Agriculture, Dept. of

Food Safety, Wyoming

Chapter 14: Incorporation by Reference of Federal Codes, Standards, Rules, and Regulations

Effective Date: 01/21/2021 to Current

Rule Type: Current Rules & Regulations

Reference Number: 010.0003.14.01212021

CHAPTER 14

Incorporation by Reference of Federal Codes, Standards, Rules, and Regulations

Section 1. For the codes, standards, rules, and regulations incorporated by reference in these rules, the following apply:

(a) The Wyoming Department of Agriculture determined that the incorporation of the full text in these rules is cumbersome and inefficient given the length and nature of the codes, standards, rules, and regulations.

(b) Unless otherwise specified, the incorporation by reference consists of the codes, standards, rules, and regulations in effect on August 15, 2019. The incorporation does not include any later amendments or editions of the incorporated matter.

(c) The incorporated codes, standards, rules, and regulations are maintained at 2219 Carey Ave., Cheyenne, Wyoming 82002, and are available for public inspection and copying at cost at the same location.

Section 2. The following codes, standards, rules, and regulations are incorporated by reference in these rules:

(a) The following sections of the Code of Federal Regulations:

7 CFR 56 Regulations Governing the Voluntary Grading of Shell Eggs.

7 CFR 57 Inspection of Eggs (Egg Products Inspection Act).

7 CFR 60 Country of Origin Labeling for Fish and Shellfish.

7 CFR 65 Country of Origin Labeling of Lamb, Chicken, and Goat Meat, Perishable Agricultural Commodities, Macadamia Nuts, Pecans, Peanuts and Ginseng.

9 CFR 301 Terminology: Adulteration and Misbranding Standards.

9 CFR 302 Application of Inspection and Other Requirements.

9 CFR 303 Exemptions.

9 CFR 304 Application for Inspection; Grant of Inspection.

9 CFR 305 Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violation.

9 CFR 306 Assignment and Authorities of Program Employees.

9 CFR 307 Facilities for Inspection.

9 CFR 309 Ante-mortem Inspection.

9 CFR 310 Post-mortem Inspection.

9 CFR 311 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts.

9 CFR 312 Official Marks, Devices and Certifications.

1. 9 CFR 313 Humane Slaughter of Livestock.
2. 9 CFR 314 Handling and Disposal of Condemned or Other Inedible Product at Official Establishments.
3. 9 CFR 315 Rendering or Other Disposal of Carcasses and Parts Passed for Cooking.
4. 9 CFR 316 Marking Products and Their Containers.
5. 9 CFR 317 Labeling, Marking Devices, and Containers.
6. 9 CFR 318 Entry into Official Establishments; Reinspection and Preparation of Products.
7. 9 CFR 319 Definitions and Standards of Identity or Composition.
8. 9 CFR 320 Records, Registration, and Reports.
9. 9 CFR 321 Cooperation with States and Territories.
10. 9 CFR 325 Transportation.
11. 9 CFR 329 Detention; Seizure and Condemnation; Criminal Offenses.
12. 9 CFR 352 Exotic Animals and Horses; Voluntary Inspection.
13. 9 CFR 354 Voluntary Inspection of Rabbits and Edible Products Thereof.
14. 9 CFR 362 Voluntary Poultry Inspection Regulations.
15. 9 CFR 381 Poultry Products Inspection Regulations.
16. 9 CFR 412 Label Approval.
17. 9 CFR 416 Sanitation.
18. 9 CFR 417 Hazard Analysis and Critical Control Point (HACCP) Systems.
19. 9 CFR 418 Recalls.
20. 9 CFR 424 Preparation and Processing Operations.
21. 9 CFR 430 Requirements for Specific Classes of Products (Listeria monocytogenes).
22. 9 CFR 441.10 Retained Water.
23. 9 CFR 442 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights.
24. 9 CFR 500 Rules of Practice.
25. 9 CFR 590 Inspection of Eggs and Egg Products (Egg Products Inspection Act).
26. 21 CFR 1.20-1.24 Subpart B—General Labeling Requirements.
27. 21 CFR 7.1-7.13 Enforcement Policy Subpart A—General Provisions and 7.40-7.59 Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities.
28. 21 CFR 70 Color Additives.
29. 21 CFR 73.1-73.615 Listing of Color Additives Exempt From Certification Subpart A—Foods.
30. 21 CFR 74.101-74.706 Listing of Color Additives Subject to Certification Subpart A—Foods.
31. 21 CFR 81 General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs, and Cosmetics.

32. 21 CFR 82.3-82.6 Listing of Certified Provisionally Listed Colors and Specifications Subpart A—General Provisions and 82.50-82.706 Subpart B—Drugs and Cosmetics.

33. 21 CFR 100.155 Salt and Iodized Salt.

34. 21 CFR 101 Food Labeling.
35. 21 CFR 102 Common or Usual Name for Nonstandardized Foods (except section 102.19 Petitions).
36. 21 CFR 104 Nutritional Quality Guidelines for Foods.
37. 21 CFR 105 Foods for Special Dietary Use.
38. 21 CFR 108.25-108.35 Emergency Permit Control Subpart B—Specific Requirements and Conditions for Exemption From or Compliance With an Emergency Permit.
39. 21 CFR 109 Unavoidable Contaminants in Food for Human Consumption and Food-Packaging Material.
40. 21 CFR 111 Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements.
41. 21 CFR 113 Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
42. 21 CFR 114 Acidified Foods.
43. 21 CFR 115 Shell Eggs.
44. 21 CFR 117 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food.
45. 21 CFR 120 Hazard Analysis and Critical Control Point (HACCP) Systems.
46. 21 CFR 123 Fish and Fishery Products.
47. 21 CFR 129 Processing and Bottling of Bottled Drinking Water.
48. 21 CFR 130 Food Standards: General.
49. 21 CFR 131 Milk and Cream.
50. 21 CFR 133 Cheeses and Related Cheese Products.
51. 21 CFR 135 Frozen Desserts.
52. 21 CFR 136 Bakery Products.
53. 21 CFR 137 Cereal Flours and Related Products.
54. 21 CFR 139 Macaroni and Noodle Products.
55. 21 CFR 145 Canned Fruits.
56. 21 CFR 146 Canned Fruit Juices.
57. 21 CFR 150 Fruit Butters, Jellies, Preserves and Related Products.
58. 21 CFR 152 Fruit Pies.
59. 21 CFR 155 Canned Vegetables.
60. 21 CFR 156 Vegetable Juices.
61. 21 CFR 158 Frozen Vegetables.
62. 21 CFR 160 Eggs and Egg Products.
63. 21 CFR 161 Fish and Shellfish.
64. 21 CFR 163 Cacao Products.
65. 21 CFR 164 Tree Nut and Peanut Products.
66. 21 CFR 165 Beverages.

21 CFR 166 Margarine. 21 CFR 168 Sweeteners and Table Sirups. 21 CFR 169 Food Dressings and Flavorings. 21 CFR 170 Food Additives. 21 CFR 171 Food Additive Petitions. 21 CFR 172 Food Additives Permitted for Direct Addition to Food For Human Consumption. 21 CFR 173 Secondary Direct Food Additives Permitted in Food for Human Consumption. 21 CFR 174 Indirect Food Additives: General. 21 CFR 175 Indirect Food Additives: Adhesives and Components of Coatings. 21 CFR 176 Indirect Food Additives: Paper and Paperboard Components. 21 CFR 177 Indirect Food Additives; Polymers. 21 CFR 178 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers. 21 CFR 179 Irradiation in the Production, Processing and Handling of Food. 21 CFR 180 Food Additives Permitted in Food or in Contact With Food on an Interim Basis Pending Additional Study. 21 CFR 181 Prior-Sanctioned Food Ingredients. 21 CFR 182 Substances Generally Recognized as Safe. 21 CFR 184 Direct Food Substances Affirmed as Generally Recognized as Safe. 21 CFR 186 Indirect Substances Affirmed as Generally Recognized as Safe. 21 CFR 189 Substances Prohibited From Use in Human Food. 21 CFR 190 Dietary Supplements. 21 CFR 1030.10 Microwave Ovens. 21 CFR 1240.60 Molluscan shellfish. 21 CFR 1240.61 Mandatory pasteurization for all milk and milk products in final package form intended for direct human consumption. 21 CFR 1240.75 Garbage. 40 CFR 141 National Primary Drinking Water Regulations. 40 CFR 152.175 Pesticides Classified for Restricted Use. 40 CFR 180 Tolerances and Exemptions for Pesticide Chemical Residues in Food. 50 CFR 17 Endangered and Threatened Wildlife and Plants.

The incorporated sections may be found electronically at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse

(b) The following sections of the United States Code:

7 USC 136(e) Definitions—Certified applicator, etc. Humane Methods of Livestock Slaughter 7 USC 1901 through 1907.

Federal Food, Drug, and Cosmetic Act 21 USC 321(k), (m), (s), (t) & (ff) Definitions; generally.

Federal Food, Drug, and Cosmetic Act 21 USC 331(v) Prohibited acts.

Federal Food, Drug, and Cosmetic Act 21 USC 333 Penalties.

Federal Food, Drug, and Cosmetic Act 21 USC 342 Adulterated food.

Federal Food, Drug, and Cosmetic Act 21 USC 348 Food additives.

Federal Food, Drug, and Cosmetic Act 21 USC 350b New dietary ingredients.

Federal Food, Drug, and Cosmetic Act 21 USC 373 Records.

Federal Food, Drug, and Cosmetic Act 21 USC 376 Examination of sea food on request of packer; marking food with results; fees; penalties.

Federal Food, Drug, and Cosmetic Act 21 USC 377 Revision of United States Pharmacopoeia; development of analysis and mechanical and physical tests.

The incorporated sections may be found electronically at: uscode.house.gov

(c) National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2017 Revision, found electronically at: https://www.fda.gov/media/117080/download

(d) U.S. Public Health Service / Food and Drug Administration Grade "A" Pasteurized Milk Ordinance 2017 Revision, found electronically at: https://www.fda.gov/media/114169/download

(e) "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments 2017 Revision," and "Methods of Making Sanitation Ratings of Milk Shippers 2017 Revision," found electronically at: https://www.fda.gov/food/milk-guidance-documents-regulatory-information/national-conference-interstate-milk-shipments-ncims-model-documents

(f) United States Department of Agriculture—Agricultural Marketing Service "Milk for Manufacturing Purposes and its Production and Processing (July 21, 2011)," found electronically at: http://www.ams.usda.gov/publications/content/milk-manufacturing-purposes-and-its-production-and-processing

(g) 2018 International Plumbing Code, found electronically at: https://codes.iccsafe.org/content/IPC2018P2/toc

(h) USDA AMS 56 United States Standards, Grades, and Weight Classes for Shell Eggs (July 20, 2000), found electronically at: https://www.ams.usda.gov/sites/default/files/media/Shell_Egg_Standard%5B1%5D.pdf (i) 50 FR 15861 United States Standards for Grades of Extracted Honey (May 23, 1985), found electronically at: https://www.ams.usda.gov/grades-standards/extracted-honey-grades-and-standards

(j) 32 FR 7565 United States Standards for Grades of Comb Honey (May 24, 1967), found electronically at: https://www.ams.usda.gov/grades-standards/comb-honey-grades-and-standards

(k) Federal Meat Inspection Act (including the Wholesome Meat Act), found electronically at: https://www.fsis.usda.gov/wps/portal/fsis/topics/rulemaking/federal-meat-inspection-act

(l) Poultry Products Inspection Act, found electronically at: https://www.fsis.usda.gov/wps/portal/fsis/topics/rulemaking/poultry-products-inspection-acts

(m) Food Allergen Labeling and Consumer Protection Act of 2004, found electronically at: https://www.fda.gov/food/food-allergensgluten-free-guidance-documents-regulatory-information/food-allergen-labeling-and-consumer-protection-act-2004-falcpa