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28 CFR § 549.61 - Definition.

---
identifier: "/us/cfr/t28/s549.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 549.61 - Definition."
title_number: 28
title_name: "Judicial Administration"
section_number: "549.61"
section_name: "Definition."
chapter_name: "BUREAU OF PRISONS, DEPARTMENT OF JUSTICE"
subchapter_number: "C"
subchapter_name: "INSTITUTIONAL MANAGEMENT"
part_number: "549"
part_name: "MEDICAL SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510."
cfr_part: "549"
---

# 549.61 Definition.

As defined in this rule, an inmate is on a *hunger strike:*

(a) When he or she communicates that fact to staff and is observed by staff to be refraining from eating for a period of time, ordinarily in excess of 72 hours; or

(b) When staff observe the inmate to be refraining from eating for a period in excess of 72 hours. When staff consider it prudent to do so, a referral for medical evaluation may be made without waiting 72 hours.