Current through Register Vol. 54, No. 49, December 7, 2024
Section 1.556 - Transportation of certain undenatured lungs or lung lobes from official establishments or in commerce(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.(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: Click to view image
(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.