.0% by weight of coarsely ground hard bone which shall be in pieces no smaller than the opening size specified for number 5 mesh in the standards issued by the United States Bureau of Standards or 6% by weight of coarsely ground hard bone which shall be in pieces no smaller than the opening size specified for number 8 mesh in such standards, uniformly incorporated with the product may be used in lieu of the agents prescribed in subsection (c).

 (g)  Before the denaturing agents are applied to articles in pieces more than four inches in diameter, the pieces shall be freely slashed or sectioned. (If the articles are in pieces not more than four inches in diameter, slashing or sectioning shall not be necessary.) The application of any of the denaturing agents listed in subsections (b) or (c) to the outer surface of molds or blocks of boneless meat, meat byproducts or meat food products shall not be adequate. The denaturing agent shall be mixed intimately with all of the material to be denatured, and be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor or taste so that such material cannot be confused with an article of human food.

 (h)  Inedible rendered animal fats shall be denatured by thoroughly mixing therein denaturing oil, number 2 fuel oil, brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, finely powdered charcoal, or any proprietary denaturing agent approved for the purpose by the Department in specific cases. The charcoal shall be used in no less quantity than 100 parts per million and shall be of such character that it will remain suspended indefinitely in the liquid fat. Sufficient amounts of the chosen identifying agents shall be used to give the rendered fat so distinctive a color, odor or taste that it cannot be confused with an article of human food.

 (i)  Information as to approval of any proprietary denaturing substance may be obtained from the Director, Processed Food Inspection Division, Consumer and Marketing Service, United States Department of Agriculture, Washington, D.C. 20250.

 In case of wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier and, if necessary, the articles may be reloaded into another means of conveyance or the shipment may be diverted from the original destination. In all such cases the carrier shall immediately report the facts by telephone or telegraph to the Chief, Meat Hygiene Division, Department of Agriculture, Harrisburg, Pennsylvania 17120. Such report shall include the following information:

   (1)  Nature of the emergency.

   (2)  Place where seals were broken.

   (3)  Original points of shipment and destination.

   (4)  Number and initial of the original car or truck.

   (5)  Number and initials of the car or truck into which the articles are reloaded.

   (6)  New destination of the shipment.

   (7)  Kind and amount of articles.

 The provisions of this subchapter shall not apply to the following:

   (1)  Specimens of product sent to or by the Department or divisions thereof for laboratory examination, exhibition purposes or other official use.

   (2)  Material released for educational, research, and other nonfood purposes, as prescribed in §  1.209 (relating to specimens for educational, research or other purposes).

   (3)  Glands and organs for use in preparing pharmaceutical, organotherapeutic or technical products and not used for human food, as described in §  1.296 (relating to certain glands and organs).

   (4)  Material or specimens of product for laboratory examination, research or other nonhuman food purposes, when authorized by the Department and under conditions prescribed in specific cases.

   (5)  Articles that are naturally inedible by humans, such as hoofs, horns and hides in their natural state.

 Persons engaged in the business of buying, selling, transporting in commerce, or importing any dead, dying disabled or diseased animals or parts of the carcasses of any animals that died otherwise than by slaughter shall not engage in any of the following activities:

   (1)  Buy, sell, transport, or offer for sale or transportation in commerce, or import any dead livestock if its hide or skin has been removed.

   (2)  Sell, transport, offer for sale or transportation, or receive for transportation in commerce any dead, dying, disabled or diseased livestock, or parts of the carcasses of any livestock that died otherwise than by slaughter, unless such livestock and parts are consigned and delivered without avoidable delay to:

     (i)   Establishments of animal food manufacturers, renderers or collection stations that are registered as required in this chapter.

     (ii)   Official establishments that operate under Federal inspection; or

     (iii)   Establishments that operate under a State or territorial inspection system approved by the Department as one that imposes requirements at least equal to the Federal requirements for purposes of the act (21 U.S.C.A. §  331). A list of such registrants, States and amendments thereof will be published in the Federal Register, and information concerning the registration status of particular animal food manufacturers, renderers or collection stations, or the status of particular States or territories may also be obtained from the Director, Consumer Protection programs Services Staff, Consumer and Marketing Services, United States Department of Agriculture, Washington, D.C. 20250.

   (3)  Buy in commerce or import any dead, dying, disabled or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, unless he is an animal food manufacturer or renderer and is registered as such or is the operator of an establishment inspected as required by paragraph (2) and such livestock or parts of carcasses are to be delivered to establishments eligible to receive them under such paragraph.

   (4)  Unload en route to any establishment eligible to receive them under paragraph (2) any dead, dying, disabled or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, which are transported in commerce or imported by any such person, except that any such livestock or parts of carcasses may be unloaded from a means of conveyance en route where necessary in case of a wreck or otherwise extraordinary emergency, and may be reloaded into another means of conveyance in accordance with the requirements of §  1.552 (relating to breaking seals in emergencies).

   (5)  Load into any means of conveyance containing any dead, dying, disabled or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, while in the course of importation or other transportation in commerce any other livestock, parts of carcasses, other products or other commodities.

 (a)  All vehicles and other means of conveyance used by persons subject to §  1.554 (relating to transactions involving dead, dying, disabled or diseased livestock) for transporting in commerce or importing any dead, dying, disabled, and diseased livestock or parts of carcasses of livestock that died otherwise than by slaughter shall be leak-proof and so constructed and equipped as to permit thorough cleaning and sanitizing.

 (b)  The means of conveyance so used in conveying such livestock or parts thereof shall be cleaned and disinfected prior to use in the transportation of any product intended for use as human food. The cleaning procedure shall include the complete removal from the means of conveyance of any fluid, parts or product of such dead, dying, disabled or diseased livestock and the thorough application of a disinfectant to the interior surfaces of the cargo space. Substances permitted for such use are the following:

   (1)  “Liquefied phenol” (U.S.P. strength 87% phenol) in the proportion of at least six fluid ounces to one gallon of water.

 (a)  Lungs or lung lobes, other than those condemned under §  1.129 (relating to inspection and disposition of lungs; hog lungs) that are prepared at any official establishment may be transported from the establishment, in “commerce” or otherwise, without denaturing as prescribed in § §  1.201 and 1.203 (relating to establishments having tanking facilities; establishments not having tanking facilities), if the following conditions are met:

   (1)  The lungs or lung lobes are transported under permit from the appropriate Officer in Charge, as prescribed in subsection (b) directly to a manufacturer of animal food, for use in manufacturing animal food, or directly to a zoo, mink farm, or other establishment for use as animal food without further manufacturing, or directly to a warehouse in the Commonwealth for storage for subsequent movement, as prescribed in subsection (e), directly to such a manufacturer or establishment in Pennsylvania for nonhuman food purposes.

   (2)  A shipper’s certificate as prescribed in subsection (c) is executed, in quadruplicate, by the operator of the official establishment, for each shipment of undenatured lungs or lung lobes from the establishment, and the original of the certificate is delivered to the program inspector at the official establishment before the shipment is made, and copies of the certificate are distributed as prescribed in subsection (d).

   (3)  The boxes or other containers used for shipping the undenatured lungs or lung lobes are closed and taped with nylon filament tape or strapped with metal straps and the containers are permanently identified in two-inch lettering with the statement “(SPECIES) Lungs Not for Human Consumption.” In addition, the number of the permit prescribed in paragraph (1) shall appear on each container.

 (b)  A permit to ship undenatured lungs or lung lobes, as required by subsection (a)(1) will be issued upon application by the operator of an official establishment if the Officer in Charge determines that the application satisfied the requirements of this section, and that such lungs will be handled in a sanitary manner at the official establishment. Any such permit will be canceled by the Officer in Charge whenever he determines, after notice and opportunity to present views is afforded to the permittee, that the permittee has shipped any undenatured lungs or lung lobes without compliance with the restrictions of this section or that such articles shipped from the official establishment in accordance with such restrictions were subsequently not handled in accordance therewith, and that such cancellation is necessary to prevent further violations.

 (c)  The shipper’s certificate shall be in the following form:

   SHIPMENT FROM AN OFFICIAL ESTABLISHMENT OF UNDENATURED LUNGS OR LUNG LOBES FOR ANIMAL FOOD
  I hereby certify that the undenatured lungs or lung lobes described below were prepared at

 (d)  One copy of the certificate shall be retained by the operator of the official establishment in accordance with this subchapter and two copies shall be sent to the consignee of the shipment. The consignee shall, on both copies, execute his acknowledgment of receipt of the shipment and state the date such shipment was received, send one copy of the signed certificate to the program inspector in charge of the official establishment from which shipment was made, and retain one copy in his records in accordance with this subchapter. The program inspector in charge shall retain the copy of the signed receipt of shipment in the official establishment program file.

 (e)  Lungs or lung lobes not within §  1.129 (relating to inspection and disposition of lungs; hog lungs), that are prepared at an official establishment and are not denatured as prescribed in § §  1.201 and 1.203 may be transported from the warehouse in which they have been stored, as provided in subsection (a)(1) if the following conditions are met:

   (1)  Such lungs or lung lobes are transported, under permit from the appropriate Officer in Charge, as prescribed in subsection (a)(2), from a warehouse where they were stored as provided in subsection (a), directly to an animal food manufacturer for use in manufacturing animal food; or directly to a zoo, mink farm, or other establishment for use as animal food without further manufacturing; or in the course of direct exportation to a foreign country for use as, or in the manufacture of, animal feed.

   (2)  A shipper’s certificate is executed by the warehouse operator for each lot so transported.

   (3)  The boxes or other containers of such products are closed, taped and identified as required by subsection (d).

 (f)  The shipper’s certificate required by subsection (d) shall be in the following form:

   SHIPMENT FROM WAREHOUSE OF UNDENATURED LUNGS OR LUNG LOBES FOR ANIMAL FOOD
  I hereby certify that the undenatured lungs or lung lobes described below were stored at

 (g)  One copy of the shipper’s certificate shall be retained by the operator of the warehouse in accordance with this subchapter. One copy shall be forwarded by the warehouse operator to the program inspector in charge of the official establishment in which the lungs or lung lobes were originally prepared. Two copies shall be sent by the warehouse operator to the consignee of the shipment. The consignee shall, on both copies, execute his acknowledgement of receipt of the shipment and state the date such shipment was received. The consignee shall send one copy of the receipted certificate to the program inspector in charge of the official establishment in which the shipment was originally prepared and shall retain one copy in his records in accordance with this subchapter. The program inspector in charge of the originating official establishment shall file the receipted copy as an attachment with the original copy received when the original shipment was shipped to the warehouse for storage.

   The provisions of this §  1.556 added September 17, 1971, 1 Pa.B. 1825.