Ga. Comp. R. & Regs. R. 40-10-1-.06 - Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violations
(1)
Official numbers; subsidiaries and tenants:
(a) An official number shall be assigned to
each establishment granted inspection. Such number shall be used to identify
all inspected and passed products prepared in the establishment. More than one
number shall not be assigned to an establishment;
(b) Two or more official establishments under
the same ownership or control may be granted the same official number, provided
a serial letter is added in each case to identify each establishment and the
products thereof,
(c) When
inspection has been granted to any other person at the same establishment,
except that a subsidiary or tenant of the grantee, preparing any product at the
establishment, may receive inspection at the same establishment.
(2) Separation of official
establishments:
(a) Each official
establishment shall be separate and distinct from any unofficial establishment
except a poultry products processing establishment operated under Federal
Inspection under the Poultry Products Inspection Act or under State
Inspection;
(b) The slaughter or
other preparation of products of horses, mules, or other equines required to be
conducted under inspection pursuant to the regulations in this chapter shall be
done in establishments separate from any establishment in which cattle, sheep,
swine, or goats are slaughtered or their products are prepared;
(c) Inspection shall not be inaugurated in
any building, any part of which is used as living quarters, unless the part for
which inspection is requested is separated from such quarters by floors, walls,
and ceilings of solid concrete, brick, or similar material, and the floors,
walls, and ceilings are without opening that directly or indirectly
communicates with any part of the building used as living quarters.
(3) Sanitation and adequate
facilities. Inspection shall not be begun if an establishment is not in a
sanitary condition or unless the establishment agrees to maintain such
condition and provides adequate facilities for conducting such
inspection.
(4) Inauguration of
inspection. When an application for inspection is granted, the officer in
charge shall, at or prior to the inauguration of inspection, inform the
operator of the establishment of the requirements of the regulations in this
chapter. If the establishment, at the time inspection is inaugurated, contains
any product which has not theretofore been inspected, passed, and marked in
compliance with the regulations in this chapter, the identity of the same shall
be maintained and it shall not be distributed in commerce, or otherwise subject
to the requirements of such regulation, or dealt with as inspected and passed
under the regulations. The establishment shall adopt and enforce all necessary
measures and shall comply with all such directions as the officer in charge may
prescribe, for carrying out the purposes of this section.
(5) Withdrawal of inspection.
(a) The Commissioner is authorized to
withdraw inspection from an official establishment where the sanitary
conditions are such that its products are rendered adulterated, or for failure
of the operator to destroy condemned products as required by the Act and the
regulations in this chapter.
(b)
The assignment of inspectors may be temporarily suspended, in whole or in part,
by the commissioner to the extent it is determined necessary to avoid
impairment of the effective conduct of the program when the operator of any
official establishment or any subsidiary therein, or any officer, employee, or
agent of any such operator or any subsidiary therein, acting within the scope
of his office, employment, or agency threatens to forcibly assault or forcibly
assaults, intimidates, or interferes with any program employee in or on account
of the performance of his official duties under the act, unless promptly upon
the incident being brought by an authorized supervisor of the program employee
to the attention of the operator of the establishment the operator
satisfactorily justifies the incident, takes effective steps to prevent a
recurrence, or provides acceptable assurance that there will not be any
recurrences. Such suspension shall remain in effect until one of such actions
is taken by the operator: Provided, That upon request of the operator he shall
be afforded an opportunity for an expedited hearing to show cause why the
suspension should be terminated.
(c) Inspection service may be temporarily
suspended, in whole or in part, at an official establishment, by the
Commissioner, to the extent that it is determined necessary to prevent inhumane
slaughtering or handling in connection with slaughter of livestock as defined
in 40-10-1-.02(2). The
Commissioner shall notify the operator of an establishment orally or in
writing, as promptly as circumstances permit, of such suspension and the
reasons therefore. Such suspension shall remain in effect until the operator of
the establishment takes effective steps to prevent a recurrence, or provides
other satisfactory assurances that there will not be any recurrences. Upon
request, the operator shall be afforded an opportunity for a hearing to show
cause why the suspension should be terminated.
(6) Reports of Violations. Inspectors and
other program employees shall report to the office in charge all violations of
the Act or regulations in this chapter of which they have information and the
officer in charge shall report the same to the Commissioner.
Notes
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