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Eberly Poultry

Address: 1095 Mt. Airy Rd, Stevens, PA 17578
Establishment No.: p09965

USDA Inspection Report: 8 Oct 2010

Code: 04B04
Violation: 317.6, 318.1(a), 318.1(b)

Citation: At 0740 Hr. I observed in the packing room 11 bagged and labeled pheasants which contained the inspection legend of this establishment on this product. This product had been removed from boxes (13) with the following shipping labels affixed to the boxes "[redacted]." The plant had applied an inspection legend to [product that had not been inspected and passed product. I notified [redacted] QC Technician of this non-compliance at 0740 HR. She notified Robert Eberly, Plant Owner, of this violation. Mr. [redacted] said he would remove the pheasant from the bags and that these birds would be put back into the original shipping boxes it was received in. The 13 shipping boxes of exempted product was retained using US Retain Tag No. B34 802793. This retained product was put in to the freezer. This is a violation of 9CFR 317.6, 318.1(a), and 318.1(b).


317.6 Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with 317.3: Provided, That existing stocks of labels approved prior to the effective date of this section and the quantity of which has been identified to the circuit supervisor as being in storage on said date at the official establishment or other identified warehouse for the account of the operator of the official establishment may be used until such stocks are exhausted, but not later than 1 year after the effective date of this section unless such labels conform to all the requirements of this part and part 319 of this subchapter. The Administrator may upon the show of good cause grant individual extension of time as he deems necessary.

318.1(a) Except as otherwise provided in paragraphs (g) and (h) of this section or 318.12, no product shall be brought into an official establishment unless it has been prepared only in an official establishment and previously inspected and passed by a Program employee, and is identified by an official inspection legend as so inspected and passed. Notwithstanding the foregoing provisions of this subparagraph, product imported in accordance with part 327 of this subchapter and not prepared in the United States outside an official establishment, may enter any official establishment subject in other respects to the same restrictions as apply to domestic product. Products received in an official establishment during the Program employees absence shall be identified and maintained in a manner acceptable to such employee. Product entering any official establishment shall not be used or prepared thereat until it has been reinspected in accordance with 318.2. Any product originally prepared at any official establishment may not be returned into any part of such establishment, except the receiving area approved under 318.3, until it has been reinspected by the inspector.

318.1(b) No slaughtered poultry or poultry product shall be brought into an official establishment unless it has been (1) previously inspected and passed and is identified as such in accordance with the requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) and the regulations thereunder, and has not been prepared other than in an establishment inspected under said Act, or (2) has been inspected and passed and is identified as such in accordance with the requirements of a State law.


Next Report: USDA Inspection Report: 14 Oct 2010
Previous Report: USDA Inspection Report: 4 Oct 2010

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