[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 1999 Edition]
[From the U.S. Government Printing Office]
7
Agriculture
[[Page i]]
PARTS 53 TO 209
Revised as of January 1, 1999
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JANUARY 1, 1999
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1999
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
Subtitle B--Regulations of the Department of Agriculture--
Continued:
Chapter I--Agricultural Marketing Service
(Standards, Inspections, Marketing Practices),
Department of Agriculture (Continued) 5
Finding Aids:
Material Approved for Incorporation by Reference........ 363
Table of CFR Titles and Chapters........................ 365
Alphabetical List of Agencies Appearing in the CFR...... 383
List of CFR Sections Affected........................... 393
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 7 CFR 53.1 refers
to title 7, part 53,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 1999.
[[Page ix]]
THIS TITLE
Title 7--Agriculture is composed of fifteen volumes. The parts in
these volumes are arranged in the following order: parts 1-26, 27-52,
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 1999.
The Food and Nutrition Service current regulations in the volume
containing parts 210-299, include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199. Part 900--General Regulations is carried as a note in the
volume containing parts 1000-1199, as a convenience to the user.
Redesignation tables appear in the Finding Aids section of the
volumes containing parts 210-299 and parts 1600-1899.
For this volume, Melanie L. Marcec was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 53 to 209)
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Part
SUBTITLE B--Regulations of the Department of Agriculture (Continued):
chapter i--Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Continued)................................... 53
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER I--AGRICULTURAL MARKETING SERVICE |1| (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
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\1\ Including matters within the responsibilities of the Federal Grain
Inspection Service.
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SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING
ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT--(CONTINUED)
Part Page
53 Livestock (grading, certification, and
standards).............................. 7
54 Meats, prepared meats, and meat products
(grading, certification, and standards). 13
55 Voluntary inspection of egg products and
grading................................. 32
56 Voluntary grading of shell eggs............. 48
57 Inspection of eggs (Egg Products Inspection
Act).................................... 67
58 Grading and inspection, general
specifications for approved plants and
standards for grades of dairy products.. 86
60 [Reserved]
61 Cottonseed sold or offered for sale for
crushing purposes (inspection, sampling
and certification)...................... 161
70 Voluntary grading of poultry products and
rabbit products......................... 168
75 Regulations for inspection and certification
of quality of agricultural and vegetable
seeds................................... 187
SUBCHAPTER D--EXPORT AND DOMESTIC CONSUMPTION PROGRAMS
80 Fresh Irish potatoes........................ 194
81 [Reserved]
SUBCHAPTER E--COMMODITY LABORATORY TESTING PROGRAMS
90 Introduction................................ 198
91 Services and general information............ 200
92 Tobacco..................................... 214
[[Page 6]]
93 Processed fruits and vegetables............. 216
94 Poultry and egg products.................... 219
95 [Reserved]
96 Cottonseed sold or offered for sale for
crushing purposes (Chemical Analysis and
United States Official Grade
Certification).......................... 223
97 Plant variety and protection................ 231
98 Meals, Ready-to-Eat (MRE's), meats, and meat
products................................ 249
99-109 [Reserved]
110 Recordkeeping on restricted use pesticides
by certified applicators; surveys and
reports................................. 253
111-159 [Reserved]
SUBCHAPTER F--NAVAL STORES
160 Regulations and standards for naval stores.. 264
SUBCHAPTERS G-H [RESERVED]
SUBCHAPTER K--FEDERAL SEED ACT
201 Federal Seed Act regulations................ 283
202 Federal Seed Act rules of practice.......... 356
203-209 [Reserved]
SUBCHAPTER L--REQUIREMENTS RELATING TO PURCHASES [RESERVED]
[[Page 7]]
SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING
ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT--(Continued)
PART 53--LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS)--Table of Contents
Subpart A--Regulations
Definitions
Sec.
53.1 Meaning of words.
53.2 Designation of official certificates, memoranda, marks, other
identifications, for purposes of the Agricultural Marketing
Act.
Administration
53.3 Authority.
Service
53.4 Kind of service.
53.5 Availability of service.
53.8 How to obtain service.
53.9 Order of furnishing service.
53.10 When request for service deemed made.
53.11 Withdrawal of application or request for service.
53.12 Authority of agent.
53.13 Denial or withdrawal of service.
53.14 Financial interest of official grader.
53.15 Accessibility to livestock.
53.16 Official certificates.
53.17 Advance information concerning service rendered.
Charges for Service
53.18 Fees and other charges for service.
53.19 Payment of fees and other charges.
Miscellaneous
53.20 Identification.
53.21 Errors in service.
Subpart B [Reserved]
Authority: 7 U.S.C. 1621-1627.
Source: 42 FR 53902, Oct. 4, 1977, unless otherwise noted.
Subpart A--Regulations
Definitions
Sec. 53.1 Meaning of words.
Words used in this subpart in the singular form shall be deemed to
import the plural, and vice versa, as the case may demand. For the
purposes of such regulations, unless the context otherwise requires, the
following terms shall be construed, respectively, to mean:
Acceptance service. The service established and conducted under the
regulations for the determination and certification or other
identification of the compliance of livestock with specifications.
Act. The Agricultural Marketing Act of 1946 (Title II of the act of
Congress approved August 14, 1946, 60 Stat. 1087, as amended by Pub. L.
272, 84th Cong., 69 Stat. 553, 7 U.S.C. 1621-1627).
Administrator. The Administrator of the Agricultural Marketing
Service, or any officer or employee of the Agricultural Marketing
Service to whom authority has heretofore been delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Agricultural Marketing Service. The Agricultural Marketing Service
of the Department.
Applicant. Any person who has applied for service under the
regulations.
Branch. The Livestock Market News Branch of the Division.
Chief. The Chief of the Branch, or any officer or employee of the
Branch to whom authority has heretofore been delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Class. A subdivision of livestock based on essential physical
characteristics that differentiate between major groups of the same kind
of species.
Compliance. Conformity of livestock to the specifications under
which the livestock was purchased or sold, with particular reference to
the weight, quality or other characterics of livestock.
Cooperative agreement. A cooperative agreement between the
Agricultural Marketing Service and another Federal agency or a State
agency, or other agency, organization or person as specified in the
Agricultural Marketing Act of 1946, as amended, for conducting the
service.
[[Page 8]]
Department. The United States Department of Agriculture.
Director. The Director of the Division or any officer or employee of
the Division to whom authority has heretofore been delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Division. Livestock, Poultry, Grain and Seed Division.
Financially interested person. Any person having a financial
interest in the livestock involved, including but not limited to the
shipper, receiver, producer, seller, buyer, or carrier of the livestock
or products.
Grade. (1) As a noun, this term means an important commercial
subdivision of livestock based on certain definite and preference
determining factors, such as, but not limited to, conformation, finish,
and muscling in livestock.
(2) As a verb, this term means to determine the class, grade, or
other quality of livestock according to applicable standards for such
livestock.
Grading service. The service established and conducted under the
regulations for the determination and certification or other
identification of the class, grade, or other quality of livestock under
standards.
Legal holiday. Those days designated as legal public holidays in
title 5, United States Code, section 6103(a).
Livestock. Cattle, sheep, swine, or goats.
Official grader. An employee of the Department or other person
authorized by the Department to determine and certify or otherwise
identify the class, grade, other quality, or compliance of livestock
under the regulations.
Person. Any individual, partnership, corporation, or other legal
entity, or Government agency.
Regulations. The regulations in this subpart.
Service. Grading service or acceptance service.
Specifications. Description with respect to the class, grade, other
quality, quantity or condition of livestock approved by the
Administrator, and available for use by the industry regardless of the
origin of the descriptions.
Standards. The standards of the Department contained in Official
United States Standards for Grades of: Carcass Beef; Veal and Calf
Carcasses; Lamb, Yearling Mutton, and Mutton Carcasses; and, Pork
Carcasses.
Supervisor. An official person designated by the Director or Chief
to supervise and maintain uniformity and accuracy of service under the
regulations.
[42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998]
Sec. 53.2 Designation of official certificates, memoranda, marks, other identifications, for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or other identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said act, and
certain misrepresentations concerning the inspection or grading of
agricultural products under said section. For the purposes of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed, including that prescribed in Sec. 53.16, used under
the regulations to certify with respect to the inspection, class, grade,
quality, size, quantity, or condition of livestock with applicable
specifications.
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading, determining compliance,
or inspecting, pursuant to the regulations, any processing or plant-
operation report made by an authorized person in connection with
grading, determining compliance, inspecting, or sampling under the
regulations, and any report made by an authorized person of services
performed pursuant to the regulations.
(c) Official mark or other official identification means any form of
mark or other identification, used under the regulations in marking
livestock thereof, to show inspection, class,
[[Page 9]]
grade, quality, size, quantity, or condition of the livestock (including
the compliance of livestock with applicable specifications), or to
maintain the identity of livestock for which service is provided under
the regulations.
Administration
Sec. 53.3 Authority.
The Director is charged with the administration of the regulations
and the Act insofar as they relate to livestock.
Service
Sec. 53.4 Kind of service.
Grading service under the regulations shall consist of the
determination and certification and other identification, upon request
by the applicant, of the class, grade, or other quality of livestock
under applicable standards. Class, grade and other quality may be
determined under said standards for livestock. Acceptance service under
the regulations shall consist of the determination of the conformity of
livestock to specifications approved by the Director or Chief and the
certification and other identification of such livestock in accordance
with specifications, upon request by the applicant.
[42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998]
Sec. 53.5 Availability of service.
Service under these regulations may be made available with respect
to livestock shipped or received in interstate commerce, and with
respect to the livestock not so shipped or received if the Director or
Chief determines that the furnishing of service for such livestock would
facilitate the marketing, distribution, processing, or utilization of
agricultural products through commercial channels. Also, such service
may be made available under a cooperative agreement. Service under these
regulations shall be provided without discrimination as to race, color,
sex, creed, or national origin.
Sec. 53.8 How to obtain service.
(a) Application. Any person may apply to the Director or Chief for
service under the regulations with respect to livestock in which the
applicant is financially interested. The application shall be made on a
form approved by the Director.
(b) Notice of eligibility for service. The applicant for service
will be notified whether his application is approved.
(c) Request by applicant for service-- (1) Noncommitment. Upon
notification of the approval on an application for service, the
applicant may, from time to time as desired, make oral or written
requests for service under the regulations with respect to specific
livestock for which the service is to be furnished under such
application. Such requests shall be made at a market news office either
directly or through any employee of the Agricultural Marketing Service
who may be designated for such purposes.
Sec. 53.9 Order of furnishing service.
Service under the regulations shall be furnished to applicants in
the order in which requests therefor are received, insofar as consistent
with good management, efficiency and economy. Precedence will be given,
when necessary, to requests made by any government agency or any regular
user of the service.
Sec. 53.10 When request for service deemed made.
A request for service under the regulations shall be deemed to be
made when received by a market news office. Records showing the date and
time of the request shall be made and kept in such office.
Sec. 53.11 Withdrawal of application or request for service.
An application or a request for service under the regulations may be
withdrawn by the applicant at any time before the application is
approved or prior to performance of service, upon payment, in accordance
with Secs. 53.18 and 53.19, of any expenses already incurred by the
Agricultural Marketing Service in connection therewith.
Sec. 53.12 Authority of agent.
Proof of the authority of any person making an application or a
request for service under the regulations on behalf of any other person
may be required at the discretion of the Director or Chief
[[Page 10]]
or the official in charge of the market news office or other employee
receiving the application or request under Sec. 53.8.
Sec. 53.13 Denial or withdrawal of service.
(a) For misconduct--(1) Bases for denial or withdrawal. An
application or a request for service may be rejected, or the benefits of
the service may be otherwise denied to, or withdrawn from, any person
who, or whose employee or agent in the scope of his employment or
agency: (i) Has willfully made any misrepresentation or has committed
any other fraudulent or deceptive practice in connection with any
application or request for service under the regulations; (ii) has given
or attempted to give, as a loan or for any other purpose, any money,
favor, or other thing of value, to any employee of the Department
authorized to perform any function under the regulations; (iii) has
interfered with or obstructed, or attempted to interfere with or to
obstruct, any employee of the Department in the performance of his
duties under the regulations by intimidation, threats, assaults, abuse,
or any other improper means; (iv) has knowingly falsely made, issued,
altered, forged, or counterfeited any official certificate, memorandum,
mark, or other identification; (v) has knowingly uttered, published, or
used as true any such falsely made, issued, altered, forged, or
counterfeited certificate, memorandum, mark, identification, or device;
(vi) has knowingly obtained or retained possession of any such falsely
made, issued, altered, forged, or counterfeited certificate, memorandum,
mark, identification, or device, or of any livestock bearing any such
falsely made, issued, altered, forged, or counterfeited mark or
identification; or (vii) has in any manner not specified in this
paragraph violated subsection 203(h) of the Act: Provided, That
paragraph (a)(1)(vi) of this section shall not be deemed to be violated
if the person in possession of any item mentioned therein notifies the
Director or Chief without delay that he has possession of such item and,
surrenders it to the Director or Chief or destroys it or brings it into
compliance with the regulations by obliterating or removing the
violative features under supervision of the Director or Chief: And
provided, further, That paragraph (a)(1)(ii) through (vi) of this
section shall not be deemed to be violated by any act committed by any
person prior to the making of an application for service under the
regulations by the principal person. An application or a request for
service may be rejected, or the benefits of the service may be otherwise
denied to, or withdrawn from, any person who, or whose employee or agent
in the scope of his employment or agency, has committed any of the
offenses specified in paragraph (a)(1) (i) through (vii) of this section
after such application was made. Moreover, an application or a request
for service made in the name of a person otherwise eligible for service
under the regulations may be rejected, or the benefits of the service
may be otherwise denied to, or withdrawn from, such a person (a) in case
the service is or would be performed at an establishment operated (1) by
a corporation, partnership, or other person from whom the benefits of
the service are currently being withheld under this paragraph, or (2) by
a corporation, partnership, or other person having an officer, director,
partner, or substantial investor from whom the benefits of the service
are currently being withheld and who has any authority with respect to
the establishment where service is or would be performed, or (b) in case
the service is or would be performed with respect to any livestock in
which any corporation, partnership, or other person within paragraph
(a)(1)(vii)(a)(1) of this section has a contract or other financial
interest.
(2) Procedure. All cases arising under this paragraph shall be
conducted in accordance with the Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by the Secretary Under Various
Statutes set forth in Secs. 1.130 through 1.151 of this title and the
Supplemental Rules of Practice in part 50 of this chapter.
(b) For miscellaneous reasons. An application or a request for
service may be rejected, or the benefits of the service may be otherwise
denied to, or withdrawn from, any person, without a hearing, by the
official in charge of the appropriate market news office with
[[Page 11]]
the concurrence of the Director or Chief: (1) For administrative reasons
such as the nonavailability of personnel to perform the service; (2) for
the failure to pay for service; (3) for other noncompliance with the
conditions on which service is available as provided in the regulations,
except matters covered by paragraph (a) of this section; or (4) in case
the person is a partnership, corporation, or other person from whom the
benefits of the service are currently being withheld under paragraph (a)
of this section. Notice of such denial or withdrawal, and the reasons
therefor, shall promptly be given to the person involved.
(c) Filing of records. The final orders in formal proceedings under
paragraph (a) of this section to deny or withdraw the service under the
regulations (except orders required for good cause to be held
confidential and not cited as precedents) and other records in such
proceedings (except those required for good cause to be held
confidential) shall be filed with the Hearing Clerk and shall be
available for inspection by persons having a proper interest therein.
[42 FR 53902, Oct. 4, 1977, as amended at 60 FR 8464, Feb. 14, 1995]
Sec. 53.14 Financial interest of official grader.
No official grader shall grade or determine compliance of any
livestock in which he or any of his relatives by blood or marriage is
directly or indirectly financially interested.
Sec. 53.15 Accessibility to livestock.
(a) The applicant shall cause livestock, with respect to which
service is requested, to be made easily accessible for examination and
to be so placed, with adequate illuminating facilities, as to disclose
their class, grade, other quality, and compliance. Supervisors and other
employees of the Department responsible for maintaining uniformity and
accuracy of service under the regulations shall have access to all parts
of establishments covered by approved applications for service under the
regulations, for the purpose of examining all livestock in the
establishments which have been or are to be graded or examined for
compliance with specifications.
(b) [Reserved]
Sec. 53.16 Official certificates.
(a) Required; exception. The official grader shall prepare, sign,
and issue a livestock acceptance certificate covering livestock for
which compliance has been determined.
(b) Where weight is certified, the word ``Not'' shall be deleted
from the phrases ``Weights Not Verified.''
(c) Distribution. The original certificate, and not to exceed two
copies, shall be delivered or mailed to the applicant or other person
designated by him. The remaining copies shall be forwarded as required
by agency, division, and branch instructions. Additional copies will be
furnished to any person financially interested in livestock involved
with the concurrence of the applicant and upon payment of fees, as
provided in Sec. 53.18(d).
Sec. 53.17 Advance information concerning service rendered.
Upon request of any applicant, all or any part of the contents of
any certificate issued to him under the regulations, or other
notification concerning the determination of class, grade, other
quality, or compliance of livestock for such applicant may be
transmitted by telegraph or telephone to him, or to any person
designated by him, at his expense.
Charges for Service
Sec. 53.18 Fees and other charges for service.
Fees and other charges equal as nearly as may be to the cost of the
services rendered shall be assessed and collected from applicants in
accordance with the following provisions unless otherwise provided in
the cooperative agreement under which the services are furnished, or as
provided in Sec. 53.8.
(a) Fees based on hourly rates. Except as otherwise provided in this
section, fees for service shall be based on the time required to render
the service, calculated to the nearest 15-minute period, including time
required for the preparation of certificates and travel of the official
grader in connection
[[Page 12]]
with the performance of service. A minimum charge for 1 hour shall be
made for service pursuant to each request notwithstanding that the time
required to perform service may be less than 60 minutes. The base hourly
rate shall be $29.40 per hour for work performed between the hours of 6
a.m. and 6 p.m., Monday through Friday, except on legal holidays; $32.80
per hour for work performed before 6 a.m. or after 6 p.m., Monday
through Friday, and anytime Saturday or Sunday except on legal holidays;
and $58.80 per hour for all work performed on legal holidays.
(b) Travel charges. When service is requested at a place so distant
from an official grader's headquarters, or place of prior assignment on
a circuitous routing that a total of one-half hour or more is required
for the grader to travel to such place and back to the headquarters, or
to the next place of assignment on a circuitous routing, the charge for
such service shall include a mileage charge administratively determined
by the Chief, and travel tolls, if applicable, for such travel prorated
against all the applicants furnished the service involved on an
equitable basis, or where the travel is made by public transportation
(including hired vehicle), a fee equal to the actual cost thereof.
However, the applicant will not be charged a new mileage rate without
notification before the service is rendered.
(c) Per diem charges. When service is requested at a place away from
the official grader's headquarters, the fee for such service shall
include a per diem charge if the employee performing the service is paid
per diem in accordance with existing travel regulations. Per diem
charges to applicants will cover the same period of time for which the
grader receives per diem reimbursement. The per diem rate will be
administratively determined by the Chief. However, the applicant will
not be charged a new per diem rate without notification before the
service is rendered.
(d) Fees for extra copies of certificates. In addition to copies of
certificates furnished under Sec. 53.16, any financially interested
person may obtain not to exceed three copies of any such certificate
within 1 year from its date of issuance upon payment of a fee of $1.00,
and not to exceed three copies of any such certificate at any time
thereafter, while a copy of such certificate is on file in the
Department, upon payment of a fee of $5.00.
(e) Other charges. When costs, other than costs specified in
paragraphs (a), (b), (c), and (d) of this section, are involved in
providing the services, the applicant will be charged for these costs.
The amount of these charges will be determined administratively by the
Chief. However, the applicant will not be charged for such cost without
notification before the service is rendered of the charge for such item
of expense.
[42 FR 53902, Oct. 4, 1977, as amended at 47 FR 54927, Dec. 7, 1982; 48
FR 16874, Apr. 20, 1983]
Sec. 53.19 Payment of fees and other charges.
Fees and other charges for service shall be paid in accordance with
the following provisions unless otherwise provided in the cooperative
agreement under which the service is furnished. Upon receipt of billing
for fees and other charges for service the applicant shall remit by
check, draft, or money order, made payable to the Agricultural Marketing
Service, U.S.D.A., payment for the service in accordance with directions
on the billing, and such fees and charges shall be paid in advance if
required by the official grader or other authorized official.
Miscellaneous
Sec. 53.20 Identification.
All official graders and supervisors shall have their Agricultural
Marketing Service identification cards in their possession at all times
while they are performing any function under the regulations and shall
identify themselves by such cards upon request.
Sec. 53.21 Errors in service.
When an official grader, supervisor, or other responsible employee
of the Branch has evidence of misgrading, or of incorrect certification
or other incorrect determination or identification as to the class,
grade, other quality, or compliance of livestock, he shall report the
matter to his immediate supervisor. The supervisor will investigate
[[Page 13]]
the matter and, if he deems advisable, will report it to the owner or
his agent. The supervisor shall take appropriate action to correct
errors found in the determination or identification of class, grade or
other quality or compliance of livestock if the livestock is still owned
by the person who owned them when, and are still located at the
establishment where, the incorrect service was rendered and if such
service was rendered by a grader under the jurisdiction of such
supervisor, and the supervisor shall take adequate measures to prevent
the recurrence of such errors.
Subpart B [Reserved]
PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, CERTIFICATION, AND STANDARDS)--Table of Contents
Subpart A--Regulations
Definitions
Sec.
54.1 Meaning of words.
54.2 Designation of official certificates, memoranda, marks, other
identifications, and devices for purposes of the Agricultural
Marketing Act.
Administration
54.3 Authority.
Service
54.4 Kind of service.
54.5 Availability of service.
54.6 How to obtain service.
54.7 Order of furnishing service.
54.8 When request for service deemed made.
54.9 Withdrawal of application or request for service.
54.10 Authority of agent.
54.11 Denial or withdrawal of service.
54.12 Financial interest of official grader.
54.13 Accessibility and refrigeration of products; access to
establishments.
54.14 Official certificates.
54.15 Advance information concerning service rendered.
54.16 Marking of products.
54.17 Official identifications.
54.18 Custody of identification devices.
Appeal Service
54.19 What is appeal service; marking products on appeal; requirements
for appeal; certain determinations not appealable.
54.20 Request for appeal service.
54.21 When request for appeal service may be withdrawn.
54.22 Denial or withdrawal of appeal service.
54.23 Who shall perform appeal service.
54.24 Appeal certificates.
54.25 Superseded certificates.
54.26 Application of other regulations to appeal service.
Charges for Service
54.27 Fees and other charges for service.
54.28 Payment of fees and other charges.
Miscellaneous
54.29 Identification.
54.30 Errors in service.
54.31 Uniforms.
Subpart B [Reserved]
Authority: 7 U.S.C. 1621-1627.
Source: 42 FR 53921, Oct. 4, 1977, unless otherwise noted.
Redesignated at 46 FR 63203, Dec. 31, 1981.
Subpart A--Regulations
Definitions
Sec. 54.1 Meaning of words.
Words used in this subpart in the singular form shall be deemed to
import the plural, and vice versa, as the case may demand. For the
purposes of such regulations, unless the context otherwise requires, the
following terms shall be construed, respectively, to mean:
Administrator. The Administrator of the Agricultural Marketing
Service, or any officer or employee of the Agricultural Marketing
Service to whom authority has heretofore been delegated or to whom
authority may hereafter be delegated, to act in his stead.
Agricultural Marketing Service. The Agricultural Marketing Service
of the Department.
Animals. Cattle, sheep, swine, or goats.
Applicant. Any person who has applied for service under the
regulations.
Branch. The Meat Grading Branch of the Division.
Carcass. The commercially prepared or dressed body of any animal
intended for human food.
Carcass Data Service. The service established and conducted under
the regulations to provide producers and other interested persons with
data on carcass characteristics.
[[Page 14]]
Certification service. The service established and conducted under
the regulations for the determination and certification or other
identification of the compliance of products with specifications.
Chief. The Chief of the Branch, or any officer or employee of the
Branch to whom authority has heretofore been delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Class. A subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same kind
of species.
Compliance. Conformity of a product to the specifications under
which the product was purchased or sold, with particular reference to
the quality, cleanliness, state of refrigeration, method of processing,
and trim of products.
Contract verification service. A program allowing institutions or
other large purchasers of commodity products to have those products
compared to contractual requirements.
Cooperative agreement. A cooperative agreement between the
Agricultural Marketing Service and another Federal agency or a State
agency, or other agency, organization or person as specified in the
Agricultural Marketing Act of 1946, as amended, for conducting the
service.
Department. The United States Department of Agriculture.
Director. The Director of the Division, or any officer or employee
of the Division to whom authority has heretofore been delegated, or to
whom authority may hereafter be delegated, to act in his stead.
Division. The Meat Quality Division of the Agricultural Marketing
Service.
Fabricating. Cutting into wholesale or retail cuts, dicing or
grinding.
Federal Meat Inspection. The meat inspection system conducted under
the Federal Meat Inspection Act as amended by the Wholesome Meat Act (21
U.S.C. 601 et seq.) and the regulations thereunder (9 CFR chapter III,
subchapter A).
Financially interested person. Any person having a financial
interest in the products involved, including but not limited to the
shipper, receiver, producer, seller, buyer, or carrier of the products.
Grade. (1) As a noun, this term means an important commercial
subdivision of a product based on certain definite and preference
determining factors, such as, but not limited to, conformation, finish,
and quality in meats.
(2) As a verb, this term means to determine the class, grade, or
other quality of a product according to applicable standards for such
product.
Grading Service. The service established and conducted under the
regulations for the determination and certification or other
identification of the class, grade, or other quality of products under
standards.
Immediate container. The carton, can, pot, tin, casing, wrapper, or
other receptacle or covering constituting the basic unit in which
products are directly contained or wrapped when packed in the customary
manner for delivery to the meat trade or to consumers.
Institutional Meat Purchase Specifications. Specifications
describing various meat cuts, meat products, and meat food products
derived from all livestock species, commonly abbreviated ``IMPS'', and
intended for use by any meat procuring activity. For labeling purposes,
only product certified by the Meat Grading and Certification Branch may
contain the letters ``IMPS'' on the product label.
Legal Holiday. Those days designated as legal public holidays in
title 5, United States Code, section 6103(a).
Livestock. Bovine, ovine, porcine.
Meat. The edible part of the muscle of an animal, which is skeletal,
or which is found in the tongue, in the diaphragm, in the heart, or in
the esophagus, and which is intended for human food, with or without the
accompanying and overlying fat and the portions of bone, skin, sinew,
nerve, and blood vessels which normally accompany the muscle tissue and
which are not separated from it in the process of dressing. This term
does not include the muscle found in the lips, snout, or ears.
Meat by-products. All edible parts (other than meat and prepared
meats) intended for human food, derived from one or more animals, and
including but not limited to such organs and parts as
[[Page 15]]
livers, kidneys, sweetbreads, brains, lungs, spleens, stomachs, tripe,
lips, snouts, and ears.
Meat food products. Any articles intended for human food (other than
meat, prepared meats, and meat by-products) which are derived or
prepared in whole or in substantial and definite part, from any portion
of any animal, except such articles as organotherapeutic substances,
meat juice, meat extract, and the like, which are only for medicinal
purposes and are advertised only to the medical profession.
Office of grading. The office of an official grader.
Official grader. An employee of the Department or other person
authorized by the Department to determine and certify or otherwise
identify the class, grade, other quality, or compliance of products
under the regulations.
Person. Any individual, partnership, corporation, or other legal
entity, or Government agency.
Prepared meats. The products intended for human food which are
obtained by subjecting meat to drying, curing, smoking, cooking,
grinding, seasoning, or flavoring, or to any combination of such
procedures, and to which no considerable quantity of any substance other
than meat or meat byproducts has been added.
Processing. Drying, curing, smoking, cooking, seasoning, or
flavoring or any combination of such processes, with or without
fabricating.
Products. Meats, prepared meats, meat by-products, or meat food
products.
Quality. A combination of the inherent properties of a product which
determines its relative degree of excellence.
Quality grade. A designation based on those characteristics of meat
which predict the palatability characteristics of the lean.
Quality Systems Certification Program. A multifaceted program
allowing all aspects of the livestock industry to have quality systems,
or processes within quality systems, verified by AMS agent(s) to
effectuate use of such quality systems to meet contractual requirements,
or as a marketing tool.
Service. Grading service or acceptance service.
Shipping container. The receptacle or covering in which one or more
immediate containers of products are packed for transportation.
Specifications. Descriptions with respect to the class, grade, other
quality, quantity or condition of products, approved by the
Administrator, and available for use by the industry regardless of the
origin of the descriptions.
Standards. The standards of the Department contained in Official
United States Standards for Grades of: Carcass Beef; Veal and Calf
Carcasses; Lamb, Yearling Mutton, and Mutton Carcasses; and, Pork
Carcasses.
Supervisor of grading. An official grader or other person designated
by the Director or Chief to supervise and maintain uniformity and
accuracy of service under the regulations.
The Act. The Agricultural Marketing Act of 1946 (Title II of the act
of Congress approved August 14, 1946, 60 Stat. 1087, as amended by Pub.
L. 272, 84th Cong., 69 Stat. 553, 7 U.S.C. 1621-1627).
The regulations. The regulations in this subpart.
Yield grade. A designation which reflects the estimated yield of
retail cuts that may be obtained from a beef, lamb, yearling mutton, or
mutton carcass.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR 51762, Aug. 5, 1980.
Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 61 FR 11505,
Mar. 21, 1996; 63 FR 72102, Dec. 31, 1998]
Sec. 54.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or other identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said act, and
certain misrepresentations concerning the inspection or grading of
[[Page 16]]
agricultural products under said section. For the purposes of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed, used under the regulations to certify with respect
to the inspection, class, grade, quality, size, quantity, or condition
of products (including the compliance of products with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading, determining compliance,
inspecting, or sampling pursuant to the regulations, any processing or
plant-operation report made by an authorized person in connection with
grading, determining compliance, inspecting, or sampling under the
regulations, and any report made by an authorized person of services
performed pursuant to the regulations.
(c) Official mark or other official identification means any form of
mark or other identification, including those prescribed in Sec. 54.17;
used under the regulations in marking any products, or the immediate or
shipping containers thereof, to show inspection class, grade quality,
size quantity, or condition of the products (including the compliance of
products with applicable specifications), or to maintain the identity of
products for which service is provided under the regulations.
(d) Official device means any roller, stamp, brand or other device
used under the regulations to mark any products or the immediate or
shipping containers, thereof, with any official mark or other official
identification.
Administration
Sec. 54.3 Authority.
The Chief is charged with the administration, under the general
supervision and direction of the Director, of the regulations and the
Act insofar as they relate to products.
Service
Sec. 54.4 Kind of service.
(1) Grading service under the regulations shall consist of the
determination and certification and other identification, upon request
by the applicant, of the class, grade, or other quality of products
under applicable standards. Class, grade, and other quality may be
determined under said standards for meat of cattle, sheep, or swine in
carcass form only, except upon approval by the Director upon his
determination of good cause and provided that the meat can be identified
in conformance with the standards.
(2) Certification service under the regulations shall consist of the
determination of the conformity of products to specifications approved
by the Director or Chief and the certification and other identification
of such livestock or products in accordance with specifications, upon
request by the applicant. Determination as to product compliance with
specifications for ingredient content or method of preparation may be
based upon information received from the inspection system having
jurisdiction over the products involved.
(3) The Carcass Data Service, under the regulations, shall consist
of the evaluation of carcass characteristics, in accordance with
applicable official United States Standards of carcasses of animals
identified with the official eartag as shown in Sec. 54.17, the
recording of such data, and transmittal of the data to, or as directed
by, the applicant for the service.
(4) The Contract Verification Service, under the regulations,
provides wholesale buyers of noncertified commodity products a method of
determining whether procurement(s) met contractually specified
requirements.
(5) The Quality Systems Certification Program, under the
regulations, provides meatpackers, processors, producers, or other
businesses in the livestock and meat trade the ability to have special
processes or documented quality management systems verified.
[63 FR 72102, Dec. 31, 1998]
[[Page 17]]
Sec. 54.5 Availability of service.
Service under these regulations may be made available with respect
to products shipped or received in interstate commerce, and with respect
to the products not so shipped or received if the Director or Chief
determines that the furnishing of service for such products would
facilitate the marketing, distribution, processing, or utilization of
agricultural products through commercial channels. Also, such service
may be made available under a cooperative agreement. Service under these
regulations shall be provided without discrimination as to race, color,
sex, creed, or national origin. Service will be furnished for products
only if they were derived from animals slaughtered in federally
inspected establishments or operated under State meat inspection in a
State other than one designated in 9 CFR 331.2. Service under these
regulations will be furnished for imported meat only if it is marked so
that the name of the country of origin appears on most of the major
retail cuts. The mark of foreign origin shall be imprinted by roller
brand or handstamp and shall be applied so that the imprint is at least
2 inches from the backbone of lamb, 3 inches from the backbone of veal
and calf, and 4 inches from the backbone of beef carcasses. The mark of
foreign origin shall be repeated parallel to the backbone of the carcass
so as to appear on each round, rump, full loin, rib, and chuck of each
bovine and ovine carcass in letters at least one-fourth of an inch high,
with no more than three-fourths of an inch space between impressions.
Imprints of each such brand shall be submitted to the Chief for the
determination of compliance with these regulations prior to use of the
brand on meats offered for Federal grading. It shall be the
responsibility of the applicant to notify the meat grade performing the
service whenever imported meat is offered for grading.
Sec. 54.6 How to obtain service.
(a) Application. Any person may apply to the Director or Chief for
service under the regulations with respect to products in which the
applicant is financially interested. The application shall be made on a
form approved by the Director. In any case in which the service is
intended to be furnished at an establishment not operated by the
applicant, the application shall be approved by the operator of such
establishment and such approval shall constitute an authorization for
any employees of the Department to enter the establishment for the
purpose of performing their functions under the regulations. The
application shall state:
(1) The name and address of the establishment at which service is
desired; (2) the name and post office address of the applicant; (3) the
financial interest of the applicant in the products, except where
application is made by an official of a Government agency in his
official capacity; and (4) the signature of the applicant (or the
signature and title of his representative). The application shall
indicate the legal status of the applicant as an individual,
partnership, corporation, or other form of legal entity. Any change in
such status, at any time while service is being received, shall be
promptly reported to the Director or Chief by the person receiving the
service.
(b) Notice of eligibility for service. The applicant for service at
any establishment will be notified whether his application is approved.
(c) Request by applicant for service--(1) Noncommitment. Upon
notification of the approval on an application for service, the
applicant may, from time to time as desired, make oral or written
requests for service under the regulations with respect to specific
products for which the service is to be furnished under such
application. Such requests shall be made at an office for grading either
directly or through any employee of the Agricultural Marketing Service
who may be designated for such purposes.
(2) Commitment. If desired, the applicant may request to enter into
an agreement with the Agricultural Marketing Service for the furnishing
of service on a weekly commitment basis, whereby the applicant agrees to
pay for 8 hours of service per day, 5 days per week, Monday through
Friday, excluding Federal legal holidays occurring Monday through Friday
on which no grading and certification services are performed, as
provided in Sec. 54.27(b), and
[[Page 18]]
the Agricultural Marketing Service agrees to make an official grader
available to perform such service for the applicant. However, the
Agricultural Marketing Service reserves the right to use any grader
assigned to a plant under such a commitment to perform service for other
applicants when, in the opinion of the Chief, the grader is not needed
to perform service for the commitment applicant. An applicant who
terminates a commitment, and within 1 year after cancellation is granted
a new commitment at his request, shall pay for the moving costs actually
incurred by the Agricultural Marketing Service to cover the transfer of
the grader who will service the applicant's new commitment. If more than
one applicant is involved in the reapplication for a canceled meat
grading and certification commitment requiring the transfer of the
grader, the moving costs will be prorated among the applicants according
to each applicant's committed portion of the grader's services. However,
the moving costs will be charged only to those applicants who were
parties to the previously canceled commitment. An applicant may, for
periods of 3 months or less, enter into an agreement by memorandum with
the Agricultural Marketing Service for the furnishing of service on a
weekly basis. In the latter case, transfer of graders would not be
involved and charges will be made in accordance with Sec. 54.27.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981,
as amended at 47 FR 44704, Oct. 12, 1982]
Sec. 54.7 Order of furnishing service.
Service under the regulations shall be furnished to applicants in
the order in which requests therefor are received, insofar as consistent
with good management, efficiency and economy. Precedence will be given,
when necessary, to requests made by any government agency or any regular
user of the service, and to requests for appeal service under
Sec. 54.20.
Sec. 54.8 When request for service deemed made.
A request for service under the regulations shall be deemed to be
made when received by an office of grading. Records showing the date and
time of the request shall be made and kept in such office. However, in
the case of the Carcass Data Service, the purchase of official USDA
eartags shall constitute a request for such service and the requisition
form used to purchase the eartags shall be kept in the designated office
of record.
Sec. 54.9 Withdrawal of application or request for service.
An application or a request for service under the regulations may be
withdrawn by the applicant at any time before the application is
approved or prior to performance of service, upon payment, in accordance
with Secs. 54.27 and 54.28, of any expenses already incurred by the
Agricultural Marketing Service in connection therewith.
Sec. 54.10 Authority of agent.
Proof of the authority of any person making an application or a
request for service under the regulations on behalf of any other person
may be required at the discretion of the Director or Chief or the
official in charge of the office of grading or other employee receiving
the application or request under Sec. 54.6.
Sec. 54.11 Denial or withdrawal of service.
(a) For misconduct--(1) Bases for denial or withdrawal. An
application or a request for service may be rejected, or the benefits of
the service may be otherwise denied to, or withdrawn from, any person
who, or whose employee or agent in the scope of his employment or
agency:
(i) Has wilfully made any misrepresentation or has committed any
other fraudulent or deceptive practice in connection with any
application or request for service under the regulations;
(ii) Has given or attempted to give, as a loan or for any other
purpose, any money, favor, or other thing of value, to any employee of
the Department authorized to perform any function under the regulations;
(iii) Has interfered with or obstructed, or attempted to interfere
with or to obstruct, any employee of the Department in the performance
of
[[Page 19]]
his duties under the regulations by intimidation, threats, assaults,
abuse, or any other improper means;
(iv) Has knowingly falsely made, issued, altered, forged, or
counterfeited any official certificate, memorandum, mark, or other
identification, or device for making any such mark or identification;
(v) Has knowingly uttered, published, or used as true any such
falsely made, issued, altered, forged, or counterfeited certificate,
memorandum, mark, identification, or device;
(vi) Has knowingly obtained or retained possession of any such
falsely made, issued, altered, forged, or counterfeited certificate,
memorandum, mark, identification, or device, or of any such official
device, or of any product bearing any such falsely made, issued,
altered, forged, or counterfeited mark or identification, or of any
carcass or wholesale or retail cut bearing any designation specified in
paragraph (a)(1)(vii) of this section which has not been federally
graded or derived from a carcass graded as being of the indicated grade;
(vii) Has applied the designation ``Prime,'' ``Choice,'' ``Select,''
``Good,'' ``Standard,'' ``Commercial,'' ``Utility,'' ``Cutter,''
``Canner,'' ``Cull,'' ``Medium,'' ``No. 1,'' ``No. 2,'' ``No. 3,'' ``No.
4,'' ``Yield Grade 1,'' ``Yield Grade 2,'' ``Yield Grade 3,'' ``Yield
Grade 4,'' or ``Yield Grade 5'' by stamp, or brand directly on any
carcass, wholesale cut, or retail cut of any carcass, as part of a grade
designation;
(viii) Has applied to immediate containers or shipping containers of
carcasses, wholesale cuts, or retail cuts, grade designations specified
in paragraph (a)(1)(vii) of this section, when such carcasses, wholesale
cuts, or retail cuts contained therein have not been federally graded;
(ix) Has knowingly used, moved, or otherwise altered, in any manner,
meat or meat products identified by an official product control device,
mark, or other identification as specified in Sec. 54.17, or has removed
such official device, mark, or identification from the meat or meat
products so identified without the express permission of an authorized
representative of the USDA; or
(x) Has in any manner not specified in this paragraph violated
subsection 203(h) of the AMA: Provided, That paragraph (a)(1)(vi) of
this section shall not be deemed to be violated if the person in
possession of any item mentioned therein notifies the Director or Chief
without such delay that he has possession of such item and, in the case
of an official device, surrenders it to the Chief, and, in the case of
any other item, surrenders it to the Director or Chief or destroys it or
brings it into compliance with the regulations by obliterating or
removing the violative features under supervision of the Director or
Chief: And provided further, That paragraphs (a)(1) (ii) through (ix) of
this section shall not be deemed to be violated by any act committed by
any person prior to the making of an application of service under the
regulations by the principal person. An application or a request for
service may be rejected or the benefits of the service may be otherwise
denied to, or withdrawn from, any person who operates an establishment
for which he has made application for service if, with the knowledge of
such operator, any other person conducting any operations in such
establishment has committed any of the offenses specified in paragraphs
(a)(1) (i) through (x) of this section after such application was made.
Moreover, an application or a request for service made in the name of a
person otherwise eligible for service under the regulations may be
rejected, or the benefits of the service may be otherwise denied to, or
withdrawn from, such a person (A) in case the service is or would be
performed at an establishment operated (1) by a corporation,
partnership, or other person from whom the benefits of the service are
currently being withheld under this paragraph, or (2) by a corporation,
partnership, or other person having an officer, director, partner, or
substantial investor from whom the benefits of the service are currently
being withheld and who has any authority with respect to the
establishment where service is or would be performed; or (B) in case the
service is or would be performed with respect to any product in which
any corporation, partnership, or other person within paragraph
(a)(1)(x)(A)(1) of this section
[[Page 20]]
has a contract or other financial interest.
(2) Procedure. All cases arising under this paragraph shall be
conducted in accordance with the Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by the Secretary Under Various
Statutes set forth in Secs. 1.130 through 1.151 of this title and the
Supplemental Rules of Practice in part 50 of this chapter.
(b) For miscellaneous reasons. An application or a request for
service may be rejected, or the benefits of the service may be otherwise
denied to, or withdrawn from, any person, without a hearing by the
official in charge of the appropriate office of grading, with the
concurrence of the Director or Chief (1) for administrative reasons such
as the nonavailability of personnel to perform the service; (2) for the
failure to pay for service; (3) in case the application or request
relates to products which are not eligible for service under Sec. 54.5
or which are unclean or are in an unclean establishment; (4) for other
noncompliance with the conditions on which service is available as
provided in the regulations, except matters covered by paragraph (a) of
this section; or (5) in case the person is a partnership, corporation,
or other person from whom the benefits of the service are currently
being withheld under paragraph (a) of this section. Notice of such
denial or withdrawal, and the reasons therefor, shall promptly be given
to the person involved.
(c) Filing of records. The final orders in formal proceedings under
paragraph (a) of this section to deny or withdraw the service under the
regulations (except orders required for good cause to be held
confidential and not cited as precedents) and other records in such
proceedings (except those required for good cause to be held
confidential) shall be filed with the Hearing Clerk and shall be
available for inspection by persons having a proper interest therein.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981,
as amended at 50 FR 14366, Apr. 12, 1985; 52 FR 35683, Sept. 23, 1987;
60 FR 8464, Feb. 14, 1995]
Sec. 54.12 Financial interest of official grader.
No official grader shall grade or determine compliance of any
products in which he or any of his relatives by blood or marriage is
directly or indirectly financially interested.
Sec. 54.13 Accessibility and refrigeration of products; access to establishments.
(a) The applicant shall cause products, with respect to which
service is requested, to be made easily accessible for examination and
to be so placed, with adequate illuminating facilities, as to disclose
their class, grade, other quality, and compliance. Supervisors of
grading and other employees of the Department responsible for
maintaining uniformity and accuracy of service under the regulations
shall have access to all parts of establishments covered by approved
applications for service under the regulations, for the purpose of
examining all products in the establishments which have been or are to
be graded or examined for compliance with specifications or which bear
any marks of grade or compliance.
(b) Grading service will only be furnished for meat that a USDA
grader determines is chilled so that grade factors are developed to the
extent that a proper grade determination can be made in accordance with
the official standards. To be eligible for grading, beef carcasses must
be ribbed at least 10 minutes prior to being offered for grading. Meat
that is presented in a frozen condition shall not be eligible for a
grade determination. Meat of all eligible species shall be graded only
in the establishment where the animal was slaughtered or initially
chilled (except for veal and calf carcasses, which shall be graded only
after the hide is removed and only in the establishment where such
removal occurs). The Director may grant prior approval for grading at a
location other than the establishment of slaughter or initial chill upon
notification to the Division if the Branch was unable to provide grading
service in a timely manner and that
[[Page 21]]
the meat can be identified in conformance with the standards.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR 51762, Aug. 5, 1980.
Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63 FR 72102,
Dec. 31, 1998]
Sec. 54.14 Official certificates.
(a) Agricultural Products Certificate Form LS-5-3 (Figure 1) is the
official certificate for products under the regulations. The official
grader shall prepare, sign, and issue an Agricultural Products
Certificate Form LS-5-3 covering products for which that grader
determined final specification compliance. Where weight or count is
verified, the grader shall initial in the block titled ``Weights and
Total Count Verified.''
(b) Applicant Charges Certificate Form LS-5-5 (Figure 2) will be
used to reduce paperwork for applicants assigned multiple graders.
Assigned graders will complete one Form LS-5-5. Each grader will enter
their code letters and signature in the appropriate location(s) to
indicate certificate completion.
[[Page 22]]
[GRAPHIC] [TIFF OMITTED] TC25SE91.000
[[Page 23]]
[GRAPHIC] [TIFF OMITTED] TC25SE91.001
(c) Distribution. The original certificate, and not to exceed two
copies, shall be delivered or mailed to the applicant or other person
designated by him. The remaining copies shall be forwarded as required
by agency, division, and branch instructions. Additional copies will be
furnished to any person
[[Page 24]]
financially interested in the products involved with the concurrence of
the applicant and upon payment of fees, as provided in Sec. 54.27.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981,
as amended at 51 FR 590, Jan. 7, 1986; 61 FR 11506, Mar. 21, 1996]
Sec. 54.15 Advance information concerning service rendered.
Upon request of any applicant, all or any part of the contents of
any certificate issued to him under the regulations, or other
notification concerning the determination of class, grade, other
quality, or compliance of products for such applicant may be transmitted
by telegraph or telephone to him, or to any person designated by him, at
his expense.
Sec. 54.16 Marking of products.
All products for which class and grade under the standards are
determined under the regulations, or the immediate and shipping
containers thereof, shall be stamped, branded, or otherwise marked with
an appropriate official identification: Provided, That except as
otherwise directed by the Chief, such marking will not be required when
an applicant only desires official certificates. The marking of
products, or their containers, as required by this section shall be done
by official graders or under their immediate supervision.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981,
as amended at 63 FR 72102, Dec. 31, 1998]
Sec. 54.17 Official identifications.
(a) A shield enclosing the letters ``USDA'' and code identification
letters of the grader performing the service, as shown below,
constitutes a form of official identification under the regulations for
preliminary grade of carcasses.
[GRAPHIC] [TIFF OMITTED] TC25SE91.002
(b) A shield enclosing the letters ``USDA'' as shown in Figure 1
with the appropriate quality grade designation ``Prime,'' ``Choice,''
``Select,'' ``Good,'' ``Standard,'' ``Commercial,'' ``Utility,''
``Cutter,'' ``Canner,'' or ``Cull,'' as provided in the official United
States Standards for Grades of Beef, Veal and Calf, Lamb, Yearling
Mutton, and Mutton Carcasses and accompanied by the class designation
``Bullock,'' ``Veal,'' ``Calf,'' ``Lamb,'' ``Yearling Mutton,'' or
``Mutton,'' constitutes a form of official identification under the
regulations to show the quality grade, and where necessary the class,
undersaid standards, of steer, heifer, and cow beef, veal, calf, lamb,
yearling mutton and mutton. The code identification letters of the
grader performing the service will appear intermittently outside the
shield.
[GRAPHIC] [TIFF OMITTED] TC25SE91.003
(c) A shield enclosing the letters ``USDA'' and the words ``Yield
Grade,'' as in Figure 1, with the appropriate yield grade designation
``1,'' ``2,'' ``3'', ``4,'' or ``5'' as provided in the Official United
States Standards for Grades of Fresh Beef Carcasses and the Official
United States Standards for Grades of Lamb, Yearling Mutton, and Mutton
Carcasses constitutes a form of official identification under the
regulations to
[[Page 25]]
show the yield grade under said standards. When yield graded, bull and
bullock carcasses will be identified with the class designation ``Bull''
and ``Bullock,'' respectively. The code identification letters of the
grader performing the service will appear outside the shield.
[GRAPHIC] [TIFF OMITTED] TR21MR96.007
(d) Under the regulations, for carcass grade identification purposes
only, a shield enclosing the letters ``USDA'' with the appropriate yield
grade designation number of ``1,'' ``2,'' ``3,'' ``4,'' or ``5'' between
the ``US'' and ``DA'', with the appropriate quality grade designation of
``Prime'', ``Choice,'' or ``Select,'' below both as shown in Figure 1.
The code identification letters for the grader performing the service
will appear outside underneath the shield.
[GRAPHIC] [TIFF OMITTED] TR21MR96.008
(e) Under the regulations, for yield grade identification purposes
only, a shield enclosing the letters ``US'' on one side and ``DA'' on
the other, with the appropriate Yield Grade designation number ``1,''
``2,'' ``3,'' ``4,'' or ``5'' as shown in Figure 1. The code
identification letters for the grader performing the service will appear
outside underneath the shield.
[[Page 26]]
[GRAPHIC] [TIFF OMITTED] TR21MR96.009
(f) Under the regulations, for quality grade identification only, a
shield enclosing the letters ``US'' on one side and ``DA'' on the other
with the appropriate Quality Grade designation of ``Prime,'' ``Choice,''
or ``Select'' as shown in Figure 1. The code identification letters for
the grader performing the service will appear outside underneath the
shield.
[GRAPHIC] [TIFF OMITTED] TR21MR96.010
(g) The letters ``USDA'' with the appropriate grade designation
``1,'' ``2,'' ``3,'' ``4,'' ``Utility,'' or ``Cull'' enclosed in a
shield as shown in Figure 1, as provided in the Official United States
Standards for Grades of Pork Carcasses, constitutes a form of official
identification under the regulations to show the grade under said
standards of barrow, gilt, and sow pork carcasses.
[[Page 27]]
[GRAPHIC] [TIFF OMITTED] TR21MR96.011
(h) The following constitute forms of official identification under
the regulations to show compliance of products:
[GRAPHIC] [TIFF OMITTED] TC25SE91.004
[GRAPHIC] [TIFF OMITTED] TC25SE91.005
[GRAPHIC] [TIFF OMITTED] TC25SE91.006
Note: The letters ``RWX'', and ``UF'' shown in figures 1, and 2 are
examples, respectively, of the code identification letters of the
official grader performing the service.
(i) The following, as shown in Figure 1, constitutes official
identification to show quality system certification:
[GRAPHIC] [TIFF OMITTED] TC25SE91.007
(j) A shield-shaped ear tag enclosing the letters ``USDA'', the
words ``Carcass Data Service,'' as shown below (Figure 1), and a serial
number constitutes a form of official identification under the
regulations for livestock and carcasses. Other information may appear on
the backside of the ear tag at the option of the purchasers.
[[Page 28]]
[GRAPHIC] [TIFF OMITTED] TC25SE91.008
(k)(1) One device used by USDA graders is a rectangular, serially
numbered, orange tag on which a shield encloses the letters ``USDA'' and
the words ``Product Control'' as shown in Figure 1, constitutes a form
of official identification under the regulations for meat and meat
products.
[GRAPHIC] [TIFF OMITTED] TR21MR96.015
(2) Official graders and supervisors of grading may use ``Product
Control'' tags or other methods and devices as approved by the
Administrator for the identification and control of meat and meat
products which are not in compliance with the regulations or are held
pending the results of an examination. Any such meat or meat product so
identified shall not be used, moved, or
[[Page 29]]
altered in any manner; nor shall official control identification be
removed, without the express permission of an authorized representative
of the USDA.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR 51762, Aug. 5, 1980.
Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 50 FR 14367,
Apr. 12, 1985; 52 FR 35683, Sept. 23, 1987; 61 FR 11509, Mar. 21, 1996]
Sec. 54.18 Custody of identification devices.
(a) All identification devices used in marking products or the
containers thereof under the regulations, including those indicating
compliance with specifications approved by the Chief, shall be kept in
the custody of the Branch, and accurate records shall be kept by the
Branch of all such devices. Each office of grading shall keep a record
of the devices assigned to it. Such devices shall be distributed only to
persons authorized by the Department, who shall keep the devices in
their possession or control at all times and maintain complete records
of such devices.
(b) Upon request, applicants shall provide a metal cabinet(s) or
locker(s) for the secure storage of official meat grading equipment and
identification devices for each Federal meat grader assigned to their
establishment. Such cabinet(s) or locker(s) shall be capable of being
locked with a special Government-owned lock and shall be placed in an
easily accessible and reasonably secure location within the applicant's
establishment.
Appeal Service
Sec. 54.19 What is appeal service; marking products on appeal; requirements for appeal; certain determinations not appealable.
(a) Appeal service is a redetermination of the class, grade, other
quality, or compliance of product when the applicant for the appeal
service formally challenges the correctness of the original
determination. Only a person who has title to, or is a party to a
contract for the sale of, a product may request appeal service with
respect to such product and if the original determination of class,
grade, other quality or compliance is found on appeal to have been in
error all incorrect marks of class, grade, other quality and compliance
will be removed from the product, and if the person having title to the
product so requests, correct marks as determined on the appeal will be
applied to the product. Examination requested to determine the class,
grade, other quality, or compliance of a product which has been altered
or has undergone a material change since the original service, or
examination of product requested for the purpose of obtaining an up-to-
date certificate and not involving any question as to the correctness of
the original service for the product involved shall be considered
equivalent to original service and not appeal service.
(b) Grade determinations cannot be appealed for any lot or product
consisting of less than 10 similar units. Moreover, appeal service will
not be furnished with respect to product that has been altered or has
undergone any material change since the original service.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR 51762, Aug. 5, 1980.
Redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 54.20 Request for appeal service.
Except as otherwise provided in Sec. 54.19, a request for appeal
service with respect to any product under the regulations may be made by
any person who is financially interested in the product when he
disagrees with the determination as to class, grade, other quality, or
compliance of the product as shown by the markings on the product or its
containers, or as stated in the applicable certificate. A request for
appeal service shall be filed with the Chief, directly or through the
official grader who performed the original service or the official in
charge of the office of grading to which such grader was assigned at the
time of the service, or through the nearest office of grading. The
request shall state the reasons therefor and may be accompanied by a
copy of any previous certificate or report, or any other information
which the applicant may have received regarding the product at the time
of the original service. Such request may be made orally (including by
telephone) or in writing (including by telegram). If made orally, the
person receiving the
[[Page 30]]
request may require that it be confirmed in writing. Requests for appeal
service received through an official grader or an office of grading
shall be transmitted promptly to the Chief for instructions.
Sec. 54.21 When request for appeal service may be withdrawn.
A request for appeal service may be withdrawn by the applicant at
any time before the appeal service has been performed, upon payment of
any expenses already incurred under the regulations by the Branch in
connection therewith.
Sec. 54.22 Denial or withdrawal of appeal service.
A request for appeal service may be rejected or such service may be
otherwise denied to or withdrawn from any person, without a hearing, in
accordance with the procedure set forth in Sec. 54.11(b), if it shall
appear that the person or product involved is not eligible for appeal
service under Sec. 54.19, or that the identity of the product has been
lost; or for any of the causes set forth in Sec. 54.11(b). Appeal
service may also be denied to, or withdrawn from, any person in any case
under Sec. 54.11(a), in accordance with the procedure set forth in said
section.
Sec. 54.23 Who shall perform appeal service.
Appeal service for products shall be performed by official graders
designated by the Chief or by the official in charge of an office of
grading when so authorized by the Chief, and shall be conducted jointly
by two official graders, or more when practicable. No official grader
shall perform appeal service for any product for which he previously
performed the service.
Sec. 54.24 Appeal certificates.
Immediately after appeal service has been performed for any
products, a certificate designated as an ``appeal certificate'' shall be
prepared, signed, and issued referring specifically to the original
certificate and stating the class, grade, other quality, or compliance
of the products as shown by the appeal service.
Sec. 54.25 Superseded certificates.
The appeal certificate shall supersede the original certificate
which, thereupon, shall become null and void and shall not thereafter be
deemed to show the class, grade, other quality, or compliance of the
products described therein. However, the fees charged for the original
service shall not be remitted. If the original and all copies of the
superseded certificate are not delivered to the official with whom the
request for appeal service is filed, the official graders issuing the
appeal certificate shall forward notice of such issuance and of the
cancellation of the original certificate to such persons as they may
deem necessary to prevent fraudulent use of the superseded certificate.
Sec. 54.26 Application of other regulations to appeal service.
The regulations in Secs. 54.1 through 54.18 and Secs. 54.27 through
54.30 shall apply to appeal service except insofar as they are
manifestly inapplicable.
Charges for Service
Sec. 54.27 Fees and other charges for service.
Fees and other charges equal as nearly as may be to the cost of the
services rendered shall be assessed and collected from applicants in
accordance with the following provisions unless otherwise provided in
the cooperative agreement under which the services are furnished, or as
provided in Sec. 54.6.
(a) Fees for Service on Noncommitment Basis (Hourly Rates). Except
as otherwise provided in this section, fees for service shall be based
on the time required to render the service, calculated to the nearest
15-minute period, including official grader's travel and certificate(s)
preparation time in connection with the performance of service. A
minimum charge of one-half hour shall be made for service pursuant to
each request notwithstanding that the time required to perform service
may be less than 30 minutes. The base hourly rate for noncommitment
applicants shall be $42.20 per hour for 8 hours or less of work
performed between the hours of 6 a.m. and 6 p.m., Monday through Friday,
except on legal holidays; $47.80 per hour for work performed in excess
of 8
[[Page 31]]
hours per day for each assigned official grader and for work performed
before 6 a.m. and after 6 p.m., Monday through Friday, and any time
Saturday or Sunday, except on Federal legal holidays; and $79.60 per
hour for all work performed on Federal legal holidays.
(b) Fees for Service on Commitment Basis. Minimum fees for service
performed under a commitment agreement or an agreement by memorandum
shall be on the basis of 8 hours per day, Monday through Friday,
excluding Federal legal holidays occurring Monday through Friday on
which no grading and certification services are performed. The base
hourly rate for service performed under such agreements shall be $39.80
per hour for 8 consecutive hours or less of work performed between the
hours of 6 a.m. and 6 p.m., Monday through Friday, except on Federal
legal holidays; $47.80 per hour for work performed in excess of 8 hours
per day for each assigned official grader and for work performed before
6 a.m. and after 6 p.m., Monday through Friday, and any time Saturday or
Sunday, except on Federal legal holidays; and $79.60 per hour for all
work performed on Federal legal holidays. The Agency reserves the right
under such a commitment agreement or agreement by memorandum to use any
grader assigned to the plant on a commitment basis to perform service
for other applicants, as provided in Sec. 54.6(c), crediting the
commitment applicant with the number of hours charged to the other
applicant, provided the allowable credit hours plus hours actually
worked for the applicants do not exceed 8 hours on any day, Monday
through Friday, excluding legal holidays.
(c) Travel charges. When service is requested at a place so distant
from an official grader's headquarters, or place of prior assignment on
a circuitous routing that a total of one-half hour or more is required
for the grader to travel to such place and back to the headquarters, or
to the next place of assignment on a circuitous routing, the charge for
such service shall include a mileage charge administratively determined
by the Chief, and travel tolls, if applicable, for such travel prorated
against all the applicants furnished the service involved on an
equitable basis, or where the travel is made by public transportation
(including hired vehicles), a fee equal to the actual cost thereof.
However, the applicant will not be charged a new mileage rate without
notification before the service is rendered.
(d) Per diem charges. When service is requested at a place away from
the official grader's headquarters, the fee for such service shall
include a per diem charge if the employee performing the service is paid
per diem in accordance with existing travel regulations. Per diem
charges to applicants will cover the same period of time for which the
grader receives per diem reimbursement. The per diem rate will be
administratively determined by the Chief. However, the applicant will
not be charged a new per diem rate without notification before the
service is rendered.
(e) Fees for appeal service. Fees for appeal service shall be
determined on the basis of the time, of two official graders, required
to render the service, calculated to the nearest fifteen-minute period,
including the time required for the preparation of certificates and
travel of such graders in connection with the performance of the
service, at the applicable hourly rate prescribed in paragraph (a) of
this section, plus any travel charges and per diem for such graders
ordinarily chargeable under paragraphs (c) and (d) of this section:
Provided, That when on appeal it is found that there was error in the
original determination equal to or exceeding ten percent of the total
number of similar units of the products involved, no charge will be made
for the appeal service unless a special agreement therefor was made with
the applicant in advance.
(f) Fees for extra copies of certificates. In addition to copies of
certificates furnished under Sec. 54.14, any financially interested
person may obtain not to exceed three copies of any such certificate
within one year from its date of issuance upon payment of a fee of
$1.00, and not to exceed three copies of any such certificate at any
time thereafter, while a copy of such certificate is on file in the
Department, upon payment of a fee of $5.00.
[[Page 32]]
(g) Other charges. When costs, other than costs specified in
paragraphs (a), (b), (c), (d), (e), and (f) of this section, are
involved in providing the services, the applicant will be charged for
these costs. The amount of these charges will be determined
administratively by the Chief. However, the applicant will not be
charged for such cost without notification before the service is
rendered of the charge for such item of expense.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981,
as amended at 47 FR 44704, Oct. 12, 1982; 51 FR 21135, June 11, 1986; 54
FR 21401, May 18, 1989; 55 FR 20443, May 17, 1990; 57 FR 11427, Apr. 3,
1992; 58 FR 48592, Sept. 17, 1993; 58 FR 64670, Dec. 9, 1993; 59 FR
1890, Jan. 13, 1994; 59 FR 13643, Mar. 23, 1994; 63 FR 32966, June 17,
1998]
Sec. 54.28 Payment of fees and other charges.
Fees and other charges for service shall be paid in accordance with
the following provisions unless otherwise provided in the cooperative
agreement under which the service is furnished. Upon receipt of billing
for fees and other charges for service the applicant shall remit by
check, draft, or money order, made payable to the Agricultural Marketing
Service, USDA, payment for the service in accordance with directions on
the billing, and such fees and charges shall be paid in advance if
required by the official grader or other authorized official.
Miscellaneous
Sec. 54.29 Identification.
All official graders and supervisors of grading shall have their
Agricultural Marketing Service identification cards in their possession
at all times while they are performing any function under the
regulations and shall identify themselves by such cards upon request.
Sec. 54.30 Errors in service.
When an official grader, supervisor of grading, or other responsible
employee of the Branch has evidence of misgrading, or of incorrect
certification or other incorrect determination or identification as to
the class, grade, other quality, or compliance of a product, he shall
report the matter to his immediate supervisor. The supervisor of grading
will investigate the matter and, if he deems advisable, will report it
to the owner or his agent. The supervisor of grading shall take
appropriate action to correct errors found in the determination or
identification of class, grade or other quality or compliance of
products if the products are still owned by the person who owned them
when, and are still located at the establishment where, the incorrect
service was rendered and if such service was rendered by a grader under
the jurisdiction of such supervisor, and the supervisor of grading shall
take adequate measures to prevent the recurrence of such errors.
Sec. 54.31 Uniforms.
All meat graders and their supervisory personnel are required to
wear clean, white, well-maintained outer frocks while performing any
function under these regulations involving contact with or the handling
of any meat or meat product.
[45 FR 19214, Mar. 25, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981]
Subpart B [Reserved]
PART 55--VOLUNTARY INSPECTION OF EGG PRODUCTS AND GRADING--Table of Contents
Subpart A--Inspection and Grading of Egg Products
Definitions
Sec.
55.1 Meaning of words.
55.2 Terms defined.
55.5 Designation of official certificates, memoranda, marks, other
identifications, and devices for purposes of the Agricultural
Marketing Act.
Administration
55.10 Authority.
55.11 Nondiscrimination.
General
55.20 Kinds of services available.
55.22 Where service is offered.
55.24 Basis of service.
55.25 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
Performance of Services
55.30 Licensed graders and inspectors.
55.40 Suspension of license; revocation.
[[Page 33]]
55.50 Cancellation of license.
55.60 Surrender of license.
55.70 Identification.
55.80 Political activity.
55.90 Authority and duties of inspectors performing service on a
resident inspection basis.
55.95 Facilities and equipment to be furnished for use of graders and
inspectors in performing service on a resident inspection
basis.
55.96 Schedule of operation of official plants.
Application for Service
55.100 Who may obtain service.
55.120 Authority of applicant.
55.130 How application for service may be made; conditions of resident
service.
55.140 Application for inspection in official plants; approval.
55.150 When application may be rejected.
55.160 When application may be withdrawn.
55.170 Order of service.
55.180 Suspension of plant approval.
Denial of Service
55.200 Debarment.
55.220 Other applicable regulations.
55.240 Report of violations.
55.260 Reuse of containers bearing official identification prohibited.
Identifying and Marking Products
55.300 Approval of official identification.
55.310 Form of official identification symbol and inspection mark.
55.320 Products that may bear the inspection mark.
55.330 Unauthorized use or disposition of approved labels.
55.340 Supervision of marking and packaging.
55.350 Accessibility of product.
55.360 Certificates.
55.370 Certificate issuance.
55.380 Disposition of certificates.
55.390 Advance information.
Appeals
55.400 Who may request an appeal grading or inspection or review of a
grader's or inspector's decision.
55.410 Where to file an appeal.
55.420 How to file an appeal.
55.430 When an application for an appeal grading or inspection may be
refused.
55.440 Who shall perform the appeal.
55.450 Procedures for selecting appeal samples.
55.460 Appeal certificates.
Fees and Charges
55.500 Payment of fees and charges.
55.510 Fees and charges for services other than on a continuous
resident basis.
55.530 Travel expenses and other charges.
55.560 Charges for continuous inspection and grading service on a
resident basis.
55.570 Fees for service performed under cooperative agreement.
Sanitary and Processing Requirements
55.600 General.
55.650 Inspection and grading.
Subpart B--Official U.S. Standards for Palatability Scores for Dried
Whole Eggs
55.800 Preparation of samples for palatability test.
55.820 Palatability scores for dried whole eggs.
Authority: 7 U.S.C. 1621-1627.
Source: 36 FR 11795, June 19, 1971, unless otherwise noted.
Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at
46 FR 63203, Dec. 31, 1981.
Subpart A--Inspection and Grading of Egg Products
Definitions
Sec. 55.1 Meaning of words.
Under the regulations in this part words in the singular shall be
deemed to import the plural and vice versa, as the case may demand.
Sec. 55.2 Terms defined.
For the purpose of the regulations in this part, unless the context
otherwise requires, the following terms shall be construed,
respectively:
Act means the applicable provisions of the Agricultural Marketing
Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621 et seq.), or any other Act of
Congress conferring like authority.
Administrator means the Administrator of the Agricultural Marketing
Service (AMS) of the Department or any other officer or employee of the
Department to whom there has heretofore been delegated, or to whom there
may hereafter be delegated the authority to act in his stead.
Applicant means any interested party who requests any grading or
inspection service, or appeal grading or appeal inspection, with respect
to any product.
Chief of the Grading Branch means the Chief of the Poultry Grading
Branch, Poultry Division, Agricultural Marketing Service.
[[Page 34]]
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same
kind, species, or method of processing.
Condition means any condition (including, but not being limited to,
the state of preservation, cleanliness, soundness, wholesomeness, or
fitness for human food) of any product which affects its
merchantability; or any condition, including, but not being limited to,
the processing, handling, or packaging which affects such product.
Department means the U.S. Department of Agriculture.
Eggs of Current Production means shell eggs which have moved through
the usual marketing channels since the time they were laid and are not
in excess of 60 days old.
Holiday or Legal holiday shall mean the legal public holidays
specified by the Congress in paragraph (a) of section 6103, Title 5, of
the United States Code.
Inspection/grading means (1) the act of determining, according to
the regulations, the class, quality, quantity, or condition of any
product by examining each unit thereof or a representative sample drawn
by a grader; (2) the act of issuing a certificate; or (3) the act of
identifying, when requested by the applicant, any product by means of
official identification pursuant to the Act and this part.
Inspection and grading certificate or certificate means a statement,
either written or printed, issued by a grader or inspector pursuant to
the Act and this part, relative to the class, quality, quantity, and
condition of products.
Inspector/grader means any employee of the Department authorized by
the Secretary, or any other person to whom a license has been issued by
the Secretary, to investigate and certify, in accordance with the Act
and this part, to shippers of products and other interested parties the
class, quality, quantity, and condition of such products.
Interested party means any person financially interested in a
transaction involving any grading, inspection, or appeal grading or
inspection of any product.
National Supervisor means (1) the officer in charge of the service
of AMS, and (2) such other employee of AMS as may be designated by him.
Office of grading means the office of any grader or inspector.
Official plant means any plant in which the facilities and methods
of operation therein have been found by the Administrator to be suitable
and adequate for grading service or inspection in accordance with this
part and in which such service is carried on.
Person means any individual, partnership, association, business
trust, corporation, or any organized group of persons, whether
incorporated or not.
Product or products means eggs (whether liquid, frozen, or dried),
egg products and any food product which is prepared or manufactured and
contains eggs as an ingredient.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Regional Director means any employee of the Department in charge of
the service in a designated geographical area.
Regulations means the provisions in this part.
Sampling means the act of taking samples of any product for grading
or inspection.
Secretary means the Secretary of the Department or any other officer
or employee of the Department to whom there has heretofore been
delegated, or to whom there may hereafter be delegated, the authority to
act in his stead.
Service means (1) any grading or inspection, in accordance with the
Act and the regulations in this part, of any product, (2) supervision,
in any official plant, of the preparation or packaging of any product,
or (3) any appeal grading or appeal inspection of any previously graded
or inspected product.
Shell eggs means the shell eggs of the domesticated chicken, turkey,
duck, goose, and guinea.
[36 FR 11795, June 19, 1971, as amended at 36 FR 19301, Oct. 2, 1971; 37
FR 17816, Sept. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 43 FR 60137, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46069, Oct. 15, 1982; 47 FR 54421, Dec. 3,
1982]
[[Page 35]]
Sec. 55.5 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or other identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said Act, and
certain misrepresentations concerning the inspection or grading of
agricultural products under said section. For the purposes of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed, used under this part to certify with respect to the
sampling, inspection, class, grade, quality, size, quantity, or
condition of products (including the compliance of products with
applicable specifications).
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading, inspecting, or sampling
pursuant to this part, any processing or plant-operation report made by
an authorized person in connection with grading, inspecting, or sampling
under this part and any report made by an authorized person of services
performed pursuant to this part.
(c) Official mark means the grade mark, inspection mark, and any
other mark or symbol formulated pursuant to the regulations in this
part, stating that the product was graded or inspected, or for the
purpose of maintaining the identity of the product.
(d) Official identification means any United States (U.S.) standard
designation of class, grade, quality, size, quantity, or condition
specified in this part or any symbol, stamp, label, or seal indicating
that the product has been officially graded or inspected and/or
indicating the class, grade, quality, size, quantity, or condition of
the product approved by the Administrator and authorized to be affixed
to any product, or affixed to or printed on the packaging material of
any product.
(e) Official device means a printed label, or other method as
approved by the Administrator for the purpose of applying any official
mark or other identification to any product of the packaging material
thereof.
Administration
Sec. 55.10 Authority.
The Administrator shall perform, for and under the supervision of
the Secretary, such duties as the Secretary may require in the
enforcement or administration of the provisions of the Act and this
part. The Administrator is authorized to waive for a limited period any
particular provisions of the regulations in this part to permit
experimentation so that new procedures, equipment, and processing
techniques may be tested to facilitate definite improvements and at the
same time to determine full compliance with the spirit and intent of the
regulations in this part. The Agricultural Marketing Service and its
officers and employees shall not be liable in damages through acts of
commission or omission in the administration of this part.
[42 FR 2969, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 55.11 Nondiscrimination.
The conduct of all services and the licensing of graders and
inspectors under these regulations shall be accomplished without
discrimination as to race, color, religion, sex, national origin, age or
disability.
[40 FR 20055, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981; 60 FR 49168,
Sept. 21, 1995]
General
Sec. 55.20 Kinds of services available.
The regulations in this part provide for the following kinds of
services:
(a) Inspection of the processing of products containing eggs in
official plants.
(b) Sampling of products.
[[Page 36]]
(c) Quantity and condition inspection of products.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 58
FR 42413, Aug. 9, 1993]
Sec. 55.22 Where service is offered.
Any product may be graded or inspected wherever a grader or
inspector is available and the facilities and the conditions are
satisfactory for the conduct of the service.
Sec. 55.24 Basis of service.
(a) Products shall be graded or inspected in accordance with such
standards, methods, and instructions as may be issued or approved by the
Administrator. All service shall be subject to supervision at all times
by the applicable State supervisor, egg products supervisor, Regional
Director, and National Supervisor. Whenever the supervisor of a grader
or inspector has evidence that such grader or inspector incorrectly
graded or inspected a product, such supervisor shall take such action as
is necessary to correct the grading or inspection and to cause any
improper official identification which appears on the product or
containers thereof to be corrected prior to shipment of the product from
the place of the initial grading or inspection.
(b) Whenever service is performed on a sample basis, such sample
shall be drawn in accordance with the instructions as issued by the
Administrator.
Sec. 55.25 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR part 55 pursuant to the
Paperwork Reduction Act of 1980, Pub. L. 96-511.
(b) Display.
------------------------------------------------------------------------
Current OMB
7 CFR section where identified and described control
number
------------------------------------------------------------------------
Sec. 55.10............................................... 0581-0146
Sec. 55.24(a)............................................ 0581-0146
Sec. 55.30(a)............................................ 0581-0146
Sec. 55.40............................................... 0581-0146
Sec. 55.90(b)............................................ 0581-0146
Sec. 55.95(b)............................................ 0581-0146
Sec. 55.96............................................... 0581-0146
Sec. 55.120.............................................. 0581-0146
Sec. 55.130(a)........................................... 0581-0146
Sec. 55.130(b)........................................... 0581-0146
Sec. 55.130(c)........................................... 0581-0146
Sec. 55.140.............................................. 0581-0146
Sec. 55.150.............................................. 0581-0146
Sec. 55.160.............................................. 0581-0146
Sec. 55.200(a)........................................... 0581-0146
Sec. 55.240.............................................. 0581-0146
Sec. 55.300.............................................. 0581-0146
Sec. 55.340(c)........................................... 0581-0146
Sec. 55.370(a)........................................... 0581-0146
Sec. 55.380.............................................. 0581-0146
Sec. 55.390.............................................. 0581-0146
Sec. 55.400.............................................. 0581-0146
Sec. 55.420.............................................. 0581-0146
Sec. 55.560(a)(1)........................................ 0581-0146
Sec. 55.560(b)(1)........................................ 0581-0146
Sec. 55.560(b)(3)(ii).................................... 0581-0146
Sec. 55.600.............................................. 0581-0146
------------------------------------------------------------------------
[49 FR 2880, Jan. 24, 1984, as amended at 55 FR 23421, June 8, 1990]
Performance of Services
Sec. 55.30 Licensed graders and inspectors.
(a) Any person who is a Federal or State employee, the employee of a
local jurisdiction, or the employee of a cooperating agency possessing
proper qualifications as determined by an examination for competency and
who is to perform grading service under this part, may be licensed by
the Secretary as a grader or inspector.
(b) All licenses issued by the Secretary are to be countersigned by
the officer-in-charge of the service of the Agricultural Marketing
Service or by any other official of AMS designated by such officer.
(c) No person may be licensed to grade or inspect any product in
which he is financially interested.
[36 FR 11795, June 19, 1971, as amended at 37 FR 12918, June 30, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 55.40 Suspension of license; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform service may, whenever he deems such
action necessary to assure that any grading or inspection services are
properly performed, suspend any license to perform
[[Page 37]]
grading or inspection service issued pursuant to this part, by giving
notice of such suspension to the respective licensee, accompanied by a
statement of the reasons therefor. Within 7 days after the receipt of
the aforesaid notice and statement of reasons, the licensee may file an
appeal in writing, with the Secretary, supported by any argument or
evidence that he may wish to offer as to why his license should not be
further suspended or revoked. After the expiration of the aforesaid 7-
day period and consideration of such argument and evidence, the
Secretary will take such action as he deems appropriate with respect to
such suspension or revocation. When no appeal is filed within the
prescribed 7 days, the license to perform grading or inspection service
is revoked.
Sec. 55.50 Cancellation of license.
Upon termination of his services as a grader or inspector, each
licensee shall surrender his license immediately for cancellation.
Sec. 55.60 Surrender of license.
Each license which is canceled, suspended, or revoked shall
immediately be surrendered by the licensee to the office of the service
in the region in which he is located.
Sec. 55.70 Identification.
All graders, inspectors, and supervisors shall have in their
possession at all times while on duty and present upon request the means
of identification furnished by the Department to such person.
Sec. 55.80 Political activity.
All graders and inspectors are forbidden during the period of their
respective appointments or licenses, to take an active part in political
management or in political campaigns. Political activity in city,
county, State, or national elections, whether primary or regular, or in
behalf of any party or candidate is prohibited, except as authorized by
law or regulation of the Department. This applies to all appointees,
including, but not being limited to, temporary and cooperative employees
and employees on leave of absence with or without pay. Willful violation
of this section will constitute grounds for dismissal in the case of
appointees and revocation of licenses in the case of licensees.
[36 FR 11795, June 19, 1971, as amended at 42 FR 2969, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 55.90 Authority and duties of inspectors performing service on a resident inspection basis.
(a) Each inspector is authorized:
(1) To make such observations and inspections as he deems necessary
to enable him to certify that products have been prepared, processed,
stored, and otherwise handled in conformity with the regulations in this
part;
(2) To supervise the marking of packages containing products which
are eligible to be identified with official identification;
(3) To retain in his custody, or under his supervision, labels with
official identification, marking devices, samples, certificates, seals,
and reports of inspectors;
(4) To deface or remove, or cause to be defaced or removed under his
personal supervision, any official identification from any package
containing products whenever he determines that such products were not
processed in accordance with the regulations in this part or are not fit
for human food;
(5) To issue a certificate upon request on any product processed in
the official plant; and
(6) To use retention tags or other devices and methods as may be
approved by the Administrator for the identification and control of
products which are not in compliance with the regulations in this part
or are held for further examination, and any equipment, utensils, rooms
or compartments which are found to be unclean or otherwise in violation
of any of the regulations in this part. No product, equipment, utensil,
room or compartment shall be released for use until it has been made
acceptable. Such identification shall not be removed by anyone other
than inspector or grader.
[[Page 38]]
(b) Each inspector shall prepare such reports and records as may be
prescribed by the officer-in-charge of the service.
[36 FR 11795, June 19, 1971, as amended at 42 FR 2969, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 55.95 Facilities and equipment to be furnished for use of graders and inspectors in performing service on a resident inspection basis.
(a) Facilities and equipment for proper sampling, weighing,
examination of products and monitoring processing procedures shall be
furnished by the official plant for use by inspectors and graders. Such
facilities and equipment shall include but not be limited to a room or
area suitable for sampling product, and acceptable candling light,
flashlight, heavy duty, high speed drill with an eleven sixteenths-inch
or larger bit of sufficient length to reach the bottom of containers
used for frozen eggs, metal stem thermometer(s), test thermometer(s),
stop watch, test weighing scale(s) and test weight(s), test kit for
determining the bactericidal strength of sanitizing solutions, and
stationary or adequately secured storage box or cage (capable of being
locked only by the inspector) for holding official samples.
(b) Acceptable furnished office space and equipment, including but
not being limited to, a desk, lockers or cabinets (equipped with a
satisfactory locking device) suitable for the protection and storage of
supplies, and with facilities for inspectors and graders to change
clothing.
[60 FR 49168, Sept. 21, 1995]
Sec. 55.96 Schedule of operation of official plants.
Grading operating schedules for services performed pursuant to
Sec. 55.560 shall be requested in writing and be approved by the
Administrator. Normal operating schedules for a full week consist of a
continuous 8-hour period per day (excluding not to exceed 1 hour for
lunch), 5 consecutive days per week, within the administrative workweek,
Sunday through Saturday, for each shift required. Less than 8-hour
schedules may be requested and will be approved if a grader is
available. Clock hours of daily operations need not be specified in the
request, although as a condition of continued approval, the hours of
operation shall be reasonably uniform from day to day. As an
alternative, the normal operating schedule shall consist of a continuous
10-hour period per day (excluding not to exceed 1 hour for lunch), 4
consecutive days per week, within the administrative workweek, Sunday
through Saturday for each full shift required. Graders are to be given
reasonable advance notice by management of any change in the hours that
grading service is requested.
[48 FR 20682, May 9, 1983, as amended at 60 FR 49168, Sept. 21, 1995]
Application for Service
Sec. 55.100 Who may obtain service.
(a) An application for service may be made by any interested person,
including, but not being limited to, the United States, any State,
county, municipality, or common carrier, and any authorized agent of the
foregoing.
(b) Where service is offered: Any product may be graded or
inspected, wherever a grader or inspector is available and the
facilities and the conditions are satisfactory for the conduct of the
service.
Sec. 55.120 Authority of applicant.
Proof of the authority of any person applying for any service may be
required at the discretion of the Administrator.
Sec. 55.130 How application for service may be made; conditions of resident service.
(a) On a fee basis. An application for any service may be made in
any office of grading, or with any grader or inspector at or nearest the
place where the service is desired. Such application for service may be
made orally (in person or by telephone), in writing or by telegraph. If
an application for grading service is made orally, the office of
grading, grader or inspector with whom such application is made, or the
Administrator may require that the application be confirmed in writing.
(b) On a resident inspection basis. An application for inspection on
a resident
[[Page 39]]
inspection basis to be rendered in an official plant must be made in
writing on forms approved by the Administrator and filed with the
Administrator. Such forms may be obtained at the national, regional, or
State grading office. In making application, the applicant agrees to
comply with the terms and conditions of the regulations in this part
(including, but not being limited to, such instructions governing
grading and inspection of products as may be issued from time to time by
the Administrator). No member of or delegate to Congress or Resident
Commissioner, shall be admitted to any benefit that may arise from such
service unless derived through service rendered a corporation for its
general benefit.
(c) Form of application. Each application for grading or inspecting
a specified lot of any product shall include such information as may be
required by the Administrator in regard to the product and the premises
where such product is to be graded or inspected.
Sec. 55.140 Application for inspection in official plants; approval.
Any person desiring to process products under inspection service
must receive approval of such plant and facilities as an official plant
prior to the installation of such service. The initial survey, drawings,
and specifications to be submitted, changes and revisions in the
official plant, and final survey and procedure for plant approval shall
be in accordance with and conform with the applicable provisions of
Sec. 59.146 of this chapter, regulations governing the inspection of
eggs and egg products.
[40 FR 20055, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 55.150 When application may be rejected.
Any application for service may be rejected by the Administrator (a)
whenever the applicant fails to meet the requirements of the regulations
in this part prescribing the conditions under which the service is made
available; (b) whenever the product is owned by or located on the
premises of a person currently denied the benefits of the Act; (c) where
any individual holding office or a responsible position with or having a
substantial financial interest or share in the applicant is currently
denied the benefits of the Act or was responsible in whole or in part
for the current denial of the benefits of the Act to any person; (d)
where the Administrator determines that the application is an attempt on
the part of a person currently denied the benefits of the Act to obtain
service; (e) whenever the applicant, after an initial survey has been
made in accordance with Sec. 55.140, fails to bring the plant,
facilities, and operating procedures into compliance with the
regulations in this part within a reasonable period of time; (f)
notwithstanding any prior approval whenever, before inauguration of
service, the applicant fails to fulfill commitments concerning the
inauguration of the service; (g) when it appears that to perform the
services specified in this part would not be to the best interests of
the public welfare or of the Government; or (h) when it appears to the
Administrator that prior commitments of the Department necessitate
rejection of the application. Each such applicant shall be promptly
notified by registered mail of the reasons for the rejection. A written
petition for reconsideration of such rejection may be filed by the
applicant with the Administrator if postmarked or delivered within 10
days after receipt of notice of the rejection. Such petition shall state
specifically the errors alleged to have been made by the Administrator
in rejecting the application. Within 20 days following the receipt of
such a petition for reconsideration, the Administrator shall approve the
application or notify the applicant by registered mail of the reasons
for the rejection thereof.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46069, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
Sec. 55.160 When application may be withdrawn.
An application for service may be withdrawn by the applicant at any
time before the service is performed upon payment, by the applicant, of
all expenses incurred by AMS in connection with such application.
[[Page 40]]
Sec. 55.170 Order of service.
Service shall be performed, insofar as practicable, in the order in
which applications therefor are made except that precedence may be given
to any application for an appeal.
[36 FR 11795, June 19, 1971, as amended at 42 FR 2969, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 55.180 Suspension of plant approval.
(a) Any plant approval pursuant to the regulations in this part may
be suspended for (1) failure to maintain plant and equipment in a
satisfactory state of repairs; (2) the use of operating procedures which
are not in accordance with the regulations in this part; or (3)
alterations of buildings, facilities, or equipment which cannot be
approved in accordance with the regulations in this part.
(b) During such period of suspension, inspection service shall not
be rendered. However, the other provisions of the regulations in this
part pertaining to providing service on a resident basis will remain in
effect unless service is terminated in accordance with the terms
thereof. If the plant facilities or methods of operation are not brought
into compliance within a reasonable period of time to be specified by
the Administrator, the application and service shall be terminated. Upon
termination of service in an official plant pursuant to the regulations
in this part, the plant approval shall also become terminated and all
labels, seals, tags, or packaging material bearing official
identification shall, under the supervision of a person designated by
the Administrator, either be destroyed, or the official identification
completely obliterated, or sealed in a manner acceptable to the
Department.
Denial of Service
Sec. 55.200 Debarment.
(a) The following acts or practices or the causing thereof may be
deemed sufficient cause for the debarment by the Administrator, of any
person, including any agents, officers, subsidiaries, or affiliates of
such person, from any or all benefits of the Act for a specified period.
The rules of practice governing withdrawal of inspection and grading
services in formal adjudicatory proceedings instituted by the Secretary
(7 CFR, part 1, subpart H) shall be applicable to such a debarment
action:
(1) Misrepresentation, deceptive, or fraudulent act or practice. Any
willful misrepresentation or any deceptive or fraudulent act or practice
found to be made or committed by any person in connection with:
(i) The making or filing of an application for any service or
appeal;
(ii) The making of the product accessible for sampling, grading or
inspection;
(iii) The making, issuing or using or attempting to issue or use any
certificate, symbol, stamp, label, seal, or identification authorized
pursuant to the regulations in this part;
(iv) The use of the terms ``United States,'' ``U.S.,'' ``Government
Graded,'' ``Federal-State Graded,'' ``U.S. Inspected,'' ``Government
Inspected,'' or terms of similar import in the labeling or advertising
of any product;
(v) The use of any official stamp, symbol, label, seal, or
identification in the labeling or advertising of any product.
(2) Use of facsimile forms. Using or attempting to use a form which
simulates in whole or in part any certificate, symbol, stamp, label,
seal, or identification authorized to be issued or used under the
regulations in this part.
(3) Willful violation of the regulations. Any willful violation of
the regulations in this part or the Act.
(4) Interfering with a grader, inspector, or employee of AMS. Any
interference with or obstruction or any attempted interference or
obstruction of or assault upon any grader, licensee, inspector or
employee of AMS in the performance of his duties. The giving or
offering, directly or indirectly, of any money, loan, gift, or anything
of value to an employee of AMS, or the making or offering of any
contribution to or in any way supplementing the salary, compensation or
expenses of an employee of AMS, or the offering or entering into a
private contract or agreement with an employee of AMS for any services
to be rendered while employed by AMS.
[[Page 41]]
(5) Miscellaneous. The existence of any of the conditions set forth
in Sec. 55.150 constituting the basis for the rejection of an
application for grading or inspection service.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60137, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981]
Sec. 55.220 Other applicable regulations.
Compliance with the regulations in this part shall not excuse
failure to comply with any other Federal or any State or municipal
applicable laws or regulations.
Sec. 55.240 Report of violations.
Each grader and inspector shall report, in the manner prescribed by
the Administrator, all violations and noncompliance under the Act and
this part of which such grader or inspector has knowledge.
Sec. 55.260 Reuse of containers bearing official identification prohibited.
The reuse, by any person, of containers bearing official
identification is prohibited unless such identification is applicable in
all respects to product being packed therein. In such instances, the
container and label may be used provided the packaging is accomplished
under the supervision of an inspector or grader and the container is in
clean, sound condition and lined with a suitable inner liner.
Identifying and Marking Products
Sec. 55.300 Approval of official identification.
Labeling procedures, required information on labels, and method of
label approval, shall be in accordance with and conform with the
applicable provisions of Sec. 59.411 of this chapter, regulations
governing the inspection of eggs and egg products, except where ``egg
product(s)'' is used in Sec. 59.411, the word ``product(s)'' shall be
substituted and used for this part 55.
[40 FR 20055, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 55.310 Form of official identification symbol and inspection mark.
(a) The shield set forth in Figure 1, containing the letters
``USDA,'' shall be the official identification symbol for the purposes
of this part and when used, imitated, or simulated in any manner in
connection with a product shall be deemed to constitute a representation
that the product has been officially inspected for the purpose of
Sec. 55.5.
[GRAPHIC] [TIFF OMITTED] TC25SE91.010
(b) The inspection marks which are permitted to be used on products
shall be contained within the outline of a shield and with the wording
and design set forth in Figure 2 of this section, except the plant
number may be preceded by the letter ``P'' in lieu of the word
``plant''. Alternatively, it may be omitted from the official shield if
applied on the container's principal display panel or other prominent
location and preceded by the letter ``P'' or the word ``Plant''.
[[Page 42]]
[GRAPHIC] [TIFF OMITTED] TC25SE91.011
[36 FR 11795, June 19, 1971, as amended at 40 FR 20055, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49168, Sept. 21, 1995]
Sec. 55.320 Products that may bear the inspection mark.
Products which are permitted to bear the inspection mark shall be
processed in an official plant from edible shell eggs or other edible
egg products eligible to bear the inspection mark and may contain other
edible ingredients. The official mark, when used, shall be printed or
lithographed and applied as a part of the principal display panel of the
container, but shall not be applied to a detachable cover.
Sec. 55.330 Unauthorized use or disposition of approved labels.
(a) Containers or labels which bear official identification approved
for use pursuant to Sec. 55.300 shall be used only for the purpose for
which approved. Any unauthorized use or disposition of approved
containers or labels which bear any official identification may result
in cancellation of the approval and denial of the use of containers or
labels bearing official identification or denial of the benefits of the
Act pursuant to the provisions of Sec. 55.200;
(b) The use of simulations or imitations of any official
identification by any person is prohibited;
(c) Upon termination of inspection service in an official plant
pursuant to the regulations in this part, all labels or packaging
material bearing official identification to be used to identify product
packed by the plant shall either be destroyed, or have the official
identification completely obliterated under the supervision of a USDA
representative, or, if to be used at another location, modified in a
manner acceptable to the Service.
[36 FR 11795, June 19, 1971, as amended at 40 FR 20055, May 8, 1975; 42
FR 2969, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60 FR
49168, Sept. 21, 1995]
Sec. 55.340 Supervision of marking and packaging.
(a) Evidence of label approval. No grader or inspector shall
authorize the use of official identification on any inspected product
unless he has on file evidence that such official identification or
packaging material bearing such official identification has been
approved in accordance with the provisions of Sec. 55.300.
(b) Affixing of official identification. No official identification
may be affixed to or placed on or caused to be affixed to or placed on
any product or container thereof except by a grader or inspector or
under the supervision of a grader or inspector or other person
authorized by the Administrator. All such products shall have been
inspected in accordance with the regulations in this part. The grader or
inspector shall have supervision over the use and handling of all
material bearing any official identification.
(c) Labels for products sold under Government contract. The grader
or inspector-in-charge may approve labels for containers of product sold
under a contract specification to governmental agencies when such
product is not offered for resale to the general public: Provided, That
the contract specifications include complete specific requirements with
respect to labeling, and are made available to the grader or inspector.
Sec. 55.350 Accessibility of product.
Each product for which service is requested shall be so placed as to
disclose fully its class, quality, quantity, and
[[Page 43]]
condition as the circumstances may warrant.
Sec. 55.360 Certificates.
Certificates (including appeal certificates) shall be issued on
forms approved by the Administrator.
Sec. 55.370 Certificate issuance.
(a) Resident service. Certificates will be issued only upon a
request therefor by the applicant or AMS. When requested, an inspector
shall issue a certificate covering product inspected by him. In
addition, an inspector may issue a certificate covering product
inspected in whole or in part by another inspector when the inspector
has knowledge that the product is eligible for certification based on
personal examination of the product or official inspection records.
(b) Other than resident service. Each inspector shall, in person or
by his authorized agent, issue a certificate covering each product
inspected by him. An inspector's name may be signed on a certificate by
a person other than the inspector, if such person has been designated as
the authorized agent of such inspector by the National Supervisor:
Provided, That the certificate is prepared from an official memorandum
of inspection signed by the inspector: And provided further, That a
notarized power of attorney authorizing such signature has been issued
to such person by the inspector and is on file in the office of the
service. In such case, the authorized agent shall sign both his own and
the inspector's name, e.g., ``John Doe by Richard Roe.''
Sec. 55.380 Disposition of certificates.
The original and a copy of each certificate, issued pursuant to
Sec. 55.370 and not to exceed two additional copies thereof if requested
by the applicant prior to issuance, shall, immediately upon issuance, be
delivered or mailed to the applicant or person designated by him. Other
copies shall be filed and retained in accordance with the disposition
schedule for inspection program records.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46069, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
Sec. 55.390 Advance information.
Upon request of an applicant, all or part of the contents of any
certificate issued to such applicant may be telephoned or telegraphed to
him, or to any person designated by him, at his expense.
Appeals
Sec. 55.400 Who may request an appeal grading or inspection or review of a grader's or inspector's decision.
An appeal grading or inspection may be requested by any interested
party who is dissatisfied with the determination by a grader or
inspector of the class, quality, quantity, or condition of any product,
as evidenced by the USDA inspection mark and accompanying label, or as
stated on a certificate and a review may be requested by the operator of
an official plant with respect to a grader's or inspector's decision or
on any other matter related to grading or inspection in the official
plant.
Sec. 55.410 Where to file an appeal.
(a) Appeal of resident grader's or inspector's grading or decision
in an official plant. Any interested party who is not satisfied with the
determination of the class, quality, quantity, or condition of product
which was graded or inspected by a grader or inspector in an official
plant and has not left such plant, and the operator of any official
plant who is not satisfied with a decision by a grader or inspector on
any other matter relating to grading or inspection in such plant may
request an appeal grading or inspection or review of the decision by the
grader or inspector by filing such request with the grader's or
inspector's immediate supervisor.
(b) All other appeal requests. Any interested party who is not
satisfied with the determination of the class, quality,
[[Page 44]]
quantity, or condition of product which has left the official plant
where it was graded or inspected or which was graded or inspected other
than in an official plant may request an appeal grading or inspection by
filing such request with the Regional Director in the region where the
product is located or with the Chief of the Grading Branch.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49168, Sept. 21, 1995]
Sec. 55.420 How to file an appeal.
The request for an appeal grading or inspection or review of a
grader's or inspector's decision may be made orally or in writing. If
made orally, written confirmation may be required. The applicant shall
clearly state the identity of the product, the decision which is
questioned, and the reason(s) for requesting the appeal service. If such
appeal request is based on the results stated on an official
certificate, the original and all copies of the certificate available at
the appeal grading or inspection site shall be provided to the appeal
grader or inspector assigned to make the appeal grading or inspection.
[60 FR 49168, Sept. 21, 1995]
Sec. 55.430 When an application for an appeal grading or inspection may be refused.
When it appears to the official with whom an appeal request is filed
that the reasons given in the request are frivolous or not substantial,
class, quality, quantity, or that the condition of the product has
undergone a material change since the original grading or inspection, or
that the original lot has changed in some manner, or the Act or the
regulations in this part have not been complied with, the applicant's
request for the appeal grading or inspection may be refused. In such
case, the applicant shall be promptly notified of the reason(s) for
refusal.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49168, Sept. 21, 1995]
Sec. 55.440 Who shall perform the appeal.
(a) An appeal grading or inspection or review of a decision
requested under Sec. 55.410(a) shall be made by the grader's or
inspector's immediate supervisor or by a licensed grader or inspector
assigned by the immediate supervisor other than the grader or inspector
whose grading or inspection or decision is being appealed.
(b) Appeal gradings or inspections requested under Sec. 55.410(b)
shall be performed by a grader or inspector other than the grader or
inspector who originally graded or inspected the product.
(c) Whenever practical, an appeal grading or inspection shall be
conducted jointly by two graders or inspectors. The assignment of the
grader(s) or inspector(s) who will make the appeal grading or inspection
under Sec. 55.410(b) shall be made by the Regional Director or the Chief
of the Grading Branch.
Sec. 55.450 Procedures for selecting appeal samples.
(a) Prohibition on movement of product. Products shall not have been
moved from the place where the grading or inspection being appealed was
performed and must have been maintained under adequate refrigeration,
when applicable.
(b) Laboratory analyses. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. When the original sample containers
cannot be located, the appeal sample shall consist of product taken at
random from double the number of original sample containers.
(c) Condition inspection. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. A condition appeal cannot be made unless
all originally sampled containers are available.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49168, Sept. 21, 1995]
Sec. 55.460 Appeal certificates.
Immediately after an appeal grading or inspection is completed, an
appeal certificate shall be issued to show that
[[Page 45]]
the original grading or inspection was sustained or was not sustained.
Such certificate shall supersede any previously issued certificate for
the product involved and shall clearly identify the number and date of
the superseded certificate. The issuance of the appeal certificate may
be withheld until any previously issued certificate and all copies have
been returned when such action is deemed necessary to protect the
interest of the Government. When the appeal grader or inspector assigns
a different class to the lot or determines that a net weight shortage
exists, the lot shall be retained pending correction of the labeling or
approval of the product disposition by the National Supervisor.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49168, Sept. 21, 1995]
Fees and Charges
Sec. 55.500 Payment of fees and charges.
(a) Fees and charges for any service shall be paid by the interested
party making the application for such service, in accordance with the
applicable provisions of this section and Secs. 55.510 through 55.560,
both inclusive. If so required by the grader or inspector, such fees and
charges shall be paid in advance.
(b) Fees and charges for any service shall, unless otherwise
required pursuant to paragraph (c) of this section, be paid by check,
draft, or money order payable to the Agricultural Marketing Service and
remitted promptly to AMS.
(c) Fees and charges for any service under a cooperative agreement
with any State or person shall be paid in accordance with the terms of
such cooperative agreement.
[36 FR 11795, June 19, 1971, as amended at 42 FR 2969, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 55.510 Fees and charges for services other than on a continuous resident basis.
(a) Unless otherwise provided in this part, the fees to be charged
and collected for any service (other than for an appeal) performed, in
accordance with this part on a fee basis shall be based on the
applicable rates specified in Secs. 55.510 through 55.560, both
inclusive.
(b) Fees for product inspection and sampling for laboratory analysis
will be based on the time required to perform the services. The hourly
charge shall be $33.64 and shall include the time actually required to
perform the sampling and inspection, waiting time, travel time, and any
clerical costs involved in issuing a certificate.
(c) Services rendered on Saturdays, Sundays, or legal holidays shall
be charged for at the rate of $35.52 per hour. Information on legal
holidays is available from the Supervisor.
(d) The cost of an appeal grading, inspection, laboratory analysis,
or review of a grader's or inspector's decision shall be borne by the
appellant at an hourly rate of $27.36 for time spent performing the
appeal and travel time to and from the site of the appeal, plus any
additional expenses. If the appeal grading, inspection, laboratory
analysis, or review of a grader's or inspector's decision discloses that
a material error was made in the original determination, no fee or
expenses will be charged.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 59 FR 52637, Oct. 18, 1994]
Sec. 55.530 Travel expenses and other charges.
Charges are to be made to cover the cost of travel and other
expenses incurred by the Department in connection with rendering grading
service. Such charges shall include the costs of transportation, per
diem, shipping containers, postage, and any other expenses.
[42 FR 2969, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981]
Sec. 55.560 Charges for continuous inspection and grading service on a resident basis.
Fees to be charged and collected for service on a resident basis
shall be
[[Page 46]]
those provided in this section. The fees to be charged for any appeal
grading or inspection shall be as provided in Sec. 55.510.
(a) Charges. The charges for the service shall be paid by the
applicant and shall include items listed in this section as are
applicable. Payment for the full cost of the service rendered to the
applicant shall be made by the applicant to the Agricultural Marketing
Service, U.S. Department of Agriculture. Such full costs shall comprise
such of the items listed in this section as are due and included in the
bill or bills covering the period or periods during which the grading
and inspection service was rendered. Bills will be rendered by the 10th
day following the end of the billing period in which the service was
rendered and are payable upon receipt.
(1) An inauguration charge of $310 will be made at the time an
application for service is signed except when the application is
required because of a change in name or ownership. If service is not
installed within 6 months from the date the application is filed, or if
service is inactive due to an approved request for removal of a
grader(s) or inspector(s) for a period of 6 months, the application will
be considered terminated, but a new application may be filed at any
time. In addition, there will be a charge of $300 if the application is
terminated at the request of the applicant for reasons other than for a
change in location, within 12 months from the date of the inauguration
of service.
(2) A charge for the salary and other costs, as specified in this
subparagraph, for each grader or inspector while assigned to a plant,
except that no charge will be made when the assigned grader or inspector
is temporarily reassigned by AMS to perform grading or inspection
service for other than the applicant. Base salary rates will be
determined on a national average for all official plants operating in
States under a Federal Trust Fund Agreement where Federal graders, State
graders, or a combination of Federal and State graders are used, by
averaging the salary rates paid to each Federal or State grader assigned
to such plants. Charges to plants are as follows:
(i) For all regular hours of work scheduled and approved as an
established tour of duty for a plant, the regular rate charge will be
made. The regular rate charge will be determined by adding an amount to
the base salary rate to cover the costs to AMS for such items as the
Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.)
for Old Age and Survivor's Benefits under the Social Security System,
retirement benefits, groups life insurance, severance pay, sick leave,
annual leave, additional salary and travel costs for relief grading
service, accident payments, certain moving costs, and related servicing
costs.
(ii) All hours worked by an assigned grader or inspector or another
grader or inspector in excess of the approved tour of duty, or worked on
a nonscheduled workday, or actually worked on a holiday in excess of the
tour of duty, will be considered as overtime. The charge for such
overtime will be 150 percent of the grader's or inspector's base salary
rate.
(iii) For work performed on a holiday which is within the
established tour of duty approved for a plant, the added charge will be
the same as the grader's or inspector's base rate.
(iv) For work performed between 6 p.m. and 6 a.m., night
differential charges (for regular, overtime, or holiday hours worked
during this period) will be at the applicable rates established plus 10
percent of the base rate.
(v) For work performed on Sunday, Sunday differential charges (for
regular, overtime, or holiday hours worked on Sunday) will be at the
applicable rates established plus 25 percent of the base rate.
(vi) For all hours of work performed in a plant without an approved
tour of duty, the charge will be one of the applicable hourly rates in
Sec. 55.510.
(3) An administrative service charge equal to 25 percent of the
grader's or inspector's total salary costs. A minimum charge of $215
will be made each billing period. The minimum charge also applies where
an approved application is in effect and no product is handled.
[[Page 47]]
(b) Other provisions. (1) The applicant shall designate in writing
the employees of the applicant who will be required and authorized to
furnish each grader or inspector with such information as may be
necessary for the performance of the service.
(2) AMS will provide, as available, an adequate number of graders or
inspectors to perform the service. The number of graders or inspectors
required will be determined by AMS based on the expected demand for
service.
(3) The service shall be provided at designated locations and shall
be continued until the service is suspended, withdrawn, or terminated
by:
(i) Mutual consent;
(ii) Thirty (30) days' written notice, by either the applicant or
AMS specifying the date of suspension, withdrawal, or termination;
(iii) One (1) day's written notice by AMS to the applicant if the
applicant fails to honor any invoice within thirty (30) days after date
of invoice covering the cost of the grading and inspection service; or
(iv) Action taken by AMS pursuant to the provisions of Sec. 55.180
or Sec. 55.200.
(4) Graders or inspectors will be required to confine their
activities to those duties necessary in the rendering of service and
such closely related activities as may be approved by the Administrator.
(5) When similar services are furnished to the same applicant under
part 56 or part 70 of this chapter, the charges listed in this section
shall not be repeated.
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Editorial Note: For Federal Register citations affecting
Sec. 55.560, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 55.570 Fees for service performed under cooperative agreement.
The fees to be charged and collected for any service performed under
cooperative agreement shall be those provided for by such agreement.
Sanitary and Processing Requirements
Sec. 55.600 General.
Except as otherwise approved by the Administrator, the sanitary,
processing, and facility requirements, as applicable, shall be the same
for the product processed under this part as for egg products processed
under Secs. 59.500 through 59.580(c) of this chapter and Sec. 55.650.
Sec. 55.650 Inspection and grading.
Examinations of the ingredients, processing, and the product shall
be made to assure the production of a wholesome, unadulterated, and
properly labeled product. Such examinations include, but are not being
limited to:
(a) Sanitation checks of plant premises, facilities, equipment, and
processing operations.
(b) Checks on ingredients and additives used in products to assure
that they are not adulterated, are fit for use as human food, and are
stored, handled, and used in a sanitary manner.
(c) Examination of the eggs or egg products used in the products to
assure they are wholesome, not adulterated, and comply with the
temperature, pasteurization, or other applicable requirements.
(d) Inspection during the processing and production of the product
to determine compliance with any applicable standard or specification
for such product.
(e) Examination during processing of the product to assure
compliance with approved formulas and labeling.
(f) Test weighing and organoleptic examinations of finished product.
Subpart B--Official U.S. Standards for Palatability Scores for Dried
Whole Eggs
Sec. 55.800 Preparation of samples for palatability test.
Reconstitute 33 grams of dried whole egg powder as completely as
possible with 90 grams of distilled water in a suitable, clean
container. Add the water and mix until the mixture is smooth and free
from lumps. Place the container in gently boiling water and
[[Page 48]]
stir the mixture while coagulation takes place. When coagulated to the
consistency of scrambled eggs, the sample is ready for the palatability
test.
Sec. 55.820 Palatability scores for dried whole eggs.
The palatability score of the prepared sample shall be determined by
a panel of officially qualified graders of dried eggs of the
Agricultural Marketing Service, and shall be rated in accordance with
the following table:
------------------------------------------------------------------------
Score Description of Quality
------------------------------------------------------------------------
8...................................... No detectable off flavor,
comparable to high quality
fresh shell eggs.
7\1/2\................................. Very slight off flavor.
7...................................... Slight but not unpleasant off
flavor.
6\1/2\................................. Definite but not unpleasant off
flavor.
6...................................... Pronounced off flavor (slightly
unpleasant).
5...................................... Unpleasant off flavor.
4...................................... Definite unpleasant off flavor.
3...................................... Pronounced unpleasant off
flavor.
2...................................... Repulsive flavor.
1...................................... Definite repulsive flavor.
0...................................... Pronounced repulsive flavor.
------------------------------------------------------------------------
[36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Definitions
Sec.
56.1 Meaning of words and terms defined.
56.2 Designation of official certificates, memoranda, marks, other
identifications, and devices for purposes of the Agricultural
Marketing Act.
Administration
56.3 Administration.
General
56.4 Basis of grading service.
56.5 Accessibility and condition of product.
56.6 Supervision.
56.8 Other applicable regulations.
56.9 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
Licensed Graders
56.10 Who may be licensed.
56.11 Authorization to perform limited grading services.
56.12 Suspension of license; revocation.
56.13 Cancellation of license.
56.14 Surrender of license.
56.15 Political activity.
56.16 Identification.
56.17 Facilities and equipment for graders.
56.18 Schedule of operation of official plants.
Application for Grading
56.20 Who may obtain grading service.
56.21 How application for service may be made; conditions of service.
56.22 Filing of application.
56.23 Form of application.
56.24 When application may be rejected.
56.25 When application may be withdrawn.
56.26 Authority of applicant.
56.27 Order of service.
Violations
56.30 Report of violations.
Denial of Service
56.31 Debarment.
56.32 Retention authorities.
Identifying and Marking Products
56.35 Authority to use, and approval of official identification.
56.36 Form of grademark and information required.
56.37 Lot marking of officially identified product.
56.38 [Reserved]
Prerequisites to Packaging Shell Eggs Identified With Consumer
Grademarks
56.39 Quality assurance inspector required.
56.40 Grading requirements of shell eggs identified with consumer
grademarks.
56.41 Check grading officially identified product.
56.42-56.43 [Reserved]
Fees and Charges
56.45 Payment for fees and charges.
56.46 On a fee basis.
56.47 Fees for appeal grading or review of a grader's decision.
56.49 Travel expenses and other charges.
56.52 Continuous grading performed on a resident basis.
56.53 Fees or charges for grading service performed under cooperative
agreement.
56.54 Charges for continuous grading performed on a nonresident basis.
Grading Certificates
56.55 Grading certificates and sampling report forms.
56.56 Grading certificate issuance.
56.57 Disposition of grading certificates.
56.58 Advance information.
[[Page 49]]
Appeal of a Grading or Decision
56.60 Who may request an appeal grading or review of a grader's
decision.
56.61 Where to file an appeal.
56.62 How to file an appeal.
56.63 When an application for an appeal grading may be refused.
56.64 Who shall perform the appeal.
56.65 Procedures for appeal gradings.
56.66 Appeal grading certificates.
Facility Requirements
56.75 Applicability of facility and operating requirements.
56.76 Minimum facility and operating requirements for shell egg grading
and packing plants.
56.77 Health and hygiene of personnel.
Authority: 7 U.S.C. 1621-1627.
Subpart A--Grading of Shell Eggs
Definitions
Sec. 56.1 Meaning of words and terms defined.
For the purpose of the regulations in this part, words in the
singular shall be deemed to import the plural and vice versa, as the
case may demand, and unless the context otherwise requires, the
following terms shall be construed, respectively, as follows:
Act means the applicable provisions of the Agricultural Marketing
Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621 et seq.), or any other act of
Congress conferring like authority.
Administrator means the Administrator of the Agricultural Marketing
Service of the Department or any other officer or employee of the
Department to whom there has heretofore been delegated, or to whom there
may hereafter be delegated the authority to act in his stead.
Applicant means an interested party who requests any grading
service, appeal grading, or regrading with respect to any product.
Cage mark means any stain-type mark caused by an egg coming in
contact with a material that imparts a rusty or blackish appearance to
the shell.
Case means, when referring to containers, an egg case, as used in
commercial practice in the United States, holding 30 dozens of shell
eggs.
Chief of the Grading Branch means the Chief of the Poultry Grading
Branch of the Poultry Division, Agricultural Marketing Service.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same
kind, species, or method of processing.
Condition means any condition (including, but not being limited to,
the state of preservation, cleanliness, soundness, wholesomeness, or
fitness for human food) of any product which affects its
merchantability.
Department means the United States Department of Agriculture.
Eggs of current production means shell eggs which have moved through
usual marketing channels since the time they were laid and have not been
held in refrigerated storage in excess of 30 days. ``Refrigerator or
storage eggs'' means shell eggs which have been held under refrigeration
for a period of more than 30 days.
Grader means any employee of the Department authorized by the
Secretary, or any other person to whom a license has been issued by the
Secretary, to investigate and certify, in accordance with the act and
this part, to shippers of products and other interested parties the
class, quality, quantity, and condition of such products.
Grading or grading service means: (1) The act whereby a grader
determines, according to the regulations in this part, the class,
quality, quantity, or condition of any product by examining each unit
thereof or each unit of the representative sample thereof drawn by a
grader and issues a grading certificate with respect thereto, except
that with respect to grading service performed on a resident basis the
issuance of a grading certificate shall be pursuant to a request
therefor by the applicant or the Service; (2) the act whereby the grader
identifies, according to the regulations in this part, the graded
product; (3) continuous supervision, in an official plant, of the
handling or packaging of any product; and (4) any regrading or any
appeal grading of a previously graded product.
Grading certificate means a statement, either written or printed,
issued by a grader pursuant to the act and this
[[Page 50]]
part, relative to the class, quantity, quality, or condition of
products.
Holiday or legal holiday shall mean the legal public holidays
specified by the Congress in paragraph (a) of section 6103, title 5, of
the United States Code.
Interested party means any person financially interested in a
transaction involving any grading, appeal grading, or regrading of any
product.
National supervisor means (1) the officer in charge of the shell egg
grading service of the Agricultural Marketing Service, and (2) such
other employees of the Service as may be designated by him.
Nest run eggs means eggs which are packed as they come from the
production facilities without having been washed, sized and/or candled
for quality, with the exception that some Checks, Dirties, or other
obvious undergrades may have been removed.
Office of grading means the office of any grader.
Official plant means any plant in which the facilities and methods
of operation therein have been found by the Administrator to be suitable
and adequate for grading service in accordance with this part and in
which grading service is carried on.
Origin grading is a grading made on a lot of eggs at a plant where
the eggs are graded and packed.
Person means any individual, partnership, association, business
trust, corporation, or any organized group of persons, whether
incorporated or not.
Potable water means water that has been approved by the State health
authority or agency or laboratory acceptable to the Administrator as
safe for drinking and suitable for food processing.
Product or products means shell eggs of the domesticated chicken.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Quality assurance inspector means any designated company employee
other than the plant owner, manager, foreman, or supervisor, authorized
by the Secretary to examine product and to supervise the labeling,
dating, and lotting of officially graded shell eggs and to assure that
such product is packaged under sanitary conditions, graded by authorized
personnel, and maintained under proper inventory control until released
by an employee of the Department.
Regional director means any employee of the Department in charge of
the shell egg grading service in a designated geographical area.
Regulations means the provisions in this part.
Sampling means the act of taking samples of any product for grading.
Secretary means the Secretary of the Department or any other officer
or employee of the Department to whom there has heretofore been
delegated, or to whom there may hereafter be delegated, the authority to
act in his stead.
Service means the Agricultural Marketing Service of the Department.
Shell eggs means shell eggs of domesticated chickens.
Shell protected means eggs which have had a protective covering such
as oil applied to the shell surface. The product used shall be
acceptable to the Food and Drug Administration.
Washed ungraded eggs means eggs which have been washed but not sized
or segregated for quality.
[20 FR 669, Feb. 1, 1955]
Editorial Note: For Federal Register citations affecting Sec. 56.1,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 56.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or other identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said act, and
certain misrepresentations concerning the grading of agricultural
products under said section. For the purposes of said subsection and the
provisions in this part, the terms listed in this section shall have the
respective meanings specified:
[[Page 51]]
(a) Official certificate means any form of certification, either
written or printed, used under this part to certify with respect to the
sampling, class, grade, quality, size, quantity, or condition of
products (including the compliance of products with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading or sampling pursuant to
this part, any processing or plant-operation report made by an
authorized person in connection with grading or sampling under this
part, and any report made by an authorized person of services performed
pursuant to this part.
(c) Official mark means the grademark and any other mark, or any
variations in such marks approved by the Administrator and authorized to
be affixed to any product, or affixed to or printed on the packaging
material of any product, stating that the product was graded, or
indicating the appropriate U.S. grade or condition of the product, or
for the purpose of maintaining the identity of products graded under
this part, including but not limited to, those set forth in Sec. 56.36.
(d) Official identification means any United States (U.S.) standard
designation of class, grade, quality, size, quantity, or condition
specified in this part or any symbol, stamp, label or seal indicating
that the product has been officially graded and/or indicating the class,
grade, quality, size, quantity, or condition of the product approved by
the Administrator and authorized to be affixed to any product, or
affixed to or printed on the packaging material of any product.
(e) Official device means a stamping appliance, branding device,
stencil, printed label, or any other mechanically or manually operated
tool that is approved by the Administrator for the purpose of applying
any official mark or other identification to any product or the
packaging material thereof.
[28 FR 6341, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Administration
Sec. 56.3 Administration.
(a) The Administrator shall perform, for and under the supervision
of the Secretary, such duties as the Secretary may require in the
enforcement or administration of the provisions of the Act and this
part. The Administrator is authorized to waive for limited periods any
particular provisions of the regulations in this part to permit
experimentation so that new procedures, equipment, and processing
techniques may be tested to facilitate definite improvements and at the
same time to determine full compliance with the spirit and intent of the
regulations in this part. The Agricultural Marketing Service and its
officers and employees shall not be liable in damages through acts of
commission or omission in the administration of this part.
(b) The conduct of all services and the licensing of graders under
these regulations shall be accomplished without discrimination as to
race, color, national origin, religion, age, sex, or disability.
[20 FR 670, Feb. 1, 1955, as amended at 38 FR 26798, Sept. 26, 1973; 42
FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60 FR
12402, Mar. 7, 1995]
General
Sec. 56.4 Basis of grading service.
(a) Any grading service in accordance with the regulations in this
part shall be for class, quality, quantity, or condition or any
combination thereof. Grading service with respect to the determination
of the quality of products shall be on the basis of the ``United States
Standards, Grades, and Weight Classes'' as contained in subpart C of
this part. However, grading service may be rendered with respect to
products which are bought and sold on the basis of institutional
contract specifications or specifications of the applicant and such
service, when approved by the Administrator, shall be rendered on the
basis of such specifications. The supervision of packaging shall be in
accordance with such instructions as
[[Page 52]]
may be approved or issued by the Administrator.
(b) Whenever grading service is performed on a representative sample
basis, such sample shall be drawn and consist of not less than the
minimum number of cases as indicated in the following table. A minimum
of one hundred eggs shall be examined per sample case. For lots which
consist of less than 1 case, a minimum of 50 eggs shall be examined. If
the lot consists of less than 50 eggs, all eggs will be examined.
Minimum Number of Cases Comprising a Representative Sample
------------------------------------------------------------------------
Cases in
Cases in lot sample
------------------------------------------------------------------------
1 case....................................................... 1
2 to 10, inclusive........................................... 2
11 to 25, inclusive.......................................... 3
26 to 50, inclusive.......................................... 4
51 to 100, inclusive......................................... 5
101 to 200, inclusive........................................ 8
201 to 300, inclusive........................................ 11
301 to 400, inclusive........................................ 13
401 to 500, inclusive........................................ 14
501 to 600, inclusive........................................ 16
------------------------------------------------------------------------
For each additional 50 cases, or fraction thereof, in excess of 600
cases, one additional case shall be included in the sample.
[20 FR 670, Feb. 1, 1955, as amended at 22 FR 8167, Oct. 16, 1957; 28 FR
6342, June 20, 1963; 42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR
32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31,
1981]
Sec. 56.5 Accessibility and condition of product.
Each product for which grading service is requested shall be so
conditioned and placed as to permit a proper determination of the class,
quality, quantity, or condition of such product.
[20 FR 670, Feb. 1, 1955, as amended at 27 FR 10317, Oct. 23, 1962.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 56.6 Supervision.
All grading service shall be subject to supervision at all times by
the applicable State supervisor, regional director and national
supervisor. Such service shall be rendered where the facilities and
conditions are satisfactory for the conduct of the service and the
requisite graders are available. Whenever the supervisor of a grader has
evidence that such grader incorrectly graded a product, such supervisor
shall take such action as is necessary to correct the grading and to
cause any improper grademarks which appear on the product or the
containers thereof to be corrected prior to shipment of the product from
the place of initial grading.
[40 FR 20055, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981]
Sec. 56.8 Other applicable regulations.
Compliance with the regulations in this part shall not excuse
failure to comply with any other Federal, or any State, or municipal
applicable laws or regulations.
[20 FR 670, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.9 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR part 56 pursuant to the
Paperwork Reduction Act of 1980, Pub. L. 96-511.
(b) Display.
------------------------------------------------------------------------
Current OMB
7 CFR section where identified and described control
number
------------------------------------------------------------------------
56.3(a).................................................... 0581-0128
56.4(a).................................................... 0581-0128
56.10(a)................................................... 0581-0128
56.11...................................................... 0581-0128
56.12...................................................... 0581-0128
56.17(b)................................................... 0581-0128
56.18...................................................... 0581-0128
56.21(a)................................................... 0581-0128
56.21(b)................................................... 0581-0128
56.23...................................................... 0581-0128
56.24...................................................... 0581-0128
56.25...................................................... 0581-0128
56.26...................................................... 0581-0128
56.30...................................................... 0581-0128
56.31(a)................................................... 0581-0128
56.35(b)................................................... 0581-0128
56.35(c)................................................... 0581-0128
56.37...................................................... 0581-0128
56.52(a)(1)................................................ 0581-0128
56.52(a)(4)................................................ 0581-0128
56.52(b)(1)................................................ 0581-0128
56.52(b)(3)(ii)............................................ 0581-0128
56.54(b)(1)................................................ 0581-0128
56.54(b)(3)(ii)............................................ 0581-0128
56.56(a)................................................... 0581-0128
56.57...................................................... 0581-0128
56.58...................................................... 0581-0128
56.60...................................................... 0581-0128
[[Page 53]]
56.62...................................................... 0581-0128
56.76(e)(6)................................................ 0581-0128
56.76(g)................................................... 0581-0128
------------------------------------------------------------------------
[48 FR 56565, Dec. 22, 1983, as amended at 52 FR 23935, June 26, 1987]
Licensed Graders
Sec. 56.10 Who may be licensed.
(a) Except as otherwise provided in paragraph (c) of this section,
any person who is a Federal or State employee, the employee of a local
jurisdiction, or the employee of a cooperating agency possessing proper
qualifications as determined by an examination for competency and who is
to perform grading service under this part, may be licensed by the
Secretary as a grader.
(b) All licenses issued by the Secretary shall be countersigned by
the officer in charge of the poultry grading service of the Agricultural
Marketing Service or any other designated officer of such Service.
(c) No person may be licensed to grade or sample any product in
which he is financially interested.
[20 FR 670, Feb. 1, 1955, as amended at 28 FR 6342, June 20, 1963; 37 FR
12918, June 30, 1972. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.11 Authorization to perform limited grading services.
Any person who is employed by any official plant and possesses
proper qualifications, as determined by the Administrator, may be
authorized to candle and grade eggs on the basis of the ``U.S. Standards
for Quality of Individual Shell Eggs,'' with respect to eggs purchased
from producers or eggs to be packaged with official identification. In
addition, such authorization may be granted to any qualified person to
act as a ``quality assurance inspector'' in the packaging and grade
labeling of products. No person to whom such authorization is granted
shall have authority to issue any grading certificates, grading
memoranda, or other official documents; and all eggs which are graded by
any such person shall thereafter be check graded by a grader.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.12 Suspension of license; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform grading service may, whenever he deems
such action necessary to assure that any grading service is properly
performed, suspend any license to perform grading service issued
pursuant to this part, by giving notice of such suspension to the
respective licensee, accompanied by a statement of the reasons therefor.
Within 7 days after the receipt of the aforesaid notice and statement of
reasons, the licensee may file an appeal in writing, with the Secretary,
supported by any argument or evidence that he may wish to offer as to
why his license should not be further suspended or revoked. After the
expiration of the aforesaid 7-day period and consideration of such
argument and evidence, the Secretary will take such action as he deems
appropriate with respect to such suspension or revocation. When no
appeal is filed within the prescribed 7 days, the license to perform
grading service is revoked.
[35 FR 19327, Dec. 22, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.13 Cancellation of license.
Upon termination of his services as a grader, each licensee shall
surrender his license immediately for cancellation.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.14 Surrender of license.
Each license which is canceled, suspended, or has expired shall
immediately be surrendered by the licensee to the office of grading
serving the area in which he is located.
[31 FR 2773, Feb. 16, 1966. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[[Page 54]]
Sec. 56.15 Political activity.
All graders are forbidden during the period of their respective
appointments or licenses, to take an active part in political management
or in political campaigns. Political activity in city, county, State, or
national elections, whether primary or regular, or in behalf of any
party or candidate, or any measure to be voted upon, is prohibited. This
applies to all appointees, including, but not being limited to,
temporary and cooperative employees, and employees on leave of absence
with or without pay. Willful violation of this section will constitute
grounds for dismissal in the case of appointees and revocation of
licenses in the case of licensees.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.16 Identification.
All graders shall each have in possession at all times, and present
upon request, while on duty, the means of identification furnished by
the Department to such person.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.17 Facilities and equipment for graders.
Facilities and equipment to be furnished by the applicant for use of
graders in performing service on a resident basis shall include (when
deemed necessary) the following:
(a)(1) An accurate metal stem thermometer;
(2) Electronic digital-display scales graduated in increments of \1/
10\-ounce or less for weighing individual eggs and test weights for
calibrating such scales. Plants packing product based on metric weight
must provide scales graduated in increments of 1-gram or less;
(3) Electronic digital-display scales graduated in increments of \1/
4\-ounce or less for weighing the lightest and heaviest consumer
packages packed in the plant and test weights for calibrating such
scales;
(4) Scales graduated in increments of \1/4\-pound or less for
weighing shipping containers and test weights for calibrating such
scales;
(5) An acceptable candling light.
(b) Furnished office space, a desk and file or storage cabinets
(equipped with a satisfactory locking device), suitable for the security
and storage of official stamps and supplies, and other facilities and
equipment as may otherwise be required. Such space and equipment must
meet the approval of the National supervisor.
[32 FR 8230, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995; 63 FR 13330,
Mar. 19, 1998]
Sec. 56.18 Schedule of operation of official plants.
Grading operating schedules for services performed pursuant to
Secs. 56.52 and 56.54 shall be requested in writing and be approved by
the Administrator. Normal operating schedules for a full week consist of
a continuous 8-hour period per day (excluding not to exceed 1 hour for
lunch), 5 consecutive days per week, within the administrative workweek,
Sunday through Saturday, for each shift required. Less than 8-hour
schedules may be requested and will be approved if a grader is
available. Clock hours of daily operations need not be specified in the
request, although as a condition of continued approval, the hours of
operation shall be reasonably uniform from day to day. Graders are to be
notified by management 1 day in advance of any change in the hours
grading service is requested.
[48 FR 20683, May 9, 1983]
Application for Grading
Sec. 56.20 Who may obtain grading service.
An application for grading service may be made by any interested
person, including, but not being limited to, the United States, any
State, county, municipality, or common carrier, and any authorized agent
of the foregoing.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[[Page 55]]
Sec. 56.21 How application for service may be made; conditions of service.
(a) Noncontinuous grading service on a fee basis. An application for
any noncontinuous grading service on a fee basis may be made in any
office of grading, or with any grader at or nearest the place where the
service is desired. Such application may be made orally (in person or by
telephone), in writing, or by telegraph. If the application for grading
service is made orally, the office of grading or the grader with whom
such application is made, or the Administrator, may require that the
application be confirmed in writing.
(b) Continuous grading service on a resident basis or continuous
grading service on a nonresident basis. An application for continuous
grading service on a resident basis or for continuous grading service on
a nonresident basis must be made in writing on forms approved by the
Administrator and filed with the Administrator. Such forms may be
obtained at the national, regional, or State grading office. In making
application, the applicant agrees to comply with the terms and
conditions of the regulations (including, but not being limited to, such
instructions governing grading of products as may be issued from time to
time by the Administrator). No member of or Delegate to Congress or
Resident Commissioner shall be admitted to any benefit that may arise
from such service unless derived through service rendered a corporation
for its general benefit.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.22 Filing of application.
An application for grading or sampling of a specified lot of any
product shall be regarded as filed only when made pursuant to this part.
[28 FR 6342, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.23 Form of application.
Each application for grading or sampling a specified lot of any
product shall include such information as may be required by the
Administrator in regard to the product and the premises where such
product is to be graded or sampled.
[28 FR 6342, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.24 When application may be rejected.
An application for grading service may be rejected by the
Administrator (a) whenever the applicant fails to meet the requirements
of the regulations prescribing the conditions under which the service is
made available; (b) whenever the product is owned by or located on the
premises of a person currently denied the benefits of the act; (c) where
any individual holding office or a responsible position with or having a
substantial financial interest or share in the applicant is currently
denied the benefits of the act or was responsible in whole or in part
for the current denial of the benefits of the act to any person; (d)
where the Administrator determines that the application is an attempt on
the part of a person currently denied the benefits of the act to obtain
grading services; (e) whenever the applicant fails to bring the plant
facilities, and operating procedures into compliance with the
regulations within a reasonable period of time; (f) notwithstanding any
prior approval whenever, before inauguration of service, the applicant
fails to fulfill commitments concerning the inauguration of the service;
(g) when it appears that to perform the services specified in this part
would not be to the best interests of the public welfare or of the
Government; or (h) when it appears to the Administrator that prior
commitments of the Department necessitate rejection of the application.
Each such applicant shall be promptly notified by registered mail of the
reasons for the rejection. A written petition for reconsideration of
such rejection may be filed by the applicant with the Administrator if
postmarked or delivered within 10 days after the receipt of notice of
the rejection. Such petition shall state specifically the errors alleged
to have been made by the Administrator in rejecting the application.
Within 20 days following the receipt of such a petition for
reconsideration, the Administrator shall approve
[[Page 56]]
the application or notify the applicant by registered mail of the
reasons for the rejection thereof.
[28 FR 6342, June 20, 1963, as amended at 42 FR 2970, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 56.25 When application may be withdrawn.
An application for grading service may be withdrawn by the applicant
at any time before the service is performed upon payment, by the
applicant, of all expenses incurred by the Service in connection with
such application.
[20 FR 671, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.26 Authority of applicant.
Proof of the authority of any person applying for any grading
service may be required at the discretion of the Administrator.
[20 FR 671, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.27 Order of service.
Grading service shall be performed, insofar as practicable, in the
order in which applications therefor are made except that precedence may
be given to any application for an appeal grading.
[20 FR 671, Feb. 1, 1955; 20 FR 757, Feb. 4, 1955, as amended at 42 FR
2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981]
Violations
Sec. 56.30 Report of violations.
Each grader, shall report in the manner prescribed by the
Administrator, all violations and noncompliances under the Act and this
part of which such grader, has knowledge.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Denial of Service
Sec. 56.31 Debarment.
(a) The following acts or practices or the causing thereof may be
deemed sufficient cause for the debarment by the Administrator, of any
person, including any agents, officers, subsidiaries or affiliates of
such person, from all benefits of the act for a specific period. The
rules of practice governing withdrawal of grading services in formal
adjudicatory proceedings instituted by the Secretary (7 CFR, part 1,
subpart H) shall be applicable to such debarment action.
(1) Misrepresentation, deceptive, or fraudulent act or practice. Any
willful misrepresentation or any deceptive or fraudulent act or practice
found to be made or committed by any person in connection with:
(i) The making or filing of an application for any grading service
or appeal service;
(ii) The making of the product accessible for sampling or grading;
(iii) The making, issuing, or using or attempting to issue or use
any grading certificate, symbol, stamp, label, seal, or identification
authorized pursuant to the regulations in this part;
(iv) The use of the terms ``United States'' or ``U.S.'' in
conjunction with the grade of the product;
(v) The use of any of the aforesaid terms or any official stamp,
symbol, label, seal, or identification in the labeling or advertising of
any product; or
(vi) The use of the terms ``Government Graded,'' ``Federal-State
Graded'' or terms of similar import in the labeling or advertising of
any product.
(2) Use of facsimile forms. Using or attempting to use a form which
simulates in whole or in part any certificate, symbol, stamp, label,
seal or identification authorized to be issued or used under the
regulations in this part.
(3) Willful violation of the regulations. Any willful violation of
the regulations in this part or the act.
(4) Interfering with a grader or employee of the Service. Any
interference with or obstruction or any attempted
[[Page 57]]
interference or obstruction of or assault upon any grader, licensee, or
employee of the Service in the performance of his duties. The giving or
offering, directly or indirectly, of any money, loan, gift, or anything
of value to an employee of the Service or the making or offering of any
contribution to or in any way supplementing the salary, compensation or
expenses of an employee of the Service or the offering or entering into
a private contract or agreement with an employee of the Service for any
services to be rendered while employed by the Service.
(5) Misleading labeling. The use of the terms ``Government Graded'',
``Federal-State Graded'', or terms of similar import in the labeling or
advertising of any product without stating in the label or advertisement
the U.S. grade of the product as determined by an authorized grader.
(6) Miscellaneous. The existence of any of the conditions set forth
in Sec. 56.24 constituting the basis for the rejection of an application
for grading service.
[20 FR 9895, Dec. 23, 1955, as amended at 28 FR 6343, June 20, 1963; 35
FR 5664, Apr. 8, 1970; 42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR
32514, June 27, 1977, and further redesignated at 43 FR 60138, Dec. 26,
1978, and at 46 FR 63203, Dec. 31, 1981]
Sec. 56.32 Retention authorities.
A grader may use retention tags or other devices and methods as
approved by the Administrator for the identification and control of
shell eggs which are not in compliance with the regulations or are held
for further examination and for any equipment, utensils, rooms or
compartments which are found unclean or otherwise in violation of the
regulations. Any such item shall not be released until in compliance
with the regulations and retention identification shall not be removed
by anyone other than a grader.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Identifying and Marking Products
Sec. 56.35 Authority to use, and approval of official identification.
(a) Authority to use official identification. Authority to
officially identify product graded pursuant to this part is granted only
to applicants who make the services of a grader or quality assurance
inspector available for use in accordance with this part. Packaging
materials bearing official identification marks shall be approved
pursuant to Secs. 56.35 to 56.37, inclusive, and shall be used only for
the purpose for which approved and prescribed by the Administrator. Any
unauthorized use or disposition of approved labels or packaging
materials which bear any official identification may result in
cancellation of the approval and denial of the use of labels or
packaging materials bearing official identification or denial of the
benefits of the Act pursuant to the provisions of Sec. 56.31.
(b) Approval of official identification. No label, container, or
packaging material which bears official identification may contain any
statement that is false or misleading. No label, container, or packaging
material bearing official identification may be printed or prepared for
use until the printers' or other final proof has been approved by the
Administrator in accordance with the regulations in this part, the
Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling
Act, and the regulations promulgated under these acts. The use of
finished labels must be approved as prescribed by the Administrator. A
grader may apply official identification stamps to shipping containers
if they do not bear any statement that is false or misleading. If the
label is printed or otherwise applied directly to the container, the
principal display panels of such container shall for this purpose be
considered as the label. The label shall contain the name, address, and
ZIP Code of the packer or distributor of the product, the name of the
product, a statement of the net contents of the container, and the U.S.
grademark.
(c) Nutritional labeling. Nutrition information must be included
with the labeling on each unit container of consumer packaged shell eggs
in accordance with the provisions of Title 21, Chapter I, Part 101,
Regulations for the Enforcement of the Federal Food, Drug, and Cosmetic
Act and the Fair Packaging and Labeling Act. The nutrition information
included on labels
[[Page 58]]
is subject to review by the Food and Drug Administration prior to
approval by the Department.
[40 FR 20055, May 8, 1975, as amended at 42 FR 2970, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995]
Sec. 56.36 Form of grademark and information required.
(a) Form of official identification symbol and grademark. (1) The
shield set forth in Figure 1 of this section shall be the official
identification symbol for purposes of this part and when used, imitated,
or simulated in any manner in connection with shell eggs, shall be
deemed prima facia to constitute a representation that the product has
been officially graded for the purposes of Sec. 56.2.
(2) Except as otherwise authorized, the grademark permitted to be
used to officially identify USDA consumer-graded shell eggs shall be of
the form and design indicated in Figures 2 through 4 of this section.
The shield shall be of sufficient size so that the printing and other
information contained therein is legible and in approximately the same
proportion as shown in these figures.
(3) The ``Produced From'' grademark in Figure 5 of this section may
be used to identify products for which there are no official U.S. grade
standards (e.g., pasteurized shell eggs), provided that these products
are approved by the Agency and are prepared from U.S. Consumer Grade AA
or A shell eggs under the continuous supervision of a grader.
(b) Information required on grademark. (1) Except as otherwise
authorized by the Administrator, each grademark used shall include the
letters ``USDA'' and the U.S. grade of the product it identifies, such
as ``A Grade,'' as shown in Figure 2 of this section. Such information
shall be printed with the shield and the wording within the shield in
contrasting colors in a manner such that the design is legible and
conspicuous on the material upon which it is printed.
(2) The size or weight class of the product, such as ``Large,'' may
appear within the grademark as shown in Figure 3 of this section. If the
size or weight class is omitted from the grademark, it must appear
prominently on the main panel of the carton.
(3) Except as otherwise authorized, the bands of the shield in
Figure 4 of this section shall be displayed in three colors, with the
color of the top, middle, and bottom bands being blue, white, and red,
respectively.
(4) The ``Produced From'' grademark in Figure 5 of this section may
be any one of the designs shown in Figures 2 through 4 of this section.
The text outside the shield shall be conspicuous, legible, and in
approximately the same proportion and close proximity to the shield as
shown in Figure 5 of this section.
(5) The plant number of the official plant preceded by the letter
``P'' must be shown on each carton or packaging material.
[GRAPHIC] [TIFF OMITTED] TR19MR98.011
[GRAPHIC] [TIFF OMITTED] TR19MR98.012
[[Page 59]]
[GRAPHIC] [TIFF OMITTED] TR19MR98.013
[GRAPHIC] [TIFF OMITTED] TR19MR98.014
[GRAPHIC] [TIFF OMITTED] TR19MR98.015
[63 FR 13330, Mar. 19, 1998]
Sec. 56.37 Lot marking of officially identified product.
Each carton identified with the grademarks shown in Sec. 56.36 shall
be legibly lot numbered on either the carton or the consumer package.
The lot number shall be the consecutive day of the year on which the
eggs were packed (e.g., 132), except other lot numbering systems may be
used when submitted in writing and approved by the Administrator.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995; 63 FR 13331,
Mar. 19, 1998]
Sec. 56.38 [Reserved]
Prerequisites to Packaging Shell Eggs Identified With Consumer
Grademarks
Sec. 56.39 Quality assurance inspector required.
The official identification of any graded product as provided in
Secs. 56.35 to 56.41, inclusive, shall be done only under the
supervision of a grader or quality assurance inspector. The grader or
quality assurance inspector shall have supervision over the use and
handling of all material bearing any official identification.
[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981]
Sec. 56.40 Grading requirements of shell eggs identified with consumer grademarks.
(a) Shell eggs to be identified with the grademarks illustrated in
Sec. 56.36 must be individually graded by a grader or by authorized
personnel pursuant to Sec. 56.11 and thereafter check graded by a
grader.
(b) Shell eggs not graded in accordance with paragraph (a) of this
section may be officially graded on a sample basis and the shipping
containers may be identified with grademarks which contain the words
``Sample Graded'' and which are approved by the Administrator.
(c) Shell eggs which are to bear the U.S. consumer grademark shall
be packed only from eggs of current production. They shall not possess
any undesirable odors or flavors.
[32 FR 8231, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39571, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 63 FR 13331, Mar. 19, 1998]
[[Page 60]]
Sec. 56.41 Check grading officially identified product.
Officially identified shell eggs packed or received in an official
plant may be subject to final check grading prior to their shipment.
Such product found not to be in compliance with the assigned official
grade shall be placed under a retention tag until it is regraded to
comply with the grade assigned or until the official identification is
removed.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Secs. 56.42-56.43 [Reserved]
Fees and Charges
Sec. 56.45 Payment for fees and charges.
(a) Fees and charges for any grading service shall be paid by the
interested party making the application for such grading service, in
accordance with the applicable provisions of this section and
Secs. 56.46 to 56.54, both inclusive; and, if so required by the grader,
such fees and charges shall be paid in advance.
(b) Fees and charges for any grading service shall, unless otherwise
required pursuant to paragraph (c) of this section, be paid by check,
draft, or money order payable to the Agricultural Marketing Service and
remitted promptly to the Service.
(c) Fees and charges for any grading service under a cooperative
agreement with any State or person shall be paid in accordance with the
terms of such cooperative agreement.
[33 FR 20004, Dec. 31, 1968 and 42 FR 2971, Jan. 14, 1977. Redesignated
at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203,
Dec. 31, 1981]
Sec. 56.46 On a fee basis.
(a) Unless otherwise provided in this part, the fees to be charged
and collected for any service performed, in accordance with this part,
on a fee basis shall be based on the applicable rates specified in this
section.
(b) Fees for grading services will be based on the time required to
perform the services. The hourly charge shall be $44.80 and shall
include the time actually required to perform the grading, waiting time,
travel time, and any clerical costs involved in issuing a certificate.
(c) Grading services rendered on Saturdays, Sundays, or legal
holidays shall be charged for at the rate of $51.60 per hour.
Information on legal holidays is available from the Supervisor.
[63 FR 52133, Sept. 30, 1998]
Sec. 56.47 Fees for appeal grading or review of a grader's decision.
The cost of an appeal grading or review of a grader's decision shall
be borne by the appellant on a fee basis at rates set forth in
Sec. 56.46, plus any travel and additional expenses. If the appeal
grading or review of a grader's decision discloses that a material error
was made in the original determination, no fee or expenses will be
charged.
[63 FR 52133, Sept. 30, 1998]
Sec. 56.49 Travel expenses and other charges.
Charges are to be made to cover the cost of travel and other
expenses incurred by the service in connection with rendering grading
service. Such charges shall include the cost of transportation, per
diem, and any other expenses.
[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981]
Sec. 56.52 Continuous grading performed on a resident basis.
Fees to be charged and collected for any grading service, other than
for an appeal grading, on a resident grading basis, shall be those
provided in this section. The fees to be charged for any appeal grading
shall be as provided in Sec. 56.47.
(a) Charges. The charges for the grading of shell eggs shall be paid
by the applicant for the service and shall include items listed in this
section as are applicable. Payment for the full cost of the grading
service rendered to the applicant shall be made by the applicant to
Agricultural Marketing Service, U.S. Department of Agriculture
(hereinafter referred to as ``AMS''). Such full costs shall comprise
such of the items listed in this section as are due
[[Page 61]]
and included in the bill or bills covering the period or periods during
which the grading service was rendered. Bills will be rendered by the
10th day following the end of the period in which the service was
rendered and are payable upon receipt.
(1) An inauguration charge of $310 will be made at the time an
application for service is signed except when the application is
required because of a change in name or ownership. If service is not
installed within 6 months from the date the application is filed, or if
service is inactive due to an approved request for removal of a
grader(s) for a period of 6 months, the application will be considered
terminated, but a new application may be filed at any time. In addition
there will be a charge of $300 if the application is terminated at the
request of the applicant for reasons other than for a change in
location, within 12 months from the date of the inauguration of service.
(2) A charge for the salary and other costs, as specified in this
paragraph, for each grader while assigned to a plant, except that no
charge will be made when the assigned grader is temporarily reassigned
by AMS to perform grading service for other than the applicant. Base
salary rates will be determined on a national average for all official
plants operating in States under a Federal Trust Fund Agreement where
Federal graders, State graders, or a combination of Federal and State
graders are used, by averaging the salary rates paid to each Federal or
State grader assigned to such plants. Charges to plants are as follows:
(i) For all regular hours of work scheduled and approved as an
established tour of duty for a plant, the regular rate charge will be
made. The regular rate charge will be determined by adding an amount to
the base salary rate to cover the costs to AMS for such items as the
Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.)
for Old Age and Survivor's Benefits under the Social Security System,
retirement benefits, group life insurance, severance pay, sick leave,
annual leave, additional salary and travel costs for relief grading
service, accident payments, certain moving costs, and related servicing
costs.
(ii) All hours worked by an assigned grader or another grader in
excess of the approved tour of duty, or worked on a nonscheduled
workday, or actually worked on a holiday in excess of the tour of duty,
will be considered as overtime. The charge for such overtime will be 150
percent of the grader's base salary rate.
(iii) For work performed on a holiday which is within the
established tour of duty approved for a plant, the added charge will be
the same as the grader's base rate.
(iv) For work performed between 6 p.m. and 6 a.m., night
differential charges (for regular, overtime, or holiday hours worked
during this period) will be at the applicable rates established plus 10
percent of the base rate.
(v) For work performed on Sunday, Sunday differential charges (for
regular, overtime, or holiday hours worked on Sunday) will be at the
applicable rates established plus 25 percent of the base rate.
(vi) For all hours of work performed in a plant without an approved
tour of duty, the charge will be one of the applicable hourly rates in
Sec. 56.46.
(3) A charge at the hourly rates specified in Sec. 56.46, plus
actual travel expenses incurred by AMS for intermediate surveys to firms
without grading service in effect.
(4) An administrative service charge based upon the aggregate number
of 30-dozen cases of all shell eggs handled in the plant per billing
period multiplied by $0.040, except that the minimum charge per billing
period shall be $225 and the maximum charge shall be $2,500. The minimum
charge also applies where an approved application is in effect and no
product is handled.
(b) Other provisions. (1) The applicant shall designate in writing
the employees of the applicant who will be required and authorized to
furnish each grader with such information as may be necessary for the
performance of the grading service.
(2) AMS will provide, as available, an adequate number of graders to
perform the grading service. The number of graders required will be
determined by AMS based on the expected demand for service.
[[Page 62]]
(3) The grading service shall be provided at the designated plant
and shall be continued until the service is suspended, withdrawn, or
terminated by:
(i) Mutual consent;
(ii) Thirty (30) days' written notice, by either the applicant or
AMS specifying the date of suspension, withdrawal, or termination;
(iii) One (1) day's written notice by AMS to the applicant if the
applicant fails to honor any invoice within thirty (30) days after date
of invoice covering the cost of the grading service; or
(iv) Action taken by AMS pursuant to the provisions of Sec. 56.31.
(4) Graders will be required to confine their activities to those
duties necessary in the rendering of grading service and such closely
related activities as may be approved by AMS: Provided, That in no
instance may the graders assume the duties of management.
[34 FR 8232, May 28, 1969]
Editorial Note: For Federal Register citations to Sec. 56.52, see
the List of CFR Sections Affected appearing in the Finding Aids section
of this volume.
Sec. 56.53 Fees or charges for grading service performed under cooperative agreement.
Fees or charges to be made to an applicant for grading service which
differ from those listed in Secs. 56.45 through 56.54 shall be provided
for by a cooperative agreement.
[36 FR 7894, Apr. 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.54 Charges for continuous grading performed on a nonresident basis.
Fees to be charged and collected for grading service on a
nonresident grading basis, shall be those provided in this section. The
fees to be charged for any appeal grading shall be as provided in
Sec. 56.47.
(a) Charges. The charges for the grading of shell eggs shall be paid
by the applicant for the service and shall include items listed in this
section as are applicable. Payment for the full cost of the grading
service rendered to the applicant shall be made by the applicant to the
Agricultural Marketing Service, U.S. Department of Agriculture
(hereinafter referred to as ``AMS''). Such full costs shall comprise
such of the items listed in this section as are due and included in the
bill or bills covering the period or periods during which the grading
service was rendered. Bills will be rendered by the 10th day following
the end of the billing period in which the service was rendered and are
payable upon receipt.
(1) A charge for the salary and other costs, as specified in this
paragraph, for each grader while assigned to a plant, except that no
charge will be made when the assigned grader is temporarily reassigned
by AMS to perform grading service for other than the applicant. Base
salary rates will be determined on a national average for all official
plants operating in States under a Federal Trust Fund Agreement where
Federal graders, State graders, or a combination of Federal and State
graders are used, by averaging the salary rates paid to each Federal or
State grader assigned to such plants. Charges to plants are as follows:
(i) For all regular hours of work scheduled and approved as an
established tour of duty for a plant, the regular rate charge will be
made. The regular rate charge will be determined by adding an amount to
the base salary rate to cover the costs to AMS for such items as the
Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.)
for Old Age and Survivor's Benefits under the Social Security System,
retirement benefits, group life insurance, severance pay, sick leave,
annual leave, additional salary and travel costs for relief grading
service, accident payments, certain moving costs, and related servicing
costs.
(ii) All hours worked by an assigned grader or another grader in
excess of the approved tour of duty, or worked on a nonscheduled
workday, or actually worked on a holiday in excess of the tour of duty,
will be considered as overtime. The charge for such overtime will be 150
percent of the grader's base salary rate.
(iii) For work performed on a holiday which is within the
established tour of duty approved for a plant, the added charge will be
the same as the grader's base rate.
(iv) For work performed between 6 p.m. and 6 a.m., night
differential
[[Page 63]]
charges (for regular, overtime, or holiday hours worked during this
period) will be at the applicable rates established plus 10 percent of
the base rate.
(v) For work performed on Sunday, Sunday differential charges (for
regular, overtime, or holiday hours worked on Sunday) will be at the
applicable rates established plus 25 percent of the base rate.
(vi) For all hours of work performed in a plant without an approved
tour of duty, the charge will be one of the applicable hourly rates in
Sec. 56.46.
(2) An administrative service charge equal to 25 percent of the
grader's total salary costs. A minimum charge of $250 will be made each
billing period. The minimum charge also applies where an approved
application is in effect and no product is handled.
(b) Other provisions. (1) The applicant shall designate in writing
the employees of the applicant who will be required and authorized to
furnish each grader with such information as may be necessary for the
performance of the grading service.
(2) AMS will provide, as available, an adequate number of graders to
perform the grading service. The number of graders required will be
determined by AMS based on the expected demand for service.
(3) The grading service shall be provided at designated locations
and shall be continued until the service is suspended, withdrawn, or
terminated by:
(i) Mutual consent;
(ii) Thirty (30) days' written notice, by either the applicant or
AMS specifying the date of suspension, withdrawal, or termination;
(iii) One (1) day's written notice by AMS to the applicant if the
applicant fails to honor any invoice within thirty (30) days after date
of invoice covering the cost of the grading service; or
(iv) Action taken by AMS pursuant to the provisions of Sec. 56.31.
(4) Graders will be required to confine their activities to those
duties necessary in the rendering of grading service and such closely
related activities as may be approved by AMS: Provided, That in no
instance may the graders assume the duties of management.
(5) When similar nonresident grading services are furnished to the
same applicant under part 55 or part 70 of this chapter, the charges
listed in this section shall not be repeated.
[35 FR 19327, Dec. 22, 1970]
Editorial Note: For Federal Register citations to Sec. 56.54, see
the List of CFR Sections Affected appearing in the Finding Aids section
of this volume.
Grading Certificates
Sec. 56.55 Grading certificates and sampling report forms.
Grading certificates and sampling report forms shall be issued on
forms approved by the Administrator.
[20 FR 673, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.56 Grading certificate issuance.
(a) Resident grading basis. Certificates will be issued only upon
request therefor by the applicant or the Service. When requested, a
grader shall issue a certificate covering product graded by him. In
addition, a grader may issue a grading certificate covering product
graded in whole or in part by another grader when the grader has
knowledge that the product is eligible for certification based on
personal examination of the product or official grading records.
(b) Other than resident grading. Each grader shall, in person or by
his authorized agent, issue a grading certificate covering each product
graded by him. A grader's name may be signed on a grading certificate by
a person other than the grader, if such person has been designated as
the authorized agent of such grader by the National Supervisor:
Provided, That the certificate is prepared from an official memorandum
of grading signed by the grader: And provided further, That a notarized
power of attorney authorizing such signature has been issued to such
person by the grader and is on file in the office of grading. In such
case, the authorized agent shall sign both his own and the grader's
name, e.g., ``John Doe by Richard Roe.''
[36 FR 9841, May 29, 1971, as amended at 36 FR 10937, June 5, 1971.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[[Page 64]]
Sec. 56.57 Disposition of grading certificates.
The original and a copy of each grading certificate, issued pursuant
to Sec. 56.56, and not to exceed two additional copies thereof if
requested by the applicant prior to issuance, shall, immediately upon
issuance, be delivered or mailed to the applicant or person designated
by him. Other copies shall be filed and retained in accordance with the
disposition schedule for grading program records.
[36 FR 9842, May 29, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
Sec. 56.58 Advance information.
Upon request of an applicant, all or part of the contents of any
grading certificate issued to such applicant may be telephoned or
telegraphed to him, or to any person designated by him, at his expense.
[20 FR 673, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Appeal of a Grading or Decision
Source: Sections 56.60 through 56.66 appear at 35 FR 9918, June 17,
1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.
Sec. 56.60 Who may request an appeal grading or review of a grader's decision.
An appeal grading may be requested by any interested party who is
dissatisfied with the determination by a grader of the class, quality,
quantity, or condition of any product as evidenced by the USDA grademark
and accompanying label, or as stated on a grading certificate and a
review may be requested by the operator of an official plant with
respect to a grader's decision or on any other matter related to grading
in the official plant.
Sec. 56.61 Where to file an appeal.
(a) Appeal from resident grader's grading or decision in an official
plant. Any interested party who is not satisfied with the determination
of the class, quality, quantity, or condition of product which was
graded by a grader in an official plant and has not left such plant, and
the operator of any official plant who is not satisfied with a decision
by a grader on any other matter related to grading in such plant may
request an appeal grading or review of the decision by the grader by
filing such request with the grader's immediate supervisor.
(b) All other appeal requests. Any interested party who is not
satisfied with the class, quality, quantity, or condition of product
which has left the official plant where it was graded or which was
graded other than in an official plant may request an appeal grading by
filing such request in the area where the product is located or with the
Chief of the Grading Branch.
Sec. 56.62 How to file an appeal.
Any request for an appeal grading or review of a grader's decision
may be made orally or in writing. If made orally, written confirmation
may be required. The applicant shall clearly state the reasons for
requesting the appeal service and a description of the product, or the
decision which is questioned. If such appeal request is based on the
results stated on an official certificate, the original and all
available copies of the certificate shall be returned to the appeal
grader assigned to make the appeal grading.
Sec. 56.63 When an application for an appeal grading may be refused.
When it appears to the official with whom an appeal request is filed
that the reasons given in the request are frivolous or not substantial,
or that the quality or condition of the product has undergone a material
change since the original grading, or that the original lot has changed
in some manner, or the Act or the regulations in this part have not been
complied with, the applicant's request for the appeal grading may be
refused. In such case, the applicant shall be promptly notified of the
reason(s) for such refusal.
Sec. 56.64 Who shall perform the appeal.
(a) An appeal grading or review of a decision requested under
Sec. 56.61(a) shall
[[Page 65]]
be made by the grader's immediate supervisor, or by a licensed grader
assigned by the immediate supervisor other than the grader whose grading
or decision is being appealed.
(b) Appeal gradings requested under Sec. 56.61(b) shall be performed
by a grader other than the grader who originally graded the product.
(c) Whenever practical, an appeal grading shall be conducted jointly
by two graders. The assignment of the grader(s) who will make the appeal
grading requested under Sec. 56.61(b) shall be made by the regional
director or the Chief of the Grading Branch.
[35 FR 9918, June 17, 1970, as amended at 40 FR 20056, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Sec. 56.65 Procedures for appeal gradings.
(a) When all of the originally graded and identified samples are
available, the appeal sample shall consist of such samples plus an equal
number of samples.
(b) When the original samples are not available, the appeal sample
size for the lot shall consist of double the samples required in
Sec. 56.4(b).
(c) Shell eggs shall not have been moved from the original place of
grading and must have been maintained under adequate refrigeration and
humidity conditions.
[35 FR 9918, June 17, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
Sec. 56.66 Appeal grading certificates.
Immediately after an appeal grading is completed, an appeal
certificate shall be issued to show that the original grading was
sustained or was not sustained. Such certificate shall supersede any
previously issued certificate for the product involved and shall clearly
identify the number and date of the superseded certificate. The issuance
of the appeal certificate may be withheld until any previously issued
certificate and all copies have been returned when such action is deemed
necessary to protect the interest of the Government. When the appeal
grader assigns a different grade to the lot, the existing grade mark
shall be changed or obliterated as necessary. When the appeal grader
assigns a different class or quantity designation to the lot, the
labeling shall be corrected.
Facility Requirements
Sec. 56.75 Applicability of facility and operating requirements.
The provisions of Sec. 56.76 shall be applicable to any grading
service that is provided on a resident basis.
[28 FR 6345, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Sec. 56.76 Minimum facility and operating requirements for shell egg grading and packing plants.
(a) General requirements for buildings and plant facilities. (1)
Buildings shall be of sound construction so as to prevent, insofar as
practicable, the entrance or harboring of vermin.
(2) Grading and packing rooms shall be of sufficient size to permit
installation of necessary equipment and the conduct of grading and
packing in a sanitary manner. These rooms shall be kept reasonably clean
during grading and packing operations and shall be thoroughly cleaned at
the end of each operating day.
(3) Adequate lavatory and toilet accommodations shall be provided.
Toilet and locker rooms shall be maintained in a clean and sanitary
condition. Hot and cold running water shall be provided. Rooms shall be
ventilated to the outside of the building. Signs shall be posted in the
rest rooms instructing employees to wash their hands before returning to
work.
(4) A separate refuse room or a designated area for the accumulation
of trash must be provided in plants which do not have a system for the
daily removal or destruction of such trash.
(5) Wood benches, platforms, etc., in areas which are subjected to
moisture and which develop odors shall be replaced with equipment of
metal construction. Wood walls or partitions which develop odors shall
be replaced with materials impervious to moisture. Newly constructed
plants should be
[[Page 66]]
equipped with metal benches, platforms, etc., in areas which are
subjected to moisture.
(b) Grading room requirements. (1) The egg grading or candling area
shall be adequately darkened to make possible the accurate quality
determination of the candled appearance of eggs. There shall be no other
light source or reflections of light that interfere with, or prohibit
the accurate quality determination of eggs in the grading or candling
area.
(2) The grading and candling equipment shall provide adequate light
to facilitate quality determinations. Other light sources and equipment
or facilities shall be provided to permit the detection and removal of
stained and dirty eggs or other undergrade eggs.
(3) Adequate facilities, equipment, and light sources shall be
provided to determine the condition of packing material.
(4) Egg weighing equipment shall be provided. The egg weighing
equipment shall be constructed to permit cleaning; operation in a clean,
sanitary manner; and shall be capable of ready adjustment.
(5) Adequate ventilation shall be provided.
(c) Cooler room requirements. (1) Cooler rooms shall have
refrigeration facilities capable of reducing within 24 hours and holding
the maximum volume of eggs handled to 60 deg.F. or below. Accurate
thermometers shall be provided.
(2) Cooler rooms shall be free from objectionable odors and from
mold, and shall be maintained in a sanitary condition.
(3) All shell egg coolers shall be equipped with a hygrometer or
portable equipment such as a psychrometer shall be available to
determine the relative humidity. Humidifying equipment capable of
maintaining a relative humidity which will minimize shrinkage shall be
provided.
(d) Shell egg protecting operations. Shell egg protecting (oil
processing) operations shall be conducted in a manner to avoid
contamination of the product and maximize conservation of its quality.
(1) Eggs with excess moisture on the shell shall not be shell
protected.
(2) Oil having any off odor, or that is obviously contaminated,
shall not be used in shell egg protection.
(3) Processing oil that has been previously used and which has
become contaminated shall be filtered and heat treated at 180 deg.F.
for 3 minutes prior to use.
(4) Shell egg processing equipment shall be washed, rinsed, and
treated with a bactericidal agent each time the oil is removed. It is
preferable to filter and heat treat processing oil and clean processing
equipment daily when in use.
(5) Adequate coverage and protection against dust and dirt shall be
provided when the equipment is not in use.
(e) Shell egg cleaning operations. (1) Shell egg cleaning equipment
shall be kept in good repair and shall be cleaned after each day's use
or more frequently, if necessary.
(2) The temperature of the wash water shall be maintained at 90
deg.F. or higher, and shall be at least 20 deg.F. warmer than the
temperature of the eggs to be washed. These temperatures shall be
maintained throughout the cleaning cycle.
(3) An approved cleaning compound shall be used in the wash water.
(The use of metered equipment for dispensing the compound into solution
is recommended.)
(4) Wash water shall be changed approximately every 4 hours or more
often if needed to maintain sanitary conditions, and at the end of each
shift. Remedial measures shall be taken to prevent excess foaming during
the egg washing operation.
(5) Replacement water shall be added continuously to the wash water
of washers. Rinse water, chlorine, or quaternary sanitizing rinse may be
used as part of the replacement water, provided, they are compatible
with the washing compound. Iodine sanitizing rinse may not be used as
part of the replacement water.
(6) Only potable water may be used to wash eggs. Each official plant
shall submit certification to the national office stating that their
water supply is potable. An analysis of the iron content of the water
supply, stated in parts per million, is also required. When the iron
content exceeds 2 parts
[[Page 67]]
per million, equipment shall be provided to correct the excess iron
content. Frequency of testing shall be determined by the Administrator.
When the water source is changed, new tests are required.
(7) Waste water from the egg washing operation shall be piped
directly to drains.
(8) The washing and drying operation shall be continuous and shall
be completed as rapidly as possible. Eggs shall not be allowed to stand
or soak in water. Immersion-type washers shall not be used.
(9) Prewetting shell eggs prior to washing may be accomplished by
spraying a continuous flow of water over the eggs in a manner which
permits the water to drain away or other methods which may be approved
by the Administrator. The temperature of the water shall be the same as
prescribed in this section.
(10) Washed eggs shall be spray-rinsed with water having a
temperature equal to, or warmer than, the temperature of the wash water
and contain an approved sanitizer of not less than 50 p/m nor more than
200 p/m of available chlorine or its equivalent. Alternate procedures,
in lieu of a sanitizer rinse, may be approved by the National
Supervisor.
(11) Test kits shall be provided and used to determine the strength
of the sanitizing solution.
(12) During any rest period, eggs shall be removed from the washing
and rinsing area of the egg washer and from the scanning area whenever
there is a buildup of heat.
(13) Washed eggs shall be reasonably dry before cartoning or casing.
(14) When steam or vapors originate from the washing operation, they
shall be continuously and directly removed to the outside of the
building.
(f) Requirements for eggs which are to be marked with official U.S.
identification mark. (1) Shell eggs held in the official plant shall be
placed under refrigeration of 60 deg.F. or lower promptly after
packaging. Officially identified shell eggs with an internal temperature
of 70 deg.F. or higher when shipped from the official plant should be
transported at a temperature of 60 deg.F. or less.
(2) Every reasonable precaution shall be exercised to prevent
``sweating'' of eggs.
(3) Eggs which are to be officially identified with consumer
grademarks shall be packaged only in new or good used cases and packing
materials. Cases and packing materials must be reasonably clean, free of
mold, mustiness and off odors and must be of sufficient strength and
durability to adequately protect the eggs during normal distribution.
(g) The following substances used in the plant shall be approved and
handled in accordance with the manufacturer's instructions: Pesticides,
insecticides, rodenticides, cleaning compounds, destaining compounds,
foam control compounds, sanitizers, and inks and oils coming into
contact with the product.
[20 FR 674, Feb. 1, 1955, as amended at 22 FR 8168, Oct. 16, 1957; 28 FR
6346, June 20, 1963; 32 FR 8232, June 8, 1967; 35 FR 5664, Apr. 8, 1970;
40 FR 20056, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 46 FR 39571, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3,
1982; 60 FR 12402, Mar. 7, 1995; 63 FR 13331, Mar. 19, 1998]
Sec. 56.77 Health and hygiene of personnel.
(a) No person known to be affected by a communicable or infectious
disease shall be permitted to come in contact with the product.
(b) Plant personnel coming into contact with the product shall wear
clean clothing.
[32 FR 8232, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
PART 57--INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Definitions
Sec.
57.1 Meaning of words.
57.5 Terms defined.
Administration
57.10 Authority.
57.13 Federal and State cooperation.
57.17 Nondiscrimination.
57.18 OMB control number.
[[Page 68]]
Scope of Inspection
57.20 Inspection in accordance with methods prescribed or approved.
57.22 Basis of service.
57.28 Other inspections.
Relation to Other Authorities
57.35 Eggs outside official plants.
Eggs and Egg Products Not Intended for Human Food
57.45 Prohibition on eggs and egg products not intended for use as
human food.
Refrigeration of Shell Eggs
57.50 Temperature and Labeling Requirements.
Exemptions
57.100 Specific exemptions.
57.105 Suspension or termination of exemptions.
Performance of Service
57.110 Licensed inspectors.
57.112 Suspension of license or authority; revocation.
57.114 Surrender of license.
57.116 Activities of inspectors.
57.118 Identification.
57.119 Political activity.
57.120 Financial interest of inspectors.
57.132 Access to plants.
57.134 Accessibility of product.
Records and Related Requirements for Egg Handlers and Related Industries
57.200 Records and related requirements.
57.220 Information and assistance to be furnished to inspectors.
Administrative Detention
57.240 Detaining product.
Appeal of an Inspection or Decision
57.300 Who may request an appeal inspection or review of an inspector's
decision.
57.310 Where to file an appeal.
57.320 How to file an appeal.
57.330 When an application for an appeal grading or inspection may be
refused.
57.340 Who shall perform the appeal.
57.350 Procedures for selecting appeal samples.
57.360 Appeal inspection certificates.
57.370 Cost of appeals.
Identifying and Marking Product
57.410 Shell eggs required to be labeled.
Retention
57.426 Retention.
Processing Requirements
57.504 General operating procedures.
Registration of Shell Egg Handlers
57.690 Persons required to register.
Inspection and Disposition of Restricted Eggs
57.700 Prohibition on disposition of restricted eggs.
57.720 Disposition of restricted eggs.
57.760 Inspection of egg handlers.
Identification of Restricted Eggs or Egg Products Not Intended for Human
Consumption
57.800 Identification of restricted eggs.
57.801 Nest run or washed ungraded eggs.
57.840 Identification of inedible, unwholesome, or adulterated egg
products.
57.860 Identification wording.
Imports
57.900 Requirements for importation of restricted eggs into the United
States.
57.905 Importation of restricted eggs or eggs containing more
restricted eggs than permitted in the official standards for
U.S. Consumer Grade B.
57.915 Foreign inspection certification required.
57.920 Importer to make application for inspection of imported eggs.
57.925 Inspection of imported eggs.
57.930 Imported eggs; retention in customs custody; delivery under
bond; movement prior to inspection; sealing; handling;
facilities, and assistance.
57.935 Means of conveyance and equipment used in handling eggs to be
maintained in sanitary condition.
57.945 Foreign eggs offered for importation; reporting of findings to
customs; handling of products refused entry.
57.950 Labeling of containers of eggs for importation.
57.955 Labeling of shipping containers of eggs for importation.
57.960 Small importations for consignee's personal use, display, or
laboratory analysis.
57.965 Returned U.S. inspected and marked products; not importations.
57.970 Charges for storage, cartage, and labor with respect to products
imported contrary to the Act.
Authority: 21 U.S.C. 1031-1056.
Source: 63 FR 69968, Dec. 17, 1998, unless otherwise noted.
Editorial Note: 1. At 63 FR 69969, Dec. 17, 1998, part 57 was added
by duplicating portions of part 59. At 63 FR 72353, Dec. 31, 1998, part
59 was redesignated as part 590 of 9 CFR.
[[Page 69]]
2. Nomenclature changes to part 57 appear at 63 FR 69971, Dec. 17,
1998.
Definitions
Sec. 57.1 Meaning of words.
Under these regulations, words in the singular shall be deemed to
mean the plural and vice versa, as the case may demand.
Sec. 57.5 Terms defined.
For the purpose of these regulations, unless the context otherwise
requires, the following terms shall be construed, respectively, as
follows:
Acceptable means suitable for the purpose intended and acceptable to
the Administrator.
Act means the applicable provisions of the Egg Products Inspection
Act (Pub. L. 91-597, 84 Stat. 1620 et seq.).
Administrator means the Administrator of the Agricultural Marketing
Service of the Department or any other officer or employee of the
Department to whom there has heretofore been delegated, or to whom there
may hereafter be delegated the authority to act in his stead.
Adulterated means any egg or egg product under one or more of the
following circumstances:
(a) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is
not an added substance, such article shall not be considered adulterated
under this clause if the quantity of such substance in or on such
article does not ordinarily render it injurious to health;
(b)(1) If it bears or contains any added poisonous or added
deleterious substance (other than one which is (i) a pesticide chemical
in or on a raw agricultural commodity; (ii) a food additive; or (iii) a
color additive) which may in the judgment of the Secretary, make such
article unfit for human food;
(2) If it is, in whole or in part, a raw agricultural commodity and
such commodity bears or contains a pesticide chemical which is unsafe
within the meaning of section 408 of the Federal Food, Drug, and
Cosmetic Act;
(3) If it bears or contains any food additive which is unsafe within
the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
(4) If it bears or contains any color additive which is unsafe
within the meaning of section 706 of the Federal Food, Drug, and
Cosmetic Act: Provided, that an article which is not otherwise deemed
adulterated under paragraph (b)(2), (3), or (4) of this definition shall
nevertheless be deemed adulterated if use of the pesticide chemical,
food additive, or color additive, in or on such article, is prohibited
by regulations of the Secretary in official plants;
(c) If it consists in whole or in part of any filthy, putrid, or
decomposed substance, or if it is otherwise unfit for human food;
(d) If it has been prepared, packaged, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;
(e) If it is an egg which has been subjected to incubation or the
product of any egg which has been subjected to incubation;
(f) If its container is composed, in whole or in part of any
poisonous or deleterious substance which may render the contents
injurious to health;
(g) If it has been intentionally subjected to radiation, unless the
use of the radiation was in conformity with a regulation or exemption in
effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic
Act; or
(h) If any valuable constituent has been, in whole or in part,
omitted or abstracted therefrom; or if any substance has been
substituted, wholly or in part therefor; or if damage or inferiority has
been concealed in any manner; or if any substance has been added thereto
or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength, or make it appear better or of greater
value than it is.
Ambient temperature means the air temperature maintained in an egg
storage facility or transport vehicle.
Applicant means any person who requests any inspection service as
authorized under the Act or the regulations of this part.
[[Page 70]]
Capable of use as human food means any egg or egg product, unless it
is denatured, or otherwise identified, as required by these regulations
to deter its use as human food.
Chief of the Grading Branch means Chief of the Poultry Grading
Branch, Poultry Division, Agricultural Marketing Service.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same
kind, type, or method of processing.
Commerce means interstate, foreign, or intrastate commerce.
Condition means any condition (including, but not being limited to,
the state of preservation, cleanliness, soundness, wholesomeness, or
fitness for human food) of any product which affects its
merchantability; or any condition, including but not being limited to,
the processing, handling, or packaging which affects such product.
Container or Package includes for egg products, any box, can, tin,
plastic, or other receptacle, wrapper, or cover and for shell eggs, any
carton, basket, case, cart, pallet, or other receptacle.
(a) Immediate container means any package or other container in
which egg products or shell eggs are packed for household or other
ultimate consumers.
(b) Shipping container means any container used in packing an
immediate container.
Department means the U.S. Department of Agriculture.
Dirty egg or Dirties means an egg(s) that has an unbroken shell with
adhering dirt or foreign material.
Egg means the shell egg of the domesticated chicken, turkey, duck,
goose, or guinea. Some of the terms applicable to shell eggs are as
follows:
(a) Check means an egg that has a broken shell or crack in the shell
but has its shell membranes intact and contents not leaking.
(b) Clean and sound shell egg means any egg whose shell is free of
adhering dirt or foreign material and is not cracked or broken.
(c) Dirty egg or Dirties means an egg(s) that has a shell that is
unbroken and has adhering dirt, foreign material, or prominent stains.
(d) Incubator reject means an egg that has been subjected to
incubation and has been removed from incubation during the hatching
operations as infertile or otherwise unhatchable.
(e) Inedible means eggs of the following descriptions: Black rots,
yellow rots, white rots, mixed rots, sour eggs, eggs with green whites,
eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings,
and eggs containing embryo chicks (at or beyond the blood ring stage).
(f) Leaker means an egg that has a crack or break in the shell and
shell membranes to the extent that the egg contents are exposed or are
exuding or free to exude through the shell.
(g) Loss means an egg that is unfit for human food because it is
smashed or broken so that its contents are leaking; or overheated,
frozen, or contaminated; or an incubator reject; or because it contains
a bloody white, large meat spots, a large quantity of blood, or other
foreign material.
(h) Restricted egg means any check, dirty egg, incubator reject,
inedible, leaker, or loss.
Egg handler means any person, excluding the ultimate consumer, who
engages in any business in commerce that involves buying or selling any
eggs (as a poultry producer or otherwise), or processing any egg
products, or otherwise using any eggs in the preparation of human food.
Egg product means any dried, frozen, or liquid eggs, with or without
added ingredients, excepting products which contain eggs only in a
relatively small proportion or historically have not been, in the
judgment of the Secretary, considered by consumers as products of the
egg food industry, and which may be exempted by the Secretary under such
conditions as he may prescribe to assure that the egg ingredients are
not adulterated and such products are not represented as egg products.
For the purposes of this part, the following products, among others, are
exempted as not being egg products: Freeze-dried products, imitation egg
products, egg substitutes, dietary foods, dried no-bake custard mixes,
egg nog mixes, acidic dressings, noodles, milk and egg dip, cake mixes,
French toast, and sandwiches containing eggs or egg
[[Page 71]]
products, provided, such products are prepared from inspected egg
products or eggs containing no more restricted eggs than are allowed in
the official standards for U.S. Consumer Grade B shell eggs. Balut and
other similar ethnic delicacies are also exempted from inspection under
this part.
Eggs of current production means shell eggs which have moved through
the usual marketing channels since the time they were laid and are not
in excess of 60 days old.
Fair Packaging and Labeling Act means the Act so entitled, approved
November 3, 1966 (80 Stat. 1296), and Acts amendatory thereof or
supplementary thereto.
Federal Food, Drug, and Cosmetic Act means the Act so entitled,
approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or
supplementary thereto.
Inspection means the application of such inspection methods and
techniques as are deemed necessary by the responsible Secretary to carry
out the provisions of the Egg Products Inspection Act and the
regulations under this part.
Inspection service means the official service within the Department
having the responsibility for carrying out the provisions of the Egg
Products Inspection Act. Inspection service also means the activities
performed, including official reporting by such official service.
Inspector/Grader means:
(a) Any employee or official of the United States Government
authorized to inspect eggs or egg products under the authority of this
part; or
(b) Any employee or official of the government of any State or local
jurisdiction authorized by the Secretary to inspect eggs or egg products
under the authority of this part, under an agreement entered into
between the Secretary and the appropriate State or other agency.
Interested party means any person financially interested in a
transaction involving any inspection or appeal inspection of any
product, or the decision of an inspector.
Label means a display of any printed, graphic, or other method of
identification upon the shipping container, if any, or upon the
immediate container, including but not limited to, an individual
consumer package of eggs and egg products, or accompanying such product.
Misbranded means any egg products which are not labeled and packaged
in accordance with the requirements prescribed by regulations of the
Administrator under this part.
National Supervisor means:
(a) The officer in charge of the inspection service; and
(b) Such other employee of the Service as may be designated by him.
Nest-run eggs means eggs which are packed as they come from the
production facilities without having been washed, sized and/or candled
for quality, with the exception that some checks, dirties, or other
obvious undergrades may have been removed.
Official certificate means any certificate prescribed by regulations
of the Administrator for issuance by an inspector or other person
performing official functions under this part.
Official device means any device prescribed or authorized by the
Secretary for use in applying any official mark.
Official identification means the official inspection mark or any
other symbol prescribed by regulations of this part to identify the
status of any article.
Official inspection mark means any symbol prescribed by the
regulations of the Administrator showing that egg products were
inspected in accordance with this part.
Official standards means the standards of quality, grades, and
weight classes for eggs.
Office of inspection means the office of any inspector.
Pasteurize means the subjecting of each particle of egg products to
heat or other treatments to destroy harmful viable microorganisms by
such processes as may be prescribed by these regulations.
Person means any individual, partnership, corporation, association,
or other business unit.
Pesticide chemical, Food additive, Color additive, and Raw
agricultural commodity shall have the same meaning for purposes of this
part as under the Federal Food, Drug, and Cosmetic Act.
[[Page 72]]
Plant means any place of business where egg products are processed:
(a) Exempted plant means any plant where the Administrator has
determined the facilities and operating procedures meet such standards
as may be prescribed by this part, and where the eggs received or used
in the manufacture of egg products contain no more restricted eggs than
are allowed by the official standards of U.S. Consumer Grade B for shell
eggs, and where an exemption has been granted.
(b) Official plant means any plant in which the plant facilities,
methods of operation and sanitary procedures have been found suitable
and adequate by the Administrator for the continuous inspection of egg
products in accordance with this part and in which inspection service is
carried on.
Potable water means water that has been approved by a State health
authority or other agency or laboratory acceptable to the Administrator
as safe for drinking and suitable for food processing.
Processing means manufacturing of egg products, including breaking
eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling,
freezing or drying, or packaging egg products at official plants.
Producer-packer means any producer who sorts eggs only from his own
production and packs them into their various qualities.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Regional Director means any employee of the Department in charge of
inspection service in a designated geographical region.
Regulations means the provisions in this part.
Regulatory inspector means any employee of the U.S. Government, or
State or local jurisdiction, who is authorized by the Secretary to make
such inspections as required in Sec. 57.28 of these regulations.
Sampling means the act of taking samples of any product for
inspection or analyses.
Sanitize means the application of a bactericidal treatment which is
approved as being effective in destroying microorganisms, including
pathogens.
Secretary means the Secretary of Agriculture or his delegate.
Service means the Agricultural Marketing Service (AMS) of the
Department.
Shell egg packer (grading station) means any person engaged in the
sorting of eggs from sources other than or in addition to his own
production into their various qualities, either mechanically or by other
means.
Stabilization means the subjection of any egg product to a
desugaring process.
State means any State of the United States, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, and the District
of Columbia.
Ultimate consumer means any household consumer, restaurant,
institution, or any other party who has purchased or received shell eggs
or egg products for consumption.
United States means the States.
Washed ungraded eggs means eggs which have been washed but not sized
or segregated for quality.
White or albumen means, for the purpose of this part, the product
obtained from the egg as broken from the shell and separated from the
yolk.
[63 FR 69968, 69970, Dec. 17, 1998]
Effective Date Note: At 63 FR 69969, Dec. 17, 1998, Sec. 57.5 was
added by duplicating the text of Sec. 59.5. At 63 FR 45674, Aug. 27,
1998, Sec. 59.5 was amended by adding the definitions for ``Ambient
temperature'' and ``Ultimate consumer'' and revising the definitions for
``Container or Package'' and ``Egg handler'', effective Aug. 27, 1999.
The superseded text of Sec. 57.5 remaining in effect until Aug. 29,
1999, appears below:
Sec. 59.5 Terms defined.
* * * * *
Container or Package includes any box, can, tin, plastic, or other
receptacle, wrapper, or cover.
(a) Immediate container means any consumer package, or other
container in which egg products, not consumer packaged, are packed.
(b) Shipping container means any container used in packaging a
product packed in an immediate container.
* * * * *
Egg handler means any person who engages in any business in commerce
which involves
[[Page 73]]
buying or selling any eggs (as a poultry producer or otherwise), or
processing any egg products, or otherwise using any eggs in the
preparation of human food.
* * * * *
Administration
Sec. 57.10 Authority.
The Administrator shall perform, for and under the supervision of
the Secretary, such duties as the Secretary may require in the
enforcement or administration of the provisions of the Act, and this
part. The Administrator may waive for a limited period any particular
provisions of the regulations to permit experimentation so that new
procedures, equipment, and processing techniques may be tested to
facilitate definite improvements and at the same time to maintain full
compliance with the spirit and intent of the regulations. The
Agricultural Marketing Service and its officers and employees shall not
be liable in damages through acts of commission or omission in the
administration of this part.
Sec. 57.13 Federal and State cooperation.
The Secretary shall, whenever he determines that it would effectuate
the purposes of the Act, authorize the Administrator to cooperate with
appropriate State and other governmental agencies in carrying out any
provisions of the Egg Products Inspection Act and these regulations. In
carrying out the provisions of the Act and the regulations, the
Secretary may conduct such examinations, investigations, and inspections
as he determines practicable through any officer or employee of any such
agency commissioned by him for such purpose. The Secretary shall
reimburse the States and other agencies for the services rendered by
them in such cooperative programs as agreed to in the cooperative
agreements as signed by the Administrator and the duly authorized agent
of the State or other agency.
Sec. 57.17 Nondiscrimination.
The conduct of all services and the licensing of graders and
inspectors under these regulations shall be accomplished without
discrimination as to race, color, religion, sex, national origin, age,
or disability.
Sec. 57.18 OMB control number.
The information collection requirements in this part have been
approved by the Office of Management and Budget and assigned OMB control
number 0581-0113.
[63 FR 69970, Dec. 17, 1998]
Scope of Inspection
Sec. 57.20 Inspection in accordance with methods prescribed or approved.
Inspection of eggs shall be rendered pursuant to these regulations
and under such conditions and in accordance with such methods as may be
prescribed or approved by the Administrator.
[63 FR 69968, 69970, Dec. 17, 1998]
Sec. 57.22 Basis of service.
These regulations provide for inspection services pursuant to the
Egg Products Inspection Act. Eggs and egg products shall be inspected in
accordance with such standards, methods, and instructions as may be
issued or approved by the Administrator. Inspection services shall be
subject to supervision at all times by the applicable Federal-State
supervisor, egg products supervisor, Regional Director, and National
Supervisor.
Sec. 57.28 Other inspections.
(a) Periodic inspections shall be made of:
(1) Business premises, facilities, inventories, operations,
transport vehicles, and records of egg handlers, and the records of all
persons engaged in the business of transporting, shipping, or receiving
any eggs or egg products. In the case of shell egg packers packing eggs
for the ultimate consumer, such inspections shall be made a minimum of
once each calendar quarter. Hatcheries are to be inspected a minimum of
once each fiscal year.
(2) [Reserved]
(b) Inspections shall be made of imported eggs as required in this
part.
[63 FR 69968, 69970, Dec. 17, 1998]
Effective Date Note: At 63 FR 69969, Dec. 17, 1998, Sec. 57.28 was
added by duplicating the
[[Page 74]]
text of Sec. 59.28. At 63 FR 45675, Aug. 27, 1998, Sec. 59.28 was
amended by revising the first two sentences in paragraph (a)(1),
effective Aug. 27, 1999. The superseded text of Sec. 57.28 remaining in
effect until Aug. 27, 1999, appears below:
Sec. 59.28 Other inspections.
(a) * * *
(1) Business premises, facilities, inventories, operations, and
records of egg handlers, and the records of all persons engaged in the
business of transporting, shipping, or receiving any eggs or egg
products. In the case of shell egg packers packing eggs for the ultimate
consumer (i.e., packed for direct use of household consumers,
restaurants, institutions, etc.), such inspections shall be made a
minimum of once each calendar quarter. * * *
* * * * *
Relation to Other Authorities
Sec. 57.35 Eggs outside official plants.
(a) For eggs which have moved or are moving in interstate or foreign
commerce, no State or local jurisdiction (1) may require the use of
standards of quality, condition, grade, or weight classes which are in
addition to or different than the official standards or (2) other than
those in noncontiguous areas of the United States may require labeling
to show the State or other geographical area of production or origin.
This shall not preclude a State from requiring the name, address, and
license number of the person processing or packaging eggs to be shown on
each container.
(b) Any State or local jurisdiction may exercise jurisdiction with
respect to eggs and egg products for the purpose of preventing the
distribution for human food purposes of any such articles which are
outside of the official plant and are in violation of this part or any
of said Federal Acts or any State or local law consistent therewith.
Eggs and Egg Products Not Intended for Human Food
Sec. 57.45 Prohibition on eggs and egg products not intended for use as human food.
(a) No person shall buy, sell, or transport or offer to buy or sell,
or offer or receive for transportation in commerce, any eggs or egg
products which are not intended for use as human food, unless they are
denatured or decharacterized, unless shipped under seal as authorized in
Secs. 57.504(c) and 57.720(a) and identified as required by the
regulations in this part.
(b) No person shall import or export shell eggs classified as loss,
inedible, or incubator rejects unless they are denatured or
decharacterized and identified as required by the regulations in this
part.
[63 FR 69968, 69970, Dec. 17, 1998]
Refrigeration of Shell Eggs
Sec. 57.50 Temperature and labeling requirements.
(a) No shell egg handler shall possess any shell eggs that are
packed into containers destined for the ultimate consumer unless they
are stored and transported under refrigeration at an ambient temperature
of no greater than 45 deg.F (7.2 deg.C).
(b) No shell egg handler shall possess any shell eggs that are
packed into containers destined for the ultimate consumer unless they
are labeled to indicate that refrigeration is required.
(c) Any producer-packer with an annual egg production from a flock
of 3,000 or fewer hens is exempt from the temperature and labeling
requirements of this section.
Effective Date Note: At 63 FR 69969, Dec. 17, 1998, Sec. 57.50 was
added by duplicating the text of Sec. 59.50. At 63 FR 45675, Aug. 27,
1998, Sec. 59.50 was added, effective Aug. 27, 1999.
Exemptions
Sec. 57.100 Specific exemptions.
The following are exempt to the extent prescribed as to the
provisions for control of restricted eggs in section 8(a)(1) and (2) of
the Act: Provided, That as to paragraphs (c) through (f) of this
section, the exemptions do not apply to restricted eggs when prohibited
by State or local law: And provided further, That the sale of ``hard-
cooked shell eggs'' or ``peeled hard-cooked shell eggs'' prepared from
checks is subject to the conditions for exemption in paragraphs (c),
(d), and (f) of this section: And provided further, That the
[[Page 75]]
conditions for exemption and provisions of these regulations are met:
(a) The sale, transportation, possession, or use of eggs which
contain no more restricted eggs than are allowed by the tolerances in
the official standards for U.S. Consumer Grade B shell eggs;
(b) [Reserved]
(c) The sale at the site of production, on a door-to-door retail
route, or at an established place of business away from the site of
production, by a poultry producer of eggs from his own flock's
production directly to a household consumer exclusively for use by such
consumer and members of his household and his nonpaying guests and
employees, and the transportation, possession, and use of such eggs:
Provided, That each such sale of restricted eggs shall be limited to no
more than 30 dozen eggs; And provided further, (1) That eggs sold
directly to consumers at an established place of business away from the
site of production be moved directly from the producer to such place of
business; (2) that such business away from the site of production be
owned and managed by the producer; and (3) that such eggs which are sold
on a door-to-door route or at an established place of business away from
the site of production shall contain no more loss and/or leakers than
allowed in the official standards for U.S. Consumer Grade B shell eggs.
(d) The sale of eggs by any producer with an annual egg production
from a flock of 3,000 hens or less and the record requirements of
Sec. 57.200;
(e) The processing and sale of egg products by any poultry producer
from eggs of his own flock's production when sold directly to a
household consumer exclusively for use by such consumer and members of
his household and his nonpaying guests and employees;
(f) The sale of eggs by shell egg packers on the premises where the
grading station is located, directly to household consumers for use by
such consumer and members of his household and his nonpaying guests and
employees, and the transportation, possession, and use of such eggs.
Each such sale of ``restricted eggs'': Shall be limited to no more than
30 dozen eggs;
(g) The processing in nonofficial plants, including but not limited
to bakeries, restaurants, and other food processors, without continuous
inspection, of certain categories of food products which contain eggs or
egg products as an ingredient, and the sale and possession of such
products: Provided, That such products are manufactured from inspected
egg products processed in accordance with this part or from eggs
containing no more restricted eggs than are allowed in the official
standards for U.S. Consumer Grade B shell eggs;
(h) The purchase, sale, possession, or transportation of shell eggs
containing more restricted eggs than allowed in the tolerances for U.S.
Consumer Grade B shell eggs: Provided, That such eggs are handled in
accordance with Secs. 57.200 and 57.700 through 57.860 to assure that
only eggs fit for human food are used for such purpose. This exemption
applies to the following:
(1) Egg producers, assemblers, wholesalers, and grading operations;
(2) Hatcheries;
(3) Transporters;
(4) Laboratories, pharmaceutical companies; and
(5) Processors of products not intended for use as human food.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.105 Suspension or termination of exemptions.
(a) The Administrator may immediately suspend or terminate any
exemption under Sec. 57.100(b) at any time with respect to any person,
if the conditions of exemption prescribed by this section are not being
met. The Administrator may modify or revoke any regulation of this part,
granting exemptions whenever he determines such action appropriate to
effectuate the purposes of the Act.
(b) Failure to comply with the condition of the exemptions contained
in Sec. 57.100 shall subject such person to the penalties provided for
in the Act and in this part.
Performance of Service
Sec. 57.110 Licensed inspectors.
(a) Any person who is a Federal or State employee, or the employee
of a
[[Page 76]]
local jurisdiction possessing proper qualifications as determined by an
examination for competency and who is to perform services pursuant to
this part, may be licensed by the Secretary as an inspector.
(b) Licenses issued by the Secretary are to be countersigned by the
Administrator or by any other designated official of the Service.
(c) No person may be licensed to inspect any product in which he is
financially interested.
Sec. 57.112 Suspension of license or authority; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform inspection services may, whenever he
deems such action necessary to assure that any inspection service is
properly performed, suspend any license to perform inspection services
issued pursuant to this part by giving notice of such suspension to the
respective licensee, accompanied by a statement of the reasons therefor.
Within 7 days after the receipt of the aforesaid notice and statement of
reasons by the licensee, he may file an appeal in writing, with the
Secretary, supported by any argument or evidence that he may wish to
offer as to why his license should not be suspended or revoked. After
the expiration of the aforesaid 7-day period and consideration of such
argument and evidence, the Secretary will take such action as he deems
appropriate with respect to such suspension or revocation. When no
appeal is filed within the prescribed 7 days, the license is revoked or
suspended.
Sec. 57.114 Surrender of license.
Upon termination of his services as an inspector or whenever his
license has been suspended or revoked, the licensee shall surrender his
license and other items of identification furnished by the Department
immediately to the inspection service.
Sec. 57.116 Activities of inspectors.
Inspectors at official plants shall confine their activities to
those duties necessary in the rendering of inspection service and such
closely related activities as may be approved by the Administrator.
Sec. 57.118 Identification.
Inspectors shall have in their possession at all times while on
duty, and present upon request, the means of identification furnished by
the Department to such persons.
Sec. 57.119 Political activity.
Inspectors are forbidden during the period of their respective
appointments, or licenses, to take an active part in political
management or in political campaigns. Political activity in city,
county, State, or national elections, whether primary or regular, or in
behalf of any party or candidate, except as authorized by law or
regulation of the Department, is prohibited. This applies to all
appointees, including but not being limited to temporary and cooperative
employees and employees on leave of absence with or without pay. Willful
violation of this section or Sec. 57.120 will constitute grounds for
dismissal in the case of appointees and revocation of licenses in the
case of licensees.
Sec. 57.120 Financial interest of inspectors.
No inspector shall inspect any product in which he is financially
interested.
Sec. 57.132 Access to plants.
Access shall not be refused to any representative of the Secretary
to any plant, place of business, or transport vehicle subject to
inspection under the provisions of this part upon presentation of proper
credentials.
Effective Date Note: At 63 FR 69969, Dec. 17, 1998, Sec. 57.132 was
added by duplicating the text of Sec. 59.132. At 63 FR 45675, Aug. 27,
1998, Sec. 59.132 was revised, effective Aug. 27, 1999. The superseded
text of Sec. 57.132 remaining in effect until Aug. 29, 1999, appears
below:
Sec. 59.132 Access to plants.
Access shall not be refused, at any reasonable time, to any
representative of the Secretary to any plant or place of business
subject to inspection under the provisions of this part upon
presentation of proper credentials.
[[Page 77]]
Sec. 57.134 Accessibility of product.
(a) Each product for which inspection service is required shall be
so placed as to disclose fully its class, quality, quantity, and
condition as the circumstances may warrant.
(b) The perimeter of each cooler room used to store shell eggs
packed in containers destined for the ultimate consumer shall be made
accessible in order for the Secretary's representatives to determine the
ambient temperature under which shell eggs are stored.
Effective Date Note: At 63 FR 69969, Dec. 17, 1998, Sec. 57.134 was
added by duplicating the text of Sec. 59.134. At 63 FR 45675, Aug. 27,
1998, Sec. 59.134 was amended by revising the section heading, by
designating the existing text as paragraph (a), and by adding a new
paragraph (b), effective Aug. 27, 1999.
Records and Related Requirements for Egg Handlers and Related Industries
Sec. 57.200 Records and related requirements.
(a) Persons engaged in the business of transporting, shipping, or
receiving any eggs in commerce, or holding such articles so received,
and all egg handlers, including hatcheries, shall maintain records
showing, for a period of 2 years, to the extent that they are concerned
therewith, the receipt, delivery, sale, movement, and disposition of all
eggs handled by them, and shall, upon the request of an authorized
representative of the Secretary, permit him, at reasonable times, to
have access to and to copy all such records.
(b) Production records by categories of eggs such as graded eggs,
nest-run eggs, dirties, checks, leakers, loss, inedible, etc., bills of
sale, inventories, receipts, shipments, shippers, receivers, dates of
shipment and receipt, carrier names, etc., as determined by the
Administrator, shall be maintained by all shell egg handlers, except
that, producers who ship all of their production as nest-run eggs
without segregation need only to maintain records indicating the amount
of shell eggs shipped, date of shipment, and the receivers' name and
address, need only to maintain records indicating the amount of eggs
received, date received, and the name and address of the shipper.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.220 Information and assistance to be furnished to inspectors.
When inspection service is performed at any plant, the plant
operator shall furnish the inspector such information and assistance as
may be required for the performance of inspection functions, preparing
certificates, reports, and for other official duties.
Administrative Detention
Sec. 57.240 Detaining product.
Whenever any eggs subject to the Act are found by any authorized
representative of the Secretary upon any premises, and there is reason
to believe that they are or have been processed, bought, sold,
possessed, used, transported, or offered or received for sale or
transportation in violation of the Act or the regulations in this part,
or that they are in any other way in violation of the Act, or whenever
any restricted eggs capable of use as human food are found by such a
representative in the possession of any person not authorized to acquire
such eggs under the regulations in this part, such articles may be
detained by such representative for a period not to exceed 20 days, as
more fully provided in section 19 of the Act. A detention tag or other
similar device shall be used to identify detained product, and the
custodian or owner shall be given a written notice of such detention.
Only authorized representatives of the Secretary shall affix or remove
detention identification. The provisions of this section shall in no way
derogate from authority for condemnation or seizure conferred by other
provisions of the Act, the regulations in this part, or other laws.
[63 FR 69968, 69971, Dec. 17, 1998]
Appeal of an Inspection or Decision
Sec. 57.300 Who may request an appeal inspection or review of an inspector's decision.
Any appeal inspection may be requested by any interested party who
is dissatisfied with the determination by
[[Page 78]]
an inspector of the class, quantity, or condition of any product, and a
review may be requested by the operator of an official plant with
respect to an inspector's decision or on any other matter related to
inspection in the official plant.
Sec. 57.310 Where to file an appeal.
Any interested party who is not satisfied with the determination of
the class, quantity, or condition of product which was inspected other
than in an official plant may request an appeal inspection by filing
such request with the Regional Director in the region where the product
is located or with the Chief of the Grading Branch.
[63 FR 69971, Dec. 17, 1998]
Sec. 57.320 How to file an appeal.
The request for an appeal inspection or review of an inspector's
decision may be made orally or in writing. If made orally, written
confirmation may be required. The applicant shall clearly state the
identity of the product, the decision which is questioned, and the
reason(s) for requesting the appeal service. If such appeal request is
based on the results stated on an official certificate, the original and
all copies of the certificate available at the appeal inspection site
shall be provided to the inspector assigned to make the appeal
inspection.
Sec. 57.330 When an application for an appeal grading or inspection may be refused.
When it appears to the official with whom an appeal request is filed
that the reasons given in the request are frivolous or not substantial,
or that the condition of the product has undergone a material change
since the original grading or inspection, or that the original lot has
changed in some manner, or the Act or the regulations in this part have
not been complied with, the applicant's request for the appeal
inspection may be refused. In such case, the applicant shall be promptly
notified of the reason(s) for such refusal.
Sec. 57.340 Who shall perform the appeal.
The assignment of the inspector(s) who will make the appeal
inspection under Sec. 57.310 shall be made by the Regional Director or
the Chief of the Grading Branch, Poultry Division, Agricultural
Marketing Service.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.350 Procedures for selecting appeal samples.
(a) Prohibition on movement of product. Products shall not have been
moved from the place where the inspection being appealed was performed
and must have been maintained under adequate refrigeration when
applicable.
(b) Laboratory analyses. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. When the original sample containers
cannot be located, the appeal sample shall consist of product taken at
random from double the number of original sample containers.
(c) Condition inspection. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. A condition appeal cannot be made unless
all originally sampled containers are available.
Sec. 57.360 Appeal inspection certificates.
Immediately after an appeal inspection is completed, an appeal
certificate shall be issued to show that the original inspection was
sustained or was not sustained. Such certificate shall supersede any
previously issued certificate for the product involved and shall clearly
identify the number and date of the superseded certificate. The issuance
of the appeal certificate may be withheld until any previously issued
certificate and all copies have been returned when such action is deemed
necessary to protect the interest of the Government. When the appeal
inspector assigns a different class to the lot or determines that a net
weight shortage exists, the lot shall be retained pending correction of
the labeling or approval of the product disposition by the National
Supervisor.
Sec. 57.370 Cost of appeals.
(a) There shall be no cost to the appellant when the appeal
inspection discloses a material error was made in the original
determination.
[[Page 79]]
(b) The costs of an appeal shall be borne by the appellant at an
hourly rate of $27.36, including travel time and expenses if the appeal
was frivolous, including but not being limited to the following: The
appeal inspection discloses that no material error was made in the
original inspection, the condition of the product has undergone a
material change since the original inspection, the original lot has
changed in some manner, or the Act or these regulations have not been
complied with.
Identifying and Marking Product
Sec. 57.410 Shell eggs required to be labeled.
All shell eggs packed into containers destined for the ultimate
consumer shall be labeled to indicate that refrigeration is required,
e.g., ``Keep Refrigerated,'' or words of similar meaning.
[63 FR 69968, 69971, Dec. 17, 1998]
Retention
Sec. 57.426 Retention.
Retention tags or other devices and methods as may be approved by
the Administrator shall be used for the identification and control of
products which are not in compliance with the regulations or are held
for further examination, and any equipment, utensils, rooms or
compartments which are found to be unclean or otherwise in violation of
the regulations. No product, equipment, utensil, room, or compartment
shall be released for use until it has been made acceptable. Such
identification shall not be removed by anyone other than an inspector.
Processing Requirements
Sec. 57.504 General operating procedures.
(a)-(b) [Reserved]
(c) All loss and inedible eggs or egg products shall be placed in a
container clearly labeled ``inedible'' and containing a sufficient
amount of approved denaturant or decharacterant, such as FD&C brown,
blue, black, or green colors, meat and fish by-products, grain and
milling by-products, or any other substance, as approved by the
Administrator, that will accomplish the purposes of this section. Shell
eggs shall be crushed and the substance shall be dispersed through the
product in amounts sufficient to give the product a distinctive
appearance or odor.
[63 FR 69971, Dec. 17, 1998]
Registration of Shell Egg Handlers
Sec. 57.690 Persons required to register.
Shell egg handlers, except for producer-packers with an annual egg
production from a flock of 3,000 hens or less, who grade and pack eggs
for the ultimate consumer, and hatcheries are required to register with
the U.S. Department of Agriculture by furnishing their name, place of
business, and such other information as is requested on forms provided
by or available from the U.S. Department of Agriculture. Completed forms
shall be sent to the addressee indicated on the form. Persons as those
listed above who are establishing a business will be required to
register before they start operations.
[40 FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 45675, Aug. 27, 1998. Redesignated at 63 FR 69970, Dec. 17, 1998]
Effective Date Note: At 63 FR 69970, Dec. 17, 1998, Sec. 57.690 was
redesignated from Sec. 59.690. At 63 FR 45675, Aug. 27, 1998,
Sec. 59.690 was amended by revising the first sentence, effective Aug.
27, 1999. For the convenience of the user, the superseded text is set
forth as follows:
Sec. 59.690 Persons required to register.
Shell egg handlers, except for producer-packers with an annual egg
production from a flock of 3,000 hens or less, who grade and pack eggs
for the ultimate consumer (e.g., retail stores, households, restaurants,
institutions, food manufacturers, etc.), and hatcheries, are required to
register with the U.S. Department of Agriculture by furnishing their
name, place of business, and such other information as is requested on
forms provided by and/or available from the U.S. Department of
Agriculture. * * *
[[Page 80]]
Inspection and Disposition of Restricted Eggs
Sec. 57.700 Prohibition on disposition of restricted eggs.
(a) No person shall buy, sell, or transport, or offer to buy or
sell, or offer or receive for transportation in any business in commerce
any restricted eggs, except as authorized in Secs. 57.100 and 57.720.
(b) No egg handler shall possess any restricted eggs, except as
authorized in Secs. 57.100 and 57.720.
(c) No egg handler shall use any restricted eggs in the preparation
of human food, except as provided in Secs. 57.100 and 57.720.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, and at 63 FR
69970, Dec. 17, 1998]
Sec. 57.720 Disposition of restricted eggs.
(a) Eggs classified as checks, dirties, incubator rejects,
inedibles, leakers, or loss shall be disposed of by one of the following
methods at point and time of segregation:
(1) Checks and dirties shall be labeled in accordance with
Sec. 57.800 and shipped directly or indirectly to an official egg
products plant for segregation and processing. Inedible and loss eggs
shall not be intermingled in the same container with checks and dirties.
(2) By destruction in a manner approved by the Administrator, such
as crushing and denaturing or decharacterizing in accordance with
Sec. 57.504(c) and identifying the product as ``Inedible Egg Product--
Not To Be Used As Human Food.''
(3) Processing for industrial use or for animal food. Such product
shall be denatured or decharacterized in accordance with Sec. 57.504(c)
and identified as provided in Secs. 57.840 and 57.860, or handled in
accordance with other procedures approved by the Administrator.
Notwithstanding the foregoing, product which was produced under official
supervision and transported for industrial use or animal food need not
be denatured or decharacterized if it is shipped under Government seal
and received by an inspector or grader as defined in this part.
(4) By coloring the shells of loss and inedible eggs with a
sufficient amount of FD&C color to give a distinct appearance, or
applying a substance that will penetrate the shell and decharacterize
the egg meat. Except that, lots of eggs containing significant
percentages of blood spots or meat spots, but no other types of loss or
inedible eggs may be shipped directly to official egg products plants,
provided they are conspicuously labeled with the name and address of the
shipper and the wording ``Spots--For Processing Only In Official Egg
Products Plants.''
(5) Incubator rejects shall be broken or crushed and denatured or
decharacterized in accordance with Sec. 57.504(c) and labeled as
required in Secs. 57.840 and 57.860.
(b) Eggs which are packed for the ultimate consumer and which have
been found to exceed the tolerance for restricted eggs permitted in the
official standards for U.S. Consumer Grade B shall be identified as
required in Secs. 57.800 and 57.860 and shall be shipped directly or
indirectly:
(1) To an official egg products plant for proper segregation and
processing; or
(2) Be regraded so that they comply with the official standards; or
(3) Used as other than human food.
(c) Records shall be maintained as provided in Sec. 57.200 to assure
proper disposition.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971; 37 FR 6659, Apr.
1, 1972; 40 FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended
at 47 FR 745, Jan. 7, 1982; 60 FR 49170, Sept. 21, 1995. Redesignated at
63 FR 69970, Dec. 17, 1998]
Sec. 57.760 Inspection of egg handlers.
Duly authorized representatives of the Secretary shall make such
periodic inspections of egg handlers, their transport vehicles, and
their records as the Secretary may require to ascertain if any of the
provisions of the Act or this part applicable to such egg handlers have
been violated. Such representatives shall be afforded access to
[[Page 81]]
any place of business, plant, or transport vehicle subject to inspection
under the provisions of the Act.
[63 FR 45675, Aug. 27, 1998. Redesignated at 63 FR 69970, Dec. 17, 1998]
Effective Date Note: At 63 FR 69970, Dec. 17, 1998, Sec. 57.760 was
redesignated from Sec. 59.760. At 63 FR 45675, Aug. 27, 1998,
Sec. 59.760 was revised, effective Aug. 27, 1999. For the convenience of
the user, the superseded text is set forth as follows:
Sec. 59.760 Inspection of egg handlers.
Duly authorized representatives of the Administrator shall make such
periodic inspections of egg handlers and their records as the
Administrator may require to ascertain if any of the provisions of the
Act or these regulations applicable to such egg handlers have been
violated. Such representatives shall be afforded access, at any
reasonable time, to any place of business or plant subject to inspection
under the provisions of the Act.
Identification of Restricted Eggs or Egg Products Not Intended for Human
Consumption
Sec. 57.800 Identification of restricted eggs.
The shipping container of restricted eggs shall be determined to be
satisfactorily identified if such container bears the packer's name and
address, the quality of the eggs in the container (e.g., dirties,
checks, inedibles, or loss), or the statement ``Restricted Eggs--For
Processing Only In An Official USDA Egg Products Plant,'' for checks or
dirties, or ``Restricted Eggs--Not To Be Used As Human Food,'' for
inedibles, loss, and incubator rejects, or ``Restricted Eggs--To Be
Regraded'' for graded eggs which contain more restricted eggs than are
allowed in the official standards for U.S. Consumer Grade B shell eggs.
The size of the letters of the identification wording shall be as
required in Sec. 57.860. When eggs are packed in immediate containers,
e.g., cartons, sleeve packs, overwrapped 2\1/2\- or 3-dozen packs, etc.,
for sale to household consumers under the exemptions provided for in
section 57.100 (c), or (f), they shall be deemed to be satisfactorily
identified in accordance with the requirements of this part if such
immediate containers bear the packer's name and address and the quality
of the eggs. Alternatively, a point of sale sign may be displayed
showing the above information.
Sec. 57.801 Nest run or washed ungraded eggs.
Nest run or washed ungraded eggs are exempt from the labeling
provisions in Sec. 57.800. However, when such eggs are packed and sold
to consumers, they may not exceed the tolerance for restricted eggs
permitted in the official standards for U.S. Consumer Grade B shell
eggs.
[60 FR 49171, Sept. 21, 1995. Redesignated at 63 FR 69970, Dec. 17,
1998]
Sec. 57.840 Identification of inedible, unwholesome, or adulterated egg products.
All inedible, unwholesome, or adulterated egg products shall be
identified with the name and address of the processor, the words
``Inedible Egg Products--Not To Be Used as Human Food.''
Sec. 57.860 Identification wording.
The letters of the identification wording shall be legible and
conspicuous.
Imports
Sec. 57.900 Requirements for importation of restricted eggs into the United States.
(a) Restricted eggs may be imported into the United States from any
foreign country only in accordance with these regulations. The term
United States means any State of the United States, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, and the District
of Columbia. The importation of any egg in violation of the regulations
of this part is prohibited.
(b) All such imported articles shall upon entry into the United
States be deemed and treated as domestic articles and be subject to the
other provisions of the Act, these regulations, and other Federal or
State requirements.
[63 FR 69968, 69971, Dec. 17, 1998]
[[Page 82]]
Sec. 57.905 Importation of restricted eggs or eggs containing more restricted eggs than permitted in the official standards for U.S. Consumer Grade B.
(a) No containers of restricted egg(s) other than checks or dirties
shall be imported into the United States. The shipping containers of
such eggs shall be identified with the name, address, and country of
origin of the exporter, and the date of pack and quality of the eggs
(e.g., checks, or dirties) preceded by the word ``Imported'' or the
statement ``Imported Restricted Eggs--For Processing Only In An Official
USDA Plant,'' or ``Restricted Eggs--Not To Be Used As Human Food.'' Such
identification shall be legible and conspicuous. Alternatively, for
properly sealed and certified shipments of shell eggs imported for
breaking at an official egg products plant, the shipping containers need
not be labeled, provided that the shipment is segregated and controlled
upon arrival at the destination breaking plant.
(b) Eggs which are imported for use as human food and upon entry are
found to contain more restricted eggs than permitted in the official
standards for U.S. Consumer Grade B, shall be refused entry and returned
to the importing country or be conspicuously and legibly identified as
``Imported Restricted Eggs'' and be sent directly under official seal:
(1) To a place where they may be regraded to comply with the official
U.S. standards for consumer grades; (2) to an official USDA egg products
processing plant; or (3) to be used as other than human food.
Sec. 57.915 Foreign inspection certification required.
(a) [Reserved]
(b) Except as otherwise provided in Sec. 57.960, each consignment of
shell eggs shall be accompanied by a foreign inspection certificate,
which, unless otherwise approved by the Administrator contains the
following information:
(1) Country exporting product;
(2) City and date where issued;
(3) Quality or description of eggs;
(4) Number of cases and total quantity;
(5) Identification marks on containers;
(6) Name and address of exporter;
(7) Name and address of importer;
(8) A certification that the quality or description of the shell
eggs, including date of pack, is true and accurate;
(9) A certification that shell eggs which have been packed into
containers destined for the ultimate consumer have, at all times after
packing, been stored and transported under refrigeration at an ambient
temperature of no greater than 45 deg.F (7.2 deg.C); and
(10) Name (including signature) and title of person authorized to
issue inspection certificates for shell eggs exported to the United
States.
[63 FR 69968, 69971, Dec. 17, 1998]
Effective Date Note: At 63 FR 69970, Dec. 17, 1998, Sec. 57.915 was
added by duplicating the text of Sec. 59.915. At 63 FR 45675, Aug. 27,
1998, Sec. 59.915 was amended by revising the section heading, by
removing the word ``and'' at the end of paragraph (b)(8), by
redesignating paragraph (b)(9) as paragraph (b)(10), and by adding a new
paragraph (b)(9), effective Aug. 27, 1999.
Sec. 57.920 Importer to make application for inspection of imported eggs.
Each person importing any eggs shall make application for inspection
upon PY Form 222-Import Request, to the Chief, Poultry Grading Branch,
Poultry Division, Agricultural Marketing Service, U.S. Department of
Agriculture, Washington, DC 20250, or to the Poultry Division, Poultry
Grading Branch office at the port where the product is to be offered for
importation. Application shall be made as long as possible prior to the
arrival of each consignment of product, except in the case of product
exempted from inspection by Sec. 57.960. Each application shall state
the approximate date of product arrival in the United States, the name
of the ship or other carrier, the country from which the product was
shipped, the destination, the quantity and class of product, whether
fresh, frozen, or dried, and the point of first arrival in the United
States.
[63 FR 69968, 69971, Dec. 17, 1998]
[[Page 83]]
Sec. 57.925 Inspection of imported eggs.
(a) Except as provided in Sec. 57.960, eggs offered for importation
from any foreign country shall be subject to inspection in accordance
with established inspection procedures, including the examination of the
labeling information on the containers, by an inspector before the
product shall be admitted into the United States. Importers will be
advised of the point where inspection will be made, and in case of small
shipments (less than carload lots), the importer may be required to move
the product to the location of the nearest inspector.
(b) Inspectors may take samples, without cost to the United States,
of any product offered for importation which is subject to analysis or
quality determination, except that samples shall not be taken of any
products offered for importation under Sec. 57.960, unless there is
reason for suspecting the presence therein of a substance in violation
of that section.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.930 Imported eggs; retention in customs custody; delivery under bond; movement prior to inspection; sealing; handling; facilities, and assistance.
(a) No eggs required by this part to be inspected shall be released
from customs custody prior to required inspections, but such product may
be delivered to the consignee, or his agent, prior to inspection if the
consignee shall furnish a bond, in the form prescribed by the Secretary
of the Treasury, conditioned that the product shall be returned, if
demanded, to the collector of the port where the same is offered for
clearance through customs.
(b) Notwithstanding paragraph (a) of this section, no product
required by this part to be inspected shall be moved prior to inspection
from the port of arrival where first unloaded, and if arriving by water
from the wharf where first unloaded at such port, to any place other
than the place designated in accordance with this part as the place
where the same shall be inspected; and no product shall be conveyed in
any manner other than in compliance with this part.
(c) Means of conveyance or packages in which any product is moved in
accordance with this part, prior to inspection, from the port or wharf
where first unloaded in the United States, shall be sealed with special
import seals of the U.S. Department of Agriculture or otherwise
identified as provided herein, unless already sealed with customs or
consular seals in accordance with the customs regulations. Such special
seals shall be affixed by an inspector or, if there is no inspector at
such port, by a customs officer. In lieu of sealing packages, the
carrier or importer may furnish and attach to each package of product a
warning notice on bright yellow paper, not less than 5 x 8 inches in
size, containing the following legend in black type of a conspicuous
size:
(Name of Truck Line or Carrier)
Notice
This package of __________ must be delivered intact to an inspector
of the Poultry Division, U.S. Department of Agriculture.
Warning
Failure to comply with these instructions will result in penalty
action being taken against the holder of the customs entry bond.
If the product is found to be acceptable upon inspection, the
product may be released to the consignee, or his agent, and this warning
notice defaced.
(d) No person shall affix, break, alter, deface, mutilate, remove,
or destroy any special import seal of the U.S. Department of
Agriculture, except customs officers or inspectors, or as provided in
paragraph (f) of this section.
(e) No product shall be removed from any means of conveyance or
package sealed with a special import seal of the U.S. Department of
Agriculture, except under the supervision of an inspector or a customs
officer, or as provided in paragraph (f) of this section.
(f) In case of a wreck or similar extraordinary emergency, the
special import seal of the U.S. Department of Agriculture on a car,
truck, or other means of conveyance may be broken by the carrier and, if
necessary, the articles may be reloaded into another means of conveyance
for transportation to destination. In all such cases,
[[Page 84]]
the carrier shall immediately report the facts by telegraph to the Chief
of the Grading Branch.
(g) The consignee or his agent shall provide such facilities and
assistance as the inspector may require for the inspection and handling
and marking of products offered for importation.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.935 Means of conveyance and equipment used in handling eggs to be maintained in sanitary condition.
Compartments of boats, railroad cars, and other means of conveyance
transporting any product to the United States, and all chutes,
platforms, racks, tables, tools, utensils, and all other devices used in
moving and handling such product offered for importation, shall be
maintained in a sanitary condition.
Sec. 57.945 Foreign eggs offered for importation; reporting of findings to customs; handling of products refused entry.
(a) Inspectors shall report their findings to the collector of
customs at the port where products are offered for entry, and shall
request the collector to refuse entry to eggs which are marked or
designated ``U.S. Refused Entry'' or otherwise are not in compliance
with the regulations in this part. Unless such products are exported by
the consignee within a time specified by the collector of customs
(usually 30 days), the consignee shall cause the destruction of such
products for human food purposes under the supervision of an inspector.
If products are destroyed for human food purposes under the supervision
of an inspector, he shall give prompt notice thereof to the District
Director of Customs.
(b) Consignees shall, at their own expense, return immediately to
the collector of customs, in means of conveyance or packages sealed by
the U.S. Department of Agriculture, any eggs received by them under this
part which in any respect do not comply with this part.
(c) Except as provided in Sec. 57.930(a), no person shall remove or
cause to be removed from any place designated as the place of
inspection, any eggs which the regulations require to be marked in any
way, unless the same has been clearly and legibly marked in compliance
with this part.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.950 Labeling of containers of eggs for importation.
(a) Immediate containers of product offered for importation shall
bear a label, printed in English, showing:
(1) The name of product;
(2) the name of the country of origin of the product, and for
consumer packaged products, preceded by the words ``Product of,'' which
statement shall appear immediately under the name of the product;
(3) The quality or description of shell eggs, including date of
pack;
(4) For shell eggs, the words, ``Keep Refrigerated,'' or words of
similar meaning;
(5) [Reserved]
(6) the name and place of business of manufacturer, packer, or
distributor, qualified by a phrase which reveals the connection that
such person has with the product;
(7) an accurate statement of the quantity;
(b) For properly sealed and certified shipments of shell eggs
imported for breaking at an official egg products plant, the immediate
containers need not be labeled, provided that the shipment is segregated
and controlled upon arrival at the destination breaking plant.
(c) The labels shall not be false or misleading in any respect.
[63 FR 69968, 69971, Dec. 17, 1998]
Effective Date Note: At 63 FR 69970, Dec. 17, 1998, Sec. 57.950 was
added by duplicating the text of Sec. 59.950. At 63 FR 45675, Aug. 27,
1998, Sec. 59.950 was amended by redesignating paragraphs (a)(4) through
(a)(8) as paragraphs (a)(5) through (a)(9), and by adding a new
paragraph (a)(4), effective Aug. 27, 1999.
Sec. 57.955 Labeling of shipping containers of eggs for importation.
(a) Shipping containers of foreign product which are shipped to the
United States shall bear in a prominent and legible manner:
(1) The common or usual name of the product;
(2) The name of the country of origin;
[[Page 85]]
(3)-(4) [Reserved]
(5) The quality or description of the eggs, except as required in
Sec. 57.905;
(6) The words ``Keep refrigerated'' or words of similar meaning.
(b) Labeling on shipping containers examined at the time of
inspection in the United States, if found to be false or misleading,
shall be cause for the product to be refused entry.
(c) For properly sealed and certified shipments of shell eggs
imported for breaking at an official egg products plant, the shipping
containers need not be labeled, provided that the shipment is segregated
and controlled upon arrival at the destination breaking plant.
(d) In the case of products which are not in compliance solely
because of misbranding, such products may be brought into compliance
with the regulations only under the supervision of an authorized
representative of the Administrator.
[63 FR 69968, 69971, Dec. 17, 1998]
Effective Date Note: At 63 FR 69970, Dec. 17, 1998, Sec. 57.955 was
added by duplicating the text of Sec. 59.955. At 63 FR 45675, Aug. 27,
1998, Sec. 59.955 was amended by redesignating paragraphs (b) and (c) as
paragraphs (c) and (d), by redesignating the last sentence of paragraph
(a) as new paragraph (b), and by revising paragraph (a), effective Aug.
27, 1999. The superseded text of Sec. 57.955 remaining in effect until
Aug. 27, 1999, appears below:
Sec. 59.955 Labeling of shipping containers of eggs or egg products for
importation.
(a) Shipping containers of foreign product which are shipped to the
United States shall bear in a prominent and legible manner the true name
of the product, the name of the country of origin, the plant number of
the plant in which the egg product was processed and/or packed, and for
egg products, the inspection mark of the country of origin, the quality
or description for shell eggs, except as required in Sec. 59.905 of this
part.
* * * * *
Sec. 57.960 Small importations for consignee's personal use, display, or laboratory analysis.
Any eggs which are offered for importation, exclusively for the
consignee's personal use, display, or laboratory analysis, and not for
sale or distribution; which is sound, healthful, wholesome, and fit for
human food; and which is not adulterated and does not contain any
substance not permitted by the Act or regulations, may be admitted into
the United States without a foreign inspection certificate. Such product
is not required to be inspected upon arrival in the United States and
may be shipped to the consignee without further restriction under this
part: Provided, That the Department may, with respect to any specific
importation, require that the consignee certify that such product is
exclusively for the consignee's personal use, display, or laboratory
analysis and not for sale or distribution. The amount of such product
imported shall not exceed 30-dozen shell eggs, unless otherwise
authorized by the Administrator.
[63 FR 69968, 69971, Dec. 17, 1998]
Sec. 57.965 Returned U.S. inspected and marked products; not importations.
Products which have been inspected by the United States Department
of Agriculture and so marked, and which are returned from foreign
countries are not importations within the meaning of this part. Such
returned shipments shall be reported to the Administrator by letter.
Sec. 57.970 Charges for storage, cartage, and labor with respect to products imported contrary to the Act.
All charges for storage, cartage, and labor with respect to any
product which is imported contrary to this part shall be paid by the
owner or consignee, and in default of such payment shall constitute a
lien against such
[[Page 86]]
product and any other product thereafter imported under the Act by or
for such owner or consignee.
PART 58--GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS1--Table of Contents
Subpart A--Regulations Governing the Inspection and Grading
Services of Manufactured or Processed Dairy Products
Definitions
---------------------------------------------------------------------------
1 Compliance with these standards does not excuse
failure to comply with the provisions of the Federal Food, Drug and
Cosmetic Act.
---------------------------------------------------------------------------
Sec.
58.1 Meaning of words.
58.2 Designation of official certificates, memoranda, marks,
identifications, and devices for purpose of the Agricultural
Marketing Act.
Administration
58.3 Authority.
Inspection or Grading Service
58.4 Basis of service.
58.5 Where service is offered.
58.6 Supervision of service.
58.7 Who may obtain service.
58.8 How to make application.
58.9 Form of application.
58.10 Filing of application.
58.11 Approval of application.
58.12 When application may be rejected.
58.13 When application may be withdrawn.
58.14 Authority of applicant.
58.15 Accessibility and condition of product.
58.16 Disposition of samples.
58.17 Order of service.
58.18 Inspection or grading certificates, memoranda, or reports.
58.19 Issuance of inspection or grading certificates.
58.20 Disposition of inspection or grading certificates or reports.
58.21 Advance information.
Appeal Inspection or Grading and Reinstatement of Regrading
58.22 When appeal inspection or grading may be requested.
58.23 How to obtain appeal inspection or grading.
58.24 Record of filing time.
58.25 When an application for appeal inspection or grading may be
refused.
58.26 When an application for an appeal inspection or grading may be
withdrawn.
58.27 Order in which appeal inspections or gradings are performed.
58.28 Who shall make appeal inspections or gradings.
58.29 Appeal inspection or grading certificate or report.
58.30 Application for reinspection or regrading.
58.31 Reinspection or regrading certificate or report.
58.32 Superseded certificates or reports.
Licensing of Inspectors or Graders
58.33 Who may be licensed.
58.34 Suspension or revocation of license.
58.35 Surrender of license.
58.36 Identification.
58.37 Financial interest of licensees.
Fees and Charges
58.38 Payment of fees and charges.
58.39 Fees for holiday or other nonworktime.
58.40 Fees for appeal inspection or grading.
58.41 Fees for additional copies of certificates.
58.42 Travel expenses and other charges.
58.43 Fees for inspection, grading, and sampling.
58.45 Fees for continuous resident services.
58.46 Fees for service performed under cooperative agreement.
Marking, Branding, and Identifying Product
58.49 Authority to use official identification.
58.50 Approval and form of official identification.
58.51 Information required on official identification.
58.52 Time limit for packaging inspected or graded products with
official identification.
Prerequisites to Packaging Products With Official Identification
58.53 Supervisor of packaging required.
58.54 Packing and packaging room and equipment.
58.55 Facilities for keeping quality samples.
58.56 Incubation of product samples.
58.57 Product not eligible for packaging with official identification.
Violations
58.58 Debarment of service.
Miscellaneous
58.61 Political activity.
58.62 Report of violations.
58.63 Other applicable regulations.
58.64 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
[[Page 87]]
Subpart B--General Specifications for Dairy Plants Approved for USDA
Inspection and Grading Service
Definitions
58.100 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
58.101 Meaning of words.
Purpose
58.122 Approved plants under USDA inspection and grading service.
Approved Plants
58.123 Survey and approval.
58.124 Denial or suspension of plant approval.
Premises, Buildings, Facilities, Equipment and Utensils
58.125 Premises.
58.126 Buildings.
58.127 Facilities.
58.128 Equipment and utensils.
Personnel, Cleanliness and Health
58.129 Cleanliness.
58.130 Health.
Protection and Transport of Raw Milk and Cream
58.131 Equipment and facilities.
Quality Specifications for Raw Milk
58.132 Basis for classification.
58.133 Methods for quality and wholesomeness determination.
58.134 Sediment content.
58.135 Bacterial estimate.
58.136 Rejected milk.
58.137 Excluded milk.
58.138 Quality testing of milk from new producers.
58.139 Record of tests.
58.140 Field service.
58.141 Alternate quality control program.
Operations and Operating Procedures
58.142 Product quality and stability.
58.143 Raw product storage.
58.144 Pasteurization or ultra-pasteurization.
58.145 Composition and wholesomeness.
58.146 Cleaning and sanitizing treatment.
58.147 Insect and rodent control program.
58.148 Plant records.
58.149 Alternate quality control programs for dairy products.
Packaging and General Identification
58.150 Containers.
58.151 Packaging and repackaging.
58.152 General identification.
Storage of Finished Product
58.153 Dry storage.
58.154 Refrigerated storage.
Inspection, Grading and Official Identification
58.155 Grading.
58.156 Inspection.
58.157 Inspection or grading certificates.
58.158 Official identification.
Explanation of Terms
58.159 Terms.
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Nonfat Dry Milk, Instant Nonfat Dry Milk, Dry Whole Milk, and
Dry Buttermilk
Definitions
58.205 Meaning of words.
Rooms and Compartments
58.210 Dry storage of product.
58.211 Packaging room for bulk products.
58.212 Hopper or dump room.
58.213 Repackaging room.
Equipment and Utensils
58.214 General construction, repair and installation.
58.215 Pre-heaters.
58.216 Hotwells.
58.217 Evaporators and/or vacuum pans.
58.218 Surge tanks.
58.219 High pressure pumps and lines.
58.220 Drying systems.
58.221 Collectors and conveyors.
58.222 Dry dairy product cooling equipment.
58.223 Special treatment equipment.
58.224 Sifters.
58.225 Clothing and shoe covers.
58.226 Portable and stationary bulk bins.
58.227 Sampling device.
58.228 Dump hoppers, screens, mixers and conveyors.
58.229 Filler and packaging equipment.
58.230 Heavy duty vacuum cleaners.
Quality Specifications for Raw Materials
58.231 General.
58.232 Milk.
58.233 Skim milk.
58.234 Buttermilk.
58.235 Modified dry milk products.
Operations and Operating Procedures
58.236 Pasteurization and heat treatment.
58.237 Condensed surge supply.
58.238 Condensed storage tanks.
58.239 Drying.
58.240 Cooling dry products.
58.241 Packaging, repackaging and storage.
58.242 Product adulteration.
[[Page 88]]
58.243 Checking quality.
58.244 Number of samples.
58.245 Method of official sample analysis.
58.246 Cleaning of dryers, collectors, conveyors, ducts, sifters and
storage bins.
58.247 Insect and rodent control program.
Requirements for Finished Products Bearing USDA Official Identification
58.248 Nonfat dry milk.
58.249 Instant nonfat dry milk.
58.250 Dry whole milk.
58.251 Dry buttermilk and dry buttermilk product.
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Butter and Related Products
Definitions
58.305 Meaning of words.
Rooms and Compartments
58.311 Coolers and freezers.
58.312 Churn rooms.
58.313 Print and bulk packaging rooms.
Equipment and Utensils
58.314 General construction, repair and installation.
58.315 Continuous churns.
58.316 Conventional churns.
58.317 Bulk butter trucks, boats, texturizers, and packers.
58.318 Butter, frozen or plastic cream melting machines.
58.319 Printing equipment.
58.320 Brine tanks.
58.321 Cream storage tanks.
Quality Specifications for Raw Material
58.322 Cream.
58.323 [Reserved]
58.324 Butteroil.
58.325 Anhydrous milkfat.
58.326 Plastic cream.
58.327 Frozen cream.
58.328 Salt.
58.329 Color.
58.330 Butter starter cultures.
58.331 Starter distillate.
Operations and Operating Procedures
58.332 Segregation of raw material.
58.334 Pasteurization.
58.335 Quality control tests.
58.336 Frequency of sampling for quality control of cream, butter and
related products.
58.337 Official test methods.
58.338 Composition and wholesomeness.
58.339 Containers.
58.340 Printing and packaging.
58.341 Repackaging.
58.342 General identification.
58.343 Storage of finished product in coolers.
58.344 Storage of finished product in freezer.
Requirements for Finished Products Bearing USDA Official Identification
58.345 Butter.
58.346 Whipped butter.
58.347 Butteroil or anhydrous milkfat.
58.348 Plastic cream.
58.349 Frozen cream.
Supplemental Specifications for Plants Manufacturing and Packaging
Cheese
Definitions
58.405 Meaning of words.
Rooms and Compartments
58.406 Starter facility.
58.407 Make room.
58.408 Brine room.
58.409 Drying room.
58.410 Paraffining room.
58.411 Rindless cheese wrapping area.
58.412 Coolers or curing rooms.
58.413 Cutting and packaging rooms.
Equipment and Utensils
58.414 General construction, repair and installation.
58.415 Starter vats.
58.416 Cheese vats, tanks and drain tables.
58.417 Mechanical agitators.
58.418 Automatic cheese making equipment.
58.419 Curd mill and miscellaneous equipment.
58.420 Hoops, forms and followers.
58.421 Press.
58.422 Brine tank.
58.423 Cheese vacuumizing chamber.
58.424 Monorail.
58.425 Conveyor for moving and draining block or barrel cheese.
58.426 Rindless cheese wrapping equipment.
58.427 Paraffin tanks.
58.428 Specialty equipment.
58.429 Washing machine.
Quality Specifications for Raw Material
58.430 Milk.
58.431 Hydrogen peroxide.
58.432 Catalase.
58.433 Cheese cultures.
58.434 Calcium chloride.
58.435 Color.
58.436 Rennet, pepsin, or other milk clotting enzymes and flavor
enzymes.
58.437 Salt.
Operations and Operating Procedures
58.438 Cheese from pasteurized milk.
58.439 Cheese from unpasteurized milk.
58.440 Make schedule.
58.441 Records.
58.442 Laboratory and quality control tests.
[[Page 89]]
58.443 Whey handling.
58.444 Packaging and repackaging.
58.445 General identification.
Requirements for Finished Products Bearing USDA Official Identification
58.446 Quality requirements.
Supplemental Specifications for Plants Manufacturing and Packaging
Cottage Cheese
Definitions
58.505 Meaning of words.
Rooms and Compartments
58.510 Rooms and compartments.
Equipment and Utensils
58.511 General construction, repair and installation.
58.512 Cheese vats or tanks.
58.513 Agitators.
58.514 Container fillers.
58.515 Mixers.
58.516 Starter vats.
Quality Specifications for Raw Material
58.517 General.
58.518 Milk.
58.519 Dairy products.
58.520 Nondairy ingredients.
Operations and Operating Procedures
58.521 Pasteurization and product flow.
58.522 Reconstituting nonfat dry milk.
58.523 Laboratory and quality control tests.
58.524 Packaging and general identification.
58.525 Storage of finished product.
Requirements for Cottage Cheese Bearing USDA Official Identification
58.526 Official identification.
58.527 Physical requirements.
58.528 Microbiological requirements.
58.529 Chemical requirements.
58.530 Keeping quality requirements.
Supplemental Specifications for Plants Manufacturing, Processing, and
Packaging Frozen Desserts
Definitions
58.605 Meaning of words.
Rooms and Compartments
58.619 Mix processing room.
58.620 Freezing and packaging rooms.
58.621 Freezing tunnels.
58.622 Hardening and storage rooms.
Equipment and Utensils
58.623 Homogenizer.
58.624 Freezers.
58.625 Fruit or syrup feeders.
58.626 Packaging equipment.
Quality Specifications for Raw Material
58.627 Milk and dairy products.
58.628 Sweetening agents.
58.629 Flavoring agents.
58.630 Stabilizers.
58.631 Emulsifiers.
58.632 Acid.
58.633 Color.
Operations and Operating Procedures
58.634 Assembling and combining mix ingredients.
58.635 Pasteurization of the mix.
58.636 Homogenization.
58.637 Cooling the mix.
58.638 Freezing the mix.
58.639 Addition of flavor.
58.640 Packaging.
58.641 Hardening and storage.
58.642 Quality control tests.
58.643 Frequency of sampling.
58.644 Test methods.
58.645 General identification.
Requirements for Finished Products Bearing USDA Official Identification
58.646 Official identification.
58.647 Composition requirements for ice cream.
58.648 Microbiological requirements for ice cream.
58.649 Physical requirements for ice cream.
58.650 Requirements for frozen custard.
58.651 Requirements for ice milk.
58.652 Composition requirements for sherbet.
58.653 Microbiological requirements for sherbet.
58.654 Physical requirements for sherbet.
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Pasteurized Process Cheese and Related Products
Definitions
58.705 Meaning of words.
Equipment and Utensils
58.706 General construction, repair and installation.
58.707 Conveyors.
58.708 Grinders or shredders.
58.709 Cookers.
58.710 Fillers.
Quality Specifications for Raw Material
58.711 Cheddar, colby, washed or soaked curd, granular or stirred curd
cheese.
58.712 Swiss.
58.713 Gruyere.
58.714 Cream cheese, Neufchatel cheese.
58.715 Cream, plastic cream and anhydrous milkfat.
[[Page 90]]
58.716 Nonfat dry milk.
58.717 Whey.
58.718 Flavor ingredients.
58.719 Coloring.
58.720 Acidifying agents.
58.721 Salt.
58.722 Emulsifying agents.
Operations and Operating Procedures
58.723 Basis for selecting cheese for processing.
58.724 Blending.
58.725 Trimming and cleaning.
58.726 Cutting and grinding.
58.727 Adding optional ingredients.
58.728 Cooking the batch.
58.729 Forming containers.
58.730 Filling containers.
58.731 Closing and sealing containers.
58.732 Cooling the packaged cheese.
58.733 Quality control tests.
Requirements for Processed Cheese Products Bearing USDA Official
Identification
58.734 Official identification.
58.735 Quality specifications for raw materials.
Quality Specifications For Finished Products
58.736 Pasteurized process cheese.
58.737 Pasteurized process cheese food.
58.738 Pasteurized process cheese spread and related products.
Supplemental Specifications for Plants Manufacturing, Processing, and
Packaging Whey, Whey Products and Lactose
Definitions
58.805 Meaning of words.
Rooms and Compartments
58.806 General.
Equipment and Utensils
58.807 General construction, repair and installation.
Quality Specifications for Raw Materials
58.808 Whey.
Operations and Operating Procedures
58.809 Pasteurization.
58.810 Temperature requirements.
58.811 General.
58.812 Methods of official sample analysis.
Requirements for Finished Products Bearing USDA Official Identification
58.813 Dry whey.
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Evaporated and Condensed Milk or Ultra-Pasteurized Products
Definitions
58.905 Meaning of words.
Equipment and Utensils
58.912 General construction, repair and installation.
58.913 Evaporators and vacuum pans.
58.914 Fillers.
58.915 Batch or continuous in-container thermal processing equipment.
58.916 Homogenizer.
Operations and Operating Procedures
58.917 General.
58.918 Standardization.
58.919 Pre-heat, pasteurization.
58.920 Homogenization.
58.921 Concentration.
58.922 Thermal processing.
58.923 Filling containers.
58.924 Aseptic filling.
58.925 Sweetened condensed.
58.926 Heat stability.
58.927 Storage.
58.928 Quality control tests.
58.929 Frequency of sampling for quality control.
58.930 Official test methods.
58.931 General identification.
Quality Specifications for Raw Materials
58.932 Milk.
58.933 Stabilizers.
58.934 Sugars.
58.935 Chocolate and cocoa.
Requirements for Finished Products Bearing USDA Official Identification
58.936 Milk.
58.937 Physical requirements for evaporated milk.
58.938 Physical requirements and microbiological limits for sweetened
condensed milk.
Subparts C-V [Reserved]
Subpart W--United States Department of Agriculture Standard for Ice
Cream
58.2825 United States Standard for ice cream.
58.2826 General identification.
58.2827 Official identification.
Authority: 7 U.S.C. 1621--1627.
Source: 23 FR 9410, Dec. 5, 1958, unless otherwise noted.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981.
[[Page 91]]
Note: Compliance with these standards does not excuse failure to
comply with the provisions of the Federal Food, Drug, and Cosmetic Act.
Subpart A--Regulations Governing the Inspection and Grading Services of
Manufactured or Processed Dairy Products
Source: 37 FR 22363, Oct. 19, 1972, unless otherwise noted.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981.
Definitions
Sec. 58.1 Meaning of words.
For the purpose of the regulations in this subpart, words in the
singular form shall be deemed to import the plural and vice versa, as
the case may demand. Unless the context otherwise requires, the
following terms shall have the following meaning:
Act means the applicable provisions of the Agricultural Marketing
Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621-1627) or any other
act of Congress conferring like authority.
Administrator means the Administrator of the Agricultural Marketing
Service or any other officer or employee of the Agricultural Marketing
Service to whom authority has heretofore been delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Agricultural Marketing Service or AMS means the Agricultural
Marketing Service of the Department.
Applicant means any interested party who has applied for inspection
or grading service.
Approved laboratory means a laboratory in which the facilities and
equipment used for official testing have been adequate to perform the
necessary official tests in accordance with this part.
Approved plant means one or more adjacent buildings, or parts
thereof, comprising a single plant at one location in which the
facilities and methods of operation therein have been surveyed and
approved by the Administrator as suitable and adequate for inspection or
grading service in accordance with this part.
Area Supervisor means any employee of the Branch in charge of dairy
inspection or grading service in a designated geographical area.
Branch means the Dairy Inspection Branch of the Poultry and Dairy
Quality Division.
Chief means the Chief of the Branch, or any officer or employee of
the Branch to whom authority has been heretofore delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same kind
or method of processing.
Condition of container means the degree of acceptability of the
container with respect to freedom from defects which affect its
serviceability, including appearance as well as usability, of the
container for its intended purpose.
Condition of product or condition is an expression of the extent to
which a product is free from defects which affect its usability,
including but not limited to, the state of preservation, cleanliness,
soundness, wholesomeness, or fitness for human food.
Continuous resident service or resident service is inspection or
grading service performed at a dairy manufacturing plant or grading
station by an inspector or grader assigned to the plant or station on a
continuous, year-round, resident basis.
Department or USDA means the U.S. Department of Agriculture.
Director means the Director of the Poultry and Dairy Quality
Division, or any other officer or employee of the Division to whom
authority has heretofore been delegated or to whom authority may
hereafter be delegated, to act in his stead.
Division means the Poultry and Dairy Quality Division of the
Agricultural Marketing Service.
Inspection or grading service or service means in accordance with
this part, the act of (a) drawing samples of any product; (b)
determining the class, grade, quality, composition, size, quantity, or
condition of any product by examining each unit or representative
samples; (c) determining condition of product containers; (d)
identifying any
[[Page 92]]
product or packaging material by means of official identification; (e)
regrading or appeal grading of a previously graded product; (f)
inspecting dairy plant facilities, equipment, and operations; such as,
processing, manufacturing, packaging, repackaging, and quality control;
(g) supervision of packaging inspected or graded product; (h)
reinspection or appeal inspection; and (i) issuing an inspection or
grading certificate or sampling, inspection, or other report related to
any of the foregoing.
Inspector or grader means any Federal or State employee to whom a
license has been issued by the Administrator to perform one or more
types of inspection or grading services.
Inspection or grading office means the office of any inspector or
grader.
Interested party means any person financially interested in a
transaction involving any inspection or grading service.
Licensed plant employee means an employee of an approved plant to
whom a license is issued by the Administrator to supervise packaging of
officially inspected or graded product, perform laboratory tests, or
perform other duties as assigned by the Administrator. A licensed plant
employee is not authorized to issue any inspection or grading
certificate.
Product means butter, cheese (whether natural or processed), milk,
cream, milk products (whether dried, frozen, evaporated, stabilized, or
condensed), ice cream, dry whey, dry buttermilk, and any other food
product, which is prepared or manufactured in whole or in part from any
of the aforesaid products, as the Administrator may hereafter designate.
Person means any individual, partnership, association, business,
trust, corporation, or any organized group of persons, whether
incorporated or not.
Plant survey means an appraisal of the plant to determine extent to
which facilities, equipment, method of operation, and raw material being
received are in accordance with the provisions of this part. The survey
shall be used to determine suitability of the plant for inspection or
grading service.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Regulations means the provisions of this subpart.
Sampling report means a statement issued by an inspector or grader
identifying samples taken by him for inspection or grading service.
Supervisor of packaging means an employee of the Department or other
person licensed by the Administrator to supervise the packaging and
official identification of product or any repackaging of bulk product.
(60 Stat. 1087, 7 U.S.C. 1621 et seq.; 84 Stat. 1620, 21 U.S.C. 1031 et
seq.)
[37 FR 22363, Oct. 19, 1972, as amended at 38 FR 4381, Feb. 14, 1973.
Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138,
Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at
54 FR 15167, Apr. 17, 1989]
Sec. 58.2 Designation of official certificates, memoranda, marks, identifications, and devices for purpose of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said Act, and
certain misrepresentations concerning the inspection or grading of
agricultural products under said section. For the purposes of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed (including that prescribed in Sec. 58.18) used under
the regulations in this subpart to certify with respect to the
inspection of dairy processing plants and the inspection, class, grade,
quality, size, quantity, or condition of products (including the
compliance of products and packaging material with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an
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authorized person in the process of inspecting, grading, determining
compliance, or sampling pursuant to the regulations in this subpart, any
processing or plant-operation report made by an authorized person in
connection with inspecting, grading, determining compliance, or sampling
under the regulations in this subpart, and any report made by an
authorized person of services performed pursuant to the regulations in
this subpart.
(c) Official identification or other official marks means any form
of identification or mark (including, but not limited to, those in
Secs. 58.49 through 58.51) approved by the Administrator and authorized
to be affixed to any product, or affixed to or printed on the packaging
material of any product certifying the inspection, class, grade,
quality, size, quantity, or condition of the products (including the
compliance of products with applicable specifications) or to maintain
the identity of the product for which service is provided under the
regulations in this subpart.
(d) Official device means a stamping applicance, branding device,
stencil, printed label, or any other mechanically or manually operated
tool that is approved by the Administrator for the purpose of applying
any official mark or other identification to any product or the
packaging material thereof.
Administration