Or. Admin. Code § 603-029-1435

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-029-1435 - Inedible Articles: Denaturing and Other Means of Identification; Exceptions

(1) Except as provided in OAR 603-029-1425 and OAR 603-029-1430, no carcass, part of a carcass, rendered grease, tallow, or other fat derived from the carcasses of meat animals, or other meat product, that has not been inspected and passed at a state-inspected establishment under the provisions of this part and is not exempted from such inspection, and no carcass, part of a carcass, fat or other meat product that is adulterated or misbranded, shall be offered for transportation in commerce by any person unless it is handled in accordance with section (2), (3), (4), or (5) of this rule or is denatured or otherwise identified as prescribed in OAR 603-029-1440, OAR 603-029-0800, OAR 603-029-0810, OAR 603-029-0840 to 603-029-0850.

(2) Inedible rendered animal fats from state-inspected or other establishments in the United States having the physical characteristics of a meat product fit for human food may be transported in commerce without denaturing, if the following conditions are met:

(a) Such inedible rendered fat shall not be bought, sold, transported, or offered for sale or offered for transportation in commerce in Oregon, or imported, except by rendering companies, dealers, brokers, or others who obtain a license for such activities from the Department.

(b) Such inedible rendered animal fat may be so distributed only if consigned to a domestic manufacturer of technical articles other than for human food or to an export terminal for exportation or storage for exportation as an inedible article, and provided, in the case of such fat consigned to a domestic manufacturer, the product is for use solely by the consignee for manufacturing purposes of nonhuman food articles and may not be further sold or shipped without first receiving approval of the Department: And provided further, That such fat intended for export and stored at a terminal point prior to export will be subject to review by FSIS to assure that it is exported as inedible.

(c) When transported in commerce in Oregon, or imported, such inedible rendered fat shall be marked conspicuously with the words "technical animal fat not intended for human food" on the ends of the shipping containers, in letters not less than 2 inches high; in the case of shipping containers such as drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks. All shipping containers shall have both ends painted with a durable paint, if necessary, to provide a contrasting background for the required marking.

(d) Such inedible rendered fat shall be transported only in sealed shipping containers bearing unofficial seals applied by the shipper, which shall include the identification number assigned by said Director for the permit holder. The number shall appear on the bill of lading or other transportation documents for the shipment. The consignees in the United States must retain the seals in their records as prescribed in OAR 603-029-1300 to 603-029-1330.

(e) Any diversion or effort to divert inedible rendered fat contrary to the provisions of this section (b) or other violation of the provisions of this rule may result in the revocation of the permit for shipment of technical animal fat at the discretion of the Department.

(3) Inedible rendered animal fat derived from condemned or other inedible materials at state-inspected or other establishments in the United States may be transported in commerce in Oregon if mixed with low grade offal or other materials which render the fat readily distinguishable from an article of human food, and if the outside container bears the word "inedible."

(4)

(a) Except as provided in subsections (4)(b), (c), and (d) of this rule, or in OAR 603-029-0845 and 603-029-0850, no animal food prepared, in whole or in part, from materials derived from the carcasses of meat animals in a state-inspected establishment or elsewhere, shall be bought, sold, transported, offered for sale or transportation, or received for transportation, in commerce in Oregon, or imported, unless:

(A) It is properly identified as animal food;

(B) It is not represented as being a human food; and

(C) It has been denatured as prescribed in OAR 603-029-1440(1)(b) so as to be readily distinguishable from an article of human food.

(b) Notwithstanding the provisions of subsection (4)(a) of this rule, an animal food that consists of less than 5 percent of parts or products of the carcasses of meat animals and that is not represented by labeling or appearance or otherwise as being a human food or as a product of the meat industry need not be denatured in accordance with OAR 603-029-1440(1)(b).

(c) Notwithstanding the provisions of subsection (4)(a) of this rule, animal food packed in hermetically sealed, retort processed, conventional retail-size containers, and retail-size packages of semi-moist animal food need not be denatured in accordance with OAR 603-029-1440(1)(b) if the name of the article clearly conveys the article's intended use for animal food and appears on the label in a conspicuous manner.

(A) Except as provided in paragraph (4)(c)(C), the name of the article must be stated on the label as "Animal Food," "Pet Food," or "(name of species) Food" (e.g., "Dog Food" or "Cat Food"). To be considered conspicuous, the name of the article, wherever it appears on the label, must be in letters at least twice as high, wide, and thick as the letters indicating the presence in the article of any ingredients derived from the carcasses of meat animals.

(B) Notwithstanding the provisions of paragraph (4)(c)(A), the article's name may be stated on the label to show that it is or contains meat animal-source material and that the article is for animals; e.g., "(species)meat for Pets" or "Beef Stew for Dogs": Provided, That the entire name of the article is stated, wherever it appears on the label, as an individual, contiguous unit, whether stated on a single line or more than one line, and the letters denoting the article's intended use for animal food are at least as high, wide, and thick as the letters indicating the presence of material derived from any meat animal carcass. However, when the label bears on its principal display panel a vignette which pictures, in clearly recognizable form and size, one or more animals of the species for which the article's name indicates the article is intended, the letters used to state the article's intended use shall be at least one-half as high, wide, and thick as the letters used in the article's name or other letters indicating the presence of material derived from any meat animal carcass, but shall not be less than 1/8 inches high. The letters used to state the article's intended use may be separated from the article's name by the vignette.

(C) Letters used to denote the intended use of the article must contrast as markedly with their background as the letters indicating the presence in the article of meat animal carcass-source material contrast with their background.

(d) The requirements of this rule do not apply to meat animals or poultry feeds manufactured from processed meat animal byproducts (such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat), or to processed dry animal food.

(5) Except for inedible rendered animal fats and lungs or lung lobes, inedible products (including condemned products only if condemned for causes specified in OAR 603-029-0850) which were prepared at any state-inspected establishment, CIS establishment, or official federal establishment, and which have the physical characteristics of a product fit for human food, may be transported from a state-inspected establishment or in commerce, without denaturing as required by this part, if the following conditions are met:

(a) The shipper must have obtained a numbered permit for such activity from the Department. Such permit may be obtained upon written application to the Department and the determination that the proposed transportation would be authorized under this section (5). The application shall state the name and address of the applicant, a description of the type of his business operations, and the purpose of making such application.

(b) Such inedible products may be transported under this section (5) only if consigned to a manufacturer in the United States of articles other than for human food and if the product is for use solely by the consignee for manufacturing articles not for human food. Such products may not be transported in commerce to any consignee other than the one to which they were originally shipped unless prior notice of the diversion is given to the appropriate Regional Director and a record identifying the new consignee is maintained by the shipper as required by OAR 603-029-1300.

(c) When transported from a state-inspected establishment or in commerce under this section (5), the outside container of such inedible products shall be marked conspicuously with the words "Inedible-Not Intended for Human Food" in letters not less than 2 inches high, in the case of containers, such as cartons, drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks used to transport such products not in other containers.

(d) Such inedible products shall be transported from an state-inspected establishment or in commerce under this section (5) only in railroad cars, trucks, or containers which bear unofficial seals applied by the shipper, which shall include the identification number assigned to the permit holder and an individual seal serial number assigned by the shipper; and the product so transported shall be accompanied by an invoice or bill of lading specifying the permit holder's identification number. The consignee in the United States must retain a record of the identification and serial numbers shown on the seals in his records as prescribed in OAR 603-029-1300 to 603-029-1330.

(e) Any diversion, or effort to divert, undenatured, inedible product contrary to the provisions of this section (5) or other violation of the provisions of this rule may result in the revocation of the permit for shipment of inedible products under this section (5), at the discretion of the Department.

Or. Admin. Code § 603-029-1435

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036