Application for License; Approval

Section 125 Section 125.30  Application for License; Approval a)         An application for license to operate an establishment or act as a broker shall be made in accordance with Section 3 of the Act.  A fee as set forth in Section 3(b) of the Act shall accompany the license application. b)         When there is a change in the ownership of the brokerage business or of the establishment or of any tenant or subsidiary of the licensee, a new application for license shall be submitted by the person desiring to operate the establishment or act as a broker in accordance with subsection (a) of this Section.  If there has been no change in the facilities of the establishment as shown on the drawings and specifications required by subsection (c) of this Section and the licensee so states in writing to the Department, copies of drawings and specifications shall not be required to accompany the new application for license.  When there is a change in the facilities or location of any official establishment or broker, a new application for license shall be submitted by the licensee in accordance with subsections (a) and (c) of this Section. c)         In the case of establishments handling meat and meat products, the Department incorporates by reference 9 CFR 304.2(a)(1) and (2) and 304.3 (1997; 79 FR 26929, effective May 8, 2012), and in the case of establishments handling poultry and poultry products, the Department incorporates by reference 9 CFR 381.22 (2004; 79 FR 26929, effective May 8, 2012).  If the establishment handles both meat and/or poultry or meat and/or poultry products, the establishment shall comply with both of the before-stated provisions.  Except that in any case, the Department requests 3 copies of said drawings and specifications to accompany the application for license.  The specification requirements are as set forth in Sections 125.170 and 125.180. d)         The applicant for license to operate an establishment or act as a broker shall submit the following information to the Department on the application form: 1)         Name and address and telephone number of the applicant. 2)         Type of operation(s) the applicant will be performing (i.e., slaughter, processing, custom slaughter, meat broker, poultry broker, or meat and poultry broker). 3)         The location of the establishment or brokerage business for which the license is requested. 4)         The name and address of any tenant or subsidiary of the applicant that will be preparing meat and/or poultry or meat and/or poultry products at the establishment (if applicable). 5)         Name of the establishment (trade name). 6)         Legal entity of the applicant (e.g., individual, association, corporation) and the legal name of the business. 7)         State where the corporation or association is incorporated and list of officers (if applicable). e)         The applicant for license shall certify on the application for license that he/she shall comply with the Act and the rules of this Part.  The applicant and any tenant or subsidiary of the applicant shall be responsible for compliance with the Act and rules of this Part. f)         The slaughter or preparation of meat and/or poultry products at any official establishment shall be performed only by employees of the licensee or by employees of the tenant or subsidiary whose name was submitted to the Department on the license application. g)         Before issuing a license to operate an establishment an inspection shall be made of the establishment to determine compliance with Sections 125.50, 125.170 and 125.180.  All labels shall be approved in accordance with Sections 125.90 and 125.260 before any meat and/or poultry or meat and/or poultry product is transported in commerce.  The Director shall issue a license to act as a broker or to operate an establishment if the applicant is not in violation of Section 19 of the Act and the establishment is in compliance with the rules of this Part.  If the applicant for license is denied, the procedure as set forth in Section 19(F) of the Act shall be followed. h)         Only one license to operate an official establishment shall be issued by the Department for each facility.  The slaughter of meat and/or poultry or the preparation of meat and/or poultry products by any tenant or subsidiary of the licensee who is listed on the application form shall be construed as part of the official establishment for inspection purposes.