9 CFR § 442.5 - Handling of failed product.

---
identifier: "/us/cfr/t9/s442.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "9 CFR § 442.5 - Handling of failed product."
title_number: 9
title_name: "Animals and Animal Products"
section_number: "442.5"
section_name: "Handling of failed product."
chapter_name: "FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE"
subchapter_number: "E"
subchapter_name: "REGULATORY REQUIREMENTS UNDER THE FEDERAL MEAT INSPECTION ACT, THE POULTRY PRODUCTS INSPECTION ACT, AND THE EGG PRODUCTS INSPECTION ACT"
part_number: "442"
part_name: "QUANTITY OF CONTENTS LABELING AND PROCEDURES AND REQUIREMENTS FOR ACCURATE WEIGHTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "21 U.S.C. 451-470, 601-695; 7 CFR 2.18, 2.53."
regulatory_source: "73 FR 52192, Sept. 9, 2008, unless otherwise noted."
cfr_part: "442"
---


# 442.5 Handling of failed product.

Any lot of product that is found to be out of compliance with net weight requirements upon testing in accordance with the methods prescribed in § 442.2 of this subchapter shall be handled as follows:

(a) A lot tested in an official establishment and found not to comply with net weight requirements may be reprocessed and must be reweighed and remarked to satisfy the net weight requirements of this section in accordance with the requirements of this part.

(b) A lot tested outside an official establishment and found not to comply with net weight requirements must be reweighed and remarked with a proper net weight statement, provided that such reweighing and remarking will not deface, cover, or destroy any other marking or labeling required under this subchapter, and the net quantity of contents is shown with the same prominence as the most conspicuous feature of a label.