Current through all regulations passed and filed through September 16, 2024
Pursuant to rule
901:2-2-01 of the
Administrative Code, 9 C.F.R.
500.3 and
9 C.F.R.
500.4 shall be read as follows:
(A) The department may take a withholding
action or impose a suspension without providing the establishment prior written
notification when any of the following occur:
(1) The establishment produced or shipped
adulterated or misbranded product as defined in section
918.01 of the Revised
Code;
(2) The establishment does
not have a HACCP plan that complies with the requirements of
9 C.F.R.
417.2;
(3) The establishment does not have an SSOP
as required in 9 C.F.R.
416.11 to
9 C.F.R.
416.12;
(4) Sanitary conditions are such that
products in the establishment are or may be rendered adulterated;
(5) The establishment violated the terms of a
regulatory control action;
(6) An
establishment operator, officer, employee, or agent assaulted, threatened to
assault, intimidated, or interfered with a department employee;
(7) The establishment did not destroy a
condemned meat or poultry carcass, or part or product thereof,
that has been found to be adulterated in
accordance with either 9
C.F.R. 314 or
9 C.F.R.
381, subpart L, within three days of
notification; or
(8) The
establishment handled or slaughtered animals in an inhumane manner as defined
in 9 C.F.R.
301.2.
(B) The department may take a withholding
action or impose a suspension after an establishment is provided prior written
notification and the opportunity to demonstrate or achieve compliance when any
of the following occur:
(1) The HACCP system
is inadequate, as specified in
9 C.F.R.
417.6, due to multiple or recurring
noncompliances;
(2) The SSOP has
not been properly implemented or maintained as specified in
9 C.F.R.
416.13 to
9 C.F.R.
416.16;
(3) The establishment has not maintained
sanitary conditions as prescribed in 9 C.F.R. 416.2 to
9 C.F.R.
416.6 due to multiple or recurring
noncompliances;
(4) The
establishment failed to pay for service or its license renewal;
(5) The establishment did not collect and
analyze samples for Escherichia coli biotype 1 and record results in
accordance with 9 C.F.R.
310.25(a) or
9 C.F.R.
381.94(a); or,
(6) The establishment did not meet the
salmonella performance standard requirements prescribed in
9 C.F.R.
310.25(b).
(C) An establishment may request a
voluntary suspension of their inspection license. This request must be made to
the department during any time the facility is not in operation. The department
shall provide the establishment with a copy of a completed voluntary suspension
form.
The establishment shall not resume operation until the
department has inspected the facility and the establishment's license has been
reinstated. The establishment shall make a request for inspection to the
department not less than fourteen days from the date the establishment is to
resume operation.
