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From: TSS (216-119-132-78.ipset12.wt.net)
Subject: POLICY FOR MOVEMENT OF PRODUCT BETWEEN CUSTOM EXEMPT FACILITIES (SRMs)
Date: October 21, 2004 at 7:52 am PST

-------- Original Message --------
Subject: POLICY FOR MOVEMENT OF PRODUCT BETWEEN CUSTOM EXEMPT FACILITIES (SRMs)
Date: Thu, 21 Oct 2004 09:15:41 -0500
From: "Terry S. Singeltary Sr."
Reply-To: Bovine Spongiform Encephalopathy
To: BSE-L@UNI-KARLSRUHE.DE

FSIS NOTICE


53-04


10/20/04

POLICY FOR MOVEMENT OF PRODUCT BETWEEN CUSTOM EXEMPT FACILITIES

The purpose of this notice is to explain the conditions under which
custom exempt products can be transported between custom exempt
facilities and reiterate policies related to Specified Risk Materials
(SRMs) as defined in 9 CFR 310.22(a).

Transporting Custom Exempt Product Between Facilities

Section 23(a) of the Federal Meat Inspection Act (21 U.S.C. 623(a)) and
the regulations at 9 CFR 303.1(a)(2) exempt from inspection the custom
slaughtering of animals that are delivered by the owner of the animals
and are exclusively for the use by the owner and members of his or her
household and nonpaying guests and employees. Custom exempt products are
to be plainly marked "Not for Sale" as outlined in 9 CFR 316.16
immediately after being prepared and are to be kept so identified until
delivered to the owner. As set out in 9 CFR 303.1(b)(4) "..articles
capable of use as human food, resulting from the exempted custom
slaughter ..shall be promptly denatured 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 paragraph (a)(2) of this section. "

Therefore, if an owner wishes to move custom exempt product from one
custom exempt establishment to another for further processing, the owner
must demonstrably be in control of the product, either by having direct
physical control or by giving written direction to the custom facility
owner or operator to move the product.

If the custom exempt facility is transporting product, Office of Field
Operations (OFO) personnel will verify that the facility has records
that demonstrate that the product was or is being transported at the
product owner´s direction (9 CFR 303.1(b)(3) and part 320). OFO
personnel also will verify that the receiving custom exempt facility
also maintains records to verify the owner´s control.

Custom Exempt Products and SRMs

As set out in 9 CFR 310.22(a) the following SRMs are adulterants in all
cattle:

* The tonsils (See FSIS Notice 50-04
,
Bovine Spongiform Encephalopathy (BSE) Issues Relating to
Tonsils and Brain Collection and the Interactive Knowledge
Exchange (IKE) Scenario 06-04)
* The distal ileum (the rest of the small intestine must be
removed), and

* For cattle 30 months of age and older:
o The head - skull, eyes, brain, and trigeminal ganglia are SRMs
o The vertebral column - spinal cord and dorsal root ganglia
(DRG) are SRMs

The regulation 9 CFR 303.1(b)(1) states that "exempted custom prepared
products .. shall not be adulterated as defined in paragraph 1(m) of the
Federal Meat Inspection Act." Therefore, custom exempt product cannot
contain SRMs.

NOTE: Unless a custom exempt facility can demonstrate that the vertebral
columns from cattle slaughtered or produced are from cattle 30 months of
age or younger, the head (skull, eyes, brain, and trigeminal ganglia)
and the vertebral column cannot be processed because these parts would
adulterate the product.

If one custom-exempt facility needs to transport carcasses with SRMs for
removal and further processing to another custom exempt facility, it may
do so if the owner directs in writing that this movement occurs. Each
custom facility should have a copy of the owner´s written communication
as evidence of the owner´s continuing control.

ENFORCEMENT

If inspection program personnel find that custom exempt facilities
cannot verify the owner´s control, they are to notify the District
Office through supervisory channels and provide the evidence to support
their findings. The District Office will take the necessary follow-up
actions, including referring allegations to the appropriate Compliance
and Investigation Division (CID) Regional Director under the Office of
Program, Evaluation, Enforcement, and Review (OPEER) for investigation
or case disposition.

If inspection program personnel find it necessary to detain product,
they are to do so in accordance with FSIS Directive 8410.1, Revision 2
.

Direct any questions to the Technical Service Center.


Philip S. Derfler /s/


Assistant Administrator
Office of Policy, Program, and Employee Development

DISTRIBUTION: Inspection Offices; T/A Inspectors; Plant Mgt; TRA; ABB;
TSC; Import Offices NOTICE EXPIRES: 11-1-05 OPI: OPPED

http://www.fsis.usda.gov/TSS






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