901:2-2-04 Withholding action or suspension.
(A) A program employee may take a withholding action or impose a suspension without providing the establishment prior written notification when:
(1) The establishment produced
andor shipped adulterated or misbranded product as defined in section 918.01 of the Revised Code;(2) The establishment does not have a hazard analysis and critical control plan (HACCP) that complies with the requirements of 9 C.F.R. 417.2;
(3) The establishment either does not have sanitation standard operating procedures (SSOP) as required in 9 C.F.R. 416.11, or the SSOP does not meet the requirements of 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, 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 program employee may also impose a suspension without providing the establishment prior notification because the establishment is handling or slaughtering animals inhumanely.
(B) A program employee 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:
(1) The HACCP system is inadequate, as specified in 9 C.F.R. 417.6, due to multiple or recurring noncompliance;
(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. 416.8 due to multiple or recurring noncompliance;
(4) The establishment did not collect and analyze samples for escherichia coli biotype i and record results in accordance with 9 C.F.R. 310.25(a) or 9 C.F.R. 381.94(a); or,
(5) The establishment did not meet the salmonella performance standard requirements prescribed in 9 C.F.R. 310.25(b) or 9 C.F.R. 381.94(b).
Effective: 10/08/2007
R.C. 119.032 review dates: 07/02/2007 and 10/08/2012
CERTIFIED ELECTRONICALLY
Certification
09/26/2007
Date
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.08, 918.28
Prior Effective Dates: 2001-02 OMR 1658 (E), 02/04/02
Document Information
- Effective Date:
- 10/8/2007
- File Date:
- 2007-09-26
- Last Day in Effect:
- 2007-10-08
- Five Year Review:
- Yes
- Rule File:
- 901$2-2-04_PH_FF_A_RU_20070926_1029.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 901:2-2-04. Withholding action or suspension