[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR2.35]
[Page 52-53]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 2 GENERAL ADMINISTRATIVE RULINGS AND DECISIONS--Table of Contents
Subpart B Human and Animal Foods
Sec. 2.35 Use of secondhand containers for the shipment or storage of food
and animal feed.
(a) Investigations by the Food and Drug Administration, the National
Communicable Disease Center of the U.S. Public Health Service, the
Consumer and Marketing Service of the U.S. Department of Agriculture,
and by various State public health agencies have revealed practices
whereby food and animal feed stored or shipped in secondhand containers
have been rendered dangerous to health. Such contamination has been the
result of the original use of these containers for the storage and
shipment of articles containing or bearing disease organisms or
poisonous or deleterious substances.
(b) The Commissioner concludes that such dangerous or potentially
dangerous practices include, but are not limited to, the following:
(1) Some vegetable growers and packers employ used poultry crates
for shipment of fresh vegetables, including cabbage and celery.
Salmonella organisms are commonly present on dressed poultry and in
excreta and fluid exudates from dressed birds. Thus wooden crates in
which dressed poultry has been iced and packed are potential sources of
Salmonella or other enteropathogenic microorganisms that may contaminate
fresh vegetables which are frequently consumed without heat treatment.
(2) Some potato growers and producers of animal feeds use secondhand
bags for shipment of these articles. Such bags may have originally been
used for shipping or storing pesticide-treated seed or other articles
bearing or containing poisonous substances.
[[Page 53]]
Thus these secondhand bags are potential sources of contamination of the
food or animal feed stored or shipped therein.
(c) In a policy statement issued April 11, 1968, the Food and Drug
Administration declared adulterated within the meaning of section 402(a)
of the Federal Food, Drug, and Cosmetic Act shipments of vegetables or
other edible food in used crates or containers that may render the
contents injurious to health. This policy statement is extended so that
the Food and Drug Administration will regard as adulterated within the
meaning of section 402(a) of the act shipments of vegetables, other
edible food, or animal feed in used crates, bags, or other containers
that may render the contents injurious to health.
Subparts C-E [Reserved]
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