[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
7
Parts 53 to 209
Revised as of January 1, 2003
Agriculture
Containing a codification of documents of general
applicability and future effect
As of January 1, 2003
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[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........ 435
Table of CFR Titles and Chapters........................ 437
Alphabetical List of Agencies Appearing in the CFR...... 455
List of CFR Sections Affected........................... 465
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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
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
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
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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EFFECTIVE AND EXPIRATION DATES
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
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
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(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
containing that incorporation. If, after contacting the agency, you find
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Register, National Archives and Records Administration, Washington DC
20408, or call (202) 741-6010.
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The Federal Register Index is issued monthly in cumulative form.
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the daily Federal Register.
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2003.
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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, 2003.
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.
[[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
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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................................. 41
56 Voluntary grading of shell eggs............. 56
57 Inspection of eggs (Egg Products Inspection
Act).................................... 76
58 Grading and inspection, general
specifications for approved plants and
standards for grades of dairy products.. 94
59 Livestock mandatory reporting............... 170
60 [Reserved]
61 Cottonseed sold or offered for sale for
crushing purposes (inspection, sampling
and certification)...................... 183
70 Voluntary grading of poultry products and
rabbit products......................... 189
75 Regulations for inspection and certification
of quality of agricultural and vegetable
seeds................................... 208
SUBCHAPTER D--EXPORT AND DOMESTIC CONSUMPTION PROGRAMS
80 Fresh Russet Potato Diversion Program....... 215
81 Prune/dried Plum Diversion Program.......... 215
SUBCHAPTER E--COMMODITY LABORATORY TESTING PROGRAMS
90 Introduction................................ 220
91 Services and general information............ 222
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92 Tobacco..................................... 237
93 Processed fruits and vegetables............. 240
94 Poultry and egg products.................... 243
95 [Reserved]
96 Cottonseed sold or offered for sale for
crushing purposes (chemical analysis and
United States official grade
certification).......................... 247
97 Plant variety and protection................ 255
98 Meals, Ready-to-Eat (MRE's), meats, and meat
products................................ 274
99-109 [Reserved]
110 Recordkeeping on restricted use pesticides
by certified applicators; surveys and
reports................................. 277
111-159 [Reserved]
SUBCHAPTER F--NAVAL STORES
160 Regulations and standards for naval stores.. 289
SUBCHAPTERS G-H [RESERVED]
SUBCHAPTER K--FEDERAL SEED ACT
201 Federal Seed Act regulations................ 308
202 Federal Seed Act rules of practice.......... 382
203-204 [Reserved]
SUBCHAPTER L--REQUIREMENTS RELATING TO PURCHASES [RESERVED]
SUBCHAPTER M-- ORGANIC FOODS PRODUCTION ACT PROVISIONS
205 National Organic Program.................... 386
206-209 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]
Subpart C--Regulations Governing the Certification of Sanitary Design
and Fabrication of Equipment Used in the Slaughter, Processing, and
Packaging of Livestock and Poultry Products
Sec.
54.1001 Meaning of words.
54.1002 Terms defined.
54.1003 Designation of official certificates, memoranda, marks, and
other identifications for purposes of the Agricultural
Marketing Act.
54.1004 Administration and implementation.
54.1005 Basis of service.
54.1006 Kind of service.
54.1007 Availability of service.
54.1008 How to obtain service.
54.1009 Order of furnishing service.
54.1010 When request for service deemed made.
54.1011 Withdrawal of application or request for service.
54.1012 Authority of agent.
54.1013 When an application may be rejected.
54.1014 Accessibility of equipment and utensils; access to
establishments.
54.1015 Official reports, forms, and certificates.
54.1016 Advance information concerning service rendered.
54.1017 Authority to use official identification.
54.1018 Form of official identification and approval for use.
54.1019 Renewal of Acceptance Certification.
54.1020 Appeal service; marking equipment or utensils on appeal;
requirements for appeal; certain determinations not
appealable.
54.1021 Request for appeal service.
54.1022 When request for appeal service may be withdrawn.
[[Page 14]]
54.1023 Denial or withdrawal of appeal service.
54.1024 Who shall perform appeal service.
54.1025 Appeal reports.
54.1026 Superseded reports.
54.1027 Application of other regulations to appeal service.
54.1028 Fees and other charges for service.
54.1029 Payment of fees and other charges.
54.1030 Identification.
54.1031 Errors in service.
54.1032 Denial or withdrawal of service.
54.1033 Confidential treatment.
54.1034 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
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.
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
[[Page 15]]
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 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.
[[Page 16]]
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
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
[[Page 17]]
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]
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
[[Page 18]]
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 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
[[Page 19]]
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 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
[[Page 20]]
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 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.
[[Page 21]]
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 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 $52 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; $57 per hour for work performed in excess of 8 hours per
[[Page 31]]
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 $90 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 $45 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; $57 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 $90 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; 65 FR 34042, May 26, 2000]
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]
Subpart C--Regulations Governing the Certification of Sanitary Design
and Fabrication of Equipment Used in the Slaughter, Processing, and
Packaging of Livestock and Poultry Products
Source: 66 FR 1198, Jan. 5, 2001, unless otherwise noted.
Sec. 54.1001 Meaning of words.
For the purposes of the regulations in this subpart, words in the
singular form shall be deemed to impart the plural and vice versa, as
the case may demand.
Sec. 54.1002 Terms defined.
Act. The Agricultural Marketing Act of 1946, as amended (7 U.S.C.
1621 et seq.).
Administrator. The Administrator of the Agricultural Marketing
Service (AMS), United States Department of
[[Page 33]]
Agriculture, or the representative to whom authority has been delegated
to act in the stead of the Administrator.
Agricultural Marketing Service (AMS). The Agricultural Marketing
Service of the United States Department of Agriculture.
Applicant. Any person who applies for service under the regulations
in this subpart.
Branch. The Dairy Grading Branch, Dairy Programs, Agricultural
Marketing Service.
Chief. The Chief of the Dairy Grading Branch, Dairy Programs,
Agricultural Marketing Service, or the representative to whom authority
has been delegated to act in the stead of the Chief.
Compliance. Conformity of a processing system, piece of processing
equipment, or a utensil to identified standards.
Department. The United States Department of Agriculture.
Deputy Administrator. The Deputy Administrator of the Dairy Programs
of the Agricultural Marketing Service or any officer or employee of the
Dairy Programs to whom authority has heretofore been delegated, or to
whom authority may hereafter be delegated to act in the stead of the
Deputy Administrator.
Design Review Specialist. An employee of the Branch who determines
and certifies or otherwise evaluates the compliance of equipment or
utensils under the regulations.
Design Evaluation and Certification Service. The service established
and conducted under the regulations for the evaluation and certification
or other identification of the compliance of equipment or utensils used
for the slaughter, processing or packaging of livestock and poultry
products (Referred to hereinafter as ``equipment'' or ``utensils'') with
sanitary specifications or standards.
Fabricator. Commercial entity engaged in the manufacture or assembly
of equipment or utensils.
Financially interested person. Any person having a financial
interest in the equipment or utensils involved, including but not
limited to the designer, fabricator, or user of the equipment or
utensils.
Legal Holiday. Those days designated as legal public holidays in
Title 5, United States Code, section 6103(a).
Person. Any individual, partnership, corporation, or other legal
entity, or Government agency.
Processing. Cooking, baking, curing, heating, drying, mixing,
grinding, churning, separating, extracting, cutting, fermenting,
eviscerating, preserving, dehydrating, freezing, or otherwise
manufacturing, and includes the packaging, canning, jarring, or
otherwise enclosing in a container.
Program. The Dairy Programs of the Agricultural Marketing Service.
Standards. The most recent version of standards for equipment and
utensils formulated by the NSF/3-A Joint Committee on Food Processing
Equipment (Referred to hereinafter as ``NSF/3-A'').
The regulations. The regulations in this Subpart.
Sec. 54.1003 Designation of official certificates, memoranda, marks, and other identifications, for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended provides criminal penalties for various specified offenses
relating to official certificates, memoranda, and marks or other
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 subpart, the terms listed in
paragraphs (a) through (c) of this section 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 evaluation, review, condition, or acceptance of equipment or
utensils (including the compliance of equipment or utensils with
applicable standards).
(b) ``Official memorandum'' means any initial record of findings
made by an authorized employee of the Dairy Grading Branch in the
process of determining compliance, evaluating, or reviewing equipment or
utensils pursuant to the regulations, any processing or in plant-
operation report made by
[[Page 34]]
an authorized Dairy Grading Branch employee in connection with
determining compliance, evaluating, or reviewing equipment or utensils
under the regulations, and any report made by an authorized employee of
the Dairy Grading Branch of any other 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. 54.1018; used under the regulations in marking any equipment or
utensils or displayed as an indication that the equipment or utensils
has been evaluated by AMS (including the compliance of the equipment or
utensils with applicable standards).
Sec. 54.1004 Administration and implementation.
The Administrator designates the administration and implementation
of the Certification of Sanitary Design and Fabrication of Equipment
Used in the Processing of Livestock and Poultry Products service to the
Dairy Grading Branch, Dairy Programs, Agricultural Marketing Service.
The Chief is charged with the administration, under the general
supervision and direction of the Deputy Administrator, of the
regulations and the Act insofar as they relate to equipment or utensils
used to process livestock and poultry products.
Sec. 54.1005 Basis of service.
(a) Certification of Sanitary Design and Fabrication of Equipment
Used in the Slaughter, Processing, and Packaging of Livestock and
Poultry Products service shall be performed in accordance with the
provisions of this subpart, the instructions and guidelines issued or
approved by the Chief and the applicable standards developed by the NSF/
3-A.
(b) Copies of standards developed by NSF/3-A that AMS will inspect
and certify to are available, for a nominal fee, from NSF International
at www.nsf.org or contact Techstreet, 310 Miller Avenue, Ann Arbor, MI
48103; Phone (800) 699-9277. Copies of all other instructions and
guidelines can be obtained from, and copies of standards developed by
NSF/3-A may be inspected at, the U.S. Department of Agriculture,
Agricultural Marketing Service, Dairy Programs, Dairy Grading Branch;
Room 2746-S; 1400 Independence Ave., SW., Washington, DC 20250-6456.
(c) All services provided in accordance with the regulations shall
be rendered without discrimination on the basis of race, color, national
origin, gender, religion, age, disability, political beliefs, sexual
orientation, or marital or family status.
Sec. 54.1006 Kind of service.
Certification of Sanitary Design and Fabrication of Equipment Used
in the Slaughter, Processing, and Packaging of Livestock and Poultry
Products service under the regulations shall consist of the evaluation,
certification and/or identification, upon request by the applicant, of
the adherence of the design and fabrication of equipment and utensils to
sanitary principles and criteria under applicable standards identified
in this subpart. Equipment or utensils having an identical design,
materials of construction, and fabrication, except for scaling up or
down in size, may be submitted for evaluation as a model line or series.
Determination as to equipment or utensils compliance with standards for
materials of fabrication or method of fabrication may be based upon
information received from the fabricator.
Sec. 54.1007 Availability of service.
Service under these regulations may be made available to the
designers, fabricators, users, or other interested person or party, of
the equipment or utensils. Subject to the provisions of this subpart,
services shall be performed only when a qualified design review
specialist is available, and when the location of the equipment or
utensils, evaluation facilities and conditions, as determined by the
Chief, are suitable for conducting such service.
Sec. 54.1008 How to obtain service.
(a) Application. Any person may apply to the Chief for service under
the regulations with respect to equipment or utensils in which the
applicant is financially interested. The application shall be made on a
form approved by the Chief. In any case in which the service is intended
to be furnished at an establishment not operated by the
[[Page 35]]
applicant, the applicant shall be responsible for obtaining approval for
accessability of the equipment or utensil from 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) Identification of the party that will be responsible for payment
of all services rendered in response to the request;
(4) The type of equipment or utensil presented for evaluation;
(5) The date(s) on which service is requested to be performed; and
(6) The signature of the applicant (or the signature and title of
the applicant's representative) and date of the request.
(b) Notice of eligibility for service. The applicant for service
will be notified whether the applicant's application is approved.
Sec. 54.1009 Order of furnishing service.
Service under the regulations shall be furnished to applicants,
insofar as practicable and subject to the availability of a qualified
design review specialist, 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 and to requests for appeal service under
Sec. 54.1021.
Sec. 54.1010 When request for service deemed made.
A request for service under the regulations shall be deemed to be
made when received by the Branch. Records showing the date and time of
the request shall be maintained.
Sec. 54.1011 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. The applicant shall be
responsible for payment, in accordance with Sec. 54.1028 and
Sec. 54.1029, of any expenses already incurred by the Agricultural
Marketing Service in connection therewith.
Sec. 54.1012 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 Deputy Administrator or Chief
or other employee receiving the application or request under
Sec. 54.1008.
Sec. 54.1013 When an application may be rejected.
(a) An application or a request for service may be denied by the
design review specialist, with the concurrence of the Deputy
Administrator or Chief when:
(1) For administrative reasons such as the non-availability of
personnel to perform the service;
(2) The application or request relates to equipment or utensils
which are not eligible for service under Sec. 54.1006;
(3) The applicant fails to meet either the application requirements
prescribed in this subpart or the conditions for receiving such service;
(4) The equipment or utensil is owned by, or located on the premises
of, a person currently denied the benefits of the Act;
(5) The applicant has substantial financial ties to a person who is
currently denied the benefits of the Act, or who has been adjudged, in
an administrative or judicial proceeding, responsible in any way for a
current denial of benefits of the Act to any other person.
(6) The applicant is currently denied services under the Act.
(7) Any fees billed to the applicant are not paid within 30 days; or
(8) The applicant has failed to comply with the Act or this subpart
or with the instructions or guidelines issued hereunder.
(b) The Chief shall provide notice to an applicant whose application
is rejected, and shall explain the reason(s) for the rejection. If such
notification is made verbally, written confirmation may be provided.
[[Page 36]]
Sec. 54.1014 Accessibility of equipment and utensils; access to establishments.
(a) The applicant shall cause equipment and utensils to be made
easily accessible for examination and to be so placed, with adequate
illumination to facilitate evaluation for compliance. The applicant
shall furnish or make available any necessary tools; such as boroscope,
profilometer, disassembly tools, ladders, radius gauges, and the like;
necessary to complete the evaluation.
(b) Supervisors of USDA design review specialists 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 equipment or utensils in the establishments which have
been or are to be evaluated for compliance with standards or which bear
any marks of compliance.
Sec. 54.1015 Official reports, forms, and certificates.
(a) Report. The design review specialist shall prepare, sign, and
issue a narrative report covering the observations, comments and
recommendations based on the evaluation for conformance with standards
of equipment and utensils as provided for in Sec. 54.1005 and indicate
the fees and other charges incurred for the services rendered.
(b) Forms. Form DA-161 is the official certificate for equipment or
utensils evaluated and is accepted under the regulations. Issuance of
this certificate is optional at the request of the applicant.
(c) Distribution. The original report and official certificate (if
requested) shall be delivered or mailed to the applicant or other
persons designated by the applicant. Other copies shall be forwarded as
required by agency, program, and branch instructions. Additional copies
will be furnished to any person financially interested in the equipment
or utensil involved with the concurrence of the applicant and upon
payment of fees, as provided in Sec. 54.1028 and Sec. 54.1029.
Sec. 54.1016 Advance information concerning service rendered.
Upon request of any applicant, all or any part of the contents of
any report issued to the applicant under the regulations, or other
notification concerning the determination of compliance of equipment or
utensils for such applicant may be transmitted by facsimile transmission
to the applicant, or to any person designated by the applicant at the
applicant's expense.
Sec. 54.1017 Authority to use official identification.
The Chief may authorize an applicant or any persons designated by
the applicant to use the official identification symbol to mark
equipment or utensils, or for display in descriptive or promotional
materials providing the equipment or utensils is evaluated pursuant to
this subpart and found to be in compliance.
Sec. 54.1018 Form of official identification and approval for use.
(a) The official identification symbol approved for use on
equipment, utensils, or descriptive or promotional materials shall
appear in the form and design shown in Figure 1.
(b) The official identification symbol on equipment or utensils
shall be displayed by etching or the placement of a non-removable
sticker located in close proximity to the equipment identification
plate.
(c) The official identification symbol is recommended to be at least
3/4 inch by 3/4 inch in size. Symbols which are smaller in size will be
considered provided they are sufficiently large to be identifiable and
legible.
(d) The official identification symbol shall not be used in
descriptive and promotional materials without prior approval by the
Chief. The official identification symbol, if used, on the descriptive
or promotional materials shall be printed as part of the text or format.
(e) An applicant shall submit to the Chief of the Dairy Grading
Branch, Dairy Programs, Agricultural Marketing Service, U.S. Department
of Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456, an
application, if one is not on file, requesting approval to use
[[Page 37]]
the official identification symbol on officially accepted equipment and
in descriptive or promotional materials.
[GRAPHIC] [TIFF OMITTED] TR05JA01.000
Sec. 54.1019 Renewal of acceptance certification.
The manufacturer of any equipment or utensil which has been issued a
report or certification stating acceptance of compliance shall resubmit
the design and fabrication details of any change in materials of
construction, design, or fabrication which may impair the cleanability
or hygienic design of the equipment or utensil. If no change in
materials of construction, design, or fabrication which may impair the
cleanability or hygienic design of the equipment or utensil has occurred
during the period of four years after the date of the most recent report
[[Page 38]]
stating acceptance of compliance or if no design or fabrication changes
have been made, the applicant may submit a certificate of conformance
signed by the chief engineering officer and the chief executive officer
of the company stating that no design changes have been made to the
specified equipment or utensil.
Sec. 54.1020 Appeal service; marking equipment or utensils on appeal; requirements for appeal; certain determinations not appealable.
(a) Appeal service is a re-evaluation of the compliance of a piece
of equipment, portion of a piece of equipment, or utensil to design or
fabrication criteria according to the standards prescribed by this
subpart.
(b) Only the original applicant or their representative may request
appeal service requesting a reevaluation of the original determination
of the design and fabrication of the equipment or utensil for compliance
with the standards specified in this subpart.
(c) Appeal service will not be furnished for:
(1) A piece of equipment, portion of a piece of equipment, or
utensil which has been altered or has undergone a material change since
the original service.
(2) For the purpose of obtaining an up-to-date report or certificate
which does not involve a question as to the correctness of the original
service for the piece of equipment, portion of a piece of equipment, or
utensil.
Sec. 54.1021 Request for appeal service.
(a) Except as otherwise provided in Sec. 54.1020, an applicant or
their representative may request appeal service when the applicant or
their representative disagree with the determination as to compliance
with the standard of the piece of equipment, portion of a piece of
equipment, or utensil as documented in the applicable report.
(b) A request for appeal service shall be filed with the Chief,
directly or through the design review specialist who performed the
original service. The request shall state the reasons for the
disagreement with the original determination 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 piece of equipment,
portion of a piece of equipment, or utensil at the time of the original
service. Such request may be made orally (including by telephone) or in
writing (including by facsimile transmission). If made orally, the Dairy
Grading Branch employee receiving the request may require that it be
confirmed in writing.
Sec. 54.1022 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. 54.1023 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 in accordance with the
procedure set forth in Sec. 54.1013(a), if it appears that the person or
product involved is not eligible for appeal service under Sec. 54.1020,
or that the identity of the piece of equipment, portion of a piece of
equipment, or utensil has been lost; or for any of the causes set forth
in Sec. 54.1032.
Sec. 54.1024 Who shall perform appeal service.
Appeal service for equipment or utensils shall be performed by the
Chief or a design review specialist designated by the Chief. No design
review specialist may perform appeal service for any piece of equipment,
portion of a piece of equipment or utensil for which the original design
review specialist performed the initial evaluation service.
Sec. 54.1025 Appeal reports.
After appeal service has been performed for any piece of equipment,
portion of a piece of equipment or utensils, an official report shall be
prepared, signed, and issued referring specifically to the original
report and stating the determination of the re-evaluation of compliance
of the piece
[[Page 39]]
of equipment, portion of a piece of equipment or utensil.
Sec. 54.1026 Superseded reports.
The appeal report shall supersede the original report which,
thereupon, shall become null and void for all or a portion of the report
pertaining to the appeal service and shall not thereafter be deemed to
show the compliance of the equipment or utensils described therein.
However, the fees charged for the original service shall not be remitted
to the applicant who filed the appeal.
Sec. 54.1027 Application of other regulations to appeal service.
The regulations in this subpart shall apply to appeal service except
insofar as they are inapplicable.
Sec. 54.1028 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 provisions for Fees and Charges set forth in 7 CFR
part 58, Subpart A, Regulations Governing the Inspection and Grading
Services of Manufactured or Processed Dairy Products, sections
Secs. 58.38, 58.39, 58.41, 58.42, and 58.43, as appropriate.
Sec. 54.1029 Payment of fees and other charges.
Fees and other charges for service shall be paid 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 design review specialist or other
authorized official.
Sec. 54.1030 Identification.
All official design review specialists 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. 54.1031 Errors in service.
When a design review specialist, supervisor, or other responsible
employee of the Branch has evidence of inaccurate evaluation, or of
incorrect certification or other incorrect determination or
identification as to the compliance of a piece of equipment or utensil,
such person shall report the matter to the Chief. The Chief will
investigate the matter and, if deemed advisable, will report any
material errors to the owner or the owner's agent. The Chief shall take
appropriate action to correct errors found in the determination of
compliance of equipment or utensils, and the Chief shall take adequate
measures to prevent the recurrence of such errors.
Sec. 54.1032 Denial or withdrawal of service.
(a)(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 the person's 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 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 or identification;
(vi) Has knowingly obtained or retained possession of any such
falsely
[[Page 40]]
made, issued, altered, forged, or counterfeited certificate, memorandum,
mark or identification, or of any equipment or utensil bearing any such
falsely made, issued, altered, forged, or counterfeited mark or
identification;
(vii) Has applied the designation ``USDA Accepted Equipment'', ``AMS
Accepted Equipment'', ``USDA Approved Equipment'', ``AMS Approved
Equipment'', ``Approved By USDA'', ``Approved By AMS'', ``Accepted By
USDA'', ``Accepted By AMS'', ``USDA Approved'', ``USDA Accepted'', ``AMS
Approved'', ``AMS Accepted'', or any other variation of wording which
states or implies official sanction by the United States Department of
Agriculture by stamp, or brand directly on any equipment or utensil, or
used as part of any promotional materials which has not been inspected
and deemed in compliance with this subpart; or,
(viii) 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 Deputy
Administrator or Chief without such delay that such person has
possession of such item and, in the case of an official identification,
surrenders it to the Chief, and, in the case of any other item,
surrenders it to the Deputy Administrator or Chief or destroys it or
brings it into compliance with the regulations by obliterating or
removing the violative features under supervision of the Deputy
Administrator or Chief: And provided further, That paragraphs (a)(1)
(ii) through (vii) 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 such person 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 (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
product in which any corporation, partnership, or other person within
paragraph (a)(1)(viii)(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 7 CFR Secs. 1.130 through 1.151 and the
Supplemental Rules of Practice in part 50, 7 CFR Sec. 50.1 et seq.
(b) 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.
Sec. 54.1033 Confidential treatment.
Every design review specialist providing service under these
regulations shall keep confidential all information secured and not
disclose such information to any person except an authorized
representative of the Department.
[[Page 41]]
Sec. 54.1034 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
The following control number has been assigned to the information
collection requirements in 7 CFR Part 54, Subpart C, by the Office of
Management and Budget pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35).
------------------------------------------------------------------------
Current OMB
7 CFR section where requirements are described control No.
------------------------------------------------------------------------
54.1008(a)................................................. 0581-0126
54.1017.................................................... 0581-0126
54.1018(e)................................................. 0581-0126
54.1019.................................................... 0581-0126
54.1020.................................................... 0581-0126
54.1021.................................................... 0581-0126
------------------------------------------------------------------------
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.
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.
[[Page 42]]
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.
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
[[Page 43]]
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]
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.
[[Page 44]]
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.
(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
[[Page 45]]
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 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]
[[Page 46]]
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.
(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
[[Page 47]]
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 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
[[Page 48]]
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.
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
[[Page 49]]
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.
(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
[[Page 50]]
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''.
[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
[[Page 51]]
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 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
[[Page 52]]
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, 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
[[Page 53]]
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 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
[[Page 54]]
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 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:
[[Page 55]]
(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.
(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, which appears in the
Finding Aids section of the printed volume and on GPO Access.
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.
[[Page 56]]
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 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.
[[Page 57]]
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.
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.
Ambient temperature means the air temperature maintained in an egg
storage facility or transport vehicle.
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.
[[Page 58]]
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 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
[[Page 59]]
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, which appears in the Finding Aids
section of the printed volume and on GPO Access.
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:
(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
[[Page 60]]
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 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
[[Page 61]]
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
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
[[Page 62]]
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]
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
[[Page 63]]
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]
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]
[[Page 64]]
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 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
[[Page 65]]
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 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]
[[Page 66]]
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 is subject to review by the Food and Drug
Administration prior to approval by the Department.
(d) Refrigeration labeling. All containers bearing official U.S.
Grade AA, A, or B identification shall be labeled to indicate that
refrigeration is required, e.g., ``Keep Refrigerated,'' or words of
similar meaning.
[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; 64
FR 56947, Oct. 22, 1999]
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
[[Page 67]]
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
[GRAPHIC] [TIFF OMITTED] TR19MR98.013
[GRAPHIC] [TIFF OMITTED] TR19MR98.014
[[Page 68]]
[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]
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
[[Page 69]]
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 $57.68 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 $66.64 per hour.
Information on legal holidays is available from the Supervisor.
[67 FR 78666, Dec. 26, 2002]
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 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
[[Page 70]]
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 $0.048, except that the minimum charge per billing
period shall be $260 and the maximum charge shall be $2,675. 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 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, which appears in the Finding Aids
section of the printed volume and on GPO Access.
[[Page 71]]
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 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 $260 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.
[[Page 72]]
(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, which appears in the Finding Aids
section of the printed volume and on GPO Access.
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]
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
[[Page 73]]
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 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
[[Page 74]]
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 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
[[Page 75]]
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 be refrigerated
and capable of maintaining an ambient temperature no greater than 45
deg.F (7.2 deg.C). Accurate thermometers shall be provided for
monitoring cooler room temperatures.
(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 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
[[Page 76]]
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 that are to be officially identified. (1)
Shell eggs that are to be officially identified as U.S. Grade AA, A, or
B shall be placed under refrigeration at an ambient temperature no
greater than 45 deg.F (7.2 deg.C) promptly after packaging. Shell eggs
officially identified as U.S. Grade AA, A, or B, when shipped between
official plants, shall be transported at an ambient temperature no
greater than 45 deg.F (7.2 deg.C).
(2) Every reasonable precaution shall be exercised to prevent
``sweating'' of eggs.
(3) Eggs that are to be officially identified as U.S. Grade AA, A,
or B 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; 64 FR
56947, Oct. 22, 1999]
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
Subpart A--Regulations Governing the Inspection of Eggs
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.
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.
[[Page 77]]
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.
Subpart B--Rules of Practice Governing Proceedings Under the Egg
Products Inspection Act
Scope and Applicability of Rules of Practice
57.1000 Administrative proceedings.
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.
2. Nomenclature changes to part 57 appear at 63 FR 69971, Dec. 17,
1998.
[[Page 78]]
Subpart A--Regulations Governing the Inspection of Eggs
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 79]]
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 80]]
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 81]]
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]
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
[[Page 82]]
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]
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.
[[Page 83]]
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.
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 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,
[[Page 84]]
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 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.
[[Page 85]]
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.
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.
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.
[[Page 86]]
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 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]