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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:3.0.1.1.4.0.1.1 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.1 Applicability. | FAA | (a) This part prescribes flight and duty limitations and rest requirements for all flightcrew members and certificate holders conducting passenger operations under part 121 of this chapter. (b) This part applies to all operations directed by part 121 certificate holders under part 91, other than subpart K, of this chapter if any segment is conducted as a domestic passenger, flag passenger, or supplemental passenger operation. (c) This part applies to all flightcrew members when participating in an operation under part 91, other than subpart K of this chapter, on behalf of the part 121 certificate holder if any flight segment is conducted as a domestic passenger, flag passenger, or supplemental passenger operation (d) Notwithstanding paragraphs (a), (b) and (c) of this section, a certificate holder may conduct under part 117 its part 121 operations pursuant to 121.470, 121.480, or 121.500. | ||||||
| 14:14:3.0.1.1.4.0.1.10 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.19 Flight duty period extensions. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013] | (a) For augmented and unaugmented operations, if unforeseen operational circumstances arise prior to takeoff: (1) The pilot in command and the certificate holder may extend the maximum flight duty period permitted in Tables B or C of this part up to 2 hours. The pilot in command and the certificate holder may also extend the maximum combined flight duty period and reserve availability period limits specified in § 117.21(c)(3) and (4) of this part up to 2 hours. (2) An extension in the flight duty period under paragraph (a)(1) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in § 117.25(b). (3) A flight duty period cannot be extended under paragraph (a)(1) of this section if it causes a flightcrew member to exceed the cumulative flight duty period limits specified in 117.23(c). (4) Each certificate holder must report to the Administrator within 10 days any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part by more than 30 minutes. The report must contain the following: (i) A description of the extended flight duty period and the circumstances surrounding the need for the extension; and (ii) If the circumstances giving rise to the extension were within the certificate holder's control, the corrective action(s) that the certificate holder intends to take to minimize the need for future extensions. (5) Each certificate holder must implement the corrective action(s) reported in paragraph (a)(4) of this section within 30 days from the date of the extended flight duty period. (b) For augmented and unaugmented operations, if unforeseen operational circumstances arise after takeoff: (1) The pilot in command and the certificate holder may extend maximum flight duty periods specified in Tables B or C of this part to the extent necessary to safely land the aircraft at the next destination airport or alternate airport, as appropriate. (2) An extension of the flight duty period under paragraph (b)(1) of this sec… | |||||
| 14:14:3.0.1.1.4.0.1.11 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.21 Reserve status. | FAA | (a) Unless specifically designated as airport/standby or short-call reserve by the certificate holder, all reserve is considered long-call reserve. (b) Any reserve that meets the definition of airport/standby reserve must be designated as airport/standby reserve. For airport/standby reserve, all time spent in a reserve status is part of the flightcrew member's flight duty period. (c) For short call reserve, (1) The reserve availability period may not exceed 14 hours. (2) For a flightcrew member who has completed a reserve availability period, no certificate holder may schedule and no flightcrew member may accept an assignment of a reserve availability period unless the flightcrew member receives the required rest in § 117.25(e). (3) For an unaugmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the lesser of the maximum applicable flight duty period in Table B of this part plus 4 hours, or 16 hours, as measured from the beginning of the reserve availability period. (4) For an augmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the flight duty period in Table C of this part plus 4 hours, as measured from the beginning of the reserve availability period. (d) For long call reserve, if a certificate holder contacts a flightcrew member to assign him or her to a flight duty period that will begin before and operate into the flightcrew member's window of circadian low, the flightcrew member must receive a 12 hour notice of report time from the certificate holder. (e) A certificate holder may shift a reserve flightcrew member's reserve status from long-call to short-call only if the flightcrew member receives a rest period as provided in § 117.25(e). | ||||||
| 14:14:3.0.1.1.4.0.1.12 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.23 Cumulative limitations. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013] | (a) The limitations of this section include all flying by flightcrew members on behalf of any certificate holder or 91K Program Manager during the applicable periods. (b) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member's total flight time will exceed the following: (1) 100 hours in any 672 consecutive hours or (2) 1,000 hours in any 365 consecutive calendar day period. (c) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member's total Flight Duty Period will exceed: (1) 60 flight duty period hours in any 168 consecutive hours or (2) 190 flight duty period hours in any 672 consecutive hours. | |||||
| 14:14:3.0.1.1.4.0.1.13 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.25 Rest period. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013] | (a) No certificate holder may assign and no flightcrew member may accept assignment to any reserve or duty with the certificate holder during any required rest period. (b) Before beginning any reserve or flight duty period a flightcrew member must be given at least 30 consecutive hours free from all duty within the past 168 consecutive hour period. (c) If a flightcrew member operating in a new theater has received 36 consecutive hours of rest, that flightcrew member is acclimated and the rest period meets the requirements of paragraph (b) of this section. (d) A flightcrew member must be given a minimum of 56 consecutive hours rest upon return to home base if the flightcrew member: (1) Travels more than 60° longitude during a flight duty period or a series of flight duty period, and (2) is away from home base for more than 168 consecutive hours during this travel. The 56 hours of rest specified in this section must encompass three physiological nights' rest based on local time. (e) No certificate holder may schedule and no flightcrew member may accept an assignment for any reserve or flight duty period unless the flightcrew member is given a rest period of at least 10 consecutive hours immediately before beginning the reserve or flight duty period measured from the time the flightcrew member is released from duty. The 10 hour rest period must provide the flightcrew member with a minimum of 8 uninterrupted hours of sleep opportunity. (f) If a flightcrew member determines that a rest period under paragraph (e) of this section will not provide eight uninterrupted hours of sleep opportunity, the flightcrew member must notify the certificate holder. The flightcrew member cannot report for the assigned flight duty period until he or she receives a rest period specified in paragraph (e) of this section. (g) If a flightcrew member engaged in deadhead transportation exceeds the applicable flight duty period in Table B of this part, the flightcrew member must be given a rest period equal to the length of the deadhead … | |||||
| 14:14:3.0.1.1.4.0.1.14 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.27 Consecutive nighttime operations. | FAA | A certificate holder may schedule and a flightcrew member may accept up to five consecutive flight duty periods that infringe on the window of circadian low if the certificate holder provides the flightcrew member with an opportunity to rest in a suitable accommodation during each of the consecutive nighttime flight duty periods. The rest opportunity must be at least 2 hours, measured from the time that the flightcrew member reaches the suitable accommodation, and must comply with the conditions specified in § 117.15(a), (c), (d), and (e). Otherwise, no certificate holder may schedule and no flightcrew member may accept more than three consecutive flight duty periods that infringe on the window of circadian low. For purposes of this section, any split duty rest that is provided in accordance with § 117.15 counts as part of a flight duty period. | ||||||
| 14:14:3.0.1.1.4.0.1.15 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.29 Emergency and government sponsored operations. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013] | (a) This section applies to operations conducted pursuant to contracts with the U.S. Government and operations conducted pursuant to a deviation under § 119.57 of this chapter that cannot otherwise be conducted under this part because of circumstances that could prevent flightcrew members from being relieved by another crew or safely provided with the rest required under § 117.25 at the end of the applicable flight duty period. (b) The pilot-in-command may determine that the maximum applicable flight duty period, flight time, and/or combined flight duty period and reserve availability period limits must be exceeded to the extent necessary to allow the flightcrew to fly to the closest destination where they can safely be relieved from duty by another flightcrew or can receive the requisite amount of rest prior to commencing their next flight duty period. (c) A flight duty period may not be extended for an operation conducted pursuant to a contract with the U.S. Government if it causes a flightcrew member to exceed the cumulative flight time limits in § 117.23(b) and the cumulative flight duty period limits in § 117.23(c). (d) The flightcrew shall be given a rest period immediately after reaching the destination described in paragraph (b) of this section equal to the length of the actual flight duty period or 24 hours, whichever is less. (e) Each certificate holder must report within 10 days: (1) Any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part, as applicable, by more than 30 minutes; (2) Any flight time that exceeded the maximum flight time limits permitted in Table A of this part and § 117.11, as applicable; and (3) Any flight duty period or flight time that exceeded the cumulative limits specified in § 117.23. (f) The report must contain the following: (1) A description of the extended flight duty period and flight time limitation, and the circumstances surrounding the need for the extension; and (2) If the circumstances giving rise to the exte… | |||||
| 14:14:3.0.1.1.4.0.1.2 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.3 Definitions. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013] | In addition to the definitions in §§ 1.1 and 110.2 of this chapter, the following definitions apply to this part. In the event there is a conflict in definitions, the definitions in this part control for purposes of the flight and duty limitations and rest requirements of this part. Acclimated means a condition in which a flightcrew member has been in a theater for 72 hours or has been given at least 36 consecutive hours free from duty. Airport/standby reserve means a defined duty period during which a flightcrew member is required by a certificate holder to be at an airport for a possible assignment. Augmented flightcrew means a flightcrew that has more than the minimum number of flightcrew members required by the airplane type certificate to operate the aircraft to allow a flightcrew member to be replaced by another qualified flightcrew member for in-flight rest. Calendar day means a 24-hour period from 0000 through 2359 using Coordinated Universal Time or local time. Certificate holder means a person who holds or is required to hold an air carrier certificate or operating certificate issued under part 119 of this chapter. Deadhead transportation means transportation of a flightcrew member as a passenger or non-operating flightcrew member, by any mode of transportation, as required by a certificate holder, excluding transportation to or from a suitable accommodation. All time spent in deadhead transportation is duty and is not rest. For purposes of determining the maximum flight duty period in Table B of this part, deadhead transportation is not considered a flight segment. Duty means any task that a flightcrew member performs as required by the certificate holder, including but not limited to flight duty period, flight duty, pre- and post-flight duties, administrative work, training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing. Fatigue means a physiological state of reduced mental or physical performance capability resulting from lack of… | |||||
| 14:14:3.0.1.1.4.0.1.3 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.5 Fitness for duty. | FAA | (a) Each flightcrew member must report for any flight duty period rested and prepared to perform his or her assigned duties. (b) No certificate holder may assign and no flightcrew member may accept assignment to a flight duty period if the flightcrew member has reported for a flight duty period too fatigued to safely perform his or her assigned duties. (c) No certificate holder may permit a flightcrew member to continue a flight duty period if the flightcrew member has reported him or herself too fatigued to continue the assigned flight duty period. (d) As part of the dispatch or flight release, as applicable, each flightcrew member must affirmatively state he or she is fit for duty prior to commencing flight. | ||||||
| 14:14:3.0.1.1.4.0.1.4 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.7 Fatigue risk management system. | FAA | (a) No certificate holder may exceed any provision of this part unless approved by the FAA under a Fatigue Risk Management System that provides at least an equivalent level of safety against fatigue-related accidents or incidents as the other provisions of this part. (b) The Fatigue Risk Management System must include: (1) A fatigue risk management policy. (2) An education and awareness training program. (3) A fatigue reporting system. (4) A system for monitoring flightcrew fatigue. (5) An incident reporting process. (6) A performance evaluation. | ||||||
| 14:14:3.0.1.1.4.0.1.5 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.9 Fatigue education and awareness training program. | FAA | (a) Each certificate holder must develop and implement an education and awareness training program, approved by the Administrator. This program must provide annual education and awareness training to all employees of the certificate holder responsible for administering the provisions of this rule including flightcrew members, dispatchers, individuals directly involved in the scheduling of flightcrew members, individuals directly involved in operational control, and any employee providing direct management oversight of those areas. (b) The fatigue education and awareness training program must be designed to increase awareness of: (1) Fatigue; (2) The effects of fatigue on pilots; and (3) Fatigue countermeasures (c) (1) Each certificate holder must update its fatigue education and awareness training program every two years and submit the update to the Administrator for review and acceptance. (2) Not later than 12 months after the date of submission of the fatigue education and awareness training program required by (c)(1) of this section, the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update. | ||||||
| 14:14:3.0.1.1.4.0.1.6 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.11 Flight time limitation. | FAA | [Docket FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013] | (a) No certificate holder may schedule and no flightcrew member may accept an assignment or continue an assigned flight duty period if the total flight time: (1) Will exceed the limits specified in Table A of this part if the operation is conducted with the minimum required flightcrew. (2) Will exceed 13 hours if the operation is conducted with a 3-pilot flightcrew. (3) Will exceed 17 hours if the operation is conducted with a 4-pilot flightcrew. (b) If unforeseen operational circumstances arise after takeoff that are beyond the certificate holder's control, a flightcrew member may exceed the maximum flight time specified in paragraph (a) of this section and the cumulative flight time limits in 117.23(b) to the extent necessary to safely land the aircraft at the next destination airport or alternate, as appropriate. (c) Each certificate holder must report to the Administrator within 10 days any flight time that exceeded the maximum flight time limits permitted by this section or § 117.23(b). The report must contain a description of the extended flight time limitation and the circumstances surrounding the need for the extension. | |||||
| 14:14:3.0.1.1.4.0.1.7 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.13 Flight duty period: Unaugmented operations. | FAA | (a) Except as provided for in § 117.15, no certificate holder may assign and no flightcrew member may accept an assignment for an unaugmented flight operation if the scheduled flight duty period will exceed the limits in Table B of this part. (b) If the flightcrew member is not acclimated: (1) The maximum flight duty period in Table B of this part is reduced by 30 minutes. (2) The applicable flight duty period is based on the local time at the theater in which the flightcrew member was last acclimated. | ||||||
| 14:14:3.0.1.1.4.0.1.8 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.15 Flight duty period: Split duty. | FAA | For an unaugmented operation only, if a flightcrew member is provided with a rest opportunity (an opportunity to sleep) in a suitable accommodation during his or her flight duty period, the time that the flightcrew member spends in the suitable accommodation is not part of that flightcrew member's flight duty period if all of the following conditions are met: (a) The rest opportunity is provided between the hours of 22:00 and 05:00 local time. (b) The time spent in the suitable accommodation is at least 3 hours, measured from the time that the flightcrew member reaches the suitable accommodation. (c) The rest opportunity is scheduled before the beginning of the flight duty period in which that rest opportunity is taken. (d) The rest opportunity that the flightcrew member is actually provided may not be less than the rest opportunity that was scheduled. (e) The rest opportunity is not provided until the first segment of the flight duty period has been completed. (f) The combined time of the flight duty period and the rest opportunity provided in this section does not exceed 14 hours. | ||||||
| 14:14:3.0.1.1.4.0.1.9 | 14 | Aeronautics and Space | I | G | 117 | PART 117—FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS | § 117.17 Flight duty period: Augmented flightcrew. | FAA | (a) For flight operations conducted with an acclimated augmented flightcrew, no certificate holder may assign and no flightcrew member may accept an assignment if the scheduled flight duty period will exceed the limits specified in Table C of this part. (b) If the flightcrew member is not acclimated: (1) The maximum flight duty period in Table C of this part is reduced by 30 minutes. (2) The applicable flight duty period is based on the local time at the theater in which the flightcrew member was last acclimated. (c) No certificate holder may assign and no flightcrew member may accept an assignment under this section unless during the flight duty period: (1) Two consecutive hours in the second half of the flight duty period are available for in-flight rest for the pilot flying the aircraft during landing. (2) Ninety consecutive minutes are available for in-flight rest for the pilot performing monitoring duties during landing. (d) No certificate holder may assign and no flightcrew member may accept an assignment involving more than three flight segments under this section. (e) At all times during flight, at least one flightcrew member qualified in accordance with § 121.543(b)(3)(i) of this chapter must be at the flight controls. | ||||||
| 21:21:2.0.1.1.16.1.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.1 Applicability and status. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3715, Jan. 22, 2016] | (a) The criteria and definitions in this part apply in determining whether a food is: (1) Adulterated within the meaning of: (i) Section 402(a)(3) of the Federal Food, Drug, and Cosmetic Act in that the food has been manufactured under such conditions that it is unfit for food; or (ii) Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act in that the food has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; and (2) In violation of section 361 of the Public Health Service Act (42 U.S.C. 264). (b) The operation of a facility that manufactures, processes, packs, or holds food for sale in the United States if the owner, operator, or agent in charge of such facility is required to comply with, and is not in compliance with, section 418 of the Federal Food, Drug, and Cosmetic Act or subpart C, D, E, F, or G of this part is a prohibited act under section 301(uu) of the Federal Food, Drug, and Cosmetic Act. (c) Food covered by specific current good manufacturing practice regulations also is subject to the requirements of those regulations. | |||
| 21:21:2.0.1.1.16.1.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.3 Definitions. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3715, Jan. 22, 2016] | The definitions and interpretations of terms in section 201 of the Federal Food, Drug, and Cosmetic Act apply to such terms when used in this part. The following definitions also apply: Acid foods or acidified foods means foods that have an equilibrium pH of 4.6 or below. Adequate means that which is needed to accomplish the intended purpose in keeping with good public health practice. Affiliate means any facility that controls, is controlled by, or is under common control with another facility. Allergen cross-contact means the unintentional incorporation of a food allergen into a food. Audit means the systematic, independent, and documented examination (through observation, investigation, records review, discussions with employees of the audited entity, and, as appropriate, sampling and laboratory analysis) to assess an audited entity's food safety processes and procedures. Batter means a semifluid substance, usually composed of flour and other ingredients, into which principal components of food are dipped or with which they are coated, or which may be used directly to form bakery foods. Blanching, except for tree nuts and peanuts, means a prepackaging heat treatment of foodstuffs for an adequate time and at an adequate temperature to partially or completely inactivate the naturally occurring enzymes and to effect other physical or biochemical changes in the food. Calendar day means every day shown on the calendar. Correction means an action to identify and correct a problem that occurred during the production of food, without other actions associated with a corrective action procedure (such as actions to reduce the likelihood that the problem will recur, evaluate all affected food for safety, and prevent affected food from entering commerce). Critical control point means a point, step, or procedure in a food process at which control can be applied and is essential to prevent or eliminate a food safety hazard or reduce such hazard to an acceptable level. Defect action level means a level… | |||
| 21:21:2.0.1.1.16.1.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.4 Qualifications of individuals who manufacture, process, pack, or hold food. | FDA | (a) Applicability. (1) The management of an establishment must ensure that all individuals who manufacture, process, pack, or hold food subject to subparts B and F of this part are qualified to perform their assigned duties. (2) The owner, operator, or agent in charge of a facility must ensure that all individuals who manufacture, process, pack, or hold food subject to subpart C, D, E, F, or G of this part are qualified to perform their assigned duties. (b) Qualifications of all individuals engaged in manufacturing, processing, packing, or holding food. Each individual engaged in manufacturing, processing, packing, or holding food (including temporary and seasonal personnel) or in the supervision thereof must: (1) Be a qualified individual as that term is defined in § 117.3— i.e., have the education, training, or experience (or a combination thereof) necessary to manufacture, process, pack, or hold clean and safe food as appropriate to the individual's assigned duties; and (2) Receive training in the principles of food hygiene and food safety, including the importance of employee health and personal hygiene, as appropriate to the food, the facility and the individual's assigned duties. (c) Additional qualifications of supervisory personnel. Responsibility for ensuring compliance by individuals with the requirements of this part must be clearly assigned to supervisory personnel who have the education, training, or experience (or a combination thereof) necessary to supervise the production of clean and safe food. (d) Records. Records that document training required by paragraph (b)(2) of this section must be established and maintained. | ||||
| 21:21:2.0.1.1.16.1.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.5 Exemptions. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016] | (a) Except as provided by subpart E of this part, subparts C and G of this part do not apply to a qualified facility. Qualified facilities are subject to the modified requirements in § 117.201. (b) Subparts C and G of this part do not apply with respect to activities that are subject to part 123 of this chapter (Fish and Fishery Products) at a facility if you are required to comply with, and are in compliance with, part 123 of this chapter with respect to such activities. (c) Subparts C and G of this part do not apply with respect to activities that are subject to part 120 of this chapter (Hazard Analysis and Critical Control Point (HACCP) Systems) at a facility if you are required to comply with, and are in compliance with, part 120 of this chapter with respect to such activities. (d)(1) Subparts C and G of this part do not apply with respect to activities that are subject to part 113 of this chapter (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers) at a facility if you are required to comply with, and are in compliance with, part 113 of this chapter with respect to such activities. (2) The exemption in paragraph (d)(1) of this section is applicable only with respect to the microbiological hazards that are regulated under part 113 of this chapter. (e) Subparts C and G do not apply to any facility with regard to the manufacturing, processing, packaging, or holding of a dietary supplement that is in compliance with the requirements of part 111 of this chapter (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements) and section 761 of the Federal Food, Drug, and Cosmetic Act (Serious Adverse Event Reporting for Dietary Supplements). (f) Subparts C and G of this part do not apply to activities of a facility that are subject to section 419 of the Federal Food, Drug, and Cosmetic Act (Standards for Produce Safety). (g)(1) The exemption in paragraph (g)(3) of this section applies to packing or holding of processed foo… | |||
| 21:21:2.0.1.1.16.1.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.7 Applicability of subparts C, D, and G of this part to a facility solely engaged in the storage of unexposed packaged food. | FDA | (a) Applicability of subparts C and G. Subparts C and G of this part do not apply to a facility solely engaged in the storage of unexposed packaged food. (b) Applicability of subpart D. A facility solely engaged in the storage of unexposed packaged food, including unexposed packaged food that requires time/temperature control to significantly minimize or prevent the growth of, or toxin production by, pathogens is subject to the modified requirements in § 117.206 for any unexposed packaged food that requires time/temperature control to significantly minimize or prevent the growth of, or toxin production by, pathogens. | ||||
| 21:21:2.0.1.1.16.1.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.8 Applicability of subpart B of this part to the off-farm packing and holding of raw agricultural commodities. | FDA | [81 FR 3956, Jan. 25, 2016] | Except as provided by § 117.5(k)(1), subpart B of this part applies to the off-farm packaging, packing, and holding of raw agricultural commodities. Compliance with this requirement for raw agricultural commodities that are produce as defined in part 112 of this chapter may be achieved by complying with subpart B of this part or with the applicable requirements for packing and holding in part 112 of this chapter. | |||
| 21:21:2.0.1.1.16.1.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | A | Subpart A—General Provisions | § 117.9 Records required for this subpart. | FDA | (a) Records that document training required by § 117.4(b)(2) must be established and maintained. (b) The records that must be established and maintained are subject to the requirements of subpart F of this part. | ||||
| 21:21:2.0.1.1.16.2.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.10 Personnel. | FDA | The management of the establishment must take reasonable measures and precautions to ensure the following: (a) Disease control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, must be excluded from any operations which may be expected to result in such contamination until the condition is corrected, unless conditions such as open lesions, boils, and infected wounds are adequately covered ( e.g., by an impermeable cover). Personnel must be instructed to report such health conditions to their supervisors. (b) Cleanliness. All persons working in direct contact with food, food-contact surfaces, and food-packaging materials must conform to hygienic practices while on duty to the extent necessary to protect against allergen cross-contact and against contamination of food. The methods for maintaining cleanliness include: (1) Wearing outer garments suitable to the operation in a manner that protects against allergen cross-contact and against the contamination of food, food-contact surfaces, or food-packaging materials. (2) Maintaining adequate personal cleanliness. (3) Washing hands thoroughly (and sanitizing if necessary to protect against contamination with undesirable microorganisms) in an adequate hand-washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated. (4) Removing all unsecured jewelry and other objects that might fall into food, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary cond… | ||||
| 21:21:2.0.1.1.16.2.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.20 Plant and grounds. | FDA | (a) Grounds. The grounds about a food plant under the control of the operator must be kept in a condition that will protect against the contamination of food. The methods for adequate maintenance of grounds must include: (1) Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the plant that may constitute an attractant, breeding place, or harborage for pests. (2) Maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where food is exposed. (3) Adequately draining areas that may contribute contamination to food by seepage, foot-borne filth, or providing a breeding place for pests. (4) Operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination in areas where food is exposed. (5) If the plant grounds are bordered by grounds not under the operator's control and not maintained in the manner described in paragraphs (a)(1) through (4) of this section, care must be exercised in the plant by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of food contamination. (b) Plant construction and design. The plant must be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food-production purposes ( i.e., manufacturing, processing, packing, and holding). The plant must: (1) Provide adequate space for such placement of equipment and storage of materials as is necessary for maintenance, sanitary operations, and the production of safe food. (2) Permit the taking of adequate precautions to reduce the potential for allergen cross-contact and for contamination of food, food-contact surfaces, or food-packaging materials with microorganisms, chemicals, filth, and other extraneous material. The potential for allergen cross-contact and for contamination may be reduced by adequate food safety controls and operating practices or effective design, includ… | ||||
| 21:21:2.0.1.1.16.2.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.35 Sanitary operations. | FDA | (a) General maintenance. Buildings, fixtures, and other physical facilities of the plant must be maintained in a clean and sanitary condition and must be kept in repair adequate to prevent food from becoming adulterated. Cleaning and sanitizing of utensils and equipment must be conducted in a manner that protects against allergen cross-contact and against contamination of food, food-contact surfaces, or food-packaging materials. (b) Substances used in cleaning and sanitizing; storage of toxic materials. (1) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures must be free from undesirable microorganisms and must be safe and adequate under the conditions of use. Compliance with this requirement must be verified by any effective means, including purchase of these substances under a letter of guarantee or certification or examination of these substances for contamination. Only the following toxic materials may be used or stored in a plant where food is processed or exposed: (i) Those required to maintain clean and sanitary conditions; (ii) Those necessary for use in laboratory testing procedures; (iii) Those necessary for plant and equipment maintenance and operation; and (iv) Those necessary for use in the plant's operations. (2) Toxic cleaning compounds, sanitizing agents, and pesticide chemicals must be identified, held, and stored in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials. (c) Pest control. Pests must not be allowed in any area of a food plant. Guard, guide, or pest-detecting dogs may be allowed in some areas of a plant if the presence of the dogs is unlikely to result in contamination of food, food-contact surfaces, or food-packaging materials. Effective measures must be taken to exclude pests from the manufacturing, processing, packing, and holding areas and to protect against the contamination of food on the premises by pests. The use of pesticides to control pests in the plant is permitted only under… | ||||
| 21:21:2.0.1.1.16.2.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.37 Sanitary facilities and controls. | FDA | Each plant must be equipped with adequate sanitary facilities and accommodations including: (a) Water supply. The water supply must be adequate for the operations intended and must be derived from an adequate source. Any water that contacts food, food-contact surfaces, or food-packaging materials must be safe and of adequate sanitary quality. Running water at a suitable temperature, and under pressure as needed, must be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food-packaging materials, or for employee sanitary facilities. (b) Plumbing. Plumbing must be of adequate size and design and adequately installed and maintained to: (1) Carry adequate quantities of water to required locations throughout the plant. (2) Properly convey sewage and liquid disposable waste from the plant. (3) Avoid constituting a source of contamination to food, water supplies, equipment, or utensils or creating an unsanitary condition. (4) Provide adequate floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. (5) Provide that there is not backflow from, or cross-connection between, piping systems that discharge waste water or sewage and piping systems that carry water for food or food manufacturing. (c) Sewage disposal. Sewage must be disposed of into an adequate sewerage system or disposed of through other adequate means. (d) Toilet facilities. Each plant must provide employees with adequate, readily accessible toilet facilities. Toilet facilities must be kept clean and must not be a potential source of contamination of food, food-contact surfaces, or food-packaging materials. (e) Hand-washing facilities. Each plant must provide hand-washing facilities designed to ensure that an employee's hands are not a source of contamination of food, food-contact surfaces, or food-packaging materials, by providing facilities that are adequate, convenient,… | ||||
| 21:21:2.0.1.1.16.2.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.40 Equipment and utensils. | FDA | (a)(1) All plant equipment and utensils used in manufacturing, processing, packing, or holding food must be so designed and of such material and workmanship as to be adequately cleanable, and must be adequately maintained to protect against allergen cross-contact and contamination. (2) Equipment and utensils must be designed, constructed, and used appropriately to avoid the adulteration of food with lubricants, fuel, metal fragments, contaminated water, or any other contaminants. (3) Equipment must be installed so as to facilitate the cleaning and maintenance of the equipment and of adjacent spaces. (4) Food-contact surfaces must be corrosion-resistant when in contact with food. (5) Food-contact surfaces must be made of nontoxic materials and designed to withstand the environment of their intended use and the action of food, and, if applicable, cleaning compounds, sanitizing agents, and cleaning procedures. (6) Food-contact surfaces must be maintained to protect food from allergen cross-contact and from being contaminated by any source, including unlawful indirect food additives. (b) Seams on food-contact surfaces must be smoothly bonded or maintained so as to minimize accumulation of food particles, dirt, and organic matter and thus minimize the opportunity for growth of microorganisms and allergen cross-contact. (c) Equipment that is in areas where food is manufactured, processed, packed, or held and that does not come into contact with food must be so constructed that it can be kept in a clean and sanitary condition. (d) Holding, conveying, and manufacturing systems, including gravimetric, pneumatic, closed, and automated systems, must be of a design and construction that enables them to be maintained in an appropriate clean and sanitary condition. (e) Each freezer and cold storage compartment used to store and hold food capable of supporting growth of microorganisms must be fitted with an indicating thermometer, temperature-measuring device, or temperature-recording device so installed as to show the… | ||||
| 21:21:2.0.1.1.16.2.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.80 Processes and controls. | FDA | (a) General. (1) All operations in the manufacturing, processing, packing, and holding of food (including operations directed to receiving, inspecting, transporting, and segregating) must be conducted in accordance with adequate sanitation principles. (2) Appropriate quality control operations must be employed to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. (3) Overall sanitation of the plant must be under the supervision of one or more competent individuals assigned responsibility for this function. (4) Adequate precautions must be taken to ensure that production procedures do not contribute to allergen cross-contact and to contamination from any source. (5) Chemical, microbial, or extraneous-material testing procedures must be used where necessary to identify sanitation failures or possible allergen cross-contact and food contamination. (6) All food that has become contaminated to the extent that it is adulterated must be rejected, or if appropriate, treated or processed to eliminate the contamination. (b) Raw materials and other ingredients. (1) Raw materials and other ingredients must be inspected and segregated or otherwise handled as necessary to ascertain that they are clean and suitable for processing into food and must be stored under conditions that will protect against allergen cross-contact and against contamination and minimize deterioration. Raw materials must be washed or cleaned as necessary to remove soil or other contamination. Water used for washing, rinsing, or conveying food must be safe and of adequate sanitary quality. Water may be reused for washing, rinsing, or conveying food if it does not cause allergen cross-contact or increase the level of contamination of the food. (2) Raw materials and other ingredients must either not contain levels of microorganisms that may render the food injurious to the health of humans, or they must be pasteurized or otherwise treated during manufacturing operations so that they no long… | ||||
| 21:21:2.0.1.1.16.2.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.93 Warehousing and distribution. | FDA | Storage and transportation of food must be under conditions that will protect against allergen cross-contact and against biological, chemical (including radiological), and physical contamination of food, as well as against deterioration of the food and the container. | ||||
| 21:21:2.0.1.1.16.2.1.8 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.95 Holding and distribution of human food by-products for use as animal food. | FDA | [80 FR 56337, Sept. 17, 2015] | (a) Human food by-products held for distribution as animal food without additional manufacturing or processing by the human food processor, as identified in § 507.12 of this chapter, must be held under conditions that will protect against contamination, including the following: (1) Containers and equipment used to convey or hold human food by-products for use as animal food before distribution must be designed, constructed of appropriate material, cleaned as necessary, and maintained to protect against the contamination of human food by-products for use as animal food; (2) Human food by-products for use as animal food held for distribution must be held in a way to protect against contamination from sources such as trash; and (3) During holding, human food by-products for use as animal food must be accurately identified. (b) Labeling that identifies the by-product by the common or usual name must be affixed to or accompany human food by-products for use as animal food when distributed. (c) Shipping containers ( e.g., totes, drums, and tubs) and bulk vehicles used to distribute human food by-products for use as animal food must be examined prior to use to protect against contamination of the human food by-products for use as animal food from the container or vehicle when the facility is responsible for transporting the human food by-products for use as animal food itself or arranges with a third party to transport the human food by-products for use as animal food. | |||
| 21:21:2.0.1.1.16.2.1.9 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | B | Subpart B—Current Good Manufacturing Practice | § 117.110 Defect action levels. | FDA | (a) The manufacturer, processor, packer, and holder of food must at all times utilize quality control operations that reduce natural or unavoidable defects to the lowest level currently feasible. (b) The mixing of a food containing defects at levels that render that food adulterated with another lot of food is not permitted and renders the final food adulterated, regardless of the defect level of the final food. For examples of defect action levels that may render food adulterated, see the Defect Levels Handbook, which is accessible at http://www.fda.gov/pchfrule and at http://www.fda.gov . | ||||
| 21:21:2.0.1.1.16.3.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.126 Food safety plan. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 84 FR 12491, Apr. 2, 2019] | (a) Requirement for a food safety plan. (1) You must prepare, or have prepared, and implement a written food safety plan. (2) The food safety plan must be prepared, or its preparation overseen, by one or more preventive controls qualified individuals. (b) Contents of a food safety plan. The written food safety plan must include: (1) The written hazard analysis as required by § 117.130(a)(2); (2) The written preventive controls as required by § 117.135(b); (3) The written supply-chain program as required by subpart G of this part; (4) The written recall plan as required by § 117.139(a); and (5) The written procedures for monitoring the implementation of the preventive controls as required by § 117.145(a); (6) The written corrective action procedures as required by § 117.150(a)(1); and (7) The written verification procedures as required by § 117.165(b). (c) Records. The food safety plan required by this section is a record that is subject to the requirements of subpart F of this part. | |||
| 21:21:2.0.1.1.16.3.1.10 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.155 Verification. | FDA | (a) Verification activities. Verification activities must include, as appropriate to the nature of the preventive control and its role in the facility's food safety system: (1) Validation in accordance with § 117.160. (2) Verification that monitoring is being conducted as required by § 117.140 (and in accordance with § 117.145). (3) Verification that appropriate decisions about corrective actions are being made as required by § 117.140 (and in accordance with § 117.150). (4) Verification of implementation and effectiveness in accordance with § 117.165; and (5) Reanalysis in accordance with § 117.170. (b) Documentation. All verification activities conducted in accordance with this section must be documented in records. | ||||
| 21:21:2.0.1.1.16.3.1.11 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.160 Validation. | FDA | (a) You must validate that the preventive controls identified and implemented in accordance with § 117.135 are adequate to control the hazard as appropriate to the nature of the preventive control and its role in the facility's food safety system. (b) The validation of the preventive controls: (1) Must be performed (or overseen) by a preventive controls qualified individual: (i)(A) Prior to implementation of the food safety plan; or (B) When necessary to demonstrate the control measures can be implemented as designed: ( 1 ) Within 90 calendar days after production of the applicable food first begins; or ( 2 ) Within a reasonable timeframe, provided that the preventive controls qualified individual prepares (or oversees the preparation of) a written justification for a timeframe that exceeds 90 calendar days after production of the applicable food first begins; (ii) Whenever a change to a control measure or combination of control measures could impact whether the control measure or combination of control measures, when properly implemented, will effectively control the hazards; and (iii) Whenever a reanalysis of the food safety plan reveals the need to do so; (2) Must include obtaining and evaluating scientific and technical evidence (or, when such evidence is not available or is inadequate, conducting studies) to determine whether the preventive controls, when properly implemented, will effectively control the hazards; and (c) You do not need to validate: (1) The food allergen controls in § 117.135(c)(2); (2) The sanitation controls in § 117.135(c)(3); (3) The recall plan in § 117.139; (4) The supply-chain program in subpart G of this part; and (5) Other preventive controls, if the preventive controls qualified individual prepares (or oversees the preparation of) a written justification that validation is not applicable based on factors such as the nature of the hazard, and the nature of the preventive control and its role in the facility's food safety system. | ||||
| 21:21:2.0.1.1.16.3.1.12 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.165 Verification of implementation and effectiveness. | FDA | (a) Verification activities. You must verify that the preventive controls are consistently implemented and are effectively and significantly minimizing or preventing the hazards. To do so you must conduct activities that include the following, as appropriate to the facility, the food, and the nature of the preventive control and its role in the facility's food safety system: (1) Calibration of process monitoring instruments and verification instruments (or checking them for accuracy); (2) Product testing, for a pathogen (or appropriate indicator organism) or other hazard; (3) Environmental monitoring, for an environmental pathogen or for an appropriate indicator organism, if contamination of a ready-to-eat food with an environmental pathogen is a hazard requiring a preventive control, by collecting and testing environmental samples; and (4) Review of the following records within the specified timeframes, by (or under the oversight of) a preventive controls qualified individual, to ensure that the records are complete, the activities reflected in the records occurred in accordance with the food safety plan, the preventive controls are effective, and appropriate decisions were made about corrective actions: (i) Records of monitoring and corrective action records within 7 working days after the records are created or within a reasonable timeframe, provided that the preventive controls qualified individual prepares (or oversees the preparation of) a written justification for a timeframe that exceeds 7 working days; and (ii) Records of calibration, testing ( e.g., product testing, environmental monitoring), supplier and supply-chain verification activities, and other verification activities within a reasonable time after the records are created; and (5) Other activities appropriate for verification of implementation and effectiveness. (b) Written procedures. As appropriate to the facility, the food, the nature of the preventive control, and the role of the preventive control in the facility's food safety … | ||||
| 21:21:2.0.1.1.16.3.1.13 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.170 Reanalysis. | FDA | (a) You must conduct a reanalysis of the food safety plan as a whole at least once every 3 years; (b) You must conduct a reanalysis of the food safety plan as a whole, or the applicable portion of the food safety plan: (1) Whenever a significant change in the activities conducted at your facility creates a reasonable potential for a new hazard or creates a significant increase in a previously identified hazard; (2) Whenever you become aware of new information about potential hazards associated with the food; (3) Whenever appropriate after an unanticipated food safety problem in accordance with § 117.150(b); and (4) Whenever you find that a preventive control, combination of preventive controls, or the food safety plan as a whole is ineffective. (c) You must complete the reanalysis required by paragraphs (a) and (b) of this section and validate, as appropriate to the nature of the preventive control and its role in the facility's food safety system, any additional preventive controls needed to address the hazard identified: (1) Before any change in activities (including any change in preventive control) at the facility is operative; or (2) When necessary to demonstrate the control measures can be implemented as designed: (i) Within 90 calendar days after production of the applicable food first begins; or (ii) Within a reasonable timeframe, provided that the preventive controls qualified individual prepares (or oversees the preparation of) a written justification for a timeframe that exceeds 90-calendar days after production of the applicable food first begins. (d) You must revise the written food safety plan if a significant change in the activities conducted at your facility creates a reasonable potential for a new hazard or a significant increase in a previously identified hazard or document the basis for the conclusion that no revisions are needed. (e) A preventive controls qualified individual must perform (or oversee) the reanalysis. (f) You must conduct a reanalysis of the food safety plan when … | ||||
| 21:21:2.0.1.1.16.3.1.14 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.180 Requirements applicable to a preventive controls qualified individual and a qualified auditor. | FDA | (a) One or more preventive controls qualified individuals must do or oversee the following: (1) Preparation of the food safety plan (§ 117.126(a)(2)); (2) Validation of the preventive controls (§ 117.160(b)(1)); (3) Written justification for validation to be performed in a timeframe that exceeds the first 90 calendar days of production of the applicable food; (4) Determination that validation is not required (§ 117.160(c)(5)); (5) Review of records (§ 117.165(a)(4)); (6) Written justification for review of records of monitoring and corrective actions within a timeframe that exceeds 7 working days; (7) Reanalysis of the food safety plan (§ 117.170(d)); and (8) Determination that reanalysis can be completed, and additional preventive controls validated, as appropriate to the nature of the preventive control and its role in the facility's food safety system, in a timeframe that exceeds the first 90 calendar days of production of the applicable food. (b) A qualified auditor must conduct an onsite audit (§ 117.435(a)). (c)(1) To be a preventive controls qualified individual, the individual must have successfully completed training in the development and application of risk-based preventive controls at least equivalent to that received under a standardized curriculum recognized as adequate by FDA or be otherwise qualified through job experience to develop and apply a food safety system. Job experience may qualify an individual to perform these functions if such experience has provided an individual with knowledge at least equivalent to that provided through the standardized curriculum. This individual may be, but is not required to be, an employee of the facility. (2) To be a qualified auditor, a qualified individual must have technical expertise obtained through education, training, or experience (or a combination thereof) necessary to perform the auditing function. (d) All applicable training in the development and application of risk-based preventive controls must be documented in records, including the … | ||||
| 21:21:2.0.1.1.16.3.1.15 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.190 Implementation records required for this subpart. | FDA | (a) You must establish and maintain the following records documenting implementation of the food safety plan: (1) Documentation, as required by § 117.136(b), of the basis for not establishing a preventive control in accordance with § 117.136(a); (2) Records that document the monitoring of preventive controls; (3) Records that document corrective actions; (4) Records that document verification, including, as applicable, those related to: (i) Validation; (ii) Verification of monitoring; (iii) Verification of corrective actions; (iv) Calibration of process monitoring and verification instruments; (v) Product testing; (vi) Environmental monitoring; (vii) Records review; and (viii) Reanalysis; (5) Records that document the supply-chain program; and (6) Records that document applicable training for the preventive controls qualified individual and the qualified auditor. (b) The records that you must establish and maintain are subject to the requirements of subpart F of this part. | ||||
| 21:21:2.0.1.1.16.3.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.130 Hazard analysis. | FDA | (a) Requirement for a hazard analysis. (1) You must conduct a hazard analysis to identify and evaluate, based on experience, illness data, scientific reports, and other information, known or reasonably foreseeable hazards for each type of food manufactured, processed, packed, or held at your facility to determine whether there are any hazards requiring a preventive control. (2) The hazard analysis must be written regardless of its outcome. (b) Hazard identification. The hazard identification must consider: (1) Known or reasonably foreseeable hazards that include: (i) Biological hazards, including microbiological hazards such as parasites, environmental pathogens, and other pathogens; (ii) Chemical hazards, including radiological hazards, substances such as pesticide and drug residues, natural toxins, decomposition, unapproved food or color additives, and food allergens; and (iii) Physical hazards (such as stones, glass, and metal fragments); and (2) Known or reasonably foreseeable hazards that may be present in the food for any of the following reasons: (i) The hazard occurs naturally; (ii) The hazard may be unintentionally introduced; or (iii) The hazard may be intentionally introduced for purposes of economic gain. (c) Hazard evaluation. (1)(i) The hazard analysis must include an evaluation of the hazards identified in paragraph (b) of this section to assess the severity of the illness or injury if the hazard were to occur and the probability that the hazard will occur in the absence of preventive controls. (ii) The hazard evaluation required by paragraph (c)(1)(i) of this section must include an evaluation of environmental pathogens whenever a ready-to-eat food is exposed to the environment prior to packaging and the packaged food does not receive a treatment or otherwise include a control measure (such as a formulation lethal to the pathogen) that would significantly minimize the pathogen. (2) The hazard evaluation must consider the effect of the following on the safety of the finished food… | ||||
| 21:21:2.0.1.1.16.3.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.135 Preventive controls. | FDA | (a)(1) You must identify and implement preventive controls to provide assurances that any hazards requiring a preventive control will be significantly minimized or prevented and the food manufactured, processed, packed, or held by your facility will not be adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act or misbranded under section 403(w) of the Federal Food, Drug, and Cosmetic Act. (2) Preventive controls required by paragraph (a)(1) of this section include: (i) Controls at critical control points (CCPs), if there are any CCPs; and (ii) Controls, other than those at CCPs, that are also appropriate for food safety. (b) Preventive controls must be written. (c) Preventive controls include, as appropriate to the facility and the food: (1) Process controls. Process controls include procedures, practices, and processes to ensure the control of parameters during operations such as heat processing, acidifying, irradiating, and refrigerating foods. Process controls must include, as appropriate to the nature of the applicable control and its role in the facility's food safety system: (i) Parameters associated with the control of the hazard; and (ii) The maximum or minimum value, or combination of values, to which any biological, chemical, or physical parameter must be controlled to significantly minimize or prevent a hazard requiring a process control. (2) Food allergen controls. Food allergen controls include procedures, practices, and processes to control food allergens. Food allergen controls must include those procedures, practices, and processes employed for: (i) Ensuring protection of food from allergen cross-contact, including during storage, handling, and use; and (ii) Labeling the finished food, including ensuring that the finished food is not misbranded under section 403(w) of the Federal Food, Drug, and Cosmetic Act. (3) Sanitation controls. Sanitation controls include procedures, practices, and processes to ensure that the facility is maintained in a sanitary conditio… | ||||
| 21:21:2.0.1.1.16.3.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.136 Circumstances in which the owner, operator, or agent in charge of a manufacturing/processing facility is not required to implement a preventive control. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016] | (a) Circumstances. If you are a manufacturer/processor, you are not required to implement a preventive control when you identify a hazard requiring a preventive control (identified hazard) and any of the following circumstances apply: (1) You determine and document that the type of food ( e.g., raw agricultural commodities such as cocoa beans, coffee beans, and grains) could not be consumed without application of an appropriate control. (2) You rely on your customer who is subject to the requirements for hazard analysis and risk-based preventive controls in this subpart to ensure that the identified hazard will be significantly minimized or prevented and you: (i) Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is “not processed to control [identified hazard]”; and (ii) Annually obtain from your customer written assurance, subject to the requirements of § 117.137, that the customer has established and is following procedures (identified in the written assurance) that will significantly minimize or prevent the identified hazard. (3) You rely on your customer who is not subject to the requirements for hazard analysis and risk-based preventive controls in this subpart to provide assurance it is manufacturing, processing, or preparing the food in accordance with applicable food safety requirements and you: (i) Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is “not processed to control [identified hazard]”; and (ii) Annually obtain from your customer written assurance that it is manufacturing, processing, or preparing the food in accordance with applicable food safety requirements. (4) You rely on your customer to provide assurance that the food will be processed to control the identified hazard by an entity in the distribution chain subsequent to the customer and you: (i) Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is “not processed … | |||
| 21:21:2.0.1.1.16.3.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.137 Provision of assurances required under § 117.136(a)(2), (3), and (4). | FDA | A facility that provides a written assurance under § 117.136(a)(2), (3), or (4) must act consistently with the assurance and document its actions taken to satisfy the written assurance. | ||||
| 21:21:2.0.1.1.16.3.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.139 Recall plan. | FDA | For food with a hazard requiring a preventive control: (a) You must establish a written recall plan for the food. (b) The written recall plan must include procedures that describe the steps to be taken, and assign responsibility for taking those steps, to perform the following actions as appropriate to the facility: (1) Directly notify the direct consignees of the food being recalled, including how to return or dispose of the affected food; (2) Notify the public about any hazard presented by the food when appropriate to protect public health; (3) Conduct effectiveness checks to verify that the recall is carried out; and (4) Appropriately dispose of recalled food— e.g., through reprocessing, reworking, diverting to a use that does not present a safety concern, or destroying the food. | ||||
| 21:21:2.0.1.1.16.3.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.140 Preventive control management components. | FDA | (a) Except as provided by paragraphs (b) and (c) of this section, the preventive controls required under § 117.135 are subject to the following preventive control management components as appropriate to ensure the effectiveness of the preventive controls, taking into account the nature of the preventive control and its role in the facility's food safety system: (1) Monitoring in accordance with § 117.145; (2) Corrective actions and corrections in accordance with § 117.150; and (3) Verification in accordance with § 117.155. (b) The supply-chain program established in subpart G of this part is subject to the following preventive control management components as appropriate to ensure the effectiveness of the supply-chain program, taking into account the nature of the hazard controlled before receipt of the raw material or other ingredient: (1) Corrective actions and corrections in accordance with § 117.150, taking into account the nature of any supplier non-conformance; (2) Review of records in accordance with § 117.165(a)(4); and (3) Reanalysis in accordance with § 117.170. (c) The recall plan established in § 117.139 is not subject to the requirements of paragraph (a) of this section. | ||||
| 21:21:2.0.1.1.16.3.1.8 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.145 Monitoring. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016] | As appropriate to the nature of the preventive control and its role in the facility's food safety system: (a) Written procedures. You must establish and implement written procedures, including the frequency with which they are to be performed, for monitoring the preventive control; and (b) Monitoring. You must monitor the preventive controls with adequate frequency to provide assurance that they are consistently performed. (c) Records. (1) Requirement to document monitoring. You must document the monitoring of preventive controls in accordance with this section in records that are subject to verification in accordance with § 117.155(a)(2) and records review in accordance with § 117.165(a)(4)(i). (2) Exception records. (i) Records of refrigeration temperature during storage of food that requires time/temperature control to significantly minimize or prevent the growth of, or toxin production by, pathogens may be affirmative records demonstrating temperature is controlled or exception records demonstrating loss of temperature control. (ii) Exception records may be adequate in circumstances other than monitoring of refrigeration temperature. | |||
| 21:21:2.0.1.1.16.3.1.9 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | C | Subpart C—Hazard Analysis and Risk-Based Preventive Controls | § 117.150 Corrective actions and corrections. | FDA | (a) Corrective action procedures. As appropriate to the nature of the hazard and the nature of the preventive control, except as provided by paragraph (c) of this section: (1) You must establish and implement written corrective action procedures that must be taken if preventive controls are not properly implemented, including procedures to address, as appropriate: (i) The presence of a pathogen or appropriate indicator organism in a ready-to-eat product detected as a result of product testing conducted in accordance with § 117.165(a)(2); and (ii) The presence of an environmental pathogen or appropriate indicator organism detected through the environmental monitoring conducted in accordance with § 117.165(a)(3). (2) The corrective action procedures must describe the steps to be taken to ensure that: (i) Appropriate action is taken to identify and correct a problem that has occurred with implementation of a preventive control; (ii) Appropriate action is taken, when necessary, to reduce the likelihood that the problem will recur; (iii) All affected food is evaluated for safety; and (iv) All affected food is prevented from entering into commerce, if you cannot ensure that the affected food is not adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act or misbranded under section 403(w) of the Federal Food, Drug, and Cosmetic Act. (b) Corrective action in the event of an unanticipated food safety problem. (1) Except as provided by paragraph (c) of this section, you are subject to the requirements of paragraphs (b)(2) of this section if any of the following circumstances apply: (i) A preventive control is not properly implemented and a corrective action procedure has not been established; (ii) A preventive control, combination of preventive controls, or the food safety plan as a whole is found to be ineffective; or (iii) A review of records in accordance with § 117.165(a)(4) finds that the records are not complete, the activities conducted did not occur in accordance with the food safe… | ||||
| 21:21:2.0.1.1.16.4.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | D | Subpart D—Modified Requirements | § 117.201 Modified requirements that apply to a qualified facility. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016] | (a) Attestations to be submitted. A qualified facility must submit the following attestations to FDA: (1) An attestation that the facility is a qualified facility as defined in § 117.3. For the purpose of determining whether a facility satisfies the definition of qualified facility, the baseline year for calculating the adjustment for inflation is 2011; and (2)(i) An attestation that you have identified the potential hazards associated with the food being produced, are implementing preventive controls to address the hazards, and are monitoring the performance of the preventive controls to ensure that such controls are effective; or (ii) An attestation that the facility is in compliance with State, local, county, tribal, or other applicable non-Federal food safety law, including relevant laws and regulations of foreign countries, including an attestation based on licenses, inspection reports, certificates, permits, credentials, certification by an appropriate agency (such as a State department of agriculture), or other evidence of oversight. (b) Procedure for submission. The attestations required by paragraph (a) of this section must be submitted to FDA by one of the following means: (1) Electronic submission. To submit electronically, go to http://www.fda.gov/furls and follow the instructions. This Web site is available from wherever the Internet is accessible, including libraries, copy centers, schools, and Internet cafes. FDA encourages electronic submission. (2) Submission by mail. (i) You must use Form FDA 3942a. You may obtain a copy of this form by any of the following mechanisms: (A) Download it from http://www.fda.gov/pchfrule ; (B) Write to the U.S. Food and Drug Administration (HFS-681), 5001 Campus Dr., College Park, MD 20740; or (C) Request a copy of this form by phone at 1-800-216-7331 or 301-575-0156. (ii) Send a paper Form FDA 3942a to the U.S. Food and Drug Administration (HFS-681), 5001 Campus Dr., College Park, MD 20740. We recommend that you submit a paper copy only if your… | |||
| 21:21:2.0.1.1.16.4.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | D | Subpart D—Modified Requirements | § 117.206 Modified requirements that apply to a facility solely engaged in the storage of unexposed packaged food. | FDA | (a) If a facility that is solely engaged in the storage of unexposed packaged food stores any such refrigerated packaged food that requires time/temperature control to significantly minimize or prevent the growth of, or toxin production by pathogens, the facility must conduct the following activities as appropriate to ensure the effectiveness of the temperature controls: (1) Establish and implement temperature controls adequate to significantly minimize or prevent the growth of, or toxin production by, pathogens; (2) Monitor the temperature controls with adequate frequency to provide assurance that the temperature controls are consistently performed; (3) If there is a loss of temperature control that may impact the safety of such refrigerated packaged food, take appropriate corrective actions to: (i) Correct the problem and reduce the likelihood that the problem will recur; (ii) Evaluate all affected food for safety; and (iii) Prevent the food from entering commerce, if you cannot ensure the affected food is not adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act; (4) Verify that temperature controls are consistently implemented by: (i) Calibrating temperature monitoring and recording devices (or checking them for accuracy); (ii) Reviewing records of calibration within a reasonable time after the records are created; and (iii) Reviewing records of monitoring and corrective actions taken to correct a problem with the control of temperature within 7 working days after the records are created or within a reasonable timeframe, provided that the preventive controls qualified individual prepares (or oversees the preparation of) a written justification for a timeframe that exceeds 7 working days; (5) Establish and maintain the following records: (i) Records (whether affirmative records demonstrating temperature is controlled or exception records demonstrating loss of temperature control) documenting the monitoring of temperature controls for any such refrigerated packaged food; (ii) Re… | ||||
| 21:21:2.0.1.1.16.5.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.251 Circumstances that may lead FDA to withdraw a qualified facility exemption. | FDA | (a) FDA may withdraw a qualified facility exemption under § 117.5(a): (1) In the event of an active investigation of a foodborne illness outbreak that is directly linked to the qualified facility; or (2) If FDA determines that it is necessary to protect the public health and prevent or mitigate a foodborne illness outbreak based on conditions or conduct associated with the qualified facility that are material to the safety of the food manufactured, processed, packed, or held at such facility. (b) Before FDA issues an order to withdraw a qualified facility exemption, FDA: (1) May consider one or more other actions to protect the public health or mitigate a foodborne illness outbreak, including a warning letter, recall, administrative detention, suspension of registration, refusal of food offered for import, seizure, and injunction; (2) Must notify the owner, operator, or agent in charge of the facility, in writing, of circumstances that may lead FDA to withdraw the exemption, and provide an opportunity for the owner, operator, or agent in charge of the facility to respond in writing, within 15 calendar days of the date of receipt of the notification, to FDA's notification; and (3) Must consider the actions taken by the facility to address the circumstances that may lead FDA to withdraw the exemption. | ||||
| 21:21:2.0.1.1.16.5.1.10 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.280 Revocation of an order to withdraw a qualified facility exemption. | FDA | An order to withdraw a qualified facility exemption is revoked if: (a) You appeal the order and request an informal hearing, FDA grants the request for an informal hearing, and the presiding officer does not confirm the order within the 10-calendar days after the hearing, or issues a decision revoking the order within that time; or (b) You appeal the order and request an informal hearing, FDA denies the request for an informal hearing, and FDA does not confirm the order within the 10-calendar days after the appeal is filed, or issues a decision revoking the order within that time; or (c) You appeal the order without requesting an informal hearing, and FDA does not confirm the order within the 10-calendar days after the appeal is filed, or issues a decision revoking the order within that time. | ||||
| 21:21:2.0.1.1.16.5.1.11 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.284 Final agency action. | FDA | Confirmation of a withdrawal order by the presiding officer is considered a final agency action for purposes of 5 U.S.C. 702. | ||||
| 21:21:2.0.1.1.16.5.1.12 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.287 Reinstatement of a qualified facility exemption that was withdrawn. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 85 FR 16553, Mar. 24, 2020] | (a) If the FDA Division Director in whose division your facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition) determines that a facility has adequately resolved any problems with the conditions and conduct that are material to the safety of the food manufactured, processed, packed, or held at the facility and that continued withdrawal of the exemption is not necessary to protect public health and prevent or mitigate a foodborne illness outbreak, the FDA Division Director in whose division your facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition) will, on his or her own initiative or on the request of a facility, reinstate the exemption. (b) You may ask FDA to reinstate an exemption that has been withdrawn under the procedures of this subpart as follows: (1) Submit a request, in writing, to the FDA Division Director in whose division your facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition); and (2) Present data and information to demonstrate that you have adequately resolved any problems with the conditions and conduct that are material to the safety of the food manufactured, processed, packed, or held at your facility, such that continued withdrawal of the exemption is not necessary to protect public health and prevent or mitigate a foodborne illness outbreak. (c) If your exemption was withdrawn under § 117.251(a)(1) and FDA later determines, after finishing the active investigation of a foodborne illness outbreak, that the outbreak is not directly linked to your facility, FDA will reinstate your exemption under § 117.5(a), and FDA will notify you in writing that your exempt status has been reinstated. (d) If your exemption was withdrawn under both § 117.251(a)(1) and (2) and FDA later determines, after finishi… | |||
| 21:21:2.0.1.1.16.5.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.254 Issuance of an order to withdraw a qualified facility exemption. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 85 FR 16553, Mar. 24, 2020] | (a) An FDA Division Director in whose division the qualified facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition), or an FDA official senior to either such Director, must approve an order to withdraw the exemption before the order is issued. (b) Any officer or qualified employee of FDA may issue an order to withdraw the exemption after it has been approved in accordance with paragraph (a) of this section. (c) FDA must issue an order to withdraw the exemption to the owner, operator, or agent in charge of the facility. (d) FDA must issue an order to withdraw the exemption in writing, signed and dated by the officer or qualified employee of FDA who is issuing the order. | |||
| 21:21:2.0.1.1.16.5.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.257 Contents of an order to withdraw a qualified facility exemption. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016; 85 FR 16553, Mar. 24, 2020] | An order to withdraw a qualified facility exemption under § 117.5(a) must include the following information: (a) The date of the order; (b) The name, address, and location of the qualified facility; (c) A brief, general statement of the reasons for the order, including information relevant to one or both of the following circumstances that leads FDA to issue the order: (1) An active investigation of a foodborne illness outbreak that is directly linked to the facility; or (2) Conditions or conduct associated with a qualified facility that are material to the safety of the food manufactured, processed, packed, or held at such facility. (d) A statement that the facility must either: (1) Comply with subparts C and G of this part on the date that is 120 calendar days after the date of receipt of the order, or within a reasonable timeframe, agreed to by FDA, based on a written justification, submitted to FDA, for a timeframe that exceeds 120 calendar days from the date of receipt of the order; or (2) Appeal the order within 15 calendar days of the date of receipt of the order in accordance with the requirements of § 117.264. (e) A statement that a facility may request that FDA reinstate an exemption that was withdrawn by following the procedures in § 117.287; (f) The text of section 418(l) of the Federal Food, Drug, and Cosmetic Act and of this subpart; (g) A statement that any informal hearing on an appeal of the order must be conducted as a regulatory hearing under part 16 of this chapter, with certain exceptions described in § 117.270; (h) The mailing address, telephone number, email address, fax number, and name of the FDA Division Director in whose division the facility is located (or, in the case of a foreign facility, the same information for the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition); and (i) The name and the title of the FDA representative who approved the order. | |||
| 21:21:2.0.1.1.16.5.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.260 Compliance with, or appeal of, an order to withdraw a qualified facility exemption. | FDA | (a) If you receive an order under § 117.254 to withdraw a qualified facility exemption, you must either: (1) Comply with applicable requirements of this part within 120 calendar days of the date of receipt of the order, or within a reasonable timeframe, agreed to by FDA, based on a written justification, submitted to FDA, for a timeframe that exceeds 120 calendar days from the date of receipt of the order; or (2) Appeal the order within 15 calendar days of the date of receipt of the order in accordance with the requirements of § 117.264. (b) Submission of an appeal, including submission of a request for an informal hearing, will not operate to delay or stay any administrative action, including enforcement action by FDA, unless the Commissioner of Food and Drugs, as a matter of discretion, determines that delay or a stay is in the public interest. (c) If you appeal the order, and FDA confirms the order: (1) You must comply with applicable requirements of this part within 120 calendar days of the date of receipt of the order, or within a reasonable timeframe, agreed to by FDA, based on a written justification, submitted to FDA, for a timeframe that exceeds 120 calendar days from the date of receipt of the order; and (2) You are no longer subject to the modified requirements in § 117.201. | ||||
| 21:21:2.0.1.1.16.5.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.264 Procedure for submitting an appeal. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016; 85 FR 16553, Mar. 24, 2020] | (a) To appeal an order to withdraw a qualified facility exemption, you must: (1) Submit the appeal in writing to the FDA Division Director in whose division the facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition), at the mailing address, email address, or fax number identified in the order within 15 calendar days of the date of receipt of confirmation of the order; and (2) Respond with particularity to the facts and issues contained in the order, including any supporting documentation upon which you rely. (b) In a written appeal of the order withdrawing an exemption provided under § 117.5(a), you may include a written request for an informal hearing as provided in § 117.267. | |||
| 21:21:2.0.1.1.16.5.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.267 Procedure for requesting an informal hearing. | FDA | (a) If you appeal the order, you: (1) May request an informal hearing; and (2) Must submit any request for an informal hearing together with your written appeal submitted in accordance with § 117.264 within 15 calendar days of the date of receipt of the order. (b) A request for an informal hearing may be denied, in whole or in part, if the presiding officer determines that no genuine and substantial issue of material fact has been raised by the material submitted. If the presiding officer determines that a hearing is not justified, written notice of the determination will be given to you explaining the reason for the denial. | ||||
| 21:21:2.0.1.1.16.5.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.270 Requirements applicable to an informal hearing. | FDA | [80 FR 56145, Sept. 17, 2015, as amended at 85 FR 16553, Mar. 24, 2020] | If you request an informal hearing, and FDA grants the request: (a) The hearing will be held within 15 calendar days after the date the appeal is filed or, if applicable, within a timeframe agreed upon in writing by you and FDA. (b) The presiding officer may require that a hearing conducted under this subpart be completed within 1-calendar day, as appropriate. (c) FDA must conduct the hearing in accordance with part 16 of this chapter, except that: (1) The order withdrawing an exemption under §§ 117.254 and 117.257, rather than the notice under § 16.22(a) of this chapter, provides notice of opportunity for a hearing under this section and is part of the administrative record of the regulatory hearing under § 16.80(a) of this chapter. (2) A request for a hearing under this subpart must be addressed to the FDA Division Director (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition) as provided in the order withdrawing an exemption. (3) Section 117.274, rather than § 16.42(a) of this chapter, describes the FDA employees who preside at hearings under this subpart. (4) Section 16.60(e) and (f) of this chapter does not apply to a hearing under this subpart. The presiding officer must prepare a written report of the hearing. All written material presented at the hearing will be attached to the report. The presiding officer must include as part of the report of the hearing a finding on the credibility of witnesses (other than expert witnesses) whenever credibility is a material issue, and must include a proposed decision, with a statement of reasons. The hearing participant may review and comment on the presiding officer's report within 2-calendar days of issuance of the report. The presiding officer will then issue the final decision. (5) Section 16.80(a)(4) of this chapter does not apply to a regulatory hearing under this subpart. The presiding officer's report of the hearing and any comments on the report by the hearing participant … | |||
| 21:21:2.0.1.1.16.5.1.8 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.274 Presiding officer for an appeal and for an informal hearing. | FDA | [85 FR 16553, Mar. 24, 2020] | The presiding officer for an appeal, and for an informal hearing, must be an Office of Regulatory Affairs Program Director or another FDA official senior to an FDA Division Director. | |||
| 21:21:2.0.1.1.16.5.1.9 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | E | Subpart E—Withdrawal of a Qualified Facility Exemption | § 117.277 Timeframe for issuing a decision on an appeal. | FDA | (a) If you appeal the order without requesting a hearing, the presiding officer must issue a written report that includes a final decision confirming or revoking the withdrawal by the 10th calendar day after the appeal is filed. (b) If you appeal the order and request an informal hearing: (1) If FDA grants the request for a hearing and the hearing is held, the presiding officer must provide a 2-calendar day opportunity for the hearing participants to review and submit comments on the report of the hearing under § 117.270(c)(4), and must issue a final decision within 10-calendar days after the hearing is held; or (2) If FDA denies the request for a hearing, the presiding officer must issue a final decision on the appeal confirming or revoking the withdrawal within 10 calendar days after the date the appeal is filed. | ||||
| 21:21:2.0.1.1.16.6.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.301 Records subject to the requirements of this subpart. | FDA | (a) Except as provided by paragraphs (b) and (c) of this section, all records required by this part are subject to all requirements of this subpart. (b) The requirements of § 117.310 apply only to the written food safety plan. (c) The requirements of § 117.305(b), (d), (e), and (f) do not apply to the records required by § 117.201. | ||||
| 21:21:2.0.1.1.16.6.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.305 General requirements applying to records. | FDA | Records must: (a) Be kept as original records, true copies (such as photocopies, pictures, scanned copies, microfilm, microfiche, or other accurate reproductions of the original records), or electronic records; (b) Contain the actual values and observations obtained during monitoring and, as appropriate, during verification activities; (c) Be accurate, indelible, and legible; (d) Be created concurrently with performance of the activity documented; (e) Be as detailed as necessary to provide history of work performed; and (f) Include: (1) Information adequate to identify the plant or facility ( e.g., the name, and when necessary, the location of the plant or facility); (2) The date and, when appropriate, the time of the activity documented; (3) The signature or initials of the person performing the activity; and (4) Where appropriate, the identity of the product and the lot code, if any. (g) Records that are established or maintained to satisfy the requirements of this part and that meet the definition of electronic records in § 11.3(b)(6) of this chapter are exempt from the requirements of part 11 of this chapter. Records that satisfy the requirements of this part, but that also are required under other applicable statutory provisions or regulations, remain subject to part 11 of this chapter. | ||||
| 21:21:2.0.1.1.16.6.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.310 Additional requirements applying to the food safety plan. | FDA | The owner, operator, or agent in charge of the facility must sign and date the food safety plan: (a) Upon initial completion; and (b) Upon any modification. | ||||
| 21:21:2.0.1.1.16.6.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.315 Requirements for record retention. | FDA | (a)(1) All records required by this part must be retained at the plant or facility for at least 2 years after the date they were prepared. (2) Records that a facility relies on during the 3-year period preceding the applicable calendar year to support its status as a qualified facility must be retained at the facility as long as necessary to support the status of a facility as a qualified facility during the applicable calendar year. (b) Records that relate to the general adequacy of the equipment or processes being used by a facility, including the results of scientific studies and evaluations, must be retained by the facility for at least 2 years after their use is discontinued ( e.g., because the facility has updated the written food safety plan (§ 117.126) or records that document validation of the written food safety plan (§ 117.155(b))); (c) Except for the food safety plan, offsite storage of records is permitted if such records can be retrieved and provided onsite within 24 hours of request for official review. The food safety plan must remain onsite. Electronic records are considered to be onsite if they are accessible from an onsite location. (d) If the plant or facility is closed for a prolonged period, the food safety plan may be transferred to some other reasonably accessible location but must be returned to the plant or facility within 24 hours for official review upon request. | ||||
| 21:21:2.0.1.1.16.6.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.320 Requirements for official review. | FDA | All records required by this part must be made promptly available to a duly authorized representative of the Secretary of Health and Human Services for official review and copying upon oral or written request. | ||||
| 21:21:2.0.1.1.16.6.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.325 Public disclosure. | FDA | Records obtained by FDA in accordance with this part are subject to the disclosure requirements under part 20 of this chapter. | ||||
| 21:21:2.0.1.1.16.6.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.330 Use of existing records. | FDA | (a) Existing records ( e.g., records that are kept to comply with other Federal, State, or local regulations, or for any other reason) do not need to be duplicated if they contain all of the required information and satisfy the requirements of this subpart. Existing records may be supplemented as necessary to include all of the required information and satisfy the requirements of this subpart. (b) The information required by this part does not need to be kept in one set of records. If existing records contain some of the required information, any new information required by this part may be kept either separately or combined with the existing records. | ||||
| 21:21:2.0.1.1.16.6.1.8 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | F | Subpart F—Requirements Applying to Records That Must Be Established and Maintained | § 117.335 Special requirements applicable to a written assurance. | FDA | (a) Any written assurance required by this part must contain the following elements: (1) Effective date; (2) Printed names and signatures of authorized officials; (3) The applicable assurance under: (i) Section 117.136(a)(2); (ii) Section 117.136(a)(3); (iii) Section 117.136(a)(4); (iv) Section 117.430(c)(2); (v) Section 117.430(d)(2); or (vi) Section 117.430(e)(2); (b) A written assurance required under § 117.136(a)(2), (3), or (4) must include: (1) Acknowledgement that the facility that provides the written assurance assumes legal responsibility to act consistently with the assurance and document its actions taken to satisfy the written assurance; and (2) Provision that if the assurance is terminated in writing by either entity, responsibility for compliance with the applicable provisions of this part reverts to the manufacturer/processor as of the date of termination. | ||||
| 21:21:2.0.1.1.16.7.1.1 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.405 Requirement to establish and implement a supply-chain program. | FDA | [80 FR 56145, Sept. 17, 2015; 81 FR 3956, Jan. 25, 2016] | (a)(1) Except as provided by paragraphs (a)(2) and (3) of this section, the receiving facility must establish and implement a risk-based supply-chain program for those raw materials and other ingredients for which the receiving facility has identified a hazard requiring a supply-chain-applied control. (2) A receiving facility that is an importer, is in compliance with the foreign supplier verification program requirements under part 1, subpart L of this chapter, and has documentation of verification activities conducted under § 1.506(e) of this chapter (which provides assurance that the hazards requiring a supply-chain-applied control for the raw material or other ingredient have been significantly minimized or prevented) need not conduct supplier verification activities for that raw material or other ingredient. (3) The requirements in this subpart do not apply to food that is supplied for research or evaluation use, provided that such food: (i) Is not intended for retail sale and is not sold or distributed to the public; (ii) Is labeled with the statement “Food for research or evaluation use”; (iii) Is supplied in a small quantity that is consistent with a research, analysis, or quality assurance purpose, the food is used only for this purpose, and any unused quantity is properly disposed of; and (iv) Is accompanied with documents, in accordance with the practice of the trade, stating that the food will be used for research or evaluation purposes and cannot be sold or distributed to the public. (b) The supply-chain program must be written. (c) When a supply-chain-applied control is applied by an entity other than the receiving facility's supplier ( e.g., when a non-supplier applies controls to certain produce ( i.e., produce covered by part 112 of this chapter), because growing, harvesting, and packing activities are under different management), the receiving facility must: (1) Verify the supply-chain-applied control; or (2) Obtain documentation of an appropriate verification activity from another e… | |||
| 21:21:2.0.1.1.16.7.1.2 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.410 General requirements applicable to a supply-chain program. | FDA | (a) The supply-chain program must include: (1) Using approved suppliers as required by § 117.420; (2) Determining appropriate supplier verification activities (including determining the frequency of conducting the activity) as required by § 117.425; (3) Conducting supplier verification activities as required by §§ 117.430 and 117.435; (4) Documenting supplier verification activities as required by § 117.475; and (5) When applicable, verifying a supply-chain-applied control applied by an entity other than the receiving facility's supplier and documenting that verification as required by § 117.475, or obtaining documentation of an appropriate verification activity from another entity, reviewing and assessing that documentation, and documenting the review and assessment as required by § 117.475. (b) The following are appropriate supplier verification activities for raw materials and other ingredients: (1) Onsite audits; (2) Sampling and testing of the raw material or other ingredient; (3) Review of the supplier's relevant food safety records; and (4) Other appropriate supplier verification activities based on supplier performance and the risk associated with the raw material or other ingredient. (c) The supply-chain program must provide assurance that a hazard requiring a supply-chain-applied control has been significantly minimized or prevented. (d)(1) Except as provided by paragraph (d)(2) of this section, in approving suppliers and determining the appropriate supplier verification activities and the frequency with which they are conducted, the following must be considered: (i) The hazard analysis of the food, including the nature of the hazard controlled before receipt of the raw material or other ingredient, applicable to the raw material and other ingredients; (ii) The entity or entities that will be applying controls for the hazards requiring a supply-chain-applied control; (iii) Supplier performance, including: (A) The supplier's procedures, processes, and practices related to the safety of th… | ||||
| 21:21:2.0.1.1.16.7.1.3 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.415 Responsibilities of the receiving facility. | FDA | (a)(1) The receiving facility must approve suppliers. (2) Except as provided by paragraphs (a)(3) and (4) of this section, the receiving facility must determine and conduct appropriate supplier verification activities, and satisfy all documentation requirements of this subpart. (3) An entity other than the receiving facility may do any of the following, provided that the receiving facility reviews and assesses the entity's applicable documentation, and documents that review and assessment: (i) Establish written procedures for receiving raw materials and other ingredients by the entity; (ii) Document that written procedures for receiving raw materials and other ingredients are being followed by the entity; and (iii) Determine, conduct, or both determine and conduct the appropriate supplier verification activities, with appropriate documentation. (4) The supplier may conduct and document sampling and testing of raw materials and other ingredients, for the hazard controlled by the supplier, as a supplier verification activity for a particular lot of product and provide such documentation to the receiving facility, provided that the receiving facility reviews and assesses that documentation, and documents that review and assessment. (b) For the purposes of this subpart, a receiving facility may not accept any of the following as a supplier verification activity: (1) A determination by its supplier of the appropriate supplier verification activities for that supplier; (2) An audit conducted by its supplier; (3) A review by its supplier of that supplier's own relevant food safety records; or (4) The conduct by its supplier of other appropriate supplier verification activities for that supplier within the meaning of § 117.410(b)(4). (c) The requirements of this section do not prohibit a receiving facility from relying on an audit provided by its supplier when the audit of the supplier was conducted by a third-party qualified auditor in accordance with §§ 117.430(f) and 117.435. | ||||
| 21:21:2.0.1.1.16.7.1.4 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.420 Using approved suppliers. | FDA | (a) Approval of suppliers. The receiving facility must approve suppliers in accordance with the requirements of § 117.410(d), and document that approval, before receiving raw materials and other ingredients received from those suppliers; (b) Written procedures for receiving raw materials and other ingredients. (1) Written procedures for receiving raw materials and other ingredients must be established and followed; (2) The written procedures for receiving raw materials and other ingredients must ensure that raw materials and other ingredients are received only from approved suppliers (or, when necessary and appropriate, on a temporary basis from unapproved suppliers whose raw materials or other ingredients are subjected to adequate verification activities before acceptance for use); and (3) Use of the written procedures for receiving raw materials and other ingredients must be documented. | ||||
| 21:21:2.0.1.1.16.7.1.5 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.425 Determining appropriate supplier verification activities (including determining the frequency of conducting the activity). | FDA | Appropriate supplier verification activities (including the frequency of conducting the activity) must be determined in accordance with the requirements of § 117.410(d). | ||||
| 21:21:2.0.1.1.16.7.1.6 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.430 Conducting supplier verification activities for raw materials and other ingredients. | FDA | (a) Except as provided by paragraph (c), (d), or (e) of this section, one or more of the supplier verification activities specified in § 117.410(b), as determined under § 117.410(d), must be conducted for each supplier before using the raw material or other ingredient from that supplier and periodically thereafter. (b)(1) Except as provided by paragraph (b)(2) of this section, when a hazard in a raw material or other ingredient will be controlled by the supplier and is one for which there is a reasonable probability that exposure to the hazard will result in serious adverse health consequences or death to humans: (i) The appropriate supplier verification activity is an onsite audit of the supplier; and (ii) The audit must be conducted before using the raw material or other ingredient from the supplier and at least annually thereafter. (2) The requirements of paragraph (b)(1) of this section do not apply if there is a written determination that other verification activities and/or less frequent onsite auditing of the supplier provide adequate assurance that the hazards are controlled. (c) If a supplier is a qualified facility as defined by § 117.3, the receiving facility does not need to comply with paragraphs (a) and (b) of this section if the receiving facility: (1) Obtains written assurance that the supplier is a qualified facility as defined by § 117.3: (i) Before first approving the supplier for an applicable calendar year; and (ii) On an annual basis thereafter, by December 31 of each calendar year, for the following calendar year; and (2) Obtains written assurance, at least every 2 years, that the supplier is producing the raw material or other ingredient in compliance with applicable FDA food safety regulations (or, when applicable, relevant laws and regulations of a country whose food safety system FDA has officially recognized as comparable or has determined to be equivalent to that of the United States). The written assurance must include either: (i) A brief description of the preventive contr… | ||||
| 21:21:2.0.1.1.16.7.1.7 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.435 Onsite audit. | FDA | [80 FR 56145, Sept. 17, 2015] | (a) An onsite audit of a supplier must be performed by a qualified auditor. (b) If the raw material or other ingredient at the supplier is subject to one or more FDA food safety regulations, an onsite audit must consider such regulations and include a review of the supplier's written plan ( e.g., Hazard Analysis and Critical Control Point (HACCP) plan or other food safety plan), if any, and its implementation, for the hazard being controlled (or, when applicable, an onsite audit may consider relevant laws and regulations of a country whose food safety system FDA has officially recognized as comparable or has determined to be equivalent to that of the United States). (c)(1) The following may be substituted for an onsite audit, provided that the inspection was conducted within 1 year of the date that the onsite audit would have been required to be conducted: (i) The written results of an appropriate inspection of the supplier for compliance with applicable FDA food safety regulations by FDA, by representatives of other Federal Agencies (such as the United States Department of Agriculture), or by representatives of State, local, tribal, or territorial agencies; or (ii) For a foreign supplier, the written results of an inspection by FDA or the food safety authority of a country whose food safety system FDA has officially recognized as comparable or has determined to be equivalent to that of the United States. (2) For inspections conducted by the food safety authority of a country whose food safety system FDA has officially recognized as comparable or determined to be equivalent, the food that is the subject of the onsite audit must be within the scope of the official recognition or equivalence determination, and the foreign supplier must be in, and under the regulatory oversight of, such country. (d) If the onsite audit is solely conducted to meet the requirements of this subpart by an audit agent of a certification body that is accredited in accordance with regulations in part 1, subpart M of this chapter, th… | |||
| 21:21:2.0.1.1.16.7.1.8 | 21 | Food and Drugs | I | B | 117 | PART 117—CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD | G | Subpart G—Supply-Chain Program | § 117.475 Records documenting the supply-chain program. | FDA | [80 FR 56145, Sept. 17, 2015] | (a) The records documenting the supply-chain program are subject to the requirements of subpart F of this part. (b) The receiving facility must review the records listed in paragraph (c) of this section in accordance with § 117.165(a)(4). (c) The receiving facility must document the following in records as applicable to its supply-chain program: (1) The written supply-chain program; (2) Documentation that a receiving facility that is an importer is in compliance with the foreign supplier verification program requirements under part 1, subpart L of this chapter, including documentation of verification activities conducted under § 1.506(e) of this chapter; (3) Documentation of the approval of a supplier; (4) Written procedures for receiving raw materials and other ingredients; (5) Documentation demonstrating use of the written procedures for receiving raw materials and other ingredients; (6) Documentation of the determination of the appropriate supplier verification activities for raw materials and other ingredients; (7) Documentation of the conduct of an onsite audit. This documentation must include: (i) The name of the supplier subject to the onsite audit; (ii) Documentation of audit procedures; (iii) The dates the audit was conducted; (iv) The conclusions of the audit; (v) Corrective actions taken in response to significant deficiencies identified during the audit; and (vi) Documentation that the audit was conducted by a qualified auditor; (8) Documentation of sampling and testing conducted as a supplier verification activity. This documentation must include: (i) Identification of the raw material or other ingredient tested (including lot number, as appropriate) and the number of samples tested; (ii) Identification of the test(s) conducted, including the analytical method(s) used; (iii) The date(s) on which the test(s) were conducted and the date of the report; (iv) The results of the testing; (v) Corrective actions taken in response to detection of hazards; and (vi) Information identifying… | |||
| 33:33:1.0.1.10.62.1.65.1 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.1 Purpose. | USCG | [USCG-2001-10881, 71 FR 70307, Dec. 4, 2006] | (a) This part prescribes the general and special drawbridge operating regulations that apply to the drawbridges across the navigable waters of the United States and its territories. The authority to regulate drawbridges across the navigable waters of the United States is vested in the Secretary of Homeland Security. (b) Subpart A contains the general operation requirements that apply to all drawbridges. (c) Subpart B contains specific requirements for operation of individual drawbridges. These requirements are in addition to or vary from the general requirements in Subpart A. Specific sections in subpart B that vary from a general requirement in Subpart A supersede the general requirement. All other general requirements in Subpart A, that are not at variance, apply to the drawbridges and removable span bridges listed in Subpart B. | |||
| 33:33:1.0.1.10.62.1.65.10 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.19 Signalling when two or more vessels are approaching a drawbridge. | USCG | When two or more vessels are approaching the same drawbridge at the same time, or nearly the same, time, whether from the same or opposite directions, each vessel shall signal independently for the opening of the draw and the drawtender shall reply in turn to the signal of each vessel. The drawtender need not reply to signals by vessels accumulated at the bridge for passage during a scheduled open period. | ||||
| 33:33:1.0.1.10.62.1.65.11 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.21 Signalling for an opened drawbridge. | USCG | When a vessel approaches a drawbridge with the draw in the open position, the vessel shall give the opening signal. If no acknowledgment is received within 30 seconds, the vessel may proceed, with caution, through the open draw. | ||||
| 33:33:1.0.1.10.62.1.65.12 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.23 Installation of radiotelephones. | USCG | (a) When the District Commander deems it necessary for reasons of safety of navigation, the District Commander may require the installation and operation or a radiotelephone on or near a drawbridge. (b) The District Commander gives written notice of the proposed requirement to the bridge owner. (c) All comments the owner wishes to submit shall be submitted to the District Commander within 30 days of receipt of the notice under paragraph (b) of this section. (d) If, upon consideration of the comments received, the District Commander determines that a radiotelephone is necessary, the District Commander notifies the bridge owner that a radiotelephone shall be installed and gives a reasonable time, not to exceed six months, to install the radiotelephone and commence operation. | ||||
| 33:33:1.0.1.10.62.1.65.13 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.24 Radiotelephone installation identification. | USCG | [CGD 84-022, 51 FR 16308, May 2, 1986] | (a) The Coast Guard authorizes, and the District Commander may require the installation of a sign on drawbridges, on the upstream and downstream sides, indicating that the bridge is equipped with and operates a VHF radiotelephone in accordance with § 117.23. (b) The sign shall give notice of the radiotelephone and its calling and working channels— (1) In plain language; or (2) By a sign consisting of the outline of a telephone handset with the long axis placed horizontally and a vertical three-legged lightning slash superimposed over the handset. The slash shall be as long vertically as the handset is wide horizontally and normally not less than 27 inches and no more than 36 inches long. The preferred calling channel should be shown in the lower left quadrant and the preferred working channel should be shown in the lower right quadrant. It is recommended that the radiotelephone sign be similar in design to the Service Signs established by the Federal Highway Administration (FHWA) in U.S. Road Symbol Signs using Reflective Blue and Reflective White colors. Color and design information is available from the District Commander of the Coast Guard District in which the bridge is located. | |||
| 33:33:1.0.1.10.62.1.65.14 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.31 Drawbridge operations for emergency vehicles and emergency vessels. | USCG | [CGD 91-016, 58 FR 20, Jan. 4, 1993, as amended at 71 FR 70308, Dec. 4, 2006] | (a) Upon receiving notification that an emergency vehicle is responding to an emergency situation, a drawtender must make all reasonable efforts to have the drawspan closed at the time the emergency vehicle arrives. (b) When a drawtender receives notice, or a proper signal as provided in § 117.15 of this part, the drawtender shall take all reasonable measures to have the draw opened, regardless of the operating schedule of the draw, for passage of the following, provided this opening does not conflict with local emergency management procedures which have been approved by the cognizant Coast Guard Captain of the Port: (1) Federal, State, and local government vessels used for public safety; (2) Vessels in distress where a delay would endanger life or property; (3) Commercial vessels engaged in rescue or emergency salvage operations; and (4) Vessels seeking shelter from severe weather. | |||
| 33:33:1.0.1.10.62.1.65.15 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.33 Closure of draw for natural disasters or civil disorders. | USCG | Drawbridges need not open for the passage of vessels during periods of natural disasters or civil disorders declared by the appropriate authorities unless otherwise provided for in Subpart B or directed to do so by the District Commander. | ||||
| 33:33:1.0.1.10.62.1.65.16 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.35 Temporary change to a drawbridge operating schedule. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006, as amended by USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-2014-0410, 79 FR 38433, July 7, 2014] | (a) For any temporary change to the operating schedule of a drawbridge, lasting less than or equal to 180 days, the District Commander may issue a deviation approval letter to the bridge owner and publish a “Notice of temporary deviation from regulations” in the Federal Register. (b) If the time period for a temporary change to the operating schedule of a drawbridge will be greater then 180 days, the District Commander will follow appropriate rulemaking procedures and publish a temporary rule in the Federal Register prior to the start of the action. (c) Request for change. (1) To temporarily change the drawbridge-operating requirements the bridge owner must submit a written request to the District Commander for approval of the change. (2) The request must describe the reason for the deviation and the dates and times scheduled for the start and end of the change. (3) Requests should be submitted as early as possible, preferably 90 days before the start of the action. District Commanders have discretion to accept requests submitted less than 90 days before a needed change if those requests can be processed before the date of the needed change. (d) Determination. The District Commander's determination to allow the schedule change is normally forwarded to the bridge owner within ten working days after receipt of the request. If the request is denied, the reasons for the denial will be set out in the District Commander's decision letter. (e) The drawbridge must return to its regular operating schedule immediately at the end of the designated time period. (f) If the authorized deviation period for an event is broken into separate time periods on the same day or on consecutive days, the drawbridge must provide openings for navigation between authorized schedule changes. (g) The District Commander will also announce the change to the operating schedule in the Local Notice to Mariners and other appropriate local media. | |||
| 33:33:1.0.1.10.62.1.65.17 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.36 Closure of drawbridge for emergency repair. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | (a) When a drawbridge unexpectedly becomes inoperable, or should be immediately rendered inoperable because of mechanical failure or structural defect, the drawbridge owner must notify the District Commander of the closure without delay and give the reason for the emergency closure of the drawbridge and an estimated time when the drawbridge will be returned to operating condition. (b) The District Commander will notify mariners about the drawbridge status through Broadcast Notices to Mariners, Local Notice to Mariners and any other appropriate local media. (c) Repair work under this section must be performed with all due speed in order to return the drawbridge to operation as soon as possible. | |||
| 33:33:1.0.1.10.62.1.65.18 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.39 Authorized closure of drawbridge due to infrequent requests for openings. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | (a) When there have been no requests for drawbridge openings for at least two years, a bridge owner may request in writing that the District Commander authorize the drawbridge to remain closed to navigation and to be untended. (b) The District Commander may: (1) Authorize the closure of the drawbridge; (2) Set out any conditions in addition to the requirement in paragraph (d): and (3) Revoke an authorization and order the drawbridge returned to operation when necessary. (c) All drawbridges authorized to remain closed to navigation, under this section, must be maintained in operable condition. (d) Authorization under this section does not: (1) Authorize physical changes to the drawbridge structure, or (2) Authorize removal of the operating machinery. (e) Drawbridges authorized under this section to remain closed to navigation and to be untended are identified in subpart B of this part. | |||
| 33:33:1.0.1.10.62.1.65.19 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.40 Advance notice for drawbridge opening. | USCG | [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006] | (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an advance notice for opening. The drawbridge tender, after receiving the advance notice, must open the drawbridge at the requested time and allow for a reasonable delay in arrival of the vessel giving the advance notice. (b) If the request is approved, a description of the advanced notice for the drawbridge will be added to subpart B of this part. | |||
| 33:33:1.0.1.10.62.1.65.2 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.4 Definitions. | USCG | [USCG-2001-10881, 71 FR 70307, Dec. 4, 2006] | The following definitions apply to this part: Appurtenance means an attachment or accessory extending beyond the hull or superstructure that is not an integral part of the vessel and is not needed for a vessel's piloting, propelling, controlling, or collision avoidance capabilities. Automated drawbridge means a drawbridge that is operated by an automated mechanism, not a drawtender. An automated drawbridge is normally kept in the open to navigation position and closes when the mechanism is activated. Deviation means a District Commander's action authorizing a drawbridge owner to temporarily not comply with the drawbridge opening requirements in this part. Drawbridge means a bridge with an operational span that is intended to be opened for the passage of waterway traffic. Drawspan means the operational span of a drawbridge. Lowerable means a non-structural vessel appurtenance that is or can be made flexible, hinged, collapsible, or telescopic so that it can be mechanically or manually lowered. Nonstructural means that the item is not rigidly fixed to the vessel and can be relocated or altered. Not essential to navigation means that a nonstructural vessel appurtenance, when in the lowered position, would not adversely affect the vessel's piloting, propulsion, control, or collision-avoidance capabilities. Public vessel means a vessel that is owned and operated by the United States Government and is not engaged in commercial service, as defined in 46 U.S.C. 2101. Remotely operated drawbridge means a drawbridge that is operated by remote control from a location away from the drawbridge. Removable span bridge means a bridge that requires the complete removal of a span by means other than machinery installed on the bridge to open the bridge to navigation. Untended means that there is no drawtender at the drawbridge. | |||
| 33:33:1.0.1.10.62.1.65.20 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.41 Maintaining drawbridges in the fully open position. | USCG | [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006] | (a) Drawbridges permanently maintained in the fully open to navigation position may discontinue drawtender service as long as the drawbridge remains fully open to navigation. The drawbridge must remain in the fully open position until drawtender service is restored. (b) If a drawbridge is normally maintained in the fully open to navigation position, but closes to navigation for the passage of pedestrian, vehicular, rail, or other traffic, the drawbridge must be tended unless: (1) Special operating requirements are established in subpart B of this part for that drawbridge; or (2) The drawbridge is remotely operated or automated. | |||
| 33:33:1.0.1.10.62.1.65.21 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.42 Remotely operated and automated drawbridges. | USCG | [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006] | (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an automated system or from a remote location. (b) If the request is approved, a description of the full operation of the remotely operated or automated drawbridge will be added to subpart B of this part. | |||
| 33:33:1.0.1.10.62.1.65.22 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.47 Clearance gauges. | USCG | [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996] | (a) Clearance gauges are required for drawbridges across navigable waters of the United States discharging into the Atlantic Ocean south of Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the Gulf of America (including coastal waterways contiguous thereto and tributaries to such waterways and the Lower Atchafalaya River, LA), except the Mississippi River and its tributaries and outlets, (b) Except for provisions in this part which specify otherwise for particular drawbridges, clearance gauges shall be designed, installed, and maintained according to the provisions of § 118.160 of this chapter. Clearance gauge requirements, if any, for drawbridges other than those referred to in this section are listed in Subpart B under the appropriate bridge. | |||
| 33:33:1.0.1.10.62.1.65.23 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.49 Process of violations. | USCG | (a) Complaints of alleged violations under this part are submitted to the District Commander of the Coast Guard District in which the drawbridge is located. (b) Penalties for violations under this part are assessed and collected under Subpart 1.07 of Part 1 of this chapter. | ||||
| 33:33:1.0.1.10.62.1.65.3 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.5 When the drawbridge must open. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | Except as otherwise authorized or required by this part, drawbridges must open promptly and fully for the passage of vessels when a request or signal to open is given in accordance with this subpart. | |||
| 33:33:1.0.1.10.62.1.65.4 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.7 General requirements of drawbridge owners. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | Except for drawbridges that have been authorized, before January 3, 2007, to remain closed to navigation or as otherwise specified in subpart B, drawbridge owners must: (a) Provide the necessary drawtender(s) for the safe and prompt opening of the drawbridge. (b) Maintain the working machinery of the drawbridge in good operating condition. (c) Cycle the drawspan(s) periodically to ensure operation of the drawbridge. (d) Ensure that the drawbridge operates in accordance with the requirements of this part. (e) Any drawbridge allowed to remain closed to navigation prior to January 3, 2007, when necessary, must be returned to operable condition within the designated time set forth by the District Commander and will become subject to the requirements of this part. | |||
| 33:33:1.0.1.10.62.1.65.5 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.8 Permanent changes to drawbridge operation. | USCG | [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | (a) Anyone may submit a written request to the District Commander for a permanent change to a drawbridge operating requirement. The request must include documentation supporting or justifying the requested change. (b) If after evaluating the request, the District Commander determines that the requested change is not needed, he or she will respond to the request in writing and provide the reasons for denial of the requested change. (c) If the District Commander decides that a change may be needed, he or she will begin a rulemaking to implement the change. | |||
| 33:33:1.0.1.10.62.1.65.6 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.9 Delaying opening of a draw. | USCG | No person shall unreasonably delay the opening of a draw after the signals required by § 117.15 have been given. Trains are usually controlled by the block method. That is, the track is divided into blocks or segments of a mile or more in length. When a train is in a block with a drawbridge, the draw may not be able to open until the train has passed out of the block and the yardmaster or other manager has “unlocked” the drawbridge controls. The maximum time permitted for delay is defined in Subpart B for each affected bridge. Land and water traffic should pass over or through the draw as soon as possible in order to prevent unnecessary delays in the opening and closure of the draw. | ||||
| 33:33:1.0.1.10.62.1.65.7 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.11 Unnecessary opening of the draw. | USCG | [CGD 91-059, 59 FR 16563, Apr. 7, 1994] | No vessel owner or operator shall— (a) Signal a drawbridge to open if the vertical clearance is sufficient to allow the vessel, after all lowerable nonstructural vessel appurtenances that are not essential to navigation have been lowered, to safely pass under the drawbridge in the closed position; or (b) Signal a drawbridge to open for any purpose other than to pass through the drawbridge opening. | |||
| 33:33:1.0.1.10.62.1.65.8 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.15 Signals. | USCG | [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 50 FR 11366, Mar. 21, 1985; CGD 84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996; USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] | (a) General. (1) The operator of each vessel requesting a drawbridge to open shall signal the drawtender and the drawtender shall acknowledge that signal. The signal shall be repeated until acknowledged in some manner by the drawtender before proceeding. (2) The signals used to request the opening of the draw and to acknowledge that request shall be sound signals, visual signals, or radiotelephone communications described in this subpart. (3) Any of the means of signaling described in this subpart sufficient to alert the party being signaled may be used. (b) Sound signals. (1) Sound signals shall be made by whistle, horn, megaphone, hailer, or other device capable of producing the described signals loud enough to be heard by the drawtender. (2) As used in this section, “prolonged blast” means a blast of four to six seconds duration and “short blast” means a blast of approximately one second duration. (3) The sound signal to request the opening of a draw is one prolonged blast followed by one short blast sounded not more than three seconds after the prolonged blast. For vessels required to be passed through a draw during a scheduled closure period, the sound signal to request the opening of the draw during that period is five short blasts sounded in rapid succession. (4) When the draw can be opened immediately, the sound signal to acknowledge a request to open the draw is one prolonged blast followed by one short blast sounded not more than 30 seconds after the requesting signal. (5) When the draw cannot be opened immediately, or is open and shall be closed promptly, the sound signal to acknowledge a request to open the draw is five short blasts sounded in rapid succession not more than 30 seconds after the vessel's opening signal. The signal shall be repeated until acknowledged in some manner by the requesting vessel. (c) Visual signals. (1) The visual signal to request the opening of a draw is— (i) A white flag raised and lowered vertically; or (ii) A white, amber, or green light raised and lower… | |||
| 33:33:1.0.1.10.62.1.65.9 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | A | Subpart A—General Requirements | § 117.17 Signalling for contiguous drawbridges. | USCG | When a vessel must past two or more drawbridges close together, the opening signal is given for the first bridge. After acknowledgment from the first bridge that it will promptly open, the opening signal is given for the second bridge, and so on until all bridges that the vessel must pass have been given the opening signal and have acknowledged that they will open promptly. | ||||
| 33:33:1.0.1.10.62.2.100.367 | 33 | Navigation and Navigable Waters | I | J | 117 | PART 117—DRAWBRIDGE OPERATION REGULATIONS | B | Subpart B—Specific Requirements | § 117.993 Lake Champlain. | USCG | [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 FR 44208, Nov. 5, 1984; CGD01-98-032, 64 FR 28103, May 25, 1999; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006; USCG-2012-0918, 78 FR 14446, Mar. 6, 2013] | (a) The drawspan for each of the drawbridges listed in this section must open as soon as possible for the passage of public vessels of the United States. (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, between South Hero Island and North Hero Island, shall operate as follows: (1) The draw shall open on signal on the hour and the half hour from May 15th through October 15th from 8 a.m. to 8 p.m. daily. (2) The draw shall open on signal from May 15th through October 15th from 8 p.m. to 8 a.m. if at least four hours notice is given by calling the number posted at the bridge. (3) The draw shall open on signal from October 16th through May 14th if at least four hours notice is given by calling the number posted at the bridge. (c) The draw of the New England Central Railroad Bridge across Missiquoi Bay, mile 105.6, at Swanton, Vermont, shall operate as follows: (1) From June 15 through September 15, the draw shall remain in the full open position at all times and shall only be closed for the passage of rail traffic or the performance of maintenance authorized in accordance with subpart A of this part. (2) From September 16 through June 14, the draw may remain in the closed position and shall be opened on signal for the passage of vessel traffic after at least a twenty four hour notice is given by calling the number posted at the bridge. (3) The draw may be operated either remotely by the New England Central Railroad train dispatcher located at St. Albans, Vermont or manually by a draw tender located at the bridge. (4) A sufficient number of infrared cameras shall be maintained in good working order at all times with a clear unobstructed view of the channel under the bridge, and the up and down stream approaches to the bridge. A signal horn and message boards located both up and down stream, necessary to warn marine traffic that the bridge will be closing, shall also be maintained in good working order at all times. In the event that any of the cameras, navigation lights, horn, or message board … |
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