The extent of the applicability of the rule under the circumstances does not depend on the type of food, but whether the United States Department of Agriculture has exclusive jurisdiction throughout the entire facility. Per section 1.900(b)(3), the provisions of the rule do not apply to shippers, receivers, loaders, or carriers when they are engaged in transportation operations of food when it is located in food facilities that are regulated exclusively, throughout the entire facility, by USDA under Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.). If the facility is under dual jurisdiction, then FDA would inspect in accordance with its existing MOU with USDA. Please read Comment/Response #12 for further discussion on this topic. It should be noted that once a shipment of any such food has left the facility, the operation is subject to the requirements of the ST rule.
