---
kind: "section"
citation: "28 C.F.R. § 549.61"
title: "28"
number: "549.61"
heading: "Definition."
url: "https://uscodex.org/cfr/28/549.61"
---

# §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.

## Notes

### Source

Source: 45 FR 23365, Apr. 4, 1980, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.