Putting Glass Walls on New York's Slaughterhouses So We Can See Behind Closed Doors
Hudson Valley Foie Gras

Address: 80 Brooks Rd, Ferndale, NY 12734
Establishment No.: p17966

USDA Inspection Report: 4 Nov 2011

Code: 04B04
Violation:  381.129, 381.96

Citation: At approximately 1245 hours, while performing a Directed General Labeling task I observed the following on the storage rack in the Southeast corner next to the entrance/exit door to Cooler #4. Seven cases ready for shipment containing 42 individually labeled consumer sized packages of raw ready to cook 8oz Petite Duck Breasts (Lot# 308-11) do not bear an official poultry inspection legend on the finished product packages. The principal display panel, a cardboard sleeve securely affixed to the packages declares the establishments official establishment number (P-number) within an official meat inspection legend described in 9CFR 312.2(b)(1), and declares the animal raising claims "Antibiotic Free", an un-approvable claim and "No Growth Stimulants". The "No Growth Stimulants" claim is not followed by or do not address the qualifying disclaimer statement of "Federal regulations prohibit the use of hormones" as required.[newline][newline]Seven cases of 8 oz Petite Duck Breasts, approximately totaling 21lbs retained with US Retained tag# B40198713 in Cooler#4 and 4 cases, approximately 4,000 labels (cardboard sleeves) bearing a pre-printed meat inspection legend containing the establishments P-number and animal raising claims rejected with US Rejected tag#B40198712 in the Labeling Storage Room. [newline][newline]Production Supervisor, immediately notified verbally of the non-compliance and the actions taken. [newline][newline]This is a failure to meet: 9CFR 381.96 and 9CFR 381.129(a).


381.129(a) No poultry product subject to the Act shall have any false or misleading labeling or any container that is so made, formed, or filled as to be misleading. However, established trade names and other labeling and containers which are not false or misleading and which are approved by the Administrator in the regulations or in specific cases are permitted.

381.96 Except as otherwise provided in this subpart, the official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: ‘‘Inspected for wholesomeness by U.S. Department of Agriculture.’’ This wording shall be contained within a circle. The form and arrangement of such wording shall be exactly as indicated in the example in Figure 1, except that the appropriate official establishment number shall be shown, and if the establishment number appears elsewhere on the labeling material in the manner prescribed in 381.123(b), it may be omitted from the inspection mark. The administrator may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The official inspection legend, or the approved abbreviation thereof, shall be printed on consumer packages and other immediate containers of inspected and passed poultry products, or on labels to be securely affixed to such containers of such products and may be printed or stenciled thereon, but shall not be applied by rubber stamping. When applied by a stencil, the legend shall not be less than 4 inches in diameter. An official brand must be applied to inspected and passed carcasses and parts of ratites that are shipped unpacked.


Next Report: USDA Inspection Report: 12 Nov 2011
Previous Report: USDA Inspection Report: 28 Oct 2011

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