Rule 40-10-5-.03. Withholding Action or Suspension Without Prior Notification

Georgia Department of Agriculture, Meat Inspection Section may take a withholding action or impose a suspension without providing the establishment prior notification because:

1. (1) The establishment produced and shipped adulterated or misbranded product as defined in 21 U.S.C. 453 or 21 U.S.C. 602;
2. (2) The establishment does not have a Hazard Analysis and Critical Control Point (HACCP) plan as specified in 9 CFR 417.2;
3. (3) The establishment does not have Sanitation Standard Operating Procedures as specified in 9 CFR 416 ;
4. (4) Sanitary conditions are such that products in the establishment are or would be rendered adulterated;
5. (5) The establishment violated the terms of a regulatory control action;
6. (6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Georgia Department of Agriculture employee; or
7. (7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, in accordance with 9 CFR, Part 314 or Part 381, Subpart L within three days of notification.
8. (8) Georgia Department of Agriculture, Meat Inspection Section also may impose a suspension without providing the establishment prior notification if the establishment is handling or slaughtering animals inhumanely.

Authority: O.C.G.A. Secs. 26-2-201, 26-2-202, 26-2-204, 26-2-208, 26-2-210, 26-2-214.

History. Original Rule entitled "Withholding Action or Suspension Without Prior Notification" adopted. F. Jan. 17, 2003; eff. Feb. 6, 2003.