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e-CFR data is current as of March 3, 2021

Title 7Subtitle BChapter IXPart 996 → Subject Group

Title 7: Agriculture

Reports and Records

§996.71   Reports and recordkeeping.

(a) Each handler and importer shall maintain a satisfactory records system for traceability purposes as defined in §996.73.

(b) USDA shall maintain copies of grade and aflatoxin certificates on all peanut lots inspected and chemically tested. USDA and USDA-approved laboratories shall file copies of all aflatoxin certificates completed by such laboratories with the Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1124 1st Street South, Winter Haven, Florida 33880; Telephone (863) 324-3375, Fax: (863) 291-8614, or other address as determined by USDA.

[67 FR 57140, Sept. 9, 2002, as amended at 81 FR 50289, Aug. 1, 2016]

§996.72   Confidential information.

All reports and records furnished or submitted by handlers and importers to USDA which include data or information constituting a trade secret or disclosing a trade position, financial condition, or business operations of the particular handlers or their customers shall be received by, and at all times kept in the custody and control of one or more employees of USDA, and, except as provided in §996.74 or otherwise provided by law, such information shall not be disclosed to any person outside USDA.

§996.73   Verification of reports.

(a) For the purpose of checking and verifying reports kept by handlers and importers and the operation of handlers and importers under the provisions of this Part, the officers, employees or duly authorized agents of USDA shall have access to any premises where peanuts may be held at any time during reasonable business hours and shall be permitted to inspect any peanuts that meet outgoing quality regulations, so held by such handler or importer and any and all records of such handler with respect to the acquisition, holding, or disposition of all peanuts meeting outgoing quality regulations, which may be held or which may have been disposed by handler.

(b) Reports shall be maintained by the handler for nonconforming products to assure traceability throughout the supply chain. The traceability system must include documented records, which enable a full product history to be produced in a timely manner and must ensure product can be traced forward (raw material to distribution) and backwards from distribution to the warehouse feeding the shelling plant, and ensure that all associated tests and all relevant records have been completed. The traceability system shall include identification of all raw materials, process parameters (for specific lot), packaging and final disposition. The handler shall be able to identify the warehouse in which the peanuts were stored immediately prior to shelling. Traceability must be maintained throughout production runs with specific lot codes, and there shall be complete linkage from raw material receipt through final disposition.

[81 FR 50290, Aug. 1, 2016]

§996.74   Compliance.

(a) A handler or importer shall be subject to withdrawal of inspection services, for a period of time to be determined by USDA, if the handler or importer:

(1) Fails to obtain outgoing inspection on shelled or cleaned-inshell peanuts, pursuant to §996.31, and ships such peanuts for human consumption use;

(2) Ships failing quality peanuts, pursuant to §996.31, for human consumption use;

(3) Commingles failing quality peanuts with certified edible quality peanuts and ships the commingled lot for human consumption use without meeting outgoing quality regulations;

(4) Fails to maintain positive lot identification, pursuant to §996.40(a), on peanut lots certified for human consumption use;

(5) Fails to maintain and provide access to records, pursuant to §996.71, and the standards for traceability and nonconforming product disposition pursuant to §996.73, on the reconditioning or disposition of peanuts acquired by such handler or importer; and on lots that meet outgoing quality standards; or

(6) Otherwise violates any provision of section 1308 of the Act or any provision of this part.

(b) Any peanut lot shipped which fails to meet the outgoing quality standards specified in §996.31, and is not reconditioned to meet such standards, or is not disposed to non-human consumption outlets as specified in §996.50, shall be reported by USDA to the Food and Drug Administration and listed on an Agricultural Marketing Service Web site.

[67 FR 57140, Sept. 9, 2002, as amended at 81 FR 50290, Aug. 1, 2016]

§996.75   Effective time.

The provisions of this part, as well as any amendments, shall apply to current crop year peanuts, subsequent crop year peanuts, and prior crop year peanuts not yet inspected, or failing peanut lots that have not met disposition standards, and shall continue in force and effect until modified, suspended, or terminated.

[81 FR 50290, Aug. 1, 2016]

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