Rule 40-10-1-.06 - Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violations(1) Official numbers; subsidiaries and tenants: (a) An official number shall be assigned to each establishment granted inspection. Such number shall be used to identify all inspected and passed products prepared in the establishment. More than one number shall not be assigned to an establishment;(b) Two or more official establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof,(c) When inspection has been granted to any other person at the same establishment, except that a subsidiary or tenant of the grantee, preparing any product at the establishment, may receive inspection at the same establishment.(2) Separation of official establishments: (a) Each official establishment shall be separate and distinct from any unofficial establishment except a poultry products processing establishment operated under Federal Inspection under the Poultry Products Inspection Act or under State Inspection;(b) The slaughter or other preparation of products of horses, mules, or other equines required to be conducted under inspection pursuant to the regulations in this chapter shall be done in establishments separate from any establishment in which cattle, sheep, swine, or goats are slaughtered or their products are prepared;(c) Inspection shall not be inaugurated in any building, any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, or similar material, and the floors, walls, and ceilings are without opening that directly or indirectly communicates with any part of the building used as living quarters.(3) Sanitation and adequate facilities. Inspection shall not be begun if an establishment is not in a sanitary condition or unless the establishment agrees to maintain such condition and provides adequate facilities for conducting such inspection.(4) Inauguration of inspection. When an application for inspection is granted, the officer in charge shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of the regulations in this chapter. If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed, and marked in compliance with the regulations in this chapter, the identity of the same shall be maintained and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulation, or dealt with as inspected and passed under the regulations. The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the officer in charge may prescribe, for carrying out the purposes of this section.(5) Withdrawal of inspection. (a) The Commissioner is authorized to withdraw inspection from an official establishment where the sanitary conditions are such that its products are rendered adulterated, or for failure of the operator to destroy condemned products as required by the Act and the regulations in this chapter.(b) The assignment of inspectors may be temporarily suspended, in whole or in part, by the commissioner to the extent it is determined necessary to avoid impairment of the effective conduct of the program when the operator of any official establishment or any subsidiary therein, or any officer, employee, or agent of any such operator or any subsidiary therein, acting within the scope of his office, employment, or agency threatens to forcibly assault or forcibly assaults, intimidates, or interferes with any program employee in or on account of the performance of his official duties under the act, unless promptly upon the incident being brought by an authorized supervisor of the program employee to the attention of the operator of the establishment the operator satisfactorily justifies the incident, takes effective steps to prevent a recurrence, or provides acceptable assurance that there will not be any recurrences. Such suspension shall remain in effect until one of such actions is taken by the operator: Provided, That upon request of the operator he shall be afforded an opportunity for an expedited hearing to show cause why the suspension should be terminated.(c) Inspection service may be temporarily suspended, in whole or in part, at an official establishment, by the Commissioner, to the extent that it is determined necessary to prevent inhumane slaughtering or handling in connection with slaughter of livestock as defined in 40-10-1-.02(2). The Commissioner shall notify the operator of an establishment orally or in writing, as promptly as circumstances permit, of such suspension and the reasons therefore. Such suspension shall remain in effect until the operator of the establishment takes effective steps to prevent a recurrence, or provides other satisfactory assurances that there will not be any recurrences. Upon request, the operator shall be afforded an opportunity for a hearing to show cause why the suspension should be terminated.(6) Reports of Violations. Inspectors and other program employees shall report to the office in charge all violations of the Act or regulations in this chapter of which they have information and the officer in charge shall report the same to the Commissioner.Ga. Comp. R. & Regs. R. 40-10-1-.06
O.C.G.A. Secs. 26-2-60, 26-2-80.
Original Rule entitled "Reject and Retain Tags" adopted. F. and eff. June 30, 1965.Amended: ER. 40-10-1-0.3-.06 entitled "Assignment and Authority of Division Employees" adopted. F. and eff. August 24, 1970, the date of adoption.Amended: Permanent Rule of same title adopted. F. Dec. 17, 1970; eff. Jan. 6, 1971.Amended: F. June 24, 1975; eff. July 14, 1975.Repealed: New Rule entitled "Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violations" adopted. F. July 21, 1997; eff. August 11, 1997.Repealed: New Rule of same title adopted. F. Jan. 15, 2004; eff. Feb. 4, 2004.Repealed: New Rule of same title adopted. F. Dec. 17, 2008; eff. Jan. 6, 2009.