9 CFR 310.21 - Carcasses suspected of containing sulfa and antibiotic residues; sampling frequency; disposition of affected carcasses and parts.

§ 310.21 Carcasses suspected of containing sulfa and antibiotic residues; sampling frequency; disposition of affected carcasses and parts.
(a) Calf carcasses from animals suspected of containing biological residues under § 309.16(d) of this subchapter shall, on post-mortem inspection, be handled in accordance with the provisions of this section.
(b) For purposes of this section, the following definitions shall apply:
(1) Calf. A calf up to 3 weeks of age or up to 150 pounds.
(2) Certified calf. A calf that the producer and all other subsequent custodians of the calf certify in writing has not been treated with any animal drug while in his or her custody or has been treated with one or more drugs in accordance with FDA approved label directions while in his or her custody and has been withheld from slaughter for the period(s) of time specified by those label directions.
(3) Healthy carcass. A carcass that an inspector determines shows no lesions of disease or signs of disease treatment at post-mortem inspection
(4) Producer. The owner of the calf at the time of its birth.
(5) Sick calf carcass. A calf carcass that an inspector on post-mortem inspection determines has either signs of disease treatment or lesions of disease or was from an animal identified as sick on ante-mortem.
(6) Sign of treatment. Sign of treatment of a disease is indicated by leakage around jugular veins, subcutaneous, intramuscular or intraperitoneal injection lesions, or discoloration from particles or oral treatment in any part of the digestive tract.
(7) Veterinary medical officer. An inspector of the Program that has obtained a Doctor of Veterinary Medicine degree which is recognized by the Program.
(c) Selection of carcasses for testing. The inspector shall perform a swab bioassay test 1 on:

Footnote(s):
1 The procedures for performing the swab bioassay test are set forth in one of two self-instructional guides: “Performing the CAST” or “Fast Antimicrobial Screen Test.” These guides are available for review in the office of the FSIS Docket Clerk, Room 4352 South, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.

(1) Any carcass from a calf tagged as “U.S. Suspect” at the time of ante-mortem inspection, except that calves whose carcasses are condemned for pathology shall not be tested for drug residues.
(2) Any carcass which he/she finds has either lesions of disease which is not condemned because of these lesions or a sign of treatment of disease at the time of post-mortem inspection,
(3) Any carcass of a calf from a producer whose calf or calves have previously been condemned for residues as prescribed in paragraph (e) of this section, and
(4) Carcasses from healthy-appearing certified and noncertified calves, as determined by the veterinary medical officer during ante-mortem inspection, will be selected for testing as set forth below:
Testing level Sampling Rate (percent ofestimated day's slaughter)
Certified Noncertified
A 100 100
B 50 50
C 20 30
(Start) D 5 10
E 2 5
F 1 2
(d) Testing of carcasses:
(1) The inspector shall test all carcasses as prescribed in paragraph (c) of this section.
(2) Upon initiation of this program at an establishment, the inspector shall begin the testing rate for carcasses from healthy-appearing certified and noncertified calves at Level D as prescribed in paragraph (c)(4) of this section. The inspector shall increase the testing rate to the next higher level the following business day when three carcasses in 100 or less consecutively tested show a positive test result for a drug residue. The inspector shall decrease it to the next lower level when no more than two calves show a positive test result for a drug residue in either 500 calves consecutively tested or all calves tested over a 60 working day period.
(3) Test results shall be determined by the veterinary medical officer.
(4) The establishment may designate one or more of its employees to aid the inspector in performing the swab bioassay test under the supervision of the veterinary medical officer who shall interpret the results, maintain animal identification with the test unit, and ensure integrity of the testing program.
(5) All carcasses and parts thereof from calves selected for testing shall be retained until all test results are complete.
(6) The veterinary medical officer shall condemn all carcasses and parts thereof for which there are positive test results and release for human consumption all carcasses and parts thereof for which there are negative test results.
(7) If there is a positive test result, subsequent calves from the producer of the calf shall be tested in accordance with paragraph (e) of this section. These test results will not be included in computations to determine an establishment's compliance record.
(8) The veterinary medical officer may reduce inspection line rates when, in his/her judgment, the prescribed testing cannot be adequately performed within the time available because the establishment's compliance history dictates a need for extensive testing.
(e) Calves from producers with a previous residue condemnation. The inspector shall perform a swab bioassay test on all carcasses of all calves in the group. The veterinary medical officer shall determine the test results and shall condemn any carcass and parts thereof for which there is a positive test result and pass for human consumption any such carcass and parts thereof for which there is a negative test result. All subsequent calves from the same producer which has previously sold or delivered to official establishments any carcass that was condemned because of drug residues must be tested according to this paragraph until five consecutive animals test completely free of animal drug residues.
(f) If the owner or operator of an official establishment disagrees with the veterinary medical officer's disposition of carcasses and parts thereof, the owner or operator may appeal as provided in section 306.5 of this chapter.
[50 FR 32164, Aug. 9, 1985, as amended at 52 FR 2104, Jan. 20, 1987; 55 FR 7475, Mar. 2, 1990; 60 FR 66483, Dec. 22, 1995]

Title 9 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 21 - FOOD AND DRUGS

§ 601 - Definitions

§ 602 - Congressional statement of findings

§ 603 - Examination of animals prior to slaughter; use of humane methods

§ 604 - Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection

§ 605 - Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and returned thereto; conditions for entry

§ 606 - Inspection and labeling of meat food products

§ 607 - Labeling, marking, and container requirements

§ 608 - Sanitary inspection and regulation of slaughtering and packing establishments; rejection of adulterated meat or meat food products

§ 609 - Examination of animals and food products thereof, slaughtered and prepared during nighttime

§ 610 - Prohibited acts

§ 611 - Devices, marks, labels, and certificates; simulations

§ 612 - Notification

§ 613 - Plans and reassessments

§ 614 - Repealed.

§ 615 - Inspection of carcasses, meat of which is intended for export

§ 616 - Inspectors of carcasses, etc., meat of which is intended for export; certificates of condition

§ 617 - Clearance prohibited to vessel carrying meat for export without inspector’s certificate

§ 618 - Delivery of inspectors’ certificates, and of copies

§ 619 - Marking, labeling, or other identification to show kinds of animals from which derived; separate establishments for preparation and slaughtering activities

§ 620 - Imports

§ 621 - Inspectors to make examinations provided for; appointment; duties; regulations

§ 622 - Bribery of or gifts to inspectors or other officers and acceptance of gifts

§ 623 - Exemptions from inspection requirements

§ 624 - Storage and handling regulations; violations; exemption of establishments subject to non-Federal jurisdiction

§ 625 - Inapplicability of certain requirements to catfish

§ 641 - Prohibition of subchapter I inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles

§ 642 - Recordkeeping requirements

§ 643 - Registration of business, name of person, and trade names

§ 644 - Regulation of transactions, transportation, or importation of 4–D animals to prevent use as human food

§ 645 - Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority

§ 661 - Federal and State cooperation

§ 671 - Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions...connection with business; finality of Secretary’s actions; judicial review; record

§ 672 - Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release

§ 673 - Seizure and condemnation

§ 674 - Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of

§ 675 - Assaulting, resisting, or impeding certain persons; murder; protection of such persons

§ 676 - Violations

§ 677 - Other Federal laws applicable for administration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts

§ 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments...purposes of adulterated or misbranded and imported articles; other matters

§ 679 - Application of Federal Food, Drug, and Cosmetic Act

§ 679a - Safe Meat and Poultry Inspection Panel

§ 679b - Pasteurization of meat and poultry

§ 679c - Expansion of Food Safety Inspection Service activities

§ 680 - Authorization of appropriations

§ 683 - Interstate shipment of meat inspected by Federal and State agencies for certain small establishments

§ 691 - Omitted

§ 692 - Inspection extended to reindeer

§ 693 - Inspection of dairy products for export

§ 694 - Authorization of appropriations

§ 695 - Payment of cost of meat-inspection service; exception