1. POLICY

Palletized, consumer packaged (including food service—hotel, restaurant or institution (HRI), fully marked and labeled meat and poultry products may be imported with the shipping marks and shipping container label applied to the outside of the pallet, rather than to individual tray packs or cartons. However, the pallet must move as an intact unit into distribution.

2. CANCELLATION

Part 4, Section 8, “Alternative Packaging Procedures” dated November 15, 2003

3. PROVISIONS FOR ALTERNATIVE PACKAGING PROCEDURES

1. Packaging and palletizing

   1. Fully marked and labeled, packaged products are placed on pallets, most commonly in cartons or trays. The trays may be stretch wrapped in groups or individually. The products must be secured sufficiently to allow efficient handling during import reinspection sample selection.

   2. The trays or cartons are then palletized and subsequently stretch wrapped (or covered by corrugated material). The wrapped pallet is considered as one shipping container.

   3. Only one type of product may be assembled on a pallet.

2. Labeling

   1. When a pallet is identified as a shipping container, one main shipping label is required.

   2. A shipping container label must prominently and legibly display all information required in Part 2, Section 2, “Labeling Compliance for Imported Meat and Poultry Products.”

   3. The shipping mark must be applied to the pallet. Individual trays need not be marked with the shipping marks (or, in the case of Canadian product, the export stamp number). However, if the entire pallet does not move as an intact unit into distribution, then individual cartons or trays are considered shipping cartons and must bear the mandatory labeling requirements as stated in Part 2, Section 2, “Labeling Compliance for Imported Meat and Poultry Products.” Shipping marks must then be on the individual cartons or trays.

   4. There must be sufficient space to apply the U.S. import mark of inspection. (Exception: Product from Canada is not stamped with the import stamp.)

3. Certification

   1. When the pallet is presented as a shipping container, all production codes present on the retail package (such as date codes imprinted on the can or package) in the shipment must be provided as an addendum to the foreign country’s health certificate. This information can be provided either by the foreign inspection service or the importer.

   2. In the event that production codes are missing, incorrect or completely illegible, or the addendum does not accurately reflect the code present on the product, then the product is not permitted to move as an intact unit into the United States, until the information is provided. The importer can provide a corrected list of production codes associated with the product. The inspector should contact the OIA supervisor for guidance.

   3. The shipment can be presented under normal import reinspection procedures, provided the shipping marks are affixed to the individual cartons or trays. The shipping mark present on the pallet can be transferred to the individual cartons or trays by the import establishment, under the supervision of the import inspector. If the shipping marks are missing from the pallet, then this must be done by an official of the foreign inspection system.

4. IMPORTER RESPONSIBILITY

1. When utilizing alternative packaging procedures, the importer is responsible for assuring that the entire pallet will be distributed to retail or the end user as an intact unit. If the pallet will not remain fully intact to retail or the end user, the importer should make a request that the pallet(s) be marked as per III.C.3 above before movement into commerce.

2. FSIS requires that individual units distributed prior to retail or to an end user must be identified with the appropriate labeling features, including the shipping mark, and must comply with 9 CFR 327.26 (a) or (b) or 9 CFR 381. 204 (a) or (b), as applicable.

3. If FSIS finds product in commerce that has not complied with these requirements, the product is subject to FSIS detention and/or seizure.

4. If FSIS program officials determine that a company or importer consistently violates the provisions of this program, the foreign establishment shall be removed from the program at the discretion of the Import Inspection Division (Deputy Director of Operations). The foreign establishment will be notified through the Office of International Affairs that the plant has been suspended from the program. Foreign establishments requesting program reinstatement must submit a letter, through its foreign inspection system to FSIS, Office of International Affairs requesting reinstatement to the program. This correspondence must provide an explanation of which corrective actions have been taken to prevent future violations.

5. IMPORT ESTABLISHMENT RESPONSIBILITY

The import establishment will be responsible for presenting the lot in a manner so that each individual unit within the lot has an equal chance of being selected as a sample.

6. STAMPING OF THE LOT

1. Inspected and Passed - Each pallet (placard) is stamped legibly with “U.S. Inspected and Passed.” Exception: Canadian product is not stamped inspected and passed.

2. Refused Entry - All cartons/trays are stamped legibly with “U.S. Refused Entry.”
    

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