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. § 309.19

Market hog segregation under the new swine slaughter inspection system

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(a) The establishment must conduct market hog sorting activities before the animals are presented for ante-mortem inspection. Market hogs exhibiting signs of moribundity, central nervous system disorders, or pyrexia must be disposed of according to paragraph (c) of this section.

(b) The establishment must develop, implement, and maintain written procedures to ensure that market hogs exhibiting signs of moribundity, central nervous system disorders, or pyrexia do not enter the official establishment to be slaughtered. The establishment must incorporate these procedures into its HACCP plan, or sanitation SOPs, or other prerequisite programs.

(c) The establishment must identify livestock that establishment employees have sorted and removed from slaughter with a unique tag, tattoo, or similar device. The establishment must develop, implement, and maintain written procedures to ensure that the animals sorted and removed from slaughter do not enter the human food supply and are disposed of according to 9 CFR part 314.

(d) The establishment must maintain records to document the number of animals disposed of per day because they were removed from slaughter by establishment sorters before ante-mortem inspection by FSIS inspectors and the reasons that the animals were removed. These records are subject to review and evaluation by FSIS personnel.

(e) The establishment must immediately notify FSIS inspectors if the establishment has reason to believe that market hogs may have a notifiable animal disease. Notifiable animal diseases are designated by World Animal Health Organization.

[84 FR 52345, Oct. 1, 2019]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2026 · leading case: Ctr. for Food Saf. v. Perdue (N.D. Cal. 2022).
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Ctr. for Food Saf. v. Perdue (N.D. Cal. 2022). “See 9 C.F.R. § 309.19 (a) (requiring 26 establishment employees to “conduct market hog sorting activities before the animals are 27 presented for ante-mortem inspection”); see also 83 Fed.”
United Food & Com. Workers Union, Local No. 663 v. United States Dep't of Agric. (D. Minnesota 2021). “See 9 C.F.R. §§ 309.19 , 310.26(b) (shifting carcass sorting and disposition responsibilities to pork processing establishments).”
Farm Sanctuary v. United States Dep't of Agric. (2d Cir. 2026). “In their amended complaint, Plaintiffs argued that the portion of the NSIS that revised the antemortem inspection practices for pigs at participating slaughterhouses, 9 C.F.R. § 309.19 , violates portions of the Federal Meat Inspection Act (“FMIA”), 21 U.”
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