OAR 603-029-1425: Transportation and Other Transactions Concerning Certain Undenatured Lungs or Lung Lobes From State-Inspected Establishments or in Commerce; Provisions and Restrictions

(1) Lungs or lung lobes, other than those condemned under OAR 603-029-0470(2), that are prepared at any state-inspected establishment, may be sold, transported, offered for sale or transportation, or received for transportation from the establishment, in commerce or otherwise, without denaturing as prescribed in OAR 603-029-0800 or OAR 603-029-0810: Provided: (a) The lungs or lung lobes are sold, transported, or offered for sale or transportation to, or received for transportation by: An animal food processing establishment for use in manufacturing animal food; a zoo, mink farm, or other establishment for use as animal food without further processing; a warehouse in the United States for storage and subsequent movement to such a manufacturer or establishment in the United States, or from one warehouse to another for the account of and subsequent movement to such a manufacturer or establishment, or for export, for nonhuman food purposes. (b) The boxes or other containers used for shipping the undenatured lungs or lung lobes are closed with nylon filament tape, metallic on nonmetallic straps, round wire, or other similar materials that securely effect closure of such containers, and the containers are permanently identified in at least 2-inch (5 cm) high lettering with the statement “(Species) Lungs—Not Intended for Human Food.” In lieu of securely closing the immediate container with any of the above materials, a 1-inch (2.5 cm) wide bright orange band, imprinted around the length and width of the container may be used. (c) The name and place of business of the packer or distributor shall be shown on the immediate container of the product. In addition, the country of origin shall be shown on the immediate container of imported lungs or lung lobes. (2) Lungs or lung lobes, other than those condemned under a State law or rule at least equal to OAR 603-029-0470(2), that are prepared at any state-inspected establishment may be sold, transported, offered for sale, or transportation or received for transportation from that establishment, in commerce, without denaturing as prescribed under 21 USC 641, provided the State law or rules permit such disposition and provided there is compliance with the provisions of section (a) of this rule. (3) All such lungs or lung lobes, if intended for animal food, are subject to the Federal Food, Drug, and Cosmetic Act.