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Ante-Mortem Inspection of Disabled Animals and Other Animals Unable to Move on



Country of Origin: United States of America

Agency of Origin: Food Safety and Inspection Service, USDA

National Citation: 55 FR 42578 (1990)

Agency Citation:

Printable Version 1990 WL 346631 (F.R.)


Last checked by Web Center Staff: 07/2013


Summary:  

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to allow ante-mortem inspection of disabled animals, and other animals unable to move, while the animals are still on a transport vehicle, if requested by the official establishment. Currently, the ante-mortem inspection of such animals may only be performed in designated, covered ante-mortem pens on the premises of an official establishment. During such inspections, the transport vehicle would be located on the premises of an official establishment. This proposal is intended to reduce the inhumane handling that may result when disabled animals, and other animals unable to move, are transferred from transport vehicles to the designated, covered ante-mortem pens for ante-mortem inspection.


Material in Full:

Ante-Mortem Inspection of Disabled Animals and Other Animals Unable to Move on Transport Vehicles

Monday, October 22, 1990

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to allow ante-mortem inspection of disabled animals, and other animals unable to move, while the animals are still on a transport vehicle, if requested by the official establishment. Currently, the ante-mortem inspection of such animals may only be performed in designated, covered ante-mortem pens on the premises of an official establishment. During such inspections, the transport vehicle would be located on the premises of an official establishment. This proposal is intended to reduce the inhumane handling that may result when disabled animals, and other animals unable to move, are transferred from transport vehicles to the designated, covered ante-mortem pens for ante-mortem inspection.

DATES: Comments must be received on or before December 21, 1990.

ADDRESSES: Written comments to: Policy Office, Attn: Linda Carey, FSIS Hearing Clerk, Room 3171, South Agriculture Building, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (See also "comments" under SUPPLEMENTARY INFORMATION.)

FOR FURTHER INFORMATION CONTACT:Dr. William James, Acting Director, Slaughter Inspection Standards and Procedures Division, Science and Technology, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, (202) 447-3219.

SUPPLEMENTARY INFORMATION:

Executive Order 12291

This proposed rule is issued in conformance with Executive Order 12291, and has been determined not to be a "major rule." It will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. The proposal would permit ante-mortem inspection to be performed on disabled animals, and other animals unable to move, while the animals are still on a transport vehicle, if requested by the official establishment. Establishments may continue to have ante-mortem inspection of disabled animals, and other animals unable to move, conducted in designated, covered ante-mortem pens. The creation of an alternate location for ante- mortem inspection of disabled animals, and other animals unable to move, would enable establishments to handle such animals more humanely. This proposal will not have a significant impact on red meat establishments or on the national economy.

Effect on Small Entities

The Administrator, Food Safety and Inspection Service, has determined that this action will not have a significant economic impact on a substantial number of small entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601). Although a substantial number of small entities may be affected by this action, the economic effect will not be significant for several reasons. First, most of the establishments already own and use the types of equipment in their regular operations which are required by this proposed regulation. The equipment necessary to perform ante-mortem inspection of disabled animals, and other animals unable to move, on transport vehicles includes a mobile platform or rolling ladder that extends to reach the second level of a two story truck and an outdoor floodlight which can be attached to the ladder or inside the vehicle. Also restraints, such as chains, may be needed to restrain an animal during ante-mortem inspection. Secondly, the cost of purchasing the equipment, if an establishment did not have such equipment, would not be significant. For example, the estimated cost of a platform or ladder is $400 and of a floodlight is $100. Additionally, any establishment may choose to continue to have ante-mortem inspection of disabled animals conducted exclusively in designated, covered pens.

Paperwork Requirements

The proposed rule would require each establishment that requests ante-mortem inspection on disabled animals, and other animals unable to move, while the animals are still on the transport vehicle, to submit a written request signed by a manager of the official establishment. The written request would contain three statements. The first statement would be a request from the establishment to the FSIS inspector for ante-mortem inspection on a transport vehicle, of disabled animals, and other animals unable to move. The second statement would be an agreement between this Agency and the establishment stating that (1) upon signing the request, the transport vehicle would be considered an ante-mortem pen, and part of the premises of the official establishment and (2) that once designated as part of the official establishment, the vehicle would not be moved from the establishment premises, until an ante-mortem inspection, disposition and humane removal, if necessary, of all the disabled animals, and other animals unable to move, on the vehicle had been completed. These two statements would be signed and dated by a manager of the establishment before the request was submitted to the FSIS inspector. The third statement would be an agreement by the FSIS inspector to perform ante-mortem inspection on disabled animals, and other animals unable to move, while they were on the transport vehicle. The Program employee would sign and date the third statement when he or she agreed to do the vehicle ante- mortem inspection. The request would contain the official establishment number and the license number of the vehicle containing the animals for which ante- mortem inspection was being requested. A request would have to be submitted for each vehicle holding disabled animals, and other animals unable to move, for which the establishment desired ante-mortem inspection while the animals were on the vehicle. The Agency is reviewing these paperwork requirements and will submit them to the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Comments

Interested persons are invited to submit written comments concerning this proposal. Written comments should be sent to the Policy Office and should refer to the docket number located in the heading of this document. All comments submitted in response to this proposal will be made available for public inspection in the Policy Office between 9 a.m. and 4 p.m., Monday through Friday.

Background

The Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.) requires, among other things, that the Secretary of Agriculture, through appointed inspectors, conduct an ante-mortem inspection of certain livestock including cattle, when these animals are presented for slaughter at an official establishment that is subject to inspection. All cattle, sheep, swine, goats, horses, mules and other equines found upon ante-mortem inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules, or other equines (21 U.S.C. 603). In addition, the Humane Methods of Slaughter Act of 1978 amended sections 3 and 10 of title 1 of the FMIA (21 U.S.C. 603 and 610) to require that all federally inspected slaughtering establishments adopt humane slaughter and handling practices for all cattle, swine, sheep, goats, horses, mules and other equines, in accordance with the provisions of that Act (7 U.S.C. 1901-1906).

Ante-mortem inspection of disabled animals, and other animals unable to move, is required to be performed in designated, covered pens on the premises of official establishments (9 CFR 313.1(c), 313.2(d)(1)). (For the purposes of this proposal, the term "disabled animals" includes disabled animals and other animals unable to move, including "downers".) As such, disabled animals must be removed from the transport vehicle and placed in these designated pens. FSIS is concerned that inhumane handling may result when animals under duress from an accident, injury, or other disabling factor, are transferred from the transport vehicle. It is currently prohibited to drag a conscious animal, thus, suitable equipment must be employed to move the animal (9 CFR 313.2(d)(2)). Only a stunned animal may be dragged.

FSIS has determined that when suitable equipment is not available to facilitate the removal of disabled animals in a humane manner in accordance with 9 CFR 313.2(d)(3), it would be more humane to inspect these animals while they are on the transport vehicle. This determination responds to a petition requesting that ante-mortem inspection be performed for disabled animals on transport vehicles parked on an official establishment's premises in instances when it would be difficult to remove these animals in a humane manner from the vehicle to official ante-mortem pens. FSIS has determined that a transport vehicle could be considered a part of the official establishment premises for purposes of ante-mortem inspection, once it is parked in an area that is indicated on the establishment's approved blueprints pursuant to § 304.2 of the Federal meat inspection regulations (9 CFR 304.2). Section 309.1(b) of the Federal meat inspection regulations (9 CFR 309.1(b)) states that holding pens of an establishment located in a public stockyard can be regarded as part of the premises of an official establishment for purposes of ante-mortem inspection. However, since, in public stockyards, inspection personnel cannot maintain control of the transport vehicle and disabled animals, an alternate location for ante-mortem inspection of disabled animals in public stockyards will not be permitted.

A written request for vehicle ante-mortem inspection would have to be submitted by a manager of the official establishment to the FSIS inspector assigned to do ante-mortem inspection of the establishment before ante-mortem inspection of animals on the transport vehicle would be considered. The written request would contain three statements. The first statement would be a request from the establishment to the FSIS inspector for ante-mortem inspection of all the disabled animals on that vehicle. The second would be a written agreement between this Agency and the establishment management, that (1) upon signing the request, the transport vehicle would be considered an ante-mortem pen, and as such part of the establishment, and (2) that once designated as part of the official establishment, the vehicle would not be moved from the establishment premises, until an ante-mortem inspection, disposition, and humane removal, if necessary, of all of the disabled animals, and other animals unable to move, on the vehicle had been completed. These two statements would be signed and dated by a manager of the establishment before the request was submitted to the FSIS inspector. The third statement would be an agreement by the FSIS inspector to perform ante-mortem inspection on all the disabled animals, and other animals unable to move, while they were on the transport vehicle. This statement would be signed and dated by the Program employee if he or she agreed to do the vehicle ante-mortem inspection. The request would also contain the official establishment number and the license number of the vehicle containing the animals for which ante-mortem inspection was being requested.

By signing the request for vehicle ante-mortem inspection, the establishment would agree to maintain control over the vehicle and animals. The establishment would be responsible for keeping the animals and vehicle on the premises until an ante-mortem disposition has been made by the FSIS inspector and the disposition has been complied with by the establishment. Each signed request would be applicable to only one vehicle. A new request would be submitted for each subsequent vehicle arriving during the day holding disabled animals for which the establishment desired vehicle ante-mortem inspection. Upon signature of the request by the FSIS inspector, ante-mortem inspection would be performed on all the disabled animals on that vehicle. All other animals would be transported to another establishment for ante-mortem inspection or removed to ante-mortem pens for ante-mortem inspection at the establishment where the vehicle ante-mortem inspection is being performed. Some vehicle owners transport and deposit disabled animals on their vehicle to more than one establishment. Under this proposed rule, vehicle owners would not be able to continue this practice if the establishment requested ante-mortem inspection on the vehicle. To maintain control and identification of these animals, it would be necessary to require ante-mortem inspection and disposition of all the disabled animals on that vehicle.

If it is not possible to perform ante-mortem inspection on all the disabled animals on the vehicle, the FSIS inspector would not approve the request, and the disabled animals needing ante-mortem inspection would be humanely removed from the vehicle in accordance with 9 CFR 313.2(d)(3) and placed in the suspect ante-mortem pen for traditional ante-mortem inspection (9 CFR 313.2(d)(1)). The FSIS inspector would not be required to sign a request for vehicle ante-mortem inspection if: (1) The establishment failed to provide adequate lighting or other necessary equipment, (2) the FSIS inspector did not have enough time to conduct a proper ante-mortem inspection on a transport vehicle due to responsibilities in other areas of the establishment, (3) the safety of the FSIS inspector would be at risk if such inspection were performed, or (4) the FSIS inspector could not perform ante-mortem inspection on all of the animals on the transport vehicle because one or more of such animals is hidden from view.

The FSIS inspector-in-charge of the establishment requesting vehicle ante- mortem inspection would designate an area on the premises of the official establishment at which such ante-mortem inspection would be conducted.

Facility and Equipment Requirements

An FSIS inspector would perform ante-mortem inspection of disabled animals on a transport vehicle in one of two ways. Ante-mortem inspection could be performed by the inspector from inside the vehicle, or from outside the vehicle, when entering the vehicle, would be unsafe in the opinion of the inspector. From outside the vehicle, the inspector would perform ante-mortem inspection by viewing the animals over the sides of the vehicle or through the slats of the sides of the vehicle from a permanent or mobile platform alongside the vehicle allowing the inspector to observe the animals from a position above the animals. The facility and equipment requirements for ante-mortem inspection on a transport vehicle would comply with paragraphs (a) and (b) of § 307.2 of the Federal meat inspection regulations (9 CFR 313.2 (a) and (b)), to assure the efficient conduct of inspection and maintenance of sanitary conditions. These requirements currently applicable to all official establishments include providing satisfactory lighting and equipment for proper inspection and providing an employee to assist the FSIS inspector as he or she deems necessary. When conducting ante-mortem inspection on a transport vehicle, lighting must be sufficient both inside and outside the vehicle in the opinion of the FSIS inspector to conduct proper ante-mortem inspection. When the FSIS inspector chooses to perform vehicle ante-mortem inspection from the outside of the transport vehicle, an adjustable rolling ladder or platform would be provided by the establishment. The ladder or platform on which inspection would be performed would be of such design, material, and construction as to enable Program employees to conduct their inspection in a safe, efficient and clean manner in accordance with 9 CFR 307.2 (a) and (b). An employee would be provided by the establishment when needed to conduct ante- mortem inspection on transport vehicles. Where the FSIS inspector deems it necessary, the employee's duties would be, (1) rolling an adjustable ladder or a mobile platform to the vehicle where ante-mortem inspection is to be performed, (2) placing a light in the vehicle or on the ladder or platform, (3) inserting thermometers in the animals so that the FSIS inspector could read the animals' temperatures, and (4) restraining the animals.

Sanitation requirements for ante-mortem inspection on a transport vehicle would be in accordance with the provisions of §§ 308.1, 308.3 and 309.13 of the Federal meat inspection regulations (9 CFR 308.1, 308.3, and 309.13). Section 308.1 requires that the premises of an official establishment be examined by a Program employee prior to the inauguration of official inspection to ensure that the establishment has met the requirements for facilities and sanitation. Section 308.3 requires that official establishments be maintained in a sanitary condition with abundant light and sufficient ventilation. Section 309.13, which covers the disposition of condemned livestock, requires that livestock identified as U.S. condemned shall be killed by the official establishment if not already dead.

All disabled animals examined by the FSIS inspector on vehicle ante-mortem inspection would be tagged U.S. Suspect and would be retained on post-mortem inspection and handled in accordance with 9 CFR 309.2(b). Disabled animals which the FSIS inspector passed at ante-mortem inspection would be tagged U.S. Suspect, stunned on the vehicle, if necessary to prevent the animal from suffering, passed for slaughter, and then removed from the vehicle. Disabled animals needing further observation before slaughter would be tagged U.S. Suspect and then removed from the vehicle in accordance with 9 CFR 313.2(d)(3) and placed in the covered ante-mortem pens.

Transport vehicles would have to comply with 9 CFR 313.1(a) to assure that they are free of sharp or protruding objects, loose boards, or splintered or broken planking which may injure or cause pain to the animals. If ante-mortem inspection of disabled animals was requested to be performed on a transport vehicle, the transport vehicle, like a covered pen in 9 CFR 313.1(c), would, in the opinion of the inspector, be required to protect the animals from adverse climatic conditions of the locale while awaiting disposition by the inspector. Ante-mortem inspection in covered pens would also be performed in instances where the FSIS inspector determines that the required equipment for vehicle ante-mortem inspection is not available or safe, or the animals are lying on top of one another making ante-mortem inspection unfeasible.

The handling and disposal of carcasses condemned during ante-mortem inspection on transport vehicles would be in accordance with the regulations under 9 CFR 314.1 and 314.3. These regulations cover the disposal of carcasses and parts of carcasses condemned at official establishments. Sections 314.1 and 314.3 would be amended by adding a provision in each section which would require that carcasses of disabled animals condemned during ante-mortem inspection on transport vehicles be disposed of in accordance with the regulations of part 314.

Proposed Rule

List of Subjects

9 CFR Part 307

Clothing, government employees, meat inspection, official establishment.

9 CFR Part 309

Animal diseases, livestock, meat inspection, ante-mortem inspection.

9 CFR Part 313

Humane slaughter, livestock, meat inspection, slaughter equipment.

9 CFR Part 314

Condemned products, meat inspection, official establishment.

For the reasons discussed in the preamble, FSIS is proposing to amend parts 307, 309, 313, and 314 of the Federal meat inspection regulations as set forth below.

PART 307--FACILITIES FOR INSPECTION

1. The authority citation for part 307 would continue to read as follows:

Authority: 7 U.S.C. 394, 21 U.S.C. 621, 695; 7 CFR 2.17(g) and (i), 2.55.

2. Section 307.2 would be amended by revising paragraph (a), redesignating paragraphs (b) through (d) as paragraphs (c) through (e), redesignating paragraphs (f) through (m) as paragraphs (g) through (n), adding a new paragraph (b) and revising the first portion of redesignated paragraph (e) to read as follows:

§ 307.2 Other facilities and conditions to be provided by establishment.

* * * * *

(a) Satisfactory pens, equipment, and assistants for conducting ante-mortem inspection and for separating, marking and holding apart from passed livestock those marked "U.S. condemned" (pens, alleys, and runways shall be paved, drained, and supplied with adequate hose connections for cleanup purposes). When an official establishment requests that ante-mortem inspection be performed on disabled animals, or other animals unable to move, while they are on a transport vehicle, the establishment shall provide, upon request by the inspector, an adjustment rolling ladder or platform, or permanent platform, and a floodlight that can be attached to the ladder or platform;

(b) When requested by the FSIS inspector, an employee of the official establishment shall assist the FSIS inspector in performing ante-mortem inspection by:

(1) Rolling an adjustable ladder or a mobile platform to the vehicle where ante-mortem inspection is to be performed;

(2) Placing a light in the vehicle or attaching it to a ladder or platform;

(3) Inserting thermometers in the animals so that the FSIS inspector can read the animals' temperatures; and

(4) Restraining the animals.

* * * * *

(e) Tables, benches, ladders, platforms, floodlights, * * *.

* * * * *

PART 309--ANTE-MORTEM INSPECTION

1. The authority citation for part 309 would continue to read as follows:

Authority: 34 Stat. 1260, 79 Stat. 903, as amended, 81 Stat. 584, 84 Stat. 91, 438; 21 U.S.C. 601 et seq., 33 U.S.C. 1254(b).

2. Section 309.1 would be amended by revising the heading, paragraph (b), and by adding new paragraphs (c) and (d) to read as follows:

§ 309.1 Ante-mortem inspection in pens or on transport vehicles at official establishments.

* * * * *

(b) Such ante-mortem inspection shall be made in pens or on vehicles approved for ante-mortem inspection in accordance with paragraph (c) of this section. Such ante-mortem inspection shall be made on the premises of the establishment at which the livestock are offered for slaughter before the livestock shall be allowed to enter into any department of the establishment where they are to be slaughtered or dressed or in which edible products are handled. Except for purposes of ante-mortem inspection on a transport vehicle, as provided in paragraphs (c) and (d) of this section, when the holding pens of an official establishment are located in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for the compliance with all requirements of the regulations in this Subchapter with respect to such pens.

(c) Ante-mortem inspection of disabled animals, and other animals unable to move, shall be performed while such animals are on a transport vehicle, provided that:

(1) The vehicle is parked in an area that is located on the premises of the establishment;

(2) The area has been designated by the establishment for ante-mortem inspection to be performed on a vehicle;

(3) The area for such ante-mortem inspection is approved by the FSIS inspector-in-charge;

(4) A formal request for this inspection is signed and dated by the FSIS inspector at the establishment where the ante-mortem inspection will be performed in compliance with paragraph (d)(1) of this section;

(5) The sanitation requirements for ante-mortem pens are met within the vehicle in accordance with part 308 of this Subchapter, and the lighting, facility and equipment requirements comply with § 307.2 of this subchapter.

(d)(1) A request for vehicle ante-mortem inspection of disabled animals, and other animals unable to move, must be signed by a manager of the official establishment before approval may be obtained from the FSIS inspector. Upon signature of the request by the FSIS inspector, the transport vehicle is considered part of the official premises.

(2) The establishment management is responsible for keeping the vehicle on the establishment premises until ante-mortem inspection of each disabled animal, and other animals unable to move, is completed and disposition is made with regard to each such animal, and each such animal is removed from the vehicle.

(3) If a transport vehicle is moved after the FSIS inspector has signed a request for ante-mortem inspection of disabled animals, and other animals unable to move, on that vehicle, but before such inspection is completed, the agreement is automatically terminated, and a new agreement must be signed before ante-mortem inspection may be conducted on any such animals on the transport vehicle.

(4) A request is needed for each vehicle with disabled animals, or other animals unable to move, requiring ante-mortem inspection on the transport vehicle. All disabled animals, and other animals unable to move, within that vehicle shall be inspected and removed from the vehicle.

(5) If the FSIS inspector determines that ante-mortem inspection cannot be performed on all the disabled animals, or other animals unable to move, on a vehicle, the FSIS inspector shall not approve the request and the animals shall be removed from the vehicle in accordance with § 313.2(d)(3) of this Subchapter and shall receive ante-mortem inspection in covered pens in accordance with § 313.1(c) and 313.2(d)(1) of this subchapter.

(6) An FSIS inspector shall not sign a request for ante-mortem inspection of disabled animals or other animals unable to move in any instance where he or she deems it necessary to perform ante-mortem inspection in covered pens. The following reasons would warrant an FSIS inspector's refusal to sign a request for ante-mortem inspection:

(i) Facilities such as lighting and equipment are not in compliance with § 307.2 of this subchapter;

(ii) The FSIS inspector does not have enough time to conduct a proper ante- mortem inspection on a transport vehicle due to responsibilities in other areas of the establishment;

(iii) The safety of the FSIS inspector would be put at risk if he or she performed such inspection; and

(iv) The FSIS inspector cannot observe all of the animals on the transport vehicle for ante-mortem inspection because one or more of such animals is hidden from view.

(v) The following request shall be completed, signed, and dated by a manager of the official establishment before it is submitted to the FSIS inspector:

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

3. Section 309.2 would be amended by revising paragraph (b), redesignating paragraphs (c) through (p) as paragraphs (d) through (q), and adding a new paragraph (c) to read as follows:

§ 309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or otherwise.

* * * * *

(b) All disabled animals, and other animals unable to move, including those animals commonly termed "downers", shall be identified as U.S. Suspect and disposed of as provided in § 311.1 of this subchapter unless they are required to be classed as condemned under § 309.3 of this part.

(c) All disabled animals, or other animals unable to move, that receive ante- mortem inspection on a transport vehicle, shall be identified as U.S. Suspect, and if passed for slaughter by the FSIS inspector, shall be treated as U.S. Suspect during post-mortem inspection. Disabled animals, or other animals unable to move, that have been inspected on a transport vehicle and that need further observation before slaughter, shall be humanely removed from the vehicle and placed in covered pens in accordance with § 313.2(d) (2) and (3) of this Subchapter, where ante-mortem inspection will be performed. The animals shall be disposed of in accordance with paragraph (b) of this section.

* * * * *

4. Section 309.13(a) would be amended by revising the first sentence, adding a new sentence after the first sentence, and removing the words "Such animals" from what is now the third sentence to read as follows:

§ 309.13 Disposition of condemned livestock.

(a) Except as otherwise provided in this part, livestock identified as U.S. Condemned shall be killed by the official establishment, if not already dead. Livestock identified as U.S. Condemned while on a transport vehicle shall be removed from the vehicle by the official establishment before the vehicle leaves the establishment premises. Livestock identified as U.S. Condemned * * *

* * * * *

PART 313--HUMANE SLAUGHTER OF LIVESTOCK

1. The authority citation for part 313 would continue to read as follows:

Authority: 92 Stat. 1069, 72 Stat. 862, 34 Stat. 1260, 79 Stat. 903, as amended, 81 Stat. 91, 438; 21 U.S.C. 71 et seq.; 601 et seq.; 7 U.S.C. 1901- 1906.

2. Section 313.1 would be amended by revising the heading, the first sentence of paragraph (a), the first sentence of paragraph (b), and paragraph (c) to read as follows:

§ 313.1 Livestock pens, driveways, ramps, and transport vehicles used for ante- mortem inspection.

(a) Livestock pens, driveways, ramps, and transport vehicles used for ante- mortem inspection shall be maintained in good repair. * * *

(b) Floors of livestock pens, ramps, driveways, and transport vehicles shall be constructed and maintained so as to provide good footing for livestock. * * *

(c) U.S. Suspect (as defined in § 301.2(xxx) of this subchapter) and dying, diseased, or disabled livestock (as defined in § 301.1(y) of this subchapter) shall be provided with a covered pen sufficient, in the opinion of the inspector, to protect them from the adverse climatic conditions of the locale while awaiting disposition by the inspector. If ante-mortem inspection of U.S. Suspects is requested to be performed on or in a transport vehicle, the vehicle must also provide sufficient protection, in the opinion of the inspector, to protect the animals from the adverse climatic conditions of the locale to meet these requirements.

* * * * *

3. Section 313.2 would be amended by revising paragraph (d)(1) to read as follows:

§ 313.2 Handling of livestock.

* * * * *

(d) * * *

(1) Disabled animals and other animals unable to move shall be separated from normal ambulatory animals and placed in a covered pen in accordance with § 313.1(c) of this part, except when disabled animals and other animals unable to move are inspected on the transport vehicle in accordance with § 309.1 of this Subchapter. Disabled animals and other animals unable to move inspected on the transport vehicle shall be identified as U.S. Suspect, and stunned before removal from the transport vehicle, unless further observation is required by an FSIS veterinary medical officer. In this case, the animal(s) shall be humanely removed from the vehicle in accordance with § 313.2(d) (2) and (3) of this part and placed in ante-mortem pens for further observation.

* * * * *

PART 314--HANDLING AND DISPOSAL OF CONDEMNED OR OTHER INEDIBLE PRODUCTS AT OFFICIAL ESTABLISHMENTS

1. The authority citation for part 314 would continue to read as follows:

Authority: 34 Stat. 1260, 79 Stat. 903, as amended, 81 Stat. 584, 84 Stat. 91, 438; 21 U.S.C. 71 et seq., 601 et seq., 33 U.S.C. 466-466K.

2. Section 314.1 would be amended by redesignating paragraphs (a) through (c) as (b) through (d), changing the reference (c) to (e) within redesignated paragraph (b), changing the reference (a)(1) to (b)(1) within redesignated paragraph (b)(2), changing the reference (a) to (b) within redesignated paragraph (c), and adding a new paragraph (a) to read as follows:

§ 314.1 Disposition of condemned products at official establishments having tanking facilities; sealing of tanks.

(a) All carcasses of animals condemned upon ante-mortem inspection on a transport vehicle shall be condemned and tanked in accordance with the requirements of this section or elsewhere in this part except as provided in paragraph (e) of this section.

* * * * *

3. Section 314.3 would be amended by redesignating paragraph (b) as paragraph (c) and adding a new paragraph (b) to read as follows:

§ 314.3 Disposition of condemned products at official establishments having no tanking facilities.

* * * * *

(b) All carcasses of animals condemned upon ante-mortem inspection on a transport vehicle shall be removed from the vehicle and disposed of in accordance with paragraphs (a) and (c) of this section.

* * * * *

Done at Washington, DC, on October 16, 1990.

Lester M. Crawford,

Administrator, Food Safety and Inspection Service.

 



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