C.F.R. » Title 9 » CHAPTER III—FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION › PART 309—ANTE-MORTEM INSPECTION

9 C.F.R. § 309.1

Ante-mortem inspection on premises of official establishments

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(a) All livestock offered for slaughter in an official establishment shall be examined and inspected on the day of and before slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Administrator have been made in specific cases by the circuit supervisor for such examination and inspection to be made on a different day before slaughter.

(b) Such ante-mortem inspection shall be made on the premises of the establishment at which the livestock are offered for slaughter before the livestock shall be allowed to enter into any department of the establishment where they are to be slaughtered or dressed or in which edible products are handled. When the holding pens of an official establishment are located in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for compliance with all requirements of the regulations in this subchapter with respect to such pens.

[35 FR 15563, Oct. 3, 1970, as amended at 81 FR 46577, July 18, 2016]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2023 · leading case: Nat'l Meat Assn. v. Harris, 132 S. Ct. 965 (2012).
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Nat'l Meat Assn. v. Harris, 132 S. Ct. 965 (2012). “See 9 CFR §309.1 . If the inspector finds no evidence of disease or injury, he approves the animal for slaughter.”
Ctr. for Food Saf. v. Perdue (N.D. Cal. 2022). · cites it 2× “See 9 C.F.R. § 309.1 . During post-mortem inspections, 2 establishments present the head, viscera, and carcass of each animal for inspection by FSIS.”
Farm Sanctuary v. United States Dep't of Agric. (W.D.N.Y. 2023). · cites it 2× “See 9 C.F.R. §§ 309.1 , 309.2. Defendants contend that, even prior to the institution of the NSIS and while establishments operated under the traditional system, most market hog slaughter establishments operating under the traditional system voluntarily segregated animals and…”
People v. Santorsola, 225 Cal. App. Supp. 4th 12 (Cal. App. Dep’t Super. Ct. 2014). · cites it 3× “” (9 C.F.R § 309.1(a) (2014).) Official establishment is defined as “Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this subchapter.”
People v. Santorsola (Cal. Ct. App. 2014). “” (9 C.F.R § 309.1(b).) There is nothing in the record that would show that respondent‟s auction is a holding pen located in a public stockyard and reserved for the use of an official establishment, and so respondent‟s auction is not brought within the preemptive scope of the…”
— 9 C.F.R. § 309.1(a) — 1 case
People v. Santorsola, 225 Cal. App. Supp. 4th 12 (Cal. App. Dep’t Super. Ct. 2014). “” (9 C.F.R § 309.1(a) (2014).) Official establishment is defined as “Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this subchapter.”
— 9 C.F.R. § 309.1(b) — 2 cases
People v. Santorsola, 225 Cal. App. Supp. 4th 12 (Cal. App. Dep’t Super. Ct. 2014). “” (9 C.F.R § 309.1(a) (2014).) Official establishment is defined as “Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this subchapter.”
People v. Santorsola (Cal. Ct. App. 2014). “” (9 C.F.R § 309.1(b).) There is nothing in the record that would show that respondent‟s auction is a holding pen located in a public stockyard and reserved for the use of an official establishment, and so respondent‟s auction is not brought within the preemptive scope of the…”
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