[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR325.11]

[Page 330-332]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 325_TRANSPORTATION--Table of Contents
 
Sec. 325.11  Inedible articles: denaturing and other means of 
identification; exceptions.

    (a) Except as provided in Sec. 325.8 and Sec. 325.10, no carcass, 
part of a carcass, rendered grease, tallow, or other fat derived from 
the carcasses of livestock, or other meat food product, that has not 
been inspected and passed at an official establishment under the 
provisions of this subchapter and is not exempted from such inspection, 
and no carcass, part of a carcass, fat or other meat food product that 
is adulterated or misbranded, shall be offered for transportation in 
commerce by any person unless it is handled in accordance with paragraph 
(b), (c), (d), or (e) of this section or is denatured or otherwise 
identified as prescribed in Sec. 325.13, Sec. 314.1, Sec. 314.3, 
Sec. 314.9, Sec. 314.10, or Sec. 314.11 of this subchapter.
    (b) Inedible rendered animal fats from official or other 
establishments in the United States having the physical characteristics 
of a meat food product fit for human food may be transported in commerce 
without denaturing, if the following conditions are met:
    (1) Such inedible rendered fat shall not be bought, sold, 
transported, or offered for sale or offered for transportation in 
commerce, or imported, except by rendering companies, dealers, brokers, 
or others who obtain a numbered permit for such activities from the 
Regional Director.
    (2) 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 Regional Director: And provided further, That such fat intended 
for export and stored at a terminal point prior to export will be 
subject to review by Program employees to assure that it is exported as 
inedible.
    (3) When transported in commerce, 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.
    (4) 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 
part 320 of this subchapter.
    (5) Any diversion or effort to divert inedible rendered fat contrary 
to the provisions of this paragraph (b) or other violation of the 
provisions of this section may result in the revocation of the permit 
for shipment of technical animal fat at the discretion of the 
Administrator.
    (c) Inedible rendered animal fat derived from condemned or other 
inedible materials at official or other establishments in the United 
States may be transported in commerce 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.''
    (d)(1) Except as provided in paragraphs (d)(2), (3), and (4) of this 
section, or in Sec. Sec. 314.10 and 314.11 of this subchapter, no 
animal food prepared, in whole or in part, from materials derived from 
the carcasses of livestock in an official establishment or elsewhere,

[[Page 331]]

shall be bought, sold, transported, offered for sale or transportation, 
or received for transportation, in commerce, or imported, unless:
    (i) It is properly identified as animal food;
    (ii) It is not represented as being a human food; and
    (iii) It has been denatured as prescribed in Sec. 325.13(a)(2) so 
as to be readily distinguishable from an article of human food.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this 
section, an animal food that consists of less than 5 percent of parts or 
products of the carcasses of livestock and that is not represented by 
labeling or appearance or otherwise as being a human food or as a 
product of the meat food industry need not be denatured in accordance 
with Sec. 325.13(a)(2).
    (3) Notwithstanding the provisions of paragraph (d)(1) of this 
section, 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 Sec. 
325.13(a)(2) if the name of the article clearly conveys the article's 
intended use for animal food and appeared on the label in a conspicuous 
manner.
    (i) Except as provided in paragraph (ii) of paragraph (d)(3), 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 livestock.
    (ii) Notwithstanding the provisons of paragraph (i) of this 
paragraph (d)(3), the article's name may be stated on the label to show 
that it is or contains livestock-source material and that the article is 
for animals; e.g., ``Horsemeat 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 livestock 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 livestock 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.
    (iii) 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 livestock carcass-source material contrast 
with their background.
    (4) The requirements of this part do not apply to livestock or 
poultry feeds manufactured from processed livestock byproducts (such as 
meat meal tankage, meat and bone meal, blood meal, and feed grade animal 
fat), or to processed dry animal food.
    (e) Except for inedible rendered animal fats and lungs or lung 
lobes, inedible products (including condemned products only if condemned 
for causes specified in Sec. 314.11 of this subchapter) which were 
prepared at any official establishment, or at any State inspected 
establishment in any State not listed in Sec. 331.2 of this subchapter, 
and which have the physical characteristics of a product fit for human 
food, may be transported from an official establishment or in commerce, 
without denaturing as required by this subchapter, if the following 
conditions are met:
    (1) The shipper must have obtained a numbered permit for such 
activity from the appropriate Regional Director, as identified in Sec. 
301.2 of this subchapter. Such permit may be obtained upon written 
application to the appropriate Regional Director and his determination 
that the proposed transportation would be authorized under this 
paragraph (e). The application shall

[[Page 332]]

state the name and address of the applicant, a description of the type 
of his business operations, and the purpose of making such application.
    (2) Such inedible products may be transported under this paragraph 
(e) 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 Sec. 320.1 of this subchapter.
    (3) When transported from an official establishment or in commerce 
under this paragraph (e), 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.
    (4) Such inedible products shall be transported from an official 
establishment or in commerce under this paragraph (e) 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 part 320 of this subchapter.
    (5) Any diversion, or effort to divert, undenatured, inedible 
product contrary to the provisions of this paragraph (e) or other 
violation of the provisions of this section may result in the revocation 
of the permit for shipment of inedible products under this paragraph 
(e), at the discretion of the Administrator.

[47 FR 17274, Apr. 22, 1982, as amended at 49 FR 47478, Dec. 5, 1984]