[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

   

                    7


          Parts 53 to 209

                         Revised as of January 1, 2004

Agriculture





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2004
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register

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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



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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

[[Page iv]]





                     ----------------------------

                     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.

                     ----------------------------

[[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 
regulation. Each title is divided into chapters which usually bear the 
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

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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    To determine whether a Code volume has been amended since its 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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citations for the regulations are referred to by volume number and page 
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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 
amendments to existing regulations in the CFR. These OMB numbers are 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
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Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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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 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

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separate volume, revised annually as of January 1, entitled CFR Index 
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    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

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    For a legal interpretation or explanation of any regulation in this 
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or write to the Director, Office of the Federal Register, National 
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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2004.

[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2004.

    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)

  --------------------------------------------------------------------
                                                                    Part

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

chapter i--Agricultural Marketing Service (Standards, 
  Inspections, Marketing Practices), Department of 
  Agriculture (Continued)...................................          53

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 5]]



 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)



---------------------------------------------------------------------------

  \1\ Including matters within the responsibilities of the Federal Grain 
Inspection Service.
---------------------------------------------------------------------------

  --------------------------------------------------------------------

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

[[Page 6]]

92              Tobacco.....................................         239
93              Processed fruits and vegetables.............         242
94              Poultry and egg products....................         246
95              [Reserved]
96              Cottonseed sold or offered for sale for 
                    crushing purposes (chemical analysis and 
                    United States official grade 
                    certification)..........................         250
97              Plant variety and protection................         257
98              Meals, Ready-to-Eat (MRE's), meats, and meat 
                    products................................         277
99-109          [Reserved]
110             Recordkeeping on restricted use pesticides 
                    by certified applicators; surveys and 
                    reports.................................         280
111-159         [Reserved]

                       SUBCHAPTER F--NAVAL STORES
160             Regulations and standards for naval stores..         292
                       SUBCHAPTERS G-H [RESERVED]
                     SUBCHAPTER K--FEDERAL SEED ACT
201             Federal Seed Act regulations................         311
202             Federal Seed Act rules of practice..........         383
203-204         [Reserved]

       SUBCHAPTER L--REQUIREMENTS RELATING TO PURCHASES [RESERVED]
         SUBCHAPTER M-- ORGANIC FOODS PRODUCTION ACT PROVISIONS
205             National Organic Program....................         387
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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  54.1 through 54.18 and Sec. Sec.  
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 $64 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; $70 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 $110 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 $55 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; $70 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 $110 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; 68 FR 39807, July 3, 2003]



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 
Sec. Sec.  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 Sec. Sec.  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 de[chyph]tachable 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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 
Sec. Sec.  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 Sec. Sec.  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.
    (b) Information required on grademark. (1) Except as otherwise 
authorized by the Administrator, each grademark used shall include the 
letters ``USDA'' and the U.S. grade of the product it

[[Page 67]]

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, as amended at 68 FR 25485, May 13, 2003]



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 
Sec. Sec.  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]



Sec. Sec.  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 Sec. Sec.  
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 $60.00 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 $69.32 per hour. 
Information on legal holidays is available from the Supervisor.

[68 FR 68488, Dec. 9, 2003]



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 $2,755. 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 Sec. Sec.  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 
Sec. Sec.  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 Sec. Sec.  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 com[chyph]panies; 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]



Sec.  57.320  How to file an appeal.

    The request for an appeal inspection or review of an inspector's 
decision may be made orally or in writing. If made orally, written 
confirmation may be required. The applicant shall clearly state the 
identity of the product, the decision which is questioned, and the 
reason(s) for requesting the appeal service. If such appeal request is 
based on the results stated on an official certificate, the original and 
all copies of the certificate available at the appeal inspection site 
shall be provided to the inspector assigned to make the appeal 
inspection.



Sec.  57.330  When an application for an appeal grading or inspection 
may be refused.

    When it appears to the official with whom an appeal request is filed 
that the reasons given in the request are frivolous or not substantial, 
or that the condition of the product has undergone a material change 
since the original grading or inspection, or that the original lot has 
changed in some manner, or the Act or the regulations in this part have 
not been complied with, the applicant's request for the appeal 
inspection may be refused. In such case, the applicant shall be promptly 
notified of the reason(s) for such refusal.



Sec.  57.340  Who shall perform the appeal.

    The assignment of the inspector(s) who will make the appeal 
inspection under Sec.  57.310 shall be made by the Regional Director or 
the Chief of the Grading Branch, Poultry Division, Agricultural 
Marketing Service.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.350  Procedures for selecting appeal samples.

    (a) Prohibition on movement of product. Products shall not have been 
moved from the place where the inspection being appealed was performed 
and must

[[Page 87]]

have been maintained under adequate refrigeration when applicable.
    (b) Laboratory analyses. The appeal sample shall consist of product 
taken from the original sample containers plus an equal number of 
containers selected at random. When the original sample containers 
cannot be located, the appeal sample shall consist of product taken at 
random from double the number of original sample containers.
    (c) Condition inspection. The appeal sample shall consist of product 
taken from the original sample containers plus an equal number of 
containers selected at random. A condition appeal cannot be made unless 
all originally sampled containers are available.



Sec.  57.360  Appeal inspection certificates.

    Immediately after an appeal inspection is completed, an appeal 
certificate shall be issued to show that the original inspection was 
sustained or was not sustained. Such certificate shall supersede any 
previously issued certificate for the product involved and shall clearly 
identify the number and date of the superseded certificate. The issuance 
of the appeal certificate may be withheld until any previously issued 
certificate and all copies have been returned when such action is deemed 
necessary to protect the interest of the Government. When the appeal 
inspector assigns a different class to the lot or determines that a net 
weight shortage exists, the lot shall be retained pending correction of 
the labeling or approval of the product disposition by the National 
Supervisor.



Sec.  57.370  Cost of appeals.

    (a) There shall be no cost to the appellant when the appeal 
inspection discloses a material error was made in the original 
determination.
    (b) The costs of an appeal shall be borne by the appellant at an 
hourly rate of $27.36, including travel time and expenses if the appeal 
was frivolous, including but not being limited to the following: The 
appeal inspection discloses that no material error was made in the 
original inspection, the condition of the product has undergone a 
material change since the original inspection, the original lot has 
changed in some manner, or the Act or these regulations have not been 
complied with.

                     Identifying and Marking Product



Sec.  57.410  Shell eggs required to be labeled.

    All shell eggs packed into containers destined for the ultimate 
consumer shall be labeled to indicate that refrigeration is required, 
e.g., ``Keep Refrigerated,'' or words of similar meaning.

[63 FR 69968, 69971, Dec. 17, 1998]

                                Retention



Sec.  57.426  Retention.

    Retention tags or other devices and methods as may be approved by 
the Administrator shall be used for the identification and control of 
products which are not in compliance with the regulations or are held 
for further examination, and any equipment, utensils, rooms or 
compartments which are found to be unclean or otherwise in violation of 
the regulations. No product, equipment, utensil, room, or compartment 
shall be released for use until it has been made acceptable. Such 
identification shall not be removed by anyone other than an inspector.

                         Processing Requirements



Sec.  57.504  General operating procedures.

    (a)-(b) [Reserved]
    (c) All loss and inedible eggs or egg products shall be placed in a 
container clearly labeled ``inedible'' and containing a sufficient 
amount of approved denaturant or decharacterant, such as FD&C brown, 
blue, black, or green colors, meat and fish by-products, grain and 
milling by-products, or any other substance, as approved by the 
Administrator, that will accomplish the purposes of this section. Shell 
eggs shall be crushed and the substance shall be dispersed through the 
product in amounts sufficient to give the product a distinctive 
appearance or odor.

[63 FR 69971, Dec. 17, 1998]

[[Page 88]]

                   Registration of Shell Egg Handlers



Sec.  57.690  Persons required to register.

    Shell egg handlers, except for producer-packers with an annual egg 
production from a flock of 3,000 hens or less, who grade and pack eggs 
for the ultimate consumer, and hatcheries are required to register with 
the U.S. Department of Agriculture by furnishing their name, place of 
business, and such other information as is requested on forms provided 
by or available from the U.S. Department of Agriculture. Completed forms 
shall be sent to the addressee indicated on the form. Persons as those 
listed above who are establishing a business will be required to 
register before they start operations.

[40 FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63 
FR 45675, Aug. 27, 1998. Redesignated at 63 FR 69970, Dec. 17, 1998]

              Inspection and Disposition of Restricted Eggs



Sec.  57.700  Prohibition on disposition of restricted eggs.

    (a) No person shall buy, sell, or transport, or offer to buy or 
sell, or offer or receive for transportation in any business in commerce 
any restricted eggs, except as authorized in Sec. Sec.  57.100 and 
57.720.
    (b) No egg handler shall possess any restricted eggs, except as 
authorized in Sec. Sec.  57.100 and 57.720.
    (c) No egg handler shall use any restricted eggs in the preparation 
of human food, except as provided in Sec. Sec.  57.100 and 57.720.

[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and at 63 FR 
69970, Dec. 17, 1998]



Sec.  57.720  Disposition of restricted eggs.

    (a) Eggs classified as checks, dirties, incubator rejects, 
inedibles, leakers, or loss shall be disposed of by one of the following 
methods at point and time of segregation:
    (1) Checks and dirties shall be labeled in accordance with Sec.  
57.800 and shipped directly or indirectly to an official egg products 
plant for segregation and processing. Inedible and loss eggs shall not 
be intermingled in the same container with checks and dirties.
    (2) By destruction in a manner approved by the Administrator, such 
as crushing and denaturing or decharacterizing in accordance with Sec.  
57.504(c) and identifying the product as ``Inedible Egg Product--Not To 
Be Used As Human Food.''
    (3) Processing for industrial use or for animal food. Such product 
shall be denatured or decharacterized in accordance with Sec.  57.504(c) 
and identified as provided in Sec. Sec.  57.840 and 57.860, or handled 
in accordance with other procedures approved by the Administrator. 
Notwithstanding the foregoing, product which was produced under official 
supervision and transported for industrial use or animal food need not 
be denatured or decharacterized if it is shipped under Government seal 
and received by an inspector or grader as defined in this part.
    (4) By coloring the shells of loss and inedible eggs with a 
sufficient amount of FD&C color to give a distinct appearance, or 
applying a substance that will penetrate the shell and decharacterize 
the egg meat. Except that, lots of eggs containing significant 
percentages of blood spots or meat spots, but no other types of loss or 
inedible eggs may be shipped directly to official egg products plants, 
provided they are conspicuously labeled with the name and address of the 
shipper and the wording ``Spots--For Processing Only In Official Egg 
Products Plants.''
    (5) Incubator rejects shall be broken or crushed and denatured or 
decharacterized in accordance with Sec.  57.504(c) and labeled as 
required in Sec. Sec.  57.840 and 57.860.
    (b) Eggs which are packed for the ultimate consumer and which have 
been found to exceed the tolerance for restricted eggs permitted in the 
official standards for U.S. Consumer Grade B shall be identified as 
required in Sec. Sec.  57.800 and 57.860 and shall be shipped directly 
or indirectly:
    (1) To an official egg products plant for proper segregation and 
processing; or
    (2) Be regraded so that they comply with the official standards; or

[[Page 89]]

    (3) Used as other than human food.
    (c) Records shall be maintained as provided in Sec.  57.200 to 
assure proper disposition.

[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971; 37 FR 6659, Apr. 
1, 1972; 40 FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27, 
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended 
at 47 FR 745, Jan. 7, 1982; 60 FR 49170, Sept. 21, 1995. Redesignated at 
63 FR 69970, Dec. 17, 1998]



Sec.  57.760  Inspection of egg handlers.

    Duly authorized representatives of the Secretary shall make such 
periodic inspections of egg handlers, their transport vehicles, and 
their records as the Secretary may require to ascertain if any of the 
provisions of the Act or this part applicable to such egg handlers have 
been violated. Such representatives shall be afforded access to any 
place of business, plant, or transport vehicle subject to inspection 
under the provisions of the Act.

[63 FR 45675, Aug. 27, 1998. Redesignated at 63 FR 69970, Dec. 17, 1998]

Identification of Restricted Eggs or Egg Products Not Intended for Human 
                               Consumption



Sec.  57.800  Identification of restricted eggs.

    The shipping container of restricted eggs shall be determined to be 
satisfactorily identified if such container bears the packer's name and 
address, the quality of the eggs in the container (e.g., dirties, 
checks, inedibles, or loss), or the statement ``Restricted Eggs--For 
Processing Only In An Official USDA Egg Products Plant,'' for checks or 
dirties, or ``Restricted Eggs--Not To Be Used As Human Food,'' for 
inedibles, loss, and incubator rejects, or ``Restricted Eggs--To Be 
Regraded'' for graded eggs which contain more restricted eggs than are 
allowed in the official standards for U.S. Consumer Grade B shell eggs. 
The size of the letters of the identification wording shall be as 
required in Sec.  57.860. When eggs are packed in immediate containers, 
e.g., cartons, sleeve packs, overwrapped 2\1/2\- or 3-dozen packs, etc., 
for sale to household consumers under the exemptions provided for in 
section 57.100 (c), or (f), they shall be deemed to be satisfactorily 
identified in accordance with the requirements of this part if such 
immediate containers bear the packer's name and address and the quality 
of the eggs. Alternatively, a point of sale sign may be displayed 
showing the above information.



Sec.  57.801  Nest run or washed ungraded eggs.

    Nest run or washed ungraded eggs are exempt from the labeling 
provisions in Sec.  57.800. However, when such eggs are packed and sold 
to consumers, they may not exceed the tolerance for restricted eggs 
permitted in the official standards for U.S. Consumer Grade B shell 
eggs.

[60 FR 49171, Sept. 21, 1995. Redesignated at 63 FR 69970, Dec. 17, 
1998]



Sec.  57.840  Identification of inedible, unwholesome, or adulterated 
egg products.

    All inedible, unwholesome, or adulterated egg products shall be 
identified with the name and address of the processor, the words 
``Inedible Egg Products--Not To Be Used as Human Food.''



Sec.  57.860  Identification wording.

    The letters of the identification wording shall be legible and 
conspicuous.

                                 Imports



Sec.  57.900  Requirements for importation of restricted eggs into the United States.

    (a) Restricted eggs may be imported into the United States from any 
foreign country only in accordance with these regulations. The term 
United States means any State of the United States, the Commonwealth of 
Puerto Rico, the Virgin Islands of the United States, and the District 
of Columbia. The importation of any egg in violation of the regulations 
of this part is prohibited.
    (b) All such imported articles shall upon entry into the United 
States be deemed and treated as domestic articles and be subject to the 
other provisions of the Act, these regulations, and other Federal or 
State requirements.

[63 FR 69968, 69971, Dec. 17, 1998]

[[Page 90]]



Sec.  57.905  Importation of restricted eggs or eggs containing more 
restricted eggs than permitted in the official standards for U.S. 
Consumer Grade B.

    (a) No containers of restricted egg(s) other than checks or dirties 
shall be imported into the United States. The shipping containers of 
such eggs shall be identified with the name, address, and country of 
origin of the exporter, and the date of pack and quality of the eggs 
(e.g., checks, or dirties) preceded by the word ``Imported'' or the 
statement ``Imported Restricted Eggs--For Processing Only In An Official 
USDA Plant,'' or ``Restricted Eggs--Not To Be Used As Human Food.'' Such 
identification shall be legible and conspicuous. Alternatively, for 
properly sealed and certified shipments of shell eggs imported for 
breaking at an official egg products plant, the shipping containers need 
not be labeled, provided that the shipment is segregated and controlled 
upon arrival at the destination breaking plant.
    (b) Eggs which are imported for use as human food and upon entry are 
found to contain more restricted eggs than permitted in the official 
standards for U.S. Consumer Grade B, shall be refused entry and returned 
to the importing country or be conspicuously and legibly identified as 
``Imported Restricted Eggs'' and be sent directly under official seal: 
(1) To a place where they may be regraded to comply with the official 
U.S. standards for consumer grades; (2) to an official USDA egg products 
processing plant; or (3) to be used as other than human food.



Sec.  57.915  Foreign inspection certification required.

    (a) [Reserved]
    (b) Except as otherwise provided in Sec.  57.960, each consignment 
of shell eggs shall be accompanied by a foreign inspection certificate, 
which, unless otherwise approved by the Administrator contains the 
following information:
    (1) Country exporting product;
    (2) City and date where issued;
    (3) Quality or description of eggs;
    (4) Number of cases and total quantity;
    (5) Identification marks on containers;
    (6) Name and address of exporter;
    (7) Name and address of importer;
    (8) A certification that the quality or description of the shell 
eggs, including date of pack, is true and accurate;
    (9) A certification that shell eggs which have been packed into 
containers destined for the ultimate consumer have, at all times after 
packing, been stored and transported under refrigeration at an ambient 
temperature of no greater than 45 [deg]F (7.2 [deg]C); and
    (10) Name (including signature) and title of person authorized to 
issue inspection certificates for shell eggs exported to the United 
States.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.920  Importer to make application for inspection of imported eggs.

    Each person importing any eggs shall make application for inspection 
upon PY Form 222-Import Request, to the Chief, Poultry Grading Branch, 
Poultry Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, Washington, DC 20250, or to the Poultry Division, Poultry 
Grading Branch office at the port where the product is to be offered for 
importation. Application shall be made as long as possible prior to the 
arrival of each consignment of product, except in the case of product 
exempted from inspection by Sec.  57.960. Each application shall state 
the approximate date of product arrival in the United States, the name 
of the ship or other carrier, the country from which the product was 
shipped, the destination, the quantity and class of product, whether 
fresh, frozen, or dried, and the point of first arrival in the United 
States.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.925  Inspection of imported eggs.

    (a) Except as provided in Sec.  57.960, eggs offered for importation 
from any foreign country shall be subject to inspection in accordance 
with established inspection procedures, including the examination of the 
labeling information on the containers, by an inspector before the 
product shall be admitted into the United States. Importers will be 
advised of the point where inspection

[[Page 91]]

will be made, and in case of small shipments (less than carload lots), 
the importer may be required to move the product to the location of the 
nearest inspector.
    (b) Inspectors may take samples, without cost to the United States, 
of any product offered for importation which is subject to analysis or 
quality determination, except that samples shall not be taken of any 
products offered for importation under Sec.  57.960, unless there is 
reason for suspecting the presence therein of a substance in violation 
of that section.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.930  Imported eggs; retention in customs custody; delivery 
under bond; movement prior to inspection; sealing; handling; facilities, 
and assistance.

    (a) No eggs required by this part to be inspected shall be released 
from customs custody prior to required inspections, but such product may 
be delivered to the consignee, or his agent, prior to inspection if the 
consignee shall furnish a bond, in the form prescribed by the Secretary 
of the Treasury, conditioned that the product shall be returned, if 
demanded, to the collector of the port where the same is offered for 
clearance through customs.
    (b) Notwithstanding paragraph (a) of this section, no product 
required by this part to be inspected shall be moved prior to inspection 
from the port of arrival where first unloaded, and if arriving by water 
from the wharf where first unloaded at such port, to any place other 
than the place designated in accordance with this part as the place 
where the same shall be inspected; and no product shall be conveyed in 
any manner other than in compliance with this part.
    (c) Means of conveyance or packages in which any product is moved in 
accordance with this part, prior to inspection, from the port or wharf 
where first unloaded in the United States, shall be sealed with special 
import seals of the U.S. Department of Agriculture or otherwise 
identified as provided herein, unless already sealed with customs or 
consular seals in accordance with the customs regulations. Such special 
seals shall be affixed by an inspector or, if there is no inspector at 
such port, by a customs officer. In lieu of sealing packages, the 
carrier or importer may furnish and attach to each package of product a 
warning notice on bright yellow paper, not less than 5x8 inches in size, 
containing the following legend in black type of a conspicuous size:

                     (Name of Truck Line or Carrier)

                                 Notice

    This package of ---------- must be delivered intact to an inspector 
of the Poultry Division, U.S. Department of Agriculture.

                                 Warning

    Failure to comply with these instructions will result in penalty 
action being taken against the holder of the customs entry bond.
    If the product is found to be acceptable upon inspection, the 
product may be released to the consignee, or his agent, and this warning 
notice defaced.
    (d) No person shall affix, break, alter, deface, mutilate, remove, 
or destroy any special import seal of the U.S. Department of 
Agriculture, except customs officers or inspectors, or as provided in 
paragraph (f) of this section.
    (e) No product shall be removed from any means of conveyance or 
package sealed with a special import seal of the U.S. Department of 
Agriculture, except under the supervision of an inspector or a customs 
officer, or as provided in paragraph (f) of this section.
    (f) In case of a wreck or similar extraordinary emergency, the 
special import seal of the U.S. Department of Agriculture on a car, 
truck, or other means of conveyance may be broken by the carrier and, if 
necessary, the articles may be reloaded into another means of conveyance 
for transportation to destination. In all such cases, the carrier shall 
immediately report the facts by telegraph to the Chief of the Grading 
Branch.
    (g) The consignee or his agent shall provide such facilities and 
assistance as the inspector may require for the inspection and handling 
and marking of products offered for importation.

[63 FR 69968, 69971, Dec. 17, 1998]

[[Page 92]]



Sec.  57.935  Means of conveyance and equipment used in handling eggs 
to be maintained in sanitary condition.

    Compartments of boats, railroad cars, and other means of conveyance 
transporting any product to the United States, and all chutes, 
platforms, racks, tables, tools, utensils, and all other devices used in 
moving and handling such product offered for importation, shall be 
maintained in a sanitary condition.



Sec.  57.945  Foreign eggs offered for importation; reporting of findings 
to customs; handling of products refused entry.

    (a) Inspectors shall report their findings to the collector of 
customs at the port where products are offered for entry, and shall 
request the collector to refuse entry to eggs which are marked or 
designated ``U.S. Refused Entry'' or otherwise are not in compliance 
with the regulations in this part. Unless such products are exported by 
the consignee within a time specified by the collector of customs 
(usually 30 days), the consignee shall cause the destruction of such 
products for human food purposes under the supervision of an inspector. 
If products are destroyed for human food purposes under the supervision 
of an inspector, he shall give prompt notice thereof to the District 
Director of Customs.
    (b) Consignees shall, at their own expense, return immediately to 
the collector of customs, in means of conveyance or packages sealed by 
the U.S. Department of Agriculture, any eggs received by them under this 
part which in any respect do not comply with this part.
    (c) Except as provided in Sec.  57.930(a), no person shall remove or 
cause to be removed from any place designated as the place of 
inspection, any eggs which the regulations require to be marked in any 
way, unless the same has been clearly and legibly marked in compliance 
with this part.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.950  Labeling of containers of eggs for importation.

    (a) Immediate containers of product offered for importation shall 
bear a label, printed in English, showing:
    (1) The name of product;
    (2) The name of the country of origin of the product, and for 
consumer packaged products, preceded by the words ``Product of,'' which 
statement shall appear immediately under the name of the product;
    (3) The quality or description of shell eggs, including date of 
pack;
    (4) For shell eggs, the words, ``Keep Refrigerated,'' or words of 
similar meaning;
    (5) [Reserved]
    (6) The name and place of business of manufacturer, packer, or 
distributor, qualified by a phrase which reveals the connection that 
such person has with the product;
    (7) An accurate statement of the quantity;
    (b) For properly sealed and certified shipments of shell eggs 
imported for breaking at an official egg products plant, the immediate 
containers need not be labeled, provided that the shipment is segregated 
and controlled upon arrival at the destination breaking plant.
    (c) The labels shall not be false or misleading in any respect.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.955  Labeling of shipping containers of eggs for importation.

    (a) Shipping containers of foreign product which are shipped to the 
United States shall bear in a prominent and legible manner:
    (1) The common or usual name of the product;
    (2) The name of the country of origin;
    (3)-(4) [Reserved]
    (5) The quality or description of the eggs, except as required in 
Sec.  57.905;
    (6) The words ``Keep refrigerated'' or words of similar meaning.
    (b) Labeling on shipping containers examined at the time of 
inspection in the United States, if found to be false or misleading, 
shall be cause for the product to be refused entry.

[[Page 93]]

    (c) For properly sealed and certified shipments of shell eggs 
imported for breaking at an official egg products plant, the shipping 
containers need not be labeled, provided that the shipment is segregated 
and controlled upon arrival at the destination breaking plant.
    (d) In the case of products which are not in compliance solely 
because of misbranding, such products may be brought into compliance 
with the regulations only under the supervision of an authorized 
representative of the Administrator.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.960  Small importations for consignee's personal use, display, 
or laboratory analysis.

    Any eggs which are offered for importation, exclusively for the 
consignee's personal use, display, or laboratory analysis, and not for 
sale or distribution; which is sound, healthful, wholesome, and fit for 
human food; and which is not adulterated and does not contain any 
substance not permitted by the Act or regulations, may be admitted into 
the United States without a foreign inspection certificate. Such product 
is not required to be inspected upon arrival in the United States and 
may be shipped to the consignee without further restriction under this 
part: Provided, That the Department may, with respect to any specific 
importation, require that the consignee certify that such product is 
exclusively for the consignee's personal use, display, or laboratory 
analysis and not for sale or distribution. The amount of such product 
imported shall not exceed 30-dozen shell eggs, unless otherwise 
authorized by the Administrator.

[63 FR 69968, 69971, Dec. 17, 1998]



Sec.  57.965  Returned U.S. inspected and marked products; not importations.

    Products which have been inspected by the United States Department 
of Agriculture and so marked, and which are returned from foreign 
countries are not importations within the meaning of this part. Such 
returned shipments shall be reported to the Administrator by letter.



Sec.  57.970  Charges for storage, cartage, and labor with respect to 
products imported contrary to the Act.

    All charges for storage, cartage, and labor with respect to any 
product which is imported contrary to this part shall be paid by the 
owner or consignee, and in default of such payment shall constitute a 
lien against such product and any other product thereafter imported 
under the Act by or for such owner or consignee.



Subpart B_Rules of Practice Governing Proceedings Under the Egg Products 
                             Inspection Act

    Source: 64 FR 40738, July 28, 1999, unless otherwise noted.

              Scope and Applicability of Rules of Practice



Sec.  57.1000  Administrative proceedings.

    (a) The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicating 
administrative proceedings under section 12(c) of the Egg Products 
Inspection Act (21 U.S.C. 1041).
    (b) In addition to the proceedings set forth in paragraph (a) of 
this section, the Administrator, in his discretion, at any time prior to 
the issuance of a complaint seeking a civil penalty under the Act may 
enter into a stipulation with any person, in accordance with the 
following prescribed conditions:
    (1) The Administrator gives notice of an apparent violation of the 
Act or the regulations issued thereunder by such person and affords such 
person an opportunity for a hearing regarding the matter as provided by 
the Act;
    (2) Such person expressly waives hearing and agrees to a specified 
order including an agreement to pay a specified civil penalty within a 
designated time; and
    (3) The Administrator agrees to accept the specified civil penalty 
in settlement of the particular matter involved if it is paid within the 
designated time.

[[Page 94]]

    (4) If the specified penalty is not paid within the time designated 
in such stipulation, the amount of the stipulated penalty shall not be 
relevant in any respect to the penalty that may be assessed after the 
institution of a formal administrative proceeding pursuant to the 
Uniform Rules of Practice, Subpart H, Part 1, Title 7, Code of Federal 
Regulations.



PART 58_GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS 
AND STANDARDS FOR GRADES OF DAIRY PRODUCTS\1\--Table of Contents




 Subpart A_Regulations Governing the Inspection and Grading Services of 
                Manufactured or Processed Dairy Products

                               Definitions
---------------------------------------------------------------------------

    \1\ Compliance with these standards does not excuse failure to 
comply with the provisions of the Federal Food, Drug and Cosmetic Act.
---------------------------------------------------------------------------

Sec.
58.1 Meaning of words.
58.2 Designation of official certificates, memoranda, marks, 
          identifications, and devices for purpose of the Agricultural 
          Marketing Act.

                             Administration

58.3 Authority.

                      Inspection or Grading Service

58.4 Basis of service.
58.5 Where service is offered.
58.6 Supervision of service.
58.7 Who may obtain service.
58.8 How to make application.
58.9 Form of application.
58.10 Filing of application.
58.11 Approval of application.
58.12 When application may be rejected.
58.13 When application may be withdrawn.
58.14 Authority of applicant.
58.15 Accessibility and condition of product.
58.16 Disposition of samples.
58.17 Order of service.
58.18 Inspection or grading certificates, memoranda, or reports.
58.19 Issuance of inspection or grading certificates.
58.20 Disposition of inspection or grading certificates or reports.
58.21 Advance information.

       Appeal Inspection or Grading and Reinstatement of Regrading

58.22 When appeal inspection or grading may be requested.
58.23 How to obtain appeal inspection or grading.
58.24 Record of filing time.
58.25 When an application for appeal inspection or grading may be 
          refused.
58.26 When an application for an appeal inspection or grading may be 
          withdrawn.
58.27 Order in which appeal inspections or gradings are performed.
58.28 Who shall make appeal inspections or gradings.
58.29 Appeal inspection or grading certificate or report.
58.30 Application for reinspection or regrading.
58.31 Reinspection or regrading certificate or report.
58.32 Superseded certificates or reports.

                   Licensing of Inspectors or Graders

58.33 Who may be licensed.
58.34 Suspension or revocation of license.
58.35 Surrender of license.
58.36 Identification.
58.37 Financial interest of licensees.

                            Fees and Charges

58.38 Payment of fees and charges.
58.39 Fees for holiday or other nonworktime.
58.40 Fees for appeal inspection or grading.
58.41 Fees for additional copies of certificates.
58.42 Travel expenses and other charges.
58.43 Fees for inspection, grading, and sampling.
58.45 Fees for continuous resident services.
58.46 Fees for service performed under cooperative agreement.

               Marking, Branding, and Identifying Product

58.49 Authority to use official identification.
58.50 Approval and form of official identification.
58.51 Information required on official identification.
58.52 Time limit for packaging inspected or graded products with 
          official identification.

    Prerequisites to Packaging Products With Official Identification

58.53 Supervisor of packaging required.
58.54 Packing and packaging room and equipment.
58.55 Facilities for keeping quality samples.
58.56 Incubation of product samples.
58.57 Product not eligible for packaging with official identification.

[[Page 95]]

                               Violations

58.58 Debarment of service.

                              Miscellaneous

58.61 Political activity.
58.62 Report of violations.
58.63 Other applicable regulations.
58.64 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

  Subpart B_General Specifications for Dairy Plants Approved for USDA 
                     Inspection and Grading Service

                               Definitions

58.100 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.
58.101 Meaning of words.

                                 Purpose

58.122 Approved plants under USDA inspection and grading service.

                             Approved Plants

58.123 Survey and approval.
58.124 Denial or suspension of plant approval.

         Premises, Buildings, Facilities, Equipment and Utensils

58.125 Premises.
58.126 Buildings.
58.127 Facilities.
58.128 Equipment and utensils.

                    Personnel, Cleanliness and Health

58.129 Cleanliness.
58.130 Health.

             Protection and Transport of Raw Milk and Cream

58.131 Equipment and facilities.

                   Quality Specifications for Raw Milk

58.132 Basis for classification.
58.133 Methods for quality and wholesomeness determination.
58.134 Sediment content.
58.135 Bacterial estimate.
58.136 Rejected milk.
58.137 Excluded milk.
58.138 Quality testing of milk from new producers.
58.139 Record of tests.
58.140 Field service.
58.141 Alternate quality control program.

                   Operations and Operating Procedures

58.142 Product quality and stability.
58.143 Raw product storage.
58.144 Pasteurization or ultra-pasteurization.
58.145 Composition and wholesomeness.
58.146 Cleaning and sanitizing treatment.
58.147 Insect and rodent control program.
58.148 Plant records.
58.149 Alternate quality control programs for dairy products.

                  Packaging and General Identification

58.150 Containers.
58.151 Packaging and repackaging.
58.152 General identification.

                       Storage of Finished Product

58.153 Dry storage.
58.154 Refrigerated storage.

             Inspection, Grading and Official Identification

58.155 Grading.
58.156 Inspection.
58.157 Inspection or grading certificates.
58.158 Official identification.

                          Explanation of Terms

58.159 Terms.

  Supplemental Specifications for Plants Manufacturing, Processing and 
Packaging Nonfat Dry Milk, Instant Nonfat Dry Milk, Dry Whole Milk, and 
                             Dry Buttermilk

                               Definitions

58.205 Meaning of words.

                         Rooms and Compartments

58.210 Dry storage of product.
58.211 Packaging room for bulk products.
58.212 Hopper or dump room.
58.213 Repackaging room.

                         Equipment and Utensils

58.214 General construction, repair and installation.
58.215 Pre-heaters.
58.216 Hotwells.
58.217 Evaporators and/or vacuum pans.
58.218 Surge tanks.
58.219 High pressure pumps and lines.
58.220 Drying systems.
58.221 Collectors and conveyors.
58.222 Dry dairy product cooling equipment.
58.223 Special treatment equipment.
58.224 Sifters.
58.225 Clothing and shoe covers.
58.226 Portable and stationary bulk bins.
58.227 Sampling device.
58.228 Dump hoppers, screens, mixers and conveyors.
58.229 Filler and packaging equipment.
58.230 Heavy duty vacuum cleaners.

                Quality Specifications for Raw Materials

58.231 General.
58.232 Milk.
58.233 Skim milk.
58.234 Buttermilk.

[[Page 96]]

58.235 Modified dry milk products.

                   Operations and Operating Procedures

58.236 Pasteurization and heat treatment.
58.237 Condensed surge supply.
58.238 Condensed storage tanks.
58.239 Drying.
58.240 Cooling dry products.
58.241 Packaging, repackaging and storage.
58.242 Product adulteration.
58.243 Checking quality.
58.244 Number of samples.
58.245 Method of sample analysis.
58.246 Cleaning of dryers, collectors, conveyors, ducts, sifters and 
          storage bins.
58.247 Insect and rodent control program.

 Requirements for Finished Products Bearing USDA Official Identification

58.248 Nonfat dry milk.
58.249 Instant nonfat dry milk.
58.250 Dry whole milk.
58.251 Dry buttermilk and dry buttermilk product.

  Supplemental Specifications for Plants Manufacturing, Processing and 
                  Packaging Butter and Related Products

                               Definitions

58.305 Meaning of words.

                         Rooms and Compartments

58.311 Coolers and freezers.
58.312 Churn rooms.
58.313 Print and bulk packaging rooms.

                         Equipment and Utensils

58.314 General construction, repair and installation.
58.315 Continuous churns.
58.316 Conventional churns.
58.317 Bulk butter trucks, boats, texturizers, and packers.
58.318 Butter, frozen or plastic cream melting machines.
58.319 Printing equipment.
58.320 Brine tanks.
58.321 Cream storage tanks.

                 Quality Specifications for Raw Material

58.322 Cream.
58.323 [Reserved]
58.324 Butteroil.
58.325 Anhydrous milkfat.
58.326 Plastic cream.
58.327 Frozen cream.
58.328 Salt.
58.329 Color.
58.330 Butter starter cultures.
58.331 Starter distillate.

                   Operations and Operating Procedures

58.332 Segregation of raw material.
58.334 Pasteurization.
58.335 Quality control tests.
58.336 Frequency of sampling for quality control of cream, butter and 
          related products.
58.337 Official test methods.
58.338 Composition and wholesomeness.
58.339 Containers.
58.340 Printing and packaging.
58.341 Repackaging.
58.342 General identification.
58.343 Storage of finished product in coolers.
58.344 Storage of finished product in [chyph]freezer.

 Requirements for Finished Products Bearing USDA Official Identification

58.345 Butter.
58.346 Whipped butter.
58.347 Butteroil or anhydrous milkfat.
58.348 Plastic cream.
58.349 Frozen cream.

   Supplemental Specifications for Plants Manufacturing and Packaging 
                                 Cheese

                               Definitions

58.405 Meaning of words.

                         Rooms and Compartments

58.406 Starter facility.
58.407 Make room.
58.408 Brine room.
58.409 Drying room.
58.410 Paraffining room.
58.411 Rindless cheese wrapping area.
58.412 Coolers or curing rooms.
58.413 Cutting and packaging rooms.

                         Equipment and Utensils

58.414 General construction, repair and installation.
58.415 Starter vats.
58.416 Cheese vats, tanks and drain tables.
58.417 Mechanical agitators.
58.418 Automatic cheese making equipment.
58.419 Curd mill and miscellaneous equipment.
58.420 Hoops, forms and followers.
58.421 Press.
58.422 Brine tank.
58.423 Cheese vacuumizing chamber.
58.424 Monorail.
58.425 Conveyor for moving and draining block or barrel cheese.
58.426 Rindless cheese wrapping equipment.
58.427 Paraffin tanks.
58.428 Specialty equipment.
58.429 Washing machine.

                 Quality Specifications for Raw Material

58.430 Milk.
58.431 Hydrogen peroxide.
58.432 Catalase.
58.433 Cheese cultures.
58.434 Calcium chloride.
58.435 Color.

[[Page 97]]

58.436 Rennet, pepsin, or other milk clotting enzymes and flavor 
          enzymes.
58.437 Salt.

                   Operations and Operating Procedures

58.438 Cheese from pasteurized milk.
58.439 Cheese from unpasteurized milk.
58.440 Make schedule.
58.441 Records.
58.442 Laboratory and quality control tests.
58.443 Whey handling.
58.444 Packaging and repackaging.
58.445 General identification.

 Requirements for Finished Products Bearing USDA Official Identification

58.446 Quality requirements.

   Supplemental Specifications for Plants Manufacturing and Packaging 
                             Cottage Cheese

                               Definitions

58.505 Meaning of words.

                         Rooms and Compartments

58.510 Rooms and compartments.

                         Equipment and Utensils

58.511 General construction, repair and installation.
58.512 Cheese vats or tanks.
58.513 Agitators.
58.514 Container fillers.
58.515 Mixers.
58.516 Starter vats.

                 Quality Specifications for Raw Material

58.517 General.
58.518 Milk.
58.519 Dairy products.
58.520 Nondairy ingredients.

                   Operations and Operating Procedures

58.521 Pasteurization and product flow.
58.522 Reconstituting nonfat dry milk.
58.523 Laboratory and quality control tests.
58.524 Packaging and general identification.
58.525 Storage of finished product.

  Requirements for Cottage Cheese Bearing USDA Official Identification

58.526 Official identification.
58.527 Physical requirements.
58.528 Microbiological requirements.
58.529 Chemical requirements.
58.530 Keeping quality requirements.

 Supplemental Specifications for Plants Manufacturing, Processing, and 
                        Packaging Frozen Desserts

                               Definitions

58.605 Meaning of words.

                         Rooms and Compartments

58.619 Mix processing room.
58.620 Freezing and packaging rooms.
58.621 Freezing tunnels.
58.622 Hardening and storage rooms.

                         Equipment and Utensils

58.623 Homogenizer.
58.624 Freezers.
58.625 Fruit or syrup feeders.
58.626 Packaging equipment.

                 Quality Specifications for Raw Material

58.627 Milk and dairy products.
58.628 Sweetening agents.
58.629 Flavoring agents.
58.630 Stabilizers.
58.631 Emulsifiers.
58.632 Acid.
58.633 Color.

                   Operations and Operating Procedures

58.634 Assembling and combining mix ingredients.
58.635 Pasteurization of the mix.
58.636 Homogenization.
58.637 Cooling the mix.
58.638 Freezing the mix.
58.639 Addition of flavor.
58.640 Packaging.
58.641 Hardening and storage.
58.642 Quality control tests.
58.643 Frequency of sampling.
58.644 Test methods.
58.645 General identification.

 Requirements for Finished Products Bearing USDA Official Identification

58.646 Official identification.
58.647 Composition requirements for ice cream.
58.648 Microbiological requirements for ice cream.
58.649 Physical requirements for ice cream.
58.650 Requirements for frozen custard.
58.651 [Reserved]
58.652 Composition requirements for sherbet.
58.653 Microbiological requirements for sherbet.
58.654 Physical requirements for sherbet.

  Supplemental Specifications for Plants Manufacturing, Processing and 
        Packaging Pasteurized Process Cheese and Related Products

                               Definitions

58.705 Meaning of words.

                         Equipment and Utensils

58.706 General construction, repair and installation.
58.707 Conveyors.
58.708 Grinders or shredders.

[[Page 98]]

58.709 Cookers.
58.710 Fillers.

                 Quality Specifications for Raw Material

58.711 Cheddar, colby, washed or soaked curd, granular or stirred curd 
          cheese.
58.712 Swiss.
58.713 Gruyere.
58.714 Cream cheese, Neufchatel cheese.
58.715 Cream, plastic cream and anhydrous milkfat.
58.716 Nonfat dry milk.
58.717 Whey.
58.718 Flavor ingredients.
58.719 Coloring.
58.720 Acidifying agents.
58.721 Salt.
58.722 Emulsifying agents.

                   Operations and Operating Procedures

58.723 Basis for selecting cheese for processing.
58.724 Blending.
58.725 Trimming and cleaning.
58.726 Cutting and grinding.
58.727 Adding optional ingredients.
58.728 Cooking the batch.
58.729 Forming containers.
58.730 Filling containers.
58.731 Closing and sealing containers.
58.732 Cooling the packaged cheese.
58.733 Quality control tests.

    Requirements for Processed Cheese Products Bearing USDA Official 
                             Identification

58.734 Official identification.
58.735 Quality specifications for raw materials.

              Quality Specifications For Finished Products

58.736 Pasteurized process cheese.
58.737 Pasteurized process cheese food.
58.738 Pasteurized process cheese spread and related products.

 Supplemental Specifications for Plants Manufacturing, Processing, and 
                Packaging Whey, Whey Products and Lactose

                               Definitions

58.805 Meaning of words.

                         Rooms and Compartments

58.806 General.

                         Equipment and Utensils

58.807 General construction, repair and installation.

                Quality Specifications for Raw Materials

58.808 Whey.

                   Operations and Operating Procedures

58.809 Pasteurization.
58.810 Temperature requirements.
58.811 General.
58.812 Methods of sample analysis

 Requirements for Finished Products Bearing USDA Official Identification

58.813 Dry whey.

  Supplemental Specifications for Plants Manufacturing, Processing and 
  Packaging Evaporated and Condensed Milk or Ultra-Pasteurized Products

                               Definitions

58.905 Meaning of words.

                         Equipment and Utensils

58.912 General construction, repair and installation.
58.913 Evaporators and vacuum pans.
58.914 Fillers.
58.915 Batch or continuous in-container thermal processing equipment.
58.916 Homogenizer.

                   Operations and Operating Procedures

58.917 General.
58.918 Standardization.
58.919 Pre-heat, pasteurization.
58.920 Homogenization.
58.921 Concentration.
58.922 Thermal processing.
58.923 Filling containers.
58.924 Aseptic filling.
58.925 Sweetened condensed.
58.926 Heat stability.
58.927 Storage.
58.928 Quality control tests.
58.929 Frequency of sampling for quality control.
58.930 Official test methods.
58.931 General identification.

                Quality Specifications for Raw Materials

58.932 Milk.
58.933 Stabilizers.
58.934 Sugars.
58.935 Chocolate and cocoa.

 Requirements for Finished Products Bearing USDA Official Identification

58.936 Milk.
58.937 Physical requirements for evaporated milk.
58.938 Physical requirements and microbiological limits for sweetened 
          condensed milk.

Subparts C-V [Reserved]

[[Page 99]]

Subpart W_United States Department of Agriculture Standard for Ice Cream

58.2825 United States Standard for ice cream.
58.2826 General identification.
58.2827 Official identification.

    Authority: 7 U.S.C. 1621--1627.

    Source: 23 FR 9410, Dec. 5, 1958, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.
    Note: Compliance with these standards does not excuse failure to 
comply with the provisions of the Federal Food, Drug, and Cosmetic Act.



 Subpart A_Regulations Governing the Inspection and Grading Services of 
                Manufactured or Processed Dairy Products

    Source: 37 FR 22363, Oct. 19, 1972, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                               Definitions



Sec.  58.1  Meaning of words.

    For the purpose of the regulations in this subpart, words in the 
singular form shall be deemed to import the plural and vice versa, as 
the case may demand. Unless the context otherwise requires, the 
following terms shall have the following meaning:
    Act means the applicable provisions of the Agricultural Marketing 
Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621-1627) or any other 
act of Congress conferring like authority.
    Administrator means the Administrator of the Agricultural Marketing 
Service or any other officer or employee of the Agricultural Marketing 
Service to whom authority has heretofore been delegated, or to whom 
authority may hereafter be delegated, to act in his stead.
    Agricultural Marketing Service or AMS means the Agricultural 
Marketing Service of the Department.
    Applicant means any interested party who has applied for inspection 
or grading service.
    Approved laboratory means a laboratory in which the facilities and 
equipment used for official testing have been adequate to perform the 
necessary official tests in accordance with this part.
    Approved plant means one or more adjacent buildings, or parts 
thereof, comprising a single plant at one location in which the 
facilities and methods of operation therein have been surveyed and 
approved by the Administrator as suitable and adequate for inspection or 
grading service in accordance with this part.
    Area Supervisor means any employee of the Branch in charge of dairy 
inspection or grading service in a designated geographical area.
    Branch means the Dairy Inspection Branch of the Poultry and Dairy 
Quality Division.
    Chief means the Chief of the Branch, or any officer or employee of 
the Branch to whom authority has been heretofore delegated, or to whom 
authority may hereafter be delegated, to act in his stead.
    Class means any subdivision of a product based on essential physical 
characteristics that differentiate between major groups of the same kind 
or method of processing.
    Condition of container means the degree of acceptability of the 
container with respect to freedom from defects which affect its 
serviceability, including appearance as well as usability, of the 
container for its intended purpose.
    Condition of product or condition is an expression of the extent to 
which a product is free from defects which affect its usability, 
including but not limited to, the state of preservation, cleanliness, 
soundness, wholesomeness, or fitness for human food.
    Continuous resident service or resident service is inspection or 
grading service performed at a dairy manufacturing plant or grading 
station by an inspector or grader assigned to the plant or station on a 
continuous, year-round, resident basis.
    Department or USDA means the U.S. Department of Agriculture.
    Director means the Director of the Poultry and Dairy Quality 
Division, or any other officer or employee of the Division to whom 
authority has heretofore been delegated or to whom authority may 
hereafter be delegated, to act in his stead.

[[Page 100]]

    Division means the Poultry and Dairy Quality Division of the 
Agricultural Marketing Service.
    Inspection or grading service or service means in accordance with 
this part, the act of (a) drawing samples of any product; (b) 
determining the class, grade, quality, composition, size, quantity, or 
condition of any product by examining each unit or representative 
samples; (c) determining condition of product containers; (d) 
identifying any product or packaging material by means of official 
identification; (e) regrading or appeal grading of a previously graded 
product; (f) inspecting dairy plant facilities, equipment, and 
operations; such as, processing, manufacturing, packaging, repackaging, 
and quality control; (g) supervision of packaging inspected or graded 
product; (h) reinspection or appeal inspection; and (i) issuing an 
inspection or grading certificate or sampling, inspection, or other 
report related to any of the foregoing.
    Inspector or grader means any Federal or State employee to whom a 
license has been issued by the Administrator to perform one or more 
types of inspection or grading services.
    Inspection or grading office means the office of any inspector or 
grader.
    Interested party means any person financially interested in a 
transaction involving any inspection or grading service.
    Licensed plant employee means an employee of an approved plant to 
whom a license is issued by the Administrator to supervise packaging of 
officially inspected or graded product, perform laboratory tests, or 
perform other duties as assigned by the Administrator. A licensed plant 
employee is not authorized to issue any inspection or grading 
certificate.
    Product means butter, cheese (whether natural or processed), milk, 
cream, milk products (whether dried, frozen, evaporated, stabilized, or 
condensed), ice cream, dry whey, dry buttermilk, and any other food 
product, which is prepared or manufactured in whole or in part from any 
of the aforesaid products, as the Administrator may hereafter designate.
    Person means any individual, partnership, association, business, 
trust, corporation, or any organized group of persons, whether 
incorporated or not.
    Plant survey means an appraisal of the plant to determine extent to 
which facilities, equipment, method of operation, and raw material being 
received are in accordance with the provisions of this part. The survey 
shall be used to determine suitability of the plant for inspection or 
grading service.
    Quality means the inherent properties of any product which determine 
its relative degree of excellence.
    Regulations means the provisions of this subpart.
    Sampling report means a statement issued by an inspector or grader 
identifying samples taken by him for inspection or grading service.
    Supervisor of packaging means an employee of the Department or other 
person licensed by the Administrator to supervise the packaging and 
official identification of product or any repackaging of bulk product.

(60 Stat. 1087, 7 U.S.C. 1621 et seq.; 84 Stat. 1620, 21 U.S.C. 1031 et 
seq.)

[37 FR 22363, Oct. 19, 1972, as amended at 38 FR 4381, Feb. 14, 1973. 
Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138, 
Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 
54 FR 15167, Apr. 17, 1989]



Sec.  58.2  Designation of official certificates, memoranda, marks, 
identifications, and devices for purpose of the Agricultural Marketing 
Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Pub. L. 272, 84th Congress, provides criminal penalties for 
various specified offenses relating to official certificates, memoranda, 
marks or identifications, and devices for making such marks or 
identifications, issued or authorized under section 203 of said Act, and 
certain misrepresentations concerning the inspection or grading of 
agricultural products under said section. For the purposes of said 
subsection and the provisions in this part, the terms listed below shall 
have the respective meanings specified:
    (a) Official certificate means any form of certification, either 
written or printed (including that prescribed in Sec.  58.18)

[[Page 101]]

used under the regulations in this subpart to certify with respect to 
the inspection of dairy processing plants and the inspection, class, 
grade, quality, size, quantity, or condition of products (including the 
compliance of products and packaging material with applicable 
specifications).
    (b) Official memorandum means any initial record of findings made by 
an authorized person in the process of inspecting, grading, determining 
compliance, or sampling pursuant to the regulations in this subpart, any 
processing or plant-operation report made by an authorized person in 
connection with inspecting, grading, determining compliance, or sampling 
under the regulations in this subpart, and any report made by an 
authorized person of services performed pursuant to the regulations in 
this subpart.
    (c) Official identification or other official marks means any form 
of identification or mark (including, but not limited to, those in 
Sec. Sec.  58.49 through 58.51) approved by the Administrator and 
authorized to be affixed to any product, or affixed to or printed on the 
packaging material of any product certifying the inspection, class, 
grade, quality, size, quantity, or condition of the products (including 
the compliance of products with applicable specifications) or to 
maintain the identity of the product for which service is provided under 
the regulations in this subpart.
    (d) Official device means a stamping applicance, branding device, 
stencil, printed label, or any other mechanically or manually operated 
tool that is approved by the Administrator for the purpose of applying 
any official mark or other identification to any product or the 
packaging material thereof.

                             Administration



Sec.  58.3  Authority.

    The Administrator shall perform such duties as may be required in 
the enforcement and administration of the provisions of the Act and this 
part.

                      Inspection or Grading Service



Sec.  58.4  Basis of service.

    Inspection or grading service shall be performed in accordance with 
the provisions of this part, the instructions and procedures issued or 
approved by the Administrator, U.S. standards for grades, Federal 
specifications, and specifications as defined in a specific purchase 
contract. All services provided in accordance with these regulations 
shall be rendered without discrimination on the basis of race, color, 
creed, or national origin.

[39 FR 986, Jan. 4, 1974. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  58.5  Where service is offered.

    Subject to the provisions of this part, inspection or grading 
service may be performed when a qualified inspector or grader is 
available, and when the facilities and conditions are satisfactory for 
the conduct of the service.



Sec.  58.6  Supervision of service.

    All inspection or grading service shall be subject to supervision by 
a supervisory inspector or grader, Area Supervisor, or by the Chief, or 
such other person of the Branch as may be designated by the Chief. 
Whenever there is evidence that inspection or grading service has been 
incorrectly performed, a supervisor shall immediately make a 
reinspection or regrading, and he shall supersede the previous 
inspection or grading certificate or report with a new certificate or 
report showing the corrected information.



Sec.  58.7  Who may obtain service.

    An application for inspection or grading service may be made by any 
interested person, including, but not limited to, the United States, any 
State, county, municipality, or common carrier, or any authorized agent 
of the foregoing.



Sec.  58.8  How to make application.

    (a) On a fee basis. An application for inspection or grading service 
may be

[[Page 102]]

made in any inspection or grading office or with any inspector or 
grader. Such application may be made orally (in person or by telephone), 
in writing, or by telegraph. If made orally, written confirmation may be 
required.
    (b) On a continuous basis. Application for inspection or grading 
service on a continuous basis as provided in Sec.  58.45 shall be made 
in writing on application forms as approved by the Administrator and 
filed with the Administrator.



Sec.  58.9  Form of application.

    Each application for inspection or grading service shall include 
such information as may be required by the Administrator in regard to 
the type of service; kind of products and place of manufacture, 
processing, or packaging: and location where service is desired.



Sec.  58.10  Filing of application.

    An application for inspection or grading service shall be regarded 
as filed only when made pursuant to this subpart.



Sec.  58.11  Approval of application.

    An application for inspection or grading service may be approved 
when (a) a qualified inspector or grader is available, (b) facilities 
and conditions are satisfactory for the conduct of the service, and (c) 
the product has been manufactured or processed in a plant approved for 
inspection or grading service in accordance with the provisions of this 
part and instructions issued thereunder.



Sec.  58.12  When application may be rejected.

    An application for inspection or grading service may be rejected by 
the Administrator (a) when the applicant fails to meet the requirements 
of the regulations in this subpart prescribing the conditions under 
which the service is made available; (b) when the product is owned by, 
or located on the premises of, a person currently denied the benefits of 
the Act; (c) when an individual holding office or a responsible position 
with or having a substantial financial interest or share with 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) when the application is an attempt on the part of a 
person currently denied the benefits of the Act to obtain inspection or 
grading service; (e) when the product was produced from unwholesome raw 
material or was produced under insanitary or otherwise unsatisfactory 
conditions; (f) when the product is of illegal composition or is lacking 
satisfactory keeping quality; (g) when the product has been produced in 
a plant which has not been surveyed and approved for inspection or 
grading service; (h) when fees billed are not paid within 30 days; or 
(i) when there is noncompliance with the Act or this part or 
instructions issued hereunder. When an application is rejected, the 
applicant shall be notified in writing by the Area Supervisor or his 
designated representative, the reason or reasons for the rejection.

[37 FR 22363, Oct. 19, 1972, as amended at 53 FR 20278, June 3, 1988]



Sec.  58.13  When application may be withdrawn.

    An application for inspection or 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 AMS in connection with 
such application.



Sec.  58.14  Authority of applicant.

    Proof of the authority of any person applying for any inspection or 
grading service may be required in the discretion of the Administrator.



Sec.  58.15  Accessibility and condition of product.

    Each lot of product for which inspection or grading service is 
requested shall be so conditioned and placed as to permit selection of 
representative samples and proper determination of the class, grade, 
quality, quantity, or condition of such product. In addition, if sample 
packages are furnished by the applicant, such samples shall be 
representative of the lot to be inspected or graded and additional 
samples shall be made available for verification. The room or area where 
the service is to be performed shall be clean and sanitary, free from 
foreign odors, and shall be

[[Page 103]]

provided with adequate lighting, ventilation, and temperature control.



Sec.  58.16  Disposition of samples.

    Any sample of product used for inspection or grading may be returned 
to the applicant at his request and at his expense if such request was 
made at the time of the application for the service. In the event the 
aforesaid request was not made at the time of application for the 
service, the sample of product may be destroyed, disposed of to a 
charitable organization, or disposed of by any other method prescribed 
by the Administrator.



Sec.  58.17  Order of service.

    Inspection or grading service shall be performed, insofar as 
practicable and subject to the availability of qualified inspectors or 
graders, in the order in which applications are made except that 
precedence may be given to any application for an appeal inspection or 
grading.



Sec.  58.18  Inspection or grading certificates, memoranda, or reports.

    Inspection or grading certificates and sampling, plant survey, and 
other memoranda or reports shall be issued on forms approved by the 
Administrator.



Sec.  58.19  Issuance of inspection or grading certificates.

    An inspection or grading certificate shall be issued to cover a 
product inspected or graded in accordance with Instructions issued by 
the Administrator and shall be signed by an inspector or grader. This 
does not preclude an inspector or grader from granting a power of 
attorney to another person to sign in his stead, if such grant of power 
of attorney has been approved by the Administrator: Provided, That in 
all cases any such certificate shall be prepared in accordance with the 
facts set forth in the official memorandum defined in Sec.  58.2(b): And 
provided further, that whenever a certificate is signed by a person 
under a power of attorney the certificate should so indicate. The 
signature of the holder of the power shall appear in conjunction with 
the name of the grader or inspector who personally graded or inspected 
the product.

[39 FR 986, Jan. 4, 1974. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  58.20  Disposition of inspection or grading certificates or reports.

    The original of any inspection or grading certificate or report 
issued pursuant to Sec.  58.19, and not to exceed four copies thereof, 
shall immediately upon issuance be delivered or mailed to the applicant 
or person designated by him. One copy shall be filed in the inspection 
and grading office serving the area in which the service was performed 
and all other copies shall be filed in such manner as the Administrator 
may approve. Additional copies of any such certificate or report may be 
supplied to any interested party as provided in Sec.  58.41.



Sec.  58.21  Advance information.

    Upon request of an applicant, all or part of the contents of any 
inspection or grading certificate or report issued to such applicant may 
be telephoned or telegraphed to him, or to any person designed by him, 
at applicant's expense.

       Appeal Inspection or Grading and Reinstatement of Regrading



Sec.  58.22  When appeal inspection or grading may be requested.

    (a) An application for an appeal inspection or grading may be made 
by any interested party who is dissatisfied with any determination 
stated in any inspection or grading certificate or report if the 
identity of the samples or the product has not been lost; or the 
conditions under which inspection service was performed have not 
changed. Such application for appeal inspection or grading shall be made 
within 2 days following the day on which the service was performed. Upon 
approval by the Administrator, the time within which an application for 
an appeal grading may be made may be extended.

[[Page 104]]

    (b) An appeal inspection shall be limited to a review of the 
sampling procedure and in analysis of the official sample used, when, as 
a result of the original inspection, the commodity was found to be 
contaminated with filthy, putrid, and decomposed material. If it is 
determined that the sampling procedures were improper, a new sample 
shall be obtained.



Sec.  58.23  How to obtain appeal inspection or grading.

    Appeal inspection or grading may be obtained by filing a request 
therefore, (a) with the Administrator, (b) with the inspector or grader 
who issued the inspection or grading certificate or report with respect 
to which the appeal service is requested, or (c) with the supervisor of 
such inspector or grader. The application for appeal inspection or 
grading shall state the reasons therefore, and may be accompanied by a 
copy of the aforesaid inspection or grading certificate or report or any 
other information the applicant may have secured regarding the product 
or the service from which the appeal is requested. Such application may 
be made orally (in person or by telephone), in writing, or by telegraph. 
If made orally, written confirmation may be required.



Sec.  58.24  Record of filing time.

    A record showing the date and hour when each such application for 
appeal inspection or grading is received shall be maintained in such 
manner as the Administrator may prescribe.



Sec.  58.25  When an application for appeal inspection or grading may be 
refused.

    The Administrator may refuse an application for an appeal inspection 
or grading when (a) the quality or condition of the products has 
undergone a material change since the time of original service, (b) the 
identical products inspected or graded cannot be made accessible for 
reinspection or regrading, (c) the conditions under which inspection 
service was performed have changed, (d) it appears that the reasons for 
an appeal inspection or grading are frivolous or not substantial, or (e) 
the Act or this part have not been complied with. The applicant shall be 
promptly notified of the reason for such refusal.



Sec.  58.26  When an application for an appeal inspection or grading may 
be withdrawn.

    An application for appeal inspection or grading may be withdrawn by 
the applicant at any time before the appeal inspection or grading is 
made upon payment, by the applicant, of all expenses incurred by AMS in 
connection with such application.



Sec.  58.27  Order in which appeal inspections or gradings are performed.

    Appeal inspections or gradings shall be performed, insofar as 
practicable, in the order in which applications therefor are received; 
and any such application may be given precedence pursuant to Sec.  
58.17.



Sec.  58.28  Who shall make appeal inspections or gradings.

    An appeal inspection or grading of any product or service shall be 
made by any inspector or grader (other than the one from whose service 
the appeal is made) designated for this purpose by the Administrator; 
and, whenever practical, such appeal inspection or grading shall be 
conducted jointly by two such inspectors or graders.



Sec.  58.29  Appeal inspection or grading certificate or report.

    Immediately after an appeal inspection or grading has been 
completed, an appeal inspection or grading certificate or report shall 
be issued showing the results of the inspection or grading. Such 
certificate or report shall thereupon supersede the previous certificate 
or report and will be effective retroactive to the date of the previous 
certificate or report. Each appeal certificate or report shall clearly 
set forth the number and the date of the previous certificate or report 
which it supersedes. The provisions of Sec. Sec.  58.18 through 58.21 
shall, whenever applicable, also apply to appeal certificates or reports 
except that copies shall be furnished each interested party of record.

[[Page 105]]



Sec.  58.30  Application for reinspection or regrading.

    An application for the reinspection or regrading of any previously 
inspected or graded product may be made at any time by any interested 
party; and such application shall clearly indicate the reasons for 
requesting the reinspection or regrading. The provisions of the 
regulations in this subpart relative to inspection or grading service 
shall apply to reinspection or regrading service.



Sec.  58.31  Reinspection or regrading certificate or report.

    Immediately after a reinspection or regrading has been completed, a 
reinspection or a regrading certificate or report shall be issued 
showing the results of such reinspection or regrading; and such 
certificate or report shall thereupon supersede, as of the time of 
issuance, the inspection or grading certificate or report previously 
issued. Each reinspection or regrading certificate or report shall 
clearly set forth the number and date of the inspection or grading 
certificate or report that it supersedes. The provisions of Sec. Sec.  
58.18 through 58.21 shall, whenever applicable, also apply to 
reinspection or regrading certificates or reports except that copies 
shall be furnished each interested party of record.



Sec.  58.32  Superseded certificates or reports.

    When any inspection or grading certificate or report is superseded 
in accordance with this part, such certificate or report shall become 
null and void and, after the effective time of the supersedure, shall no 
longer represent the class, grade, quality, quantity, or condition 
described therein. If the original and all copies of such superseded 
certificate or report are not returned to the inspector or grader 
issuing the reinspection or regrading or appeal inspection or grading 
certificate or report, the inspector or grader shall notify such persons 
as he considers necessary to prevent fraudulent use of the superseded 
certificate or report.

                   Licensing of Inspectors or Graders



Sec.  58.33  Who may be licensed.

    Any person processing proper qualifications, as determined by an 
examination for competency, held at such time and in such manner as may 
be prescribed by the Administrator, may be licensed to perform specified 
inspection or grading service. Each license issued shall be signed by 
the Administrator.

[53 FR 20278, June 3, 1988]



Sec.  58.34  Suspension or revocation of license.

    For good cause and in instances of willful wrongdoing, the 
Administrator may suspend any license issued under the regulations in 
this subpart by giving notice of such suspension to the respective 
individual involved, accompanied by a statement of reasons therefor. 
Within 10 days after receipt of the aforesaid notice and statement of 
reasons by such individual, he may file an appeal in writing with the 
Administrator supported by any argument or evidence that he may wish to 
offer as to why his license should not be suspended or revoked. In 
conjunction therewith, he may request and, in such event, shall be 
accorded an oral hearing. After consideration of such argument and 
evidence, the Administrator will take such action as warranted with 
respect to such suspension or revocation. When no appeal is filed within 
the prescribed 10 days, the license is revoked.



Sec.  58.35  Surrender of license.

    Each license which is suspended or revoked shall be surrendered 
promptly by the licensee to his supervisor. Upon termination of the 
services of a licensee, the license shall be surrendered promptly by the 
licensee to his supervisor.



Sec.  58.36  Identification.

    Each licensee shall have his license card in his possession at all 
times while performing any function under the regulations in this 
subpart and shall identify himself by such card upon request.

[[Page 106]]



Sec.  58.37  Financial interest of licensees.

    No licensee shall render service on any product in which he is 
financially interested.

                            Fees and Charges



Sec.  58.38  Payment of fees and charges.

    (a) Fees and charges for any inspection or grading service shall be 
paid by the interested party, making the application for such service, 
in accordance with the applicable provisions of this section and 
Sec. Sec.  58.39 through 58.46 and, if so required by the inspector or 
grader, such fees and charges shall be paid in advance.
    (b) Fees and charges for any inspection or grading service performed 
by any inspector or grader who is a salaried employee of the Department 
shall, unless otherwise required pursuant to paragraph (c) of this 
section, be paid by the interested party making application for such 
inspection or grading service by check, draft, or money order payable to 
the Agricultural Marketing Service and remitted promptly to the office 
indicated on the bill.
    (c) Fees and charges for any inspection or grading service under a 
cooperative agreement with any State or person shall be paid in 
accordance with the terms of the cooperative agreement by the interested 
party making application for the service.



Sec.  58.39  Fees for holiday or other nonworktime.

    If an applicant requests that inspection or grading service be 
performed on a holiday, Saturday, or Sunday or in excess of each 8-hour 
shift Monday through Friday, he shall be charged for such service at a 
rate of 1\1/2\ times the rate which would be applicable for such service 
if performed during normal working hours.



Sec.  58.40  Fees for appeal inspection or grading.

    The fees to be charged for any appeal inspection or grading shall be 
double the fees specified on the inspection or grading certificate from 
which the appeal is taken: Provided, That the fee for any appeal grading 
requested by any agency of the U.S. Government shall be the same as set 
forth in the certificate from which the appeal is taken. If the result 
of any appeal inspection or grading discloses that a material error was 
made in the inspection or grading appealed from, no fee shall be 
required.



Sec.  58.41  Fees for additional copies of certificates.

    Additional copies of any inspection or grading certificates 
(including takeoff certificates), other than those provided for in Sec.  
58.20 may be supplied to any interested party upon payment of a fee 
based on time required to prepare such copies at the hourly rate 
specified in Sec.  58.43.

[54 FR 15167, Apr. 17, 1989]



Sec.  58.42  Travel expenses and other charges.

    Charges shall be made to cover the cost of travel and other expenses 
incurred by AMS in connection with the performance of any inspection or 
grading service.

[53 FR 20278, June 3, 1988]



Sec.  58.43  Fees for inspection, grading, and sampling.

    Except as otherwise provided in Sec. Sec.  58.38 through 58.46, 
charges shall be made for inspection, grading, and sampling service at 
the hourly rate of $56.00 for service performed between 6:00 a.m. and 
6:00 p.m. and $61.60 for service performed between 6:00 p.m. and 6:00 
a.m., for the time required to perform the service calculated to the 
nearest 15-minute period, including the time required for preparation of 
certificates and reports and the travel time of the inspector or grader 
in connection with the performance of the service. A minimum charge of 
one-half hour shall be made for service pursuant to each request or 
certificate issued.

[62 FR 66258, Dec. 18, 1997]



Sec.  58.45  Fees for continuous resident services.

    Irrespective of the fees and charges provided in Sec. Sec.  58.39 
and 58.43, charges for the inspector(s) and grader(s) assigned to a 
continuous resident program shall be made at the rate of $51.00 per hour 
for services performed during the assigned tour of duty. Charges for

[[Page 107]]

service performed in excess of the assigned tour of duty shall be made 
at a rate of 1\1/2\ times the rate stated in this section.

[62 FR 66258, Dec. 18, 1997]



Sec.  58.46  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.

               Marking, Branding, and Identifying Product



Sec.  58.49  Authority to use official identification.

    Whenever the Administrator determines that the granting of authority 
to any person to package any product, inspected or graded pursuant to 
this part, and to use official identification, pursuant to Sec. Sec.  
58.49 through 58.57, will not be inconsistent with the Act and this 
part, he may authorize such use of official identification. Any 
application for such authority shall be submitted to the Administrator 
in such form as he may require.



Sec.  58.50  Approval and form of official identification.

    (a) Any package label or packaging material which bears any official 
identification shall be used only in such manner as the Administrator 
may prescribe, and such official identification shall be of such form 
and contain such information as the Administrator may require. No label 
or packaging material bearing official identification shall be used 
unless finished copies or samples thereof have been approved by the 
Administrator.
    (b) Inspection or grade mark permitted to be used to officially 
identify packages containing dairy products which are inspected or 
graded pursuant to this part shall be contained in a shield in the form 
and design indicated in Figures 1, 2, and 3 of this section or such 
other form, design, or wording as may be approved by the Administrator.
[GRAPHIC] [TIFF OMITTED] TC25SE91.014

[GRAPHIC] [TIFF OMITTED] TC25SE91.015

[GRAPHIC] [TIFF OMITTED] TC25SE91.016


The official identification illustrated in Figure 1 is designed for use 
on graded product packed under USDA inspection. Figure 2 is designed for 
graded product processed and packed under USDA inspection. Figure 3 is 
designated for inspected product (when U.S. standards for grades are not 
established) processed and packed under USDA quality control service. 
The official identification shall be printed on the package label, on 
the carton or on the wrapper and, preferably, on one of the main panels 
of the carton or wrapper. The shield identification shall be not less 
than \3/4\ inch by \3/4\ inch in size, and preferably 1 inch by 1 inch 
on 1-pound cartons or wrappers. Consideration will be given by the 
Administrator of a smaller shield on special packages where the size of 
the label does not permit use of the \3/4\ inch by \3/4\ inch shield.
    (c) Official identification under this subpart shall be limited to 
U.S. Grade

[[Page 108]]

B or higher or to an equivalent standard of quality for U.S. name grades 
or numerical score grades when U.S. standards for grades of a product 
have not been established.
    (d) A sketch, proof, or photocopy of each proposed label or 
packaging material bearing official identification shall be submitted to 
the Chief of the Dairy Inspection Branch, Poultry and Dairy Quality 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, Washington, DC 20250, for review and tentative approval 
prior to acquisition of a supply of material.
    (e) The firm packaging the product shall furnish to the Chief four 
copies of the printed labels and packaging materials bearing official 
identification for final approval prior to use.

(60 Stat. 1087, 7 U.S.C. 1621 et seq.; 84 Stat. 1620, 21 U.S.C. 1031 et 
seq.)

[37 FR 22363, Oct. 19, 1972, as amended at 39 FR 987, Jan. 4, 1974. 
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.  58.51  Information required on official identification.

    Each official identification shall conspicuously indicate the U.S. 
grade of the product it identifies, if there be a grade, or such other 
appropriate terminology as may be approved by the Administrator. Also, 
it shall include the appropriate phrase: ``Officially graded,'' 
``Officially Inspected,'' or ``Federal-State graded.'' When required by 
the Administrator, the package label, carton, or wrapper bearing 
official identification for dairy products shall be stamped or 
perforated with the date packed and the certificate number or a code 
number to indicate lot and date packed. Such coding shall be made 
available to and approved by the Administrator.



Sec.  58.52  Time limit for packaging inspected or graded products with 
official identification.

    Any lot of butter which is graded for packaging with official grade 
identification shall be packaged within 10 days immediately following 
the date of grading, and any lot of natural cheese or dry milk shall be 
packaged within 30 days immediately following date of grading provided 
the product is properly stored during the 10- or 30-day period. Time 
limit for packaging other inspected or graded products shall be as 
approved by the Administrator. If inspected or graded product is moved 
to another location, a reinspection or regrading shall be required.

    Prerequisites to Packaging Products With Official Identification



Sec.  58.53  Supervisor of packaging required.

    The official identification of any inspected or graded product, as 
provided in Sec. Sec.  58.50 through 58.52, this section, and Sec. Sec.  
58.54 through 58.57, shall be done only under the supervision of a 
supervisor of packaging. The authority to use official identification 
may be granted by the Administrator only to applicants who utilize the 
services of a supervisor of packaging in accordance with this subpart. 
The supervisor of packaging shall have jurisdiction over the use and 
handling of all packaging material bearing any official identification.



Sec.  58.54  Packing and packaging room and equipment.

    Each applicant who is granted authority to package any product with 
official identification and who operates, for such purpose, a packaging 
room shall maintain the room and the equipment therein in accordance 
with this part.



Sec.  58.55  Facilities for keeping quality samples.

    Each applicant granted authority, as aforesaid, to package product 
with official identification shall provide and maintain suitable 
equipment for the purpose of incubating samples of product.



Sec.  58.56  Incubation of product samples.

    (a) Samples of product may be taken from any lot of product which is 
submitted for inspection or grading and packaging with official 
identification, or sample may be taken after packaging for the purpose 
of determining in accordance with provisions of this part if such 
product possesses satisfactory keeping quality.

[[Page 109]]

    (b) Samples of product may be taken for keeping quality tests in 
accordance with provisions of this part from any lot of product 
submitted for inspection or grading. Issuance of the inspection or 
grading certificate may be withheld pending completion of the tests.



Sec.  58.57  Product not eligible for packaging with official identification.

    (a) When a lot of inspected or graded product shows unsatisfactory 
keeping quality, other lots from the same manufacturing plant shall not 
be packaged with official identification. Packaging with official 
identification may be resumed only when it is determined that product 
from such plant possesses satisfactory keeping quality.
    (b) Any manufacturing or processing plant supplying product, 
directly or indirectly, for packaging with official identification shall 
be surveyed and approved for inspection or grading service.

                               Violations



Sec.  58.58  Debarment of service.

    (a) The following acts or practices, or the causing thereof, may be 
deemed sufficient cause for the debarment, by the Administrator, of any 
person, including any agents, officers, subsidiaries, or affiliates of 
such person, from any or all benefits of the Act for a specified period. 
The rules of practice governing withdrawal of inspection and grading 
services in formal adjudicatory proceedings instituted by the Secretary 
(7 CFR, part 1, subpart H) shall be applicable to such debarment action.
    (1) Fraud or misrepresentation. Any willful misrepresentation or 
deceptive or fraudulent practice or act found to be made or committed by 
any person in connection with:
    (i) The making or filing of any application for any inspection or 
grading service, appeal reinspection, or regrading service;
    (ii) The making of the product accessible for inspection or grading 
service;
    (iii) The making, issuing, or using or attempting to issue or use 
any inspection or grading certificate issued pursuant to the regulations 
in this subpart or the use of any official stamp, label, or 
identification;
    (iv) The use of the terms ``United States,'' ``U.S.,'' ``Officially 
graded,'' ``Officially Inspected,'' ``Federal-State graded,'' or 
``Government graded,'' or terms of similar import in the labeling or 
advertising of any product without stating in conjunction therewith the 
official U.S. grade of the product; or
    (v) The use of any of the aforesaid terms or an official stamp, 
label, or identification in the labeling or advertising of any product 
that has not been inspected or graded pursuant to this part.
    (2) Use of facsimile form. Using or attempting to use a form which 
simulates in whole or in part any official identification for the 
purpose of purporting to evidence the U.S. grade of any product; or the 
unauthorized use of a facsimile form which simulates in whole or in part 
any official inspection or grading certificate, stamp, label, or other 
official inspection mark; and
    (3) Mislabeling. The use of any words, numerals, letters, or 
facsimile form which simulates in whole or in part any identification 
purporting to be a grade when such product does not comply with any 
recognized standards in general use for such grade, and such activity 
may be deemed sufficient cause for debarring such person from any or all 
benefits of the Act.
    (4) Willful violation of the regulations in this subpart. Willful 
violation of the provisions in this part or the Act, or the instructions 
or specifications issued thereunder.
    (5) Interfering with an inspector or grader. Any interference with 
or obstruction or any attempted interference or obstruction of any 
inspector or grader in the performance of his duties by intimidation, 
threat, bribery, assault, or other improper means.
    (b) [Reserved]

(60 Stat. 1087, 7 U.S.C. 1621 et seq.; 84 Stat. 1620, 21 U.S.C. 1031 et 
seq.)

[37 FR 22363, Oct. 19, 1972. 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]

[[Page 110]]

                              Miscellaneous



Sec.  58.61  Political activity.

    All inspectors or 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 activities 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.



Sec.  58.62  Report of violations.

    Each inspector, grader, and supervisor of packaging shall report, in 
the manner prescribed by the Administrator, all violations and 
noncompliances under the Act and this part of which such inspector, 
grader, or supervisor of packaging has knowledge.



Sec.  58.63  Other applicable regulations.

    Compliance with the provisions in this part shall not excuse failure 
to comply with any other Federal, or any State, or municipal applicable 
laws or regulations.



Sec.  58.64  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 58, subpart A, by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act of 1980, 
Pub. L. 96-511.

------------------------------------------------------------------------
                                                             Current OMB
       7 CFR section where requirements are described        control No.
------------------------------------------------------------------------
58.8(a)(b).................................................    0581-0126
58.9.......................................................    0581-0126
58.14......................................................    0581-0126
58.23......................................................    0581-0126
58.30......................................................    0581-0126
58.33......................................................    0581-0126
58.49......................................................    0581-0126
58.50(d)(e)................................................    0581-0126
58.51......................................................    0581-0126
58.122(b)..................................................    0581-0126
------------------------------------------------------------------------


[49 FR 6881, Feb. 24, 1984]



  Subpart B_General Specifications for Dairy Plants Approved for USDA 
                    Inspection and Grading Service\1\
---------------------------------------------------------------------------

    \1\ Compliance with these standards does not excuse failure to 
comply with the provisions of the Federal Food, Drug, and Cosmetic Act, 
Environmental Protection Act, or applicable laws and regulations of any 
State or Municipality.

    Source: 40 FR 47911, Oct. 10, 1975, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                               Definitions



Sec.  58.100  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 58, subpart B, by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act of 1980, 
Pub. L. 96-511.

------------------------------------------------------------------------
                                                             Current OMB
       7 CFR section where requirements are described        control No.
------------------------------------------------------------------------
58.139.....................................................    0581-0110
58.148.....................................................    0581-0110
58.441.....................................................    0581-0110
------------------------------------------------------------------------


[49 FR 6881, Feb. 24, 1984; as amended at 61 FR 67448, Dec. 23, 1996]



Sec.  58.101  Meaning of words.

    For the purpose of the regulations of this subpart, words in the 
singular form shall be deemed to impart the plural and vice versa, as 
the case may demand. Unless the context otherwise requires, the 
following terms shall have the following meaning:
    (a) Act. The applicable provisions of the Agricultural Marketing Act 
of 1946 (60 Stat. 1087, as amended; (7 U.S.C. 1621-1627)), or any other 
Act of Congress conferring like authority.

[[Page 111]]

    (b) Administrator. The Administrator of the Agricultural Marketing 
Service or any other officer or employee of the Agricultural Marketing 
Service 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.
    (c) Approved laboratory. A laboratory in which the facilities and 
equipment used for official testing have been approved by the 
Administrator as being adequate to perform the necessary official tests 
in accordance with this part, and operates under a USDA surveillance 
program as set forth by the Administrator.
    (d) Approved plant. One or more adjacent buildings, or parts 
thereof, comprising a single plant at one location in which the 
facilities and methods of operation therein have been surveyed and 
approved by the Administrator as suitable and adequate for inspection or 
grading service in accordance with the following:
    (1) Shall satisfactorily meet the specifications of this subpart as 
determined by the Administrator.
    (2) Receive dairy products only from plants, transfer stations, 
receiving stations and cream buying stations which satisfactorily comply 
with the applicable requirements of this subpart as determined by the 
Administrator. (Occasional shipments may be received from nonapproved 
plants provided the product is tested and meets the quality requirements 
for No. 2 milk.)
    (e) Sanitizing treatment. Subjection of a clean product contact 
surface to steam, hot water, hot air, or an acceptable sanitizing 
solution for the destruction of most human pathogens and other 
vegetative microorganisms to a level considered safe for product 
production. Such treatment shall not adversely affect the equipment, the 
milk or the milk product, or the health of consumers. Sanitizing 
solutions shall comply with 21 CFR 178.1010.
    (f) Resident service. Inspection or grading service performed at a 
dairy manufacturing plant or grading station by an inspector or grader 
assigned to the plant or station on a continuous basis.
    (g) Dairy products. Butter, cheese (whether natural or processed), 
skim milk, cream, whey or buttermilk (whether dry, evaporated, 
stabilized or condensed), frozen desserts and any other food product 
which is prepared or manufactured in whole or in part from any of the 
aforesaid products, as the Administrator may hereafter designate.
    (h) Grader. Any employee of the Department authorized by the 
Administrator or any other person to whom a license has been issued by 
the Administrator 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.
    (i) Inspector. Any employee of the Department authorized by the 
Administrator or any other person to whom a license has been issued by 
the Administrator to inspect and certify quality, quantity and condition 
of products, observe the manufacturing, processing, packaging and 
handling of dairy products, and to perform dairy plant surveys in 
accordance with the regulations of this part.
    (j) Inspection or grading service. Means in accordance with this 
part, the act of (1) drawing samples of any product; (2) determining the 
class, grade, quality, composition, size, quantity, condition, or 
wholesomeness of any product by examining each unit or representative 
samples; (3) determining condition of product containers; (4) 
identifying any product or packaging material by means of official 
identification; (5) regrading or appeal grading of a previously graded 
product; (6) inspecting dairy plant facilities, equipment, and 
operations; such as, processing, manufacturing, packaging, repackaging, 
and quality control; (7) supervision of packaging inspected or graded 
product; (8) reinspection or appeal inspection; and (9) issuing an 
inspection or grading certificate or sampling, inspection, or other 
report related to any of the foregoing.
    (k) Milk. The term milk shall include the following:
    (1) Milk is the lacteal secretion, practically free from colostrum, 
obtained by the complete milking of one or more healthy cows. The cows 
shall be located in a Modified Accredited Area,

[[Page 112]]

an Accredited Free State, or an Accredited Free Herd for tuberculosis as 
determined by the Department. In addition, the cows shall be located in 
States meeting Class B status or Certified-Free Herds or shall be 
involved in a milk ring testing program or blood testing program under 
the current USDA Brucellosis Eradication Uniform Methods and Rules.
    (2) Goat milk is the lacteal secretion, practically free from 
colostrum, obtained by the complete milking of one or more healthy 
goats. The goats shall be located in States meeting the current USDA 
Uniform Methods and Rules for Bovine Tuberculosis Eradication or an 
Accredited Free Goat Herd. Goat milk shall only be used to manufacture 
dairy products that are legally provided for in 21 CFR or recognized as 
non-standardized traditional products normally manufactured from goats 
milk.
    (l) Official identification. Official identification is provided for 
use on product packed under USDA inspection. Any package label or 
packaging material which bears any official identification shall be used 
only in such manner as the Administrator may prescribe, and such 
official identification shall be of such form and contain such 
information as the Administrator may require.
    (m) Official Methods of Analysis of the Association of Official 
Analytical Chemists. ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' a publication of the Association of 
Official Analytical Chemists International, 481 North Frederick Avenue, 
Suite 500, Gaithersburg, MD 20877-2417.
    (n) Pasteurization (Pasteurized). Pasteurization shall mean that 
every particle of product shall have been heated in properly operated 
equipment to one of the temperatures specified in the table and held 
continuously at or above that temperature for at least the specified 
time (or other time/temperature relationship equivalent thereto in 
microbial destruction):

                             Fluid Products
------------------------------------------------------------------------
               Temperature                              Time
------------------------------------------------------------------------
145 [deg]F (vat pasteurization)..........  30 minutes.
161 [deg]F (high temperature short time    15 seconds.
 pasteurization).
191 [deg]F (higher heat shorter time       1.0 second.
 pasteurization).
194 [deg]F (higher heat shorter time       0.5 second.
 pasteurization).
201 [deg]F (higher heat shorter time       0.1 second.
 pasteurization).
204 [deg]F (higher heat shorter time       .05 second.
 pasteurization).
212 [deg]F (higher heat shorter time       .01 second.
 pasteurization).
------------------------------------------------------------------------


  Products Having Dairy Ingredients With a Fat Content of 10 Percent or
                    More, or Contain Added Sweeteners
150 [deg]F...............................  30 minutes.
166 [deg]F...............................  15 seconds.
 


                           Frozen Dessert Mix
155 [deg]F...............................  30 minutes.
175 [deg]F...............................  25 seconds.
 


                   Condensed Milk To Be Repasteurized
166 [deg]F...............................  15 seconds.
 

    (o) Plant survey. An appraisal of a plant to determine the extent to 
which facilities, equipment, method of operation, and raw material being 
received are in accordance with the provisions of this part. The survey 
shall be used to determine suitability of the plant for USDA inspection 
or grading service.
    (p) Plant status. The extent to which a plant complies with this 
subpart shall be determined under procedures as set forth by the 
Administrator.
    (q) Producer. The person or persons who exercise control over the 
production of the milk delivered to a processing plant or receiving 
station and who receive payment for this product.
    (r) Quality control. The inspection of the quality of the raw 
material and the conditions relative to the preparation of the product 
from its raw state through each step in the entire process. It includes 
the inspection of conditions under which the product is prepared, 
processed, manufactured, packed and stored. In addition, assistance and 
guidance is offered to improve the raw milk quality, processing methods, 
quality, stability, and packaging and handling of the finished product.
    (s) Regulations. The term ``regulations'' means the provisions 
contained in this part.

[[Page 113]]

    (t) Shall. Expresses a provision that is mandatory.
    (u) Should. Expresses recommended nonmandatory provisions which when 
followed would significantly aid in a quality improvement program.
    (v) Standard Methods for the Examination of Dairy Products. 
``Standard Methods for the Examination of Dairy Products,'' a 
publication of the American Public Health Association, 1015 Fifteenth 
Street, NW Washington, D.C. 20005.
    (w) 3-A Sanitary Standards and Accepted Practice. The latest 
standards for dairy equipment and accepted practices formulated by the 
3-A Sanitary Standards Committees representing the International 
Association for Food Protection, the Food and Drug Administration, and 
the Dairy Industry Committee. Published by the International Association 
for Food Protection, 6200 Aurora Avenue, Suite 200 W, Des Moines, Iowa 
50322-2863.
    (x) USDA or Department. Means the United States Department of 
Agriculture.
    (y) Receiving Station. Any place, premise, or establishment where 
milk or dairy products are received, collected or handled for transfer 
to a processing or manufacturing plant.
    (z) Transfer station. Any place, premise, or establishment where 
milk or dairy products are transferred directly from one transport tank 
to another.
    (aa) Corrosion-resistant. Those materials that maintain their 
original surface characteristics under prolonged influence of the 
product to be contacted, cleaning compounds and sanitizing solutions, 
and other conditions of the environment in which used.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 50 
FR 34672, Aug. 27, 1985; 58 FR 42413, Aug. 9, 1993; 59 FR 24321, May 10, 
1994; 59 FR 50121, Sep. 30, 1994; 67 FR 48974, July 29, 2002]

                                 Purpose



Sec.  58.122  Approved plants under USDA inspection and grading service.

    (a) Adoption of certain sound practices at dairy plants will 
significantly aid the operators to manufacture more consistently, 
uniform high-quality stable dairy products. Only dairy products 
manufactured, processed and packaged in an approved plant may be graded 
or inspected and identified with official identification. The 
specifications established herein provide the basis for a quality 
maintenance program which may be effectively carried forward through 
official inspection, grading, and quality control service.
    (b) USDA inspection and grading service is provided to dairy product 
manufacturing plants on a voluntary basis. The operator of any dairy 
plant desiring to have such a plant qualified as an approved plant under 
USDA inspection and grading service may request surveys of such plant, 
premises, equipment, facilities, methods of operation, and raw material 
to determine whether they are adequate to permit inspection and grading 
service. The cost of this survey shall be borne by the applicant.

                             Approved Plants



Sec.  58.123  Survey and approval.

    Prior to the approval of a plant, a designated representative of the 
Administrator shall make a survey of the plant, premises, storage 
facilities, equipment and raw material, volume of raw material processed 
daily, and facilities for handling the products at the plant. The survey 
shall be made at least twice a year to determine whether the facilities, 
equipment, method of operation, and raw material being received are 
adequate and suitable for USDA inspection and grading service in 
accordance with the provisions of this part. To be eligible for approval 
a plant shall satisfactorily meet the specifications of this subpart as 
determined by the Administrator.



Sec.  58.124  Denial or suspension of plant approval.

    Plant approval may be denied or suspended if a determination is made 
by a designated representative of the Administrator that the plant is 
not performing satisfactorily in regard to;
    (a) the classification of milk,
    (b) proper segregation and disposal of unwholesome raw materials or 
finished product,

[[Page 114]]

    (c) adequate facilities and condition of processing equipment,
    (d) sanitary conditions of plant and equipment,
    (e) control of insects, rodents and other vermin,
    (f) use of non-toxic product contact surfaces and prevention of 
adulteration of raw materials and products with chemicals or other 
foreign material,
    (g) proper operating procedures,
    (h) the maintenance of legal composition of finished products,
    (i) the manufacture of stable dairy products, of desirable keeping 
quality characteristics,
    (j) proper storage conditions for ingredients and dairy products, or
    (k) suitable and effective packaging methods and material.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48974, July 29, 2002]

         Premises, Buildings, Facilities, Equipment and Utensils



Sec.  58.125  Premises.

    (a) The premises shall be kept in a clean and orderly condition, and 
shall be free from strong or foul odors, smoke, or excessive air 
pollution. Construction and maintenance of driveways and adjacent plant 
traffic areas should be of cement, asphalt, or similar material to keep 
dust and mud to a minimum.
    (b) Surroundings. The immediate surroundings shall be free from 
refuse, rubbish, overgrown vegetation, and waste materials to prevent 
harborage of rodents, insects and other vermin.
    (c) Drainage. A suitable drainage system shall be provided which 
will allow rapid drainage of all water from plant buildings and 
driveways, including surface water around the plant and on the premises, 
and all such water shall be disposed of in such a manner as to prevent 
an environmental or health hazard.



Sec.  58.126  Buildings.

    The building or buildings shall be of sound construction and shall 
be kept in good repair to prevent the entrance or harboring of rodents, 
birds, insects, vermin, dogs, and cats. All service pipe openings 
through outside walls shall be effectively sealed around the opening or 
provided with tight metal collars.
    (a) Outside doors, windows, openings, etc. All openings to the outer 
air including doors, windows, skylights and transoms shall be 
effectively protected or screened against the entrance of flies and 
other insects, rodents, birds, dust and dirt. All outside doors opening 
into processing rooms shall be in good condition and fit propperly. All 
hinged, outside screen doors shall open outward. All doors and windows 
should be kept clean and in good repair. Outside conveyor openings and 
other special-type outside openings shall be effectively protected to 
prevent the entrance of flies and rodents, by the use of doors, screens, 
flaps, fans or tunnels. Outside openings for sanitary pipelines shall be 
covered when not in use. On new construction window sills should be 
slanted downward at approximately a 45[deg] angle.
    (b) Walls, ceilings, partitions and posts. The walls, ceilings, 
partitions, and posts of rooms in which milk, or dairy products are 
processed, manufactured, handled, packaged or stored (except dry storage 
of packaged finished products and supplies) or in which utensils are 
washed and stored, shall be smoothly finished with a suitable material 
of light color, which is substantially impervious to moisture and kept 
clean. They shall be refinished as often as necessary to maintain a 
neat, clean surface. For easier cleaning new construction should have 
rounded cove at the juncture of the wall and floor in all receiving, 
pasteurizing, manufacturing, packaging and storage rooms.
    (c) Floors. The floors of all rooms in which milk, or dairy products 
are processed, manufactured, packaged or stored or in which utensils are 
washed shall be constructed of tile properly laid with impervious joint 
material, concrete, or other equally impervious material. The floors 
shall be smooth, kept in good repair, graded so that there will be no 
pools of standing water or milk products after flushing, and all 
openings to the drains shall be equipped with traps properly constructed 
and kept in good repair. On new construction, bell and standpipe type 
traps shall not be used. The

[[Page 115]]

plumbing shall be so installed as to prevent the back-up of sewage into 
the drain lines and to the floor of the plant. Cold storage rooms used 
for storage of product and starter rooms need not be provided with floor 
drains if the floor is sloped to drain to an exit.

Sound, smooth, wood floors which can be kept clean, may be used in rooms 
where new containers and supplies and certain packaged finished products 
are stored.
    (d) Lighting and ventilation. (1) Light shall be ample, natural or 
artificial, or both, of good quality and well distributed. All rooms in 
which dairy products are manufactured or packaged or where utensils are 
washed shall have at least 30 foot-candles of light intensity on all 
working surfaces. Rooms where dairy products are graded or examined for 
condition and quality shall have at least 50 foot-candles of light 
intensity on the working surface. Restrooms and locker rooms should have 
at least 30 foot-candles of light intensity. In all other rooms there 
shall be provided at least 5 foot-candles of light intensity when 
measured at a distance of 30 inches from the floor. Where contamination 
of product by broken glass is possible, light bulbs and fluorescent 
tubes shall be protected against breakage.
    (2) There shall be adequate heating, ventilation or air conditioning 
for all rooms and compartments to permit maintenance of sanitary 
conditions. Exhaust or inlet fans, vents, hoods or temperature and 
humidity control equipment shall be provided where and when needed, to 
minimize or control room temperatures, eliminate objectionable odors, 
and aid in prevention of moisture condensation and mold. Inlet fans 
should be provided with an adequate air filtering device to eliminate 
dirt and dust from the incoming air. Ventilation systems shall be 
cleaned periodically as needed and maintained in good repair. Exhaust 
outlets shall be screened or provided with self closing louvers to 
prevent the entrance of insects when not in use.
    (e) Rooms and compartments. Rooms and compartments in which any raw 
material, packaging, ingredient supplies or dairy products are handled, 
manufactured, packaged or stored shall be so designed, constructed and 
maintained as to assure desirable room temperatures and clean and 
orderly operating conditions free from objectionable odors and vapors. 
Enclosed bulk milk receiving rooms, when present, shall be separated 
from the processing rooms by a wall. Rooms for receiving can milk shall 
be separated from the processing rooms by a partition or by suitable 
arrangement of equipment. Processing rooms shall be kept free from 
equipment and materials not regularly used.
    (1) Coolers and freezers. Coolers and freezers where dairy products 
are stored shall be clean, reasonably dry and maintained at the proper 
uniform temperature and humidity to adequately protect the product, and 
minimize the growth of mold. Adequate circulation of air shall be 
maintained at all times. They shall be free from rodents, insects, and 
pests. Shelves shall be kept clean and dry. Refrigeration units shall 
have provisions for collecting and disposing of condensate.
    (2) Supply room. The supply rooms or areas used for the storing of 
packaging materials; containers, and miscellaneous ingredients shall be 
kept clean, dry, orderly, free from insects, rodents, and mold, and 
maintained in good repair. Such items stored therein shall be adequately 
protected from dust, dirt, or other extraneous material and so arranged 
on racks, shelves or pallets to permit access to the supplies and 
cleaning and inspection of the room. Insecticides, rodenticides, 
cleaning compounds and other nonfood products shall be properly labeled 
and segregated, and stored in a separate room or cabinet away from milk, 
dairy products, ingredients or packaging supplies.
    (3) Boiler rooms, shop rooms and shop areas. The boiler, and shop 
rooms shall be separated from other rooms where milk, and dairy products 
are processed, manufactured, packaged, handled or stored. Shop rooms or 
areas should be kept orderly and reasonably free from dust and dirt.
    (4) Toilet and dressing rooms. Adequate toilet and dressing room 
facilities shall be conveniently located.
    (i) Toilet rooms shall not open directly into any room in which milk 
or

[[Page 116]]

dairy products are processed, manufactured, packaged or stored; doors 
shall be self-closing; ventilation shall be provided by mechanical means 
to the outer air; fixtures shall be kept clean and in good repair.
    (ii) All employees shall be furnished with a locker or other 
suitable facility and the lockers and dressing rooms shall be kept clean 
and orderly. Adequate handwashing facilities shall be provided. Legible 
signs shall be posted conspicuously in each toilet or dressing room 
directing employees to wash their hands before returning to work.
    (5) Laboratory. (i) Consistent with the size and type of plant and 
the volume of dairy products manufactured, an adequately equipped 
laboratory shall be maintained and properly staffed with qualified and 
trained personnel for quality control and analytical testing. The 
laboratory should be located reasonably close to the processing activity 
and be of sufficient size to perform tests necessary in evaluating the 
quality of raw and finished products.
    (ii) Approved laboratories shall be supervised by the USDA resident 
inspector in all aspects of official testing and in reporting results. 
Plant laboratory personnel in such plants may be authorized by USDA to 
perform official duties. The AMS Science and Technology Programs will 
provide independent auditing of laboratory analysis functions.
    (iii) An approved central control laboratory serving more than one 
plant may be acceptable, if conveniently located to the dairy plants, 
and if samples and results can be transmitted without undue delay.
    (6) Starter facilities. Adequate facilities shall be provided for 
the handling of starter cultures. The facilities shall not be located 
near areas where contamination is likely to occur.
    (7) Grading and inspection room. When grading or inspection of 
product is performed the plants shall furnish a room or designated area 
specifically for this purpose. The room or area shall be suitably 
located, sufficient in size, well lighted (see Sec.  58.126d), 
ventilated and the temperature shall be not less than 60 [deg]F. It 
shall be kept clean and dry, free from foreign odors and reasonably free 
from disturbing elements which would interfere with proper concentration 
by the grader or inspector. The grading or inspection room or area shall 
be equipped with a table or desk and convenient facilities for washing 
hands.
    (8) Resident inspector's facilities. In resident plants, an office 
or space shall be provided for official purposes. The room or space 
should be conveniently located in or near the approved laboratory, 
adequate in size, and equipped with desk and a lockable storage supply 
cabinet, and clothes locker. It shall be well lighted, ventilated or air 
conditioned, and heated. Custodial service shall be furnished on a 
regular basis.
    (9) Lunch rooms and eating areas. When these areas are provided, 
they (i) shall be kept clean and orderly, (ii) should not open directly 
into any room in which milk or dairy products are processed, 
manufactured or packaged, and (iii) signs shall be posted directing 
employees to wash their hands before returning to work.

[40 FR 47911, Oct. 10, 1975. 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; 59 FR 24321, May 10, 1994; 59 FR 50121, Sept. 
30, 1994; 67 FR 48974, July 29, 2002]



Sec.  58.127  Facilities.

    (a) Water supply. There shall be an ample supply of both hot and 
cold water of safe and sanitary quality, with adequate facilities for 
its proper distribution throughout the plant, and protected against 
contamination. Water from other facilities, when officially approved, 
may be used for boiler feed water and condenser water provided that such 
water lines are completely separated from the water lines carrying the 
sanitary water supply, and the equipment is so constructed and 
controlled as to preclude contamination of product contact surfaces. 
There shall be no cross connection between potable water lines and non-
potable water lines or between public and private water supplies. 
Bacteriological examinations shall be made of the plant's sanitary water 
supply taken at the plant at least twice a year, or as often as 
necessary to determine safety and suitability as related to product

[[Page 117]]

keeping quality for use in manufactured products shall be made by a USDA 
or State agency laboratory except for supplies that are regularly tested 
for purity and bacteriological quality, and approved by the local health 
officer. The results of all water tests shall be kept on file at the 
plant for which the test was performed.

The location, construction, and operation of any well shall comply with 
regulations of the appropriate agency.
    (b) Drinking-water facilities. Drinking-water facilities of a 
sanitary type shall be provided in the plant and should be conveniently 
located.
    (c) Hand-washing facilities. Convenient hand-washing facilities 
shall be provided, including hot and cold running water, soap or other 
detergents, and sanitary single service towels or air driers. Such 
accommodations shall be located in or adjacent to toilet and dressing 
rooms and also at such other places in the plant as may be essential to 
the cleanliness of all personnel handling products. Vats for washing 
equipment or utensils shall not be used as hand-washing facilities. 
Containers shall be provided for used towels and other wastes. The 
containers may be metal or plastic, disposable or reuseable and should 
have self-closing covers.
    (d) Steam. Steam shall be supplied in sufficient volume and pressure 
for satisfactory operation of each applicable piece of equipment. 
Culinary steam used in direct contact with milk or dairy products shall 
be free from harmful substances or extraneous material and only those 
boiler water additives that meet the requirements of 21 CFR 173.310 
shall be used, or a secondary steam generator shall be used in which 
soft water is converted to steam and no boiler compounds are used. Steam 
traps, strainers, and condensate traps shall be used wherever applicable 
to insure a satisfactory and safe steam supply. Culinary steam shall 
comply with the 3-A Accepted Practices for a Method of Producing Steam 
of Culinary Quality, number 609. This document is available from the 
International Association for Food Protection, 6200 Aurora Avenue, Suite 
200 W, Des Moines, Iowa 50322-2863.
    (e) Air under pressure. The method for supplying air under pressure, 
which comes in contact with milk or dairy products or any product 
contact surface shall comply with the 3-A Accepted Practices for 
Supplying Air Under Pressure.
    (f) Disposal of wastes. Dairy wastes shall be properly disposed of 
from the plant and premises consistent with requirements imposed by the 
Environmental Protection Act. The sewer system shall have sufficient 
slope and capacity to readily remove all waste from the various 
processing operations. Where a public sewer is not available, all wastes 
shall be properly disposed of so as not to contaminate milk equipment or 
to create a nuisance or public health hazard. Containers used for the 
collection and holding of wastes shall be constructed of metal, plastic, 
or other equally impervious material and kept covered with tight fitting 
lids. Waste shall be stored in an area or room in a manner to protect it 
from flies and vermin. Solid wastes shall be disposed of regularly and 
the containers cleaned before reuse. Accumulation of dry waste paper and 
cardboard shall be kept to a minimum and disposed of in a manner that is 
environmentally acceptable.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48974, July 29, 2002]



Sec.  58.128  Equipment and utensils.

    (a) General construction, repair and installation. The equipment and 
utensils used for the processing of milk and manufacture of dairy 
products shall be constructed to be readily demountable where necessary 
for cleaning and sanitizing. The product contact surfaces of all 
utensils and equipment such as holding tanks, pasteurizers, coolers, 
vats, agitators, pumps, sanitary piping and fittings or any specialized 
equipment shall be constructed of stainless steel, or other materials 
which under conditions of intended use are as equally corrosion 
resistant. Non-metallic parts other than glass having product contact 
surfaces shall comply with 3-A Sanitary Standards for Plastic or Rubber 
and Rubber-Like Materials. Equipment and utensils used for cleaning

[[Page 118]]

shall be in an acceptable condition, such as not rusty, pitted or 
corroded. All equipment and piping shall be designed and installed so as 
to be easily accessible for cleaning, and shall be kept in good repair, 
free from cracks and corroded surfaces. New or rearranged equipment, 
shall be set away from any wall or spaced in such a manner as to 
facilitate proper cleaning and to maintain good housekeeping. All parts 
or interior surfaces of equipment, pipes (except certain piping cleaned-
in-place) or fittings, including valves and connections shall be 
accessible for inspection. Milk and dairy product pumps shall be of a 
sanitary type and easily dismantled for cleaning or shall be of 
specially approved construction to allow effective cleaning in place.

All C.I.P. systems shall comply with the 3-A Accepted Practices for 
Permanently Installed Sanitary Product, Pipelines and Cleaning Systems.
    (b) Weigh cans and receiving tanks. Weigh cans and receiving tanks 
shall comply with the 3-A Sanitary Standards for Weigh Cans and 
Receiving Tanks for Raw Milk and shall be easily accessible for cleaning 
both inside and outside and shall be elevated above the floor and 
protected sufficiently with the necessary covers or baffles to prevent 
contamination from splash, condensate and drippage. Where necessary to 
provide easy access for cleaning of floors and adjacent wall areas, the 
receiving tank shall be equipped with wheels or casters to allow easy 
removal.
    (c) Can washers. Can washers shall have sufficient capacity and 
ability to discharge a clean dry can and cover and shall be kept 
properly timed in accordance with the instructions of the manufacturer. 
They should be equipped with proper temperature controls on the wash and 
rinse tanks and the following additional devices: Prerinse jet, wash 
tank solution feeder, can sanitizing attachment, forced air vapor 
exhaust, and removable air filter on drying chamber. The water and steam 
lines supplying the washer shall maintain a reasonably uniform pressure 
and if necessary be equipped with pressure regulating valves. The steam 
pressure to the can washer should be not less than 80 pounds, and the 
temperature of the wash and final rinse solution should be automatically 
controlled and not exceed 140 [deg]F.
    (d) Product storage tanks or vats. Storage tanks or vats shall be 
fully enclosed or tightly covered and well insulated. The entire 
interior surface, agitator and all appurtenances shall be accessible for 
thorough cleaning and inspection. Any opening at the top of the tank or 
vat including the entrance of the shaft shall be suitably protected 
against the entrance of dust, moisture, insects, oil or grease. The 
sight glasses, if used, shall be sound, clear, and in good repair. Vats 
which have hinged covers shall be easily cleaned and shall be so 
designed that moisture, or dust on the surface cannot enter the vat when 
the covers are raised. If the storage tanks or vats are equipped with 
air agitation, the system shall be of an approved type and properly 
installed in accordance with the 3-A Accepted Practices for Supplying 
Air Under Pressure. Storage tanks or vats intended to hold product for 
longer than approximately 8 hours shall be equipped with adequate 
refrigeration and/or have adequate insulation. New or replacement 
storage tanks or vats shall comply with the appropriate 3-A Sanitary 
Standards for Storage Tanks for Milk and Milk Products or Sanitary 
Standards for Silo-Type Storage Tanks for Milk and Milk Products and 
shall be equipped with thermometers in good operating order.
    (e) Separators. All product contact surfaces of separators shall be 
free from rust and pits and insofar as practicable shall be of stainless 
steel or other equally noncorrosive metals.
    (f) Coil or dome type batch pasteurizers. Coil or dome type batch 
pasteurizers shall be stainless steel lined and if the coil is not 
stainless steel or other equally noncorrosive metal it shall be properly 
tinned over the entire surface. Sanitary seal assemblies at the shaft 
ends of coil vats shall be of the removable type, except that existing 
equipment not provided with this type gland will be acceptable if the 
packing glands are maintained and operated without adverse effects. New 
or replacement units shall be provided with removable packing glands. 
Dome type pasteurizer agitators shall be stainless steel except

[[Page 119]]

that any non-metallic parts shall comply with 3-A Sanitary Standards for 
Plastic or Rubber and Rubberlike Materials, as applicable. Each 
pasteurizer used for heating product at a temperature of 5 [deg]F. or 
more above the minimum pasteurization temperature need not have the 
airspace heater. It shall be equipped with an airspace thermometer to 
insure a temperature at least 5 [deg]F. above that required for 
pasteurization of the product. There shall be adequate means of 
controlling the temperature of the heating medium, Batch pasteurizers 
shall have temperature indicating and recording devices.
    (g) Short time pasteurizing systems. When pasteurization is intended 
or required, an approved timing pump or device, recorder-controller, 
automatic flow diversion valve and holding tube or its equivalent, if 
not a part of the existing equipment, shall be installed on all such 
equipment used for pasteurization, to assure complete pasteurization. 
The entire facility shall comply with the 3-A Accepted Practices for the 
Sanitary Construction, Installation, Testing and Operation of High 
Temperature Short Time Pasteurizers. After the unit has been tested 
according to the 3-A Accepted Practices, the timing pump or device and 
the recorder controller shall be sealed at the correct setting to assure 
pasteurization. The system should be rechecked semi-annually to assure 
continued compliance with the 3-A Accepted Practices. Sealing and 
rechecking of the unit shall be performed by the control authority 
having jurisdiction. When direct steam pasteurizers are used, the steam, 
prior to entering the product, shall be conducted through a steam 
strainer and a steam purifier equipped with a steam trap and only steam 
meeting the requirements for culinary steam shall be used.
    (h) Thermometers and recorders--(1) Indicating thermometers. (i) 
Long stem indicating thermometers which are accurate within 0.5 [deg]F., 
plus or minus, for the applicable temperature range, shall be provided 
for checking the temperature of pasteurization and cooling of products 
in vats and checking the accuracy of recording thermometers.
    (ii) Short stem indicating thermometers, which are accurate within 
0.5 [deg]F., plus or minus, for the applicable temperature range, shall 
be installed in the proper stationary position in all pasteurizers. 
Storage tanks where temperature readings are required shall have 
thermometers which are accurate within 2.0 [deg]F., plus or minus.
    (iii) Air space indicating thermometers, where applicable, which are 
accurate within 1.0 [deg]F., plus or minus, for the proper temperature 
range shall also be installed above the surface of the products 
pasteurized in vats, to make certain that the temperature of the foam 
and/or air above the products pasteurized also received the required 
minimum temperature treatment.
    (2) Recording thermometers. (i) Recording thermometers that are 
accurate within 1 [deg]F., plus or minus, for the applicable temperature 
range, shall be used on each heat treating, pasteurizing or thermal 
processing unit to record the heating process.
    (ii) Additional use of recording thermometers accurate within 2 
[deg]F., plus or minus may be required where a record of temperature or 
time of cooling and holding is of significant importance.
    (iii) Recorder charts shall be marked to show date and plant 
identification, reading of the indicating thermometer at a particular 
referenced reading point on the recording chart, amount and name of 
product, product temperature at which the ``cut-in'' and ``cut-out'' 
function, record of the period in which flow diversion valve is in 
forward-flow position, signature or initials of operator.
    (i) Surface coolers. Surface coolers shall be equipped with hinged 
or removable covers for the protection of the product. The edges of the 
fins shall be so designed as to divert condensate on nonproduct contact 
surfaces away from product contact surfaces. All gaskets or swivel 
connections shall be leak proof.
    (j) Plate type heat exchangers. Plate type heat exchanger shall 
comply with the 3-A Sanitary Standards Plate Type Heat Exchangers for 
Milk and Milk Products. All gaskets shall be tight and kept in good 
operating order. Plates shall be opened for inspection by the operator 
at sufficiently frequent

[[Page 120]]

intervals to determine if the equipment is clean and in satisfactory 
condition. A cleaning regimen should be posted to insure proper cleaning 
procedures between inspection periods.
    (k) Internal return tubular heat exchangers. Internal return tubular 
heat exchangers shall comply with the 3-A Sanitary Standards for 
Internal Return Tubular Heat Exchangers for Use with Milk and Milk 
Products.
    (l) Pumps. Pumps used for milk, and dairy products shall be of the 
sanitary type and constructed to comply with 3-A Sanitary Standards for 
Pumps for Milk and Milk Products. Unless pumps are specifically designed 
for effective cleaning-in-place they shall be disassembled and 
thoroughly cleaned after use.
    (m) Scales. All scales shall comply with National Bureau of 
Standards Handbook 44. (Latest revision).
    (1) Small capacity scales shall be capable of the following 
accuracy, and shall be graduated in no higher than one ounce 
graduations. (This table taken from the presently effective 1973 
revision.)

------------------------------------------------------------------------
                                                      Minimum tolerance
                                                   ---------------------
                                                      Ounces     Pounds
------------------------------------------------------------------------
Load in pounds:
 0 to 4 inclusive.................................     \1/32\      0.002
 5 to 10 inclusive................................     \1/16\       .004
 11 to 20 inclusive...............................      \1/8\       .008
 21 to 30 inclusive...............................     \3/16\       .012
 31 to 50 inclusive...............................      \1/2\       .031
 51 to 500 inclusive..............................      \3/4\       .047
------------------------------------------------------------------------

    (2) Large capacity scales shall be capable of the following 
accuracy, and shall be graduated in no higher than \1/4\ pound 
graduations for scales of capacity of up to 250 pounds; \1/2\ pound 
graduations for scales above 250 pounds capacity.

(This table taken from the presently effective 1973 revision.)

------------------------------------------------------------------------
                                                      Minimum tolerance
                                                   ---------------------
                                                      Ounces     Pounds
------------------------------------------------------------------------
Load in pounds:
  101 to 150 inclusive............................     1\1/4\      0.078
  151 to 250 inclusive............................          2       .125
  251 to 500 inclusive............................          4       .250
  501 to 1000 inclusive...........................          8       .500
  1001 to 2500 inclusive..........................  .........        1.0
------------------------------------------------------------------------


Compliance shall be determined by the appropriate regulatory authority.
    (n) Homogenizers. Homogenizers and high pressure pumps of the 
plunger type shall comply with the 3-A Sanitary Standards for 
Homogenizers and Pumps of the Plunger Type and shall be disassembled and 
thoroughly cleaned after use.
    (o) New replacement or modified equipment, processing system, or 
utensils. All new, replacement, or modified equipment and all processing 
systems, cleaning systems, utensils, or replacement parts shall comply 
with the most current, appropriate 3-A Sanitary Standards or 3-A 
Accepted Practices. If 3-A Sanitary Standards or 3-A Accepted Practices 
are not available, such equipment and replacements shall meet the 
general criteria of this section and the USDA Guidelines for the 
Sanitary Design and Fabrication of Dairy Processing Equipment available 
from USDA, Agricultural Marketing Service, Dairy Programs, Dairy Grading 
Branch, or by accessing the Internet at www.ams.gov/dairy/grade.htm.
    (p) Vacuumizing equipment. The vacuum chamber, as used for flavor 
control, shall be made of stainless steel or other equally corrosion 
resistant metal. The unit shall be constructed to facilitate cleaning 
and all product contact surfaces shall be accessible for inspection. 
Vacuum chambers located on the pasteurized side of the unit shall be 
isolated by means of a vacuum breaker and a positive activated check 
valve on the product inlet side and a vacuum breaker and a positive 
activated check valve on the discharge side. If direct steam is used, it 
should also be equipped with a ratio controller to regulate the 
composition when applicable to the finished product. Only steam which 
meets the requirements for culinary steam shall be used. The incoming 
steam supply shall be regulated by an automatic solenoid valve which 
will cut off the steam supply in the event the flow diversion valve of 
the pasteurizer is not in the forward flow position. Condensers when 
used shall be equipped with a water level control and an automatic 
safety shutoff valve.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48974, July 29, 2002]

[[Page 121]]

                    Personnel, Cleanliness and Health



Sec.  58.129  Cleanliness.

    All employees shall wash their hands before beginning work and upon 
returning to work after using toilet facilities, eating, smoking or 
otherwise soiling their hands. They shall keep their hands clean and 
follow good hygienic practices while on duty. Expectorating or use of 
tobacco in any form shall be prohibited in each room and compartment 
where any milk, dairy products, or supplies are prepared, stored or 
otherwise handled. Clean white or light-colored washable or disposable 
outer garments and caps (paper caps, hard hats, or hair nets acceptable) 
shall be worn to adequately protect the hair and beards when grown by 
all persons engaged in receiving, testing, processing milk, 
manufacturing, packaging or handling dairy products.



Sec.  58.130  Health.

    No person afflicted with a communicable disease shall be permitted 
in any room or compartment where milk and dairy products are prepared, 
manufactured or otherwise handled. No person who has a discharging or 
infected wound, sore or lesion on hands, arms or other exposed portion 
of the body shall work in any dairy processing rooms or in any capacity 
resulting in contact with milk, or dairy products. Each employee whose 
work brings him in contact with the processing or handling of dairy 
products, containers or equipment should have a medical and physical 
examination by a registered physician or by the local department of 
health at the time of employment. An employee returning to work 
following illness from a communicable disease shall have a certificate 
from the attending physician to establish proof of complete recovery.

             Protection and Transport of Raw Milk and Cream



Sec.  58.131  Equipment and facilities.

    (a)(1) Milk cans. Cans used in transporting milk from dairy farm to 
plant shall be of such construction (preferably seamless with umbrella 
lids) as to be easily cleaned, and shall be inspected, repaired, and 
replaced as necessary to exclude substantially the use of cans and lids 
with open seams, cracks, rust, milkstone, or any unsanitary condition. 
Adequate provisions should be made so that milk in cans will be cooled 
immediately after milking to 50 [deg]F. or lower unless delivered to the 
plant within two hours after milking.
    (2) Farm bulk tanks. Farm bulk tanks shall comply with 3-A Sanitary 
Standards for Farm Cooling and Holding Tanks or 3-A Sanitary Standards 
for Farm Milk Storage Tanks, as applicable. They shall be installed in a 
milk house in accordance with the requirements of the regulatory agency 
in jurisdiction. The bulk cooling tanks shall be designed and equipped 
with refrigeration to permit the cooling of the milk to 40 [deg]F. or 
lower within two hours after milking, and maintain it at 45 [deg]F. or 
below until picked up.
    (b)(1) Receiving stations. Receiving stations shall comply with the 
applicable sections of this subpart covering premises, buildings, 
facilities, equipment, utensils, personnel, cleanliness and health.
    (2) Transfer stations. Transfer stations shall comply with the 
applicable sections of this subpart covering premises, floors, lighting, 
water supply, hand-washing facilities, disposal of wastes, general 
construction, repair and installation of equipment, piping and utensils 
and personnel--cleanliness and health. As climatic and operating 
conditions require the transfer station shall comply with the applicable 
sections for walls, ceilings, doors and windows.
    (3) Cream stations. Cream stations shall provide adequate protection 
and facilities for the handling, transferring and cooling of farm 
separated cream. The area shall be large enough to avoid undue crowding 
with a normal volume of business and shall be separated from other areas 
and the outside by self closing, tight fitting doors. All openings shall 
be screened during fly season. The floor, walls and ceiling shall be of 
satisfactory construction, in good repair and kept clean. Lighting and 
ventilation shall meet the requirements of Sec.  58.126(d). Cooling 
facilities shall be provided to cool the cream to 50 [deg]F. or lower 
unless shipped within 8

[[Page 122]]

hours after receipt. Facilities shall be provided to wash, sanitize and 
store cans and equipment used in the operation. The cream should not be 
more than 4 days old when picked up for delivery to the processing 
plant.
    (c)(1) Transporting milk or cream. Vehicles used for the 
transportation of can milk or cream shall be of the enclosed type, 
constructed and operated to protect the product from extreme 
temperature, dust, or other adverse conditions and they shall be kept 
clean. Decking boards or racks shall be provided where more than one 
tier of cans is carried. Cans or vehicles used for the transportation of 
milk from the farm to the plant shall not be used for transporting skim 
milk, buttermilk, or whey to producers.
    (2) Transport tanks. The exterior shell shall be clean and free from 
open seams or cracks which would permit liquid to enter the jacket. The 
interior shell shall be stainless steel and so constructed that it will 
not buckle, sag or prevent complete drainage. All product contact 
surfaces shall be smooth, easily cleaned and maintained in good repair. 
The pump and hose cabinet shall be fully enclosed with tight fitting 
doors and the inlet and outlet shall be provided with dust covers to 
give adequate protection from road dust. Tank manholes should be 
equipped with an adequate filtering system during loading and unloading. 
New and replacement transport tanks shall comply with 3-A Sanitary 
Standards for Stainless Steel Automotive Milk and Milk Products 
Transportation Tanks for Bulk Delivery and/or Farm Pick-up Service.
    (3) Facilities for cleaning and sanitizing. Enclosed or covered 
facilities (as climatic conditions require) shall be available for 
washing and sanitizing of transport tanks, piping, and accessories, at 
central locations or at all plants that receive or ship milk or milk 
products in transport tanks.
    (d) Transfer of milk to transport tank. Milk shall be transferred 
under sanitary conditions from farm bulk tanks through stainless steel 
piping or approved tubing. The sanitary piping and tubing shall be 
capped when not in use.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48975, July 29, 2002]

                   Quality Specifications for Raw Milk



Sec.  58.132  Basis for classification.

    The quality classification of raw milk for manufacturing purposes 
from each producer shall be based on an organoleptic examination for 
appearance and odor, a drug residue test, and quality control tests for 
sediment content, bacterial estimate and somatic cell count. All milk 
received from producers shall not exceed the Food and Drug 
Administration's established limits for pesticide, herbicide and drug 
residues. Producers shall be promptly notified of any shipment or 
portion thereof of their milk that fails to meet any of these quality 
specifications.

[58 FR 26912, May 6, 1993]'



Sec.  58.133  Methods for quality and wholesomeness determination.

    (a) Appearance and odor. The appearance of acceptable raw milk shall 
be normal and free of excessive coarse sediment when examined visually 
or by an acceptable test procedure. The milk shall not show any abnormal 
condition (including, but not limited to, curdled, ropy, bloody or 
mastitic condition), as indicated by sight or other test procedures. The 
odor shall be fresh and sweet. The milk shall be free from objectionable 
feed and other off-odors that adversely affect the finished product.
    (b) Somatic cell count. (1) A laboratory examination to determine 
the level of somatic cells shall be made at least four times in each 6-
month period at irregular intervals on milk received from each patron.
    (2) A screening test may be conducted on goat herd milk. When a goat 
herd screening sample test exceeds either of the following results, a 
confirmatory test identified in paragraph (b)(3) of this section shall 
be conducted.

[[Page 123]]

    (3) Milk shall be tested for somatic cell content by using one of 
the following procedures or by any other method approved by Standard 
Methods for the Examination of Dairy Products (confirmatory test for 
somatic cells in goat milk):
    (i) Direct Microscopic Somatic Cell Count (Single Strip Procedure). 
Pyronin Y-methyl green stain or ``New York'' modification shall be used 
as the confirmatory test for goat's milk.
    (ii) Electronic Somatic Cell Count (particle counter).
    (iii) Electronic Somatic Cell Count (fluorescent dye).
    (4) The somatic cell test identified in paragraph (b)(3) of this 
section shall be considered as the official results.
    (5) Whenever the official test indicates the presence of more than 
750,000 somatic cells per ml. (1,000,000 per ml. for goat milk), the 
following procedures shall be applied:
    (i) The producer shall be notified with a warning of the excessive 
somatic cell count.
    (ii) Whenever two out of the last four consecutive somatic cell 
counts exceed 750,000 per ml. (1,000,000 per ml. for goat milk), the 
appropriate State regulatory authority shall be notified and a written 
notice given to the producer. This notice shall be in effect as long as 
two of the last four consecutive samples exceed 750,000 per ml. 
(1,000,000 per ml. for goat milk).
    (6) An additional sample shall be taken after a lapse of 3 days but 
within 21 days of the notice required in paragraph (b)(5)(ii) of this 
section. If this sample also exceeds 750,000 per ml. (1,000,000 per ml. 
for goat milk), subsequent milkings shall not be accepted for market 
until satisfactory compliance is obtained. Shipment may be resumed and a 
temporary status assigned to the producer by the appropriate State 
regulatory agency when an additional sample of herd milk is tested and 
found satisfactory. The producer may be assigned a full reinstatement 
status when three out of four consecutive somatic cell count tests do 
not exceed 750,000 per ml. (1,000,000 per ml. for goat milk). The 
samples shall be taken at a rate of not more than two per week on 
separate days within a 3-week period.
    (c) Drug residue level. (1) USDA-approved plants shall not accept 
for processing any milk testing positive for drug residue. All milk 
received at USDA-approved plants shall be sampled and tested prior to 
processing for beta lactam drug residue. When directed by the regulatory 
agency, additional testing for other drug residues shall be performed. 
Samples shall be analyzed for beta lactams and other drug residues by 
methods that have been independently evaluated or evaluated by the Food 
and Drug Administration (FDA) and that have been accepted by the (FDA) 
as effective to detect drug residues at current safe or tolerance 
levels. Safe and tolerance levels for particular drugs are established 
by the FDA and can be obtained from the U.S. Food and Drug 
Administration Center for Food Safety and Applied Nutrition, 200 C 
Street SW., Washington, DC 20204.
    (2) Individual producer milk samples for beta lactam drug residue 
testing shall be obtained from each milk shipment as follows:
    (i) Milk in farm bulk tanks. A sample shall be taken at each farm 
and shall include milk from each farm bulk tank.
    (ii) Milk in cans. A sample shall be formed separately at the 
receiving plant for each can milk producer included in a delivery, and 
shall be representative of all milk received from the producer.
    (3) Load milk samples for beta lactam drug residue testing shall be 
obtained from each milk shipment as follows:
    (i) Milk in bulk milk pickup tankers. A sample shall be taken from 
the bulk milk pickup tanker after its arrival at the plant and prior to 
further commingling.
    (ii) Milk in cans. A sample representing all of the milk received on 
a shipment shall be formed at the plant, using a sampling procedure that 
includes milk from every can on the vehicle.
    (4) Follow-up to positive-testing samples. (i) When a load sample 
tests positive for drug residue, the appropriate State regulatory agency 
shall be notified immediately of the positive test result and of the 
intended disposition

[[Page 124]]

of the shipment of milk containing the drug residue.
    (ii) Each individual producer sample represented in the positive-
testing load sample shall be singly tested to determine the producer of 
the milk sample testing positive for drug residue. Identification of the 
producer responsible for producing the milk testing positive for drug 
residue, and details of the final disposition of the shipment of milk 
containing the drug residue, shall be reported immediately to the 
appropriate agency.
    (iii) Milk shipment from the producer identified as the source of 
milk testing positive for drug residue shall cease immediately and may 
resume only after a sample from a subsequent milking does not test 
positive for drug residue.

[50 FR 34672, Aug. 27, 1985, as amended at 58 FR 26912, May 6, 1993; 67 
FR 48975, July 29, 2002]



Sec.  58.134  Sediment content.

    (a) Method of testing. Methods for determining the sediment content 
of the milk of individual producers shall be those described in the 
latest edition of Standard Methods for the Examination of Dairy 
Products. Sediment content shall be based on comparison with applicable 
charts of the United States Sediment Standards for Milk and Milk 
Products, available from USDA, AMS, Dairy Programs, Dairy 
Standardization Branch.
    (b) Sediment content classification. Milk shall be classified for 
sediment content, regardless of the results of the appearance and odor 
examination required in Sec.  58.133(a), as follows:

                         USDA Sediment Standard

    No. 1 (acceptable)--not to exceed 0.50 mg. or equivalent.
    No. 2 (acceptable)--not to exceed 1.50 mg. or equivalent.
    No. 3 (probational, not over 10 days)--not to exceed 2.50 mg. or 
equivalent.
    No. 4 (reject)--over 2.50 mg. or equivalent.
    (c) Frequency of tests. At least once each month, at irregular 
intervals, the milk from each producer shall be tested as follows:
    (1) Milk in cans. One or more cans of milk selected at random from 
each producer.
    (2) Milk in farm bulk tanks. A sample shall be taken from each farm 
bulk tank.
    (d) Acceptance or rejection of milk. If the sediment disc is 
classified as No. 1, No. 2, or No. 3 the producer's milk may be 
accepted. If the sediment disc is classified No. 4 the milk shall be 
rejected: Provided that, If the shipment of milk is commingled with 
other milk in a transport tank the next shipment shall not be accepted 
until its quality has been determined before being picked up; however, 
if the person making the test is unable to get to the farm before the 
next shipment it may be accepted but no further shipments shall be 
accepted unless the milk meets the requirements of No. 3 or better. In 
the case of milk classified as No. 3 or No. 4, if in cans, all cans 
shall be tested. Producers of No. 3 or No. 4 milk (cans or bulk) shall 
be notified immediately and shall be furnished applicable sediment discs 
and the next shipment shall be tested.
    (e) Retests. On test of the next shipment (if in cans, all cans 
shall be tested) milk classified as No. 1, No. 2, or No. 3 may be 
accepted, but No. 4 milk shall be rejected. Retests of bulk milk 
classified as No. 4 shall be made before pickup. The producers of No. 3 
or No. 4 milk shall be notified immediately, furnished applicable 
sediment discs and the next shipment tested.
This procedure of retesting successive shipments and accepting 
probational (No. 3) milk and rejecting No. 4 milk may be continued for 
not more than 10 calendar days. If at the end of this time all of the 
producer's milk does not meet the acceptable sediment content 
classification (No. 1 or No. 2), it shall be rejected.

[40 FR 47911, Oct. 10, 1975, Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 50 
FR 34673, Aug. 27, 1985; 67 FR 48975, July 29, 2002]



Sec.  58.135  Bacterial estimate.

    (a) Methods of Testing. Milk shall be tested for bacterial estimate 
by using one of the following methods or by any other method approved by 
Standard Methods for the Examination of Dairy Products.
    (1) Direct Microscopic clump count;
    (2) Standard plate count;
    (3) Plate loop count;

[[Page 125]]

    (4) Pectin gel plate count;
    (5) Petrifilm aerobic count;
    (6) Spiral plate count;
    (7) Hydrophobic grid membrane filter count;
    (8) Impedance/conductance count;
    (9) Reflectance calorimetry.
    (b) Frequency of Testing. A laboratory examination to determine the 
bacterial estimate shall be made on a representative sample of each 
producer's milk at least once each month at irregular intervals. Samples 
shall be analyzed at a laboratory in accordance with State regulations.
    (c) Acceptance of milk. The following procedures shall be applied 
with respect to bacterial estimates:
    (1) Whenever the bacterial estimate indicates the presence of more 
than 500,000 bacteria per ml., the producer shall be notified with a 
warning of the excessive bacterial estimate.
    (2) Whenever two of the last four consecutive bacterial estimates 
exceed 500,000 per ml., the appropriate regulatory authority shall be 
notified and a written warning notice given to the producer. The notice 
shall be in effect so long as two out of the last four consecutive 
samples exceed 500,000 per ml.
    (3) An additional sample shall be taken after a lapse of 3 days but 
within 21 days of the notice required in paragraph (c) (2) of this 
section. If this sample also exceeds 500,000 per ml., subsequent 
milkings shall be excluded from the market until satisfactory compliance 
is obtained. Shipment may be resumed when an additional sample of herd 
milk is tested and found satisfactory.

[67 FR 48975, July 29, 2002]



Sec.  58.136  Rejected milk.

    A plant shall reject specific milk from a producer if the milk fails 
to meet the requirements for appearance and odor (Sec.  58.133(a)), if 
it is classified No. 4 for sediment content (Sec.  58.134), or if it 
tests positive for drug residue (Sec.  58.133(c)).

[58 FR 26913, May 6, 1993]



Sec.  58.137  Excluded milk.

    A plant shall not accept milk from a producer if:
    (a) The milk has been in a probational (No. 3) sediment content 
classification for more than 10 calendar days (Sec.  58.134);
    (b) Three of the last five milk samples have exceeded the maximum 
bacterial estimate of 500,000 per ml. (Sec.  58.135 (c)(3)).
    (c) Three of the last five milk samples have exceeded the maximum 
somatic cell count level of 750,000 per ml. (1,000,000 per ml. for goat 
milk) (Sec.  58.133 (b)(6)); or
    (d) The producer's milk shipments to either the Grade A or the 
manufacturing grade milk market currently are not permitted due to a 
positive drug residue test (Sec.  58.133(c)(4)).

[58 FR 26913, May 6, 1993, as amended at 67 FR 48975, July 29, 2002]



Sec.  58.138  Quality testing of milk from new producers.

    A quality examination and tests shall be made on the first shipment 
of milk from a producer shipping milk to a plant for the first time or 
resuming shipment to a plant after a period of non-shipment. The milk 
shall meet the requirements for acceptable milk, somatic cell count and 
drug residue level (Sec. Sec.  58.133, 58.134 and 58.135). The buyer 
shall also confirm that the producer's milk is currently not excluded 
from the market (Sec.  58.137). Thereafter, the milk shall be tested in 
accordance with the provisions in Sec. Sec.  58.133, 58.134 and 58.135.

[58 FR 26913, May 6, 1993]



Sec.  58.139  Record of tests.

    Accurate records listing the results of quality and drug residue 
tests for each producer shall be kept on file at the plant. 
Additionally, the plant shall obtain the quality and drug residue test 
records (Sec.  58.148(a), (e) and (g)) for any producer transferring 
milk shipment from another plant. These records shall be available for 
examination by the inspector.

[58 FR 26913, May 6, 1993]



Sec.  58.140  Field service.

    A representative of the plant shall arrange to promptly visit the 
farm of

[[Page 126]]

each producer whose milk tests positive for drug residue, exceeds the 
maximum somatic cell count level, or does not meet the requirements for 
acceptable milk. The purpose of the visit shall be to inspect the 
milking equipment and facilities and to offer assistance to improve the 
quality of the producer's milk and eliminate any potential causes of 
drug residues. A representative of the plant should routinely visit each 
producer as often as necessary to assist and encourage the production of 
high quality milk.

[58 FR 26913, May 6, 1993]



Sec.  58.141  Alternate quality control program.

    When a plant has in operation an acceptable quality program, at the 
producer level, which is approved by the Administrator as being 
effective in obtaining results comparable to or higher than the quality 
program as outlined above for milk or cream, then such a program may be 
accepted in lieu of the program herein prescribed.

                   Operations and Operating Procedures



Sec.  58.142  Product quality and stability.

    The receiving, holding and processing of milk and cream and the 
manufacturing, handling, packaging, storing and delivery of dairy 
products shall be in accordance with clean and sanitary methods, 
consistent with good commercial practices to promote the production of 
the highest quality of finished product and improve product stability. 
Milk should not be more than three days old when picked up from the 
producer and delivered to the plant, receiving station or transfer 
station.



Sec.  58.143  Raw product storage.

    (a) All milk shall be held and processed under conditions and at 
temperatures that will avoid contamination and rapid deterioration. Drip 
milk from can washers and any other source shall not be used for the 
manufacture of dairy products. Bulk milk in storage tanks within the 
dairy plant shall be handled in such a manner as to minimize bacterial 
increase and shall be maintained at 45 [deg]F. or lower until processing 
begins. This does not preclude holding milk at higher temperatures for a 
period of time, where applicable to particular manufacturing or 
processing practices.
    (b) The bacteriological quality of commingled milk in storage tanks 
shall not exceed 1,000,000/ml.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]



Sec.  58.144  Pasteurization or ultra-pasteurization.

    When pasteurization or ultra-pasteurization is intended or required, 
or when a product is designated ``pasteurized'' or ``ultra-pasteurized'' 
every particle of the product shall be subjected to such temperatures 
and holding periods in approved systems as will assure proper 
pasteurization or ultra-pasteurization of the product. The heat 
treatment by either process shall be sufficient to insure public health 
safety and to assure adequate keeping quality, yet retaining the most 
desirable flavor and body characteristics of the finished product.



Sec.  58.145  Composition and wholesomeness.

    All necessary precautions shall be taken to prevent contamination or 
adulteration of the milk or dairy products during manufacturing. All 
substances and ingredients used in the processing or manufacturing of 
any dairy product shall be subject to inspection and shall be wholesome 
and practically free from impurities. The finished products shall comply 
with the requirements of the Federal Food, Drug, and Cosmetic Act as to 
their composition and wholesomeness.



Sec.  58.146  Cleaning and sanitizing treatment.

    (a) Equipment and utensils. The equipment, sanitary piping and 
utensils used in receiving and processing of the milk, and manufacturing 
and handling of the product shall be maintained in a sanitary condition. 
Sanitary seal assemblies shall be removable on all agitators, pumps, and 
vats and shall be inspected at regular intervals and kept clean. Unless 
other provisions are recommended in the following supplement

[[Page 127]]

sections, all equipment not designed for C.I.P. cleaning or mechanical 
cleaning shall be disassembled after each day's use for thorough 
cleaning. Dairy cleaners, detergents, wetting agents or sanitizing 
agents, or other similar materials which will not contaminate or 
adversely affect the products may be used. Steel wool or metal sponges 
shall not be used in the cleaning of any dairy equipment or utensils.
    (1) Product contact surfaces shall be subjected to an effective 
sanitizing treatment prior to use, except where dry cleaning is 
permitted. Utensils and portable equipment used in processing and 
manufacturing operations shall be stored above the floor in clean, dry 
locations and in a self draining position on racks constructed of 
impervious corrosion-resistant material.
    (2) C.I.P. cleaning or mechanical cleaning systems shall be used 
only on equipment and pipeline systems which have been designed, 
engineered and installed for that purpose. When such cleaning is used, 
careful attention shall be given to the proper procedures to assure 
satisfactory cleaning. All C.I.P. installations and cleaning procedures 
shall be in accordance with 3-A Suggested Method for the Installation 
and Cleaning of Cleaned-In-Place Sanitary Milk Pipelines for Milk and 
Milk Products Plants. Because of the possibilities of corrosion, the 
recommendations of the cleaning compound manufacturer should be followed 
with respect to time, temperature and concentration of specific acid or 
alkaline solutions and bactericides. Such cleaning operation should be 
preceded by a thorough rinse at approximately 110-115 [deg]F. 
continuously discarding the water. Following the circulation of the 
cleaning solution the equipment and lines shall be thoroughly rinsed 
with lukewarm water and checks should be made for effectiveness of 
cleaning. All caps, plugs, special fittings, valve seats, cross ends, 
pumps, and tee ends shall be opened or removed and brushed clean. All 
non-pasteurized product contact surfaces should be sanitized. 
Immediately prior to starting the product flow, the pasteurized product 
contact surfaces shall be given sanitizing treatment.
    (b) Milk cans and can washers. Milk cans and lids shall be cleaned, 
sanitized and dried before returning to producers. Inspection, repair or 
replacement of cans and lids shall be adequate to substantially exclude 
from use cans and lids showing open seams, cracks, rust condition, 
milkstone or any unsanitary condition.

Washers shall be maintained in a clean and satisfactory operating 
condition and kept free from accumulation of scale or debris which will 
adversely affect the efficiency of the washer. Only washing compounds 
which are compatible with the water for effective cleaning, should be 
used. The can washer should be checked regularly during the run for 
proper operation. At the end of the day, the wash and rinse tanks should 
be drained and cleaned, jets and strainers cleaned, air filters checked 
and changed or cleaned if needed, and checks should be made for proper 
adjustment and condition of mechanical parts.
    (c) Milk transport tanks. A covered or enclosed wash dock and 
cleaning and sanitizing facilities shall be available to all plants that 
receive or ship milk in tanks. Milk transport tanks, sanitary piping, 
fittings, and pumps shall be cleaned and sanitized at least once each 
day after use: Provided that, if they are not to be used immediately 
after emptying a load of milk, they shall be washed promptly after use 
and given bactericidal treatment immediately before use. After being 
washed and sanitized, each tank should be identified by a tag attached 
to the outlet valve, bearing the following information: Plant and 
specific location where cleaned, date and time of day of washing and 
sanitizing, and name of person who washed and name of person who 
sanitized the tank. The tag shall not be removed until the tank is again 
washed and sanitized.
    (d) Building. All windows, glass, partitions, and skylights should 
be washed as often as necessary to keep them clean. Cracked or broken 
glass shall be replaced promptly. The walls, ceilings and doors should 
be washed periodically and kept free from soil and unsightly conditions. 
The shelves and ledges should be wiped or vac[chyph]uumed as often as 
necessary to keep them free

[[Page 128]]

from dust and debris. The material picked up by the vacuum cleaners 
shall be disposed of in sealed containers which will prevent 
contamination or insect infestation from the waste material.



Sec.  58.147  Insect and rodent control program.

    In addition to any commercial pest control service, if one is 
utilized, a specially designated employee should be made responsible for 
the performance of a regularly scheduled insect and rodent control 
program. Poisonous substances shall be properly labeled, and shall be 
handled, stored and used in such a manner as considered satisfactory by 
the Environmental Protection Agency.



Sec.  58.148  Plant records.

    Adequate plant records shall be maintained of all required tests and 
analyses performed in the laboratory or throughout the plant during 
storage, processing and manufacturing, on all raw milk receipts and 
dairy products. Such records shall be available for examination at all 
reasonable times by the inspector. The following are the records which 
shall be maintained for examination at the plant or receiving station 
where performed.
    (a) Sediment and bacterial test results on raw milk from each 
producer. Retain for 12 months.
    (1) Routine tests and monthly summary of all producers showing 
number and percent of total in each class.
    (2) Retests, if initial test places milk in probationary status.
    (3) Rejections of raw milk over No. 3 in quality.
    (b) Pasteurization recorder charts. Retain for 3 months.
    (c) Water supply test certificate. Retain current copy for 6 months.
    (d) Cooling and heating recorder charts. Retain for 3 months.
    (e) Load and individual drug residue test results. Retain for 12 
months.
    (f) Notifications to appropriate State regulatory agencies of 
positive drug residue tests and intended and final dispositions of milk 
testing positive for drug residue. Retain for 12 months.
    (g) Somatic cell count test results on raw milk from each producer. 
Retain for 12 months.

(Approved by the Office of Management and Budget under OMB control 
number 0583-0047) \1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See table appearing in Sec.  58.100 for correct 
OMB control number.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 
FR 745, Jan. 7, 1982; 58 FR 26913, May 6, 1993]



Sec.  58.149  Alternate quality control programs for dairy products.

    (a) When a plant has in operation an acceptable quality control 
program which is approved by the Administrator as being effective in 
obtaining results comparable to or higher than the quality control 
program as outlined in this subpart, then such a program may be accepted 
in lieu of the program herein prescribed.
    (b) Where a minimum number of samples per batch of product, or per 
unit of time on continuous production runs are not specified, the phrase 
``as many samples shall be taken as is necessary to assure compliance to 
specific quality requirements'' is used. Acceptable performance of this 
would be any method approved by the Administrator as meeting sound 
statistical methods of selecting samples and determining the number of 
samples to be taken.

                  Packaging and General Identification



Sec.  58.150  Containers.

    (a) The size, style, and type of packaging used for dairy products 
shall be commercially acceptable containers and packaging materials 
which will satisfactorily cover and protect the quality of the contents 
during storage and regular channels of trade and under normal conditions 
of handling.
    (b) Packaging materials for dairy products shall be selected which 
will provide sufficiently low permeability to air and vapor to prevent 
the formation of mold growth and surface oxidation. In addition, the 
wrapper should be

[[Page 129]]

resistant to puncturing, tearing, cracking or breaking under normal 
conditions of handling, shipping and storage. When special type 
packaging is used, the instructions of the manufacturer shall be 
followed closely as to its application and methods of closure.



Sec.  58.151  Packaging and repackaging.

    (a) Packaging dairy products or cutting and repackaging all styles 
of dairy products shall be conducted under rigid sanitary conditions. 
The atmosphere of the packaging rooms, the equipment and packaging 
materials shall be practically free from mold and bacterial 
contamination. Methods for checking the level of contamination shall be 
as prescribed by the latest edition of Standard Methods or by other 
satisfactory methods approved by the Administrator.
    (b) When officially graded bulk dairy products are to be repackaged 
into consumer type packages with official grade labels or other official 
identification, a supervisor of packaging shall be required, see subpart 
A of this part. (title 7, Sec. Sec.  58.2 and 58.53 of the Code of 
Federal Regulations). If the packaging or repackaging is done in a plant 
other than the one in which the dairy product is manufactured, the 
plant, equipment, facilities and personnel shall meet the same 
requirements as outlined in this subpart.



Sec.  58.152  General identification.

    All commercial bulk packages or consumer packaged product containing 
dairy products manufactured under the provisions of this subpart shall 
comply with the applicable regulation of the Food and Drug 
Administration.

                       Storage of Finished Product



Sec.  58.153  Dry storage.

    The product should be stored at least 18 inches from the wall in 
aisles, rows, or sections and lots, in such a manner as to be orderly 
and easily accessible for inspection. Rooms should be cleaned regularly. 
It is recommended that dunnage or pallets be used when practical. Care 
shall be taken in the storage of any other product foreign to dairy 
products in the same room, in order to prevent impairment or damage to 
the dairy product from mold, absorbed odors, or vermin or insect 
infestation. Control of humidity and temperature shall be maintained at 
all times, consistent with good commercial practices, to prevent 
conditions detrimental to the product and container.



Sec.  58.154  Refrigerated storage.

    Finished product in containers subject to such conditions that will 
affect its useability shall be placed on shelves, dunnage or pallets and 
properly identified. It shall be stored under temperatures that will 
best maintain the initial quality. The product shall not be exposed to 
anything from which it might absorb any foreign odors or be contaminated 
by drippage or condensation.

             Inspection, Grading and Official Identification



Sec.  58.155  Grading.

    Dairy products which have been processed or manufactured in 
accordance with the provisions of this subpart may be graded by the 
grader in accordance with the U.S. Standards for Grades. Laboratory 
analyses, when required in determining the final grade shall be 
conducted in an approved laboratory.



Sec.  58.156  Inspection.

    Dairy products, which have been processed or manufactured in an 
approved plant, and for which there are no official U.S. Standards for 
Grades, shall be inspected for quality by the inspector in accordance 
with contract requirements or product specifications established by the 
U.S. Department of Agriculture or other Federal agency or buyer and 
seller. Laboratory analysis when required shall be conducted in an 
approved laboratory.



Sec.  58.157  Inspection or grading certificates.

    All dairy products which have been processed or manufactured, 
packaged and inspected or graded in accordance with the provision of 
this part may be covered by an inspection or grading certificate issued 
by the inspector or grader.

[[Page 130]]



Sec.  58.158  Official identification.

    (a) Application for authority to apply official identification to 
packaging material or containers shall be made in accordance with the 
provisions of subpart A of this part. (title 7, Sec. Sec.  58.49 through 
58.57 of the Code of Federal Regulations.)
    (b) Only dairy products received, processed, or manufactured in 
accordance with the specifications contained in this subpart and 
inspected and/or graded in accordance with the provisions of this part 
may be identified with official identification.

                          Explanation of Terms



Sec.  58.159  Terms.

    (a) Fresh and sweet. Free from ``old milk'' flavor of developed 
acidity or other off-flavors.
    (b) Normal feed. Regional feed flavors, such as alfalfa, clover, 
silage, or similar feeds or grasses (weed flavors, such as peppergrass, 
French weed, onion, garlic, or other obnoxious weeds, excluded).
    (c) Off-flavors. Tastes or odors, such as utensil, bitter, barny, or 
other associated defects when present to a degree readily detectable.
    (d) Developed acidity. An apparent increase from the normal acidity 
of the milk to a degree of taste and odor which is detectable.
    (e) Extraneous matter. Foreign substances, such as filth, hair, 
insects and fragments thereof, and rodents, and materials, such as 
metal, fiber, wood and glass.
    (f) Sediment. Fine particles of material other than the foreign 
substances and materials defined in paragraph (e) of this section.
    (g) C.I.P. The abbreviation of an approved system of cleaning 
pipelines called ``Cleaned-in-Place.''
    (h) Mechanical cleaning. Denotes cleaning solely by circulation and/
or flowing chemical detergent solution and water rinses onto and over 
the surfaces to be cleaned, by mechanical means.

 Supplemental Specifications for Plants Manufacturing, Processing, and 
Packaging Nonfat Dry Milk, Instant Nonfat Dry Milk, Dry Whole Milk, and 
                             Dry Buttermilk

                               Definitions



Sec.  58.205  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the 
following terms shall have the following meaning:
    (a) Nonfat dry milk. The product obtained by the removal of only 
water from pasteurized skim milk. It contains not more than 5 percent by 
weight of moisture and not more than 1\1/2\ percent by weight of milkfat 
and it conforms to the applicable provisions of 21 CFR 131 ``Milk and 
Cream'' as issued by the Food and Drug Administration. Nonfat dry milk 
shall not contain nor be derived from dry buttermilk, dry whey, or 
products other than skim milk, and shall not contain any added 
preservative, neutralizing agent, or other chemical.
    (b) Instant nonfat dry milk. Instant nonfat dry milk is nonfat dry 
milk which has been produced in such a manner as to substantially 
improve its dispersing and reconstitution characteristics over that 
produced by the conventional process. Instant nonfat dry milk shall not 
contain dry buttermilk, dry whey, or products other than nonfat dry 
milk, except that lactose may be added as a processing aid during 
instantizing. The instant nonfat dry milk shall not contain any added 
preservatives, neutralizing agent, or other chemical. If lactose is 
used, the amount of lactose shall be the minimum required to produce the 
desired effect, but in no case shall the amount exceed 2.0 percent of 
the weight of the nonfat dry milk. If instant nonfat dry milk is 
fortified with vitamin A, and the product is reconstituted in accordance 
with the label directions, each quart of the reconstituted product shall 
contain 2000 International Units thereof. If instant nonfat dry milk is

[[Page 131]]

fortified with vitamin D, and the product is reconstituted in accordance 
with the label directions, each quart of the reconstituted product shall 
contain 400 International Units thereof.
    (c) Dry whole milk. The pasteurized product resulting from the 
removal of water from milk and contains the lactose, milk proteins, milk 
fat, and milk minerals in the same relative proportions as in the fresh 
milk from which made. The milk may be standardized but shall not contain 
buttermilk, or any added preservative, neutralizing agent or other 
chemicals.
    (d) Dry buttermilk. The product resulting from drying liquid 
buttermilk that was derived from the churning of butter and pasteurized 
prior to condensing at a temperature of 161 [deg]F for 15 seconds or its 
equivalent in bacterial destruction. Dry buttermilk shall have a protein 
content of not less than 30.0 percent. Dry buttermilk shall not contain 
nor be derived from nonfat dry milk, dry whey, or products other than 
buttermilk, and shall not contain any added preservative, neutralizing 
agent, or other chemical.
    (e) Dry buttermilk product. The product resulting from drying liquid 
buttermilk that was derived from the churning of butter and pasteurized 
prior to condensing at a temperature of 161 [deg]F for 15 seconds or its 
equivalent in bacterial destruction. Dry buttermilk product has a 
protein content less than 30.0 percent. Dry buttermilk product shall not 
contain nor be derived from nonfat dry milk, dry whey, or products other 
than buttermilk, and shall not contain any added preservative, 
neutralizing agent, or other chemical.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 56 
FR 33855, July 24, 1991; 61 FR 17548, Apr. 22, 1996; 61 FR 35590, July 
8, 1996]

                         Rooms and Compartments



Sec.  58.210  Dry storage of product.

    Storage rooms for the dry storage of product shall be adequate in 
size, kept clean, orderly, free from rodents, insects, and mold, and 
maintained in good repair. They shall be adequately lighted and 
ventilated. The ceilings, walls, beams and floors should be free from 
structural defects and inaccessible false areas which may harbor 
insects.



Sec.  58.211  Packaging room for bulk products.

    A separate room or area shall be provided for filling bulk 
containers, and shall be constructed in accordance with Sec.  58.126. 
The number of control panels and switch boxes in this area should be 
kept to a minimum. Control panels shall be mounted a sufficient distance 
from the walls to facilitate cleaning or satisfactorily sealed to the 
wall, or shall be mounted in the wall and provided with tight fitting 
removable doors to facilitate cleaning. An adequate exhaust system shall 
be provided to minimize the accumulation of product dust within the 
packaging room and where needed, a dust collector shall be provided and 
properly maintained to keep roofs and outside areas free of dry product. 
Only packaging materials that are used within a day's operation may be 
kept in the packaging area. These materials shall be kept on metal racks 
or tables at least six inches off the floor. Unnecessary fixtures, 
equipment, or false areas which may collect dust and harbor insects, 
should not be allowed in the packaging room.



Sec.  58.212  Hopper or dump room.

    A separate room shall be provided for the transfer of bulk dry dairy 
products to the hoppers and conveyors which lead to the fillers. This 
room shall meet the same requirements for construction and facilities as 
the bulk packaging operation. Areas and facilities provided for the 
transfer of dry dairy products from portable bulk bins will be accepted 
if gasketed surfaces or direct connections are used that appreciably 
eliminate the escape of product into the area.



Sec.  58.213  Repackaging room.

    A separate room shall be provided for the filling of small packages 
and shall meet the same requirements for construction and facilities as 
the bulk packaging operation.

[[Page 132]]

                         Equipment and Utensils



Sec.  58.214  General construction, repair and installation.

    All equipment and utensils necessary to the manufacture of dry milk 
products, including pasteurizer, timing-pump or device, flow diversion 
valve and recorder controller, shall meet the same general requirements 
as outlined in Sec.  58.128 of this subpart. In addition, for certain 
other equipment the following requirements shall be met.



Sec.  58.215  Pre-heaters.

    The pre-heaters shall be of stainless steel or other equally 
corrosion resistant material, cleanable, accessible for inspection and 
shall be equipped with suitable automatic temperature controls.



Sec.  58.216  Hotwells.

    The hotwells shall be enclosed or covered and should be equipped 
with indicating thermometers either in the hotwell or in the hot milk 
inlet line to the hotwell. If used for holding high heat products, they 
should also have recorders.



Sec.  58.217  Evaporators and/or vacuum pans.

    Evaporators or vacuum pans or both, with open type condensers shall 
be equipped with an automatic condenser water level control, barometric 
leg, or so constructed so as to prevent water from entering the product. 
New or replacement units shall comply with the 3-A Sanitary Standards 
for Milk and Milk Products Evaporators and Vacuum Pans. When enclosed 
type condensers are used, no special controls are needed to prevent 
water from entering the product. Water collected from the condensing of 
product (cow water) in this equipment may be utilized for prerinsing and 
cleaning solution make-up; provided it is equipped with proper controls 
that will automatically divert water with entrained solids to the waste 
water system. ``Cow water'' shall not be used for acidified or final 
equipment rinse.



Sec.  58.218  Surge tanks.

    If surge tanks are used for hot milk, and temperatures of product 
including foam being held in the surge tank during processing, is not 
maintained at a minimum of 150 [deg]F, then two or more surge tanks 
shall be installed with cross connections to permit flushing and 
cleaning during operation. Covers easily removable for cleaning shall be 
provided and used at all times.



Sec.  58.219  High pressure pumps and lines.

    High pressure lines may be cleaned-in-place and shall be of such 
construction that dead ends, valves and the high pressure pumps can be 
disassembled for hand cleaning. The high pressure pump shall comply with 
the 3-A Sanitary Standard for Homogenizers and Pumps of the Plunger 
Type.



Sec.  58.220  Drying systems.

    (a) Spray dryers. Spray dryers shall be of a continuous discharge 
type and all product contact surfaces shall be of stainless steel or 
other equally corrosion resistant material. All joints and seams in the 
product contact surfaces shall be welded and ground smooth. All dryers 
shall be constructed so as to facilitate ease in cleaning and 
inspection. Sight glasses or ports of sufficient size shall be located 
at strategic positions. Dryers shall be equipped with suitable air 
intake filters. The filter system shall comply with the applicable 
requirements of the 3-A Accepted Practices for Milk and Milk Products 
Spray Drying Systems. The filtering system shall be cleaned or component 
parts replaced as often as necessary to maintain a clean and adequate 
air supply. In gas fired dryers, precautions should be taken to assure 
complete combustion. Air shall be drawn into the dryer from sources free 
from objectionable odors and smoke, dust or dirt. New systems, 
replacement systems, or portions of systems replaced shall comply with 
the requirements of the 3-A Accepted Practices for Milk and Milk 
Products Spray Drying Systems.
    (b) Roller dryers. (1) The drums of a roller dryer shall be smooth, 
readily cleanable and free of pits and rust. The knives shall be 
maintained in such condition so as not to cause scoring of the drums.

[[Page 133]]

    (2) The end boards shall have an impervious surface and be readily 
cleanable. They shall be provided with a means of adjustment to prevent 
leakage and accumulation of milk solids. The stack, hood, the drip pan 
inside of the hood and related shields shall be constructed of stainless 
steel and be readily cleanable. The lower edge of the hood shall be 
constructed so as to prevent condensate from entering the product zone. 
The hood shall be properly located and the stack of adequate capacity to 
remove the vapors. The stack shall be closed when the dryer is not in 
operation. The augers shall be stainless steel or properly plated, and 
readily cleanable. The auger troughs and related shields shall be of 
stainless steel and be readily cleanable. All air entering the dryer 
room shall be filtered to eliminate dust and dirt. The filter system 
shall consist of filtering media or device that will effectively, and in 
accordance with good commercial practices, prevent the entrance of 
foreign substances into the drying room. The filtering system shall be 
cleaned or component parts replaced as often as necessary to maintain a 
clean and adequate air supply. All dryer adjustments shall be made and 
the dryer operating normally before food grade product is collected from 
the dryer.
    (c) Other drying systems. These systems shall be constructed 
following the applicable principles of the 3-A Accepted Practices for 
Milk and Milk Products Spray Drying Systems.



Sec.  58.221  Collectors and conveyors.

    Collectors shall be made of stainless steel or equally noncorrosive 
material and should be constructed to facilitate cleaning and 
inspection. Filter sack collectors, if used, shall be in good condition 
and the system shall be of such construction that all parts are 
accessible for cleaning and inspection. Conveyors shall be of stainless 
steel or equally corrosion resistant material and should be constructed 
to facilitate thorough cleaning and inspection.



Sec.  58.222  Dry dairy product cooling equipment.

    Cooling equipment shall be provided with sufficient capacity to cool 
the product as specified in Sec.  58.240. A suitable dry air supply with 
an effective filtering system meeting the requirements of Sec.  
58.220(a) shall be provided where air cooling and conveying is used.



Sec.  58.223  Special treatment equipment.

    Any special equipment (instantizers, hammer mills, etc.) used to 
treat dry milk products shall be of sanitary construction and all parts 
shall be accessible for cleaning and inspection. New or replacement 
instantizing systems shall comply with the 3-A Accepted Practices for 
Instantizing Systems for Dry Milk and Dry Milk Products.



Sec.  58.224  Sifters.

    All newly installed sifters used for dry milk and dry milk products 
shall comply with the 3-A Sanitary Standards for Sifters for Dry Milk 
and Dry Milk Products. All other sifters shall be constructed of 
stainless steel or other equally noncorrosive material and shall be of 
sanitary construction and accessible for cleaning and inspection. The 
mesh size of sifter screen used for various dry dairy products shall be 
those recommended in the appendix of the 3-A Standard for sifters.



Sec.  58.225  Clothing and shoe covers.

    Clean clothing and shoe covers shall be provided exclusively for the 
purpose of cleaning the interior of the dryer when it is necessary to 
enter the dryer to perform the cleaning operation.



Sec.  58.226  Portable and stationary bulk bins.

    Bulk bins shall be constructed of stainless steel, aluminum or other 
equally corrosion resistant materials, free from cracks, seams and must 
have an interior surface that is relatively smooth and easily cleanable. 
All product contact surfaces shall be easily accessible for cleaning. 
The capacity of each portable and bulk bin shall be limited to permit 
proper operating procedures such as sampling and daily removal of all 
product to preclude commingling of different days production.



Sec.  58.227  Sampling device.

    If automatic sampling devices are used, they shall be constructed in 
such a manner as to prevent contamination

[[Page 134]]

of the product, and all parts must be readily accessible for cleaning. 
The type of sampler and the sampling procedure shall be as approved by 
the Administrator.



Sec.  58.228  Dump hoppers, screens, mixers and conveyors.

    The product contact surfaces of dump hoppers, screens, mixers and 
conveyors which are used in the process of transferring dry products 
from bulk containers to fillers for small packages or containers, shall 
be of stainless or equally corrosion resistant material and designed to 
prevent contamination. All parts should be accessible for cleaning. The 
dump hoppers shall be of such height above floor level as to prevent 
foreign material or spilled product from entering the hopper.



Sec.  58.229  Filler and packaging equipment.

    All filling and packaging equipment shall be of sanitary 
construction and all parts, including valves and filler heads accessible 
for cleaning. New or replacement equipment should comply with the 3-A 
Sanitary Standards for equipment for Packaging Dry Milk and Dry Milk 
Products.



Sec.  58.230  Heavy duty vacuum cleaners.

    Each plant handling dry milk products shall be equipped with a heavy 
duty industrial vacuum cleaner. The vacuum cleaner shall be of a type 
that has a collector or disposable bag which will not recontaminate the 
atmosphere of the processing and packaging areas. Regular scheduling 
shall be established for its use in vacuuming applicable areas.

                Quality Specifications for Raw Materials



Sec.  58.231  General.

    All raw materials received at the drying plant shall meet the 
following quality specifications.



Sec.  58.232  Milk.

    Raw milk shall meet the requirements as outlined in Sec. Sec.  
58.132 through 58.138 and, unless processed within two hours after being 
received, it shall be cooled to and held at a temperature of 45 [deg]F. 
or lower until processed.



Sec.  58.233  Skim milk.

    The skim milk shall be separated from whole milk meeting the 
requirements as outlined in Sec. Sec.  58.132 through 58.138, and unless 
processed immediately, it shall be cooled to and maintained at a 
temperature of 45 [deg]F. or lower from the time of separating until the 
time of processing.



Sec.  58.234  Buttermilk.

    Buttermilk for drying as dry buttermilk or dry buttermilk product 
shall be fresh and derived from the churning of butter, with or without 
the addition of harmless lactic culture. No preservative, neutralizing 
agent or other chemical may be added. Fluid buttermilk, unless cultured, 
shall be held at 45 [deg]F or lower unless processed within 2 hours.

[56 FR 33855, July 24, 1991]



Sec.  58.235  Modified dry milk products.

    Dry milk products to which approved neutralizing agents or chemicals 
have been added or constituents removed to alter their original 
characteristics for processing or usage shall come from products meeting 
the requirements of Sec. Sec.  58.232, 58.233, or 58.234. These products 
shall meet the applicable labeling requirements.

                   Operations and Operating Procedures



Sec.  58.236  Pasteurization and heat treatment.

    All milk and buttermilk used in the manufacture of dry milk products 
and modified dry milk products shall be pasteurized at the plant where 
dried, except that acidified buttermilk containing 40 percent or more 
solids may be transported to another plant for drying without 
repasteurization. Provided the condensed product is handled according to 
sanitary conditions approved by the Administrator.
    (a) Pasteurization. (1) All milk or skim milk to be used in the 
manufacture of nonfat dry milk shall be pasteurized prior to condensing 
at a minimum temperature of 161 [deg]F. for at least 15 seconds or its 
equivalent in

[[Page 135]]

bacterial destruction. Condensed milk products made from pasteurized 
milk may be transported to a drying plant, provided that it shall be 
effectively repasteurized at the drying plant, prior to drying, at no 
less than 166 [deg]F. for 15 seconds or its equivalent in bacterial 
destruction.
    (2) All buttermilk to be used in the manufacture of dry buttermilk 
or dry buttermilk product shall be pasteurized prior to condensing at a 
temperature of 161 [deg]F for 15 seconds or its equivalent in bacterial 
destruction.
    (b) Heat treatment--(1) High-heat. The finished product shall not 
exceed 1.5 mg. undenatured whey protein nitrogen per gram of nonfat dry 
milk as classified in the U.S. Standards for Grades of Nonfat Dry Milk 
(Spray Process).
    (2) Medium-heat. The finished product shall show undenatured whey 
protein nitrogen between the levels of ``high-heat'' and ``low-heat'' 
(1.51 to 5.99 mg.).
    (3) Low-heat. The finished product shall show not less than 6.0 
undenatured whey protein nitrogen per gram of non-fat dry milk as 
classified in the U.S. Standards for Grades of Nonfat Dry Milk (Spray 
Process).

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 56 
FR 33855, July 24, 1991]



Sec.  58.237  Condensed surge supply.

    Surge tanks or balance tanks if used between the evaporators and 
dryer shall be used to hold only the minimum amount of condensed product 
necessary for a uniform flow to the dryers. Such tanks holding product 
at temperatures below 150 [deg]F. shall be completely emptied and washed 
after each 4 hours of operation or less. Alternate tanks shall be 
provided to permit continuous operation during washing of tanks.



Sec.  58.238  Condensed storage tanks.

    (a) Excess production of condensed product over that which the dryer 
will take continuously from the pans should be bypassed through a cooler 
into a storage tank at 50 [deg]F. or lower and held at this temperature 
until used.
    (b) Product cut-off points shall be made at least every 24 hours and 
the tank completely emptied, washed, and sanitized before reuse.



Sec.  58.239  Drying.

    Each dryer should be operated to produce the highest quality dry 
product consistent with the most efficient operation. The dry products 
shall be removed from the drying chamber continuously during the drying 
process.



Sec.  58.240  Cooling dry products.

    Prior to packaging and immediately following removal from the drying 
chamber the dry product shall be cooled to a temperature not exceeding 
110 [deg]F, however, if the product is to be held in a bulk bin the 
temperature should be reduced to approximately 90 [deg]F but shall be 
not more than 110 [deg]F.



Sec.  58.241  Packaging, repackaging and storage.

    (a) Containers. Packages or containers used for the packaging of 
nonfat dry milk or other dry milk products shall be any clean, sound 
commercially accepted container or packaging material which will 
satisfactorily protect the contents through the regular channels of 
trade, without significant impairment of quality with respect to flavor, 
wholesomeness or moisture content under the normal conditions of 
handling. In no instance will containers which have previously been used 
for nonfood items, or food items which would be deleterious to the dairy 
product be allowed to be used for the bulk handling of dairy products.
    (b) Filling. Empty containers shall be protected at all times from 
possible contamination and containers which are to be lined shall not be 
prepared more than one hour in advance of filling. Every precaution 
shall be taken during the filling operation to minimize product dust and 
spillage. When necessary a mechanical shaker shall be provided; the 
tapping or pounding of containers should be prohibited. The containers 
shall be closed immediately after filling and the exteriors shall be 
vacuumed or brushed when necessary to render them practically free of 
residual product before being transferred

[[Page 136]]

from the filling room to the palleting or dry storage areas.
    (c) Repackaging. The entire repackaging operation shall be conducted 
in a sanitary manner with all precautions taken to prevent contamination 
and to minimize dust. All exterior surfaces of individual containers 
shall be practically free of product before overwrapping or packing in 
shipping containers. The room shall be kept free of dust accumulation, 
waste, cartons, liners, or other refuse. Conveyors, packaging and carton 
making equipment shall be vacuumed frequently during the operating day 
to prevent the accumulation of dust. No bottles or glass materials of 
any kind shall be permitted in the repackaging or hopper room. The inlet 
openings of all hoppers and bins shall be of minimum size, screened and 
placed well above the floor level. The room and all packaging equipment 
shall be cleaned as often as necessary to maintain a sanitary operation. 
Close attention shall be given to cleaning equipment where residues of 
the dry product may accumulate. A thorough clean-up including windows, 
doors, walls, light fixtures and ledges, should be performed as 
frequently as is necessary to maintain a high standard of cleanliness 
and sanitation. All waste dry dairy products including dribble product 
at the fillers, shall be properly identified and disposed of as animal 
feed.
    (d) Storage--(1) Product. The packaged dry milk product shall be 
stored or so arranged in aisles, rows, or sections and lots at least 18 
inches from any wall and in such a manner as to be orderly, easily 
accessible for inspection or for cleaning of the room. All bags and 
small containers of products shall be placed on pallets elevated from 
the floor. Products in small containers may be stored by methods 
preventing direct contact with the floor when the condition of the 
container is satisfactorily maintained. The storage room shall be kept 
clean and dry and all openings protected against entrance of insects and 
rodents.
    (2) Supplies. All supplies shall be placed on dunnage or pallets and 
arranged in an orderly manner for accessibility and cleaning of the 
room. It is preferable that supplies be stored in an area separate from 
that used for storing the dry products. Supplies shall be kept enclosed 
in their original wrapping material until used. After removal of 
supplies from their original containers, they shall be kept in an 
enclosed metal cabinet, bins or on shelving and if not enclosed shall be 
protected from powder, and dust or other contamination. The room should 
be vacuumed as often as necessary and kept clean and orderly.



Sec.  58.242  Product adulteration.

    All necessary precautions shall be taken throughout the entire 
operation to prevent the adulteration of one product with another. The 
commingling of one type of liquid or dry product with another shall be 
considered as an adulteration of that product. This does not prohibit 
the normal standardization of like products in accordance with good 
commercial practices or the production of specific products for special 
uses, provided applicable labeling requirements are met.



Sec.  58.243  Checking quality.

    All milk, milk products and dry milk products shall be subject to 
inspection and analysis by the dairy plant for quality and condition 
throughout each processing operation. Periodically samples of product 
and environmental material shall be tested for salmonella. Test results 
shall be negative when samples are tested for salmonella. Line samples 
should be taken periodically as an aid to quality control in addition to 
the regular routine analysis made on the finished products.



Sec.  58.244  Number of samples.

    As many samples shall be taken from each dryer production lot as is 
necessary to assure proper composition and quality control. A sufficient 
number of representative samples from the lot shall be taken to assure 
compliance with the stated net weight on the container.



Sec.  58.245  Method of sample analysis.

    Samples shall be tested according to the applicable methods of 
laboratory analysis contained in either DA Instruction 918-RL as issued 
by the

[[Page 137]]

USDA, Agricultural Marketing Service, Dairy Programs, or Official 
Methods of Analysis of the Association of Analytical Chemists or 
Standard Methods for the Examination of Dairy Products.

[67 FR 48976, July 29, 2002]



Sec.  58.246  Cleaning of dryers, collectors, conveyors, ducts, sifters 
and storage bins.

    This equipment shall be cleaned as often as is necessary to maintain 
such equipment in a clean and sanitary condition. The kind of cleaning 
procedure either wet or dry and the frequency of cleaning shall be based 
upon observation of actual operating results and conditions.



Sec.  58.247  Insect and rodent control program.

    In addition to any commercial pest control service, if one is 
utilized, a specially designated employee should be made responsible for 
the performance of a regularly scheduled insect and rodent control 
program as outlined in University of Wisconsin Extension Bulletin A2518 
or subsequent revisions thereof, or one equivalent thereto.

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.248  Nonfat dry milk.

    (a) Nonfat dry milk in commercial bulk containers bearing an 
official identification shall meet the requirements of U.S. Extra Grade 
or U.S. Standard Grade.
    (b) Regular nonfat dry milk in consumer size packages which bears an 
official identification shall meet the requirements of U.S. Extra Grade. 
In addition, the nonfat dry milk shall be sampled and tested in 
accordance with Sec. Sec.  58.244 and 58.245.



Sec.  58.249  Instant nonfat dry milk.

    (a) Only instant nonfat dry milk manufactured and packaged in 
accordance with the requirements of this part and with the applicable 
requirements in subpart A of this part which has been officially 
inspected in process and found to be in compliance with these 
requirements may be identified with the official USDA U.S. Extra Grade, 
processed and packed inspection shield.
    (b) Instant nonfat dry milk shall meet the applicable standard for 
U.S. Extra Grade.



Sec.  58.250  Dry whole milk.

    Dry whole milk in commercial bulk containers which bears an official 
identification shall meet the requirements for the U.S. Standards for 
Grades of Dry Whole Milk. Quality requirements for dry whole milk in 
consumer packages shall be for U.S. Extra Grade and shall be gas packed 
with an oxygen content of not more than 2.0 percent.



Sec.  58.251  Dry buttermilk and dry buttermilk product.

    The quality requirements for dry buttermilk or dry buttermilk 
product bearing an official identification shall be in accordance with 
the U.S. Standards for Grades of Dry Buttermilk and Dry Buttermilk 
Product.

[56 FR 33855, July 24, 1991]

  Supplemental Specifications for Plants Manufacturing, Processing and 
                  Packaging Butter and Related Products

                               Definitions



Sec.  58.305  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the 
following terms shall have the following meaning.
    (a) Butter. The food product usually known as butter, and which is 
made exclusively from milk or cream, or both, with or without common 
salt, with or without additional coloring matter, and containing not 
less than 80 percent by weight of milkfat, all tolerances having been 
allowed for.
    (b) Butteroil. The food product resulting from the removal of 
practically all of the moisture and solids-not-fat from butter. It 
contains not less than 99.6 percent fat and not more than 0.3 percent 
moisture and not more than 0.1 percent other butter constituents, of 
which the salt shall be not more than

[[Page 138]]

0.05 percent. Antioxidants permitted to be used are as follows:

------------------------------------------------------------------------
              Antioxidant                         Maximum level
------------------------------------------------------------------------
Propyl gallate.........................  0.02% of fat.
Butylated hydroxytoluene (BHT).........  0.02% of fat.
Butylated hydroxyanisole (BHA).........  0.02% of fat.
Tocopherols............................  Limit by GMP.
Ascorbyl palmitate.....................  Limit by GMP.
Dilauryl thiodipropionate..............  0.02% of fat.
         Antioxidant synergists
Citric acid............................  Limit by GMP.
Sodium citrate.........................  Limit by GMP.
Isopropyl citrate......................  0.02% of food.
Phosphoric acid........................  Limit by GMP.
Monoglyceride citrate..................  200 ppm of fat.
------------------------------------------------------------------------


An inert gas may be used to flush air-tight containers before, during, 
and after filling. Carbon dioxide may not be used for this purpose.
    (c) Anhydrous milkfat. The food product resulting from the removal 
of practically all of the moisture and solids-not-fat from pasteurized 
cream or butter. It contains not less than 99.8 percent fat and not more 
than 0.1 percent moisture and, when produced from butter, not more than 
0.1 percent other butter constituents, of which the salt shall be not 
more than 0.05 percent. An inert gas may be used to flush air-tight 
containers before, during, and after filling. Carbon dioxide may not be 
used for this purpose.
    (d) Frozen cream. Sweet cream which has been pasteurized and frozen. 
It contains approximately 40 percent milkfat.
    (e) Plastic cream. Sweet cream which has been pasteurized and 
contains approximately 80 percent milkfat.
    (f) Whipped butter. The food product is made by the uniform 
incorporation of air or inert gas into butter.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 59 
FR 1264, Jan. 10, 1994; 60 FR 4825, Jan. 24, 1995]

                         Rooms and Compartments



Sec.  58.311  Coolers and freezers.

    The coolers and freezers shall be equipped with facilities for 
maintaining proper temperature and humidity conditions, consistent with 
good commercial practices for the applicable product, to protect the 
equality and condition of the products during storage or during 
tempering prior to further processing. Coolers and freezers shall be 
kept clean, orderly, free from insects, rodents, and mold, and 
maintained in good repair. They shall be adequately lighted and proper 
circulation of air shall be maintained at all times. The floors, walls, 
and ceilings shall be of such construction as to permit thorough 
cleaning.



Sec.  58.312  Churn rooms.

    Churn rooms in addition to proper construction and sanitation shall 
be so equipped that the air is kept free from objectionable odors and 
vapors and extreme temperatures by means of adequate ventilation and 
exhaust systems or air conditioning and heating facilities.



Sec.  58.313  Print and bulk packaging rooms.

    Rooms used for packaging print or bulk butter and related products 
should, in addition to proper construction and sanitation, provide an 
atmosphere relatively free from mold (not more than 15 colonies per 
plate during a 15 min. exposure), dust, or other air-borne contamination 
and maintain a reasonable room temperature in accordance with good 
commercial practices.

                         Equipment and Utensils



Sec.  58.314  General construction, repair and installation.

    All equipment and utensils necessary to the manufacture of butter 
and related products shall meet the same general requirements as 
outlined in Sec.  58.128. In addition for certain other equipment, the 
following requirements shall be met.



Sec.  58.315  Continuous churns.

    All product contact surfaces of the churn and related equipment 
shall be of noncorrosive material. All non-metallic product contact 
surfaces shall comply with 3-A Standards for Plastic, Rubber, and 
Rubber-Like Materials. All product contact surfaces of the churn and 
related equipment shall be readily accessible for cleaning and 
inspection. Construction shall follow the applicable principles of the 
3-A Sanitary Standards.

[[Page 139]]



Sec.  58.316  Conventional churns.

    Churns shall be constructed of aluminum, stainless steel or equally 
corrosion resistant metal, free from cracks, and in good repair. All 
gasket material shall be fat resistant, nontoxic and reasonably durable. 
Seals around the doors shall be tight.



Sec.  58.317  Bulk butter trucks, boats, texturizers, and packers.

    Bulk butter trucks, boats, texturizers, and packers shall be 
constructed of aluminum, stainless steel, or equally corrosion resistant 
metal free from cracks, seams and must have a surface that is relatively 
smooth and easily cleanable. All non-metallic product surfaces shall 
comply with 3-A Standards for Plastic, Rubber, and Rubber-Like Material.



Sec.  58.318  Butter, frozen or plastic cream melting machines.

    Shavers, shredders or melting machines used for rapid melting of 
butter, frozen or plastic cream shall be of stainless steel or equally 
corrosion resistant metal, free from cracks and of sanitary 
construction, and readily cleanable.



Sec.  58.319  Printing equipment.

    All printing equipment shall be designed so as to adequately protect 
the product and be readily demountable for cleaning of product contact 
surfaces. All product contact surfaces shall be aluminum, stainless 
steel or equally corrosion resistant metal, or plastic, rubber and 
rubber like material which comply with 3-A standards, except that 
conveyors may be constructed of material which can be properly cleaned 
and maintained in a satisfactory manner.



Sec.  58.320  Brine tanks.

    Brine tanks used for the treating of parchment liners shall be 
constructed of noncorrosive material and have an adequate and safe means 
of heating the salt solution for the treatment of the liners. The tank 
should also be provided with a satisfactory drainage outlet.



Sec.  58.321  Cream storage tanks.

    Cream storage tanks shall meet the requirements of Sec.  58.128(d). 
Cream storage tanks for continuous churns should be equipped with 
effective temperature controls and recording devices.

                 Quality Specifications for Raw Material



Sec.  58.322  Cream.

    Cream separated at an approved plant and used for the manufacture of 
butter shall have been derived from raw material meeting the 
requirements as listed under Sec. Sec.  58.132 through 58.138 of this 
subpart.

[50 FR 34673, Aug. 27, 1985]



Sec.  58.323  [Reserved]



Sec.  58.324  Butteroil.

    To produce butteroil eligible for official certification, the butter 
used shall conform to the flavor requirements of U.S. Grade AA, U.S. 
Grade A, or U.S. Grade B, and shall have been manufactured in an 
approved plant.



Sec.  58.325  Anhydrous milkfat.

    If cream is used in the production of anhydrous milkfat that is 
eligible for official certification, the anhydrous milkfat shall be made 
by a continuous separation process directly from milk or cream. The 
cream used shall be comparable to the flavor quality specified above for 
U.S. Grade AA or U.S. Grade A butter. The milkfat from cream may then be 
further concentrated into oil. The cream or oil shall be pasteurized in 
accordance with the procedures for cream for buttermaking (Sec.  
58.334a). If butter is used in the production of anhydrous milkfat that 
is eligible for official certification, the butter used shall conform to 
the flavor requirements of U.S. Grade AA or U.S. Grade A butter and 
shall have been manufactured in an approved plant. The appearance of 
anhydrous milkfat should be fairly smooth and uniform in consistency.

[60 FR 4826, Jan. 24, 1995]



Sec.  58.326  Plastic cream.

    To produce plastic cream eligible for official certification, the 
quality of the

[[Page 140]]

cream used shall meet the requirements of cream acceptable for the 
manufacture of U.S. Grade AA or U.S. Grade A butter.



Sec.  58.327  Frozen cream.

    To produce frozen cream eligible for official certification, the 
quality of the cream used shall meet the requirements of cream 
acceptable for the manufacture of U.S. Grade AA or U.S. Grade A butter.



Sec.  58.328  Salt.

    The salt shall be free-flowing, white refined sodium chloride and 
shall meet the requirements of The Food Chemical Codex.



Sec.  58.329  Color.

    Coloring, when used shall be Annatto or any color which is approved 
by the U.S. Food and Drug Administration.



Sec.  58.330  Butter starter cultures.

    Harmless bacterial cultures when used in the development of flavor 
components in butter and related products shall have a pleasing and 
desirable flavor and shall have the ability to transmit these qualities 
to the finished product.



Sec.  58.331  Starter distillate.

    The refined flavor components when used to flavor butter and related 
products. It shall be of food grade quality, free of extraneous material 
and prepared in accordance with good commercial practice.

                   Operations and Operating Procedures



Sec.  58.332  Segregation of raw material.

    The milk and cream received at the dairy plant shall meet the 
quality specifications as indicated under Sec.  58.322. The milk and 
cream should be segregated by quality and processed separately in such a 
manner that the finished product will fully meet the requirements of a 
particular U.S. Grade or other specification, whichever is applicable.



Sec.  58.334  Pasteurization.

    The milk or cream shall be pasteurized at the plant where the milk 
or cream is processed into the finished product or by procedures as set 
forth by the Administrator.
    (a) Cream for butter making. The cream for butter making shall be 
pasteurized at a temperature of not less than 165 [deg]F. and held 
continuously in a vat at such temperature for not less than 30 minutes; 
or pasteurized by HTST method at a minimum temperature of not less than 
185 [deg]F. for not less than 15 seconds; or it shall be pasteurized by 
any other equivalent temperature and holding time which will assure 
adequate pasteurization. Additional heat treatment above the minimum 
pasteurization requirement is advisable to insure improved keeping-
quality characteristics.

Adequate pasteurization control shall be used and the diversion valve 
shall be set to divert at no less than 185 [deg]F. with a 15 second 
holding time or its equivalent in time and temperature to assure 
pasteurization. If the vat or holding method of pasteurization is used, 
vat covers shall be closed prior to holding period to assure temperature 
of air space reaching 5 [deg]F. higher than the minimum temperature 
during the holding time. Covers shall also be kept closed during the 
holding and cooling period.
    (b) Cream for plastic or frozen cream. The pasteurization of cream 
for plastic or frozen cream shall be accomplished in the same manner as 
in paragraph (a) of this section, except, that the temperature for the 
vat method shall be not less than 170 [deg]F. for not less than 30 
minutes, or not less than 190 [deg]F. for not less than 15 seconds or by 
any other temperature and holding time which will assure adequate 
pasteurization and comparable keeping-quality characteristics.



Sec.  58.335  Quality control tests.

    All milk, cream and related products are subject to inspection for 
quality and condition throughout each processing operation. Quality 
control tests shall be made on flow samples as often as necessary to 
check the effectiveness of processing and manufacturing and as an aid in 
correcting deficiencies in processing and manufacturing. Routine 
analysis shall be made on raw materials and finished products to assure

[[Page 141]]

adequate microbiological, composition and chemical control.



Sec.  58.336  Frequency of sampling for quality control of cream, 
butter and related products.

    (a) Microbiological. Samples shall be taken from churnings or 
batches and should be taken as often as is necessary to insure 
microbiological control.
    (b) Composition. Sampling and testing for product composition shall 
be made on churns or batches as often as is necessary to insure adequate 
composition control. For in-plant control, the Kohman or modified Kohman 
test may be used.
    (c) Chemical--(1) Acid degree value. This test should be made on 
churnings or batches from samples taken from the cream as often as is 
necessary to aid in the control of lipase activity.
    (2) Free fatty acid. This test should be made on churnings or 
batches from samples taken from the butter as often as is necessary to 
aid in the control of lipase activity.
    (d) Other analysis. Other chemical analysis or physical measurements 
shall be performed as often as is necessary to insure meeting grade 
standards and contract specifications.
    (e) Weight or volume control. Representative samples of the packaged 
product should be checked using procedures prescribed by the 
Administrator during the packaging operation to assure compliance with 
the stated net weight or volume on the container.
    (f) Keeping quality and stability. Samples from churnings shall be 
subjected to a seven day keeping quality test at a temperature of 72 
[deg]F. to establish and maintain a satisfactory keeping quality 
history. Optionally 98 [deg]F. for 48 hours may be used, however, in 
case of a dispute, the results of the seven days at 72 [deg]F. will 
prevail.



Sec.  58.337  Official test methods.

    (a) Chemical. Chemical analyses except where otherwise prescribed 
herein, shall be made in accordance with the methods described in the 
latest edition of Official Methods of Analysis of the Association of 
Official Analytical Chemists, published by the Association of Official 
Analytical Chemists, the Official and Tentative Methods of the American 
Oil Chemists Society or any other methods giving equivalent results.
    (b) Microbiological. Microbiological determinations shall be made in 
accordance with the methods described or suggested in the latest edition 
of Standard Methods for the Examination of Dairy Products, published by 
the American Public Health Association.



Sec.  58.338  Composition and wholesomeness.

    All ingredients used in the manufacture of butter and related 
products shall be subject to inspection and shall be wholesome and 
practically free from impurities. Chlorinating facilities shall be 
provided for butter wash water if needed and all other necessary 
precautions shall be taken to prevent contamination of products. All 
finished products shall comply with the requirements of the Federal 
Food, Drug and Cosmetic Act, as to composition and wholesomeness.



Sec.  58.339  Containers.

    (a) Containers used for the packaging of butter and related products 
shall be commercially acceptable containers or packaging material that 
will satisfactorily protect the quality of the contents in regular 
channels of trade. Caps or covers which extend over the lip of the 
container shall be used on all cups or tubs containing two pounds or 
less, to protect the product from contamination during subsequent 
handling.
    (b) Liners and wrappers. Supplies of parchment liners, wrappers and 
other packaging material shall be protected against dust, mold and other 
possible contamination.
    (1) Prior to use, parchment liners for bulk butter packages shall be 
completely immersed in a boiling salt solution in a suitable container 
constructed of stainless steel or other equally non-corrosive material. 
The liners shall be maintained in the solution for not less than 30 
minutes. The liners shall be effectively treated with a solution 
consisting of at least 15 pounds of salt for every 85 pounds of water 
and shall be strengthened or changed as frequently as necessary to

[[Page 142]]

keep the solution full strength and in good condition.
    (2) Other liners such as polyethylene shall be treated or handled in 
such a manner as to prevent contamination of the liner prior to filling.
    (c) Filling bulk butter containers. The lined butter containers 
shall be protected from possible contamination prior to filling. Use of 
parchment liners may be accomplished by alternately inverting one 
container over the other or stacking the lined boxes on their sides in a 
rack, until ready for use. When using polyethylene liners the boxes 
should be lined immediately prior to use. When packing butter into the 
bulk containers, care shall be taken to fill the corners leaving as few 
holes or openings as possible. The surface of the butter as well as the 
covering liner shall be smoothed evenly over the top surface before 
closing and sealing the container. Containers should be stacked only as 
high as the firmness of the product will support weight, so as not to 
crush or distort the container.



Sec.  58.340  Printing and packaging.

    Printing and packaging of consumer size containers of butter shall 
be conducted under sanitary conditions. Separate rooms equipped with 
automatic filling and packaging equipment should be provided. The 
outside cartons should be removed from bulk butter in a room outside of 
the printing operation but the parchment removal and cutting of the 
butter may be done in the print room.



Sec.  58.341  Repackaging.

    When officially graded or inspected bulk product is to be repackaged 
into consumer type packages for official grade labeling or other 
official identification, a supervisor of packaging shall be required and 
the plant, equipment, facilities and personnel shall meet the same 
specifications as outlined in this part, including such markings or 
identification as may be required.



Sec.  58.342  General identification.

    Commercial bulk shipping containers shall be legibly marked with the 
name of the product, net weight, name and address of manufacturer, 
processor or distributor or other assigned plant identification 
(manufacturer's lot number, churn number, etc.) and any other 
identification that may be required. Packages of plastic or frozen cream 
shall be marked with the percent of milkfat.



Sec.  58.343  Storage of finished product in coolers.

    All products shall be kept under refrigeration at temperatures of 40 
[deg]F. or lower after packaging and until ready for distribution or 
shipment. The products shall not be placed directly on floors or exposed 
to foreign odors or conditions such as drippage due to condensation 
which might cause package or product damage.



Sec.  58.344  Storage of finished product in freezer.

    (a) Sharp freezers. Plastic cream or frozen cream intended for 
storage shall be placed in quick freezer rooms immediately after 
packaging, for rapid and complete freezing within 24 hours. The packages 
shall be piled or spaced in such a manner that air can freely circulate 
between and around the packages. The rooms shall be maintained at -10 
[deg]F. or lower and shall be equipped to provide sufficient high 
velocity, air circulation for rapid freezing. After the products have 
been completely frozen, they may be transferred to a freezer storage 
room for continued storage.
    (b) Freezer storage. The room shall be maintained at a temperature 
of 0 [deg]F. or lower. Adequate air circulation is desirable.

Butter intended to be held more than 30 days shall be placed in a 
freezer room as soon as possible after packaging. If not frozen before 
being placed in the freezer, the packages shall be spaced in such a 
manner as to permit rapid freezing and repiled, if necessary, at a later 
time.

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.345  Butter.

    The quality requirements for butter shall be in accordance with the 
U.S. Standards for Grades of Butter for U.S.

[[Page 143]]

Grade AA, U.S. Grade A, or U.S. Grade B, respectively.
    (a) In addition, the butter is subject to the following 
specifications when sampled and tested in accordance with Sec. Sec.  
58.336 and 58.337.
    (b) Proteolytic count, not more than 100 per gram; yeast and mold 
count, not more than 20 per gram; coliform count, not more than 10 per 
gram.
    (c) Optional except when required or requested: Copper content, not 
more than 0.3 ppm; iron content, not more than 1.0 ppm; enterococci, not 
more than 10 per gram.



Sec.  58.346  Whipped butter.

    (a) The quality requirements for whipped butter shall be in 
accordance with the U.S. Standards for Grades of Whipped Butter for U.S. 
Grade AA and U.S. Grade A, respectively.
    (b) Whipped butter shall also be subject to the following 
specifications when sampled and tested in accordance with Sec.  58.336 
and Sec.  58.337, respectively:
    (1) Proteolytic count, not more than 50 per gram; yeast and mold 
count, not more than 10 per gram; coliform count, not more than 10 per 
gram; and keeping-quality test, satisfactory after 7 days at 72 [deg]F.
    (2) Optional except when required or requested: Copper content, not 
more than 0.3 ppm; iron content, not more than 1.0 ppm; enterococci, not 
more than 10 per gram.

[59 FR 1264, Jan. 10, 1994, as amended at 67 FR 48976, July 29, 2002]



Sec.  58.347  Butteroil or anhydrous milkfat.

    The flavor shall be bland and free from rancid, oxidized, or other 
objectionable flavors.
    (a) In addition, the finished products shall meet the following 
specifications when sampled and tested in accordance with Sec. Sec.  
58.336 and 58.337:

------------------------------------------------------------------------
                                       Butteroil       Anhydrous milkfat
------------------------------------------------------------------------
Milkfat.........................  Not less than 99.6  Not less than 99.8
                                   percent.            percent.
Moisture........................  Not more than 0.3   Not more than 0.1
                                   percent.            percent.
Other butter constituents         Not more than 0.1   Not more than 0.1
 including salt.                   percent.            percent.
Salt............................  Not more than 0.05  Not more than 0.05
                                   percent.            percent.
Antioxidants....................  Those permitted by  Those permitted by
                                   standards of the    standards of the
                                   Codex               Codex
                                   Alimentarius        Alimentarius
                                   Commission and      Commission and
                                   authorized for      authorized for
                                   use by the Food     use by the Food
                                   and Drug            and Drug
                                   Administration.     Administration.
Free fatty acids................  Not more than 0.5   Not more than 0.3
                                   percent             percent
                                   (calculated as      (calculated as
                                   oleic acid).        oleic acid).
Peroxide value..................  Not more than 0.1   Not more than 0.1
                                   milliequivalent     milliequivalent
                                   per kilogram of     per kilogram of
                                   fat.                fat.
Iron content....................  Not more than 0.2   Not more than 0.2
                                   ppm.                ppm.
Copper content..................  Not more than 0.05  Not more than 0.05
                                   ppm.                ppm.
------------------------------------------------------------------------

    (b) [Reserved]

[60 FR 4826, Jan. 24, 1995]



Sec.  58.348  Plastic cream.

    The flavor shall be sweet, pleasing and desirable but may possess 
the following flavors to a slight degree; aged, bitter, flat, smothered 
and storage; and cooked and feed flavors to a definite degree. It shall 
be free from rancid, oxidized or other objectionable flavors.
    (a) In addition, the finished product shall meet the following 
specifications when sampled and tested in accordance with Sec. Sec.  
58.336 and 58.337.
    (b) Standard plate count, not more than 30,000 per gram; coliform 
count, not more than 10 per gram; yeast and mold, not more than 20 per 
gram;
    (c) Optional except when required or requested: Copper content not 
more than 0.3 ppm; iron content not more than 1.0 ppm.



Sec.  58.349  Frozen cream.

    The flavor shall be sweet, pleasing and desirable, but may possess 
the following flavors to a slight degree: Aged, bitter, flat, smothered, 
storage; and cooked and feed flavors to a definite degree. It shall be 
free from rancid, oxidized or other objectionable flavors.
    (a) In addition, the product shall meet the following specifications 
when sampled and tested in accordance with

[[Page 144]]

Sec. Sec.  58.336 and 58.337. Samples for analysis should be taken prior 
to freezing of the product.
    (b) Standard plate count, not more than 30,000 per ml.; coliform 
count, not more than 10 per ml.; yeast and mold, not more than 20 per 
ml.
    (c) Optional except when required or requested: Copper content, not 
more than 0.3 ppm; iron content not more than 1.0 ppm.

   Supplemental Specifications for Plants Manufacturing and Packaging 
                                 Cheese

                               Definitions



Sec.  58.405  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the following 
terms shall have the following meaning:
    (a) Cheese. The fresh or matured product obtained by draining after 
coagulation of milk, cream, skimmed, or partly skimmed milk or a 
combination of some or all of these products and including any cheese 
that conforms to the requirements of the Food and Drug Administration 
for cheeses and related cheese products (21 CFR part 133).
    (b) Milkfat from whey. The fat obtained from the separation of 
cheese whey.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]

                         Rooms and Compartments



Sec.  58.406  Starter facility.

    A separate starter room or properly designed starter tanks and 
satisfactory air movement techniques shall be provided for the 
propagation and handling of starter cultures. All necessary precaution 
shall be taken to prevent contamination of the facility, equipment and 
the air therein. A filtered air supply with a minimum average efficiency 
of 90 percent when tested in accordance with the ASHRAE Synthetic Dust 
Arrestance Test should be provided so as to obtain outward movement of 
air from the room to minimize contamination.



Sec.  58.407  Make room.

    The rooms in which the cheese is manufactured shall be of adequate 
size, and the equipment adequately spaced to permit movement around the 
equipment for proper cleaning and satisfactory working conditions. 
Adequate filtered air ventilation should be provided. When applicable, 
the mold count should be not more than 15 colonies per plate during a 15 
minute exposure.



Sec.  58.408  Brine room.

    A brine room, when applicable, should be a separate room constructed 
so it can be readily cleanable. The brine room equipment shall be 
maintained in good repair and corrosion kept at a minimum.



Sec.  58.409  Drying room.

    When applicable, a drying room of adequate size shall be provided to 
accommodate the maximum production of cheese during the flush period. 
Adequate shelving and air circulation shall be provided for proper 
drying. Temperature and humidity control facilities should be provided 
which will promote the development of a sound, dry surface of the 
cheese.



Sec.  58.410  Paraffining room.

    When applicable for rind cheese, a separate room or compartment 
should be provided for paraffining and boxing the cheese. The room shall 
be of adequate size and the temperature maintained near the temperature 
of the drying room to avoid sweating of the cheese prior to paraffining.



Sec.  58.411  Rindless cheese wrapping area.

    For rindless cheese a suitable space shall be provided for proper 
wrapping and boxing of the cheese. The area shall be free from dust, 
condensation, mold or other conditions which may contaminate the surface 
of the cheese or contribute to unsatisfactory packaging of the cheese.



Sec.  58.412  Coolers or curing rooms.

    Coolers or curing rooms where cheese is held for curing or storage 
shall be

[[Page 145]]

clean and maintained at the proper uniform temperature and humidity to 
adequately protect the cheese, and minimize the undesirable growth of 
mold. Proper circulation of air shall be maintained at all times. The 
shelves shall be kept clean and dry. This does not preclude the 
maintenance of suitable conditions for the curing of mold and surface 
ripened varieties.



Sec.  58.413  Cutting and packaging rooms.

    When small packages of cheese are cut and wrapped, separate rooms 
shall be provided for the cleaning and preparation of the bulk cheese 
and for the cutting and wrapping operation. The rooms shall be well 
lighted, ventilated and provided with filtered air. Air movement shall 
be outward to minimize the entrance of unfiltered air into the cutting 
and packaging room. The waste materials and waste cheese shall be 
disposed of in an environmentally and/or sanitary approved manner.

                         Equipment and Utensils



Sec.  58.414  General construction, repair and installation.

    All equipment and utensils necessary to the manufacture of cheese 
and related products shall meet the same general requirements as 
outlined in Sec.  58.128. In addition, for certain other equipment the 
following requirements shall be met.



Sec.  58.415  Starter vats.

    Bulk starter vats shall be of stainless steel or equally corrosion 
resistant metal and should be constructed according to the applicable 3-
A Sanitary Standards. New or replacement vats shall be constructed 
according to the applicable 3-A Sanitary Standards. The vats shall be in 
good repair, equipped with tight fitting lids and have adequate 
temperature controls such as valves, indicating and/or recording 
thermometers.



Sec.  58.416  Cheese vats, tanks and drain tables.

    (a) The vats, tanks and drain tables used for making cheese should 
be of metal construction with adequate jacket capacity for uniform 
heating. The inner liner shall be minimum 16 gauge stainless steel or 
other equally corrosion resistant metal, properly pitched from side to 
center and from rear to front for adequate drainage. The liner shall be 
smooth, free from excessive dents or creases and shall extend over the 
edge of the outer jacket. The outer jacket shall be constructed of 
stainless steel or other metal which can be kept clean and sanitary. The 
junction of the liner and outer jackets shall be constructed so as to 
prevent milk or cheese from entering the inner jacket.
    (b) The vat, tank and/or drain table shall be equipped with a 
suitable sanitary outlet valve. Effective valves shall be provided and 
properly maintained to control the application of heat to this 
equipment. If this equipment is provided with removable cloth covers, 
they shall be clean.



Sec.  58.417  Mechanical agitators.

    The mechanical agitators shall be of sanitary construction. The 
carriages shall be of the enclosed type and all product contact 
surfaces, shields, shafts, and hubs shall be constructed of stainless 
steel or other equally corrosion resistant metal. Metal blades, forks, 
or stirrers shall be constructed of stainless steel and of material 
approved in the 3-A Sanitary Standards for Plastic, and Rubber and 
Rubber-Like Materials and shall be free from rough or sharp edges which 
might scratch the equipment or remove metal particles.



Sec.  58.418  Automatic cheese making equipment.

    (a) Automatic Curd Maker. The automatic curd making system shall be 
constructed of stainless steel or of material approved in the 3-A 
Sanitary Standards for Plastic, and Rubber and Rubber-Like Material. All 
areas shall be free from cracks and rough surfaces and constructed so 
that they can be easily cleaned.
    (b) Curd conveying systems. The curd conveying system, conveying 
lines and cyclone separator shall be constructed of stainless steel or 
other equally corrosion resistant metal and in such manner that it can 
be satisfactorily cleaned. The system shall be of sufficient size to 
handle the volume of curd and be provided with filtered air of the

[[Page 146]]

quality satisfactory for the intended use. Air compressors or vacuum 
pumps shall not be located in the processing or packaging areas.
    (c) Automatic salter. The automatic salter shall be constructed of 
stainless steel or other equally corrosion resist[chyph]ant metal. This 
equipment shall be constructed to equally distribute the salt throughout 
the curd. It shall be designed to accurately weigh the amount of salt 
added. The automatic salter shall be constructed so that it can be 
satisfactorily cleaned. The salting system shall provide for adequate 
absorption of the salt in the curd. Water and steam used to moisten the 
curd prior to salting shall be potable water or culinary steam.
    (d) Automatic curd filler. The automatic curd filler shall be 
constructed of stainless steel or other equally corrosion resistant 
metal. This equipment shall be of sufficient size to handle the volume 
of curd and constructed and controlled so as to accurately weigh the 
amount of curd as it fills. The curd filler shall be constructed so that 
it can be satisfactorily cleaned.
    (e) Hoop and barrel washer. The washer shall be constructed so that 
it can be satisfactorily cleaned. It shall also be equipped with 
temperature and pressure controls to ensure satisfactory cleaning of the 
hoops or barrels. It should be adequately vented to the outside.



Sec.  58.419  Curd mill and miscellaneous equipment.

    Knives, hand rakes, shovels, scoops, paddles, strainers, and 
miscellaneous equipment shall be stainless steel or of material approved 
in the 3-A Sanitary Standards for Plastic and Rubber-like Material. The 
product contact surfaces of the curd mill should be of stainless steel. 
All pieces of equipment shall be so constructed that they can be kept 
clean and free from rough or sharp edges which might scratch the 
equipment or remove metal particles. The wires in the curd knives shall 
be stainless steel, kept tight and replaced when necessary.



Sec.  58.420  Hoops, forms and followers.

    The hoops, forms, and followers shall be constructed of stainless 
steel, heavy tinned steel or other approved materials. If tinned, they 
shall be kept tinned and free from rust. All hoops, forms, and followers 
shall be kept in good repair. Drums or other special forms used to press 
and store cheese shall be clean and sanitary.



Sec.  58.421  Press.

    The cheese press should be constructed of stainless steel and all 
joints welded and all surfaces, seams and openings readily cleanable. 
The pressure device shall be the continuous type. Press cloths shall be 
maintained in good repair and in a sanitary condition. Single service 
press cloths shall be used only once.



Sec.  58.422  Brine tank.

    The brine tank shall be constructed of suitable non-toxic material 
and should be resistant to corrosion, pitting or flaking. The brine tank 
shall be operated so as to assure the brine is clean, well circulated, 
and of the proper strength and temperature for the variety of cheese 
being made.



Sec.  58.423  Cheese vacuumizing chamber.

    The vacuum chamber shall be satisfactorily constructed and 
maintained so that the product is not contaminated with rust or flaking 
paint. An inner liner of stainless steel or other corrosion resistant 
material should be provided.



Sec.  58.424  Monorail.

    The monorail shall be constructed so as to prevent foreign material 
from falling on the cheese or cheese containers.



Sec.  58.425  Conveyor for moving and draining block or barrel cheese.

    The conveyor shall be constructed so that it will not contaminate 
the cheese and be easily cleaned. It shall be installed so that the 
press drippings will not cause an environmental problem.



Sec.  58.426  Rindless cheese wrapping equipment.

    The equipment used to heat seal the wrapper applied to rindless 
cheese shall have square interior corners, reasonably smooth interior 
surface and have controls that shall provide uniform

[[Page 147]]

pressure and heat equally to all surfaces. The equipment used to apply 
shrinkable wrapping material to rindless cheese shall operate to 
maintain the natural intended shape of the cheese in an acceptable 
manner, reasonably smooth surfaces on the cheese and tightly adhere the 
wrapper to the surface of the cheese.



Sec.  58.427  Paraffin tanks.

    The metal tank should be adequate in size, have wood rather than 
metal racks to support the cheese, have heat controls and an indicating 
thermometer. The cheese wax shall be kept clean.



Sec.  58.428  Speciality equipment.

    All product contact areas of speciality equipment shall be 
constructed of stainless steel or of material approved in the 3-A 
Sanitary Standards for Plastic and Rubber and Rubber-Like Material, and 
constructed following 3-A Sanitary Standards principles.



Sec.  58.429  Washing machine.

    When used, the washing machine for cheese cloths and bandages shall 
be of commercial quality and size; or of sufficient size to handle the 
applicable load. It should be equipped with temperature and water level 
controls.

                 Quality Specifications for Raw Material



Sec.  58.430  Milk.

    The milk shall be fresh, sweet, pleasing and desirable in flavor and 
shall meet the requirements as outlined under Sec. Sec.  58.132 through 
58.138. The milk may be adjusted by separating part of the fat from the 
milk or by adding one or more of the following dairy products: Cream, 
skim milk, concentrated skim milk, nonfat dry milk, and water in a 
quantity sufficient to reconstitute any concentrated or dry milk used. 
Such dairy products shall have originated from raw milk meeting the same 
requirements as outlined under Sec. Sec.  58.132 through 58.138.



Sec.  58.431  Hydrogen peroxide.

    The solution shall comply with the specification of the U.S. 
Pharmacopeia, except that it may exceed the concentration specified 
therein and it does not contain added preservative. Application and 
usage shall be as specified in the ``Definitions and Standards of 
Identity for Cheese and Cheese Products'', Food and Drug Administration.



Sec.  58.432  Catalase.

    The catalase preparation shall be a stable, buffered solution, 
neutral in pH, having a potency of not less than 100 Keil units per 
milliliter. The source of the catalase, its application and usage shall 
be as specified in the ``Definitions and Standards of Identity for 
Cheese and Cheese Products,'' Food and Drug Administration.



Sec.  58.433  Cheese cultures.

    Harmless microbial cultures used in the development of acid and 
flavor components in cheese shall have a pleasing and desirable taste 
and odor and shall have the ability to actively produce the desired 
results in the cheese during the manufacturing process.



Sec.  58.434  Calcium chloride.

    Calcium chloride, when used, shall meet the requirements of the Food 
Chemical Codex.



Sec.  58.435  Color.

    Coloring when used, shall be Annatto or any cheese or butter color 
which meet the requirements of the Food and Drug Administration.



Sec.  58.436  Rennet, pepsin, other milk clotting enzymes and flavor enzymes.

    Enzyme preparations used in the manufacture of cheese shall be safe 
and suitable.



Sec.  58.437  Salt.

    The salt shall be free-flowing, white refined sodium chloride and 
shall meet the requirements of the Food Chemical Codex.

                   Operations and Operating Procedures



Sec.  58.438  Cheese from pasteurized milk.

    If the cheese is labeled as pasteurized, the milk shall be 
pasteurized by

[[Page 148]]

subjecting every particle of milk to a minimum temperature of 161 
[deg]F. for not less than 15 seconds or by any other acceptable 
combination of temperature and time treatment approved by the 
Administrator. HTST pasteurization units shall be equipped with the 
proper controls and equipment to assure pasteurization. If the milk is 
held more than 2 hours between the time of pasteurization and setting, 
it shall be cooled to 45 [deg]F. or lower until time of setting.



Sec.  58.439  Cheese from unpasteurized milk.

    If the cheese is labeled as ``heat treated'', ``unpasteurized,'' 
``raw milk'', or ``for manufacturing'' the milk may be raw or heated at 
temperatures below pasteurization. Cheese made from unpasteurized milk 
shall be cured for a period of 60 days at a temperature not less than 35 
[deg]F. If the milk is held more than 2 hours between time of receipt or 
heat treatment and setting, it shall be cooled to 45 [deg]F. or lower 
until time of setting.



Sec.  58.440  Make schedule.

    A uniform schedule should be established and followed as closely as 
possible for the various steps of setting, cutting, cooking, draining 
the whey and milling the curd, to promote a uniform quality of cheese.



Sec.  58.441  Records.

    Starter and make records should be kept at least three months.

(Approved by the Office of Management and Budget under OMB control 
number 0583-0047) \1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See table appearing in Sec.  58.100 for correct 
OMB control number.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 
FR 745, Jan. 7, 1982]



Sec.  58.442  Laboratory and quality control tests.

    (a) Chemical analyses--(1) Milkfat and moisture. One sample shall be 
tested from each vat of the finished cheese to assure compliance with 
composition requirements.
    (2) Test method. Chemical analysis shall be made in accordance with 
the methods described in Official Methods of Analysis of the Association 
of Official Analytical Chemists as specified in the appropriate 
standards of identity, the latest edition of Standard Methods or by 
other methods giving equivalent results.
    (b) Weight or volume control. Representative samples of the finished 
product shall be checked during the packaging operation to assure 
compliance with the stated net weight on the container of consumer size 
packages.



Sec.  58.443  Whey handling.

    (a) Adequate sanitary facilities shall be provided for the handling 
of whey. If outside, necessary precautions shall be taken to minimize 
flies, insects and development of objectionable odors.
    (b) Whey or whey products intended for human food shall at all times 
be handled in a sanitary manner in accordance with the procedures of 
this subpart as specified for handling milk and dairy products.
    (c) Milkfat from whey should not be more than four days old when 
shipped.



Sec.  58.444  Packaging and repackaging.

    (a) Packaging rindless cheese or cutting and repackaging all styles 
of bulk cheese shall be conducted under rigid sanitary conditions. The 
atmosphere of the packaging rooms, the equipment and the packaging 
material shall be practically free from mold and bacterial 
contamination.
    (b) When officially graded bulk cheese is to be repackaged into 
consumer type packages with official grade labels or other official 
identification, a supervisor of packaging shall be required. If the 
repackaging is performed in a plant other than the one in which the 
cheese is manufactured and the product is officially identified, the 
plant, equipment, facilities and personnel shall meet the same 
requirements as outlined in this part.



Sec.  58.445  General identification.

    Bulk cheese for cutting and the container for cheese for 
manufacturing shall be legibly marked with the name

[[Page 149]]

of the product, code or date of manufacture, vat number, officially 
designated code number or name and address of manufacturer. Each 
consumer sized container shall meet the applicable regulations of the 
Food and Drug Administration.

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.446  Quality requirements.

    (a) Cheddar cheese. The quality requirements for Cheddar cheese 
shall be in accordance with the U.S. Standards for Grades of Cheddar 
Cheese.
    (b) Colby cheese. The quality requirements for Colby cheese shall be 
in accordance with the U.S. Standards for Grades of Colby Cheese.
    (c) Monterey (Monterey Jack) cheese. The quality requirements for 
Monterey (Monterey Jack) cheese shall be in accordance with the U.S. 
Standards for Grades of Monterey (Monterey Jack) Cheese.
    (d) Swiss cheese, Emmentaler cheese. The quality requirements for 
Swiss cheese, Emmentaler cheese shall be in accordance with the U.S. 
Standards for Grades for Swiss Cheese, Emmentaler Cheese.
    (e) Bulk American cheese for manufacturing. The quality requirements 
for bulk American cheese for manufacturing shall be in accordance with 
the U.S. Standards for Grades of Bulk American Cheese for Manufacturing.

   Supplemental Specifications for Plants Manufacturing and Packaging 
                             Cottage Cheese

                               Definitions



Sec.  58.505  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the 
following terms shall have the following meaning:
    (a) Condensed skim. Skim milk which has been condensed to 
approximately one-third the original volume in accordance with standard 
commercial practice.
    (b) Cottage cheese. (1) The soft uncured cheese meeting the 
requirements of the Food and Drug Administration for dry curd cottage 
cheese (21 CFR 133.129).
    (2) Cottage Cheese. The soft uncured cheese meeting the requirements 
of the Food and Drug Administration for cottage cheese (21 CFR 133.128).
    (3) Reduced Fat, Light, and Fat Free Cottage Cheese. The products 
conforming to all applicable Federal Regulations including ``Cottage 
cheese,'' Food and Drug Administration (21 CFR 133.128), ``Dry curd 
cottage cheese,'' Food and Drug Administration (21 CFR 133.129), 
``Nutrient content claims for fat, fatty acid, and cholesterol content 
of foods,'' Food and Drug Administration (21 CFR 101.62), and 
``Requirements for foods named by use of a nutrient content claim and a 
standardized term,'' Food and Drug Administration (21 CFR 130.10).
    (c) Direct acidification. The production of cottage cheese, without 
the use of bacterial starter cultures, through the use of approved food 
grade acids. This product shall be labeled according to the requirements 
of the Food and Drug Administration, 21 CFR 133.128 or 133.129, as 
appropriate.
    (d) Cottage Cheese with fruits, nuts, chives, or other vegetables. 
Shall consist of cottage cheese to which has been added fruits, nuts, 
chives, and other vegetables. The finished cheese shall comply with the 
requirements of the Food and Drug Administration for cottage cheese (21 
CFR 133.128).
    (e) Cream. The milkfat portion of milk which rises to the surface of 
milk on standing or is separated from it by centrifugal force and 
contains not less than 18.0 percent of milkfat.
    (f) Creaming mixture. The creaming mixture consists of cream or a 
mixture of cream with milk or skim milk or both. To adjust the solids 
content, nonfat dry milk or concentrated skim milk may be added but not 
to exceed 3.0 percent by weight of the creaming mixture. It may or may 
not contain a culture of harmless lactic acid and flavor producing 
bacteria, food grade acid, salt, and stabilizers with or without 
carriers. The creaming mixture in its

[[Page 150]]

final form may or may not be homogenized and shall conform to the 
requirements of the Food and Drug Administration (21 CFR 133.128(b)).

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]

                         Rooms and Compartments



Sec.  58.510  Rooms and compartments.

    (a) Processing operations with open cheese vats should be separated 
from other rooms or areas. Excessive personnel traffic or other possible 
contaminating conditions should be avoided. Rooms, compartments, 
coolers, and dry storage space in which any raw material, packaging or 
ingredients supplies or finished products are handled, processed, 
packaged or stored shall be designed and constructed to assure clean and 
orderly operations.
    (b) Ventilation. Processing and packaging rooms or compartments 
shall be ventilated to maintain sanitary conditions, preclude the growth 
of mold and air borne bacterial contaminants, prevent undue condensation 
of water vapor and minimize or eliminate objectionable odors. To 
minimize air borne contamination in processing and packaging rooms a 
filtered air supply meeting the requirements of Sec.  58.510(c) shall be 
provided. The incoming air shall exert an outward pressure so that the 
movement of air will be outward and prevent the movement of unfiltered 
air inward.
    (c) Starter facility. A separate starter room or properly designed 
starter tanks and satisfactory air movement techniques shall be provided 
for the propagation and handling of starter cultures. All necessary 
precautions shall be taken to prevent contamination of the room, 
equipment and the air therein. A filtered air supply with a minimum 
average efficiency of 90% when tested in accordance with the ASHRAE 
Synthetic Dust Arrestance Test should be provided so as to obtain an 
outward movement of air from the room to minimize contamination.
    (d) Coolers. Coolers shall be equipped with facilities for 
maintaining proper temperature and humidity conditions, consistent with 
good commercial practices for the applicable product, to protect the 
quality and condition of the products. Coolers shall be kept clean, 
orderly and free from mold, and maintained in good repair. They shall be 
adequately lighted and proper circulation of air shall be maintained at 
all times. The floors, walls, and ceilings shall be of such construction 
as to permit thorough cleaning.

                         Equipment and Utensils



Sec.  58.511  General construction, repair and installation.

    The equipment and utensils used for the manufacture and handling of 
cottage cheese shall be as specified in Sec.  58.128. In addition for 
certain other equipment the following requirements shall be met.



Sec.  58.512  Cheese vats or tanks.

    (a) Cheese vats or tanks shall meet the requirements of Sec.  
58.416. When direct steam injection is used for heating the milk, the 
vat or tank may be of single shell construction. The steam shall be 
culinary steam.
    (b) Vats shall be equipped with valves to control the heating and 
cooling medium and a suitable sanitary outlet valve. Vats used for 
creaming curd should be equipped with a refrigerated cooling medium. A 
circulating pump for the heating and cooling medium is recommended.



Sec.  58.513  Agitators.

    Mechanical agitators shall meet the requirements of Sec.  58.417.



Sec.  58.514  Container fillers.

    Shall comply with the 3-A Sanitary Standards for Equipment for 
Packaging Frozen Desserts and Cottage Cheese.



Sec.  58.515  Mixers.

    Only mixers shall be used which will mix the cheese carefully and 
keep shattering of the curd particles to a minimum. They shall be 
constructed in such a manner as to be readily cleanable. If shafts 
extend through the wall of the tank below the level of the product, they 
shall be equipped with proper seals which are readily removable for 
cleaning and sanitizing. The mixer

[[Page 151]]

shall be enclosed or equipped with tight fitting covers.



Sec.  58.516  Starter vats.

    Bulk starter vats shall meet the requirements of Sec.  58.415.

                 Quality Specifications for Raw Material



Sec.  58.517  General.

    Raw materials used for manufacturing cottage cheese shall meet the 
following quality specifications.



Sec.  58.518  Milk.

    The selection of raw milk for cottage cheese shall be in accordance 
with Sec. Sec.  58.132 through 58.138.



Sec.  58.519  Dairy products.

    (a) Raw skim milk. All raw skim milk obtained from a secondary 
source shall be separated from milk meeting the same quality 
requirements for milk as outlined in Sec.  58.518 above. Skim milk after 
being pasteurized and separated shall be cooled to 45 [deg]F. or lower 
unless the skim milk is to be set for cheese within two hours after 
pasteurizing. The skim milk should not be more than 48 hours old from 
the time the milk was received at the plant and the skim milk is set for 
cheese.
    (b) Nonfat dry milk. Nonfat dry milk, when used, shall be obtained 
from milk meeting the same quality requirements as outlined in Sec.  
58.518 above. It shall be processed according to the requirements of 
this Subpart, and should meet the requirements of Sec.  58.236(b)(3).
    (c) Condensed skim milk. Condensed skim milk, if used, shall be 
prepared from raw milk or skim milk that meets the same quality 
requirements outlined above for raw milk or skim milk. It shall be 
cooled promptly after drawing from the vacuum pan or evaporator and 
shall have been pasteurized before concentrating or during the 
manufacture. The standard plate count of the concentrated milk shall not 
exceed 30,000 per ml. at time of use.
    (d) Cream. Any cream used for preparing the dressing for creamed 
cottage cheese shall be separated from milk meeting at least the same 
quality requirements as the skim milk used for making the curd. The 
flavor of the cream shall be fresh and sweet. Cream obtained from a 
secondary source shall meet the same requirements. The creaming mixture 
prepared from this cream, after pasteurization, shall have a standard 
plate count of no more than 30,000 per ml.



Sec.  58.520  Nondairy ingredients.

    (a) Calcium chloride. Calcium chloride, when used, shall be of food 
grade quality and free from extraneous material.
    (b) Salt. Salt shall be free flowing, white refined sodium chloride 
and shall meet the requirements of The Food Chemical Codex.
    (c) Other ingredients. Other ingredients such as fruits, nuts, 
chives or other vegetables used or blended with cottage cheese shall be 
reasonably free of bacteria so as not to appreciably increase the 
bacterial count of the finished product. The various ingredients in kind 
shall be consistent in size and color so as to produce the desired 
appearance and appeal of the finished product. The flavor of the 
ingredients used shall be natural and represent the intended flavor and 
intensity desired in the finished product. Such ingredients shall be 
clean, wholesome, of uniformly good quality, free from mold, rancid or 
decomposed particles. Vegetables used in cottage cheese may first be 
soaked for 15 to 20 minutes in a cold 25 to 50 ppm chlorine solution to 
appreciably reduce the bacterial population. After soaking, the 
vegetables shall be drained and used soon thereafter.

                   Operations and Operating Procedures



Sec.  58.521  Pasteurization and product flow.

    (a) The skim milk used for the manufacture of cottage cheese shall 
be pasteurized not more than 24 hours prior to the time of setting by 
heating every particle of skim milk to a temperature of 161 [deg]F. for 
not less than 15 seconds or by any other combination of temperature and 
time giving equivalent results. All skim milk must be cooled promptly to 
setting temperature. If held more than two hours between pasteurization 
and time of setting, the

[[Page 152]]

skim milk shall be cooled and held at 45 [deg]F. or lower until set.
    (b) Cream or cheese dressing shall be pasteurized at not less than 
150 [deg]F. for not less than 30 minutes or at not less than 166 [deg]F. 
for not less than 15 seconds or by any other combination of temperature 
and time treatment giving equivalent results. Cream and cheese dressing 
shall be cooled promptly to 40 [deg]F. or lower after pasteurization to 
aid in further cooling of cottage cheese curd for improved keeping 
quality.
    (c) Reconstituted nonfat dry milk for cottage cheese manufacture 
need not be re-pasteurized provided it is reconstituted within two hours 
prior to the time of setting using water which is free from viable 
pathogenic or otherwise harmful microorganisms as well as microorganisms 
which may cause spoilage of cottage cheese. Skim milk separated from 
pasteurized whole milk need not be re-pasteurized provided it is 
separated in equipment from which all traces of raw milk from previous 
operations have been removed by proper cleaning and sanitizing.



Sec.  58.522  Reconstituting nonfat dry milk.

    Nonfat dry milk shall be reconstituted in a sanitary manner.



Sec.  58.523  Laboratory and quality control tests.

    (a) Quality control tests shall be made on samples as often as 
necessary to determine the shelf-life and stability of the finished 
product. Routine analyses shall be made on raw materials and finished 
product to assure satisfactory composition, shelf-life and stability.
    (b) Frequency of sampling--(1) Microbiological. Samples of raw milk 
for testing shall be taken as prescribed in Sec.  58.135. Representative 
samples shall be taken of finished cottage cheese and from each lot or 
batch of product used as an ingredient. For keeping quality tests 
representative samples shall be taken of finished cottage cheese;
    (2) Chemical--(i) Milkfat and Moisture. Representative samples shall 
be taken of cottage cheese; dry cottage cheese shall be tested for 
moisture only.
    (ii) pH. Representative samples shall be taken of finished cottage 
cheese.
    (c) Test methods--(1) Microbiological. Microbiological 
determinations shall be made for coliform, psychrotrophic and yeasts and 
molds. These tests shall be made in accordance with the methods 
described in the latest edition of Standard Methods for the Examination 
of Dairy Products, published by the American Public Health Association.
    (2) Chemical. Chemical analysis shall be made in accordance with the 
methods described in the latest edition of Official Methods of Analysis 
of the Association of Official Analytical Chemists, published by the 
Association of Official Analytical Chemists, the latest edition of 
Standard Methods for the Examination of Dairy Products, or by other 
methods giving equivalent results.



Sec.  58.524  Packaging and general identification.

    (a) Containers. Containers used for packaging cottage cheese shall 
be any commercially acceptable multiple use or single service container 
or packaging material which will satisfactorily protect the contents 
through the regular channels of trade without significant impairment of 
quality with respect to flavor, or contamination under normal conditions 
of handling. Caps or covers which extend over the lip of the container 
shall be used on all cups or tubs containing two pounds or less, to 
protect the product from contamination during subsequent handling.
    (b) Packaging. The cheese shall be packaged in a sanitary manner and 
automatic filling and capping equipment shall be used on all small 
sizes. The containers shall be checked weighed during the filling 
operation to assure they are filled uniformly to not less than the 
stated net weight on the container. Also care shall be taken that the 
cottage cheese be of uniform consistency at the time of packaging to 
assure legal composition in all packages.
    (c) General identification. Bulk packages containing cottage cheese 
shall be adequately and legibly marked with the name of the product, net 
weight, name and address of the manufacturer, lot number, code or date 
of packaging and any other identification as may be

[[Page 153]]

required. Consumer size packaged products shall meet the applicable 
regulations of the Food and Drug Administration.



Sec.  58.525  Storage of finished product.

    Cottage cheese after packaging shall be promptly stored at a 
temperature of 45 [deg]F. or lower to maintain quality and condition 
until loaded for distribution. During distribution and storage prior to 
sale the product should be maintained at a temperature of 45 [deg]F. or 
lower. The product shall not be exposed to foreign odors or conditions 
such as drippage or condensation that might cause package or product 
damage. Packaged cottage cheese shall not be placed directly on floors.

  Requirements for Cottage Cheese Bearing USDA Official Identification



Sec.  58.526  Official identification.

    (a) Only cottage cheese manufactured and packaged in accordance with 
the requirements of this part and with the applicable requirements in 
subpart A of this part which has been officially inspected in process 
and found to be in compliance with these requirements may be identified 
with the official USDA Quality Approved Inspection Shield.
    (b) Nonfat dry milk. Nonfat dry milk, when used in cottage cheese 
bearing official identification, shall meet the requirements for U.S. 
Extra Grade (Spray Process), at time of use, and should be of U.S. Low 
Heat Classification (not less than 6.0 mg. undenatured whey protein 
nitrogen per gram of nonfat dry milk). In addition, the nonfat dry milk 
shall have a direct microscopic count not exceeding 75 million per gram. 
The age of the nonfat dry milk shall be covered by a USDA grading 
certificate, evidencing compliance with quality requirements, dated not 
more than 6 months prior to use of the dry milk. In the interim between 
manufacture and use, the nonfat dry milk shall be stored in a clean, 
dry, vermin-free space. In any case, if the nonfat dry milk is more than 
120 days old, at time of use, it shall be examined for flavor to make 
certain that it meets the requirements for U.S. Extra Grade.



Sec.  58.527  Physical requirements.

    (a) Flavor. The cottage cheese shall possess a mild pleasing flavor, 
similar to fresh whole milk or light cream and may possess the delicate 
flavor and aroma of a good lactic starter. The product may possess to a 
slight degree a feed, acid, or salty flavor but shall be free from 
chalky, bitter, utensil, fruity, yeasty, or other objectionable flavors.
    (b) Body and texture. The curd particles shall have a meaty texture, 
but sufficiently tender to permit proper absorption of cream or cheese 
dressing. The texture shall be smooth and velvety and shall not be 
mealy, crumbly, pasty, sticky, mushy, watery, rubbery or slimy or 
possess any other objectionable characteristics of body and texture. 
Small curd style (cut with \1/4\ inch knives) should have curd particles 
approximately \1/4\ inch or less in size. Large curd style (cut with 
knives over \1/4\ inch) should have curd particles approximately \3/8\ 
inch or more in size.
    (c) Color and appearance. The finished cottage cheese, creamed or 
plain curd, shall have an attractive natural color and appearance with 
curd particles of reasonably uniform size. The creamed cottage cheese 
shall be uniformly mixed with the cream or dressing properly absorbed or 
adhering to the curd so as to prevent excessive drainage.



Sec.  58.528  Microbiological requirements.

    Compliance shall be based on 3 out of 5 consecutive samples taken at 
the time of packaging.
    (a) Coliform. Not more than 10 per gram.
    (b) Psychrotrophic. No more than 100 per gram.
    (c) Yeasts and molds. Not more than 10 per gram.



Sec.  58.529  Chemical requirements.

    (a) Moisture. See Sec.  58.505(b).
    (b) Milkfat. See Sec.  58.505(b).
    (c) pH. Not higher than 5.2.
    (d) Phosphatase. Not more than 4 micrograms of phenol equivalent per 
gram of cheese.



Sec.  58.530  Keeping quality requirements.

    Keeping quality samples taken from the packaging line shall be held 
at 45 [deg]F. for 10 days. At the end of the 10 day

[[Page 154]]

period the samples shall possess a satisfactory flavor and appearance, 
and shall be free from bitter, sour, fruity, or other objectionable 
tastes and odors. The surface shall not be discolored, translucent, 
slimy or show any other objectionable condition.

  Supplemental Specifications for Plants Manufacturing, Processing and 
                        Packaging Frozen Desserts

                               Definitions



Sec.  58.605  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the 
following terms shall have the following meaning as applied to frozen 
desserts meeting FDA requirements and briefly defined as follows:
    (a) Ice cream. The product conforming to the requirements of the 
Food and Drug Administration for ice cream (21 CFR 135.110).
    (b) Frozen custard. The product conforming to the requirements of 
the Food and Drug Administration for frozen custard (21 CFR 135.110).
    (c) Reduced Fat, Light, or Fat free Ice Cream. The products 
conforming to all applicable Federal Regulations including ``Ice cream 
and frozen custard,'' Food and Drug Administration (21 CFR 135.110), 
``Nutrient content claims for fat, fatty acid, and cholesterol content 
of foods,'' Food and Drug Administration (21 CFR 101.62), and 
``Requirements for foods named by use of a nutrient content claim and a 
standardized term,'' Food and Drug Administration (21 CFR 130.10).
    (d) Sherbet. The product conforming to the requirements of the Food 
and Drug Administration for sherbet (21 CFR 135.140).
    (e) Mellorine. The product conforming to the requirements of the 
Food and Drug Administration for mellorine (21 CFR 135.130).
    (f) Overrun. The trade expression used to reference the increase in 
volume of the frozen product over the volume of the mix. This increase 
in volume is due to air being whipped into the product during the 
freezing process. It is expressed as percent of the volume of the mix.
    (g) Mix. The trade name for the combined and processed ingredients 
which after freezing become a frozen dessert.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]

                         Rooms and Compartments



Sec.  58.619  Mix processing room.

    The rooms used for combining mix ingredients and processing the mix 
shall meet the applicable requirements for rooms specified in Sec.  
58.126. The room shall be ventilated to remove moisture and prevent 
condensation from forming on walls and ceiling. The room shall be well 
lighted.



Sec.  58.620  Freezing and packaging rooms.

    The rooms used for freezing and packaging frozen desserts shall be 
adequate in size to permit satisfactory air circulation and maintained 
in a clean and sanitary condition. The rooms shall be constructed in the 
same manner as prescribed above for mix rooms.



Sec.  58.621  Freezing tunnels.

    Freezing tunnels for quick freezing at extremely low temperatures 
shall be designed and constructed as to insure ease in cleaning and 
satisfactory conditions of operation.



Sec.  58.622  Hardening and storage rooms.

    Hardening and storage rooms for frozen desserts shall be constructed 
of satisfactory material for this purpose. The rooms shall be maintained 
in a clean and orderly manner. Adequate shelves, bins, or pallets shall 
be provided to keep the packages of finished products off the floor and 
to prevent damage to the containers. Sufficient refrigeration should be 
provided to insure adequate storage temperature (-10[deg] or lower). Air 
shall be circulated to maintain uniform temperature throughout the 
rooms. A vestibule or double entry way should be provided to minimize 
heat shock of the frozen products.

[[Page 155]]

                         Equipment and Utensils



Sec.  58.623  Homogenizer.

    Homogenizer shall comply with 3-A Sanitary Standards.



Sec.  58.624  Freezers.

    Product contact surfaces of freezers used to lower the temperature 
of the liquid mix to a semi-frozen mass by a stirring action shall be 
constructed of a stainless steel or equally corrosion resistant metal 
and all parts easily accessible for cleaning and sanitizing. Batch and 
continuous freezers should comply with the applicable 3-A Standards.



Sec.  58.625  Fruit or syrup feeders.

    Fruit or syrup feeders inject flavoring material into the semi-
frozen product. Product contact surfaces shall be constructed of 
stainless steel or equally corrosion resistant metal and all pumps shall 
be in accordance to 3-A Sanitary Standards for dairy equipment. The 
feeder shall be constructed to enable complete disassembly for cleaning 
and sanitizing.



Sec.  58.626  Packaging equipment.

    Packaging equipment designed to mechanically fill and close single 
service containers with frozen desserts shall be constructed so that all 
product contact surfaces shall be of stainless steel or equally 
corrosion-resistant metal. All product contact surfaces shall be easily 
accessible for cleaning. The design and operation of the machine shall 
in no way contaminate the container of the finished product placed 
therein. New or replacement equipment shall comply with the 3A Sanitary 
Standards for Equipment for Packaging Frozen Desserts and Cottage 
Cheese.

                 Quality Specifications for Raw Material



Sec.  58.627  Milk and dairy products.

    To produce ice cream and related products the raw milk and cream 
shall meet the quality requirements as prescribed in Sec. Sec.  58.132 
through 58.138, except that only commingled milk and cream meeting the 
bacteriological requirements of No. 1 shall be used.



Sec.  58.628  Sweetening agents.

    Sweetening agents shall be clean and wholesome and consist of one or 
more of the approved sweeteners listed in Sec.  58.605.



Sec.  58.629  Flavoring agents.

    Flavoring agents either natural or artificial shall be wholesome and 
free from undesirable flavors. They must impart the desired 
characteristic to the finished product. Flavoring agents shall be one or 
more of those approved in Sec.  58.605.



Sec.  58.630  Stabilizers.

    Stabilizers shall be clean and wholesome and consist of one or more 
of those approved in Sec.  58.605.



Sec.  58.631  Emulsifiers.

    Emulsifiers shall be clean and wholesome and consist of one or more 
of those approved in Sec.  58.605.



Sec.  58.632  Acid.

    Acids used in sherbet shall be wholesome and of food grade quality 
and consist of one or more of those approved in Sec.  58.605.



Sec.  58.633  Color.

    Coloring used for ice cream and related products shall be those 
certified by the U.S. Food and Drug Administration as safe for human 
consumption.

                   Operations and Operating Procedures



Sec.  58.634  Assembling and combining mix ingredients.

    The assembling and combining of mix ingredients for processing shall 
be in accordance with clean and sanitary methods and shall be consistent 
with good commercial practices. All raw materials shall be subjected to 
inspection for quality and condition prior to being combined and 
processed into the finished mix. All necessary precautions shall be 
taken to prevent the contamination of any raw material or the finished 
mix with any foreign substance.



Sec.  58.635  Pasteurization of the mix.

    Every particle of the mix, except added flavoring ingredients, shall 
be

[[Page 156]]

pasteurized at not less than 155 [deg]F. and held at that temperature 
for 30 minutes or for 175 [deg]F. for 25 seconds; or it may be 
pasteurized by any other equivalent temperature and holding time which 
will assure adequate pasteurization.



Sec.  58.636  Homogenization.

    Homogenization of the pasteurized mix shall be accomplished to 
effectively reduce the size of the milkfat globules and evenly disperse 
them throughout the mix.



Sec.  58.637  Cooling the mix.

    The mix shall be immediately cooled to a temperature of 45 [deg]F. 
or lower, and stored at this temperature until further processing 
begins.



Sec.  58.638  Freezing the mix.

    After the mix enters the freezer, it shall be frozen as rapidly as 
possible to assure the formation of minute crystals. Proper adjustment 
of rate of flow, refrigerant and air pressure controls shall be achieved 
to assure correct overrun and consistency of the product for packaging 
and further freezing.



Sec.  58.639  Addition of flavor.

    The addition of flavoring ingredients to semi-frozen mix just prior 
to packaging shall be performed in a clean and sanitary manner. Care 
shall be taken to insure the flavor injection equipment has been 
properly cleaned and sanitized prior to use and that the flavor 
ingredients are of good quality and wholesome.



Sec.  58.640  Packaging.

    The packaging of the semifrozen product shall be done by means which 
will in no way contaminate the container or the product. When single 
service containers and lids are used, they shall be of good construction 
and protect the finished product. Containers used for frozen products 
shall be stored and handled in a sanitary manner so as to protect them 
from dust and bacterial contamination.



Sec.  58.641  Hardening and storage.

    Immediately after the semifrozen product is placed in its intended 
container it shall be placed in a hardening tunnel or hardening room to 
continue the freezing process. Rapid freezing to 0[deg] to -15 [deg]F is 
desirable to produce a good textured product.



Sec.  58.642  Quality control tests.

    All mix ingredients shall be subject to inspection for quality and 
condition throughout each processing operation. Quality control tests 
shall be made on flow line samples as often as necessary to check the 
effectiveness of processing and sanitation and as an aid in correcting 
deficiencies. Routine analysis shall be made on raw materials and 
finished products to assure adequate composition, weight or volume 
control.



Sec.  58.643  Frequency of sampling.

    (a) Microbiological. Representative samples shall be taken from each 
type of mix, and for the finished frozen product one sample from each 
flavor made.
    (b) Composition. Representative samples shall be tested for fat and 
solids-not-fat on each type of mix manufactured. Spot checks shall be 
made on the finished products as often as is necessary to assure 
compliance with composition standards.
    (c) Weight or volume control. Representative samples of the packaged 
products shall be checked during the packaging operation to assure 
compliance with the stated volume on the container as well as weight and 
overrun requirements.



Sec.  58.644  Test methods.

    (a) Microbiological. Microbiological determinations shall be made in 
accordance with the methods described in the latest edition of Standard 
Methods for the Examination of Dairy Products.
    (b) Chemical. Chemical analysis shall be made in accordance with the 
methods described in the latest edition of Official Methods of Analysis 
of the Association of Official Analytical Chemists, the latest edition 
of Standard Methods, or by other methods giving equivalent results.



Sec.  58.645  General identification.

    The various types of frozen desserts shall be packaged and labeled 
in accordance with the applicable regulations of the Food and Drug 
Administration.

[[Page 157]]

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.646  Official identification.

    (a) Only ice cream and related products manufactured and packaged in 
accordance with the requirements of this part and with the applicable 
requirements in subpart A of this part which have been officially 
inspected in process and found to be in compliance with these 
requirements may be identified with the official USDA Quality Approved 
Inspection Shield.
    (b) Dairy products used in the manufacture of frozen desserts for 
which there are U.S. grades established (nonfat dry milk, whole milk, 
buttermilk and whey) shall be U.S. Extra Grade or better, and in the 
case of unsalted butter, shall be no lower than U.S. Grade A. Dairy 
products for which there are not USDA grade shall meet the applicable 
requirements of this part which permit such product to bear the USDA 
Quality Approved Inspection Shield.



Sec.  58.647  Composition requirements for ice cream.

    See Sec.  58.605(a).



Sec.  58.648  Microbiological requirements for ice cream.

    The finished product shall contain not more than 50,000 bacteria per 
gram as determined by the standard plate count, and shall contain not 
more than 10 coliform organisms per gram for plain and not more than 20 
coliform per gram in chocolate, fruit, nut or other flavors in three out 
of five samples.



Sec.  58.649  Physical requirements for ice cream.

    (a) Flavor. The flavor of the finished ice cream shall be pleasing 
and desirable, and characteristic of the fresh milk and cream and the 
particular flavoring used.
    (b) Body and texture. The body shall be firm, have substance and 
readily melt to a creamy consistency when exposed to room temperatures; 
the texture shall be fine, smooth, and have the appearance of creaminess 
throughout.
    (c) Color. The color shall be attractive, pleasing, uniform and 
characteristic of the flavor represented.



Sec.  58.650  Requirements for frozen custard.

    The same requirements apply as for ice cream except plain frozen 
custard shall have a minimum egg yolk solids content of 1.4 percent, and 
1.12 percent when fruits, nuts and other such ingredients are used for 
flavoring.



Sec.  58.651  [Reserved]



Sec.  58.652  Composition requirements for sherbet.

    See Sec.  58.605(d).



Sec.  58.653  Microbiological requirements for sherbet.

    The finished product shall contain not more than 50,000 bacteria per 
gram as determined by the standard plate count and shall contain not 
more than 10 coliform organisms per gram in three out of five samples.



Sec.  58.654  Physical requirements for sherbet.

    (a) Flavor. The flavor of the finished sherbet shall be pleasing and 
desirable and characteristic of the particular flavoring used and shall 
impart a sweet yet tart sensation.
    (b) Body and texture. The body shall be firm, compact, somwhat chewy 
and readily melt to an even syrupy consistency at room temperatures; the 
texture shall be smooth but not as fine as in ice cream and shall be 
even throughout.
    (c) Color. The color shall be attractive, pleasing, uniform and 
characteristic of the flavor represented.

  Supplemental Specifications for Plants Manufacturing, Processing and 
        Packaging Pasteurized Process Cheese and Related Products

                               Definitions



Sec.  58.705  Meaning of words.

    (a) Pasteurized process cheese and related products. Pasteurized 
process cheese and related products are the foods which conform to the 
applicable requirements of the Food and Drug Administration for cheeses 
and related cheese products (21 CFR part 133).
    (b) Blend set up. The trade term for a particular group of vat lots 
of cheese

[[Page 158]]

selected to form a blend based upon their combined ability to impart the 
desired characteristics to a pasteurized process cheese product.
    (c) Cooker batch. The amount of cheese and added optional 
ingredients placed into a cooker at one time, heated to pasteurization 
temperature, and held for the required length of time.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]

                         Equipment and Utensils



Sec.  58.706  General construction, repair and installation.

    The equipment and utensils used for the handling and processing of 
cheese products shall be as specified in Sec.  58.128 of this subpart. 
In addition, for certain other equipment the following requirements 
shall be met.



Sec.  58.707  Conveyors.

    Conveyors shall be constructed of material which can be properly 
cleaned, will not rust, or otherwise contaminate the cheese, and shall 
be maintained in good repair.



Sec.  58.708  Grinders or shredders.

    The grinders or shredders used in the preparation of the trimmed and 
cleaned cheese shall be of corrosion-resistant material, and of such 
construction as to prevent contamination of the cheese and to allow 
thorough cleaning of all parts and product contact surfaces.



Sec.  58.709  Cookers.

    The cookers shall be the steam jacketed or direct steam type. They 
shall be constructed of stainless steel or other equally corrosion-
resistant material. All product contact surfaces shall be readily 
accessible for cleaning. Each cooker shall be equipped with an 
indicating thermometer, and shall be equipped with a temperature 
recording device. The recording thermometer stem may be placed in the 
cooker if satisfactory time charts are obtained, if not, the stem shall 
be placed in the hotwell or filler hopper. Steam check valves on direct 
steam type cookers shall be mounted flush with cooker wall, be 
constructed of stainless steel and designed to prevent the backup of 
product into the steam line, or the steam line shall be constructed of 
stainless steel pipes and fittings which can be readily cleaned. If 
direct steam is applied to the product only culinary steam shall be used 
(see Sec.  58.127(d)).



Sec.  58.710  Fillers.

    A strainer should be installed between the cooker and the filler. 
The hoppers of all filters shall be covered but the cover may have sight 
ports. If necessary, the hopper may have an agitator to prevent buildup 
on side wall. The filler valves and head shall be kept in good repair 
and capable of accurate measurements. Product contact surfaces shall be 
of stainless steel or other corrosion resistant material.

                 Quality Specifications for Raw Material



Sec.  58.711  Cheddar, colby, washed or soaked curd, granular or 
stirred curd cheese.

    Cheese, used in the manufacture of pasteurized process cheese 
products should possess a pleasing and desirable taste and odor 
consistent with the age of the cheese; should have body and texture 
characteristics which will impart the desired body and texture 
characteristics in the finished product; and should possess finish and 
appearance characteristics which will permit removal of all packaging 
material and surface defects. The cheese should at least meet the 
requirements equivalent to U.S. Standard Grade for Bulk American Cheese 
for Manufacturing provided the quantity of the cheese with any one 
defect as listed for U.S. Standard Grade is limited to assure a 
satisfactory finished product.



Sec.  58.712  Swiss.

    Swiss cheese used in the manufacture of pasteurized process cheese 
and related products should be equivalent to U.S. Grade B or better, 
except that the cheese may be blind or possess finish characteristics 
which do not impair the interior quality.

[[Page 159]]



Sec.  58.713  Gruyere.

    Gruyere cheese used in the manufacture of process cheese and related 
products should be of good wholesome quality and except for smaller eyes 
and sharper flavor shall meet the same requirements as for Swiss cheese.



Sec.  58.714  Cream cheese, Neufchatel cheese.

    These cheeses when mixed with other foods, or used for spreads and 
dips should possess a fresh, pleasing and desirable flavor.



Sec.  58.715  Cream, plastic cream and anhydrous milkfat.

    These food products shall be pasteurized, sweet, have a pleasing and 
desirable flavor and be free from objectionable flavors, and shall be 
obtained from milk which complies with the quality requirements as 
specified in Sec. Sec.  58.132 through 58.138 of this subpart.



Sec.  58.716  Nonfat dry milk.

    Nonfat dry milk used in cheese products should meet the requirements 
equivalent to U.S. Extra Grade except that the moisture content may be 
in excess of that specified for the particular grade.



Sec.  58.717  Whey.

    Whey used in cheese products should meet the requirements equivalent 
to USDA Extra Grade except that the moisture requirement for dry whey 
may be waived.



Sec.  58.718  Flavor ingredients.

    Flavor ingredients used in process cheese and related products shall 
be those permitted by the Food and Drug Standards of Identity, and in no 
way deleterious to the quality or flavor of the finished product. In the 
case of bulky flavoring ingredients such as pimento, the particles 
should be, to at least a reasonable degree, uniform in size, shape and 
consistency. The individual types of flavoring materials should be 
uniform in color and should impart the characteristic flavor desired in 
the finished product.



Sec.  58.719  Coloring.

    Coloring shall be Annatto or any other cheese or butter color which 
is approved by the Food and Drug Administration.



Sec.  58.720  Acidifying agents.

    Acidifying agents if used shall be those permitted by the Food and 
Drug Administration for the specific pasteurized process cheese product.



Sec.  58.721  Salt.

    Salt shall be free flowing, white refined sodium chloride and shall 
meet the requirements of The Food Chemical Codex.



Sec.  58.722  Emulsifying agents.

    Emulsifying agents shall be those permitted by the Food and Drug 
Administration for the specific pasteurized process cheese product, and 
shall be free from extraneous material.

                   Operations and Operating Procedures



Sec.  58.723  Basis for selecting cheese for processing.

    A representative sample shall have been examined to determine fat 
and moisture content. One sample unit from each vat of cheese shall have 
been examined to determine the suitability of the vat for use in process 
cheese products in accordance with the flavor, body and texture 
characteristics permitted in Sec. Sec.  58.711 through 58.714 as 
applicable, and to determine the characteristics it will contribute to 
the finished product when blended with other cheese. The cheese included 
in each blend shall be selected on the basis of the desirable qualities 
which will result in the desired finished product. Recook from 
equivalent blends may be used in an amount that will not adversely 
affect the finished product. Hot cheese from the filler may be added to 
the cooker in amounts which will not adversely affect the finished 
product.



Sec.  58.724  Blending.

    To as great an extent as is practical, each vat of cheese should be 
divided and distributed throughout numerous cooker batches. The purpose 
being to

[[Page 160]]

minimize the preponderance and consequent influence of any one vat on 
the characteristics of the finished product, and to promote as much 
uniformity as is practical. In blending also consider the final 
composition requirements for fat and moisture. Quantities of salt, 
color, emulsifier and other allowable ingredients to be added shall be 
calculated and predetermined for each cooker batch.



Sec.  58.725  Trimming and cleaning.

    The natural cheese shall be cleaned free of all non-edible portions. 
Paraffin and bandages as well as rind surface, mold or unclean areas or 
any other part which is unwholesome or unappetizing shall be removed.



Sec.  58.726  Cutting and grinding.

    The trimmed and cleaned cheese should be cut into sections of 
convenient size to be handled by the grinder or shredder. The grinding 
and mixing of the blended lots of cheese should be done in such a manner 
as to insure a homogeneous mixture throughout the batch.



Sec.  58.727  Adding optional ingredients.

    As each batch is added to the cooker, the predetermined amounts of 
salt, emulsifiers, color, or other allowable optional ingredients shall 
be added. However, a special blending vat may be used to mix the ground 
cheese and other ingredients before they enter the cooker to provide 
composition control.



Sec.  58.728  Cooking the batch.

    Each batch of cheese within the cooker, including the optional 
ingredients, shall be thoroughly commingled and the contents pasteurized 
at a temperature of at least 158 [deg]F. and held at that temperature 
for not less than 30 seconds or any other equally effective combination 
of time and temperature approved by the Administrator. Care shall be 
taken to prevent the entrance of cheese particles or ingredients after 
the cooker batch of cheese has reached the final heating temperature. 
After holding for the required period of time, the hot cheese shall be 
emptied from the cooker as quickly as possible.



Sec.  58.729  Forming containers.

    Containers either lined or unlined shall be assembled and stored in 
a sanitary manner to prevent contamination. The handling of containers 
by filler crews should be done with extreme care and observance of 
personal cleanliness. Preforming and assembling of pouch liners and 
containers shall be kept to a minimum and the supply rotated to limit 
the length of time exposed to possible contamination prior to filling.



Sec.  58.730  Filling containers.

    Hot fluid cheese from the cookers may be held in hotwells or hoppers 
to assure a constant and even supply of processed cheese to the filler 
or slice former. Filler valves shall effectively measure the desired 
amount of product into the pouch or container in a sanitary manner and 
shall cut off sharply without drip or drag of cheese across the opening. 
An effective system shall be used to maintain accurate and precise 
weight control. Damaged or unsatisfactory packages shall be removed from 
production, and the cheese may be salvaged into sanitary containers, and 
added back to cookers.



Sec.  58.731  Closing and sealing containers.

    Pouches, liners, or containers having product contact surfaces, 
after filling shall be folded or closed and sealed in a sanitary manner, 
preferably by mechanical means, so as to assure against contamination. 
Each container in addition to other required labeling shall be coded in 
such a manner as to be easily identified as to date of manufacture by 
lot or sublot number.



Sec.  58.732  Cooling the packaged cheese.

    After the containers are filled they shall be stacked, or cased and 
stacked in such a manner as to prevent breaking of seals due to 
excessive bulging and to allow immediate progressive cooling of the 
individual containers of cheese. As a minimum the cheese should be 
cooled to a temperature of 100 [deg]F. or lower within 24 hours after 
filling. The temperature of the cheese should be reduced further, before 
being shipped or if storage is intended.

[[Page 161]]



Sec.  58.733  Quality control tests.

    (a) Chemical analyses. The following chemical analyses shall be 
performed in accordance with the appropriate edition of the Official 
Methods of Analysis of the AOAC as specified in the appropriate 
Standards of Identity or in accordance with methods that give equivalent 
results.
    (1) Cheese. A representative sample of cheese used in the 
manufacture of pasteurized process cheese products shall have been 
tested prior to usage to determine its moisture and fat content.
    (2) Pasteurized process cheese products. As many samples shall be 
taken of the finished product direct from the cooker, hopper, filler, or 
other location as is necessary to assure compliance with composition 
requirements. Spot checks should be made on samples from the cooker as 
frequently as is necessary to indicate pasteurization by means of the 
phosphatase test, as well as any other tests necessary to assure good 
quality control.
    (b) Examination of physical characteristics. As many samples shall 
be taken as is necessary to assure meeting the required physical 
characteristics of the products. Representative samples shall be taken 
from production for examination of physical characteristics. The samples 
shall be examined at approximately 70 [deg]F. the first day of operation 
after the date of processing for the following characteristics: (1) 
Finish and appearance, (2) flavor, (3) color, (4) body and texture, and 
(5) slicing or spreading properties.
    (c) Keeping quality. During processing or preferably from the cooled 
stock select sufficient samples at random from the production run. The 
samples should be stored at approximately 50 [deg]F. for 3 months for 
evaluation of physical characteristics as in paragraph (b) of this 
section. Additional samples may be selected and held at different 
temperatures or time.
    (d) Weight control. During the filling operation as many samples 
shall be randomly selected and weighed from each production run as is 
necessary to assure accuracy of the net weight established for the 
finished products.

    Requirements for Processed Cheese Products Bearing USDA Official 
                             Identification



Sec.  58.734  Official identification.

    Only process cheese products manufactured and packaged in accordance 
with the requirements of this part and with the applicable requirements 
in subpart A of this part which have been officially inspected in 
process and found to be in compliance with these requirements may be 
identified with official USDA Quality Approved Inspection Shield.



Sec.  58.735  Quality specifications for raw materials.

    (a) Cheddar colby, washed or soaked curd, granular or stirred curd 
cheese. Cheese, used in the manufacture of pasteurized process cheese 
products which are identified with the USDA official identification 
shall possess a pleasing and desirable taste and odor consistent with 
the age of the cheese; shall have body and texture characteristics which 
will impart the desired body and texture characteristics in the finished 
product; and shall possess finish and appearance characteristics which 
will permit removal of all packaging material and surface defects. The 
cheese shall at least meet the requirements of U.S. Standard Grade for 
Bulk American Cheese for Manufacturing provided the quantity of the 
cheese with any one defect as listed for U.S. Standard Grade is limited, 
to assure compliance with the specifications of the finished product.
    (b) Swiss. Swiss cheese used in the manufacture of pasteurized 
process cheese and related products bearing official identification 
shall be U.S. Grade B or better, except that the cheese may be blind or 
possess finish characteristics which do not impair the interior quality.
    (c) Gruyere. Gruyere cheese used in the manufacture of process 
cheese and related products shall be of good wholesome quality and 
except for smaller eyes and sharper flavor shall meet the same 
requirements as for Swiss cheese.
    (d) Cream cheese, Neufchatel cheese. Mixed with other foods, or used 
for spreads and dips shall possess a fresh, pleasing and desirable 
flavor.

[[Page 162]]

    (e) Cream, plastic cream and anhydrous milkfat. These food products 
shall be pasteurized, sweet, have a pleasing and desirable flavor and be 
free from objectionable flavors, and shall be obtained from milk which 
complies with the quality requirements as specified in Sec.  58.132 of 
this subpart.
    (f) Nonfat dry milk. Nonfat dry milk used in officially identified 
cheese products shall meet the requirements of U.S. Extra Grade except 
that the moisture content may be in excess of that specified for the 
particular grade.
    (g) Whey. Condensed or dry whey used in officially identified cheese 
products shall meet the requirements for USDA Extra Grade except that 
the moisture requirement for dry whey may be waived.
    (h) Flavor ingredients. Flavor ingredients used in process cheese 
and related products shall be those permitted by the Food and Drug 
Standards of Identity, and in no way deleterious to the quality or 
flavor of the finished product. In the case of bulky flavoring 
ingredients such as pimento, the particles shall be, to at least a 
reasonable degree, uniform in size, shape and consistency. The 
individual types of flavoring materials shall be uniform in color and 
shall impart the characteristic flavor desired in the finished product.
    (i) Other ingredients. For coloring, acidifying agents, salt, and 
emulsifying agents see Sec. Sec.  58.719, 58.720, 58.721 and 58.722.

              Quality Specifications for Finished Products



Sec.  58.736  Pasteurized process cheese.

    Shall conform to the provisions of the Definitions and Standards of 
Identity for Pasteurized Process Cheese and Related Products, Food and 
Drug Administration. The average age of the cheese in the blend shall be 
such that the desired flavor, body and texture will be achieved in the 
finished product. The quality of pasteurized process cheese shall be 
determined on the basis of flavor, body and texture, color, and finish 
and appearance.
    (a) Flavor. Has a pleasing and desirable mild cheese taste and odor 
characteristic of the variety or varieties of cheese ingredients used. 
If additional optional ingredients are used they shall be incorporated 
in accordance with good commercial practices and the flavor imparted 
shall be pleasing and desirable. May have a slight cooked or very slight 
acid or emulsifier flavor; is free from any undesirable tastes and 
odors.
    (b) Body and texture. Shall have a medium-firm, smooth and velvety 
body free from uncooked cheese particles. Is resilient and not tough, 
brittle, short, weak, or sticky. It shall be free from pin holes or 
openings except those caused by trapped steam. The cheese shall slice 
freely, and shall not stick to the knife or break when cut into 
approximately \1/8\ inch slices. If in sliced form, the slices shall 
separate readily.
    (c) Color. May be colored or uncolored but shall be uniform 
throughout. If colored it shall be bright and not be dull or faded. To 
promote uniformity and a common reference to describe color use the 
color designations as depicted by the National Cheese Institute standard 
color guide for cheese.
    (d) Finish and appearance. The wrapper may be slightly wrinkled but 
shall envelop the cheese, adhere closely to the surface, and be 
completely sealed and not broken or soiled.



Sec.  58.737  Pasteurized process cheese food.

    Shall conform to the provisions of the Definitions and Standards of 
Identity for Pasteurized Process Cheese Food and Related Products, Food 
and Drug Administration. The average age of the cheese in the blend 
shall be such that the desired flavor, body and texture will be achieved 
in the finished product. The quality of pasteurized process cheese food 
shall be determined on the basis of flavor, body and texture, color, and 
finish and appearance.
    (a) Flavor. Has a pleasing and desirable mild cheese taste and odor 
characteristic of the variety or varieties of cheese ingredients used. 
If additional optional ingredients are used they shall be incorporated 
in accordance with good commercial practices and the flavor imparted 
shall be pleasing and desirable. May have a slight cooked or very slight 
acid or emulsifier

[[Page 163]]

flavors; is free from any undesirable tastes and odors.
    (b) Body and texture. Shall have a reasonably medium-firm smooth and 
velvety body and free from uncooked cheese particles. Is resilient and 
not tough, brittle, short or sticky. It shall be free from pin holes or 
openings except those caused by trapped steam. The product shall slice 
freely with only a slight amount of sticking and shall not break when 
cut into approximately \1/8\ inch slices. If in sliced form, the slices 
shall separate readily.
    (c) Color. May be colored or uncolored but shall be uniform 
throughout. If colored it shall be bright and not be dull or faded. To 
promote uniformity and a common reference to describe color use the 
color designations as depicted by the National Cheese Institute standard 
color guide for cheese.
    (d) Finish and appearance. The wrapper may be slightly wrinkled but 
shall envelop the cheese, adhere closely to the surface, and be 
completely sealed and not broken or soiled.



Sec.  58.738  Pasteurized process cheese spread and related products.

    Shall conform to the applicable provisions of the Definitions and 
Standards of Identity for Pasteurized Process Cheese Spreads, Food and 
Drug Administration. The pH of pasteurized process cheese spreads shall 
not be below 4.0.

The quality of pasteurized process cheese spreads shall be determined on 
the basis of flavor, body and texture, color, and finish and appearance.
    (a) Flavor. Has a pleasing and desirable cheese taste and odor 
characteristic of the variety or varieties of cheese ingredients used. 
If additional optional ingredients are used they shall be incorporated 
in accordance with good commercial practices and the flavor imparted 
shall be pleasing and desirable. May have a slight cooked, acid, or 
emulsifier flavor; is free from any undesirable tastes and odors.
    (b) Body and texture. Shall have a smooth body free from uncooked 
cheese particles and when packaged shall form into a homogeneous plastic 
mass, and be free from pin holes or openings except those caused by 
trapped steam. Product made for slicing shall slice freely when cut into 
approximately \1/8\ inch slices with only a slight amount of sticking. 
Product made for spreading shall be spreadable at approximately 70 
[deg]F.
    (c) Color. May be colored or uncolored but shall be uniform 
throughout. If colored it shall be bright and not be dull or faded. To 
promote uniformity and a common reference to describe color the color 
designations as depicted by the National Cheese Institute standard color 
guide for cheese may be used.
    (d) Finish and appearance. Wrappers, if used, may be slightly 
wrinkled but shall envelop the cheese, adhere closely to the surface, 
and be completely sealed and not broken or soiled. Other containers made 
of suitable materials shall be completely filled, sealed and not broken 
or soiled.

 Supplemental Specifications for Plants Manufacturing, Processing, and 
                Packaging Whey, Whey Products and Lactose

                               Definitions



Sec.  58.805  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the 
following terms shall have the following meaning:
    (a) Whey. ``Whey'' is the fluid obtained by separating the coagulum 
from milk, cream, and/or skim milk in cheesemaking. The acidity of the 
whey may be adjusted by the addition of safe and suitable pH adjusting 
ingredients. Moisture removed from cheese curd as a result of salting 
may be collected for further processing as whey if the collection of the 
moisture and the removal of the salt from the moisture are conducted in 
accordance with procedures approved by the Administrator.
    (b) Dry Whey. ``Dry Whey'' is the product resulting from drying 
fresh whey which has been pasteurized and to which nothing has been 
added as a preservative. It contains all constituents, except moisture, 
in the same relative proportions as in the whey.

[[Page 164]]

    (c) Dry Sweet Whey. Dry whey not over 0.16 percent titratable 
acidity on a reconstituted basis.
    (d) Dry Whey--% Titratable Acidity. Dry whey over 0.16 percent, but 
below 0.35 percent titratable acidity on a reconstituted basis. The 
blank being filled with the actual acidity.
    (e) Dry Acid Whey. Dry whey with 0.35 percent or higher titratable 
acidity on a reconstituted basis.
    (f) Modified Whey Products:
    (1) Partially demineralized whey,
    (2) Partially delactosed whey,
    (3) Demineralized whey, and
    (4) Whey protein concentrate-products defined by regulations of the 
Food and Drug Administration.
    (g) Lactose (milk sugar). That food product defined by regulations 
of the Food and Drug Administration.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
as amended at 46 FR 1257, Jan. 6, 1981. Redesignated at 46 FR 63203, 
Dec. 31, 1981, as amended at 55 FR 39912, Oct. 1, 1990]

                         Rooms and Compartments



Sec.  58.806  General.

    Dry storage of product, packaging room for bulk product, and hopper 
or dump room shall meet the requirements of Sec. Sec.  58.210 through 
58.212 as applicable.

                         Equipment and Utensils



Sec.  58.807  General construction, repair and installation.

    All equipment and utensils necessary for the manufacture of whey, 
whey products and lactose shall meet the same general requirements for 
materials and construction as outlined in Sec. Sec.  58.128 and 58.215 
through 58.230 as applicable, except for the following:
    (a) Modified Whey Products. Equipment for whey fractionation, such 
as ultrafiltration, reverse osmosis, gel filtration, and electrodialysis 
shall be constructed in accordance with 3-A sanitary design principles, 
except where engineering requirements preclude strict adherence to such 
standards. Materials used for product contact surfaces shall meet 
applicable 3-A Sanitary Standards or Food and Drug Administration 
requirements. All equipment shall be of sanitary construction and 
readily cleanable.
    (b) Lactose. Equipment used in the further processing of lactose 
following its separation from whey shall have smooth surfaces, be 
cleanable, free from cracks or crevices, readily accessible for 
inspection and shall be constructed of non-toxic material meeting 
applicable Food and Drug Administration requirements and under 
conditions of use shall be resistant to corrosion, pitting or flaking. 
[The use of stainless steel is optional.]

                Quality Specifications for Raw Materials



Sec.  58.808  Whey.

    Whey for processing shall be fresh and originate from the processing 
of products made from milk meeting the requirements as outlined in 
Sec. Sec.  58.132 through 58.138. Only those ingredients approved by the 
Food and Drug Administration may be added to the whey for processing, 
except when restricted by this subpart. Whey products to which approved 
ingredients have been added or constituents removed to alter original 
characteristics for processing or usage shall be labeled to meet the 
applicable requirements.

                   Operations and Operating Procedures



Sec.  58.809  Pasteurization.

    (a) All fluid whey used in the manufacture of dry whey, dry whey 
products, modified whey products, and lactose shall be pasteurized prior 
to condensing. When the condensing and drying operations for dry whey 
take place at the same plant, the pasteurization may be located at a 
different point in the operation provided it will protect the quality of 
the finished product and not adversely affect the processing procedure.
    (b) Pasteurized products transported to another plant for final 
processing shall be repasteurized, except that condensed whey containing 
40 percent or more solids may be transported to another plant for 
further processing into dry whey, dry whey products or lactose without 
repasteurization.

[[Page 165]]

    (c) If whey is transferred to another plant for further processing, 
or if during the processing procedure unpasteurized ingredients are 
added (except those necessary for lactose crystallization), or 
processing procedures permit contamination or bacterial growth, the whey 
shall be repasteurized as close to the final drying operations as 
possible.



Sec.  58.810  Temperature requirements.

    (a) Unless processed within 2 hours, all whey or condensed whey, 
except acid type whey with a titratable acidity of 0.40 percent or 
above, or a pH of 4.6 or below, shall be cooled to 45 [deg]F or less, or 
heated to 145 [deg]F or higher. Other temperatures may be used when 
essential for the technology of the process, such as lactose 
crystallization and membrane whey separation processes, when the quality 
and wholesomeness of the product is not impaired.
    (b) Recording thermometers shall be required and so located to 
assure that the cooling or heating requirements in paragraph (a) of this 
section are met.



Sec.  58.811  General.

    The operating procedures as contained in Sec. Sec.  58.237 through 
58.244, 58.246, 58.247, and 58.443 (a) and (b) shall be followed as 
applicable.



Sec.  58.812  Methods of sample analysis.

    Samples shall be tested according to the applicable methods of 
laboratory analysis contained in either DA Instruction 918-RL, as issued 
by the USDA, Agricultural Marketing Service, Dairy Programs, or the 
Official Methods of Analysis of the Association of Official Analytical 
Chemists, or Standard Methods for the Examination of Dairy Products.

[67 FR 48976, July 29, 2002]

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.813  Dry whey.

    The quality requirements for dry whey shall be in accordance with 
the U.S. Standards for Dry Whey.

 Supplemental Specifications for Plants Manufacturing, Processing, and 
  Packaging Evaporated and Condensed Milk or Ultra-Pasteurized Products

                               definitions



Sec.  58.905  Meaning of words.

    For the purpose 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. Unless the context otherwise requires, the following 
terms shall have the following meaning:
    (a) Evaporated milk. The liquid food made by evaporating sweet milk 
to such point that it contains not less than 6.5 percent of milkfat and 
not less than 16.5 percent of the total milk solids. The finished 
product shall conform to the requirements of the Food and Drug 
Administration for evaporated milk (21 CFR 131.130).
    (b) Concentrated milk, plain condensed milk. The product which 
conforms to the standard of identity for evaporated milk except that it 
is not processed by heat to prevent spoilage. The container may be 
unsealed, and stabilizing ingredients are not used. The finished product 
shall conform to the requirements of the Food and Drug Administration 
for concentrated milk (21 CFR 131.115).
    (c) Sweetened condensed milk. The liquid or semi-liquid food made by 
evaporating a mixture of sweet milk and refined sugar (sucrose) or any 
combination of refined sugar (sucrose) and refined corn sugar (dextrose) 
to such point that the finished sweetened condensed milk contains not 
less than 28.0 percent of total milk solids and not less than 8.0 
percent of milkfat. The quantity of sugar used is sufficient to prevent 
spoilage. The finished product shall conform to the requirements of the 
Food and Drug Administration for sweetened condensed milk (21 CFR 
131.120).
    (d) Ultra-pasteurized. The product shall have been thermally 
processed at or above 280 [deg]F for at least 2 seconds, either before 
or after packaging, so as

[[Page 166]]

to produce a product which has an extended shelf life under refrigerated 
conditions.

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48976, July 29, 2002]

                         Equipment and Utensils



Sec.  58.912  General construction, repair and installation.

    The equipment and utensils used for processing and packaging 
evaporated, condensed or ultra pasteurized dairy products shall be as 
specified in Sec.  58.128. In addition for certain other equipment, the 
following requirements shall be met.



Sec.  58.913  Evaporators and vacuum pans.

    All equipment used in the removal of moisture from milk or milk 
products for the purpose of concentrating the solids should comply with 
the requirements of the 3-A Sanitary Standards for Milk and Milk 
Products Evaporators and Vacuum Pans.



Sec.  58.914  Fillers.

    Both gravity and vacuum type fillers shall be of sanitary design and 
all product contact surfaces, if metal, shall be made of stainless steel 
or equally corrosion-resistant material; except that, certain evaporated 
milk fillers having brass parts may be approved if free from corroded 
surfaces and kept in good repair. Nonmetallic product contact surfaces 
shall comply with the requirements for 3-A Sanitary Standards for 
Plastic, and Rubber and Rubber-Like Materials. Fillers shall be designed 
so that they in no way will contaminate or detract from the quality of 
the product being packaged.



Sec.  58.915  Batch or continuous in-container thermal processing equipment.

    Batch or continuous in-container thermal processing equipment shall 
meet the requirements of the Food and Drug Administration for thermally 
processed low-acid foods packaged in hermetically sealed containers (21 
CFR part 113). The equipment shall be maintained in such a manner as to 
assure control of the length of processing and to minimize the number of 
damaged containers.

[67 FR 48977, July 29, 2002]



Sec.  58.916  Homogenizer.

    Homogenizers where applicable shall be used to reduce the size of 
the fat particles and to evenly disperse them in the product. 
Homogenizers shall comply with the applicable 3-A Sanitary Standards.

                   Operations and Operating Procedures



Sec.  58.917  General.

    There are many operations and procedures used in the preparation of 
evaporated, condensed and ultra pasteurized dairy products that are 
similar, therefore, the following general requirements will apply when 
such operations or procedures are used.



Sec.  58.918  Standardization.

    The standardization of the product to obtain a finished product of a 
given composition shall be accomplished by the addition or removal of 
milkfat, milk solids-not-fat and/or water. The ingredients added to 
accomplish the desired composition shall be of the same hygenic quality 
as the product being standardized.



Sec.  58.919  Pre-heat, pasteurization.

    When pasteurization is intended or required by either the vat 
method, HTST method, or by the HHST method it shall be accomplished by 
systems and equipment meeting the requirements outlined in Sec.  58.128. 
Pre-heat temperatures prior to ultra pasteurization will be those that 
have the most favorable effect on the finished product.



Sec.  58.920  Homogenization.

    Where applicable concentrated products shall be homogenized for the 
purpose of dispersing the fat throughout the product. The temperature of 
the product at time of homogenization and the pressure at which 
homogenization is accomplished will be that which accomplishes the most 
desired results in the finished products.

[[Page 167]]



Sec.  58.921  Concentration.

    Concentrating by evaporation shall be accomplished with a minimum of 
chemical change in the product. The equipment and systems used shall in 
no way contaminate or adversely affect the desirability of the finished 
product.



Sec.  58.922  Thermal processing.

    The destruction of living organisms shall be performed in one of the 
following methods: (a) The complete in-container method, by heating the 
container and contents to a range of 212 [deg]F to 280 [deg]F for a 
sufficient time; (b) by a continuous flow process at or above 280 [deg]F 
for at least 2 seconds, then packaged aseptically; (c) the product is 
first processed according to methods as in paragraph (b) of this 
section, then packaged and given further heat treatment to complete the 
process.



Sec.  58.923  Filling containers.

    (a) The filling of small containers with product shall be done in a 
sanitary manner. The containers shall not contaminate or detract from 
the quality of the product in any way. After filling, the container 
shall be hermetically sealed.
    (b) Bulk containers for the product shall be suitable and adequate 
to protect the product in storage or transit. The bulk container 
(including bulk tankers) shall be cleaned and sanitized before filling, 
and filled and closed in a sanitary manner.



Sec.  58.924  Aseptic filling.

    A previously ultra pasteurized product shall be filled under 
conditions which prevent contamination of the product by living 
organisms or spores. The containers prior to being filled shall be 
sterilized and maintained, in a sterile condition. The containers shall 
be sealed in a manner that prevents contamination of the product.



Sec.  58.925  Sweetened condensed.

    After condensing, the sweetened condensed product should be cooled 
rapidly to about 85 [deg]F to induce crystallization of the 
oversaturated lactose. When the desired crystallization is reached 
further cooling is resumed to 68[deg]-70 [deg]F.



Sec.  58.926  Heat stability.

    Prior to thermal processing of concentrated products and where 
stabilizers are allowed, tests should be made on the heat stability of 
the product to determine necessity for, and the amount of stabilizer 
needed. Based on the stability tests, safe and suitable stabilizers and 
emulsifiers may be added.



Sec.  58.927  Storage.

    Finished products which are to be held more than 30 days should be 
stored at temperatures below 72 [deg]F Precautions shall be taken to 
prevent freezing of the product.



Sec.  58.928  Quality control tests.

    All dairy products and other ingredients shall be subject to 
inspection for quality and condition throughout each processing 
operation. Quality control tests shall be made on flow samples as often 
as is necessary to check the effectiveness of processing and 
manufacturing and as an aid in correcting deficiencies. Routine analyses 
shall be made on raw materials and finished products to assure adequate 
composition control. For each batch or production run a keeping quality 
test shall be made to determine product stability.



Sec.  58.929  Frequency of sampling for quality control.

    (a) Composition. Sampling and testing for composition shall be made 
on batches of product as often as is necessary to control composition. 
On continuous production runs, enough samples shall be taken throughout 
the run to adequately assure composition requirements.
    (b) Other chemical analysis or physical analysis. Such tests shall 
be performed as often as is necessary to assure compliance with 
standards, specifications or contract requirements.
    (c) Weight or volume control. Representative samples of the packaged 
products shall be checked during the filling operation to assure 
compliance with the stated net weight or volume on the container.
    (d) Keeping quality and stability. A minimum of one sample from each 
batch of product or one representative

[[Page 168]]

sample per hour from a continuous production run shall be taken. For 
continuous runs, samples shall be taken at the start, each hour, and at 
the end of the run. Samples should also be taken after resumption of 
processing following an interruption in continuous operation. Each 
sample shall be incubated at 90 [deg]F to 100 [deg]F for seven days.



Sec.  58.930  Official test methods.

    (a) Chemical. Chemical analysis, except where otherwise prescribed 
herein, shall be made in accordance with the methods described in the 
latest edition of Official Methods of Analysis of the AOAC or by the 
latest edition of Standard Methods for the Examination of Dairy 
Products.
    (b) Microbiological. Microbiological determinations shall be made in 
accordance with the methods described in the latest edition of Standard 
Methods for the Examination of Dairy Products.



Sec.  58.931  General identification.

    Bulk shipping containers shall be legibly marked with the name of 
the product, net weight, name and address of manufacturer, processor or 
distributor, a lot number and coded date of manufacture. Consumer sized 
containers shall meet the applicable regulations of the Food and Drug 
Administration.

                Quality Specifications for Raw Materials



Sec.  58.932  Milk.

    The raw milk shall meet the requirements as outlined in Sec. Sec.  
58.132 through 58.138. Unless processed within two hours after being 
received, it shall be cooled to, and held at a temperature of 45 [deg]F 
or lower until processed.



Sec.  58.933  Stabilizers.

    Shall be those permitted by the Food and Drug Administration's 
``Standards of Identity'' as optional ingredients for specific products. 
Stabilizers shall be free from extraneous material, be of food grade 
quality and not be in violation of the Federal Food, Drug and Cosmetic 
Act.



Sec.  58.934  Sugars.

    Any sugar used in the manufacture of sweetened condensed or 
sterilized milk products shall be refined, and of food grade quality.



Sec.  58.935  Chocolate and cocoa.

    Such products used as flavor ingredients shall meet the requirements 
of the Food and Drug Administration, ``Definitions and Standards of 
Identity for Cocoa Products.''

 Requirements for Finished Products Bearing USDA Official Identification



Sec.  58.936  Milk.

    To process and package evaporated and condensed milk of ultra-
pasteurized dairy products eligible for official identification with the 
USDA Quality Approved Inspection Shield the raw incoming milk shall meet 
the requirements as outlined in Sec. Sec.  58.132 through 58.136. Unless 
processed within two hours after being received, it shall be cooled to, 
and held at a temperature of 45 [deg]F or lower until processed.



Sec.  58.937  Physical requirements for evaporated milk.

    (a) Flavor. The product shall possess a sweet, pleasing and 
desirable flavor with not more than a definite cooked flavor. It shall 
be free from scorched, oxidized or other objectionable tastes and odors.
    (b) Body and texture. The product shall be of uniform consistency 
and appearance. It shall be smooth and free from fat separation, lumps, 
clots, gel formation, coarse milk solids precipitate or sedimentation 
and extraneous material.
    (c) Color. The color shall be of a natural white or light cream.
    (d) Degree of burn-on. The interior walls of the container shall not 
show excessive burn-on of product (product fused to more than 75 percent 
of the inner surface of the can).
    (e) Keeping quality. Samples incubated at 90-100 [deg]F shall show 
no sensory, chemical or microbiological deterioration after seven days.



Sec.  58.938  Physical requirements and microbiological limits for 
sweetened condensed milk.

    (a) Flavor. Shall be sweet, clean, and free from rancid, oxidized, 
scorched,

[[Page 169]]

fermented, stale or other objectionable tastes and odors.
    (b) Color. Shall be white to light cream.
    (c) Texture. Shall be smooth and uniform, free from lumps or coarse 
graininess. There shall not be sufficient settling of the lactose to 
cause a deposit on the bottom of the container.
    (d) Body. Shall be sufficiently viscous so that the product upon 
being poured at room temperature piles up above the surface of that 
previously poured, but does not retain a definite form.
    (e) Microbiological limits. (1) Coliforms, less than 10 per gram; 
(2) yeasts, less than 5 per gram; (3) molds, less than 5 per gram; (4) 
total plate count, less than 1,000 per gram.
    (f) Keeping quality. Samples incubated at 90-100 [deg]F shall show 
no physical evidence of deterioration after seven days.
    (g) Composition. Shall meet the minimum requirements of the Food and 
Drug Administration for sweetened condensed milk (21 CFR 131.120). In 
addition, the quantity of refined sugar used shall be sufficient to give 
a sugar-in-water ratio of not less than 61.5 percent.
    (h) Sediment. The amount of sediment retained on a lintine disc 
after a sample composed of 225 grams of product dissolved in 500 ml. of 
140 [deg]F water has passed through it, shall not exceed 0.10 mg. as 
indicated by the USDA Sediment Standard for Milk and Milk Products (7 
CFR 58.2726).

[40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 
FR 48977, July 29, 2002]

Subparts C-V [Reserved]



Subpart W_United States Department of Agriculture Standard for Ice Cream

    Source: 42 FR 56717, Oct. 28, 1977, unless otherwise noted. 
Redesignated at 46 FR 63203, Dec. 31, 1981.



Sec.  58.2825  United States Standard for ice cream.

    (a) Ice cream shall contain at least 1.6 pounds of total solids to 
the gallon, weigh not less than 4.5 pounds to the gallon, and contain 
not less than 20 percent total milk solids, constitued of not less than 
10 percent milkfat. In no case shall the content of milk solids not fat 
be less than 6 percent. Whey shall not, by weight, be more than 25 
percent of the milk solids not fat.
    (b) When one or more of the bulky optional ingredients, as approved 
by the Food and Drug Administration, are used, the weights of milk fat 
and total milk solids (excusive of such fat and solids in any malted 
milk used) are not less than 10 percent and 20 percent, respectively, of 
the remainder obtained by subtracting the weight of such optional 
ingredients, from the weight of the finished ice cream; but in no case 
is the weight of milk fat or total milk solids less than 8 percent and 
16 percent, respectively, of the weight of the finished ice cream. In 
calculating the reduction of milk fat and total milk solids from the use 
of bulky optional ingredients, chocolate and cocoa solids used shall be 
considered the bulky ingredients. In order to make allowance for 
additional sweetening ingredients needed when bulky ingredients are 
used, the weight of chocolate or cocoa solids may be multiplied by 2.5; 
the weight of fruit or nuts used may be multiplied by 1.4; and the 
weight of partially or wholly dried fruits or fruit juices may be 
multiplied by appropriate factors to obtain the original weights before 
drying and this weight multiplied by 1.4 The finished ice cream contains 
not less than 1.6 pounds to the gallon; except that when the optional 
ingredient microcrystalline cellulose is used, the finished ice cream 
contains not less than 1.6 pounds of total solids to the gallon and 
weighs not less than 4.5 pounds to the gallon exclusive, in both cases, 
of the weight of the microcrystalline cellulose.
    (c) Optional characterizing ingredients, optional sweetening 
ingredients, stabilizers, and emulsifiers as approved by the Food and 
Drug Administration may be used.



Sec.  58.2826  General identification.

    Consumer packaged product shall comply with the applicable labeling 
regulations of the Food and Drug Administration.

[[Page 170]]



Sec.  58.2827  Official identification.

    (a) The official symbol to be used to identify product meeting the 
USDA standard for ice cream shall be as follows:
[GRAPHIC] [TIFF OMITTED] TC25SE91.017

    (b) Ice cream manufacturing plants using this symbol shall be USDA 
approved as set forth in subpart B of this regulation, and the ice cream 
bearing the symbol shall be manufactured under continuous resident or 
continuous nonresident USDA inspection service in accordance with 
subpart A of this regulation. The dairy ingredients used in such ice 
cream shall come from USDA approved plants.



PART 59_LIVESTOCK MANDATORY REPORTING--Table of Contents




                      Subpart A_General Provisions

Sec.
59.10 General administrative provisions.
59.20 Recordkeeping.
59.30 Definitions.

                       Subpart B_Cattle Reporting

59.100 Definitions.
59.101 Mandatory daily reporting for live cattle.
59.102 Mandatory weekly reporting for live cattle.
59.103 Mandatory reporting of boxed beef sales.

                        Subpart C_Swine Reporting

59.200 Definitions.
59.201 General reporting provisions.
59.202 Mandatory daily reporting for swine.
59.203 Mandatory weekly reporting for swine.

                        Subpart D_Lamb Reporting

59.300 Definitions.
59.301 Mandatory daily reporting for lambs.
59.302 Mandatory weekly reporting for lambs.
59.303 Mandatory reporting of lamb carcasses and boxed lamb.

                      Subpart E_OMB Control Number

59.400 OMB control number assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: 7 U.S.C. 1621 et seq.

    Source: 65 FR 75514, Dec. 1, 2000, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  59.10  General administrative provisions.

    (a) Reporting by packers and importers. A packer or importer shall 
report all information required under this Part on an individual lot 
basis.
    (b) Reporting schedule. Whenever a packer or importer is required to 
report information on transactions of livestock and livestock products 
under this Part by a set time, all covered transactions up to within one 
half hour of the reporting deadline shall be reported. Transactions 
completed during the one half hour prior to the previous reporting time, 
but not reported in the previous report, shall be reported at the next 
scheduled reporting time.
    (c) Regional reporting and aggregation. The Secretary shall make 
information obtained under this Part available to the public only in a 
manner that:
    (1) Ensures that the information is published on a national and a 
regional or statewide basis as the Secretary determines to be 
appropriate;
    (2) Ensures that the identity of a reporting person or the entity 
which they represent is not disclosed; and
    (3) Market information reported to the Secretary by packers and 
importers shall be aggregated in such a manner that the market reports 
issued will not disclose the identity of persons, packers and importers, 
including parties to a contract and packer's and importer's proprietary 
information.
    (d) Adjustments. Prior to the publication of any information 
required under this Part, the Secretary may make reasonable adjustments 
in information reported by packers and importers to reflect price 
aberrations or other unusual or unique occurrences that the Secretary 
determines would distort the published information to the detriment

[[Page 171]]

of producers, packers, or other market participants.
    (e) Reporting of activities on weekends and holidays. Livestock and 
livestock products committed to a packer, or importer, or purchased, 
sold, or slaughtered by a packer or importer on a weekend day or holiday 
shall be reported to the Secretary in accordance with the provisions of 
this Part and reported by the Secretary on the immediately following 
reporting day. A packer shall not be required to report such actions 
more than once on the immediately following reporting day.
    (f) Reporting methods. Whenever information is required to be 
reported under this Part, it shall be reported by electronic means and 
shall adhere to a standardized format established by the Secretary to 
achieve the objectives of this Part, except in emergencies or in cases 
when an alternative method is agreeable to the entity required to report 
and AMS.



Sec.  59.20  Recordkeeping.

    (a) In General. Each packer or importer required to report 
information to the Secretary under the Act and this Part shall maintain 
for 2 years and make available to the Secretary the following 
information on request:
    (1) The original contracts, agreements, receipts, and other records 
associated with any transaction relating to the purchase, sale, pricing, 
transportation, delivery, weighing, slaughter, or carcass 
characteristics of all livestock or livestock products; and
    (2) Such records or other information as is necessary or appropriate 
to verify the accuracy of the information required to be reported under 
the Act and this Part.
    (b) Purchases of cattle and swine and sales of boxed beef cuts. A 
record of a purchase of a lot of cattle or swine, or a sale of a unit of 
boxed beef cuts, by a packer shall evidence whether the purchase or sale 
occurred:
    (1) Before 10 a.m. Central Time;
    (2) Between 10 a.m. and 2 p.m. Central Time; or (3) After 2 p.m. 
Central Time.
    (c) Purchases of lambs. A record of a purchase of a lot of lambs by 
a packer shall evidence whether the purchase occurred:
    (1) Before 2 p.m. Central Time; or
    (2) After 2 p.m. Central Time.
    (d) Sales of lamb carcasses and sales of boxed lamb cuts. A record 
of a sale by a packer of lamb carcasses and cuts, or of a sale by an 
importer of lamb cuts shall evidence time and date the sale occurred:
    (1) Before 2 p.m. Central Time; or
    (2) After 2 p.m. Central Time.
    (e) Reporting sales of boxed beef cuts and sales of boxed lamb cuts.
    (1) Beef packers must report all sales of boxed beef items by the 
applicable Institutional Meat Purchase Specifications (IMPS) item number 
or the boxed beef items' cutting and trimming specifications.
    (2) Lamb packers and importers must report all sales of boxed lamb 
items by the applicable Institutional Meat Purchase Specifications 
(IMPS) item number or the boxed lamb items' cutting and trimming 
specifications.



Sec.  59.30  Definitions.

    The following definitions apply to this part.
    Base price. The term ``base price'' means the price paid for 
livestock, delivered at the packing plant, before application of any 
premiums or discounts, expressed in dollars per hundred pounds of hot 
carcass weight.
    Basis level. The term ``basis level'' means the agreed on adjustment 
to a future price to establish the final price paid for livestock.
    Current slaughter week. The term ``current slaughter week'' means 
the period beginning Monday, and ending Sunday, of the week in which a 
reporting day occurs.
    Discount. The term ``discount'' means the adjustment, expressed in 
dollars per one hundred pounds, subtracted from the base price due to 
weight, quality characteristics, yield characteristics, livestock class, 
dark cutting, breed, or dressing percentage.
    Exported. The term ``exported'' means livestock or livestock 
products that are physically shipped to locations outside of the 50 
States.
    F.O.B. The term ``F.O.B.'' means free on board, regardless of the 
mode of transportation, at the point of direct shipment by the seller to 
the buyer (e.g., F.O.B. Plant, F.O.B. Feedlot).

[[Page 172]]

    Imported. The term ``imported'' means livestock that are raised to 
slaughter weight outside of the 50 States or livestock products produced 
outside of the 50 States.
    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. Copies of the IMPS may 
be obtained from the U.S. Department of Agriculture, Agricultural 
Marketing Service, Livestock and Seed Program located at Room 2603 South 
Building, 1400 Independence Ave, SW., PO Box 96456, Washington, DC 
20090-6456. Phone (202) 720-4486 or Fax (202) 720-1112. Copies may also 
be obtained over the Internet at: www.ams.usda.gov/lsg/stand/st-
pubs.htm.
    Livestock. The term ``livestock'' means cattle, swine, and lambs.
    Lot. (1) When used in reference to livestock, the term ``lot'' means 
a group of one or more livestock that is identified for the purpose of a 
single transaction between a buyer and a seller;
    (2) When used in reference to lamb carcasses, the term ``lot'' means 
a group of one or more lamb carcasses sharing a similar weight range 
category and comprising a single transaction between a buyer and seller; 
or
    (3) When used in reference to boxed beef and lamb, the term ``lot'' 
means a group of one or more boxes of beef or lamb items sharing cutting 
and trimming specifications and comprising a single transaction between 
a buyer and seller.
    Marketing. The term ``marketing'' means the sale or other 
disposition of livestock, livestock products, or meat or meat food 
products in commerce.
    Negotiated purchase. The term ``negotiated purchase'' means a cash 
or spot market purchase by a packer of livestock from a producer under 
which the base price for the livestock is determined by seller-buyer 
interaction and agreement on a delivery day. The livestock are scheduled 
for delivery to the packer not more than 14 days after the date on which 
the livestock are committed to the packer.
    Negotiated sale. The term ``negotiated sale'' means a cash or spot 
market sale by a producer of livestock to a packer under which the base 
price for the livestock is determined by seller-buyer interaction and 
agreement on a delivery day. The livestock are scheduled for delivery to 
the packer not later than 14 days after the date on which the livestock 
are committed to the packer. When used in reference to sales of boxed 
beef or lamb cuts or lamb carcasses the term ``negotiated sale'' means a 
sale by a packer selling boxed beef or lamb cuts or lamb carcasses to a 
buyer of boxed beef or lamb cuts or lamb carcasses under which the price 
for the boxed beef or lamb cuts or lamb carcasses is determined by 
seller-buyer interaction and agreement on a day.
    Origin. The term ``origin'' means the State where the livestock were 
fed to slaughter weight.
    Premium. The term ``premium'' means the adjustment, expressed in 
dollars per one hundred pounds, added to the base price due to weight, 
quality characteristics, yield characteristics, livestock class, and 
breed.
    Priced. The term ``priced'' means the time when the final price is 
determined either through buyer-seller interaction and agreement or as a 
result of some other price determining method.
    Prior slaughter week. The term ``prior slaughter week'' means the 
Monday through Sunday prior to a reporting day.
    Producer. The term ``producer'' means any person engaged in the 
business of selling livestock to a packer for slaughter (including the 
sale of livestock from a packer to another packer).
    Purchased. The term ``purchased'' means the agreement on a price, or 
the method for calculating a price, determined through buyer-seller 
interaction and agreement.
    Reporting day. The term ``reporting day'' means a day on which a 
packer conducts business regarding livestock committed to the packer, or 
livestock purchased, sold, or slaughtered by the packer; the Secretary 
is required to make such information available to the public; and the 
Department of Agriculture is open to conduct business.

[[Page 173]]

    Secretary. The term ``Secretary'' means the Secretary of Agriculture 
of the United States or any other officer or employee of the Department 
of Agriculture to whom authority has been delegated or may hereafter be 
delegated to act in the Secretary's stead.
    State. The term ``State'' means each of the 50 States.



                       Subpart B_Cattle Reporting



Sec.  59.100  Definitions.

    The following definitions apply to this subpart.
    Boxed beef. The term ``boxed beef'' means those carlot-based 
portions of a beef carcass including fresh primals, subprimals, cuts 
fabricated from subprimals (excluding portion-control cuts such as chops 
and steaks similar to those portion cut items described in the 
Institutional Meat Purchase Specifications (IMPS) for Fresh Beef 
Products Series 100, and thin meats (e.g. inside and outside skirts, 
pectoral meat, cap and wedge meat, and blade meat) not older than 14 
days from date of manufacture; fresh ground beef, beef trimmings, and 
boneless processing beef not older than 7 days from date of manufacture; 
and frozen beef trimmings and boneless processing beef not older than 60 
days from date of manufacture.
    Branded. The term ``branded'' means boxed beef cuts produced and 
marketed under a corporate trademark (for example, products that are 
marketed on their quality, yield, or breed characteristics), or boxed 
beef cuts produced and marketed under one of USDA's Meat Grading and 
Certification Branch, Certified Beef programs.
    Carcass characteristics. The term ``carcass characteristics'' means 
the range and average carcass weight in pounds, the quality grade and 
yield grade (if applicable), and the average cattle dressing percentage.
    Carlot-based. The term ``carlot-based'' means any transaction 
between a buyer and a seller destined for two or less delivery stops 
consisting of one or more individual boxed beef items.
    Cattle committed. The term ``cattle committed'' means cattle that 
are scheduled to be delivered to a packer within the 7-day period 
beginning on the date of an agreement to sell the cattle.
    Cattle type. The term ``cattle type'' means the following types of 
cattle purchased for slaughter:
    (1) Fed steers;
    (2) Fed heifers;
    (3) Fed Holsteins and other fed dairy steers and heifers;
    (4) Cows; and
    (5) Bulls.
    Established. The term ``established'', when used in connection with 
prices, means that point in time when the buyer and seller agree upon a 
net price.
    Formula marketing arrangement.
    (1) When used in reference to live cattle, the term ``formula 
marketing arrangement'' means the advance commitment of cattle for 
slaughter by any means other than through a negotiated purchase or a 
forward contract, using a method for calculating price in which the 
price is determined at a future date.
    (2) When used in reference to boxed beef, the term ``formula 
marketing arrangement'' means the advance commitment of boxed beef by 
any means other than through a negotiated purchase or a forward 
contract, using a method for calculating price in which the price is 
determined at a future date.
    Forward contract.
    (1) When used in reference to live cattle, the term ``forward 
contact'' means an agreement for the purchase of cattle, executed in 
advance of slaughter, under which the base price is established by 
reference to prices quoted on the Chicago Mercantile Exchange, or other 
comparable publicly available prices.
    (2) When used in reference to boxed beef, the term ``forward 
contract'' means an agreement for the sale of boxed beef, executed in 
advance of manufacture, under which the base price is established by 
reference to publicly available quoted prices.
    Packer. The term ``packer'' means any person engaged in the business 
of buying cattle in commerce for purposes of slaughter, of manufacturing 
or preparing meats or meat food products from cattle for sale or 
shipment in commerce, or of marketing meats or meat food products from 
cattle in an

[[Page 174]]

unmanufactured form acting as a wholesale broker, dealer, or distributor 
in commerce. For any calendar year, the term ``packer'' includes only a 
federally inspected cattle processing plant that slaughtered an average 
of 125,000 head of cattle per year during the immediately preceding 5 
calendar years. Additionally, in the case of a cattle processing plant 
that did not slaughter cattle during the immediately preceding 5 
calendar years, it shall be considered a packer if the Secretary 
determines the processing plant should be considered a packer under this 
subpart after considering its capacity.
    Packer-owned cattle. The term ``packer-owned cattle'' means cattle 
that a packer owns for at least 14 days immediately before slaughter.
    Prices for cattle. The term ``prices for cattle'' includes the price 
per hundredweight; the purchase type; the quantity on a live and a 
dressed weight basis; the estimated live weight range; the average live 
weight; the estimated percentage of cattle of a USDA quality grade 
Choice or better; beef carcass classification; any premiums or discounts 
associated with weight, quality grade, yield grade, or type of purchase; 
cattle State of origin; estimated cattle dressing percentage; and price 
basis as F.O.B. feedlot or delivered at the plant.
    Terms of trade. The term ``terms of trade'' means, with respect to 
the purchase of cattle for slaughter:
    (1) Whether a packer provided any financing agreement or arrangement 
with regard to the cattle;
    (2) Whether the delivery terms specified the location of the 
producer or the location of the packer's plant;
    (3) Whether the producer is able to unilaterally specify the date 
and time during the business day of the packer that the cattle are to be 
delivered for slaughter; and
    (4) The percentage of cattle purchased by a packer as a negotiated 
purchase that are delivered to the plant for slaughter more than 7 days, 
but fewer than 14 days, after the earlier of either the date on which 
the cattle were committed to the packer, the date on which the cattle 
were purchased by the packer, or the date on which the cattle were 
priced by the packer.
    Type of purchase. The term ``type of purchase'' with respect to 
cattle, means a negotiated purchase, a formula market arrangement, and a 
forward contract.
    Type of sale. The term ``type of sale'' with respect to boxed beef, 
means a negotiated sale, a formula market arrangement, and a forward 
contract.



Sec.  59.101  Mandatory daily reporting for live cattle.

    (a) In General. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary at least two times each reporting day not later than 10:00 
a.m. Central Time and not later than 2:00 p.m. Central Time the 
following information for each cattle type, inclusive since the last 
reporting, categorized to clearly delineate domestic from imported 
market purchases as described in Sec.  59.10(b).
    (1) The prices for cattle (per hundredweight) established on that 
day, categorized by:
    (i) The type of purchase;
    (ii) The quantity of cattle purchased on a live weight basis;
    (iii) The quantity of cattle purchased on a dressed weight basis;
    (iv) A range and average of estimated live weights of cattle 
purchased;
    (v) An estimate of the percentage of the cattle purchased that were 
of a quality grade of Choice or better; and
    (vi) Any premiums or discounts associated with weight, quality 
grade, or yield grade expressed in dollars per hundredweight on a 
dressed basis.
    (2) The quantity of cattle delivered to the packer (quoted in 
numbers of head) on that day, categorized by:
    (i) The type of purchase;
    (ii) The quantity of cattle delivered on a live weight basis; and
    (iii) The quantity of cattle delivered on a dressed weight basis.
    (3) The quantity of cattle committed to the packer (quoted in 
numbers of head) as of that day, categorized by:
    (i) The type of purchase;
    (ii) The quantity of cattle committed on a live weight basis; and
    (iii) The quantity of cattle committed on a dressed weight basis.
    (4) The terms of trade regarding the cattle, as applicable.

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    (b) Publication. The Secretary shall make the information available 
to the public not less frequently than three times each reporting day.



Sec.  59.102  Mandatory weekly reporting for live cattle.

    (a) In General. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary on the first reporting day of each week, not later than 9:00 
a.m. Central Time, the following information applicable to the prior 
slaughter week, categorized to clearly delineate domestic from imported 
market purchases:
    (1) The quantity of cattle purchased through forward contracts that 
were slaughtered;
    (2) The quantity of cattle delivered under a formula marketing 
arrangement that were slaughtered;
    (3) The quantity and carcass characteristics of packer-owned cattle 
that were slaughtered;
    (4) The quantity, basis level, and delivery month for all cattle 
purchased through forward contracts;
    (5) The range and average of intended premiums and discounts 
(including those associated with weight, quality grade, yield grade, or 
type of cattle) that are expected to be in effect for the current 
slaughter week; and
    (6) The following information for cattle purchased through a formula 
marketing arrangement and slaughtered during the prior slaughter week:
    (i) The quantity (quoted in both numbers of head and pounds) of 
cattle;
    (ii) The weighted average price paid for a carcass, including 
applicable premiums and discounts;
    (iii) The range of premiums and discounts paid;
    (iv) The weighted average of premiums and discounts paid;
    (v) The range of prices paid; and
    (vi) The terms of trade regarding the cattle, as applicable.
    (b) Publication. The Secretary shall make available to the public 
the information obtained under paragraph (a) of this section on the 
first reporting day of the current slaughter week by 10:00 a.m. Central 
Time.



Sec.  59.103  Mandatory reporting of boxed beef sales.

    (a) Daily reporting. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary at least twice each reporting day (once by 10 a.m. Central 
Time, and once by 2 p.m. Central Time) the following information on 
total boxed beef domestic and export sales established on that day 
inclusive since the last reporting as described in Sec.  59.10(b):
    (1) The price for each lot of each boxed beef sale, quoted in 
dollars per hundredweight on a F.O.B. plant basis;
    (2) The quantity for each lot of each sale, quoted by number of 
pounds sold; and
    (3) The information regarding the characteristics of each sale is as 
follows:
    (i) The type of sale;
    (ii) The branded product characteristics, if applicable;
    (iii) The grade for steer and heifer beef (e.g., USDA Prime, USDA 
Choice or better, USDA Choice, USDA Select, ungraded no-roll product);
    (iv) The grade for cow beef or packer yield and/or quality sort for 
cow beef (e.g., Breakers, Boners, White Cow);
    (v) The cut of beef, referencing the most recent version of the 
Institutional Meat Purchase Specifications (IMPS), when applicable;
    (vi) The trim specification;
    (vii) The weight range of the cut;
    (viii) The product delivery period; and
    (ix) The beef type (steer/heifer, dairy steer/heifer, or cow).
    (b) Publication. The Secretary shall make available to the public 
the information obtained under paragraph (a) of this section not less 
frequently than twice each reporting day.



                        Subpart C_Swine Reporting



Sec.  59.200  Definitions.

    The following definitions apply to this subpart.
    Affiliate. The term ``affiliate'', with respect to a packer, means:
    (1) A person that directly or indirectly owns, controls, or holds 
with power to vote, 5 percent or more of the

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outstanding voting securities of the packer;
    (2) A person 5 percent or more of whose outstanding voting 
securities are directly or indirectly owned, controlled, or held with 
power to vote, by the packer; and
    (3) A person that directly or indirectly controls, or is controlled 
by or under common control with, the packer.
    Applicable reporting period. The term ``applicable reporting 
period'' means the period of time prescribed by the prior day report, 
the morning report, and the afternoon report, as provided in Sec.  
59.202.
    Average carcass weight. The term ``average carcass weight'' means 
the weight obtained by dividing the total carcass weight of the swine 
slaughtered at the packing plant during the applicable reporting period 
by the number of these same swine.
    Average lean percentage. The term ``average lean percentage'' means 
the value equal to the average percentage of the carcass weight 
comprised of lean meat for the swine slaughtered during the applicable 
reporting period. Whenever the packer changes the manner in which the 
average lean percentage is calculated, the packer shall make available 
to the Secretary the underlying data, applicable methodology and 
formulae, and supporting materials used to determine the average lean 
percentage, which the Secretary may convert either to the carcass 
measurements or lean percentage of the swine of the individual packer to 
correlate to a common percent lean measurement.
    Average net price. The term ``average net price'' means the quotient 
(stated per hundred pounds of carcass weight of swine) obtained by 
dividing the total amount paid for the swine slaughtered at a packing 
plant during the applicable reporting period (including all premiums and 
less all discounts) by the total carcass weight of the swine (in hundred 
pound increments).
    Average sort loss. The term ``average sort loss'' means the average 
discount (in dollars per hundred pounds carcass weight) for swine 
slaughtered during the applicable reporting period, resulting from the 
fact that the swine did not fall within the individual packer's 
established carcass weight range or lot variation range.
    Backfat. The term ``backfat'' means the fat thickness (in inches) 
measured between the third and fourth rib from the last rib, 7 
centimeters from the carcass split (or adjusted from the individual 
packer's measurement to that reference point using an adjustment made by 
the Secretary) of the swine slaughtered during the applicable reporting 
period.
    Barrow. The term ``barrow'' means a neutered male swine, with the 
neutering performed before the swine reached sexual maturity.
    Base market hog. The term ``base market hog'' means a hog for which 
no discounts are subtracted from and no premiums are added to the base 
price.
    Base price. The term ``base price'' means the price from which no 
discounts are subtracted and no premiums are added.
    Boars. The term ``boar'' means a sexually-intact male swine.
    Bred female swine. The term ``bred female swine'' means any female 
swine, whether a sow or gilt, that has been mated or inseminated, or has 
been confirmed, to be pregnant.
    Formula price. The term ``formula price'' means a price determined 
by a mathematical formula under which the price established for a 
specified market serves as the basis for the formula.
    Gilt. The term ``gilt'' means a young female swine that has not 
produced a litter.
    Highest net price. The term ``highest net price'' means the highest 
net price paid for a single lot or group of swine slaughtered at a 
packing plant during the applicable reporting period per hundred pounds 
of carcass weight of swine.
    Hog Class. The term ``hog class'' means, as applicable, barrows or 
gilts; sows; or boars or stags.
    Loin depth. The term ``loin depth'' means the muscle depth (in 
inches) measured between the third and fourth ribs from the last rib, 7 
centimeters from the carcass split (or adjusted from the individual 
packer's measurement to that reference point using an adjustment made by 
the Secretary) of the swine slaughtered during the applicable reporting 
period.

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    Lowest net price. The term ``lowest net price'' means the lowest net 
price paid for a single lot or group of swine slaughtered at a packing 
plant during the applicable reporting period per hundred pounds of 
carcass weight of swine.
    Net price. The term ``net price'' means the total amount paid by a 
packer to a producer (including all premiums, less all discounts) per 
hundred pounds of carcass weight of swine delivered at the plant. The 
total amount paid shall include any sum deducted from the price (per 
hundredweight) paid to a producer that reflects the repayment of a 
balance owed by the producer to the packer or the accumulation of a 
balance to later be repaid by the packer to the producer. The total 
amount paid shall exclude any sum earlier paid to a producer that must 
be repaid to the packer.
    Noncarcass merit premium. The term ``noncarcass merit premium'' 
means an increase in the base price of the swine offered by an 
individual packer or packing plant, based on any factor other than the 
characteristics of the carcass, if the actual amount of the premium is 
known before the sale and delivery of the swine.
    Other market formula purchase. The term ``other market formula 
purchase'' means a purchase of swine by a packer in which the pricing 
mechanism is a formula price based on any market other than the market 
for swine, pork, or a pork product. The term ``other market formula 
purchase'' includes a formula purchase in a case which the price formula 
is based on 1 or more futures or options contracts.
    Other purchase arrangement. The term ``other purchase arrangement'' 
means a purchase of swine by a packer that is not a negotiated purchase, 
swine or pork market formula purchase, or other market formula purchase; 
and does not involve packer-owned swine.
    Packer. The term ``packer'' means any person engaged in the business 
of buying swine in commerce for purposes of slaughter, of manufacturing 
or preparing meats or meat food products from swine for sale or shipment 
in commerce, or of marketing meats or meat food products from swine in 
an unmanufactured form acting as a wholesale broker, dealer, or 
distributor in commerce. For any calendar year, the term ``packer'' 
includes only a federally inspected swine processing plant that 
slaughtered an average of 100,000 head of swine per year during the 
immediately preceding 5 calendar years. Additionally, in the case of a 
swine processing plant that did not slaughter swine during the 
immediately preceding 5 calendar years, it shall be considered a packer 
if the Secretary determines the processing plant should be considered a 
packer under this subpart after considering its capacity.
    Packer-owned swine. The term ``packer-owned swine'' means swine that 
a packer (including a subsidiary or affiliate of the packer) owns for at 
least 14 days immediately before slaughter.
    Packer-sold swine. The term ``packer-sold swine'' means the swine 
that are owned by a packer (including a subsidiary or affiliate of the 
packer) for more than 14 days immediately before sale for slaughter; and 
sold for slaughter to another packer.
    Pork. The term ``pork'' means the meat of a porcine animal.
    Pork product. The term ``pork product'' means a product or byproduct 
produced or processed in whole or in part from pork.
    Purchase data. The term ``purchase data'' means all of the 
applicable data, including base price and weight (if purchased live), 
for all swine purchased during the applicable reporting period, 
regardless of the expected delivery date of the swine, reported by:
    (1) Hog class;
    (2) Type of purchase; and
    (3) Packer-owned swine.
    Slaughter data. The term ``slaughter data'' means all of the 
applicable data for all swine slaughtered by a packer during the 
applicable reporting period, regardless of whether the price of the 
swine was negotiated or otherwise determined, reported by:
    (1) Hog class;
    (2) Type of purchase; and
    (3) Packer-owned swine.
    Sow. The term ``sow'' means an adult female swine that has produced 
1 or more litters.
    Stag. The term ``stag'' means a male swine that was neutered after 
reaching sexual maturity.

[[Page 178]]

    Swine. The term ``swine'' means a porcine animal raised to be a 
feeder pig, raised for seedstock, or raised for slaughter.
    Swine committed. The term ``swine committed'' means swine scheduled 
and delivered to a packer within the 14-day period beginning on the date 
of an agreement to sell the swine.
    Swine or pork market formula purchase. The term ``swine or pork 
market formula purchase'' means a purchase of swine by a packer in which 
the pricing mechanism is a formula price based on a market for swine, 
pork, or a pork product, other than a future or option for swine, pork, 
or a pork product.
    Type of purchase. The term ``type of purchase'', with respect to 
swine, means:
    (1) A negotiated purchase;
    (2) Other market formula purchase;
    (3) A swine or pork market formula purchase; and
    (4) Other purchase arrangement.



Sec.  59.201  General reporting provisions.

    (a) Packer-owned swine. Information required under this section for 
packer-owned swine shall include quantity and carcass characteristics, 
but not price.
    (b) Type of Purchase. If information regarding the type of purchase 
is required under this section, the information shall be reported 
according to the numbers and percentages of each type of purchase 
comprising:
    (1) Packer-sold swine; and
    (2) All other swine.



Sec.  59.202  Mandatory daily reporting for swine.

    (a) Prior day report. The corporate officers or officially 
designated representatives of each packer shall report to the Secretary 
for each business day of the packer not later than 7:00 a.m. Central 
Time on each reporting day information regarding all swine purchased, 
priced, or slaughtered during the prior business day of the packer as 
specified in Sec.  59.10(b):
    (1) All purchase data, reported by lot, including:
    (i) The total number of swine purchased;
    (ii) The total number of swine scheduled for delivery to a packer 
for slaughter;
    (iii) The base price and weight for all swine purchased on a live 
weight basis; and
    (iv) The base price and premiums and discounts paid for carcass 
characteristics for all swine purchased on a carcass basis for which a 
price has been established. For swine that were not priced, this 
information shall be reported on the next prior day report after the 
price is established.
    (2) The following slaughter data for the total number of swine 
slaughtered:
    (i) The average net price;
    (ii) The lowest net price;
    (iii) The highest net price;
    (iv) The average carcass weight;
    (v) The average sort loss;
    (vi) The average backfat;
    (vii) The average loin depth;
    (viii) The average lean percentage; and
    (ix) Total quantity slaughtered.
    (3) Packer purchase commitments, which shall be equal to the number 
of swine scheduled for delivery to a packer for slaughter for each of 
the next 14 calendar days.
    (4) Publication. The Secretary shall publish the information 
obtained under this paragraph in a prior day report not later than 8:00 
a.m. Central Time on the reporting day on which the information is 
received from the packer.
    (b) Morning report. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary not later than 10:00 a.m. Central Time each reporting day as 
described in Sec.  59.10(b):
    (1) The packer's best estimate of the total number of swine and 
packer-owned swine expected to be purchased throughout the reporting day 
through each type of purchase;
    (2) The total number of swine and packer-owned swine purchased up to 
that time of the reporting day through each type of purchase;
    (3) All purchase data for base market hogs purchased up to that time 
of the reporting day through negotiated purchases; and
    (4) All purchase data for base market hogs purchased through each 
type of purchase other than negotiated purchase up to that time of the 
reporting

[[Page 179]]

day, unless such information is unavailable due to pricing that is 
determined on a delayed basis. The packer shall report information on 
such purchases on the first reporting day or scheduled reporting time on 
a reporting day after the price has been determined.
    (5) Publication. The Secretary shall publish the information 
obtained under this paragraph in the morning report as soon as 
practicable, but not later than 11 a.m. Central Time, on each reporting 
day.
    (c) Afternoon report. The corporate officers or officially 
designated representatives of each packer processing plant shall report 
to the Secretary not later than 2:00 p.m. Central Time each reporting 
day as described in Sec.  59.10(b):
    (1) The packer's best estimate of the total number of swine and 
packer-owned swine expected to be purchased throughout the reporting day 
through each type of purchase;
    (2) The total number of swine and packer-owned swine purchased up to 
that time of the reporting day through each type of purchase;
    (3) The base price paid for all base market hogs purchased up to 
that time of the reporting day through negotiated purchases; and
    (4) The base price paid for all base market hogs purchased through 
each type of purchase other than negotiated purchase up to that time of 
the reporting day, unless such information is unavailable due to pricing 
that is determined on a delayed basis. The packer shall report 
information on such purchases on the first reporting day or scheduled 
reporting time on a reporting day after the price has been determined.
    (5) Publication. The Secretary shall publish the information 
obtained under this paragraph in the afternoon report as soon as 
practicable, but not later than 3:00 p.m. Central Time, on each 
reporting day.



Sec.  59.203  Mandatory weekly reporting for swine.

    (a) Weekly noncarcass merit premium report. Not later than 4:00 p.m. 
Central Time in accordance with Sec.  59.10(b) on the first reporting 
day of each week, the corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary a noncarcass merit premium report that lists:
    (1) Each category of standard noncarcass merit premiums used by the 
packer in the prior slaughter week; and
    (2) The dollar value (in dollars per hundred pounds of carcass 
weight) paid to producers by the packer, by category.
    (b) Premium list. A packer shall maintain and make available to a 
producer, on request, a current listing of the dollar values (per 
hundred pounds of carcass weight) of each noncarcass merit premium used 
by the packer during the current or the prior slaughter week.
    (c) Publication. The Secretary shall publish the information 
obtained under this subsection as soon as practicable, but not later 
than 5:00 p.m. Central Time, on the first reporting day of each week.



                        Subpart D_Lamb Reporting



Sec.  59.300  Definitions.

    The following definitions apply to this subpart.
    Boxed lamb. The term ``boxed lamb'' means those carlot-based 
portions of a lamb carcass including fresh primals, subprimals, cuts 
fabricated from subprimals (excluding portion-control cuts such as chops 
and steaks similar to those portion cut items described in the 
Institutional Meat Purchase Specifications (IMPS) for Fresh Lamb and 
Mutton Series 200, and thin meats (e.g. inside and outside skirts, 
pectoral meat, cap and wedge meat, and blade meat) not older than 14 
days from date of manufacture; fresh ground lamb, lamb trimmings, and 
boneless processing lamb not older than 7 days from date of manufacture; 
frozen primals, subprimals, cuts fabricated from subprimals, and thin 
meats not older than 180 days from date of manufacture; and frozen 
ground lamb, lamb trimmings, and boneless processing lamb not older than 
90 days from date of manufacture.
    Branded. The term ``branded'' means boxed lamb cuts produced and 
marketed under a corporate trademark (for example, products that are 
marketed

[[Page 180]]

on their quality, yield, or breed characteristics), or boxed lamb cuts 
produced and marketed under one of USDA's Meat Grading and Certification 
Branch, Certified programs.
    Carcass characteristics. The term ``carcass characteristics'' means 
the range and average carcass weight in pounds, the quality grade and 
yield grade (if applicable), and the lamb average dressing percentage.
    Carlot-based. The term ``carlot-based'' means any transaction 
between a buyer and a seller destined for three or less delivery stops 
consisting of one or more individual boxed lamb items or any combination 
of carcass weights.
    Established. The term ``established'', when used in connection with 
prices, means that point in time when the buyer and seller agree upon a 
net price.
    Formula marketing arrangement.
    (1) When used in reference to live lambs, the term ``formula 
marketing arrangement'' means the advance commitment of lambs for 
slaughter by any means other than through a negotiated purchase or a 
forward contract, using a method for calculating price in which the 
price is determined at a future date.
    (2) When used in reference to boxed lamb, the term ``formula 
marketing arrangement'' means the advance commitment of boxed lamb by 
any means other than through a negotiated purchase or a forward 
contract, using a method for calculating price in which the price is 
determined at a future date.
    Forward contract.
    (1) When used in reference to live lambs, the term ``forward 
contact'' means an agreement for the purchase of lambs, executed in 
advance of slaughter, under which the base price is established by 
reference to publicly available prices.
    (2) When used in reference to boxed lamb, the term ``forward 
contract'' means an agreement for the sale of boxed lamb, executed in 
advance of manufacture, under which the base price is established by 
reference to publicly available quoted prices.
    Importer. The term ``importer'' means any person engaged in the 
business of importing lamb meat products who takes ownership of such 
lamb meat products with the intent to sell or ship in U.S. commerce. For 
any calendar year, the term includes only those that imported an average 
of 5,000 metric tons of lamb meat products per year during the 
immediately preceding 5 calendar years. Additionally, the term includes 
those that did not import an average of 5,000 metric tons of lamb meat 
products during the immediately preceding 5 calendar years, if the 
Secretary determines that the person should be considered an importer 
based on their volume of lamb imports.
    Lambs committed. The term ``lambs committed'' means lambs that are 
scheduled to be delivered to a packer within the 7-day period beginning 
on the date of an agreement to sell the lambs.
    Packer. The term ``packer'' means any person engaged in the business 
of buying lambs in commerce for purposes of slaughter, of manufacturing 
or preparing meat products from lambs for sale or shipment in commerce, 
or of marketing meats or meat products from lambs in an unmanufactured 
form acting as a wholesale broker, dealer, or distributor in commerce. 
For any calendar year, the term includes only a federally inspected lamb 
processing plant which slaughtered or processed the equivalent of an 
average of 75,000 head of lambs per year during the immediately 
preceding 5 calendar years. Additionally, the term includes a lamb 
processing plant that did not slaughter or process an average of 75,000 
lambs during the immediately preceding 5 calendar years if the Secretary 
determines that the processing plant should be considered a packer after 
considering its capacity.
    Packer-owned lambs. The term ``packer-owned lambs'' means lambs that 
a packer owns for at least 14 days immediately before slaughter.
    Terms of trade. The term ``terms of trade'' includes, with respect 
to the purchase of lambs for slaughter:
    (1) Whether a packer provided any financing agreement or arrangement 
with regard to the lambs;
    (2) Whether the delivery terms specified the location of the 
producer or the location of the packer's plant;
    (3) Whether the producer is able to unilaterally specify the date 
that the

[[Page 181]]

lambs are to be delivered for slaughter; and
    (4) The percentage of lambs purchased by a packer as a negotiated 
purchase that are delivered to the plant for slaughter more than 7 days, 
but less than 14 days, after the earlier of either:
    (i) The date on which the lambs were committed to the packer;
    (ii) The date on which the lambs were purchased by the packer; or
    (iii) The date on which the lambs were priced by the packer.
    Type of purchase. The term ``type of purchase'' means a negotiated 
purchase, a formula market arrangement, and a forward contract.
    Type of sale. The term ``type of sale'' with respect to boxed lamb, 
means a negotiated sale, a formula market arrangement, and a forward 
contract.



Sec.  59.301  Mandatory daily reporting for lambs.

    (a) In general. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary at least once each reporting day not later than 2:00 p.m. 
Central Time the following information for lamb, categorized to clearly 
delineate domestic from imported market purchases as described in Sec.  
59.10(b):
    (1) The prices for lambs (per hundredweight) established on that day 
as F.O.B. feedlot or delivered at the plant, categorized by:
    (i) The type of purchase;
    (ii) The class of lamb;
    (iii) The quantity of lambs purchased on a live weight basis;
    (iv) The quantity of lambs purchased on a dressed weight basis;
    (v) A range and average of estimated live weights of lambs 
purchased;
    (vi) An estimate of the percentage of the lambs purchased that were 
of a quality grade of Choice or better;
    (vii) Any premiums or discounts associated with weight, quality 
grade, yield grade, or any type of purchase;
    (viii) Lamb State of origin;
    (ix) The pelt type; and
    (x) The estimated lamb dressing percentage.
    (2) The quantity of lambs delivered to the packer (quoted in numbers 
of head) on that day, categorized by:
    (i) The type of purchase;
    (ii) The quantity of lambs delivered on a live weight basis; and
    (iii) The quantity of lambs delivered on a dressed weight basis.
    (3) The quantity of lambs committed to the packer (quoted in numbers 
of head) as of that day, categorized by:
    (i) The type of purchase;
    (ii) The quantity of lambs committed on a live weight basis; and
    (iii) The quantity of lambs committed on a dressed weight basis.
    (4) The terms of trade regarding the lambs, as applicable.
    (b) Publication. The Secretary shall make the information available 
to the public not less than once each reporting day.



Sec.  59.302  Mandatory weekly reporting for lambs.

    (a) In general. The corporate officers or officially designated 
representatives of each packer processing plant shall report to the 
Secretary the following information applicable to the prior slaughter 
week contained in paragraphs (a)(1) through (a)(4) and (a)(6) of this 
section not later than 9 a.m. Central Time on the second reporting day 
of the current slaughter week, and the following information applicable 
to the prior slaughter week contained in paragraph (a)(5) of this 
section not later than 9:00 a.m. Central Time on the first reporting day 
of the current slaughter week categorized to clearly delineate domestic 
from imported market purchases:
    (1) The quantity of lambs purchased through forward contracts that 
were slaughtered;
    (2) The quantity of lambs delivered under a formula marketing 
arrangement that were slaughtered;
    (3) The quantity and carcass characteristics of packer-owned lambs 
that were slaughtered;
    (4) The quantity, basis level, and delivery month for all lambs 
purchased through forward contracts;
    (5) The following information applicable to the current slaughter 
week. The range and average of intended premiums and discounts 
(including those associated with weight, quality grade, yield grade, or 
type of lamb) that are expected to be in effect for the current 
slaughter week; and

[[Page 182]]

    (6) The following information for lambs purchased through a formula 
marketing arrangement and slaughtered during the prior slaughter week, 
categorized to clearly delineate domestic from imported market 
purchases:
    (i) The quantity (quoted in both numbers of head and pounds) of 
lambs;
    (ii) The weighted average price paid for a carcass, including 
applicable premiums and discounts;
    (iii) The range of premiums and discounts paid;
    (iv) The weighted average of premiums and discounts paid;
    (v) The range of prices paid; and
    (vi) The terms of trade regarding the lambs, as applicable.
    (b) Publication. The Secretary shall make available to the public 
the information obtained under paragraphs (a)(1) through (a)(4) and 
(a)(6) of this section on the second reporting day of the current 
slaughter week and information obtained in paragraph (a)(5) of this 
section on the first reporting day of the current slaughter week.



Sec.  59.303  Mandatory reporting of lamb carcasses and boxed lamb.

    (a) Daily reporting of lamb carcass transactions. The corporate 
officers or officially designated representatives of each packer shall 
report to the Secretary each reporting day the following information on 
total carlot-based lamb carcass transactions not later than 3:00 p.m. 
Central Time in accordance with Sec.  59.10(b):
    (1) The price for each lot of each lamb carcass transaction, quoted 
in dollars per hundredweight on an F.O.B. plant basis;
    (2) The quantity for each lot of each transaction, quoted by number 
of carcasses sold; and
    (3) The following information regarding the characteristics of each 
transaction:
    (i) The type of sale;
    (ii) The USDA quality grade of lamb;
    (iii) The USDA yield grade;
    (iv) The estimated weight range of the carcasses; and
    (v) The product delivery period.
    (b) Daily reporting of domestic boxed lamb sales. The corporate 
officers or officially designated representatives of each packer shall 
report to the Secretary each reporting day the following information on 
total domestic boxed lamb cut sales not later than 2:30 p.m. Central 
Time as described in Sec.  59.10(b):
    (1) The price for each lot of each boxed lamb cut sale, quoted in 
dollars per hundredweight on a F.O.B. plant basis;
    (2) The quantity for each lot of each sale, quoted by product weight 
sold; and
    (3) The following information regarding the characteristics of each 
transaction:
    (i) The type of sale;
    (ii) The branded product characteristics, if applicable;
    (iii) The U.S.D.A. quality grade of lamb;
    (iv) The cut of lamb, referencing the most recent version of the 
Institutional Meat Purchase Specifications (IMPS), when applicable;
    (v) U.S.D.A. yield grade, if applicable;
    (vi) The product state of refrigeration;
    (vii) The weight range of the cut; and
    (viii) The product delivery period.
    (c) Weekly reporting of imported boxed lamb sales. The corporate 
officers or officially designated representatives of each lamb importer 
shall report to the Secretary on the first reporting day of each week 
the following information applicable to the prior week for imported 
boxed lamb cut sales not later than 10 a.m. Central Time:
    (1) The price for each lot of a boxed lamb cut sale, quoted in 
dollars per hundredweight on a F.O.B. plant basis;
    (2) The quantity for each lot of a transaction, quoted by product 
weight sold; and
    (3) The following information regarding the characteristics of each 
transaction:
    (i) The type of sale;
    (ii) The branded product characteristics, if applicable;
    (iii) The cut of lamb, referencing the most recent version of the 
Institutional Meat Purchase Specifications (IMPS), when applicable;
    (iv) The product state of refrigeration;
    (v) The weight range of the cut; and
    (vi) The product delivery period.

[[Page 183]]

    (d) Publication. The Secretary shall make available to the public 
the information required to be reported in paragraphs (a) and (b) of 
this section not less frequently than once each reporting day and the 
information required to be reported in paragraph (c) of this section on 
the first reporting day of the current slaughter week.



                      Subpart E_OMB Control Number



Sec.  59.400  OMB control number assigned pursuant to the Paperwork Reduction Act.

    The information collection and recordkeeping requirements of this 
part have been approved by the Office of Management and Budget (OMB) 
under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB 
Control Number 0581-0186.

                           PART 60 [RESERVED]



PART 61_COTTONSEED SOLD OR OFFERED FOR SALE FOR CRUSHING PURPOSES 
(INSPECTION, SAMPLING AND CERTIFICATION)--Table of Contents




                          Subpart A_Regulations

                               Definitions

Sec.
61.1 Words in singular form.
61.2 Terms defined.
61.2a Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purpose of the Agricultural 
          Marketing Act.

                       Administrative and General

61.3 Director.
61.4 Supervisor of cottonseed inspection.
61.5 Regulations to govern.
61.6 Denial of further services.
61.7 Misrepresentation.
61.8 Application for review.
61.9 Cost of review.

                      Licensed Cottonseed Samplers

61.25 Application for license as sampler; form.
61.27 Period of license; renewals.
61.30 Examination of sampler.
61.31 License must be posted.
61.32 No discrimination in sampling.
61.33 Equipment of sampler; contents of certificate.
61.34 Drawing and preparation of sample.
61.36 Cause for suspension or revocation.
61.37 License may be suspended.
61.38 Suspended license to be returned to Division.
61.39 Duplicate license.
61.40 Reports of licensed samplers.
61.41 Unlicensed persons must not represent themselves as licensed 
          samplers.
61.42 Information on sampling to be kept confidential.

 Subpart B_Standards for Grades of Cottonseed Sold or Offered for Sale 
             for Crushing Purposes Within the United States

61.101 Determination of grade.
61.102 Determination of quantity index.
61.103 Determination of quality index.
61.104 Sampling and certification of samples and grades.

    Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.



                          Subpart A_Regulations

    Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

                               Definitions



Sec.  61.1  Words in singular form.

    Words used in the regulations in this subpart in the singular form 
shall be deemed to import the plural, and vice-versa, as the case may 
demand.



Sec.  61.2  Terms defined.

    As used throughout the regulations in this part, unless the context 
otherwise requires, the following terms shall be construed, respectively 
to mean:
    (a) The act. 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.
    (b) Regulations. Regulations mean the provisions in this subpart.
    (c) Department. The United States Department of Agriculture.
    (d) Secretary. The Secretary of Agriculture of the United States, or 
any officer or employee of the Department to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.
    (e) Service. The Agricultural Marketing Service of the United States 
Department of Agriculture.

[[Page 184]]

    (f) Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.
    (g) Division. The Cotton Division of the Agricultural Marketing 
Service.
    (h) Director. The Director of the Cotton 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.
    (i) Custodian. Person who has possession or control of cottonseed or 
of samples of cottonseed as agent, controller, broker, or factor, as the 
case may be.
    (j) Owner. Person who through financial interest owns or controls, 
or has the disposition of either cottonseed or of samples of cottonseed.
    (k) Official cottonseed standards. The official standards of the 
United States for the grading, sampling, and analyzing of cottonseed 
sold or offered for sale for crushing purposes.
    (l) Supervisor of cottonseed inspection. An officer of the Division 
designated as such by the Director.
    (m) License. A license issued under the act by the Secretary.
    (n) Licensed cottonseed chemist. A person licensed under the act by 
the Secretary to make quantitative and qualitative chemical analyses of 
samples of cottonseed according to the methods prescribed by the Science 
Division Director of the Agricultural Marketing Service and to 
certificate the grade according to the official cottonseed standards of 
the United States.
    (o) Licensed cottonseed sampler. A person licensed by the Secretary 
to draw and to certificate the authenticity of samples of cottonseed in 
accordance with the regulations in this subpart.
    (p) Dispute. A disagreement as to the true grade of a sample of 
cottonseed analyzed and graded by a licensed chemist.
    (q) Party. A party to a dispute.
    (r) Commercial laboratory. A chemical laboratory operated by an 
individual, firm, or corporation in which one or more persons are 
engaged in the chemical analysis of materials for the public.
    (s) Cottonseed. The word ``cottonseed'' as used in this part means 
the seed, after having been put through the usual and customary process 
known as cotton ginning, of any cotton produced within the continental 
United States.
    (t) Lot. That parcel or quantity of cottonseed offered for sale or 
tendered for delivery or delivered on a sale or contract of sale, in 
freight cars, trucks, wagons, or otherwise in the quantities and within 
the time limits prescribed from time to time by the Director for the 
drawing and preparation of official samples by licensed cottonseed 
samplers.
    (u) Official sample. A specimen of cottonseed drawn and prepared by 
a licensed cottonseed sampler and certified by him as representative of 
a certain identified lot, in accordance with the regulations in this 
subpart.

[22 FR 10948, Dec. 28, 1957, as amended at 58 FR 42413, Aug. 9, 1993]



Sec.  61.2a  Designation of official certificates, memoranda, marks, 
other identifications, and devices for purpose of the Agricultural 
Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Pub. L. 272, 84th Congress, provides criminal penalties for 
various specified offenses relating to official certificates, memoranda, 
marks, or 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 
inspection, sampling, class, grade, quality, 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

[[Page 185]]

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, 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 inspected or both, 
or indicating the appropriate U.S. grade or condition of the product, or 
for the purpose or maintaining the identity of products graded or 
inspected or both under this part.
    (d) Official identification means any United States (U.S.) standard 
designation of class, grade, quality, 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, quantity, or condition of the product, approved 
by the Administrator and authorized to be affixed to any product, or 
affixed to or printed on the packaging material of any product.
    (e) Official device means a stamping appliance, branding device, 
stencil, printed label, or any other mechanically or manually operated 
tool that is approved by the Administrator for the purpose of applying 
any official mark or other identification to any product or the 
packaging material thereof.

                       Administrative and General



Sec.  61.3  Director.

    The Director shall perform for and under the supervision of the 
Secretary and the Administrator, such duties as the Secretary or the 
Administrator may require in enforcing the provisions of the act and the 
regulations.



Sec.  61.4  Supervisor of cottonseed inspection.

    The Director, whenever he deems necessary, may designate an officer 
of the Division as supervisor of cottonseed inspection who shall 
supervise the inspection and sampling of cottonseed and perform such 
other duties as may be required of him in administering the act and the 
regulations.



Sec.  61.5  Regulations to govern.

    The inspection, sampling, analyzing, and grading of cottonseed in 
the United States pursuant to the act shall be performed as prescribed 
in methods approved from time to time by the Director.



Sec.  61.6  Denial of further services.

    Any person, partnership, or corporation that shall have undertaken 
to utilize the services of licensed cottonseed samplers under these 
regulations who shall not make available for official sampling and 
analysis each lot of cottonseed purchased or sold on grade and received 
by such person or partnership or corporation, may be denied further 
services under the act and these regulations: Provided, That in cases of 
persons, partnerships, or corporations operating two or more cottonseed 
crushing units under separate local managements, such penalty shall 
apply only to the offending unit, unless it shall be shown that the 
actions of such unit were at the direction or with the knowledge, 
approval, or acquiescence of the general management.

[22 FR 10948, Dec. 28, 1957, as amended at 58 FR 42413, Aug. 9, 1993]



Sec.  61.7  Misrepresentation.

    Any willful misrepresentation or any deceptive or fradulent practice 
made or committed by an applicant for a cottonseed sampler's certificate 
or for a cottonseed chemist's certificate or for an appeal grade 
certificate in connection with the sampling or grading of cottonseed by 
persons licensed under the act and the regulations or the issuance or 
use of a certificate not issued by a person licensed under the 
regulations in imitation of or that might mislead anyone to believe that 
such certificate was in fact issued by a person licensed under the act, 
or that might be otherwise false, misleading, or deceptive, may be 
deemed sufficient cause for debarring such applicant from any further 
benefits of the act.

[[Page 186]]



Sec.  61.8  Application for review.

    In case of dispute in which a review is desired of the grading of 
any official sample of cottonseed covered by a valid certificate issued 
by a licensed cottonseed chemist, application therefor shall be filed 
with or mailed to a supervisor of cottonseed inspection within ten days 
after the date of the original certificate, whereupon the licensed 
chemist issuing the certificate shall immediately surrender to such 
supervisor the retained portion of the original sample, together with 
such records as may be required, for the determination of the true 
grade. The supervisor shall assign to such retained portion an 
identification number, shall divide such retained portion into two parts 
and submit the parts to two other licensed cottonseed chemists for 
reanalysis. Should the supervisor determine that such reanalyses 
indicate a grade differing from the original by not more than plus or 
minus one full grade, the original grade shall be considered the true 
grade. Should he find that such reanalyses indicate a grade differing 
more than plus or minus one full grade from the original, he shall 
determine the true grade. In any case, the supervisor shall issue over 
his name an appeal cottonseed grade certificate showing the true grade 
as determined in accordance with this section, which shall supersede the 
licensed chemists' certificates relating to the grade of such seed. 
Where due solely to errors in calculation or clerical error a grade 
certificated by a licensed cottonseed chemist is not the true grade, the 
supervisor shall direct the licensee to cancel the original and to issue 
a correct certificate. Should such error be found after an application 
for review has been filed, the supervisor shall nevertheless issue an 
appeal cottonseed grade certificate showing the true grade of the 
cottonseed involved.

[22 FR 10948, Dec. 28, 1957, Dec. 28, 1957, as amended at 58 FR 42413, 
Aug. 9, 1993]



Sec.  61.9  Cost of review.

    In cases of review of the grade of any official sample of 
cottonseed, payment covering the costs of re-analysis shall accompany 
the application.

                      Licensed Cottonseed Samplers



Sec.  61.25  Application for license as sampler; form.

    (a) Applications for licenses to sample cottonseed shall be made to 
the Director on forms furnished for the purpose by him.
    (b) Each such application shall be in English, shall be signed by 
the applicant, and shall contain or be accompanied by (1) satisfactory 
evidence that he is an actual resident of the United States, (2) 
satisfactory evidence of his experience in the handling and sampling of 
cottonseed, (3) a statement by the applicant that he agrees to comply 
with and abide by the terms of the act and these regulations so far as 
they relate to him, and with instructions issued from time to time 
governing the sampling of cottonseed, and (4) such other information as 
may be required.



Sec.  61.27  Period of license; renewals.

    The period for which a license may be issued under the regulations 
in Sec. Sec.  61.25 through 61.42 shall be from the first day of August 
following receipt of the application, and shall continue for 5 years, 
ending on the 31st of July in the fifth year. Renewals shall be for 5 
years also, beginning with the first day of August and ending on the 
31st day of July in the fifth year: Provided, That licenses or renewals 
issued on and after June 1 of any year shall be for the period ending 
July 31 of the fifth year following.

[59 FR 26411, May 20, 1994]



Sec.  61.30  Examination of sampler.

    Each applicant for a license as a sampler and each licensed sampler 
whenever requested by an authorized representative of the Director, 
shall submit to an examination or test to show his ability properly to 
perform the duties for which he is applying for a license or for which 
he has been licensed, and each such applicant or licensee shall furnish 
the Division any information requested at any time in regard to his 
sampling of cottonseed.



Sec.  61.31  License must be posted.

    Each licensed sampler shall keep his license conspicuously posted at 
the

[[Page 187]]

place where he functions as a sampler or in such other place as may be 
approved by the Director.



Sec.  61.32  No discrimination in sampling.

    Each licensed sampler, when requested, shall without discrimination, 
as soon as practicable and upon reasonable terms, sample any cottonseed 
if the same be made available to him at his place of business, under 
conditions that will permit proper sampling. Each such licensee shall 
give preference to those who request his services as such over persons 
who request his services in any other capacity.



Sec.  61.33  Equipment of sampler; contents of certificate.

    Each licensed sampler shall have available suitable triers or 
sampling tools, sample containers, scales, seed cleaners, seed mixers, 
and air-tight containers for enclosing and forwarding the official 
samples to licensed chemist, and with tags and samplers' certificates 
approved or furnished by the Director or his representative for 
identifying the samples of cottonseed and for certificating the 
condition of the cottonseed represented by such samples. There shall be 
clearly written or printed on the face of such certificate (a) a 
suitable caption; (b) the location of the cottonseed involved and its 
point of origin; (c) the identification of the lot from which the sample 
was drawn; (d) the date on which the sample was drawn; (e) the gross 
weight of the original sample, and the net weight of the cleaned sample; 
(f) a statement indicating that the sample was drawn in accordance with 
sampling methods prescribed by the Director of the Cotton Division; and 
(g) the signature of the licensed sampler as such. The use of such tags 
and certificates shall be in conformity with instructions issued from 
time to time by the Division.



Sec.  61.34  Drawing and preparation of sample.

    Each licensed cottonseed sampler shall draw, prepare, and identify 
one official sample of cottonseed and a duplicate thereof from each lot 
made available to him in such manner as may be required by the Director, 
and shall promptly prepare it for forwarding to a licensed cottonseed 
chemist for analysis and grading. The duplicate shall be sealed and 
retained by the sampler until the original official sample shall have 
been analyzed by a licensed chemist. If the original official sample 
shall become lost or destroyed before having been analyzed the duplicate 
shall become the official sample; otherwise the licensed sampler shall 
immediately remove the identification marks from the duplicate and 
discard it. In no case shall the duplicate be offered for analysis 
unless the original shall have been lost or destroyed before analysis.



Sec.  61.36  Cause for suspension or revocation.

    The failure or refusal of any cottonseed sampled, duly licensed as 
such under the regulations in this subpart, to draw, prepare, identify, 
and to forward an official sample of every lot of cottonseed made 
available to him for the purpose, in accordance with these regulations, 
shall be cause for the suspension or revocation of his license. A 
sampler's license may also be suspended when the sampler (a) has ceased 
to perform services as a licensed cottonseed sampler, (b) has knowingly 
or carelessly sampled cottonseed improperly, (c) has violated or evaded 
any provision of the Act, these regulations, or the sampling methods 
prescribed by the Director, (d) has used his license or allowed it to be 
used for any fraudulent or improper purposes, or (e) has in any manner 
become incompetent or incapacitated to perform the duties of a licensed 
sampler.



Sec.  61.37  License may be suspended.

    The Director may, without a hearing, suspend or revoke the license 
issued to a licensed sampler upon written request and a satisfactory 
statement of reasons therefor submitted by such licensed sampler. 
Pending final action by the Secretary, the Director may, whenever he 
deems such action necessary, suspend the license of any licensed sampler 
by giving notice of such suspension to the licensee, accompanied by a 
statement of the reasons therefor. Within 10 days after the receipt of 
the aforesaid notice and statement of reasons by such licensee, he

[[Page 188]]

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 10-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 10 days, the license shall be automatically revoked.



Sec.  61.38  Suspended license to be returned to Division.

    In case a license issued to a sampler is suspended or revoked such 
license shall be returned to the Division. At the expiration of any 
period of suspension of such license, unless in the meantime it be 
revoked, the dates of beginning and termination of such suspension shall 
be endorsed thereon, it shall be returned to the person to whom it was 
originally issued, and its shall be posted as prescribed in Sec.  61.31.



Sec.  61.39  Duplicate license.

    Upon satisfactory proof of the loss or destruction of a license 
issued to a sampler hereunder, a new license may be issued under the 
same or a new number.



Sec.  61.40  Reports of licensed samplers.

    Each licensed sampler, when requested, shall make reports on forms 
furnished for the purpose by the Division bearing upon his activity as 
such licensee.



Sec.  61.41  Unlicensed persons must not represent themselves as licensed samplers.

    No person shall in any way represent himself to be a sampler 
licensed under the act unless he holds an unsuspended and unrevoked 
license issued thereunder.



Sec.  61.42  Information on sampling to be kept confidential.

    Every person licensed under the act as a sampler of cottonseed shall 
keep confidential all information secured by him relative to shipments 
of cottonseed sampled by him. He shall not disclose such information to 
any person except an authorized representative of the Department.



 Subpart B_Standards for Grades of Cottonseed Sold or Offered for Sale 
             for Crushing Purposes Within the United States

    Authority: Secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 
1622, 1624.



Sec.  61.101  Determination of grade.

    The grade of cottonseed shall be determined from the analysis of 
samples by licensed chemists, and it shall be the result, stated in the 
nearest whole or half numbers, obtained by multiplying a quantity index 
by a quality index and dividing the result by 100. The quantity index 
and the quality index shall be determined as hereinafter provided.
    (a) The basis grade of cottonseed shall be grade 100.
    (b) High grades of cottonseed shall be those grades above 100.
    (c) Low grades of cottonseed shall be those grades below 100.
    (d) Grades for American Pima cottonseed shall be suffixed by the 
designation ``American Pima'' or by the symbol ``AP.''

[22 FR 10948, Dec. 28, 1957, as amended at 37 FR 20157, Sept. 27, 1972; 
58 FR 42413, Aug. 9, 1993]



Sec.  61.102  Determination of quantity index.

    The quantity index of cottonseed shall be determined as follows:
    (a) For upland cottonseed the quantity index shall equal four times 
percentage of oil plus six times percentage of ammonia, plus 5.
    (b) For American Pima cottonseed the quantity index shall equal four 
times percentage of oil, plus six times percentage of ammonia, minus 10.

[37 FR 20157, Sept. 27, 1972]



Sec.  61.103  Determination of quality index.

    The quality index of cottonseed shall be an index of purity and 
soundness, and shall be determined as follows:
    (a) Prime quality cottonseed. Cottonseed that by analysis contains 
not

[[Page 189]]

more than 1.0 percent of foreign matter, not more than 12.0 percent of 
moisture, and not more than 1.8 percent of free fatty acids in the oil 
in the seed, shall be known as prime quality cottonseed and shall have a 
quality index of 100.
    (b) Below prime quality cottonseed. The quality index of cottonseed 
that, by analysis, contain foreign matter, moisture, or free fatty acids 
in the oil in the seed, in excess of the percentages prescribed in 
paragraph (a) of this section shall be found by reducing the quality 
index of prime quality cottonseed as follows:
    (1) Four-tenths of a unit for each 0.1 percent of free fatty acids 
in the oil in the seed in excess of 1.8 percent.
    (2) One-tenth of a unit for each 0.1 percent of foreign matter in 
excess of 1.0 percent.
    (3) One-tenth of a unit for each 0.1 percent of moisture in excess 
of 12.0 percent.
    (c) Off quality cottonseed. Cottonseed that has been treated by 
either mechanical or chemical process other than the usual cleaning, 
drying, and ginning (except sterilization required by the United States 
Department of Agriculture for quarantine purposes) or that are fermented 
or hot, or that upon analysis are found to contain 12.5 percent or more 
of free fatty acids in the oil in the seed, or more than 10.0 percent of 
foreign matter, or more than 20.0 percent of moisture, or more than 25.0 
percent of moisture and foreign matter combined, shall be designated as 
``off quality cottonseed.''
    (d) Below grade cottonseed. Cottonseed the grade of which when 
calculated according to Sec.  61.101 is below grade 40.0 shall be 
designated as ``below grade cottonseed,'' and a numerical grade shall 
not be indicated.



Sec.  61.104  Sampling and certification of samples and grades.

    The drawing, preparation, and certification of samples of 
cottonseed, and certification of grades of cottonseed shall be performed 
in accordance with methods approved from time to time for the purposes 
by the Director, or his representatives.

[22 FR 10948, Dec. 28, 1957, as amended at 58 FR 42413, Aug. 9, 1993]



PART 70_VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS--Table 
of Contents




        Subpart A_Grading of Poultry Products and Rabbit Products

                                 General

Sec.
70.1 Definitions.
70.2 Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purposes of the Agricultural 
          Marketing Act.
70.3 Administration.
70.4 Grading services available.
70.5 Nondiscrimination.
70.6 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

                            Basis of Service

70.10 Grading service.
70.11 [Reserved]
70.12 Supervision.
70.13 Ready-to-cook poultry and rabbits and specified poultry food 
          products; eligibility.
70.14 Squabs and domesticated game birds; eligibility.
70.15 Equipment and facilities to be furnished for use of graders in 
          performing service on a resident basis.
70.16 Prerequisites to grading.
70.17 Accessibility of products.
70.18 Schedule of operation of official plants.

                         Performance of Services

70.20 Licensed or authorized graders.
70.21 Suspension of license; revocation.
70.22 Surrender of license.
70.23 Identification.
70.24 Financial interest of graders.
70.25 Political activity.

                     Application for Grading Service

70.30 Who may obtain grading service.
70.31 How application for service may be made; conditions of service.
70.32 Filing of application.
70.33 Authority of applicant.
70.34 Application for grading service in official plants; approval.
70.35 Rejection of application.
70.36 Withdrawal of application.
70.37 Order of service.
70.38 Suspension or withdrawal of plant approval for correctable cause.

                            Denial of Service

70.40 Debarment.
70.41 Misrepresentation, deceptive, or fraudulent acts or practices.
70.42 Use of facsimile forms.

[[Page 190]]

70.43 Willful violation of the regulations.
70.44 Interfering with a grader or employee of Service.
70.45 Misleading labeling.
70.46 Miscellaneous.

                    Identifying and Marking Products

70.50 Approval of official identification and wording on labels.
70.51 Form of grademark and information required.
70.52 Prerequisites to packaging ready-to-cook poultry or rabbits 
          identified with consumer grademarks.
70.54 Retention authorities.
70.55 Check grading officially identified product.

                                 Reports

70.60 Report of grading work.
70.61 Information to be furnished to graders.
70.62 Reports of violations.

                            Fees and Charges

70.70 Payment of fees and charges.
70.71 On a fee basis.
70.72 Fees for appeal grading, or examination or review of a grader's 
          decision.
70.75 Travel expenses and other charges.
70.76 Charges for continuous poultry grading performed on a nonresident 
          basis.
70.77 Charges for continuous poultry or rabbit grading performed on a 
          resident basis.
70.78 Fees or charges for grading service performed under cooperative 
          agreement.

                                 Grading

70.80 General.
70.81 Ready-to-cook poultry and rabbits and specified poultry food 
          products.

                          Grading Certificates

70.90 Forms.
70.91 Issuance and disposition.
70.92 Advance information.

                     Appeal of a Grading or Decision

70.100 Who may request an appeal grading or review of a grader's 
          decision.
70.101 Where to file an appeal.
70.102 How to file an appeal.
70.103 When an application for an appeal grading may be refused.
70.104 Who shall perform the appeal.
70.105 Procedures for appeal gradings.
70.106 Appeal grading certificates.

       Sanitary Requirements, Facilities, and Operating Procedures

70.110 Requirements for sanitation, facilities, and operating procedures 
          in official plants.

Subparts B-C [Reserved]

    Authority: 7 U.S.C. 1621-1627.

    Source: 41 FR 23681, June 11, 1976, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.



        Subpart A_Grading of Poultry Products and Rabbit Products

                                 General



Sec.  70.1  Definitions.

    Unless the context otherwise requires, the following terms shall 
have the following meaning:
    Acceptable means suitable for the purpose intended and acceptable to 
the Service.
    Act means the applicable provisions of the Agricultural Marketing 
Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.) or any 
other act of Congress conferring like authority.
    Administrator means the Administrator of the Agricultural Marketing 
Service of the Department or any other officer or employee of the 
Department to whom there has heretofore been delegated or to whom there 
may hereafter be delegated the authority to act in his stead.
    Applicant means any interested person who requests any grading 
service.
    Carcass means any poultry or rabbit carcass.
    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.
    Condition means any condition, including but not being limited to, 
the state of preservation, cleanliness, or soundness of any product; or 
any condition, including but not limited to the processing, handling, or 
packaging which affects such product.
    Condition and wholesomeness means the condition of any product and 
its healthfulness and fitness for human food.
    Department means the United States Department of Agriculture.

[[Page 191]]

    Free from protruding feathers or hairs means that a poultry carcass, 
part, or poultry product with the skin on is free from protruding 
feathers or hairs which are visible to a grader during an examination at 
normal operating speeds. However, a poultry carcass, part, or poultry 
product may be considered as being free from protruding feathers or 
hairs if it has a generally clean appearance and if not more than an 
occasional protruding feather or hair is evidenced during a more careful 
examination.
    Giblets means the following poultry organs when properly trimmed and 
washed: The liver from which the bile sac has been removed, the heart 
from which the pericardial sac has been removed, and the gizzard from 
which the lining and contents have been removed. With respect to rabbits 
``giblets'' means the liver from which the bile sac has been removed and 
the heart from which the pericardial sac has been removed.
    Grader means any Federal or State employee or the employee of a 
local jurisdiction or cooperating agency to whom a license has been 
issued by the Secretary to investigate and certify in accordance with 
the regulations in this part the class, quality, quantity, or condition 
of products.
    Grading or grading service means: (a) 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; (b) the act whereby the grader 
identifies, according to the regulations in this part, the graded 
product; (c) with respect to any official plant, the act whereby a 
grader determines that the product in such plant was processed, handled, 
and packaged in accordance with Sec.  70.110, or (d) 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 regulations in this part, relative 
to the class, quality, quantity, or condition of a product.
    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.
    Identify means to apply official identification to products or the 
containers thereof.
    Lightly shaded discolorations on poultry are generally reddish in 
color and are usually confined to areas of the skin or the surface of 
the flesh.
    Moderately shaded discolorations on poultry skin or flesh are areas 
that are generally dark red or bluish, or are areas of flesh bruising. 
Moderately shaded discolorations are free from blood clots that are 
visible to a grader during an examination of the carcass, part, or 
poultry product at normal grading speeds.
    National supervisor means (a) the officer in charge of the poultry 
grading service of the Agricultural Marketing Service, and (b) other 
officers and employees of the Department designated by the officer in 
charge of the poultry grading service of the Agricultural Marketing 
Service.
    Office of grading means the office of any grader.
    Official plant or official establishment means one or more buildings 
or parts thereof comprising a single plant in which the facilities and 
methods of operation therein have been approved by the Administrator as 
suitable and adequate for grading service and in which grading is 
carried on in accordance with the regulations in this part.
    Person means any individual, partnership, association, business 
trust, corporation, or any organized group of persons, whether 
incorporated or not.
    Poultry means any kind of domesticated bird, including, but not 
being limited to, chickens, turkeys, ducks, geese, pigeons, and guineas.
    Poultry food product means any article of human food or any article 
intended for or capable of being so used, which is prepared or derived 
in whole or in substantial part, from any edible part or parts of 
poultry.

[[Page 192]]

    Poultry product means any ready-to-cook poultry carcass or part 
therefrom or any specified poultry food product.
    Poultry grading service means the personnel who are actively engaged 
in the administration, application, and direction of poultry and rabbit 
grading programs and services pursuant to the regulations in this part.
    Quality means the inherent properties of any product which determine 
its relative degree of excellence.
    Rabbit means any domesticated rabbit whether live or dead.
    Rabbit product means any ready-to-cook rabbit carcass or part 
therefrom.
    Ready-to-cook poultry means any slaughtered poultry free from 
protruding feathers, vestigial feathers (hair or down as the case may 
be) and from which the head, feet, crop, oil gland, trachea, esophagus, 
entrails, mature reproductive organs, and lungs have been removed, and 
the kidneys have been removed from certain mature poultry as defined in 
9 CFR part 381, and with or without the giblets, and which is suitable 
for cooking without need of further processing. Ready-to-cook poultry 
also means any cut-up or disjointed portion of poultry or other parts of 
poultry as defined in 9 CFR part 381 that are suitable for cooking 
without need of further processing.
    Ready-to-cook rabbit means any rabbit which has been slaughtered for 
human food, from which the head, blood, skin, feet, and inedible viscera 
have been removed, that is ready to cook without need of further 
processing. Ready-to-cook rabbit also means any cut-up or disjointed 
portion of rabbit or any edible part thereof.
    Regional director means any employee of the Department in charge of 
poultry grading service in a designated geographical area.
    Regulations means the provisions of this entire part and such United 
States classes, standards, and grades for products as may be in effect 
at the time grading is performed.
    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.
    Slight discolorations on poultry skin or flesh are areas of 
discoloration that are generally pinkish in color and do not detract 
from the appearance of the carcass, part, or poultry product.
    Soundness means freedom from external evidence of any disease or 
condition which may render a carcass or product unfit for food.
    State supervisor or Federal-State supervisor means any authorized 
and designated individual who is in charge of the poultry grading 
service in a State.

[41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 
42 FR 32514, June 27, 1977, as amended at 43 FR 60138, Dec. 26, 1978. 
Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 FR 46071, 
Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982; 51 FR 17280, May 9, 1986; 60 
FR 6639, Feb. 2, 1995; 63 FR 40628, July 30, 1998]



Sec.  70.2  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 identification 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 meaning 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

[[Page 193]]

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 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 maintaining the identity of products graded under this part, 
including but not limited to, those marks set forth in Sec.  70.51.
    (d) Official identification means any United States (U.S.) standard 
designation of class, grade, quality, size, quantity, or condition 
specified in this part or any symbol, stamp, label, or seal indicating 
that the product has been officially graded and/or indicating the class, 
grade, quality, size, quantity, or condition of the product approved by 
the Administrator and authorized to be affixed to any product, or 
affixed to or printed on the packaging material of any product.
    (e) Official device means a stamping appliance, branding device, 
stencil, printed label, or any other mechanically or manually operated 
tool that is approved by the Administrator for the purpose of applying 
any official mark or other identification to any product or the 
packaging material thereof.



Sec.  70.3  Administration.

    The Administrator shall perform for and under the supervision of the 
Secretary such duties as are prescribed in the regulations in this part 
and as the Secretary may require in the administration of the 
regulations in this part. The Administrator is authorized to waive for 
limited periods any particular provisions of the regulations to permit 
experimentation so that new procedures and grading 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. 
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.  70.4  Grading services available.

    The regulations in this part provide for the following kinds of 
service; and any one or more of the different services applicable to 
official plants may be rendered in an official plant:
    (a) Grading of ready-to-cook poultry and rabbits in an official 
plant or at other locations with adequate facilities.
    (b) Grading of specified poultry food products in official plants.



Sec.  70.5  Nondiscrimination.

    The conduct of all services and the licensing of graders and 
inspectors under these regulations shall be accomplished without regard 
to race, color, national origin, religion, age, sex, or disability.

[60 FR 6640, Feb. 2, 1995]



Sec.  70.6  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 70 pursuant to the 
Paperwork Reduction Act of 1980, Pub. L. 96-511.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
        7 CFR section where identified and described         control No.
------------------------------------------------------------------------
70.3.......................................................    0581-0127
70.10......................................................    0581-0127
70.17......................................................    0581-0127
70.18......................................................    0581-0127
70.20(a)...................................................    0581-0127
70.21......................................................    0581-0127
70.31(a)...................................................    0581-0127
70.31(b)...................................................    0581-0127
70.33......................................................    0581-0127
70.34......................................................    0581-0127
70.35......................................................    0581-0127
70.36......................................................    0581-0127
70.38(c)...................................................    0581-0127
70.38(d)...................................................    0581-0127
70.40......................................................    0581-0127
70.50......................................................    0581-0127
70.61......................................................    0581-0127
70.62......................................................    0581-0127
70.73......................................................    0581-0127
70.76(b)(1)................................................    0581-0127
70.76(b)(3)(ii)............................................    0581-0127
70.77(a)(1)................................................    0581-0127
70.77(a)(4)................................................    0581-0127
70.77(b)(1)................................................    0581-0127
70.77(b)(3)(ii)............................................    0581-0127
70.91(a)...................................................    0581-0127
70.91(c)...................................................    0581-0127
70.92......................................................    0581-0127

[[Page 194]]

 
70.100.....................................................    0581-0127
70.102.....................................................    0581-0127
70.210(e)..................................................    0581-0127
70.310(e)..................................................    0581-0127
------------------------------------------------------------------------


[48 FR 56566, Dec. 22, 1983, as amended at 51 FR 26224, July 22, 1986]

                            Basis of Service



Sec.  70.10  Grading service.

    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 determination of quality of 
products shall be on the basis of United States classes, standards, and 
grades as contained in subparts B and 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.



Sec.  70.11  [Reserved]



Sec.  70.12  Supervision.

    All grading service shall be subject to supervision at all times by 
the responsible State supervisor, regional director, and national 
supervisor. Such service shall be rendered in accordance with 
instructions issued by the Administrator where the facilities and 
conditions are satisfactory for the conduct of the service and the 
requisite graders are available. Whenever the supervisor of a grader has 
evidence that such grader incorrectly graded a product, such supervisor 
shall take such action as is necessary to correct the grading and to 
cause any improper grademarks which appear on the product or containers 
thereof to be corrected prior to shipment of the product from the place 
of initial grading.



Sec.  70.13  Ready-to-cook poultry and rabbits and specified poultry 
food products; eligibility.

    Only ready-to-cook poultry and rabbits and specified poultry food 
products which are inspected and passed by the poultry inspection 
service of the U.S. Department of Agriculture or by any other official 
inspection system acceptable to the Department may be graded.



Sec.  70.14  Squabs and domesticated game birds; eligibility.

    Squabs and domesticated game birds (including, but not being limited 
to, quail, pheasants, and wild species of ducks and geese raised in 
captivity) may be graded under the regulations in this part, only if 
they have been inspected and passed by the poultry inspection service of 
the U.S. Department of Agriculture or have been inspected by any other 
official inspection system acceptable to the Department.



Sec.  70.15  Equipment and facilities to be furnished for use of graders 
in performing service on a resident basis.

    Such equipment and facilities shall include but not be limited to:
    (a) An accurate metal stem thermometer.
    (b) A drill with a steel bit to drill holes in frozen product for 
inserting the metal thermometer stem to determine temperature.
    (c) Scales graduated in tenths of a pound or less for weighing 
carcasses, parts, or products individually or in containers up to 100 
pounds, and test weights for such scales.
    (d) Scales graduated in one-pound graduation or less for weighing 
bulk containers of poultry and test weights for such scales.
    (e) Furnished adequate office space, a desk equipped with a 
satisfactory locking device, lockers or cabinets suitable for the 
protection and storage of official supplies and facilities suitable for 
graders to change clothing.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 51 
FR 17280, May 9, 1986; 60 FR 6640, Feb. 2, 1995]



Sec.  70.16  Prerequisites to grading.

    Grading of products shall be rendered pursuant to the regulations in 
this part and under such conditions and in accordance with such methods 
as may be prescribed or approved by the Administrator.

[[Page 195]]



Sec.  70.17  Accessibility of products.

    Each product for which grading service is requested shall be so 
placed as to disclose fully its class, quality, quantity, and condition 
as the circumstances may warrant.



Sec.  70.18  Schedule of operation of official plants.

    Grading operation schedules for services performed pursuant to 
Sec. Sec.  70.76 and 70.77 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]

                         Performance of Services



Sec.  70.20  Licensed or authorized graders.

    (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.
    (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) Any person who is employed by any official plant and possesses 
proper qualifications as determined by the Administrator may be 
authorized to grade poultry and/or rabbits on the basis of the U.S. 
classes, standards, and grades under the supervision of a grader. No 
person to whom such authorization is granted shall have authority to 
issue any grading certificates, grading memoranda, or other official 
documents; and all products graded by any such person shall thereafter 
be check graded by a grader.



Sec.  70.21  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 services are 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.



Sec.  70.22  Surrender of license.

    Each license which is suspended or revoked shall immediately be 
surrendered by the licensee to the office of grading serving the area in 
which he is located. Upon termination of the services of a licensed 
grader, the licensee shall surrender his license immediately for 
cancellation.



Sec.  70.23  Identification.

    Each grader shall have in his possession at all times, and present 
upon request while on duty, the means of identification furnished by the 
Department to such person.



Sec.  70.24  Financial interest of graders.

    No grader shall render service on any product in which he is 
financially interested.

[[Page 196]]



Sec.  70.25  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.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 48 
FR 20683, May 9, 1983]

                     Application for Grading Service



Sec.  70.30  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.



Sec.  70.31  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.



Sec.  70.32  Filing of application.

    An application for grading service shall be regarded as filed only 
when made pursuant to the regulations in this part.



Sec.  70.33  Authority of applicant.

    Proof of the authority of any person applying for grading service 
may be required at the discretion of the Administrator.



Sec.  70.34  Application for grading service in official plants; approval.

    Any person desiring to process and pack products in a plant under 
grading service must receive approval of such plant and facilities as an 
official plant prior to the rendition of such service. An application 
for grading service to be rendered in an official plant shall be 
approved according to the following procedure: Survey. When application 
has been filed for grading service, as aforesaid, the State supervisor 
or his assistant shall examine the grading office, facilities, and 
equipment and specify any additional facilities or equipment needed for 
the service. When the plant survey for poultry or rabbit grading has 
been completed and approved in accordance with the regulations in this 
part, service may be installed.



Sec.  70.35  Rejection of application.

    Any 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

[[Page 197]]

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 service; (e) whenever the 
applicant, after an initial survey has been made in accordance with 
Sec.  70.34, fails to bring the grading facilities and equipment into 
compliance with the regulations within a reasonable period of time; or 
(f) notwithstanding any prior approval whenever, before inauguration of 
service, the applicant fails to fulfill commitments concerning the 
inauguration of the service. 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.



Sec.  70.36  Withdrawal of application.

    Any 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.



Sec.  70.37  Order of service.

    Grading service shall be performed, insofar as practicable and 
subject to the availability of qualified graders, in the order in which 
applications therefor are made, except that precedence may be given to 
any application for an appeal grading.



Sec.  70.38  Suspension or withdrawal of plant approval for correctable cause.

    (a) Any plant approval given pursuant to the regulations in this 
part may be suspended by the Administrator for (1) failure to maintain 
grading facilities and equipment in a satisfactory state of repair, 
sanitation, or cleanliness; (2) the use of operating procedures which 
are not in accordance with the regulations in this part; or (3) 
alterations of grading facilities or equipment which have not been 
approved in accordance with the regulations in this part.
    (b) Whenever it is feasible to do so, written notice in advance of a 
suspension shall be given to the person concerned and shall specify a 
reasonable period of time in which corrective action must be taken. If 
advance written notice is not given, the suspension action shall be 
promptly confirmed in writing and the reasons therefor shall be stated, 
except in instances where the person has already corrected the 
deficiency. Such service, after appropriate corrective action is taken, 
will be restored immediately, or as soon thereafter as a grader can be 
made available. During such period of suspension, grading service shall 
not be rendered. However, the other provisions of the regulations 
pertaining to providing service on a resident basis will remain in 
effect unless such service is terminated in accordance with the 
provisions of this part.
    (c) If the grading facilities or methods of operation are not 
brought into compliance within a reasonable period of time as specified 
by the Administrator, he shall initiate withdrawal action pursuant to 
the Rules of Practice Governing Withdrawal of Inspection and Grading 
Service (7 CFR part 1, subpart H), and the operator shall be afforded an 
opportunity for an oral hearing upon his written request in accordance 
with such Rules of Practice, with respect to the merits or validity of 
the withdrawal action, but any suspension shall continue in effect 
pending the outcome of such hearing unless otherwise ordered by the 
Administrator. Upon withdrawal of grading service in an official plant, 
the plant approval shall also become terminated, and all

[[Page 198]]

labels, seals, tags, or packaging material bearing official 
identification shall, under the supervision of a person designated by 
the service, either be destroyed, or the official identification 
completely obliterated, or sealed in a manner acceptable to the service.
    (d) In any case where grading service is withdrawn under this Sec.  
70.38, the person concerned may thereafter apply for grading service as 
provided in Sec. Sec.  70.30 through 70.37 of these regulations.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
as amended at 43 FR 60139, Dec. 26, 1978. Redesignated at 46 FR 63203, 
Dec. 31, 1981]

                            Denial of Service



Sec.  70.40  Debarment.

    The acts or practices set forth in Sec. Sec.  70.41 through 70.46, 
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 grading services in formal adjudicatory proceedings 
instituted by the Secretary (7 CFR, part 1, subpart H) shall be 
applicable to such debarment action.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
as amended at 43 FR 60139, Dec. 26, 1978. Redesignated at 46 FR 63203, 
Dec. 31, 1981]



Sec.  70.41  Misrepresentation, deceptive, or fraudulent acts or practices.

    Any willful misrepresentation or any deceptive or fraudulent act or 
practice found to be made or committed by any person in connection with:
    (a) The making or filing of any application for any grading service, 
appeal or regrading service;
    (b) The making of the product accessible for grading;
    (c) 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;
    (d) The use of the terms ``United States'' or ``U.S.'' in 
conjunction with the grade of the product;
    (e) 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.

[41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 
42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, 
Dec. 31, 1981]



Sec.  70.42  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.



Sec.  70.43  Willful violation of the regulations.

    Any willful violation of the regulations in this part or the Act.



Sec.  70.44  Interfering with a grader or employee of 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.



Sec.  70.45  Misleading labeling.

    The use of the terms ``Government Graded'' and ``Federal-State 
Graded'' or terms of similar import in the labeling or advertising of 
any product without stating in the labeling or advertisement the U.S. 
grade of the product as determined by an authorized grader.



Sec.  70.46  Miscellaneous.

    The existence of any of the conditions set forth in Sec.  70.35 
constituting a basis for the rejection of an application for grading 
service.

[[Page 199]]

                    Identifying and Marking Products



Sec.  70.50  Approval of official identification and wording on labels.

    Any label or packaging material which bears any official grade 
identification shall be used only in such a manner as the Administrator 
may prescribe, and such labeling or packaging materials, including the 
wording used on such materials, shall be approved in accordance with and 
conform with the provisions of this part 70 and the applicable 
provisions of Sec. Sec.  381.115 through 381.141 of 9 CFR part 381. 
Poultry Products Inspection Regulations. Labeling requirements for 
ready-to-cook rabbits, except for the product name, shall be the same as 
for ready-to-cook poultry. For ready-to-cook rabbits the class name 
shall be shown on the label. The appropriate designation, ``young,'' 
``mature,'' or ``old,'' may be used as a prefix to the word ``rabbit'' 
in lieu of the class name.

[41 FR 23681, June 11, 1976; 41 FR 24694, June 18, 1976. Redesignated at 
42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, 
Dec. 31, 1981]



Sec.  70.51  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 poultry or rabbits, shall 
be deemed prima facia to constitute a representation that the product 
has been officially graded for the purposes of Sec.  70.2.
    (2) Except as otherwise authorized, the grademark permitted to be 
used to officially identify USDA consumer-graded poultry and rabbit 
products 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 ``Prepared From'' grademark in Figure 5 of this section may 
be used to identify specialized poultry products for which there are no 
official U.S. grade standards, provided that these products are approved 
by the Agency and are prepared from U.S. Consumer Grade A poultry 
carcasses, parts, or other products that comply with the requirements of 
AMS Sec.  70.220. All poultry products shall be processed and labeled in 
accordance with 9 CFR part 381.
    (b) Information required on grademark. (1) Except as otherwise 
authorized by the Administrator, each grademark used shall include the 
letters ``USDA'' and the U.S. grade of the product it identifies, such 
as ``A Grade,'' as shown in Figure 2 of this section. Such information 
shall be printed with the shield and the wording within the shield in 
contrasting colors in a manner such that the design is legible and 
conspicuous on the material upon which it is printed.
    (2) 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.
    (3) The ``Prepared 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.
    (c) Products that may be individually grademarked. The grademarks 
set forth in Figures 2 through 4 of this section may be applied 
individually to ready-to-cook poultry, rabbits, and specified poultry 
food products for which consumer grades are provided in the U.S. 
Classes, Standards, and Grades for Poultry and Rabbits, AMS 70.200 and 
70.300 et seq., respectively, or to the containers in which such 
products are enclosed for the purpose of display and sale to household 
consumers, only when such products qualify for the particular grade 
indicated in accordance with the consumer grades.

[[Page 200]]

[GRAPHIC] [TIFF OMITTED] TR30JY98.000


[63 FR 40628, July 30, 1998]

[[Page 201]]



Sec.  70.52  Prerequisites to packaging ready-to-cook poultry or rabbits 
identified with consumer grademarks.

    The official identification of any graded product as provided in 
Sec. Sec.  70.50 and 70.51 shall be done only under the supervision of a 
grader. The grader shall have supervision over the use and handling of 
all material bearing any official identification.



Sec.  70.54  Retention authorities.

    A grader may use retention tags or other devices and methods as 
approved by the Administrator for the identification and control of 
poultry or rabbit products which are not in compliance with the 
regulations or are held for further examination. 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.



Sec.  70.55  Check grading officially identified product.

    Officially identified poultry or rabbit products 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.

                                 Reports



Sec.  70.60  Report of grading work.

    Reports of the work of grading carried on within official plants 
shall be forwarded to the Administrator by the grader in such manner as 
may be specified by the Administrator.



Sec.  70.61  Information to be furnished to graders.

    The applicant for grading service shall furnish to the grader 
rendering such service such information as may be required for the 
purposes of this part.

[47 FR 46071, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]



Sec.  70.62  Reports of violations.

    Each grader shall report, in the manner prescribed by the 
Administrator, all violations of and noncompliance with the Act and the 
regulations in this part of which he has knowledge.

                            Fees and Charges



Sec.  70.70  Payment of fees and charges.

    (a) Fees and charges for any grading service shall be paid by the 
interested party making the application for such service in accordance 
with the applicable provisions of this section and Sec. Sec.  70.71 
through 70.78 inclusive. If so required by the grader, such fees and 
charges shall be paid in advance.
    (b) Fees and charges for any grading service shall, unless otherwise 
required pursuant to paragraph (c) of this section, be paid by check, 
draft, or money order payable to the Agricultural Marketing Service and 
remitted promptly to the Service.
    (c) Fees and charges for any grading under a cooperative agreement 
with any State or person shall be paid in accordance with the terms of 
such cooperative agreement.



Sec.  70.71  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 such services for class, quality, quantity (weight test), or 
condition, whether ready-to-cook poultry, ready-to-cook rabbits, or 
specified poultry food products are involved. The hourly charge shall be 
$60.00 and shall include the time actually required to perform the work, 
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 $69.32 per hour. 
Information on legal holidays is available from the Supervisor.

[68 FR 68489, Dec. 9, 2003]

[[Page 202]]



Sec.  70.72  Fees for appeal grading, or examination or review of a 
grader's decision.

    The costs of an appeal grading, or examination or review of a 
grader's decision, will be borne by the appellant on a fee basis at 
rates set forth in Sec.  70.71, plus any travel and additional expenses. 
If the appeal grading, or examination 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.  70.75  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 9, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec. 
31, 1981]



Sec.  70.76  Charges for continuous poultry 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.  
70.72.
    (a) Charges. The charges for the grading of poultry and edible 
products thereof 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

[[Page 203]]

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.  70.71.
    (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.
    (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.  70.38 
or Sec.  70.40.
    (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 56 of this chapter, the charges 
listed in this section shall not be repeated.

[41 FR 23681, June 11, 1976]

    Editorial Note: For Federal Register citations affecting Sec.  
70.76, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec.  70.77  Charges for continuous poultry or rabbit 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.  70.72.
    (a) Charges. The charges for the grading of poultry and rabbits and 
edible products thereof 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) 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 204]]

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.  70.71.
    (3) A charge at the hourly rates specified in Sec.  70.71, plus 
actual travel expenses incurred by AMS for intermediate surveys to firms 
without grading service in effect.
    (4) For poultry grading: An administrative service charge based upon 
the aggregate weight of the total volume of all live and ready-to-cook 
poultry handled in the plant per billing period computed in accordance 
with the following: Total pounds per billing period multiplied by 
$0.00037, except that the minimum charge per billing period shall be 
$260 and the maximum charge shall be $2,755. The minimum charge also 
applies where an approved application is in effect and no product is 
handled.
    (5) For rabbit grading: 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.
    (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.  70.38 
through Sec.  70.40.

[[Page 205]]

    (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.

[41 FR 23681, June 11, 1976]

    Editorial Note: For Federal Register citations affecting Sec.  
70.77, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec.  70.78  Fees or charges for grading service performed under 
cooperative agreement.

    Fees or charges to be made to an applicant for any grading service 
which differ from those listed in Sec. Sec.  70.70 through 70.77, shall 
be provided for by a cooperative agreement.

                                 Grading



Sec.  70.80  General.

    Whenever grading service is provided for examination of quality, 
condition, or for test weighing on a representative sample basis, such 
sample shall be drawn and consist of not less than the minimum number of 
containers indicated in the following table. The number of 
representative samples for large bulk containers (combo bins, tanks, 
etc.) may be reduced by one-half. For quality or condition, all of the 
poultry and rabbits in each representative sample shall be examined 
except for individual ready-to-cook carcasses weighing under 6 pounds in 
large bulk containers. For individual carcasses weighing under 6 pounds 
in large bulk containers, 100 carcasses shall be examined for quality or 
condition. Procedures for test weighing shall be in accordance with 
those prescribed by the Administrator.

------------------------------------------------------------------------
             Containers in lot                  Containers in sample
------------------------------------------------------------------------
1-4.......................................  All.
5-50......................................  4.
51-100....................................  5.
101-200...................................  6.
201-400...................................  7.
401-600...................................  8.
For each additional 100 containers, or      Include one additional
 fraction thereof, in excess of 600          container.
 containers.
------------------------------------------------------------------------


[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 51 
FR 17280, May 9, 1986; 63 FR 40630, July 30, 1998]



Sec.  70.81  Ready-to-cook poultry and rabbits and specified poultry 
food products.

    (a) Ready-to-cook poultry or rabbit carcasses or parts or specified 
poultry food products may be graded only if they have been inspected and 
certified by the poultry inspection service of the U.S. Department of 
Agriculture, or inspected and passed by any other inspection system 
which is acceptable to the Department.
    (b) Only when ready-to-cook poultry carcasses, parts, poultry food 
products, including those used in preparing raw poultry food products, 
have been graded on an individual basis by a grader or by an authorized 
person pursuant to Sec.  70.20(c) and thereafter checkgraded by a 
grader, and when poultry food products have been prepared under the 
supervision of a grader, may the individual container, carcass, part, or 
poultry food product be identified with the appropriate official letter 
grademark. Checkgrading will be accomplished in accordance with a 
statistical sampling plan prescribed by the Administrator. Grading with 
respect to quality factors for freezing defects and appearance of the 
finished products may be done on a sample basis in accordance with a 
plan prescribed by the Administrator.
    (c) Only when ready-to-cook rabbit carcasses or parts have been 
graded on an individual basis by a grader or by an authorized person 
pursuant to Sec.  70.20(c) and thereafter checkgraded by a grader, may 
the container or the individual carcass or part be identified with the 
appropriate official letter grademark. Checkgrading will be accomplished 
in accordance with a statistical sampling plan prescribed by the 
Administrator. Grading with respect to quality factors for freezing 
defects and appearance of the finished products may be done on a sample 
basis in accordance with a plan prescribed by the Administrator.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 51 
FR 17281, May 9, 1986]

[[Page 206]]

                          Grading Certificates



Sec.  70.90  Forms.

    Grading certificates (including appeal grading certificates and 
regrading certificates) shall be issued on forms approved by the 
Administrator.



Sec.  70.91  Issuance and disposition.

    (a) Resident grading basis. Certificates will be issued only upon a 
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.
    (c) The original and a copy of each grading certificate, issued 
pursuant to Sec. Sec.  70.90 through 70.92, 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 
[chyph]records.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 30514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 
FR 46071, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982; 51 FR 17281, May 9, 
1986]



Sec.  70.92  Advance information.

    Upon the request of an applicant, all or part of the contents of any 
grading certificate issued to such applicant may be telephoned or 
telegraphed to him, or to any person designated by him, at his expense.

                     Appeal of a Grading or Decision



Sec.  70.100  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 on any other matter relating to grading 
in an official plant.



Sec.  70.101  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 
made by a grader or any other matter relating to grading in such plant, 
may request an appeal grading or review of the decision by filing such 
request with the grader'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 which was graded other than in an official plant, may request 
an appeal grading by filing such request with the regional director in 
the area where the product is located or with the Chief of the Grading 
Branch.



Sec.  70.102  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

[[Page 207]]

copies of the certificate shall be returned to the appeal grader 
assigned to make the appeal grading.



Sec.  70.103  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 for an appeal grading 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.  70.104  Who shall perform the appeal.

    (a) An appeal grading or review of a decision requested under Sec.  
70.101(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.  70.101(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.  70.101(b) shall be made by the regional 
director or the Chief of the Grading Branch.



Sec.  70.105  Procedures for appeal gradings.

    (a) When all of the originally graded and identified samples are 
available, the appeal sample shall consist of such samples plus an equal 
number of samples.
    (b) When the original samples are not available, the appeal sample 
size for the lot shall consist of double the samples required in Sec.  
70.80.
    (c) Poultry or rabbits in an unfrozen state must be adequately 
protected and kept in good condition until the appeal grading is 
performed.
    (d) Overwraps on frozen poultry or rabbits shall be removed from all 
birds or rabbits in the sample prior to appeal grading for quality or to 
determine the class.
    (e) When the appeal is based on grading or class determination 
factors, each frozen carcass shall be defrosted prior to conducting the 
appeal grading. Whether defrosting poultry or rabbit carcasses for other 
types of appeals will be required by the appeal grader, will depend upon 
the reason for the appeal.



Sec.  70.106  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 grademark 
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.

       Sanitary Requirements, Facilities, and Operating Procedures



Sec.  70.110  Requirements for sanitation, facilities, and operating 
procedures in official plants.

    (a) The requirements for sanitation, facilities, and operating 
procedures in official plants shall be the applicable provisions stated 
in 9 CFR part 381 for poultry, and for rabbits the requirements shall be 
the applicable provisions stated in 9 CFR part 354.
    (b) With respect to grading services, there shall be a minimum of 
100-foot candles of light intensity at grading stations; and acceptable 
means, when necessary, of maintaining control and identity of products 
segregated for quality, class, condition, weight, lot, or any other 
factor which may be used to

[[Page 208]]

distinguish one type of product from another.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 51 
FR 17281, May 9, 1986; 63 FR 40630, July 30, 1998]

Subparts B-C [Reserved]



PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF 
AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents




                               Definitions

Sec.
75.1 Meaning of words.
75.2 Terms defined.

                             Administration

75.3 Authority.
75.4 Federal and State cooperation.
75.5 Regulations not applicable for certain purposes.
75.6 Nondiscrimination.

                               Inspection

75.7 Inspection in accordance with methods prescribed or approved.
75.8 Basis of service.
75.9 Who may obtain service.
75.10 How to make application.
75.11 Content of application.
75.12 When application deemed filed.
75.13 When application may be rejected.
75.14 When application may be withdrawn.
75.15 Authority of agent.
75.16 Accessibility of seeds.
75.17 Testing.
75.18 Sampling.
75.19 Seed lot inspection.
75.20 Submitted sample inspection.
75.21 Grain sample inspection.
75.22 Form of inspection certificate.
75.23 Issuance of inspection certificate.
75.24 Disposition of inspection certificate.
75.25 Issuance of corrected certificate.

                            Appeal Inspection

75.26 When appeal inspection may be requested.
75.27 How to file an appeal.
75.28 When a request for an appeal inspection may be withdrawn.
75.29 When an appeal may be refused.
75.30 Who shall perform appeal inspection.
75.31 Appeal inspection certificate.

                         Licensing of Inspectors

75.32 Who may become licensed inspector.
75.33 Suspension or revocation of license of inspector.
75.34 Surrender of license.

                  Sampling Provisions and Requirements

75.35 Obtaining samples for lot inspections.
75.36 Representative sample.
75.37 Submitted samples.
75.38 Lot inspections.
75.39 Use of file samples.
75.40 Protecting samples.

                            Fees and Charges

75.41 General.
75.42 Sampling and sealing.
75.43 Laboratory testing.
75.44 When application rejected or withdrawn.
75.45 Charge for appeals.
75.46 When appeal refused or withdrawn.
75.47 For certificates.

                              Miscellaneous

75.48 Identification number.
75.49 OMB control numbers.

    Authority: 7 U.S.C. 1622 and 1624.

    Source: 49 FR 18724, May 2, 1984, unless otherwise noted.

                               Definitions



Sec.  75.1  Meaning of words.

    Words used in the regulations in this part in the singular form 
shall be deemed to import the plural and vice versa, as the case may 
demand.



Sec.  75.2  Terms defined.

    For the purpose of these regulations unless the context otherwise 
requires, the following terms shall be construed, respectively, as 
follows:
    (a) Act means the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621 et seq.).
    (b) Regulations means the regulations in this part.
    (c) Department means the United States Department of Agriculture 
(USDA).
    (d) Secretary means the Secretary of the United States Department of 
Agriculture, or any officer or employee of the Department to whom 
authority has been delegated to act in the Secretary's stead.
    (e) Administrator means the Administrator of the Agricultural 
Marketing Service (AMS) of the Department, or any other officer or 
employee of AMS to whom authority has been delegated to act in the 
Administrator's stead.

[[Page 209]]

    (f) Division means the Warehouse and Seed Division (WSD), AMS.
    (g) Director means the Director of the Division or any other officer 
or employee of the Division to whom authority has been delegated to act 
in the Director's stead.
    (h) Person means any individual, partnership, association, business 
trust, corporation, entity, or any other organized group of persons, 
whether incorporated or not.
    (i) Seed means any agricultural or vegetable seed.
    (j) Interested Party means any person financially interested in a 
transaction involving seed.
    (k) Applicant means an interested party who requests any inspection 
service with respect to seed.
    (l) Authorized agent means an agent to whom authority to represent a 
person or government agency has been given by that person or government 
agency through delegation, contract or cooperative agreement, or other 
means.
    (m) Memorandum of Understanding means a written plan between AMS and 
a State for carrying out their separate activities in a project of 
mutual interest to the parties involved.
    (n) Inspector means a licensed employee of a State authorized 
pursuant to a Memorandum of Understanding or an employee of the 
Department authorized by the Director, to draw samples of seeds, seal 
containers, inspect records, test seeds for quality, issue certificates 
and reports, and bill for services.
    (o) Inspection means sampling seeds, sealing containers, testing 
seeds for quality and reviewing records.
    (p) Appeal inspector means an inspector or other person designated 
or authorized by the Division to perform appeal inspections under the 
Act and regulations in this subpart.
    (q) Certificate means a certificate issued under the Act and the 
regulations in this subpart.

                             Administration



Sec.  75.3  Authority.

    The Director is charged with the administration of the provisions of 
the regulations and the Act insofar as they relate to the subject matter 
of the regulations, under the supervision of the Secretary and the 
Administrator.



Sec.  75.4  Federal and State cooperation.

    Pursuant to the Act, the Administrator is authorized to cooperate 
with the appropriate State agencies in carrying out provisions of the 
Act and these regulations through Memoranda of Understanding. The 
Memorandum of Understanding shall specify the duties to be performed by 
the parties concerned with each party directing its own activities and 
utilizing its own resources.



Sec.  75.5  Regulations not applicable for certain purposes.

    The regulations do not apply to the inspection of grain in the 
United States under the U.S. Grain Standards Act, as amended (7 U.S.C. 
71 et seq.), except to the extent that official grain samples received 
from the Federal Grain Inspection Service (FGIS) shall be examined for 
the presence of specified weed and crop seeds upon the request of FGIS.



Sec.  75.6  Nondiscrimination.

    The conduct of all services under these regulations shall be 
accomplished without discrimination as to race, color, religion, sex, or 
national origin.

                               Inspection



Sec.  75.7  Inspection in accordance with methods prescribed or approved.

    Inspection of seed shall be rendered pursuant to these regulations 
and under such conditions and in accordance with the methods of either 
the Association of Official Seed Analysts (AOSA) or the International 
Seed Testing Association (ISTA).



Sec.  75.8  Basis of service.

    The regulations provide for inspection services pursuant to the Act. 
Seeds shall be inspected in accordance with the methods of either the 
Association of Official Seed Analysts (AOSA) or the International Seed 
Testing Association (ISTA); provided, that limitations in these rules 
respecting maximum lot size will not be observed and,

[[Page 210]]

provided further, that certification as to origin may be based on 
examination of records and certification of other seed certifying 
agencies.



Sec.  75.9  Who may obtain service.

    An application for inspection service may be made by any interested 
party or his authorized agent.



Sec.  75.10  How to make application.

    An application for service shall be confirmed in writing and 
addressed to the Federal Seed Laboratory, WSD, AMS, USDA, Beltsville, 
Maryland 20705.



Sec.  75.11  Content of application.

    An application for service shall include the following information; 
(a) The date of application; (b) the kind and quantity of seed, and 
test(s) to be performed; (c) the methods and instructions for the 
inspection of the seed (either Association of Official Seed Analysts 
(AOSA) or International Seed Testing Association (ISTA) rules); (d) the 
name and address of the applicant and, if made by an authorized agent; 
and (e) such further information relating to the inspection as may be 
required.



Sec.  75.12  When application deemed filed.

    An application shall be deemed filed when received by the Division 
or the Federal Seed Laboratory.



Sec.  75.13  When application may be rejected.

    Any application for service may be rejected by the Director (a) for 
noncompliance with the Act or the regulations relating to applications 
for service in this subpart, or (b) when it is not practicable to 
provide the service. Each such applicant shall be promptly notified in 
writing.



Sec.  75.14  When application may be withdrawn.

    An application may be withdrawn at any time before the requested 
service is rendered. The applicant will remain responsible for payment 
of expenses incurred in connection therewith as provided in Sec.  75.44.



Sec.  75.15  Authority of agent.

    Proof of authority of any person making an application as an agent 
may be required in the discretion of the official receiving the 
application.



Sec.  75.16  Accessibility of seeds.

    Each lot of seed for which a lot inspection is requested shall be 
placed by the applicant so as to permit the entire lot to be sampled and 
a representative sample to be obtained as required.



Sec.  75.17  Testing.

    Upon request by the applicant, tests may be made for kind, variety, 
germination, purity, weed seeds, disease pathogens, treatment, moisture, 
and other special tests, or any combination thereof for which prescribed 
methods of testing are established. The tests shall be in accordance 
with the methods of either the Association of Official Seed Analysts 
(AOSA) or the International Seed Testing Association (ISTA) as requested 
by the applicant.



Sec.  75.18  Sampling.

    Sampling, when requested by the applicant, shall be in accordance 
with the methods of either the Association of Official Seed Analysts 
(AOSA) or the International Seed Testing Association (ISTA), depending 
upon the test method requested by the applicant.



Sec.  75.19  Seed lot inspection.

    A lot inspection shall be made by obtaining a representative sample 
from a specified quantity of seed identified with a distinguishing mark 
or number to appear on all containers in the lot, and performing such 
test(s) as may be requested by the applicant. The identification mark or 
number must be approved by the inspector and will appear on the 
certificate to be issued.



Sec.  75.20  Submitted sample inspection.

    A sample inspection shall be made by testing a sample of seed 
submitted by an applicant for inspection.



Sec.  75.21  Grain sample inspection.

    A sample inspection shall be performed by examining official grain 
samples received from FGIS to identify

[[Page 211]]

specified weed and crop seeds upon the request of FGIS.



Sec.  75.22  Form of inspection certificate.

    Inspection certificates shall be approved by the Director as to 
their form. No correction, erasure, or other change shall be made in the 
information on a certificate.



Sec.  75.23  Issuance of inspection certificate.

    After an inspection has been completed, an inspection certificate 
shall be issued showing the results of the inspection in accordance with 
paragraph (a) or (b) of this section.
    (a) Lot inspection certificate. A lot inspection certificate shall 
be issued to include the name of the inspector sampling and sealing the 
seed lot, the analysis results from testing the sample, the identifying 
mark or number which has been approved by the inspector to appear on 
each container in the seed lot, and any other factual information 
pertinent to the inspection.
    (b) Sample inspection certificate. A sample inspection certificate 
shall be issued to show the results of the inspection of a sample of 
seed or grain submitted by an interested party. Each sample inspection 
certificate shall state the results of the inspection that applies only 
to the sample described in the certificate.
    (c) General authorization to issue certificates. Certificates for 
inspections may be issued by any inspector authorized by the Director to 
perform the inspection covered by the certificate.
    (d) Name requirements. The name and signature of the person who 
issued the inspection certificate shall be shown on the certificate. The 
original certificate must be signed, and the signature or a stamped 
facsimile shall be shown on each copy.



Sec.  75.24  Disposition of inspection certificate.

    Upon issuance, the original and one copy of each inspection 
certificate shall be delivered or mailed to the applicant or otherwise 
delivered or mailed in accordance with the applicant's instructions. One 
copy of each inspection certificate shall be filed in the Federal Seed 
Laboratory. In case of a lost or destroyed certificate, a duplicate 
thereof labeled as such may be issued under the same number, date, and 
name.



Sec.  75.25  Issuance of corrected certificate.

    (a) If any error is made in an inspection, a corrected inspection 
certificate may be issued.
    (b) The original and copies of the corrected certificate shall be 
issued as promptly as possible to the same interested persons who 
received the incorrect certificate.
    (c) The corrected certificate shall supersede the incorrect 
inspection certificate previously issued. The corrected certificate 
shall clearly identify, by certificate number and date, the incorrect 
certificate which it supersedes.
    (d) The original and all copies of the superseded incorrect 
certificate shall be obtained by the Director, if possible. If it is not 
possible to obtain the original and all copies of the superseded 
certificate, to the extent possible, all parties involved will be 
notified to prevent misuse of the superseded certificate and the 
corrected certificate so marked as to the outstanding certificate.

                            Appeal Inspection



Sec.  75.26  When appeal inspection may be requested.

    A request for an appeal inspection may be made by any interested 
party regarding the results of an inspection as stated on an inspection 
certificate. Such request shall be made within thirty (30) days 
following the day on which an inspection certificate was issued.



Sec.  75.27  How to file an appeal.

    Any request for an appeal inspection may be made orally or in 
writing to the Federal Seed Laboratory. If made orally, written 
confirmation is required. The applicant shall clearly state the reasons 
for requesting the appeal service. The original and all available copies 
of the certificate shall be returned to the appeal inspector assigned to 
make the appeal inspection.

[[Page 212]]



Sec.  75.28  When a request for an appeal inspection may be withdrawn

    A request for an appeal inspection may be withdrawn by the applicant 
at any time before the appeal inspection is performed: Provided, that, 
the appellant shall pay any expenses incurred in connection with the 
appeal as provided in Sec.  75.46.



Sec.  75.29  When an appeal may be refused.

    A request for an appeal inspection may be refused if:
    (a) The reasons for an appeal inspection are frivolous or not 
substantial;
    (b) The quality or condition of the seed has been altered since the 
inspection covering the seed on which the appeal inspection is 
requested;
    (c) The lot in question in a lot inspection is not or cannot be made 
accessible for sampling;
    (d) The lot relative to which appeal inspection is requested cannot 
be positively identified by the inspection as the lot from which drawn 
samples were previously inspected in a lot inspection; or
    (e) The application is not in compliance with the regulations; and
    (f) Such applicant shall be notified promptly of the reason for such 
refusal.



Sec.  75.30  Who shall perform appeal inspection.

    An appeal inspection shall be performed by an inspector (other than 
the one from whose inspection the appeal is requested) authorized for 
this purpose by the Director.



Sec.  75.31  Appeal inspection certificate.

    After an appeal inspection has been completed, an appeal inspection 
certificate shall be issued showing the results of such appeal 
inspection; and such certificate shall supersede the inspection 
certificate previously issued for the seed involved. Each appeal 
inspection certificate shall clearly identify the number and date of the 
inspection certificate which it supersedes. The superseded certificate 
shall become null and void upon the issuance of the appeal inspection 
certificate and shall no longer represent the quality or condition of 
the seed described therein. The inspector issuing an appeal inspection 
certificate shall forward notice of such issuance to such persons as 
considered necessary to prevent misuse of the superseded certificate if 
the original and all copies of such superseded certificate have not 
previously been delivered to the inspector issuing the appeal inspection 
certificate. The appeal inspection certificate shall be marked as to the 
existence of the outstanding certificate. The provisions in the 
regulations concerning forms of certificates and disposition of 
certificates shall apply to appeal inspection certificates, except that 
copies of such appeal inspection certificates shall be furnished to all 
interested parties who received copies of the superseded certificate.

                         Licensing of Inspectors



Sec.  75.32  Who may become licensed inspector.

    Any person nominated by a cooperating State and who is found to have 
the necessary qualifications may be licensed by the Director as an 
inspector to perform such duties of inspection as specified by the 
Memorandum of Understanding. Such a license shall bear the signature of 
an authorized employee of the Department. A licensed inspector shall 
perform duties pursuant to the regulations in accordance with 
instructions issued or approved by the Director.



Sec.  75.33  Suspension or revocation of license of inspector.

    Pending final action by the Administrator, the Director may suspend, 
whenever it is deemed that such action is necessary to assure that any 
service provided is performed properly, the license of any inspector, 
issued pursuant to the regulations by giving notice of such suspension 
to the respective licensee, accompanied by a statement of the reasons 
therefore. Within 7 days after receipt of notice and statement of 
reasons by a licensee, an appeal may be filed in writing with the 
Administrator supported by any argument or evidence as to why the 
license should not be suspended. After expiration of the 7-day period 
and consideration of such argument and evidence, the Administrator

[[Page 213]]

shall take such action as deemed appropriate with respect to a 
suspension or revocation.



Sec.  75.34  Surrender of license.

    Upon termination of service as an inspector or suspension or 
revocation of such license, such licensee shall surrender the license 
immediately to the Federal Seed Laboratory.

                  Sampling Provisions and Requirements



Sec.  75.35  Obtaining samples for lot inspections.

    Samples of seed for lot inspections may be obtained by licensed 
inspectors or authorized employees of the Department.



Sec.  75.36  Representative sample.

    No lot inspection sample shall be deemed representative of a lot of 
seed unless the sample (a) has been obtained by a licensed inspector or 
an authorized employee of the Department; (b) is of the size prescribed 
in the instructions; and (c) has been obtained, handled, and submitted 
in accordance with the Association of Official Seed Analysts (AOSA) or 
the International Seed Testing Association (ISTA) procedures.



Sec.  75.37  Submitted samples.

    Submitted samples may be obtained by or for any interested person. 
(Instructions for sampling seed may be obtained upon request to the 
Director or the Federal Seed Laboratory.)



Sec.  75.38  Lot inspections.

    Each lot inspection shall be made on the basis of a representative 
sample obtained from that lot of seed by a licensed inspector or an 
authorized employee of the Department. Each lot of seed which is offered 
for lot inspection shall be sealed at the time of sampling in accordance 
with methods and procedures of the Association of Official Seed Analysts 
(AOSA) or the International Seed Testing Association (ISTA).



Sec.  75.39  Use of file samples.

    (a) File samples which are retained by inspection personnel in 
accordance with the regulations may be deemed representative for appeal 
inspections: Provided, that (1) the samples have remained in the custody 
of the inspection personnel who certificated the inspection; and (2) the 
inspection personnel who performed the inspection and the inspection 
personnel who are to perform the appeal inspection determine that the 
sample was representative of the seed at the time of the inspection and 
that the quality or condition of the seed in the sample and in the lot 
has not changed since the time of the inspection.
    (b) Upon request of the applicant, and if practicable, a new sample 
may be obtained and examined as a part of an appeal inspection.



Sec.  75.40  Protecting samples.

    Inspection personnel shall protect each sample from manipulation, 
substitution, and improper or careless handling which would deprive the 
sample of its representative character from the time of collection until 
the inspection is completed and the file sample has been discarded.

                            Fees and Charges



Sec.  75.41  General.

    Fees and charges for inspection services performed by Federal 
employees shall cover the cost of performing the service. Fees shall be 
for actual time required to render the service, calculated to the 
nearest 15-minute period except that a minimum of 1 hour shall apply for 
testing and a 2-hour minimum shall apply for sampling and sealing. Fees 
and charges shall be at the rate of $52.00 per hour. (Cost estimates may 
be obtained upon request to the Director or the Federal Seed 
Laboratory.)

[49 FR 18724, May 2, 1984, as amended at 56 FR 51320, Oct. 11, 1991; 58 
FR 64101, Dec. 6, 1993; 60 FR 21035, May 1, 1995; 65 FR 15832, Mar. 24, 
2000; 67 FR 11384, Mar. 14, 2002]



Sec.  75.42  Sampling and sealing.

    (a) Fees for inspection services provided by licensed inspectors may 
be charged by States participating in the program at rates established 
by the individual States.

[[Page 214]]

    (b) When onsite inspection services are performed by Federal 
employees at the request of the applicant:
    (1) Fees for onsite inspections for sampling and sealing shall 
include the time for actual sampling and sealing, standby at the service 
site, travel time and actual travel costs to and from the site, and a 
per diem charge if the employee performing the service is paid per diem 
in accordance with existing travel regulations as appear in Agricultural 
Travel Regulations, including the Federal Travel Regulations, DM 2300-1.
    (2) Hourly rates shall begin when the inspector begins travel to the 
service site and end when the inspector arrives back at his official 
station or residence, computed to the nearest quarter hour, less meal 
time, if any.
    (3) A 2-hour minimum shall be charged for each onsite inspection.



Sec.  75.43  Laboratory testing.

    Fees for testing each sample shall include the time required for 
actual testing, preparation of test records, issuing the certificate, 
and filing of samples and documents, with:
    (a) Charges billed at the hourly rate in increments of 15 minutes.
    (b) A minimum fee of 1 hour per sample for testing shall be charged.
    (c) The charge for a preliminary report issued prior to completion 
of testing shall be $13.00 and billed in accordance with paragraph (a) 
of this section.

[49 FR 18724, May 2, 1984, as amended at 67 FR 11384, Mar. 14, 2002]



Sec.  75.44  When application rejected or withdrawn.

    When an application for inspection is rejected in accordance with 
Sec.  75.13 or withdrawn in accordance with Sec.  75.14, the applicant 
will be required to pay applicable fees for the time used by an 
inspector and other expenses incurred in connection with such 
application prior to its rejection or withdrawal.



Sec.  75.45  Charge for appeals.

    A charge of 1 hour shall be made for each appeal filed under Sec.  
75.26, and the fee for an appeal inspection shall equal the fee for the 
original inspection from which the appeal is taken, plus any charges for 
travel or other expenses incurred in performing the appeal: Provided, 
That when a material error in the certificate or sample from which the 
appeal is taken is found by the appeal inspector the charge and fee 
shall be waived.



Sec.  75.46  When appeal refused or withdrawn.

    When an appeal is refused in accordance with Sec.  75.29 or 
withdrawn in accordance with Sec.  75.28, the applicant will be required 
to pay for the time used by the appeal inspector and other expenses 
incurred in connection with such appeal prior to its denial, dismissal, 
or withdrawal.



Sec.  75.47  For certificates.

    A charge of $13.00 per certificate will be made for copies of 
certificates other than those required to be distributed in Sec.  75.23 
and for the issuance of a duplicate certificate in accordance with Sec.  
75.24 and an appeal certificate in Sec.  75.31.

[49 FR 18724, May 2, 1984, as amended at 56 FR 51320, Oct. 11, 1991; 58 
FR 64101, Dec. 6, 1993; 60 FR 21035, May 1, 1995; 65 FR 15832, Mar. 24, 
2000; 67 FR 11384, Mar. 14, 2002]

                              Miscellaneous



Sec.  75.48  Identification number.

    The Director may require the use of official identification numbers 
in connection with seed certificated or sampled under the Act. When 
identification numbers are required, they shall be specified by the 
Director and shall be attached to, or stamped, printed, or stenciled on 
the lot of seed certificated or sampled in a manner specified by the 
Director.



Sec.  75.49  OMB control numbers.

    The control number assigned to the information collection 
requirements by the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1980 is as follows: OMB Control No. 0581-
0140.

[56 FR 51320, Oct. 11, 1991]

[[Page 215]]



          SUBCHAPTER D_EXPORT AND DOMESTIC CONSUMPTION PROGRAMS





PART 80_FRESH RUSSET POTATO DIVERSION PROGRAM--Table of Contents




             Subpart A_Fresh Russet Potato Diversion Program

Sec.
80.1 Applicability and payments.
80.2 Administration and disputes.

Subpart B [Reserved]

    Authority: 7 U.S.C. 612c.

    Source: 66 FR 58349, Nov. 21, 2001, unless otherwise noted.



             Subpart A_Fresh Russet Potato Diversion Program



Sec.  80.1  Applicability and payments.

    Payment be received or retained with respect to diversions of 2001 
Fresh Russet potatoes as allowed by the Administrator of the 
Agricultural Marketing Service (AMS), of the Department of Agriculture 
(USDA) using standards set out for consideration in the relevant Federal 
Register notice published on April 13, 2001 (66 FR 19099) except that 
total funding for the program may be an amount up to $12 million. If a 
person has or will receive such a payment and there is a failure to 
comply with the conditions for payment or any condition for payment set 
out in the application, or that otherwise applies, all sums received by 
a person shall be returned with interest. No other claims for payment by 
producers or other persons under this part based upon their diversion of 
potatoes, shall be allowed except as approved by the Administrator of 
the Agricultural Marketing Service (AMS), of the Department of 
Agriculture (USDA). In all cases, the Administrator may set such other 
conditions for payment as may be allowable and serve the accomplishment 
of the goals of the program.



Sec.  80.2  Administration and disputes.

    Administration of this part shall be under the supervision of the 
Deputy Administrator, Fruit and Vegetable Programs, AMS, and implemented 
for AMS through the Farm Service Agency (FSA) of USDA. Disputes shall be 
resolved by FSA by using regulations found in 7 CFR part 780.



PART 81_PRUNE/DRIED PLUM DIVERSION PROGRAM--Table of Contents




Sec.
81.1 Applicability.
81.2 Administration.
81.3 Definitions.
81.4 Length of program.
81.5 General requirements.
81.6 Rate of payment; total payments.
81.7 Eligibility for payment.
81.8 Application and approval for participation.
81.9 Inspection and certification of diversion.
81.10 Claim for payment.
81.11 Compliance with program provisions.
81.12 Inspection of premises.
81.13 Records and accounts.
81.14 Offset, assignment, and prompt payment.
81.15 Appeals.
81.16 Refunds; joint and several liability.
81.17 Death, incompetency, or disappearance.

    Authority: 7 U.S.C. 612c.

    Source: 67 FR 11391, Mar. 14, 2002, unless otherwise noted.



Sec.  81.1  Applicability.

    Pursuant to the authority conferred by Section 32 of the Act of 
August 24, 1935, as amended (7 U.S.C. 612c) (Section 32), the Secretary 
of Agriculture will make payment to California producers who divert 
prune/plums by removing trees on which the fruit is produced in 
accordance with the terms and conditions set forth herein.



Sec.  81.2  Administration.

    The program will be administered under the direction and supervision 
of the Deputy Administrator, Fruit and Vegetable Programs, Agricultural 
Marketing Service (AMS), United States Department of Agriculture (USDA), 
and will be implemented by the Prune Marketing Committee (Committee).

[[Page 216]]

The Committee, or its authorized representatives, does not have 
authority to modify or waive any of the provisions of this subpart. Such 
power shall rest solely with the Administrator of AMS, or delegatee. The 
Administator or delegatee, in the Administrator's or delegatee's sole 
discretion can modify deadlines or other conditions, as needed or 
appropriate to serve the goals of the program. In all cases, payments 
under this part are subject to the availability of funds.



Sec.  81.3  Definitions.

    (a) Administrator means the Administrator of AMS.
    (b) AMS means the Agricultural Marketing Service of the U.S. 
Department of Agriculture.
    (c) Application means ``Application for Prune Tree Removal 
Program.''
    (d) Committee means the Prune Marketing Committee established by the 
Secretary of Agriculture to locally administer Federal Marketing Order 
No. 993 (7 CFR Part 993), regulating the handling of dried prunes 
produced in California.
    (e) Diversion means the removal of prune-plum trees after approval 
of applications by the Committee through June 30, 2002.
    (f) Producer means an individual, partnership, association, or 
corporation in the State of California who grows prune/plums that are 
dehydrated into dried plums for market.
    (g) Removal means that the prune-plum trees are no longer standing 
and capable of producing a crop, and the roots of the trees have been 
removed. The producer can accomplish removal by any means the producer 
desires. Grafting another type of tree to the rootstock remaining after 
removing the prune/plum tree would not qualify as removal under this 
program.



Sec.  81.4  Length of program.

    Producers diverting prune/plums by removing prune-plum trees must 
complete the diversion no later than June 30, 2002.



Sec.  81.5  General requirements.

    (a) To be eligible for this program, the trees to be removed must 
have yielded at least 1.5 tons of dried prune/plums per net-planted acre 
during the 1999 or 2000 crop year. A net-planted acre is the actual 
acreage planted with prune-plum trees. Abandoned orchards and dead trees 
will not qualify. In new orchards diverted, qualifying trees must be at 
least 5 years of age (6th leaf), contain at least two scaffolds, and be 
capable of producing at least 1.5 tons per net-planted acre. The block 
of trees for removal must be easily definable by separations from other 
blocks and contain at least 1,000 eligible trees or comprise an entire 
orchard.
    (b) Any grower participating in this program must agree not to 
replant prune-plum trees on the land cleared under this program through 
June 30, 2004. Participants bear responsibility for ensuring that trees 
are not replanted, whether by themselves, or by successors to the land, 
or by others, until after June 30, 2004. If trees are replanted before 
June 30, 2004, by any persons, participants must refund any USDA 
payment, with interest, made in connection with this tree removal 
program.



Sec.  81.6  Rate of payment; total payments.

    (a) The rate of payment for each eligible prune-plum tree removed 
will be $8.50 per tree.
    (b) Payment under paragraph (a) of this section will be made after 
tree removal has been verified by the staff of the Committee.
    (c) The $8.50 per tree payment shall be the total payment. USDA will 
make no other payment with respect to such removals. The producer will 
be responsible for arranging, requesting, and paying for the tree 
removal in the specified orchard blocks or orchard(s), as the case may 
be.
    (d) Total payments under this program are limited to no more than 
$17,000,000. No additional expenditures shall be made, unless the 
Administrator or delegatee in their sole and exclusive discretion shall, 
in writing, declare otherwise.



Sec.  81.7  Eligibility for payment.

    (a) If total applications for payment do not exceed $17,000,000, 
less administration costs, payments will be made under this program to 
any eligible producer of prune/plums who complies

[[Page 217]]

with the requirements in Sec.  81.8 and all other terms and conditions 
in this part.
    (b) If applications for participation in the program authorized by 
this part exceed $17,000,000, less administration costs, the Committee 
will approve the applications (subject to the requirements in Sec.  
81.8) in the order in which the completed applications are received in 
the Committee office up to the funding limit of $17,000,000, less 
administration costs, for the program. Any additional applications will 
be denied.
    (c) The Administrator or his delegatee may set other conditions for 
payment, in addition to those provided for in this part, to the extent 
necessary to accomplish the goals of the program.



Sec.  81.8  Application and approval for participation.

    (a) Applications will be reviewed for program compliance and 
approved or disapproved by Committee office personnel.
    (b) Applications for participation in the Prune-Plum Diversion 
Program can be obtained from the Committee office at 3841 North Freeway 
Boulevard, Suite 120, Sacramento, California 95834; telephone (916) 565-
6235.
    (c) Any producer desiring to participate in the prune-plum diversion 
program must have filed an application with the Committee by January 31, 
2002. The application shall be accompanied by a copy of any two of the 
following four documents: Plat Map from the County Hall of Records; 
Irrigation Tax Bill; County Property Tax Bill; or any other documents 
containing an Assessor's Parcel Number. Such application shall include 
at least the following information:
    (1) The name, address, telephone number and tax identification 
number/social security number of the producer;
    (2) The location and size of the production unit to be diverted;
    (3) The prune/plum production from the orchard or portion of the 
orchard to be diverted during the 1999-2000 and 2000-2001 seasons;
    (4) A statement that all persons with an equity interest in the 
prune/plums in the production unit to be diverted consent to the filing 
of the application. That is, the statement must show that the applicant 
has clear title to the property in question, and/or as needed, the 
statement must show an agreement to participate in the tree removal 
program from all lien or mortgage holders, and/or land owners, lessors, 
or similar parties with an interest in the property to the extent 
demanded by AMS or to the extent that such persons could object to the 
tree removal. However, obtaining such assent shall be the responsibility 
of the applicant who shall alone bear any responsibilities which may 
extend to third parties;
    (5) A statement that the applicant agrees to comply with all of the 
regulations established for the prune/plum diversion program;
    (6) A certification that the information contained in the 
application is true and correct;
    (7) The year that the unit of prune/plums was planted;
    (8) An identification of the handler(s) who received the prune/plums 
from the producer in the last two years.
    (d) After the Committee receives the producer applications, it shall 
review them to determine whether all the required information has been 
provided and that the information appears reliable.
    (e) As previously indicated, if the number of trees to be removed in 
such applications, multiplied by $8.50 per tree, exceeds the amount of 
funds available for the diversion program, each grower's application 
will be considered in the order in which they are received at the 
Committee office. AMS may reject any application for any reason, and its 
decisions are final.
    (f) After the application reviews and confirmation of eligible trees 
are completed, the Committee shall notify the applicant, in writing, as 
to whether or not the application has been approved and the number of 
trees approved for payment after removal. If an application is not 
approved, the notification shall specify the reason(s) for disapproval. 
AMS shall be the final arbiter of which applications may be approved or 
rejected, and the final arbiter of any appeal.

[[Page 218]]



Sec.  81.9  Inspection and certification of diversion.

    When the removal of the prune-plum trees is complete, the 
producer(s) will notify the Committee on a form provided by the 
Committee. The Committee will certify that the trees approved for 
removal from the block or orchard, as the case may be, have been 
removed, and notify AMS.



Sec.  81.10  Claim for payment.

    (a) To obtain payment for the trees removed, the producer must 
submit to the Committee by June 30, 2002, a completed form provided by 
the Committee. Such form shall include the Committee's certification 
that the qualifying trees from the blocks or orchards have been removed. 
If all other conditions for payment are met, AMS will then issue a check 
to the producer in the amount of $8.50 per eligible tree removed.
    (b) [Reserved]



Sec.  81.11  Compliance with program provisions.

    If USDA on its own, or on the advice of the Committee, determines 
that any provision of this part have not been complied with by the 
producer, the producer will not be entitled to diversion payments in 
connection with tree removal. If a producer does not comply with the 
terms of this part, including the requirement specified in Sec.  
81.5(b), the producer must refund, with interest, any USDA payment made 
in connection with such tree removal, and will also be liable to USDA 
for any other damages incurred as a result of such failure. The 
Committee or USDA may deny any producer the right to participate in this 
program or the right to receive or retain payments in connection with 
any diversion previously made under this program, or both, if the 
Committee or USDA determines that:
    (a) The producer has failed to properly remove the prune/plum trees 
from the applicable block or the whole orchard regardless of whether 
such failure was caused directly by the producer or by any other person 
or persons;
    (b) The producer has not acted in good faith in connection with any 
activity under this program; or
    (c) The producer has failed to discharge fully any obligation 
assumed by, or charged to, him or her under this program.



Sec.  81.12  Inspection of premises.

    The producer must permit authorized representatives of USDA or the 
Committee, at any reasonable time, to have access to their premises to 
inspect and examine the orchard block where trees were removed and 
records pertaining to the orchard to determine compliance with the 
provisions of this part.



Sec.  81.13  Records and accounts.

    (a) The producers participating in this program must keep accurate 
records and accounts showing the details relative to the prune/plum tree 
removal, including the contract entered into with the firm or person 
removing the trees, as well as the invoices.
    (b) The producers must permit authorized representatives of USDA, 
the Committee, and the General Accounting Office, or their delegatees, 
at any reasonable time to inspect, examine, and make copies of such 
records and accounts to determine compliance with provisions of this 
part. Such records and accounts must be retained for two years after the 
date of payment to the producer under the program, or for two years 
after the date of any audit of records by USDA, whichever is later. Any 
destruction of records by the producer at any time will be at the risk 
of the producer when there is reason to know, believe, or suspect that 
matters may be or could be in dispute or remain in dispute.



Sec.  81.14  Offset, assignment, and prompt payment.

    (a) Any payment or portion thereof due any person under this part 
shall be allowed without regard to questions of title under State law, 
and without regard to any claim or lien against the crop proceeds 
thereof in favor of the producer or any other creditors except agencies 
of the U.S. Government.
    (b) Payments which are earned by a producer under this program may 
be

[[Page 219]]

assigned in the same manner as allowed under the provisions of 7 CFR 
part 1404.
    (c) Prompt payment interest from AMS will not be applicable.



Sec.  81.15  Appeals.

    Any producer who is dissatisfied with a determination made pursuant 
to this part may make a request for reconsideration or appeal of such 
determination. The Deputy Administrator of Fruit and Vegetable Programs 
shall establish the procedure for such appeals.



Sec.  81.16  Refunds; joint and several liability.

    (a) In the event there is a failure to comply with any term, 
requirement, or condition for payment arising under the application of 
this part, and if any refund of a payment to AMS shall otherwise become 
due in connection with the application of this part, all payments made 
under this part to any producer shall be refunded to AMS together with 
interest.
    (b) All producers signing an application for payment as having an 
interest in such payment shall be jointly and severally liable for any 
refund, including related charges, that is determined to be due for any 
reason under the terms and conditions of the application of this part.
    (c) Interest shall be applicable to refunds required of any producer 
under this part if AMS determines that payments or other assistance were 
provided to a producer who was not eligible for such assistance. Such 
interest shall be charged at the rate of interest that the United States 
Treasury charges the Commodity Credit Corporation (CCC) for funds, as of 
the date AMS made benefits available. Such interest shall accrue from 
the date of repayment or the date interest increases as determined in 
accordance with applicable regulations. AMS may waive the accrual of 
interest if AMS was at fault for the overpayment.
    (d) Interest allowable in favor of AMS in accordance with paragraph 
(c) of this section may be waived when there was no intentional 
noncompliance on the part of the producer, as determined by AMS. Such 
decision to waive or not waive the interest shall be at the discretion 
of the Administrator or delegatee.
    (e) Late payment interest shall be assessed on all refunds in 
accordance with the provisions of, and subject to the rates prescribed 
for those claims which are addressed in 7 CFR part 792.
    (f) Producers must refund to AMS any excess payments, as determined 
by AMS, with respect to such application.
    (g) In the event that a benefit under this part was provided as the 
result of erroneous information provided by the producer, or was 
erroneously or improperly paid for any other reason, the benefit must be 
repaid with any applicable interest.



Sec.  81.17  Death, incompetency, or disappearance.

    In the case of death, incompetency, disappearance, or dissolution of 
a prune/plum producer that is eligible to receive benefits in accordance 
with this part, such person or persons who would, under 7 CFR part 707 
be eligible for payments and benefits covered by that part, may receive 
the tree-removal benefits otherwise due the actual producer.

Subpart B [Reserved]

[[Page 220]]



           SUBCHAPTER E_COMMODITY LABORATORY TESTING PROGRAMS





PART 90_INTRODUCTION--Table of Contents




                      Subpart A_Scope of Subchapter

Sec.
90.1 General.

                    Subpart B_Subchapter Definitions

90.2 General terms defined.

  Subpart C_Good Laboratory Practices for Commodity Laboratory Analyses

90.3 General.
90.4-90.100 [Reserved]

                       Subpart D_Quality Assurance

90.101 General.
90.102 Quality assurance review.
90.103 Maintenance of quality control records.
90.104-90.200 [Reserved]

    Authority: 7 U.S.C. 1622, 1624.

    Source: 58 FR 42414, Aug. 9, 1993, unless otherwise noted.



                      Subpart A_Scope of Subchapter



Sec.  90.1  General.

    This subchapter sets forth the functions and responsibilities of the 
Science and Technology (S&T) of the Agricultural Marketing Service (AMS) 
relating to:
    (a) The performance of comprehensive analytical tests and laboratory 
determinations of agricultural commodities and processed products.
    (b) The conduct of experiments and collaborative studies to validate 
new analytical procedures and improved methodologies in order to promote 
faster, more precise, or safer laboratory testing for agricultural 
commodities and processed products.
    (c) The supervised issuance of external quality control or 
proficiency check samples to laboratories under the Science and 
Technology's direction or performance review in order to regularly spot 
check and assess that analytical or test data produced by each 
laboratory is reproducible, precise, and reliable for a specific test 
program.
    (d) The granting of laboratory program accreditation or 
certification or approval for specialty testing of agricultural 
commodities and products.
    (e) The licensing of chemists to analyze cottonseed in order to 
certify its quality and grade.
    (f) The granting of certification to non-federal laboratories for 
testing for trichinae in horsemeat for export to the European Community 
(EC).
    (g) The granting of acceptance of standardized methodology or new 
procedures for commodity testing.
    (h) The auditing of the facilities, equipment, quality control 
procedures, standard methodologies, and good laboratory practices for a 
commodity testing program of a laboratory.
    (i) The examination of plants for novelty and distinctiveness in 
order to grant certificates of protection for new varieties of sexually 
reproduced plants, and the provision of other fee based services 
authorized by the Plant Variety Protection Act.
    (j) The extension or coordination of research for the determination 
of a new chemical analyte or microorganism in a commodity product or 
food.
    (k) The analysis of imported flue-cured and burley tobacco for 
pesticide residues.
    (l) The supervision and implementation of the State enforcement of 
the recordkeeping requirements for private applicators of restricted-use 
pesticides for agricultural production.

[58 FR 42414, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996; 65 
FR 64309, Oct. 26, 2000]



                    Subpart B_Subchapter Definitions



Sec.  90.2  General terms defined.

    Words used in the regulations in this subchapter in the singular 
form will import the plural, and vice versa, as the case may demand. As 
used throughout the regulations in this subchapter and unless the 
context requires otherwise, the following terms will be construed to 
mean:

[[Page 221]]

    Act. The Agricultural Marketing Act of 1946 (Title II of the act of 
Congress approved August 14, 1946, 60 Stat. 1087-1091, as amended; 7 
U.S.C. 1621-1627).
    Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, to whom authority 
has been delegated, or to whom authority may be delegated, to act in his 
or her stead.
    Cooperative agreement. An agreement between the Agricultural 
Marketing Service and another Federal agency or a State agency, or other 
agency, organization or person that defines in the general terms the 
basis on which the parties concerned will cooperate to serve a mutual 
interest on an agricultural service project. The responsibilities for 
AMS and each cooperator are stated in the document along with the 
conditions as applicable.
    Department. The United States Department of Agriculture.
    Deputy Administrator. The Deputy Administrator of the Science and 
Technology program of the Agricultural Marketing Service agency, or any 
officer or employee of this agency to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated, to act.
    Laboratories. Science and Technology laboratories performing the 
official analyses described in this subchapter.
    Program. The Science and Technology (S&T) program of the 
Agricultural Marketing Service (AMS) which performs official analytical 
testing services, issues licenses for cottonseed chemists, and conducts 
quality assurance reviews and grants accreditation or certification for 
commodity testing programs of laboratories.
    Quality assurance. The assurance that there is accuracy of 
analytical data using proficiency check sample or analyte recovery 
techniques. In addition, the certainty that there is strict adherence by 
the analysts in following the quality control details in the recommended 
or official methods for reagents, laboratory apparatus and procedures. 
The overall objective of quality assurance, as a comprehensive program, 
is to ensure that all analytical data produced by the laboratory meets 
certain quality criteria and that all data produced is reproducible, 
precise, and accurate.
    Quality control. The system of close examination of the critical 
details of an analytical procedure in order to have the proper equipment 
parameters, techniques, supplies and reagents to achieve a predetermined 
level of quality data, with the performance of a particular laboratory 
analysis.
    Secretary. The Secretary of Agriculture of the United States, or any 
officer or employee of the Department to whom authority has heretofore 
been delegated, or to whom authority may hereafter be delegated, to act 
in his or her stead.
    Service. The Agricultural Marketing Service of the United States 
Department of Agriculture.

[58 FR 42414, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996; 65 
FR 64309, Oct. 26, 2000]



  Subpart C_Good Laboratory Practices for Commodity Laboratory Analyses



Sec.  90.3  General.

    Laboratory service programs of laboratories certified and approved 
by the Science and Technology shall have good laboratory practice (GLP) 
requirements that are generalized in this subpart.

[58 FR 42414, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996; 65 
FR 64309, Oct. 26, 2000]
Sec. Sec.  90.4-90.100 [Reserved]



                       Subpart D_Quality Assurance



Sec.  90.101  General.

    Laboratory service programs of laboratories certified and approved 
by the Science and Technology shall have quality assurance requirements 
that are generalized in this subpart.

[58 FR 42414, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996; 65 
FR 64309, Oct. 26, 2000]



Sec.  90.102  Quality assurance review.

    (a) Each laboratory performing tests and analysis under this 
subchapter will be subject to a quality assurance program evaluation at 
least annually, and more often if deemed necessary by the

[[Page 222]]

Deputy Administrator. Such evaluation will include:
    (1) A review of the adequacy of quality control measures taken by 
the laboratory for the standardized method of analysis for a commodity 
and its related products;
    (2) A review of the laboratory methodologies and procedures;
    (3) A review of records for the calibration and maintenance of 
equipment;
    (4) A review of records documenting sample handling;
    (5) The evidence of quality control records;
    (6) The evidence of correct reporting and determination of 
analytical data.
    (b) A laboratory will receive a quality assurance report following 
the review. This evaluation will address any necessary improvements to 
the laboratory program(s) being examined.

[58 FR 42414, Aug. 9, 1993, as amended at 65 FR 64309, Oct. 26, 2000]



Sec.  90.103  Maintenance of quality control records.

    Quality control records pertaining, but not limited to the following 
areas, shall be retained by the laboratory for at least the 3 most 
recent years:
    (a) Prepared solution standardizations;
    (b) Recovery studies by known analyte additions;
    (c) The purity checks of reagents and test materials;
    (d) Apparatus and equipment calibrations;
    (e) The quality examination and testing of materials;
    (f) The mandatory participation in proficiency check sample testing 
or collaborative studies;
    (g) Daily critical parameter checks of equipment, such as 
temperature readings;
    (h) The equivalency tests of new procedures with standard 
methodologies.
Sec. Sec.  90.104-90.200 [Reserved]



PART 91_SERVICES AND GENERAL INFORMATION--Table of Contents




                        Subpart A_Administration

Sec.
91.1 General.
91.2 Definitions.
91.3 Authority.

                       Subpart B_General Services

91.4 Kinds of services.
91.5 Where services are offered.
91.6 Availability of services.

                   Subpart C_Application for Services

91.7 Nondiscrimination.
91.8 Who may apply.
91.9 How to make an application.
91.10 Information required in connection with an application.
91.11 Filing of an application.
91.12 Record of filing time and laboratory tests.
91.13 When an application may be rejected.
91.14 When an application may be withdrawn.

                      Subpart D_Laboratory Service

91.15 Basis of a laboratory service.
91.16 Order of a laboratory service.
91.17 Postponing a laboratory service.
91.18 Financial interest of a scientist.

                            Subpart E_Samples

91.19 General requirements of suitable samples.
91.20 Shipping.
91.21 Protecting samples.
91.22 Disposition of analyzed sample.

                        Subpart F_Method Manuals

91.23 Analytical methods.

                           Subpart G_Reporting

91.24 Reports of test results.
91.25 Certificate requirements.
91.26 Issuance of certificates.
91.27 Corrections to certificates prior to issuance.
91.28 Issuance of corrected certificates or amendments for analysis 
          reports.
91.29 Issuance of duplicate certificates or reissuance of an analysis 
          report.
91.30 Maintenance and retention of copies of certificates or analysis 
          reports.

                 Subpart H_Appeal of Laboratory Services

91.31 When an appeal of a laboratory service may be requested.
91.32 Where to file for an appeal of a laboratory service and 
          information required.
91.33 When an application for an appeal of a laboratory service may be 
          withdrawn.
91.34 When an appeal of a laboratory service may be refused.
91.35 Who shall perform an appealed laboratory service.
91.36 Appeal laboratory certificate.

[[Page 223]]

                       Subpart I_Fees and Charges

91.37 Standard hourly fee rate for laboratory testing, analysis, and 
          other services.
91.38 Additional fees for appeal of analysis.
91.39 Premium hourly fee rate for overtime and legal holiday service.
91.40 Fees for courier service and facsimile of the analysis report.
91.41 Charges for demonstrations and courses of instruction.
91.42 Billing.
91.43 Payment of fees and charges.
91.44 Charges on overdue accounts and issuance of delinquency notices.
91.45 Charges for laboratory services on a contract basis.

    Subpart J_Designation of Approved Symbols for Identification of 
                  Commodities Officially Tested By AMS

91.100 Scope.
91.101 Definitions.
91.102 Form of official identification symbols.

    Authority: 7 U.S.C. 1622, 1624.

    Source: 58 FR 42415, Aug. 9, 1993, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 91 appear at 61 FR 
51350, Oct. 2 1996.



                        Subpart A_Administration



Sec.  91.1  General.

    This part consolidates the procedural and administrative rules of 
the Science and Technology of the Agricultural Marketing Service for 
conducting the analytical testing and laboratory audits with quality 
assurance reviews. It also contains the fees, charges and laboratories 
applicable to such services.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64309, Oct. 26, 2000]



Sec.  91.2  Definitions.

    Words used in the regulations in this part in the singular form will 
import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this part, unless the context requires 
otherwise, the following terms will be construed to mean:
    Agency. The Agricultural Marketing Service agency of the United 
States Department of Agriculture.
    Analyses. Microbiological, chemical, or physical tests performed on 
a commodity.
    Applicant. Any person or organization requesting services provided 
by the Science and Technology (S&T) programs.
    Legal holidays. Those days designated as legal public holidays 
specified by Congress in paragraph (a) of section 6103, title 5 of the 
United States Code and any other day declared to be a holiday by Federal 
Statute or Executive Order. Under section 6103 and Executive Order 
10357, as amended, if the specified legal public holiday falls on a 
Saturday, the preceding Friday shall be considered the holiday, or if 
the specified legal holiday falls on a Sunday, the following Monday 
shall be considered to be the holiday.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64309, Oct. 26, 2000]



Sec.  91.3  Authority.

    The Deputy Administrator is charged with the administration of this 
subchapter.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64309, Oct. 26, 2000]



                       Subpart B_General Services



Sec.  91.4  Kinds of services.

    (a) Analytical tests. Analytical laboratory testing services under 
the regulations in this subchapter consist of microbiological, chemical, 
and certain other analyses, requested by the applicant and performed on 
tobacco, seed, dairy, egg, fruit and vegetable, meat and poultry 
products, and related processed products. Analyses are performed to 
determine if products meet Federal specifications or specifications 
defined in purchase contracts and cooperative agreements. Laboratory 
analyses are also performed on egg products as part of the mandatory Egg 
Products Inspection Program under the management of USDA's Food Safety 
and Inspection Service (FSIS) as detailed in 9 CFR 590.580.
    (b) Examination and licensure. The manager of the Science and 
Technology's Cottonseed Chemist Licensing Program administers 
examinations and licenses chemists to certify the official grade of 
cottonseed.
    (c) Quality assurance reviews. The Science and Technology 
representative

[[Page 224]]

performs on-site laboratory quality assurance reviews (both required and 
voluntary) to ensure that appropriate technical methods, equipment 
maintenance, and quality control procedures are being observed.
    (d) Consultation. Technical advice, statistical science 
consultation, and quality assurance program assistance are provided by 
the representatives for the Science and Technology programs for domestic 
and foreign laboratories.

[65 FR 64309, Oct. 26, 2000]

    Effective Date Note: At 68 FR 69946, Sec.  91.4 was amended by 
revising paragraph (b) effective January 15, 2004. For the convenience 
of the user, the revised text is set forth as follows:

Sec.  91.4  Kinds of services.

                                * * * * *

    (b) Examination and licensure. The manager of a particular Science 
and Technology program administers examinations and licenses analysts in 
laboratories for competency in performing commodity testing services.

                                * * * * *



Sec.  91.5  Where services are offered.

    (a) Services are offered to applicants at the Science and Technology 
laboratories and facilities in the following list:
    (1) Science and Technology regional laboratories. A variety of tests 
and laboratory analyses are available in two regional multi-disciplinary 
Science and Technology (S&T) laboratories, and are located as follows:

(i) USDA, AMS, S&T
    Eastern Laboratory (Microbiology), 2311-B Aberdeen Boulevard, 
Gastonia, NC 28054-0614.
(ii) USDA, AMS, S&T
    Eastern Laboratory (Chemistry), 645 Cox Road, Gastonia, NC 28054-
0614.

    (2) Science and Technology (S&T) aflatoxin laboratories. The 
specialty laboratories performing aflatoxin testing on peanuts, peanut 
products, dried fruits, grains, edible seeds, tree nuts, shelled corn 
products, oilseed products and other commodities are located as follows:

(i) USDA, AMS, S&T
    1211 Schley Avenue, Albany, GA 31707.
(ii) USDA, AMS, S&T
    c/o Golden Peanut Company, Mail: P.O. Box 279, 301 West Pearl 
Street, Aulander, NC 27805.
(iii) USDA, AMS, S&T
    610 North Main Street, Blakely, GA 31723.
(iv) USDA, AMS, S&T
    107 South Fourth Street, Madill, OK 73446.
(v) USDA, AMS, S&T
    c/o Cargill Peanut Products, Mail: P.O. Box 272, 715 North Main 
Street, Dawson, GA 31742-0272.
(vi) USDA, AMS, S&T
    Mail: P.O. Box 1130, 308 Culloden Street, Suffolk, VA 23434.

    (3) Citrus laboratory. The Science and Technology's citrus 
laboratory specializes in testing citrus juices and other citrus 
products and is located as follows: USDA, AMS, S&T Eastern Laboratory 
(Citrus), 98 Third Street, S.W., Winter Haven, FL 33880.
    (4) Program laboratories. Laboratory services are available in all 
areas covered by cooperative agreements providing for this laboratory 
work and entered on behalf of the Department with cooperating Federal or 
State laboratory agencies pursuant to authority contained in Act(s) of 
Congress. Also, services may be provided in other areas not covered by a 
cooperative agreement if the Administrator determines that it is 
possible to provide such laboratory services.
    (5) Other alternative laboratories. Laboratory analyses may be 
conducted at alternative Science and Technology laboratories and can be 
reached from any commodity market in which a laboratory facility is 
located to the extent laboratory personnel are available.
    (6) The Plant Variety Protection (PVP) Office. The PVP office and 
plant examination facility of the Science and Technology programs issues 
certificates of protection to developers of novel varieties of plants 
which reproduce sexually. The PVP office is located as follows: USDA, 
AMS, Science & Technology, Plant Variety Protection Office, National 
Agricultural Library Building, Room 500, 10301 Baltimore Boulevard, 
Beltsville, MD 20705-2351.

[[Page 225]]

    (7) Science and Technology headquarters offices. The examination, 
licensure, quality assurance reviews, laboratory accreditation/
certification and consultation services are provided by headquarters 
staff located in Washington, DC. The main headquarters office is located 
as follow: USDA, AMS, Science and Technology, Office of the Deputy 
Administrator, Room 3507 South Agriculture Bldg., Mail Stop 0222, 1400 
Independence Ave., S.W., Washington, DC 20250.
    (8) The Information Technology (IT) Office. The IT office of the 
Science and Technology programs is headed by AMS's Chief Information 
Officer (CIO) and provides information technology services and 
management systems to the Agency and other agencies within the USDA. The 
main IT office is located as follow: USDA, AMS, Science and Technology, 
Office of the Chief Information Officer, 1752 South Agriculture Bldg., 
1400 Independence Ave., SW., Washington, DC 20250.
    (9) Statistical Branch office. The Statistical Branch office of 
Science and Technology (S&T) provides statistical services to the Agency 
and other agencies within the USDA. In addition, the Statistical Branch 
office devices sample plans and performs consulting services for 
research studies in joint efforts with or in a leading role with other 
program areas of AMS or of the USDA. The main Statistical Branch office 
is located as follow: USDA, AMS, S&T Statistical Branch, 0611 South 
Agriculture Bldg., 1400 Independence Ave., S.W., Washington, DC 20250.
    (10) Offices for Pesticide Residue Programs. Services afforded by 
the Federal Pesticide Record Keeping Program for restricted-use 
pesticides by certified applicators and services afforded by the 
Pesticide Data Program (PDP) are provided by offices located as follows:

(i) USDA, AMS, Science and Technology
    Pesticide Data Branch, 8700 Centreville Road, Suite 200, Manassas, 
VA 20110-8411
(ii) USDA, AMS, Science and Technology
    Pesticide Records Branch, 8700 Centreville Road, Suite 202, 
Manassas, VA 20110-8411
(iii) USDA, AMS, Science and Technology
    Office of Deputy Administrator, Room 3507 South Agriculture Bldg., 
1400 Independence Ave., SW., Washington, DC 20250.

    (b) The addresses of the various laboratories and offices appear in 
the pertinent parts of this subchapter. A prospective applicant may 
obtain a current listing of addresses and telephone numbers of Science 
and Technology laboratories, offices, and facilities by addressing an 
inquiry to the Administrative Officer, Science and Technology, 
Agricultural Marketing Service, United States Department of Agriculture 
(USDA), P.O. Box 96456, Room 0727 South Building, Mail Stop 0271, 
Washington, D.C. 20090-6456.

[65 FR 64310, Oct. 26, 2000]

    Effective Date Note: At 68 FR 69946, Dec. 16, 2003, Sec.  91.5 was 
revised effective January 15, 2004. For the convenience of the user, the 
revised text is set forth as follows:

Sec.  91.5  Where services are offered.

    (a) Services are offered to applicants at the Science and Technology 
field service laboratories and facilities in the following list:
    (1) Science and Technology regional laboratory. A variety of tests 
and laboratory analyses are available in one regional multi-disciplinary 
Science and Technology (S&T) laboratory, and is located as follows: 
USDA, AMS, Science and Technology, National Science Laboratory, 801 
Summit Crossing Place, Suite B, Gastonia, NC 28054-2193.
    (2) Science and Technology (S&T) satellite laboratories. The 
specialty laboratories performing mycotoxin and other chemical testing 
on peanuts, peanut products, dried fruits, grains, edible seeds, tree 
nuts, shelled corn products, oilseed products and other commodities as 
well as proximate analyses on foods are:

(i) USDA, AMS, Science & Technology, 959 North Main Street, Blakely, GA 
39823-2030.
(ii) USDA, AMS, Science & Technology, 107 South Fourth Street, Madill, 
OK 73446-3431.
(iii) USDA, AMS, Science & Technology, c/o Golden Peanut Company LLC 
(Mail: P.O. Box 272; Dawson, GA 31742-0272), 715 Martin Luther King Jr. 
Drive, Dawson, GA 39842-1002.
(iv) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street, Suffolk, 
VA 23434-4706.

    (3) Citrus laboratory. The Science and Technology's citrus 
laboratory specializes in testing citrus juices and other citrus 
products and is located as follows: USDA, AMS, Science & Technology 
Citrus Laboratory, 98

[[Page 226]]

Third Street, SW., Winter Haven, FL 33880-2905.
    (4) Program laboratories. Laboratory services are available in all 
areas covered by cooperative agreements providing for this laboratory 
work and entered into on behalf of the Department with cooperating 
Federal or State laboratory agencies pursuant to authority contained in 
Act(s) of Congress. Also, services may be provided in other areas not 
covered by a cooperative agreement if the Administrator determines that 
it is possible to provide such laboratory services.
    (5) Other alternative laboratories. Laboratory analyses may be 
conducted at alternative Science and Technology laboratories and can be 
reached from any commodity market in which a laboratory facility is 
located to the extent laboratory personnel are available.
    (6) Science and Technology headquarters offices. The examination, 
licensure, quality assurance reviews, laboratory accreditation/
certification and consultation services are provided by headquarters 
staff located in Washington, DC. The main headquarters office is located 
as follow: USDA, AMS, Science and Technology, Office of the Deputy 
Administrator, Room 3507 South Agriculture Bldg., Mail Stop 0270, 1400 
Independence Ave., SW., Washington, DC 20250-0270.
    (7) The Information Technology (IT) Group. The IT office of the 
Science and Technology programs is headed by the Associate Deputy 
Administrator for Technology/Chief Information Officer and provides 
information technology services and management systems to the Agency and 
other agencies within the USDA. The main IT office is located as follow: 
USDA, AMS, Science and Technology, Office of the Associate Deputy 
Administrator for Technology, 1752 South Agriculture Bldg., Mail Stop 
0204, 1400 Independence Ave., SW., Washington, DC 20250-0204.
    (8) Statistics Branch Office. The Statistics Branch office of 
Science and Technology (S&T) provides statistical services to the Agency 
and other agencies within the USDA. In addition, the Statistics Branch 
office generates sample plans and performs consulting services for 
research studies in joint efforts with or in a leading role with other 
program areas of AMS or of the USDA. The Statistics Branch office is 
located as follows: USDA, AMS, S&T Statistics Branch, 0603 South 
Agriculture Bldg., Mail Stop 0223, 1400 Independence Ave., SW., 
Washington, DC 20250-0223.
    (9) Technical Services Branch Office. The Technical Services Branch 
office of Science and Technology (S&T) provides technical support 
services to all Agency programs and other agencies within the USDA. In 
addition, the Technical Services Branch office provides certification 
and accreditation services of private and State government laboratories 
as well as oversees quality assurance programs; import and export 
certification of laboratory tested commodities. The Technical Services 
Branch office is located as follows: USDA, AMS, S&T Technical Services 
Branch, 3521 South Agriculture Bldg., Mail Stop 0272, 1400 Independence 
Ave., SW., Washington, DC 20250-0272.
    (10) Monitoring Programs Office. Services afforded by the Pesticide 
Data Program (PDP) and Microbiological Data Program (MDP) are provided 
by USDA, AMS, Science and technology Monitoring Programs Office (MDP and 
PDP), 8609 Sudley Road, Suite 206, Manassas, VA 20119-8411.
    (11) Federal Pesticide Record Keeping Program Office. Services 
afforded by the Federal Pesticide Record Keeping Program for restricted-
use pesticides by private certified applicators are provided by USDA, 
AMS, Science and Technology, Pesticide Records Branch, 8609 Sudley Road, 
Suite 203, Manassas, VA 20110-8411.
    (b) The addresses of the various laboratories and offices appear in 
the pertinent parts of this subchapter. A prospective applicant may 
obtain a current listing of addresses and telephone numbers of Science 
and Technology laboratories, offices, and facilities by addressing an 
inquiry to the Administrative Officer, Science and Technology, 
Agricultural Marketing Service, United States Department of Agriculture 
(USDA), 1400 Independence Ave., SW., Room 0725 South Agriculture 
Building, Mail Stop 0271, Washington, DC 20250-0271.



Sec.  91.6  Availability of services.

    (a) Services may be furnished whenever a Science and Technology 
staff is available and the facilities and conditions are satisfactory 
for the conduct of such service.
    (b) Laboratories may provide limited service on Saturdays and 
Sundays at a premium fee. Weekend service may be obtained by contacting 
the laboratory director or supervisor.
    (c) Holiday and overtime laboratory service may be obtained with a 
minimum 24 hour advance notice, at a premium fee, by any prospective 
applicant through the laboratory director or supervisor.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64310, Oct. 26, 2000]

[[Page 227]]



                   Subpart C_Application for Services



Sec.  91.7  Nondiscrimination.

    All services under these regulations are provided to applicants 
without discrimination as to race, color, handicapped or disabled 
condition, religion, sex, age, or national origin.



Sec.  91.8  Who may apply.

    An application for service may be made by any individual or 
interested party including, but not limited to, the United States and 
any instrumentality or agency thereof, any State, county, municipality, 
or common carrier, and any authorized agent on behalf of the foregoing.



Sec.  91.9  How to make an application.

    (a) Voluntary. An application for analysis and testing may be made 
by contacting the director or supervisor of the Science and Technology 
laboratory where the service is provided, or by contacting the Technical 
Services Branch Chief at Science and Technology Headquarters, 
Washington, DC. A list of the Science and Technology laboratories is 
included in Sec.  91.5.
    (b) Mandatory. In the case of mandatory analyses, such as those 
required to be performed on eggs and egg products, application for 
services may be submitted to the office or USDA agency which administers 
the program, or by contacting an inspector or grader who is involved 
with the program.

[65 FR 64310, Oct. 26, 2000]



Sec.  91.10  Information required in connection with an application.

    (a) An application for laboratory service shall be made in the 
English language and may be made orally (in person or by telephone), in 
writing, or by facsimile. If an application for laboratory service is 
made orally, written confirmation may be required by the laboratory 
involved.
    (b) In connection with each application for a laboratory service, 
information that may be necessary to perform analyses on the processed 
product(s) shall also be furnished. The information shall include, but 
is not limited to, the name of the product, name and address of the 
packer or plant where such product was packed, the location of the 
product, its lot or load number, codes or other identification marks, 
the number of containers, the type and size of the containers, the 
analytical test requested, and the size of the sample. In addition, 
information regarding analysis of the lot by any federal agency previous 
to the application and the purpose of the desired laboratory service may 
be requested.



Sec.  91.11  Filing of an application.

    An application for a laboratory service shall be regarded as filed 
only when made in accordance with the regulations in this part.



Sec.  91.12  Record of filing time and laboratory tests.

    A record showing the date of receipt for each application for a 
laboratory service or an appeal of a laboratory service shall be 
maintained. In addition, the requested laboratory analyses shall be 
recorded at the time of sample receipt.



Sec.  91.13  When an application may be rejected.

    (a) An application for a laboratory service may be rejected by the 
Administrator when deemed appropriate as follows:
    (1) For non-compliance by the applicant with the regulations in this 
part,
    (2) For non-payment of previous laboratory services rendered,
    (3) When the sample is not properly identified by a code or other 
marks,
    (4) When the samples are received in an unsatisfactory condition and 
are rejected for analysis,
    (5) When there is evidence or knowledge of tampering with the 
sample,
    (6) When it appears that to perform the analytical testing or 
laboratory service specified in this part would not be to the best 
interests of the public welfare or of the Government, or
    (7) When it appears to the Administrator that prior commitments of 
the Department necessitate rejection of the application.
    (b) Each such applicant shall be promptly notified by registered 
mail of the reasons for the rejection.

[[Page 228]]

    (c) 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.



Sec.  91.14  When an application may be withdrawn.

    An application for a laboratory service may be withdrawn by the 
applicant at any time before the analytical testing is performed; 
Provided, That, the applicant shall pay, at the hourly rate prescribed 
in Sec.  91.37, for the time incurred by the scientist or laboratory 
technician, in connection with such application and any travel expenses, 
telephone, facsimile, mailing, telegraph or other expenses, which have 
been incurred by the laboratory servicing office, in connection with 
such application.



                      Subpart D_Laboratory Service



Sec.  91.15  Basis of a laboratory service.

    Analytical testing and laboratory determination for analyte or 
quality constituent shall be based upon the appropriate standards 
promulgated by the U.S. Department of Agriculture, applicable standards 
prescribed by the laws of the State where the particular product was 
produced, specifications of any governmental agency, written buyer and 
seller contract specifications, or any written specifications by an 
applicant which is approved by the Administrator; Provided, That, if 
such product is regulated pursuant to the Agricultural Marketing 
Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), or the 
comparable laws of any State, such testing and determination shall be on 
the basis of the standards, if any, prescribed in, or pursuant to, the 
marketing order and/or agreement effective thereunder.



Sec.  91.16  Order of a laboratory service.

    Laboratory service shall be performed, insofar as possible, in the 
order in which applications are made except that precedence may be given 
to any such applications which are made by the United States (including, 
but not being limited to, any instrumentality or agency thereof) and to 
any application for an appeal inspection.



Sec.  91.17  Postponing a laboratory service.

    If the scientist determines that it is not possible to accurately 
analyze or make a laboratory determination of a sample immediately after 
receipt because standard materials, laboratory equipment and supplies 
need replacement, or for any other substantial reason, the scientist may 
postpone laboratory service for such period as may be necessary.



Sec.  91.18  Financial interest of a scientist.

    No scientist shall perform a laboratory analysis on any product in 
which he is directly or indirectly financially interested.



                            Subpart E_Samples



Sec.  91.19  General requirements of suitable samples.

    (a) Samples must be representative of the product tested and 
provided in sufficient quantity for the analyses requested.
    (b) Each sample must be identified with the following information:
    (1) Product type (specific description);
    (2) Lot number or production date;
    (3) Analyses desired;
    (4) Date/time collected;
    (5) Storage conditions prior to shipping;
    (6) Name of applicant;
    (7) Name of sampler;
    (8) Any other information which is required by the specific program 
under which analysis or test is performed.



Sec.  91.20  Shipping.

    (a) Samples must be submitted to the laboratory in a condition 
(including

[[Page 229]]

temperature) that does not compromise the quality and validity of 
analytical results.
    (b) All samples must be submitted in sealed, leakproof containers.
    (c) Containers for perishable refrigerated samples should contain 
ice or ice packs to maintain temperatures of 0[deg] to 5 [deg]C, unless 
a different temperature is required for the sample to be tested.
    (d) Containers for frozen samples should contain dry ice or other 
effective methods of maintaining samples in a frozen state.
    (e) The applicant is responsible for providing shipping containers 
and paying shipping costs for fee basis tests.
    (f) A courier charge may apply for the shipment of some samples.



Sec.  91.21  Protecting samples.

    Laboratory personnel shall protect each sample from manipulation, 
substitution, and improper or careless handling which would deprive the 
sample of its representative character from the time of receipt in the 
laboratory until the analysis is completed and the sample has been 
discarded.



Sec.  91.22  Disposition of analyzed sample.

    (a) Excess samples not used in analyses will be placed in proper 
storage for a maximum period of 30 days after reporting results of 
tests.
    (b) Any sample of a processed commodity that has been used for a 
laboratory service may be returned to the applicant at his or her 
request and expense; otherwise, it shall be destroyed or disposed of to 
a charitable institution.



                        Subpart F_Method Manuals



Sec.  91.23  Analytical methods.

    Most analyses are performed according to approved procedures 
described in manuals of standardized methodology. These standard methods 
are the specific methods used. Alternatively, equivalent methods 
prescribed in cooperative agreements are used. The manuals of standard 
methods most often used by the Science and Technology laboratories are 
listed as follows:
    (a) Approved Methods of the American Association of Cereal Chemists 
(AACC), American Association of Cereal Chemists/Eagan Press, 3340 Pilot 
Knob Road, St. Paul, Minnesota 55121-2097.
    (b) ASTA's Analytical Methods Manual, American Spice Trade 
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs, 
New Jersey 07632.
    (c) Compendium Methods for the Microbiological Examination of Foods, 
Carl Vanderzant and Don Splittstoesser (Editors), American Public Health 
Association, 1015 Fifteenth Street, NW., Washington, DC 20005.
    (d) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's Identification 
of Enterobacteriaceae, Elsevier Science, Inc., Regional Sales Office, 
655 Avenue of the Americas, P.O. Box 945, New York, NY 10159-0945.
    (e) FDA Bacteriological Analytical Manual (BAM), AOAC INTERNATIONAL, 
481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.
    (f) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research Branch, 
EPA Office of Research and Development (ORD), 26 West Martin Luther King 
Drive, Cincinnati, Ohio 45268.
    (g) Official Methods and Recommended Practices of the American Oil 
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box 3489, 
2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
    (h) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (i) Standard Analytical Methods of the Member Companies of Corn 
Industries Research Foundation, Corn Refiners Association (CRA), 1701 
Pennsylvania Avenue, NW., Washington, DC 20006.
    (j) Standard Methods for the Examination of Dairy Products, American 
Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 
20005.

[[Page 230]]

    (k) Standard Methods for the Examination of Water and Wastewater, 
American Public Health Association (APHA), the American Water Works 
Association (AWWA) and the Water Pollution Control Federation, AWWA 
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
    (l) Test Methods for Evaluating Solid Waste Physical/Chemical 
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 
Integrated Manual (available from National Technical Information Service 
(NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, 
VA 22161).
    (m) U.S. Army Natick Research, Development and Engineering Center's 
Military Specifications, approved analytical test methods noted therein, 
Code NPP-9, Department of Defense Single Stock Point (DODSSP) for 
Military Specifications, Standards, Building 4/D, 700 Robbins Avenue, 
Philadelphia, PA 19111-5094.
    (n) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW., Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).

[65 FR 64310, Oct. 26, 2000]



                           Subpart G_Reporting



Sec.  91.24  Reports of test results.

    (a) Results of analyses are provided, in writing, by facsimile, by 
e-mail or other electronic means to the applicant.
    (b) Applicants may call the appropriate Science and Technology 
laboratory for interim or final results prior to issuance of the formal 
report. The advance results may be telegraphed, e-mailed, telephoned, or 
sent by facsimile to the applicant. Any additional expense for advance 
information shall be borne by the requesting party.
    (c) A letter report in lieu of an official certificate of analysis 
may be issued by a laboratory representative when such action appears to 
be more suitable than a certificate: Provided, that, issuance of such 
report is approved by the Deputy Administrator.

[65 FR 64311, Oct. 26, 2000]



Sec.  91.25  Certificate requirements.

    Certificates of analysis and other memoranda concerning laboratory 
service and the reporting of results should have the following 
requirements:
    (a) Certificates of analysis shall be on standard printed forms 
approved by the Deputy Administrator;
    (b) Shall be printed in English;
    (c) Shall have results typewritten, computer generated, or 
handwritten in ink and shall be clearly legible;
    (d) Shall show the results of laboratory tests in a uniform, 
accurate, and concise manner with abbreviations identified on the form;
    (e) Shall show the information required by Sec. Sec.  91.25-91.29; 
and
    (f) Show only such other information and statements of fact as are 
provided in the instructions authorized by the Deputy Administrator.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64311, Oct. 26, 2000]



Sec.  91.26  Issuance of certificates.

    (a) The person signing and issuing the certificate of analysis shall 
be one of the following:
    (1) The scientist who performed the analysis;
    (2) Another technician of the laboratory facility, who has been 
given power of attorney by the scientist who performed the analytical 
testing and been authorized by the Deputy Administrator to affix the 
scientist's signature to a certificate. The power of attorney shall be 
on file with the employing office or laboratory of the Science and 
Technology program;
    (3) A person designated as the ``laboratory director in charge,'' 
when the certificate represents composite analyses by several 
technicians.
    (b) The laboratory certificate shall be prepared in accordance with 
the facts set forth in the official memoranda made by the scientist or 
technicians in connection with the analysis.
    (c) Whenever a certificate is signed by a person under a power of 
attorney, the certificate should so indicate. The

[[Page 231]]

signature of the holder of power shall appear under the name of the 
scientist who personally analyzed the sample, and whenever a certificate 
issued is signed by a scientist in charge, that title must appear in 
connection with the signature.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64311, Oct. 26, 2000]



Sec.  91.27  Corrections to certificates prior to issuance.

    (a) The accuracy of the statements and information shown on 
certificates of analysis must be verified by the individual whose name 
or signature, or both, is shown on the certificate or by the authorized 
agent who affixed the name or signature, or both. When a name or 
signature, or both, is affixed by an authorized agent, the initials of 
the agent shall appear directly below or following the name, or 
signature of the person. Errors found during this process shall be 
corrected according to this section.
    (b) Only official personnel or their authorized agents may make 
corrections, additions, or other changes to certificates.
    (c) No corrections, additions, or other changes shall be made which 
involve identification, quality, or quantity. If such errors are found, 
a new certificate shall be prepared and issued and the incorrect 
certificate marked ``Void.'' Otherwise, errors may be corrected, 
provided there is evidence of satisfactory correction procedures as 
follows:
    (1) The corrections are neat and legible;
    (2) Each correction is initialed by the individual who corrects the 
certificate; and
    (3) The corrections and initials are shown on the original and all 
copies.



Sec.  91.28  Issuance of corrected certificates or amendments for 
analysis reports.

    (a) A corrected certificate of analysis or an amended letter report 
may be issued by the laboratory representative who issued the original 
certificate or report after distribution of the form if errors, such as 
incorrect dates, analytical results, or test determination statements, 
lot numbers, or errors in any other pertinent information require the 
issuance of a corrected certificate or an amended report.
    (b) Whenever a corrected certificate or amended report is issued, 
such certificate or report shall supersede the original form which was 
issued in error. The superseded certificate or incorrect report shall 
become null and void after the issuance of the corrected certificate or 
the amended analysis report.
    (c) The corrected certificates or amended reports shall show the 
following:
    (1) The terms ``Corrected Original'' and ``Corrected Copy;''
    (2) A statement identifying the superseded certificate or incorrect 
letter report and the corrections;
    (3) A new serial number or new date of issuance; and
    (4) The same statements and information, including permissive 
statements, that were shown on the incorrect certificate or the 
incorrect report, along with the correct statement or information, shall 
be shown on the corrected form.
    (d) If all copies of the incorrect certificate or incorrect report 
can be obtained, then the superseded form shall be marked ``Void'' when 
submitted.
    (e) Corrected certificates or amended letter reports cannot be 
issued for a certificate that has been superseded by another 
certificate, or superseded on the basis of a subsequent analysis or an 
additional laboratory test determination.



Sec.  91.29  Issuance of duplicate certificates or reissuance of an 
analysis report.

    (a) Upon request by an applicant, a duplicate certificate or an 
additional report may be issued for a lost, destroyed, or otherwise not 
obtainable original form.
    (b) The duplicate certificate or the reissuance of an analysis 
report shall be at the expense of the applicant.
    (c) Requests for duplicate certificates or additional analysis 
reports shall be filed as follows:
    (1) In writing;
    (2) By the applicant who requested the service covered by the lost, 
destroyed, or otherwise not obtainable original form; and

[[Page 232]]

    (3) With the office that issued the initial certificate or original 
laboratory analysis report.
    (d) The duplicate certificates or reissued analysis reports shall 
show the following:
    (1) The terms ``Duplicate Original,'' and the copies shall show 
``Duplicate Copy,''
    (2) A statement that the certificate or letter report was issued in 
lieu of a lost or destroyed or otherwise not obtainable certificate or 
laboratory analysis report; and
    (3) The same statements and information, including permissive 
statements, that were shown on the original certificate or the initial 
analysis report shall be shown on the duplicate form.
    (e) Duplicate certificates or duplicate analysis reports shall be 
issued as promptly as possible and distributed as the original 
certificates or original analysis reports and their copies.
    (f) Duplicate certificates shall not be issued for certificates that 
have been superseded.



Sec.  91.30  Maintenance and retention of copies of certificates or 
analysis reports.

    (a) At least one copy of each certificate or analysis report shall 
be filed in the laboratory for a period of not less than 3 years either 
from the date of issuance of the document, from the date of voiding a 
certificate, or from the date last payment is made by the applicant for 
a reported laboratory determination, whichever is later.
    (b) Whenever any document, because of its condition, becomes 
unsuitable for its intended or continued use, the laboratory personnel 
shall make a copy of the original document.
    (c) True copies shall be retained as photocopies, microfilm, 
microfiche, or other accurate reproductions and durable forms of the 
original document. Where reduction techniques, such as microfilming are 
used, suitable reader and photocopying equipment shall be readily 
available. Such reproductions shall be treated and considered for all 
purposes as though they were the original documents.
    (d) All documents required to be maintained under this part shall be 
kept confidential and shall be disclosed only to the applicants or other 
persons with the applicants' knowledge and permission. Only such 
information as the Administrator deems relevant shall be disclosed to 
the public without the applicants' permission, and then, only in a suit 
or administrative hearing brought at the direction, or on the request, 
of the Administrator, or to which the Administrator or any other officer 
of the United States is a party.



                 Subpart H_Appeal of Laboratory Services



Sec.  91.31  When an appeal of a laboratory service may be requested.

    (a) An application for an appeal of a laboratory service may be made 
by any interested party who is dissatisfied with the results of an 
analysis as stated in a certificate or laboratory report, if the lot of 
the commodity can be positively identified by the laboratory service as 
the lot from which originally drawn samples were previously analyzed.
    (b) An application for an appeal of a laboratory service shall be 
made within thirty (30) days following the day on which the previous 
analysis was performed. However, upon approval by the Deputy 
Administrator, the filing time for an appeal application may be 
extended.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64311, Oct. 26, 2000]



Sec.  91.32  Where to file for an appeal of a laboratory service and 
information required.

    (a) Application for an appeal of a laboratory service may be filed 
with the supervisor in the office or the director of the laboratory 
facility that issued the certificate or laboratory report on which the 
appeal analysis covering the commodity product is requested.
    (b) The application for an appeal of a laboratory service shall 
state the location of the lot of the commodity product and the reasons 
for the appeal; and date and serial number of the certificate covering 
the laboratory service of the commodity product on which the appeal is 
requested. In addition, such application shall be accompanied by

[[Page 233]]

the original and all available copies of the certificate or laboratory 
report.
    (c) Application for an appeal of a laboratory service may be made 
orally (in person or by telephone), in writing, by e-mail, by facsimile, 
or by telegraph. If made orally, written confirmation shall be made 
promptly.

[65 FR 64311, Oct. 26, 2000]



Sec.  91.33  When an application for an appeal of a laboratory service 
may be withdrawn.

    An application for an appeal of a laboratory service may be 
withdrawn by the applicant at any time before the appealed laboratory 
service is performed; Provided, That, the applicant shall pay, at the 
hourly rate prescribed in Sec.  91.37, for the time incurred by the 
laboratory personnel, any travel, telephone, telegraph, or other 
expenses which have been incurred by the laboratory service in 
connection with such application.



Sec.  91.34  When an appeal of a laboratory service may be refused.

    An application for an appeal of a laboratory service may be refused 
if:
    (a) The reasons for the appealed laboratory service are frivolous or 
not substantial;
    (b) The quality or condition of the commodity product has undergone 
a material change since the laboratory service covering the commodity 
product on which the appealed laboratory service is requested;
    (c) The lot in question is not, or cannot be made accessible for 
sampling;
    (d) The lot relative to which the appealed laboratory service is 
requested cannot be positively identified as the lot from which samples 
were previously drawn and originally analyzed; or
    (e) There is noncompliance with the regulations in this part. Such 
applicant shall be notified promptly of the reason for such refusal.



Sec.  91.35  Who shall perform an appealed laboratory service.

    An appealed laboratory service shall be performed, whenever 
possible, by another individual or other individuals than the 
scientist(s) or the technician(s) that performed the original analytical 
determination.



Sec.  91.36  Appeal laboratory certificate.

    (a) An appeal laboratory certificate shall be issued showing the 
results of such appealed analysis. This certificate shall supersede the 
laboratory certificate previously issued for the commodity product 
involved.
    (b) Each appeal laboratory certificate shall clearly identify the 
number and date of the laboratory certificate which it supersedes. The 
superseded certificate shall become null and void upon the issuance of 
the appealed laboratory certificate and shall no longer represent the 
analytical results of the commodity product.
    (c) The individual issuing an appeal laboratory certificate shall 
forward notice of such issuance to such persons as he or she considers 
necessary to prevent misuse of the superseded certificate if the 
original and all copies of such superseded certificate have not 
previously been delivered to the individual issuing the appeal 
certificate.
    (d) The provisions in the regulations in this part concerning forms 
and certificates, issuance of certificates, and retention and 
disposition of certificates shall apply to appeal laboratory 
certificates, except that copies of such appeal certificates shall be 
furnished to all interested parties who received copies of the 
superseded certificate.



                       Subpart I_Fees and Charges



Sec.  91.37  Standard hourly fee rate for laboratory testing, analysis, 
and other services.

    (a) The standard hourly fee rate in this section for the individual 
laboratory analyses cover the costs of Science and Technology laboratory 
services, including issuance of certificates and personnel and overhead 
costs other than the commodity inspection fees referred to in 7 CFR 
Sec. Sec.  52.42 through 52.46, 52.48 through 52.51, 55.510 through 
55.530, 55.560 through 55.570, 58.38 through 58.43, 58.45 through 58.46, 
70.71 through 70.72, and 70.75 through 70.78. The hourly fee rates in 
this part 91 apply to all processed commodity products, except flue-
cured and burley tobacco, and exclude aflatoxin analyses, citrus juices 
and certain citrus products. The printed updated schedules of the 
laboratory testing fees for

[[Page 234]]

processed fruits and vegetables (7 CFR part 93), poultry and egg 
products (7 CFR part 94), and meat and meat products (7 CFR part 98) 
will be available for distribution by the individual Laboratory 
Directors of Science and Technology laboratories listed in Sec.  91.5. 
The updated schedules of the laboratory testing fees are also available 
for electronic access on the world wide web (www) site at: http://
ams.usda.gov/science. The fees for chemical analysis of cottonseed 
associated with grading and novel variety seed certification under the 
Plant Variety Protection Act are specified in 7 CFR parts 96 and 97, 
respectively. Except as otherwise provided in this section, charges will 
be made for laboratory analysis at the standard hourly rate of $45.00 
for the time required to perform the service. A minimum charge of one-
quarter hour at $11.25 will be made for service pursuant to each request 
or certificate issued.
    (b) When a laboratory test service is provided for AMS by a 
commercial or State government laboratory, the applicant will be 
assessed a fee which covers the costs to the Science and Technology 
program for the service provided.
    (c) When Science and Technology staff provides applied and 
developmental research and training activities for microbiological, 
physical and chemical analyses on agricultural commodities the applicant 
will be charged a fee on a reimbursable cost basis.

    General Schedules of Fees for Official Laboratory Test Services 
 Performed at the AMS Science and Technology Laboratories for Processed 
                           Commodity Products

       Table 1--Single Test Laboratory Fees for Proximate Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Ammonia, Ion Selective Electrode.............................    $101.25
Ash, Total...................................................      45.00
Chloride, Salt Titration (Dairy).............................      22.50
Fat, Acid Hydrolysis (Cheese)................................      45.00
Fat, Acid Hydrolysis (Mojonnier).............................      45.00
Fat (Dairy Products except Cheese)...........................      22.50
Fat (Dry Basis)..............................................      67.50
Fat, Ether Extraction (Soxhlet)..............................      45.00
Fat (Kohman Analysis)........................................      45.00
Fat, Microwave--Solvent Extraction...........................      45.00
Moisture, Distillation.......................................      45.00
Moisture, Oven...............................................      22.50
Moisture (Kohman Analysis)...................................      11.25
Protein, Combustion..........................................      90.00
Protein, Kjeldahl............................................      90.00
Salt, Back Titration.........................................      33.75
Salt, Potentiometric.........................................      22.50
Salt (Rapid).................................................      33.75
------------------------------------------------------------------------


     Table 2--Single Test Laboratory Fees for Lipid Related Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Acid Degree Value (Dairy)....................................     $45.00
Acidity, Titratable..........................................      22.50
Density (Specific Gravity)...................................      11.25
Dispersibility (Instant Dry Whole Milk)......................      67.50
Dispersibility (Moates-Dabbah Method)........................      22.50
Fat Stability,\1\ AOM........................................      45.00
Fatty Acid Profile (AOAC-GC method)..........................     180.00
Flash Point Test only........................................      90.00
Free Fatty Acids.............................................      22.50
Meltability (Process Cheese).................................      22.50
Peanut Oil Analyses (Oil, Moisture, Free Fatty Acids,              45.00
 Ammonia, and Foreign Matter)................................
Any One of the Oilseed Oil Analyses..........................      22.50
Peroxide Value...............................................      33.75
Smoke Point Test only........................................      90.00
Smoke Point and Flash Point..................................     157.50
Solids, Total (Oven Drying)..................................      22.50
Soluble Solids, Refractometer................................     22.50
------------------------------------------------------------------------
\1\ Peroxide value analysis is required as a prerequisite to the fat
  stability test at the additional fee.


   Table 3--Single Test Laboratory Fees for Food Additives (Direct and
                                Indirect)
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Amitraz Residue, GLC.........................................    $112.50
Antibiotic, Qualitative (Dairy)..............................      22.50
Antibiotic, Quantitative \1\N................................     393.75
Ascorbates (Qualitative--Meats)..............................      22.50
Ascorbic Acid, Titration.....................................      45.00
Ascorbic Acid, Spectrophotometric............................      45.00
Brix, Direct Percent Sucrose.................................      22.50
Brix, Dilution...............................................      22.50
Butylated Hydroxyanisole (BHA)...............................      67.50
Butylated Hydroxytoluene (BHT)...............................      67.50
Caffeine, Micro Bailey-Andrew................................      67.50
Caffeine, Spectrophotometric.................................      78.75
Citric Acid, GLC or HPLC.....................................      67.50
Chlorinated Hydrocarbons:
  Pesticides and Industrial Chemicals--
    Initial Screen...........................................     180.00
    Second Column Confirmation of Analyte....................      45.00
    Confirmation on Mass Spectrometer (Per Residue)..........     $90.00
Dextrin (Qualitative)........................................      22.50
Dextrin (Quantitative).......................................     135.00
Filth, Heavy (Dairy).........................................     112.50
Filth, Heavy (Eggs)..........................................     180.00
Filth, Light (Eggs)..........................................     112.50
Filth, Light & Heavy (Eggs Extraneous).......................     270.00
Fines........................................................      22.50
Flavor (Dairy)...............................................      11.25
Flavor (Products except Dairy)...............................      33.75
Fumigants:
  Initial Screen--
    Dibromochloropropane (DBCP)..............................      45.00

[[Page 235]]

 
    Ethylene Dibromide.......................................      45.00
    Methyl Bromide...........................................      45.00
  Confirmation on Mass Spectrometer--
    Each individual fumigant residue.........................     $90.00
Glucose (Qualitative)........................................      33.75
Glucose (Quantitative).......................................      78.75
Glycerol (Quantitative)......................................     135.00
Gums.........................................................     135.00
Heavy Metal Screen \2\.......................................     326.25
Mercury, Cold Vapor AA.......................................     135.00
Monosodium Dihydrogen Phosphate..............................     180.00
Monosodium Glutamate.........................................     180.00
Niacin.......................................................      90.00
Ochratoxin A.................................................      67.50
Odor.........................................................      11.25
Organic Acids (in Eggs)......................................     180.00
Oxygen.......................................................      22.50
Palatability and Odor: Each Sample...........................      22.50
Penicillin...................................................      67.50
Pyrethrin Residue (Dairy)....................................     180.00
Scorched Particles...........................................      22.50
Sodium, Potentiometric.......................................      45.00
Sodium Benzoate, HPLC........................................      67.50
Sodium Lauryl Sulfate (SLS)..................................     360.00
Sodium Silicoaluminate (Zeolex)..............................      90.00
Solubility Index.............................................      11.25
Starch, Direct Acid Hydrolysis...............................      90.00
Starch (in Dry Milk).........................................      22.50
Sugar, Polarimetric Methods..................................      33.75
Sugar Profile, HPLC-- \3\
  One type sugar from HPLC profile...........................     135.00
  Each additional type sugar.................................      22.50
Sugars, Non-Reducing.........................................     135.00
Sulfur Dioxide, Direct Titration.............................      45.00
Toluene, Residual............................................      90.00
Vitamin A, Carr-Price (Dairy)................................     112.50
Vitamin A, HPLC..............................................      90.00
Vitamin B1 (Thiamin).........................................      90.00
Vitamin B2 (Riboflavin)......................................      90.00
Vitamin D, HPLC (Vitamins D2 and D3), Dairy..................     382.50
Whey Protein Nitrogen........................................      33.75
Whey Protein Nitrogen, Kjeldahl..............................     112.50
Xanthydrol Test For Urea.....................................      67.50
  This is an optional test to the extraneous materials
   isolation test.
------------------------------------------------------------------------
\1\ Antibiotic testing includes tests for chlorotetracycline,
  oxytetracycline, and tetracycline.
\2\ Heavy metal screen includes tests for cadmium, lead, and mercury.
\3\ This profile includes the following components: Dextrose, Fructose,
  Lactose, Maltose and Sucrose.


  Table 4--Single Test Laboratory Fees for Other Chemical and Physical
                           Component Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Cheese(Fines)................................................     $11.25
Color, Apparent-Visual.......................................      11.25
Complete Kohman Analysis (Dairy).............................      45.00
Hot Water Insolubles.........................................     $67.50
Linolenic Acid...............................................      90.00
Net Weight (Per Can).........................................      11.25
Non-Volatile Methylene Chloride Extract......................     112.50
Overrun for Whipped Topping..................................      33.75
Particle Size (Ether Wash)...................................      22.50
pH...........................................................      11.25
pH--Quinhydrone (Cheese).....................................      22.50
Potassium Iodide (Table Salt)................................      67.50
Protein Reducing Substances..................................      45.00
Quinic Acid (Cranberry Juice)................................      78.75
Serum Drainage for Whipped Topping...........................      22.50
Sieve or Particle Size.......................................      22.50
Rate of Wetting (Nondairy Creamer)...........................      22.50
Reducing Sugars..............................................      90.00
Water Activity...............................................      22.50
Water Insoluble Inorganic Residues (WIIR)....................      90.00
------------------------------------------------------------------------


    Table 5--Single Test Laboratory Fees for Microbiological Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Aerobic (Standard) Plate Count...............................     $22.50
Anaerobic Bacterial Plate Count..............................      33.75
Bacillus cereus..............................................      90.00
Bacterial Direct Microscopic Count...........................      45.00
Coliform Plate Count (Dairy Products)........................      22.50
Coliform Plate Count, Violet Red Bile Agar (Presumptive            33.75
 Coliform Plate Count).......................................
Coliforms, Most Probable Number (MPN) \1\:
  Step 1.....................................................      33.75
  Step 2.....................................................      22.50
Direct Microscopic Clump Count--(Field Submitted Smears, Less      11.25
 Than or Equal To 75 Million Count)..........................
Direct Microscopic Clump Count--(Field Submitted Smears,           45.00
 Greater Than 75 Million Count)..............................
Direct Microscopic Clump Count--(Lab Prepared Smears)........      45.00
E. coli, Presumptive MPN (Additional) \2\....................     $45.00
E. coli (MUG \3\)............................................      33.75
Enterococci Count............................................     135.00
Howard Mold Count \4\........................................      56.25
Lactobacillus Count \5\......................................      56.25
Lactic Acid Tolerant Microbes................................      22.50
Listeria monocytogenes Confirmation Analysis \6\:
  Step 1.....................................................      67.50
  Step 2.....................................................      56.25
  Step 3 (Confirmation)......................................     112.50
Parasite Identification......................................     180.00
Psychrotrophic Bacterial Plate Count.........................      45.00
Salmonella (USDA Culture Method) \7\:
  Step 1.....................................................      78.75
  Step 2.....................................................      33.75
  Step 3 (Confirmation)......................................      56.25
Salmonella Enumeration (Complete Test).......................     135.00
Salmonella (Rapid Methods) \8\:
  Step 1.....................................................      78.75
  Step 2.....................................................      33.75
  Step 3 (Confirmation)......................................      56.25
Salmonella typhi (Meat Products) \9\.........................      45.00
Staphylococcus aureus, Direct Plating........................      67.50
Staphylococcus aureus, MPN: With Coagulase Positive                78.75
 Confirmation................................................
Thermoduric Bacterial Plate Count............................      33.75
Yeast and Mold Count.........................................      22.50
Yeast and Mold Differential Confirmation.....................      22.50
Yeast and Mold Differential Plate Count......................      33.75
Yeast or Mold Confirmation...................................     22.50
------------------------------------------------------------------------
\1\ Coliform MPN analysis may be in two steps as follows: Step 1--
  presumptive test through lauryl sulfate tryptose broth; Step 2--
  confirmatory test through brilliant green lactose bile broth.

[[Page 236]]

 
\2\ Step 1 of the coliform MPN analysis is a prerequisite for the
  performance of the presumptive E. coli test. Prior enrichment in
  lauryl sulfate tryptose broth is required for optical recovery of
  E.coli from inoculated and incubated EC broth (Escherichia coli
  broth). The E. coli test is performed through growth on eosin
  methylene blue agar. The fee stated for E. coli analysis is a
  supplementary charge to step 1 of coliform test.
\3\ In the presence of the substrate 4-methylumbelliferone-[beta]-D-
  glucuronide (MUG), the enzyme [beta]-glucuronidase, which is found in
  the majority of E. coli strains, produces a fluorogenic end product
  which is visible under ultraviolet (UV) light.
\4\ Howard Mold Count involves counting mold filaments in commodity
  products.
\5\ Determination of bacterial plate count of different species of
  Lactobacillus.
\6\ Listeria monocytogenes test using the USDA method may be in three
  steps as follows: Step 1--isolation by University of Vermont modified
  (UVM) broth and Fraser's broth enrichments and selective plating with
  Modified Oxford (MOX) agar; Presumptive Step 2--typical colonies
  inoculated from Horse Blood into brain heart infusion (BHI) broth and
  check for characteristic motility; Confirmatory Step 3--culture from
  BHI broth with typical motility is inoculated into the seven
  biochemical medias, BHI agar for oxidase and catalase tests, Motility
  test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.
Listeria monocytogenes test using the FDA method may be in three steps
  as follows: Step 1--isolation by trypticase soy broth with 0.6% yeast
  extract (TSB-YE) broth enrichment and selective plating with Modified
  McBrides agar and Lithium chloride Phenylethanol Moxalactam (LPM)
  agar; Presumptive Step 2--typical colonies inoculated to trypticase
  soy agar with yeast extract (TSA-YE) with sheep blood plates to check
  for hemolysis followed by inoculations to BHI broth and TSA-YE plates
  to check for characteristic motility, gram stain and catalase test;
  Confirmatory Step 3--culture from BHI broth with typical motility for
  wet mount is inoculated into the required 10 biochemical medias,
  Sulfide-Indole-Motility (SIM) medium, and the CAMP test. Serology is
  checked using growth from TSA-YE plates.
Both methods for Listeria determination have the equivalent time needed
  for each step.
\7\ Salmonella test may be in three steps as follows: Step 1-- growth
  through differential agars; Step 2--growth and testing through triple
  sugar iron and lysine iron agars; Step 3-- confirmatory test through
  biochemicals, and polyvalent serological testing with Poly ``O'' and
  Poly ``H'' antiserums. The serological typing of Salmonella is
  requested on occasion.
\8\ Salmonella test may be in three steps as follows: Step 1--growth in
  enrichment broths and ELISA test or DNA hybridization system assay;
  Step 2--growth and testing through triple sugar iron and lysine iron
  agars; Step 3--confirmatory test through biochemicals, and polyvalent
  serological testing with Poly ``O'' and Poly ``H'' antiserums.
\9\ Salmonella typhi determination in mechanically deboned meat.


             Table 6--Laboratory Fees for Aflatoxin Analyses
------------------------------------------------------------------------
                                                                 Pair
          Aflatoxin test by commodity              Single      analyses
                                                  analysis       \1\
------------------------------------------------------------------------
Peanut Butter (TLC-CB, HPLC, Affinity Column).       $45.00       \2\ NA
Corn (TLC-CB, HPLC, Affinity Column)..........        45.00           NA
Roasted Peanuts (TLC-BF)......................        45.00           NA
Brazil Nuts (TLC-BF)..........................        90.00           NA
Pistachio Nuts (TLC-BF, HPLC).................        90.00           NA
Shelled Peanuts (TLC, Affinity Column)........        45.00       $38.00
Shelled Peanuts (HPLC)........................        45.00        70.00
Tree Nuts (TLC)...............................        45.00           NA
Oilseed Meals (TLC, HPLC, Affinity Column)....       $45.00           NA
Edible Seeds (TLC)............................        45.00           NA
Dried Fruit (TLC).............................        45.00           NA
Small Grains (TLC)............................        45.00           NA
In-Shell Peanuts Affinity Column (TLC)........        45.00        38.00
In-Shell Peanuts (HPLC).......................        45.00        70.00
Silage; Other Grains (TLC)....................        45.00           NA
Submitted Samples (TLC, HPLC, Affinity Column)        45.00           NA
Aflatoxin (Dairy, Eggs).......................       157.50          NA
------------------------------------------------------------------------
\1\ Aflatoxin testing of raw peanuts under Peanut Marketing Agreement
  for subsamples 1-AB, 2-AB, 3-AB, and 1-CD for single or pair of
  analyses is $19.00 or $38.00, respectively using Thin-Layer
  Chromatography (TLC) and Best Foods (BF) extraction or immunoaffinity
  column assay with fluorometric quantitation. The BF method has been
  modified to incorporate a water slurry extraction procedure. The
  Contaminants Branch (CB) method is used on occasion as an alternative
  method for peanuts and peanut meal when doubt exists as to the
  effectiveness of the Best Foods method in extracting aflatoxin from
  the sample or when background interferences exist that might mask TLC
  quantitation of aflatoxin. The cost per single or pair of analyses
  using High Pressure Liquid Chromatography (HPLC) is $35.00 and $70.00,
  respectively. Other aflatoxin for fruits and vegetables are listed at
  Science and Technology's current hourly rate of $45.00.
\2\ NA denotes not applicable.


     Table 7--Miscellaneous Charges Supplemental to the Science and
                  Technology's Laboratory Analysis Fees
------------------------------------------------------------------------
       Laboratory service description                  List fee
------------------------------------------------------------------------
Sample Grinding by Vertical Cutter Mixer     $22.50
 (VCM).
Sample Grinding Canned Boned Poultry.......  $11.25 per can.
Sample Grinding by Dickens Hammer Mill.....  $11.25.
Sample Grinding (Meats, Meat Products,
 Meals, Ready-to-Eat):
    Per pouch or raw sample................  $11.25.
    Per tray pack..........................  $22.50.
Composting Multiple Subsamples for an        Varies--Preparation fee
 Individual Test Sample Unit per subsample.   based on $45.00 per hour.
------------------------------------------------------------------------


[[Page 237]]


    Table 8--Additional Charges Applicable to the Sample Receipt and
                             Analysis Report
------------------------------------------------------------------------
            Service description                      List charge
------------------------------------------------------------------------
Courier Expense at Other AMS Laboratories:   Varies (based on total
 Mileage Charge Set at 32.5[cent] Per Mile    mileage).
 Round Trip from Laboratory to Delivery
 Site.
Facsimile Charge (Per Analysis Report).....  $3.20 minimum up to first 3
                                              pages, then $1.50 per
                                              page.
Additional Analysis Report or Extra          $22.50 per report or
 Certificate (\1/2\ hour charge).             certificate reissued.
------------------------------------------------------------------------


[65 FR 64311, Oct. 26, 2000]



Sec.  91.38  Additional fees for appeal of analysis.

    (a) The appellant will be charged an additional fee at a rate of 1.5 
times the standard rate stated in Sec.  91.37 (a) if, as a result of an 
authorized appeal analysis, it is determined that the original test 
results are correct. The appeal laboratory rate is $67.50 per analysis 
hour.
    (b) The appeal fee will be waived if the appeal laboratory test 
discloses that an inadvertent error was made in the original analysis.

[65 FR 64314, Oct. 26, 2000]



Sec.  91.39  Premium hourly fee rate for overtime and legal holiday service.

    (a) Laboratory analyses initiated at the special request of the 
applicant to be rendered on Saturdays, Sundays, Federal holidays, and on 
an overtime basis will be charged at a rate of 1.5 times the standard 
rate stated in Sec.  91.37 (a). The premium laboratory rate for holiday 
and overtime service will be $67.50 per analysis hour.
    (b) Information on legal holidays or what constitutes overtime 
service at a particular S&T laboratory is available from the Laboratory 
Director or facility supervisor.

[65 FR 64314, Oct. 26, 2000]



Sec.  91.40  Fees for courier service and facsimile of the analysis report.

    (a) The Science and Technology laboratories have a courier charge 
per trip to retrieve the sample package. The courier service charge is 
determined from the established single standard mileage rate and from 
the total authorized distance based on the shortest round trip route 
from laboratory to sample retrieval site. Pursuant to the requirements 
of paragraph (a) (1) of Sec.  5704 of Title 5, United States Code 
(U.S.C.), the automobile reimbursement rate cannot exceed the single 
standard mileage rate established by the Internal Revenue Service (IRS).
    (b) The faxing of laboratory analysis reports or certificates is an 
optional service for each S&T facility offered at a fee specified in 
table 8 in Sec.  91.37.

[65 FR 64314, Oct. 26, 2000]



Sec.  91.41  Charges for demonstrations and courses of instruction.

    Charges, not in excess of the cost thereof and as approved by the 
Deputy Administrator, may be made for demonstrations, samples, or 
courses of instruction when such are furnished upon request.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64314, Oct. 26, 2000]



Sec.  91.42  Billing.

    (a) Each billing cycle will end on the 25th of the month. The 
applicant will be billed by the National Finance Center using the 
Billings and Collections System (BLCO) on the 1st day, following the end 
of the billing cycle in which voluntary laboratory services and other 
services were rendered at a particular Science and Technology 
laboratory.
    (b) The total charge shall normally be stated directly on the 
analysis report or on a standardized official certificate form for the 
laboratory analyses of a specific agricultural commodity and related 
commodity products.
    (c) The actual bill for collection will be issued by the USDA, 
National Finance Center Billings and Collection Branch, (Mail: P.O. Box 
60075), 13800 Old Gentilly Road, New Orleans, Louisiana 70160-0001.

[65 FR 64314, Oct. 26, 2000]

[[Page 238]]



Sec.  91.43  Payment of fees and charges.

    (a) Fees and charges for services shall be paid by the applicant, by 
check or money order payable, to the ``Agricultural Marketing Service, 
USDA'' and sent to the office indicated on the bill.
    (b) Fees and charges for services under a cooperative agreement with 
a State or other AMS programs or other governmental agency will be paid 
in accordance with the terms of the cooperative agreement.
    (c) As necessary, the Deputy Administrator may require that fees 
shall be paid in advance of the performance of the requested service. 
Any fees paid in excess of the amount due shall be used to offset future 
billings, unless a request for a refund is made by applicant.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64315, Oct. 26, 2000]



Sec.  91.44  Charges on overdue accounts and issuance of delinquency notices.

    (a) Accounts are considered overdue if payment is late with the 
National Finance Center (NFC). The timeliness of a payment will be based 
on the postmark date of the payment or the date of receipt by the NFC if 
no postmark date is present or legible. Bills are payable upon receipt 
and become delinquent 30 days from date of billing.
    (b) Any amount due not paid by the due date will be increased by a 
late payment charge. The actual assessed rate applied to overdue 
accounts is set quarterly by the Department of the Treasury. This amount 
is one-twelfth of one year's late penalty interest rate computed at the 
prescribed rate.
    (c) Overtime or holiday laboratory service will not be performed for 
any applicant with a notice of delinquency.
    (d) Applicants with three notices of delinquency will be reviewed 
for possible termination of services. A deposit in advance sufficient to 
cover the fees and expenses for any subsequent service may be required 
of any person failing to pay in claim after issuance of such notice of 
delinquency.
    (e) The Deputy Administrator of S&T program and personnel of the 
USDA, NFC Billings and Collections Branch (address as listed in Sec.  
91.42) will take such actions as may be necessary to collect any 
delinquent amounts due for accounts in claim status.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64315, Oct. 26, 2000]



Sec.  91.45  Charges for laboratory services on a contract basis.

    (a) Irrespective of hourly fee rates and charges prescribed in Sec.  
91.37, or in other sections of this subchapter E, the Deputy 
Administrator may enter into contracts with applicants to perform 
continuous laboratory services or other types of laboratory services 
pursuant to the regulations in this part and other requirements, as 
prescribed by the Deputy Administrator in such contract. In addition, 
the charges for such laboratory services, provided in such contracts, 
shall be on such basis as will reimburse the Agricultural Marketing 
Service of the Department for the full cost of rendering such laboratory 
services, including an appropriate overhead charge to cover 
administrative overhead expenses as may be determined by the 
Administrator.
    (b) Irrespective of hourly fee rates and charges prescribed in this 
subpart I, or in other parts of this subchapter E, the Deputy 
Administrator may enter into a written Memorandum of Understanding (MOU) 
or agreement with any administrative agency or governing party for the 
performance of laboratory services pursuant to said agreement or order 
on a basis that will reimburse the Agricultural Marketing Service of the 
Department for the full cost of rendering such laboratory service, 
including an appropriate overhead administrative overhead charge.
    (c) The conditions and terms for renewal of such Memorandum of 
Understanding or agreement shall be specified in the contract.

[65 FR 64315, Oct. 26, 2000]



    Subpart J_Designation of Approved Symbols for Identification of 
                  Commodities Officially Tested By AMS

    Effective Date Note: At 68 FR 69947, Dec. 16, 2003, Sec. Sec.  
91.100--91.102 (Subpart J) was added effective January 15, 2004.

[[Page 239]]



Sec.  91.100  Scope.

    Two approved information symbols in the form of AMS shields are 
available to indicate official testing by an AMS laboratory. The two 
approved AMS shields with the words ``USDA AMS TESTED'' and ``USDA 
LABORATORY TESTED FOR EXPORT'' are added to the USDA symbol inventory to 
enhance the acceptance of AMS tested agricultural commodities on a 
national or international basis.



Sec.  91.101  Definitions.

    Words used in the regulations in this part in the singular form will 
import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this part, unless the context requires 
otherwise, the following terms will be construed to mean:
    AMS. The abbreviation for the Agricultural Marketing Service (AMS) 
agency of the United States Department of Agriculture.
    Export. To send or transport a product originally created or 
manufactured in the United States of America to another country in the 
course of trade.
    Laboratory. An AMS Science and Technology (S&T) laboratory listed in 
Sec.  91.5 that performs the official analyses.
    Test. To perform chemical, microbiological, or physical analyses on 
a sample to determine presence and levels or amounts of a substance or 
living organism of interest.
    USDA. The abbreviation for the United States Department of 
Agriculture.



Sec.  91.102  Form of official identification symbols.

    Two information symbols in the form of AMS shields indicate 
commodity testing at an AMS laboratory listed in Sec.  91.5 of this 
part. The AMS shield set forth in figure 1 of this section, containing 
the words ``USDA AMS TESTED'', and the shield set forth in figure 2, 
containing the words ``USDA LABORATORY TESTED FOR EXPORT'' have been 
approved by the USDA Office of Communications to be added to the USDA/
AMS inventory of symbols. Each example of an AMS shield has a black and 
white background; however the standard red, white and blue colors are 
approved for the shields. They are approved for use with AMS materials. 
Shields with the same wording that are similar in form and design to the 
examples in figures 1 and 2 of this section may also be used.
[GRAPHIC] [TIFF OMITTED] TR16DE03.000



PART 92_TOBACCO--Table of Contents




Sec.
92.1 General.
92.2 Definitions.
92.3 Location for laboratory testing and kind of services available.
92.4 Approved forms for reporting analytical results.
92.5 Analytical methods.

[[Page 240]]

92.6 Cost for pesticide analysis set by cooperative agreement.

    Authority: 7 U.S.C. 511m, 511r.

    Source: 58 FR 42424, Aug. 9, 1993, unless otherwise noted.



Sec.  92.1  General.

    Analytical testing of imported flue-cured and burley tobacco is 
performed for maximum allowable pesticide residue levels. Domestic grown 
tobacco may also be analyzed for pesticide residues at the Science and 
Technology's Eastern Laboratory facility.

[58 FR 42424, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996, 61 
FR 55840, Oct. 29, 1996; 65 FR 64315, Oct. 26, 2000]



Sec.  92.2  Definitions.

    Words used in the regulations in this part in the singular form will 
import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this part, unless the context requires 
otherwise, the following terms will be construed to mean:
    Air-cured. Tobacco cured under natural atmospheric conditions. 
Artificial heat is sometimes used to control excess humidity during the 
curing period to prevent house-burn, barn-burn and pole-burn in damp 
weather. Air-cured tobacco should not carry the odor of smoke or fumes 
resulting from the application of artificial heat.
    AMS. The abbreviations for the Agricultural Marketing Service (AMS) 
agency of the United States Department of Agriculture.
    Burley. A thin to medium-bodied tobacco, usually a light tan to 
reddish-brown in color.
    Burley, Type 93. That type of air-cured tobacco commonly known as 
foreign-grown Burley, produced in countries other than the United 
States.
    Certificate of Analysis (Form TB-92). A legal document on which the 
confirmed test results for official samples will be testified to be 
correct by a Science and Technology chemist in charge of testing.
    Cured. Tobacco dried of its sap by either natural or artificial 
processes.
    2,4-D. The common abbreviation for the acid herbicide 2,4-
Dichlorophenoxyacetic acid.
    DBCP. The common abbreviation for the volatile fumigant pesticide 
1,2-Dibromo-3-chloropropane.
    DDE. The common abbreviation for the chlorinated pesticide 
Dichlorodiphenyldichloroethylene. Degradation product of DDT by loss of 
one molecule of hydrochloric acid or referred to as a 
dehydrohalogenation process.
    DDT. The common abbreviation for Dichloro diphenyl trichloroethane 
or the common name for the chlorinated insecticide or contact poison 
1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethane.
    Dicamba. The common name for the acid herbicide 2-Methoxy-3,6-
dichlorobenzoic acid.
    EDB. The common abbreviation for Ethylene dibromide or the common 
name for the volatile fumigant pesticide 1,2-Dibromoethane.
    Flue-cured. Tobacco cured under artificial atmospheric conditions by 
a process of regulating the heat and ventilation without allowing smoke 
or fumes from the fuel to come in contact with the tobacco; or tobacco 
cured by some other process which accomplishes the same results.
    Flue-cured, Type 92. That type of flue-cured tobacco commonly known 
as Foreign-grown Flue-cured, produced in countries other than the United 
States.
    Formothion. The common name for the organophosphorus pesticide S-(2-
(Formylmethylamino)-2-oxoethyl) O-O-dimethyl phosphorodithioate.
    HCB. The common abbreviation for the organochlorine pesticide 
Hexachlorobenzene.
    Lot. A unit of shipment of tobacco encompassed by a single invoice. 
The lot may represent a pile, basket, bulk, hack, burden, or more than 
one bale, case, hogshead, tierce, package, or other definite package 
unit.
    Maximum pesticide residue level. The maximum concentration of 
residue allowable for a specific pesticide or combination of pesticides, 
as set forth in 7 CFR 29.427 by the AMS Deputy Administrator of the 
Tobacco Programs.
    Pesticide. Any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, and any 
substance or mixture of substances intended for use as a plant 
regulator, defoliant, or desiccant.

[[Page 241]]

    Pesticide certification. A document issued by the Tobacco Programs 
in a form approved by its AMS Deputy Administrator, containing a 
certification by the importer that flue-cured and burley tobacco offered 
for importation does not exceed the maximum allowable residue levels of 
any pesticide that has been canceled, suspended, revoked, or otherwise 
prohibited under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA).
    Pesticide test sample. An official sample or samples, collected from 
a lot of tobacco by the AMS Tobacco Programs inspector for analysis by a 
certified chemist to ascertain the residue levels of pesticides that 
have been canceled, suspended, revoked, or otherwise prohibited under 
the FIFRA.
    Sample Identification Form (Form TB-89). A document titled 
``Imported Tobacco Pesticide Residue Analysis'' that is approved by the 
AMS Deputy Administrator of the Tobacco Programs that identifies and 
accompanies the sample to the testing facility.
    2,4,5-T. The common abbreviation for the acid herbicide 2,4,5-
Trichlorophenoxyacetic acid.
    TDE. DDD or the common abbreviation for the chlorinated insecticide 
1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (CAS number 72-54-8).
    Testing. The chemical analysis of a pesticide test sample to 
determine the presence and levels of pesticide residues.
    Tobacco. Tobacco as it appears between the time it is cured and 
stripped from the stalk, or primed and cured, in whole leaf or strip 
form, and the time it enters into the different manufacturing processes. 
Conditioning, sweating, stemming, and threshing are not regarded as 
manufacturing processes. Tobacco, as used in this part, does not include 
manufactured or semi-manufactured products, stems, cuttings, clippings, 
trimmings, siftings, or dust.

[58 FR 42424, Aug. 9, 1993, as amended at 65 FR 64315, Oct. 26, 2000]



Sec.  92.3  Location for laboratory testing and kind of services available.

    (a) The analytical testing of imported Type 92 flue-cured tobacco 
samples and imported Type 93 burley tobacco samples for maximum 
pesticide residue level determinations is performed at the AMS Science 
and Technology's Eastern Laboratory, and is located at: USDA, AMS, 
Science and Technology, Eastern Laboratory (Chemistry), 645 Cox Road, 
Gastonia, NC 28054-0614.
    (b) Domestic-grown tobacco and tobacco products may be analyzed for 
acid herbicides, chlorinated hydrocarbons, fumigants, and 
organophosphates at the Science and Technology facility in this section.
    (c) The Science and Technology facility performs for the AMS Tobacco 
Programs the quantitative and confirmatory chemical residue analyses on 
pesticide test samples of imported tobacco for the following specific 
pesticides:
    (1) Organochlorine pesticides such as Dichloro-
diphenyldichloroethylene (DDE), Dichloro Diphenyl Trichloroethane (DDT), 
1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (TDE), Toxaphene, Endrin, 
Aldrin, Dieldrin, Heptachlor, Methoxychlor, Chlordane, Heptachlor 
Epoxide, Hexachlorobenzene (HCB), Cypermethrin, and Permethrin. (2) 
Organophosphorus pesticides such as Formothion. (3) Fumigants such as 
Ethylene Dibromide (EDB) and Dibromochloropropane (DBCP). (4) Acid 
herbicides such as 2,4-D, 2,4,5-T, and Dicamba.

[65 FR 64315, Oct. 26, 2000]



Sec.  92.4  Approved forms for reporting analytical results.

    (a) Form TB-89, ``Imported Tobacco Pesticide Residue Analysis'' 
certificate, is enclosed with and identifies the sample submitted to the 
laboratory.
    (b) Test results of the pesticide analyses for tobacco shall be 
recorded on ``Certificate of Analysis For Official Samples'', Form TB-
92, and shall be expressed as parts by weight of the residue per one 
million parts by weight of the tobacco sample (parts per million or 
ppm), which concentration is representative for each particular 
pesticide residue found in the lot of tobacco. Form TB-92 is attached to 
Form TB-89 that is returned to the AMS Tobacco Programs. The analytical 
data

[[Page 242]]

on Form TB-92 substantiates the information placed on Form TB-89.

[58 FR 42424, Aug. 9, 1993, as amended at 65 FR 64316, Oct. 26, 2000]



Sec.  92.5  Analytical methods.

    Every chemist certified to analyze tobacco samples for pesticide 
residue contamination shall follow precisely the USDA developed 
analytical test methods and all successive official method updates, as 
approved by the AMS Deputy Administrator, Science and Technology. Many 
of the official analyses for tobacco are found in the following manuals:
    (a) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research Branch, 
EPA Office of Research and Development (ORD), 26 West Martin Luther King 
Drive, Cincinnati, Ohio 45268.
    (b) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (c) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).

[65 FR 64316, Oct. 26, 2000]



Sec.  92.6  Cost for pesticide analysis set by cooperative agreement.

    The fee for the pesticide analysis of tobacco is set by the AMS 
Tobacco Programs, in conjunction with the AMS Science and Technology 
program, and appears at 7 CFR 29.500 as part of Tobacco Programs' fees 
for sampling and certification of imported flue-cured and burley 
tobacco. A Memorandum of Understanding (MOU) exists between the Tobacco 
Programs and the Science and Technology (S&T) for the testing of 
imported tobacco samples for pesticide residue contamination, and the 
corresponding agreement on the cost of analyses is specified in the MOU.

[65 FR 64316, Oct. 26, 2000]



PART 93_PROCESSED FRUITS AND VEGETABLES--Table of Contents




           Subpart A_Citrus Juices and Certain Citrus Products

Sec.
93.1 General.
93.2 Definitions.
93.3 Analyses available and location of laboratory.
93.4 Analytical methods.
93.5 Fees for citrus product analyses set by cooperative agreement.

          Subpart B_Peanuts, Tree Nuts, Corn and Other Oilseeds

93.10 General.
93.11 Definitions.
93.12 Analyses available and locations of laboratories.
93.13 Analytical methods.
93.14 Fees for aflatoxin analysis and fees for testing of other 
          mycotoxins.
93.15 Fees for analytical testing of oilseeds.

    Authority: 7 U.S.C. 1622, 1624.

    Source: 61 FR 51351, Oct. 2, 1996, unless otherwise noted.



           Subpart A_Citrus Juices and Certain Citrus Products



Sec.  93.1  General.

    Domestic and imported citrus products are tested to determine 
whether quality and grade standards are satisfied as set forth in the 
Florida Citrus Code.



Sec.  93.2  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Acid. The grams of total acidity, calculated as anhydrous citric 
acid, per 100 grams of juice or citrus product. Total acidity is 
determined by titration with standard sodium hydroxide solution, using 
phenolphthalein as indicator.

[[Page 243]]

    Brix or degrees Brix. The percent by weight concentration of the 
total soluble solids of the juice or citrus product when tested with a 
Brix hydrometer calibrated at 20 [deg]C (68 [deg]F) and to which any 
applicable temperature correction has been made. The Brix or degrees 
Brix may be determined by any other method which gives equivalent 
results.
    Brix value. The pure sucrose or soluble solids value of the juice or 
citrus product determined by using the refractometer along with the 
``International Scale of Refractive Indices of Sucrose Solutions'' and 
to which the applicable correction for acidity is added. The Brix value 
is determined in accordance with the refractometer method outlined in 
the Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II.
    Brix value/acid ratio. The ratio of the Brix value of the juice or 
citrus product, in degrees Brix, to the grams of anhydrous citric acid 
per 100 grams of juice or citrus product.
    Brix/acid ratio. The ratio of the degrees Brix of the juice to the 
grams of anhydrous citric acid per 100 grams of the juice.
    Citrus. All plants, edible parts and commodity products thereof, 
including pulp and juice of any orange, lemon, lime, grapefruit, 
mandarin, tangerine, kumquat or other tree or shrub in the genera 
Citrus, Fortunella, or Poncirus of the plant family Rutaceae.
    Recoverable oil. The percent of oil by volume, determined by the 
bromate titration method after distillation and acidification as 
described in the current edition of the Official Methods of Analysis of 
AOAC INTERNATIONAL, Volumes I & II.

[61 FR 51351, Oct. 2, 1996, as amended at 65 FR 64316, Oct. 26, 2000]



Sec.  93.3  Analyses available and location of laboratory.

    (a) Laboratory analyses of citrus juice and other citrus products 
are being performed at the following Science and Technology location: 
USDA, AMS, S&T Eastern Laboratory (Citrus), 98 Third Street, SW., Winter 
Haven, FL 33880.
    (b) Laboratory analyses of citrus fruit and products in Florida are 
available in order to determine if such commodities satisfy the quality 
and grade standards set forth in the Florida Citrus Code (Florida 
Statutes Pursuant to Chapter 601). Such analyses include tests for acid 
as anhydrous citric acid, Brix, Brix/acid ratio, recoverable oil, and 
artificial coloring matter additive, as turmeric. The Fruit and 
Vegetable Inspectors of the Division of Fruit and Vegetable of the 
Florida Department of Agriculture and Consumer Services may also request 
analyses for arsenic metal, pulp wash (ultraviolet and fluorescence), 
standard plate count, yeast with mold count, and nutritive sweetening 
ingredients as sugars.
    (c) There are additional laboratory tests available upon request at 
the Science and Technology Eastern (Citrus) Laboratory at Winter Haven, 
Florida. Such analyses include tests for vitamins, naringin, sodium 
benzoate, Salmonella, protein, salt, pesticide residues, sodium metal, 
ash, potassium metal, and coliforms for citrus products.

[65 FR 64316, Oct. 26, 2000]



Sec.  93.4  Analytical methods.

    (a) The majority of analytical methods for citrus products are found 
in the Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (b) Other analytical methods for citrus products may be used as 
approved by the AMS Deputy Administrator, Science and Technology (S&T).

[65 FR 64317, Oct. 26, 2000]



Sec.  93.5  Fees for citrus product analyses set by cooperative agreement.

    The fees for the analyses of fresh citrus juices and other citrus 
products shall be set by mutual agreement between the applicant, the 
State of Florida, and the AMS Deputy Administrator, Science and 
Technology programs. A Memorandum of Understanding (MOU) or cooperative 
agreement exists presently with the AMS Science and Technology and the 
State of Florida, regarding the set hourly

[[Page 244]]

rate and the costs to perform individual analytical tests on Florida 
citrus products, for the State.

[65 FR 64317, Oct. 26, 2000]



          Subpart B_Peanuts, Tree Nuts, Corn and Other Oilseeds



Sec.  93.10  General.

    Chemical analyses are performed to detect the presence of aflatoxin 
in lots of shelled peanuts and peanut products, as well as in other nuts 
and agricultural products. In addition, proximate chemical analyses for 
quality determination are performed on oilseeds.



Sec.  93.11  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Aflatoxin. A toxic metabolite produced by the molds Aspergillus 
flavus, Aspergillus parasiticus, and Aspergillus nomius. The aflatoxin 
compounds fluoresce when viewed under UV light as follows: aflatoxin 
B1 and derivatives with a blue fluorescence, aflatoxin 
B2 with a blue-violet fluorescence, aflatoxin G1 
with a green fluorescence, aflatoxin G2 with a green-blue 
fluorescence, aflatoxin M1 with a blue-violet fluorescence, 
and aflatoxin M2 with a violet fluorescence. These closely 
related molecular structures are referred to as aflatoxin B1, 
B2, G1, G2, M1, 
M2, GM1, B2a, 
G2a, R0, B3, 1-
OCH3B2, and 1-CH3G2.
    Peanut Administrative Committee (PAC). The committee established 
under the United States Department of Agriculture Marketing Agreement 
for Peanuts, 7 CFR part 998, which administers the terms and provisions 
of this Agreement, including the aflatoxin control program for 
domestically produced raw peanuts, for peanut shellers. The Peanut 
Administrative Committee (PAC) headquarters are at 2537 Lafayette Plaza 
Drive Suite A; Albany, Georgia 31707.
    Peanut Marketing Agreement. The agreement concerning the regulations 
and instructions set forth since July 12, 1965, by the Peanut 
Administrative Committee for the marketing of peanuts entered into by 
handlers of domestically produced peanuts under the authority of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 
et seq.).
    Peanuts. The seeds of the legume Arachis hypogaea, and includes both 
inshell and shelled nuts.
    Seed. Any vegetable or other agricultural plant ovule having an 
embryo that is capable of germinating to produce a plant.

[61 FR 51351, Oct. 2, 1996, as amended at 63 FR 16375, Apr. 2, 1998; 65 
FR 64317, Oct. 26, 2000]



Sec.  93.12  Analyses available and locations of laboratories.

    (a) Aflatoxin testing services. The aflatoxin analyses for peanuts, 
peanut products, dried fruits, grains, edible seeds, tree nuts, shelled 
corn products, cottonseed, oilseed products and other commodities are 
performed at the following 6 locations for AMS Science and Technology 
(S&T) Aflatoxin Laboratories:

(1) USDA, AMS, S&T
    1211 Schley Avenue, Albany, GA 31707.
(2) USDA, AMS, S&T
    c/o Golden Peanut Company, Mail: P.O. Box 279, 301 West Pearl 
Street, Aulander, NC 27805.
(3) USDA, AMS, S&T
    610 North Main Street, Blakely, GA 31723.
(4) USDA, AMS, S&T
    107 South Fourth Street, Madill, OK 73446.
(5) USDA, AMS, S&T
    c/o Cargill Peanut Products, Mail: P.O. Box 272, 715 North Main 
Street, Dawson, GA 31742-0272.
(6) USDA, AMS, S&T
    Mail: P.O. Box 1130, 308 Culloden Street, Suffolk, VA 23434.

    (b) Peanuts, peanut products, and oilseed testing services.
    (1) The Science and Technology (S&T) Aflatoxin Laboratories at 
Madill, Oklahoma and Blakely, Georgia will perform other analyses for 
peanuts, peanut products, and a variety of oilseeds. The analyses for 
oilseeds include testing for free fatty acids, ammonia, nitrogen or 
protein, moisture

[[Page 245]]

and volatile matter, foreign matter, and oil (fat) content.
    (2) All of the analyses described in paragraph (b)(1) of this 
section performed on a single seed sample are billed at the rate of one 
hour per sample. Any single seed analysis performed on a single sample 
is billed at the rate of one-half hour per sample. The standard hourly 
rate shall be as specified in Sec.  91.37(a) of this subchapter.
    (c) Vegetable oil testing services. The analyses for vegetable oils 
are performed at the USDA, AMS, Science and Technology (S&T) Midwestern 
Laboratory, 3570 North Avondale Avenue, Chicago, IL 60618-5391. The 
analyses for vegetable oils will include the flash point test, smoke 
point test, acid value, peroxide value, phosphorus in oil, and specific 
gravity. The fee charged for any single laboratory analysis for 
vegetable oils shall be obtained from the Midwestern Laboratory Director 
and it is based on the hourly fee rates and charges as specified in 7 
CFR part 91, subpart I.

[65 FR 64317, Oct. 26, 2000]



Sec.  93.13  Analytical methods.

    Official analyses for peanuts, nuts, corn, oilseeds, and related 
vegetable oils are found in the following manuals:
    (a) Approved Methods of the American Association of Cereal Chemists 
(AACC), American Association of Cereal Chemists/Eagan Press, 3340 Pilot 
Knob Road, St. Paul, Minnesota 55121-2097.
    (b) ASTA's Analytical Methods Manual, American Spice Trade 
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs, 
New Jersey 07632.
    (c) Analyst's Instruction for Aflatoxin (August 1994), S&T 
Instruction No. 1, USDA, Agricultural Marketing Service, Science and 
Technology, 3521 South Agriculture Building, 1400 Independence Avenue, 
SW., P.O. Box 96456, Washington, DC 20090-6456.
    (d) Official Methods and Recommended Practices of the American Oil 
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box 3489, 
2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
    (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (f) Standard Analytical Methods of the Member Companies of Corn 
Industries Research Foundation, Corn Refiners Association (CRA), 1701 
Pennsylvania Avenue, NW., Washington, DC 20006.
    (g) U.S. Army Natick Research, Development and Engineering Center's 
Military Specifications, approved analytical test methods noted therein, 
Code NPP-9, Department of Defense Single Stock Point (DODSSP) for 
Military Specifications, Standards, Building 4/D, 700 Robbins Avenue, 
Philadelphia, PA 19111-5094.

[65 FR 64317, Oct. 26, 2000]



Sec.  93.14  Fees for aflatoxin analysis and fees for testing of other 
mycotoxins.

    (a) The fee charged for any laboratory analysis for aflatoxins and 
other mycotoxins shall be obtained from the Laboratory Director for 
aflatoxin laboratories at the Dothan administrative office as follows: 
USDA, AMS, Science & Technology, 3119 Wesley Way, Suite 6, Dothan, 
Alabama 36305, Voice Phone: 334-794-5070, Facsimile: 334-792-1432.
    (b) The charge for the aflatoxin testing of raw peanuts under the 
Peanut Marketing Agreement for subsamples 1-AB, 2-AB, 3-AB, and 1-CD is 
a set cost per pair of analyses and shall be set by cooperative 
agreement between the Peanut Administrative Committee and AMS Science 
and Technology program.

[65 FR 64317, Oct. 26, 2000]



Sec.  93.15  Fees for analytical testing of oilseeds.

    The fee charged for any laboratory analysis for oilseeds shall be 
obtained from the Laboratory Director for aflatoxin laboratories at the 
Dothan administrative office as listed in 7 CFR 93.14(a).

[65 FR 64318, Oct. 26, 2000]

[[Page 246]]



PART 94_POULTRY AND EGG PRODUCTS--Table of Contents




              Subpart A_Mandatory Analyses of Egg Products

Sec.
94.1 General.
94.2 Definitions.
94.3 Analyses performed and locations of laboratories.
94.4 Analytical methods.
94.5 Charges for laboratory service.

              Subpart B_Voluntary Analyses of Egg Products

94.100 General.
94.101 Definitions.
94.102 Analyses available.
94.103 Analytical methods.
94.104 Fees and charges.

           Subpart C_Salmonella Laboratory Recognition Program

94.200 [Reserved]

                  Subpart D_Processed Poultry Products

94.300 General.
94.301 Definitions.
94.302 Analyses available and locations of laboratories.
94.303 Analytical methods.
94.304 Fees and charges.

    Authority: Secs. 2-28 of the Egg Products Inspection Act (84 Stat. 
1620-1635; 21 U.S.C. 1031-1056), Agricultural Marketing Act of 1946, 
Secs. 202-208 as amended (60 Stat. 1087-1091; 7 U.S.C. 1621-1627).

    Source: 58 FR 42428, Aug. 9, 1993, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 94 appear at 61 FR 
51352, Oct. 2 1996.



              Subpart A_Mandatory Analyses of Egg Products



Sec.  94.1  General.

    Microbiological, chemical, and physical analysis of liquid, frozen, 
and dried egg products is performed under authority of the Egg Products 
Inspection Act (21 U.S.C. 1031-1056).



Sec.  94.2  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Egg. The shell egg of the domesticated chicken, turkey, duck, goose, 
or guinea. Some of the terms applicable to shell eggs are defined by the 
AMS Poultry Programs in 7 CFR 57.5.
    Egg product. Any dried, frozen, or liquid eggs, with or without 
added ingredients. However, 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 may be exempted by the Secretary under such conditions 
as may be prescribed to assure that the egg ingredients are not 
adulterated and such products are not represented as egg products. Some 
of the products exempted as not being egg products are specified by the 
AMS Poultry Programs in 7 CFR 57.5.
    Mandatory sample. An official sample of egg product(s) taken for 
testing under authority of the Egg Products Inspection Act (21 U.S.C. 
1031-1056) for analysis by a United States Department of Agriculture, 
Agricultural Marketing Service, Science and Technology laboratory at 
government expense. A mandatory sample shall include an egg product 
sample to be analyzed for microbiological, chemical, or physical 
attributes. A mandatory egg product sample analyzed for the presence of 
Salmonella is also referred to as a confirmation sample as specified by 
the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580, 
paragraph (d).
    Official plant. Any plant, as determined by the Secretary, at which 
the U.S. Department of Agriculture maintains inspection of the 
processing of egg products under the authority of the Egg Products 
Inspection Act.
    Pasteurize. 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 the regulations in the EPIA.
    Pesticide chemical, food additive, color additive, and raw 
agricultural commodity. These terms shall have the same meaning for 
purposes of this subpart as

[[Page 247]]

under sections 408, 409, and 706 of the Federal Food, Drug, and Cosmetic 
Act.
    Plant. Any place of business where egg products are processed.
    Processing. Manufacturing of egg products, including breaking eggs 
or filtering, mixing, blending, pasteurizing, stabilizing, cooling, 
freezing, drying, or packaging egg products at official plants.

[58 FR 42428, Aug. 9, 1993, as amended at 65 FR 64318, Oct. 26, 2000]



Sec.  94.3  Analyses performed and locations of laboratories.

    (a) Samples drawn by a USDA egg products inspector will be analyzed 
by AMS Science and Technology (S&T) personnel for microbiological, 
chemical, and physical attributes. The analytical results of these 
samples will be reported to the resident egg products inspector at the 
applicable plant on the official certificate.
    (b) Mandatory egg product samples for Salmonella are required and 
are analyzed in S&T laboratories to spot check and confirm the adequacy 
of USDA approved and recognized laboratories for analyzing routine egg 
product samples for Salmonella.
    (c) Mandatory egg product samples for chlorinated hydrocarbons are 
required and are submitted by the plant inspectors on a random basis. 
These samples screen for pesticide residues and industrial chemical 
contaminants in egg products.
    (d) Samples are drawn by a USDA egg products inspector to determine 
potential adulteration. These egg product samples may be analyzed for 
extraneous material, color, color additive, pesticide, heavy metal, 
microorganism, dextrin, or other substance.
    (e) The AMS Science and Technology's Eastern Laboratory shall 
conduct the majority of laboratory analyses for egg products. The 
analyses for mandatory egg product samples are performed at the 
following USDA location: USDA, AMS, Science & Technology, Eastern 
Laboratory (Microbiology), 2311-B Aberdeen Boulevard, Gastonia, NC 
28054-0614.

[58 FR 42428, Aug. 9, 1993, as amended at 59 FR 24325, May 10, 1994; 59 
FR 50121, Sept. 30, 1994; 65 FR 64318, Oct. 26, 2000]



Sec.  94.4  Analytical methods.

    The majority of analytical methods used by the USDA laboratories to 
perform mandatory analyses for egg products are listed as follows:
    (a) Compendium Methods for the Microbiological Examination of Foods, 
Carl Vanderzant and Don Splittstoesser (Editors), American Public Health 
Association, 1015 Fifteenth Street, NW, Washington, DC 20005.
    (b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's Identification 
of Enterobacteriaceae, Elsevier Science, Inc., Regional Sales Office, 
655 Avenue of the Americas, P.O. Box 945, New York, NY 10159-0945.
    (c) FDA Bacteriological Analytical Manual (BAM), AOAC INTERNATIONAL, 
481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.
    (d) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research Branch, 
EPA Office of Research and Development (ORD), 26 West Martin Luther King 
Drive, Cincinnati, Ohio 45268.
    (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (f) Standard Methods for the Examination of Dairy Products, American 
Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 
20005.
    (g) Standard Methods for the Examination of Water and Wastewater, 
American Public Health Association (APHA), the American Water Works 
Association (AWWA) and the Water Pollution Control Federation, AWWA 
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
    (h) Test Methods for Evaluating Solid Waste Physical/Chemical 
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 
Integrated Manual (available from National Technical Information Service 
(NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, 
VA 22161).

[[Page 248]]

    (i) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).

[65 FR 64318, Oct. 26, 2000]



Sec.  94.5  Charges for laboratory service.

    The costs for analysis of mandatory egg product samples at Science 
and Technology Division laboratories shall be paid by annually 
appropriated and designated funds allocated to the egg products 
inspection program. The costs for any other mandatory laboratory 
analyses and testing of an egg product's identity and condition, 
necessitated by the Egg Products Inspection Act, shall also be paid by 
such program funding.



              Subpart B_Voluntary Analyses of Egg Products



Sec.  94.100  General.

    Analyses for voluntary egg product samples may be requested to 
certify that specifications regarding stated identity, quality, and 
wholesomeness are met; to test routinely for the presence of Salmonella; 
and to ensure laboratory quality control with testing activities.



Sec.  94.101  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this part, unless the context requires 
otherwise, the following terms will be construed to mean:
    Certification sample. An egg product sample submitted by an 
applicant for chemical, physical, or microbiological analyses and tests 
at a Science and Technology Division laboratory. This voluntary sample 
is analyzed or tested by the Division's analyst or scientist to certify 
that an egg product lot meets applicable specifications for identity, 
quality, and wholesomeness.
    Surveillance sample. This is a 100 gram sample for Salmonella 
analysis that is drawn by the USDA egg product inspector from each lot 
of egg product processed at an official plant. This sample may be 
analyzed by a Science and Technology Division laboratory, or by a 
laboratory approved and recognized by the Division to analyze for 
Salmonella in egg products.
    Unofficial sample. These samples of egg products are drawn by plant 
personnel upon the request of plant management. Analyses of these 
samples are usually conducted for the plant's refractometer correlation, 
bacteriological evaluation of production techniques, or quality control 
of procedures. Official plant or Science and Technology Division 
laboratories can analyze these samples.



Sec.  94.102  Analyses available.

    A wide array of analyses for voluntary egg product samples is 
available. Voluntary egg product samples include surveillance, 
certification, and unofficial samples. The physical and chemical tests 
for voluntary egg products include analyses for total ash, fat by acid 
hydrolysis, moisture, salt, protein, beta-carotene, catalase, 
cholesterol, NEPA color, density, total solids, aflatoxin, daminozide 
and amitraz residues, BHA, BHT, alcohol, chlorinated hydrocarbon and 
fumigant residues, dextrin, heavy and light filth, glucose, glycerol and 
gums. In addition, egg products can be analyzed for high sucrose 
content, pH, heavy metals and minerals, monosodium dihydrogen phosphate, 
monosodium glutamate, nitrites, oxygen, palatability and odor, 
phosphorus, propylene glycol, SLS, and zeolex. There are also be tests 
for starch, total sugars, sugar profile, whey, standard plate count, 
direct microscopic count, Campylobacter, coliforms, presumptive 
Escherichia coli, Listeria monocytogenes, proteolytic count, 
psychrotrophic bacteria, Salmonella, Staphylococcus, thermoduric 
bacteria, and yeast with mold count.

[[Page 249]]



Sec.  94.103  Analytical methods.

    The analytical methods used by the Science and Technology Division 
laboratories to perform voluntary analyses for egg products shall be the 
same as listed in Sec.  94.4.



Sec.  94.104  Fees and charges.

    (a) The fee charged for any single laboratory analysis of voluntary 
egg product samples shall be obtained from the schedules of charges in 
paragraph (a) of Sec.  91.37 of this subchapter.
    (b) The charge for any requested laboratory analysis not listed 
shall be based on the standard hourly rate specified in Sec.  91.37, 
paragraph (b).



           Subpart C_Salmonella Laboratory Recognition Program



Sec.  94.200  [Reserved]



                  Subpart D_Processed Poultry Products



Sec.  94.300  General.

    Laboratory services of processed poultry products are conducted to 
derive their analytical attributes used to determine the compliance of 
the product with applicable specifications.



Sec.  94.301  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Dark meat. Refers to the skinless and deboned drumstick, thigh, and 
back portions of poultry.
    Light meat. Refers to the skinless and deboned breast and wing 
portions of poultry.
    Poultry. Any kind of domesticated bird, including, but not limited 
to, chicken, turkey, duck, goose, pigeon, and guinea.
    Poultry product. Any ready-to-cook poultry carcass or part therefrom 
or any specified poultry food product.



Sec.  94.302  Analyses available and locations of laboratories.

    (a) The Science and Technology Division laboratories will analyze 
processed poultry products for moisture, fat, salt, protein, nitrites, 
and added citric acid.
    (b) Deboned poultry for roasting will have the individual dark meat, 
light meat, and skin portions tumbled separately in the natural juices 
prior to grinding. The skin, light meat, and dark meat portion weight 
percentages of the total product are determined. The ground skin, ground 
dark meat, and ground light meat portions will be analyzed separately 
for moisture, protein, salt, and fat. Moisture to protein ratios will be 
reported also for the individual portions of poultry.
    (c) Canned boned poultry for a variety of USDA programs will be 
tested as a total can composite of the canned product for moisture, fat, 
salt, and protein analyses. Additional poultry commodities and related 
products for specific USDA sponsored programs will be tested for 
different chemical and physical attributes.
    (d) Microbiological analyses, as the Salmonella determination, are 
available for poultry products.
    (e) The majority of analyses for processed poultry products shall be 
performed at the Science and technology Division Eastern Laboratory, as 
indicated in paragraph (e) of Sec.  94.3.



Sec.  94.303  Analytical methods.

    The analytical methods used by the USDA laboratories to perform 
analyses for processed poultry products are found in the latest edition 
of the Official Methods of Analysis of AOAC INTERNATIONAL, Suite 500, 
481 North Frederick Avenue, Gaithersburg, MD 20877-2417.

[61 FR 51352, Oct. 2, 1996]



Sec.  94.304  Fees and charges.

    (a) The fee charged for any single laboratory analysis of processed 
poultry products shall be obtained from the schedules of charges in 
paragraph (a) of Sec.  91.37 of this subchapter.
    (b) The laboratory analyses for processed poultry products shall 
result in an additional fee, found in Table 7 of

[[Page 250]]

Sec.  91.37 of this subchapter, for sample preparation or grinding.
    (c) The charge for any requested laboratory analysis of processed 
poultry products not listed shall be based on the standard hourly rate 
specified in Sec.  91.37 (b) of this subchapter.

                           PART 95 [RESERVED]




PART 96_COTTONSEED SOLD OR OFFERED FOR SALE FOR CRUSHING PURPOSES 
(CHEMICAL ANALYSIS AND UNITED STATES OFFICIAL GRADE CERTIFICATION)
--Table of Contents




           Subpart A_Cottonseed Chemists_Licensing Regulations

                                  Scope

Sec.
96.1 General.

                               Definitions

96.2 Terms defined.

                      Licensed Cottonseed Chemists

96.3 Application for license as cottonseed chemist; form.
96.4 Examination of applicant.
96.5 Period of license; renewals.
96.6 Conditions in licensing.
96.7 Sustained proficiency; suspension of license of cottonseed chemist.
96.8 Annual review of licensed chemist.
96.9 Fees for grading and certification.
96.10 Records of analyses; inspection of certificate recordkeeping.
96.11 Official and unofficial samples; analyses; certificate.
96.12 Unlicensed persons shall not analyze and certify the grade of 
          official samples.
96.13 Grade certificate; form.
96.14 Reports of licensed chemists.
96.15 Information of violations.
96.16 Licensed chemists; suspension or revocation of license.
96.17 Revoked license to be returned to Division.
96.18 Duplicate license.
96.19 Information on grading to be kept confidential.

                            Fees and Charges

96.20 Fee for chemist's license.
96.21 Fee for certificates to be paid by licensee to Service.
96.22 Fees for the review of grading of cottonseed.

            Subpart B_Official Cottonseed Grade Calculations

96.23 General.
96.24 Definitions, cottonseed quality analysis terms.
96.25 Determination of grade.
96.26 Determination of quantity index.
96.27 Determination of quality index.
96.28 Calculation of grades of official samples.
96.29 Analysis and certification of samples and grades.

    Authority: 7 U.S.C. 1622, 1624.

    Effective Date Note: At 68 FR 69948, Dec. 16, 2003, part 96 was 
removed effective January 15, 2004.

    Source: 58 FR 42431, Aug. 9, 1993, unless otherwise noted.



           Subpart A_Cottonseed Chemists_Licensing Regulations

                                  Scope



Sec.  96.1  General.

    Licenses are issued to chemists of laboratories involved in the 
grading of cottonseed. A chemist that has passed examinations for 
analyst proficiency and for official standards used for grading shall be 
issued a license to perform quality analyses for grade determinations of 
cottonseed.

                               Definitions



Sec.  96.2  Terms defined.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Blind check sample. A sample designated to check the routine 
analytical testing performance of the licensed USDA cottonseed chemist. 
The cottonseed is originally mixed in bulk quantities at a Division 
laboratory and packaged so that it is a representative portion for the 
samples forwarded to all chemists in a region under a certain number 
code. An oil mill representative and official cottonseed sampler 
repackage and identify the cottonseed as an official sample so that it 
would be

[[Page 251]]

blind or unknown as a check sample to the analyst.
    Commercial laboratory. A chemical laboratory operated by an 
individual, firm, or corporation in which one or more persons are 
engaged in the chemical analysis of materials for the public.
    Cotton gin. The machine or device used to separate the cotton fiber 
from the cottonseed.
    Cottonseed. The word ``cottonseed'' as used in this part means the 
seed, after having been put through the usual and customary process 
known as cotton ginning, of any cotton produced within the continental 
United States.
    Dispute. A disagreement between parties as to the true grade of a 
sample of cottonseed analyzed and graded by a licensed chemist.
    License. A license issued under the Act by the Secretary.
    Licensed cottonseed chemist. A person licensed under the Act by the 
Secretary to make quantitative and qualitative chemical analyses of 
official samples of cottonseed, according to the methods prescribed by 
the Director of the Division, and to certify the grade according to the 
official cottonseed standards of the United States.
    Licensed cottonseed sampler. A person licensed by the Secretary to 
draw and to certify the authenticity of samples of cottonseed in 
accordance with the regulations in this subpart.
    Lot. That parcel or quantity of cottonseed, offered for sale or 
tendered for delivery, or delivered on a sale or contract of sale, in 
freight cars, trucks, wagons, or otherwise in the quantities and within 
the time limits, prescribed from time to time by the Director of the AMS 
Cotton Division, for the drawing and preparation of official samples by 
licensed cottonseed samplers.
    Official cottonseed standards. The official standards of the United 
States for the grading, sampling, and analyzing of cottonseed sold or 
offered for sale for crushing purposes, established May 23, 1932, and 
amendments thereto.
    Official sample. A specimen of not less than 2 pounds of cottonseed, 
drawn and prepared by a licensed cottonseed sampler and certified as 
representative of a certain identified lot, in accordance with the 
regulations in this subpart.
    Owner. A person who through financial interest owns or controls, or 
has the disposition of either cottonseed or of samples of cottonseed.
    Society. The American Oil Chemists' Society (AOCS), P.O. Box 3489, 
1608 Broadmoor Drive, Champaign, IL 61826-3489.
    Supervisor of cottonseed chemists. An officer of the Science and 
Technology Division designated as such by the Director.

[58 FR 42431, Aug. 9, 1993, as amended at 61 FR 51352, Oct. 2, 1996]

                      Licensed Cottonseed Chemists



Sec.  96.3  Application for license as cottonseed chemist; form.

    (a) Application for a license to analyze and grade cottonseed shall 
be made to the Director on a form furnished for the purpose by the 
Science and Technology Division.
    (b) Each application shall be in English, shall be signed by the 
applicant, and shall contain or be accompanied by satisfactory evidence:
    (1) That the applicant is at least 25 years of age and that the 
applicant is an actual resident of the continental United States;
    (2) That the applicant holds a degree in chemistry or chemical 
engineering from a recognized college or university, and has had not 
less than 3 years practical experience in laboratory work, in which the 
applicant shall have analyzed quantitatively and qualitatively samples 
of cottonseed; or in the absence of a degree from a recognized college 
or university, that the applicant has had at least 5 years practical 
laboratory experience, 3 years of which shall have been devoted chiefly 
to the analysis of samples of cottonseed;
    (3) That the applicant has no financial interest, or is in the 
employ of anyone having a financial interest in any cottonseed oil mill 
or cotton ginning establishment;
    (4) That the applicant agrees to comply with and abide by the terms 
of the Act and these regulations so far as they may relate to him or 
her;

[[Page 252]]

    (5) That the applicant is an independent analytical chemist or an 
employee of a commercial analytical laboratory; and
    (6) That the applicant owns or will have the use of all of the 
apparatus specified in the regulations, established hereunder for the 
analysis and grading of cottonseed.
    (c) Every chemist licensed hereunder to analyze cottonseed and to 
certify the grade thereof shall comply with the Society's official 
analytical test methods and other methods of analysis approved by the 
Director.
    (d) The applicant shall furnish such additional information, as the 
Director shall at any time find to be necessary, to the consideration of 
the submitted application.
    (e) Upon receipt of an incomplete or improperly executed 
application, the applicant will be notified of the deficiency in the 
application. If the application is not corrected and returned within 30 
days following the date of notification, the application will be 
considered as having been abandoned.

[58 FR 42431, Aug. 9, 1993, as amended at 61 FR 51352, Oct. 2, 1996]



Sec.  96.4  Examination of applicant.

    Each applicant for a license as a chemist and each licensed chemist 
shall, when requested, submit to a practical examination and written 
test, to show an ability to analyze and grade cottonseed. These 
examinations can only be administered by the supervisor of cottonseed 
chemists. The chemist's failure to pass such tests may be considered 
sufficient ground for withholding the issuance of a license or of a 
renewal of a license.



Sec.  96.5  Period of license; renewals.

    The period for which a license may be issued shall be from the first 
day of August, until, and including the 31st day of July, following. 
Renewals shall be for not more than 1 year beginning with the first day 
of August of each year, provided that licenses issued on and after June 
1 of any year shall be for the period ending on July 31 of the following 
year.



Sec.  96.6  Conditions in licensing.

    (a) It shall be a condition of the licensing of any person and of 
the retention by him or her of a license, that during the active cotton 
season each year, the licensee shall be engaged in or in connection with 
the grading of cottonseed; that each cottonseed sample offered for 
grading shall be analyzed and grade certified by the licensee, in 
accordance with the official cottonseed standards of the United States; 
and that the USDA license of the cottonseed chemist shall not be used or 
be allowed to be used for any improper purpose.
    (b) A USDA licensed cottonseed chemist shall be required to 
participate in each quality assurance program and each collaborative 
study for the analytical testing of cottonseed as follows:
    (1) The licensed chemist must participate in the American Oil 
Chemists' Society (AOCS) cottonseed series which requires the testing of 
10 known cottonseed samples per year for foreign matter, moisture, free 
fatty acids, oil, and ammonia.
    (2) The licensed chemist must analyze and issue a grade for 10 blind 
cottonseed check samples per year from the Science and Technology 
Division. These blind check samples will be submitted as ``official'' 
samples.
    (3) The chemist shall participate in all collaborative cottonseed 
analytical method validation studies, initiated by the Division 
Director.
    (c) Each licensed chemist shall keep his or her license 
conspicuously posted at the place where he or she functions as a 
chemist, or in such other place as may be approved by the Division 
Director.
    (d) Each licensed chemist must pay in a timely manner an annual 
licensing renewal fee and other charges and fees assessed by the 
Division, as listed in Sec. Sec.  96.20 and 96.21. In the event the 
chemist fails to pay the annual license renewal fee by the 31st day of 
August, the chemist will be sent a written notice of a 7-day review by 
the Director for the suspension of his or her license.

[58 FR 42431, Aug. 9, 1993, as amended at 61 FR 51352, Oct. 2, 1996]

[[Page 253]]



Sec.  96.7  Sustained proficiency; suspension of license of cottonseed 
chemist.

    (a) Sustained proficiency in the analysis of the two check sample 
series is required to maintain a license. If a licensed chemist fails to 
perform satisfactorily during a 1 year period on either the AOCS or the 
USDA check cottonseed series, the chemist shall be placed on probation 
for 1 year, providing that the person achieves a passing score (90 or 
higher) on a retake of the proficiency examination. In the event that 
the chemist fails the examination, he or she may be subject to an 
immediate suspension of the license.
    (b) Failure to perform satisfactorily with either quality assurance 
program during a 1 year probationary period may also result in 
suspension of the license.
    (c) Pending final action by the Director to suspend a license of a 
cottonseed chemist, a written notice of such suspension shall be given 
to the respective licensee, accompanied by a statement of the reasons 
therefore. Within 7 days after receipt of notice and statement of 
reasons by a licensee, an appeal may be filed in writing with the 
Director supported by any argument or evidence as to why the license 
should not be suspended. After expiration of the 7-day period and 
consideration of such argument and evidence, the Director shall take 
such action, as deemed appropriate, with respect to a suspension.
    (d) Upon termination of service as a cottonseed chemist or 
suspension of such license, such licensee shall surrender the license 
immediately to the supervisor of the cottonseed chemists.
    (e) The minimum period of license suspension for a cottonseed 
chemist shall be 1 year, after which the chemist may reapply and be 
reexamined for a USDA license.
    (f) At the expiration of any period of suspension of such license, 
unless in the meantime it be revoked, the dates of the suspension period 
shall be endorsed thereon and returned to the licensed chemist to whom 
it was originally issued.



Sec.  96.8  Annual review of licensed chemist.

    Each licensed chemist shall be subject to an annual on-site review, 
by the supervisor of the cottonseed chemists, to assess the chemist's 
continued conformance with procedure and equipment requirements of 
official analytical test methods.



Sec.  96.9  Fees for grading and certification.

    Whenever any licensed chemist shall grade and/or certify any 
cottonseed or samples for a fee, the fee charged shall be reasonable, 
unconditional, nondiscriminatory, and shall be in accordance with a 
schedule previously submitted to and approved by the Division. The 
schedule shall include the certificate fee provided for in Sec.  96.21.



Sec.  96.10  Records of analyses; inspection of certificate recordkeeping.

    (a) Certificate recordkeeping responsibilities. The laboratory shall 
have an adequate system for the numbering and accounting of issued 
official cottonseed certificates. Provisions shall be made for 
consecutively numbering all cottonseed grade certificates issued and 
listing in a separate journal certificate numbers with the sample 
identification for accurate billing.
    (b) Retention of records for inspection. Each licensed chemist, 
shall keep, or shall cause to be kept for him or her, for a period of at 
least 3 years after date of analysis, a record of the analysis of each 
individual sample of cottonseed graded by the licensee.
    (c) Each licensed chemist shall permit any authorized officer or 
agent of the Department to inspect or examine, on any business day 
during normal business hours, books and records relating to analyses of 
cottonseed samples and issuance of cottonseed grade certificates under 
the Act and the regulations in this subpart.



Sec.  96.11  Official and unofficial samples; analyses; certificate.

    (a) Each licensed cottonseed chemist shall designate a certificate 
number from a series of assigned numbers to each official sample of 
cottonseed as received and shall analyze and certify over his or her 
signature the grade of

[[Page 254]]

each sample or lot of cottonseed in the order of its receipt.
    (b) Each such sample which is in proper condition for analysis under 
these regulations and which is accompanied by the certificate of a 
licensed cottonseed sampler certifying it to be an official sample that 
represents an identified lot of cottonseed shall be considered an 
official sample. In any case where the original sample is lost or 
destroyed before analysis, the duplicate thereof, retained by the 
licensed cottonseed sampler, as provided in Sec.  61.34 of this 
subchapter, shall become the official sample. Each licensed chemist 
shall retain for at least 2 weeks a portion of each official sample 
first analyzed; and in any case where a review is requested under Sec.  
61.8 of this subchapter, such retained portion shall be considered an 
official sample for purposes of review analysis.
    (c) Each such sample which is: (1) Not sufficient for proper 
analysis as an official sample under these regulations, or
    (2) Not accompanied by a certificate of a licensed cottonseed 
sampler, or
    (3) Not believed to be samples of the same seed represented by an 
official sample (except duplicates or lost or destroyed official 
samples) shall be considered an unofficial sample and the licensed 
cottonseed chemist's certificate of the grade thereof shall be plainly 
marked: ``Sample not official; grade applies to sample only.'' This 
paragraph shall not apply to mill control or crush samples.



Sec.  96.12  Unlicensed persons shall not analyze and certify the grade 
of official samples.

    (a) No person shall in any way represent that he or she is a chemist 
licensed under the Act, unless that person holds a license issued under 
the Act. Title 18 U.S.C. 1001, Crimes and Criminal Procedures, makes it 
a criminal offense to knowingly and willfully make such false 
representations.
    (b) Only licensed chemists shall analyze and certify the grade of 
official cottonseed samples.



Sec.  96.13  Grade certificate; form.

    Each grade certificate issued under the Act by a licensed chemist 
shall be in a form, approved for the purpose by the Director and shall 
embody within its written or printed terms:
    (a) The caption ``Cottonseed Grade Certificate.''
    (b) The serial number assigned to it.
    (c) The date and place of issuance.
    (d) A statement certifying that the analysis of the cottonseed 
sample was made according to the methods approved by the Director of the 
Division and that the grade given is according to the official standards 
of the United States.
    (e) A statement of the condition of the lot of cottonseed as 
reported by the sampler, and in cases where the sample was submitted by 
a licensed sampler, the name and license number of the sampler.
    (f) The identification of each lot of cottonseed by the marks and 
notations by which the seed was identified at the time the sample was 
taken, and the origin of the cottonseed by county and State.
    (g) All analytical data required by the Director.
    (h) The signature and license number of the chemist. In addition, 
the grade certificate may include any other matter consistent with the 
Act or the regulations in this part. Two copies of the grade certificate 
form shall be submitted to and approved by the Division, before use by a 
licensed chemist. A copy of each certificate shall be mailed to a 
designated office of the Division within 36 hours after its issuance.



Sec.  96.14  Reports of licensed chemists.

    Each licensed chemist shall periodically, when requested by the 
Director, make reports on forms furnished for the purpose by the 
Division, concerning the activities as such licensed chemist.



Sec.  96.15  Information of violations.

    Whenever any person licensed under this part becomes aware of 
information relating to the violation of the Act or these regulations, 
such person shall inform the Director of the Division of the alleged 
violations.

[[Page 255]]



Sec.  96.16  Licensed chemists; suspension or revocation of license.

    The Director may, without a hearing, suspend or revoke the license 
issued to a licensed chemist upon written request and a satisfactory 
statement of reasons submitted by such licensed chemist. Pending final 
action by the Secretary, the Director may, whenever such action is 
deemed necessary, suspend or revoke the license of any licensed chemist 
when such licensed chemist:
    (a) Has ceased to perform services as such chemist;
    (b) Has knowingly or carelessly analyzed cottonseed improperly;
    (c) Has violated or evaded any provision of the Act or the 
regulations so far as they relate to the licensee;
    (d) Has used the license or allowed it to be used for any fraudulent 
or improper purposes; or
    (e) Has in any manner become incompetent or incapacitated to perform 
the duties of a licensed chemist.

In such cases the Director shall give written notice of the suspension 
or revocation to the licensed chemist, accompanied by a statement of the 
reasons therefor. Within 10 days after the receipt of the aforesaid 
notice and statement of reasons by such licensee, the individual may 
file an appeal, in writing, with the Secretary, supported by any 
argument or evidence that the licensee may wish to offer, as to why the 
license should not be suspended or revoked. After the expiration of the 
aforesaid 10-day period and consideration of such argument and evidence, 
the Secretary will take such action as is deemed appropriate with 
respect to such suspension or revocation. When no appeal is filed within 
the prescribed 10 days, the license shall be automatically suspended or 
revoked.



Sec.  96.17  Revoked license to be returned to Division.

    If a license issued to a licensed chemist is revoked, such license 
shall be returned to the Division.



Sec.  96.18  Duplicate license.

    Upon satisfactory proof of the loss or destruction of a license 
issued to a licensed chemist, a duplicate thereof may be issued under 
the same or a new number.



Sec.  96.19  Information on grading to be kept confidential.

    Every person licensed under the Act as a licensed chemist shall keep 
confidential all information secured by the licensee, relative to 
cottonseed analyzed and graded by the licensee. The licensee shall not 
disclose such information to any person, except to the owner or 
custodian of the seed in question, or to an authorized agent of the 
Department.

                            Fees and Charges



Sec.  96.20  Fee for chemist's license.

    (a) The fee for the examination of an applicant for a license as a 
chemist to analyze and certify the grade of cottonseed shall be 
$1,166.00.
    (b) The examination fee shall be paid at the time the application is 
filed or at a time prior to the administration of the examinations. This 
fee shall be paid regardless of the outcome of the licensing 
examinations. The examination fee shall be nonrefundable to the 
applicant; however, in the event of death of the applicant prior to the 
examination, full payment of the fee may be returned to the applicant's 
beneficiary. If an application is filed with an insufficient fee, the 
application and fee submitted will be returned to the applicant.
    (c) For each renewal of a chemist's license, the fee shall be 
$292.00.

[63 FR 16375, Apr. 2, 1998]



Sec.  96.21  Fee for certificates to be paid by licensee to Service.

    (a) To cover the cost of administering the regulations in this part, 
each licensed cottonseed chemist shall pay to the Service $3.18 for each 
certificate of the grade of cottonseed issued by the licensee.
    (b) Upon receipt of a statement from the Service each month, showing 
the number of certificates issued by the licensee, such licensee will 
forward the appropriate remittance in the form of a check, draft, or 
money order payable to

[[Page 256]]

the ``Agricultural Marketing Service, USDA.''

[58 FR 42431, Aug. 9, 1993, as amended at 63 FR 16375, Apr. 2, 1998]



Sec.  96.22  Fees for the review of grading of cottonseed.

    For the review of the grading of any lot of cottonseed, the fee 
shall be $60.00. Remittance to cover such fee, in the form of a check, 
draft, or money order payable to the ``Agricultural Marketing Service, 
USDA'' shall accompany each application for review. For each such fee 
collected, $20.00 shall be disbursed to each of the two licensed 
chemists designated to make reanalysis of such seed.



            Subpart B_Official Cottonseed Grade Calculations



Sec.  96.23  General.

    Using methods prescribed by the Science and Technology Division, the 
licensed cottonseed chemist makes quantitative and qualitative chemical 
analyses, certificating the grade according to the official cottonseed 
standards of the United States.



Sec.  96.24  Definitions, cottonseed quality analysis terms.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Cottonseed quality analysis. In determining the quality of 
cottonseed, testing is performed by licensed chemists for total 
composition of oil, ammonia, moisture, free fatty acids, and foreign 
matter. These individual analytical factors of cottonseed samples are 
combined to form indexes of quantity and quality, which in turn are used 
to determine the official grade of cottonseed, in accordance with the 
United States Official Standards for Grades.
    Foreign matter. The foreign matter in cottonseed includes boll 
portions, sand, dirt, stones or gravel, hulls, leaves, stems, unginned 
locks of cotton, lint cotton, immature seeds, and any noncotton 
extraneous material.
    Official grade. The official grade is the product of the quantity 
index times the quality index, and it is determined by a representative 
official sample of cottonseed, graded by a licensed chemist under the 
supervision of the United States Department of Agriculture. The base 
grade for cottonseed is 100.0.
    Quality index. The quality index measures the deterioration of 
cottonseed in oil and meal and takes into account the excesses of 
moisture, foreign matter and free fatty acids.
    Quantity index. The quantity index measures the oil and cake or meal 
in the cottonseed and takes into account variations in the quantity of 
oil and ammonia.



Sec.  96.25  Determination of grade.

    The grade of cottonseed shall be determined from the analysis of 
samples, and it shall be the result, stated in the nearest whole or half 
numbers, obtained by multiplying a quantity index by a quality index and 
dividing the result by 100. The quantity index and the quality index 
shall be determined as hereinafter provided.
    (a) The basis grade of cottonseed shall be grade 100.
    (b) High grades of cottonseed shall be those grades above 100.
    (c) Low grades of cottonseed shall be those grades below 100.
    (d) Grades for American Pima cottonseed shall be suffixed by the 
designation ``American Pima'' or by the symbol ``AP.''



Sec.  96.26  Determination of quantity index.

    The quantity index of cottonseed shall be determined as follows:
    (a) For Upland cottonseed, the quantity index shall equal four times 
the percentage of oil, plus six times the percentage of ammonia, plus 
five.
    (b) For American Pima cottonseed, the quantity index shall equal 
four times the percentage of oil, plus six times the percentage of 
ammonia, minus ten.

[[Page 257]]



Sec.  96.27  Determination of quality index.

    The quality index of cottonseed shall be an index of purity and 
soundness, and shall be determined as follows:
    (a) Prime quality cottonseed. Cottonseed, that by analysis, contains 
not more than 1.0 percent of foreign matter, not more than 12.0 percent 
of moisture, and not more than 1.8 percent of free fatty acids in the 
oil in the seed, shall be known as prime quality cottonseed and shall 
have a quality index of 100.
    (b) Below prime quality cottonseed. The quality index of cottonseed 
that, by analysis, contains foreign matter, moisture, or free fatty 
acids in the oil in the seed, in excess of the percentages prescribed in 
paragraph (a) of this section, shall be found by reducing the quality 
index of prime quality cottonseed as follows:
    (1) Four-tenths of a unit for each 0.1 percent of free fatty acids 
in the oil, in the seed, in excess of 1.8 percent.
    (2) One-tenth of a unit for each 0.1 percent of foreign matter in 
excess of 1.0 percent.
    (3) One-tenth of a unit for each 0.1 percent of moisture in excess 
of 12.0 percent.
    (c) Off quality cottonseed. Cottonseed that has been treated by 
either mechanical or chemical process other than the usual cleaning, 
drying, and ginning (except sterilization required by the United States 
Department of Agriculture for quarantine purposes) or that are fermented 
or hot, or that upon analysis are found to contain 12.5 percent or more 
of free fatty acids, in the oil, in the seed, or more than 10.0 percent 
of foreign matter, or more than 20.0 percent of moisture, or more than 
25.0 percent of moisture and foreign matter combined, shall be 
designated as ``off quality cottonseed.''
    (d) Below grade cottonseed. Cottonseed, the grade of which, when 
calculated according to Sec.  96.25 is below grade 40.0, shall be 
designated as ``below grade cottonseed,'' and a numerical grade shall 
not be indicated.



Sec.  96.28  Calculation of grades of official samples.

    (a) Data on certificates of official cottonseed analyses shall be 
expressed as follows:
Foreign Matter to--0.1 percent
Oil to--0.1 percent
Ammonia to--0.01 percent
Free Fatty Acid, when 5% or under, to--0.1 percent
Free Fatty Acid, when over 5%, to--0.5 percent
Quantity Index to--0.01 percent
Quality Index to--0.1 percent
    (b) Grade to whole or half units, whichever actual calculation is 
nearest shall be determined as follows:
    (1) The calculation of grades shall be made by the method of 
disregarding the figures to the right of the second decimal place.
    (2) Calculated grades ending with .2500 through .7499 will be 
considered to be in the .25 through .74 range, and will be reported to 
the nearest half grade.
    (3) Calculated grades ending with .7500 through .2499 will be 
considered to be in the .75 through .24 range, and will be reported to 
the nearest whole grade.



Sec.  96.29  Analysis and certification of samples and grades.

    The certification of samples of cottonseed, and the analysis and 
certification of grades of cottonseed shall be performed in accordance 
with methods, approved from time to time for the purposes by the 
Director, or a designated representative.



PART 97_PLANT VARIETY AND PROTECTION--Table of Contents




                                  Scope

Sec.
97.1 General.

                               Definitions

97.2 Meaning of words.

                             Administration

97.3 Plant Variety Protection Board.

                             The Application

97.5 General requirements.
97.6 Application for certificate.
97.7 [Reserved]
97.8 Specimen requirements.
97.9 Drawings and photographs.
97.10 Parts of an application to be filed together.
97.11 Application accepted and filed when received.
97.12 Number and filing date of an application.
97.13 When the owner is deceased or legally incapacitated.

[[Page 258]]

97.14 Joint applicants.
97.15 Assigned varieties and certificates.
97.16 Amendment by applicant.
97.17 Papers of completed application to be retained.
97.18 Applications handled in confidence.
97.19 Publication of pending applications.
97.20 Abandonment for failure to respond within the time limit.
97.21 Extension of time for a reply.
97.22 Revival of an application abandoned for failure to reply.
97.23 Voluntary withdrawal and abandonment of an application.
97.24 Assignee.

                  Examinations, Allowances, and Denials

97.100 Examination of applications.
97.101 Notice of allowance.
97.102 Amendments after allowance.
97.103 Issuance of a certificate.
97.104 Application or certificate abandoned.
97.105 Denial of an application.
97.106 Reply by applicant; request for reconsideration.
97.107 Reconsideration and final action.
97.108 Amendments after final action.

                   Correction of Errors in Certificate

97.120 Corrected certificate--office mistake.
97.121 Corrected certificate--applicant's mistake.

                        Reissuance of Certificate

97.122 Certified seed only election.

                        Assignments and Recording

97.130 Recording of assignments.
97.131 Conditional assignments.
97.132 Assignment records open to public inspection.

                     Marking or Labeling Provisions

97.140 After filing.
97.141 After issuance.
97.142 For testing or increase.
97.143 Certified seed only.
97.144 Additional marking or labeling.

                          Attorneys and Agents

97.150 Right to be represented.
97.151 Authorization.
97.152 Revocation of authorization; withdrawal.
97.153 Persons recognized.
97.154 Government employees.
97.155 Signatures.
97.156 Addresses.
97.157 Professional conduct.
97.158 Advertising.

                            Fees and charges

97.175 Fees and charges.
97.176 Fees payable in advance.
97.177 Method of payment.
97.178 Refunds.
97.179 Copies and certified copies.

                     Availability of Office Records

97.190 When open records are available.

                           Protest Proceedings

97.200 Protests to the grant of a certificate.
97.201 Protest proceedings.

                            Priority Contest

97.205 Definition; when declared.
97.206 Preparation for priority contest between applicants.
97.207 Preparation of priority papers and declaration of priority 
          contest.
97.208 Burden of proof.
97.209 Preliminary statement on novel variety developed in the United 
          States.
97.210 Preliminary statement on novel variety developed in a foreign 
          country.
97.211 Statements sealed before filing.
97.212 Correction of a statement on motion.
97.213 Failure to file statements.
97.214 Access to preliminary statements.
97.215 Dissolution at the request of the Commissioner.
97.216 Concession; abandonment.
97.217 Affidavits and exhibits.
97.218 Matters considered in determining a priority.
97.219 Recommendation by the Commissioner.
97.220 Decision by the Commissioner.
97.221 Status of claims of defeated applicant.
97.222 Second priority contest.

                         Appeal to the Secretary

97.300 Petition to the Secretary.
97.301 Commissioner's answer.
97.302 Decision by the Secretary.
97.303 Action following the decision.

     General Procedures in Priority, Protest, or Appeal Proceedings

97.400 Extensions of time.
97.401 Miscellaneous provisions.
97.402 Service of papers.
97.403 Manner of service.

                      Review of Decisions by Court

97.500 Appeal to U.S. Courts.

                      Cease and Desist Proceedings

97.600 Rules of practice.

                         Public Use Declaration

97.700 Public interest in wide usage.

                               Publication

97.800 Publication of public variety descriptions.
97.900 Form of official identification symbol.


[[Page 259]]


    Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 
et seq.; and Sec. 14, Plant Variety Protection Act amendments of 1994, 7 
U.S.C. 2401 note.

    Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

                                  Scope



Sec.  97.1  General.

    Certificates of protection are issued by the Plant Variety 
Protection office for new, distinct, uniform, and stable varieties of 
sexually reproduced or tubor propagated plants. Each certificate of 
plant variety protection certifies that the breeder has the right, 
during the term of the protection, to prevent others from selling the 
variety, offering it for sale, reproducing it, importing or exporting 
it, conditioning it, stocking it, or using it in producing a hybrid or 
different variety from it, as provided by the Act.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]

                               Definitions



Sec.  97.2  Meaning of words.

    Words used in the regulations in this part in the singular form will 
import the plural, and vice versa, as the case may demand. The 
definitions of terms contained in the Act shall apply to such terms when 
used in this part. As used throughout the regulations in this part, 
unless the context requires otherwise, the following terms will be 
construed to mean:
    Abandoned application. An application which has not been pursued to 
completion within the time allowed by the Office or has been voluntarily 
abandoned.
    Act. The Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
    Administrator. The Administrator of the Agricultural Marketing 
Service of the U.S. Department of Agriculture, or any other officer or 
employee of the Department of Agriculture to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his or her stead.
    Applicant. The person who applied for a certificate of plant variety 
protection.
    Application. An application for plant variety protection under the 
Act.
    Assignee. A person to whom an owner assigns his/her rights in whole 
or in part.
    Board. The Plant Variety Protection Board appointed by the 
Secretary.
    Certificate. A certificate of plant variety protection issued under 
the Act by the Office.
    Certified seed. Seed which has been determined by an official seed 
certifying agency to conform to standards of genetic purity and identity 
as to variety, which standards have been approved by the Secretary.
    Commissioner. The Examiner in Chief of the Office.
    Decision and order. Includes the Secretary's findings of fact; 
conclusions with respect to all material issues of fact and law, as well 
as the reasons or basis therefor; and order.
    Examiner. An employee of the Plant Variety Protection Office who 
determines whether a certificate is entitled to be issued. The term 
shall, in all cases, include the Commissioner.
    Foreign application. An application for plant variety protection 
filed in a foreign country.
    Hearing Clerk. The Hearing Clerk, U.S. Department of Agriculture, 
Washington, DC.
    Hearing Officer. An Administrative Law Judge, U.S. Department of 
Agriculture, or other officer or employee of the Department of 
Agriculture, duly assigned to preside at a hearing held pursuant to the 
rules of this part.
    Office or Plant Variety Protection Office. The Plant Variety 
Protection Office, Science and Technology Division, AMS, USDA.
    Official Journal. The ``Official Journal of the Plant Variety 
Protection Office.''
    Owner. A breeder who developed or discovered a variety for which 
plant variety protection may be applied for under the Act, or a person 
to whom the rights to such variety have been assigned or transferred.
    Person. An individual, partnership, corporation, association, 
government agency, or other business or governmental entity.
    Secretary. The Secretary of Agriculture of the United States or any

[[Page 260]]

other officer or employee of the U.S. Department of Agriculture, to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated to act in his or her stead.
    Seed certifying agency. It shall be defined as set forth in the 
Federal Seed Act (53 Stat. 1275).
    Sale for other than seed purposes. The transfer of title to and 
possession of the seed by the owner to a grower or other person, for 
reproduction for the owner, for testing, or for experimental use, and 
not for commercial sale of the seed or the reproduced seed for planting 
purposes.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]

                             Administration



Sec.  97.3  Plant Variety Protection Board.

    (a) The Plant Variety Protection Board shall consist of 14 members 
appointed for a 2-year term. The Board shall be appointed every 2 years 
and shall consist of individuals who are experts in various areas of 
varietal development. The membership of the Board, which shall include 
farmer representation, shall be drawn approximately equally from the 
private or seed industry sector and from the government or public 
sector. No member shall be eligible to act on any matter involving any 
appeal or questions under section 44 of the Act, in which the member or 
his or her employer has a direct financial interest.
    (b) The functions of the Board are to:
    (1) Advise the Secretary concerning adoption of rules and 
regulations to facilitate the proper administration of the Act;
    (2) Make advisory decisions on all appeals from the examiner or 
Commissioner;
    (3) Advise the Secretary on the declaration of a protected variety 
open to use in the public interest; and
    (4) Advise the Secretary on any other matters under the regulations 
in this part.
    (c) The proceedings of the Board shall be conducted in accordance 
with the Federal Advisory Committee Act, Administrative Regulations of 
the U.S. Department of Agriculture (7 CFR part 25), and such additional 
operating procedures as are adopted by members of the Board.

[58 FR 42435, Aug. 9, 1993, as amended at 61 FR 248, Jan. 4, 1996]

                             The Application



Sec.  97.5  General requirements.

    (a) Protection under the Act shall be afforded only as follows:
    (1) Nationals and residents of the United States shall be eligible 
to receive all of the protection under the Act.
    (2) Nationals and residents of Member States of the International 
Union for the Protection of New Varieties of Plants (including states 
which are members of an intergovernmental organization which is a UPOV 
member) shall be eligible to receive the same protection under the Act 
as is provided to nationals of the United States.
    (3) Persons who are not entitled to protection under paragraph 
(a)(1) or (2) of this section, and who are nationals of a foreign state 
which is not a member of the International Union for the Protection of 
New Varieties of Plants, shall be entitled to only so much of the 
protection provided under the Act, as is afforded by such foreign state 
to nationals of the United States, for the same genus and species under 
the laws of such foreign state in effect at the time that the 
application for protection under the Act is filed, except where further 
protection under the Act must be provided in order to avoid the 
violation of a treaty to which the United States is a party.
    (b) Applications for certificates shall be made to the Plant Variety 
Protection Office. An application shall consist of:
    (1) A completed application form, except that the section specifying 
that seed of the variety shall be sold by variety name only, as a class 
of certified seed, need not be completed at the time of application.
    (2) A completed set of the exhibits, as specified in the application 
form, unless the examiner waives submission of certain exhibits as 
unnecessary, based on other claims and evidence presented in connection 
with the application.

[[Page 261]]

    (3) Language and legibility: (i) Applications and exhibits must be 
in the English language and legibly written, typed or printed.
    (ii) Any interlineation, erasure, cancellation, or other alteration 
must be made in permanent ink before the application is signed and shall 
be clearly initialed and dated by the applicant to indicate knowledge of 
such fact at the time of signing.
    (4) To determine the extent of reciprocity of the protection to be 
provided under the Act, persons filing an application for plant variety 
protection in the United States under the provisions of paragraph (a)(3) 
of this section shall, upon request \1\, furnish the Plant Variety 
Protection Office with a copy of the current plant variety protection 
laws and regulations for the country of which the applicant is a 
national, and an accurate English translation of such laws and 
regulations.
---------------------------------------------------------------------------

    \1\ Copies and translations of foreign laws and regulations will be 
requested only if they are not in the files of the Plant Variety 
Protection Office. Applicants may learn whether such a request will be 
made by writing to the address given in paragraph (c) of this section.
---------------------------------------------------------------------------

    (c) Application and exhibit forms shall be issued by the 
Commissioner. (Copies of the forms may be obtained from the Plant 
Variety Protection Office, Science and Technology Division, AMS, USDA, 
room 500, National Agricultural Library Building, Beltsville, Maryland 
20705.)
    (d) Effective the date of these regulations and rules of practice, 
the signature of the applicant, or his or her agent or attorney on any 
affidavit or other statement filed pursuant to these regulations and 
rules constitutes a certification by the applicant. The signature 
certifies that all information relied on in any affidavit or statement 
filed in the course of the proceeding is knowingly correct and false 
claims have not been made to mislead.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]



Sec.  97.6  Application for certificate.

    (a) An application for a plant variety protection certificate shall 
be signed by, or on behalf, of the applicant.
    (b) The application shall state the full name, including the full 
first name and the middle initial or name, if any, and the capacity of 
the person executing it.
    (c) The fees for filing an application, and search or examination, 
shall be submitted with the application in accordance with Sec. Sec.  
97.175 through 97.178.
    (d) The applicant shall submit with the application:
    (1) At least 2,500 seeds of the viable basic seed required to 
reproduce the variety;
    (2) With the application for a tuber propagated variety, 
verification that a viable cell culture has been deposited in a public 
depository approved by the Commissioner and will be maintained for the 
duration of the certificate; or
    (3) With the application for a hybrid from self-incompatible 
parents, verification that a plot of vegetative material for each parent 
has been established in a public depository approved by the Commissioner 
and will be maintained for the duration of the certificate.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]



Sec.  97.7  [Reserved]



Sec.  97.8  Specimen requirements.

    (a) The applicant may be required by the examiner to furnish 
representative specimens of the variety, or its flower, fruit, or seeds, 
in a quantity and at a specified stage of growth, as may be necessary to 
verify the statements in the application. Such specimens shall be packed 
and forwarded in conformity with instructions furnished by the examiner. 
If the applicant requests the examiner to inspect plants in the field 
before a final decision is made, all such inspection costs shall be 
borne by the applicant by payment of fees sufficient to reimburse the 
Office for all costs, including travel, per diem or subsistence, and 
salary.
    (b) Plant specimens submitted in support of an application shall not 
be removed from the Office except by an employee of the Office or other 
person authorized by the Secretary.
    (c) Plant specimens submitted to the Office shall, except as 
provided below, and upon request, be returned to the

[[Page 262]]

applicant at his or her expense after the specimens have served their 
intended purpose. The Commissioner, upon a finding of good cause, may 
require that certain specimens be retained in the Office for indefinite 
periods of time. Specimens which are not returned or not retained as 
provided above shall be destroyed.



Sec.  97.9  Drawings and photographs.

    (a) Drawings or photographs submitted with an application shall 
disclose the distinctive characteristics of the variety.
    (b) Drawings or photographs shall be in color when color is a 
distinguishing characteristic of the variety, and the color shall be 
described by use of Nickerson's or other recognized color chart.
    (c) Drawings should be sent flat, or may be sent in a suitable 
mailing tube, in accordance with instructions furnished by the 
Commissioner.
    (d) Drawings or photographs submitted with an application shall be 
retained by the Office as part of the application file.



Sec.  97.10  Parts of an application to be filed together.

    All parts of an application, including exhibits, should be submitted 
to the Office together, otherwise, each part shall be accurately and 
clearly referenced to the application.



Sec.  97.11  Application accepted and filed when received.

    (a) An application, if materially complete when initially submitted, 
shall be accepted and filed to await examination.
    (b) If any part of an application is so incomplete, or so defective 
that it cannot be handled as a completed application for examination, as 
determined by the Commissioner, the applicant will be notified. The 
application will be held a maximum of 3 months for completion. 
Applications not completed at the end of the prescribed period will be 
considered abandoned. The application fee in such cases will not be 
refunded.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.12  Number and filing date of an application.

    (a) Applications shall be numbered and dated in sequence in the 
order received in the Office. Applicants will be informed in writing as 
soon as practicable of the number and effective filing date of the 
application.
    (b) An applicant may claim the benefit of the filing date of a prior 
foreign application in accordance with section 55 of the Act. A 
certified copy of the foreign application shall be filed upon request 
made by the examiner. If a foreign application is not in the English 
language, an English translation, certified as accurate by a sworn or 
official translator, shall be submitted with the application.



Sec.  97.13  When the owner is deceased or legally incapacitated.

    In case of the death of the owner or if the owner is legally 
incapacitated, the legal representative (executor, administrator, or 
guardian) or heir or assignee of the deceased owner may sign as the 
applicant. If an applicant dies between the filing of his or her 
application and the granting of a certificate thereon, the certificate 
may be issued to the legal representative, heir, or assignee, upon 
proper intervention.



Sec.  97.14  Joint applicants.

    (a) Joint owners shall file a joint application by signing as joint 
applicants.
    (b) If an application for certificate is made by two or more persons 
as joint owners, when they were not in fact joint owners, the 
application shall be amended prior to issuance of a certificate by 
filing a corrected application, together with a written explanation 
signed by the original applicants. Such statement shall also be signed 
by the assignee, if any.
    (c) If an application has been made by less than all the actual 
joint owners, the application shall be amended by filing a corrected 
application, together with a written explanation, signed by all of the 
joint owners. Such statement shall also be signed by the assignee, if 
any.
    (d) If a joint owner refuses to join in an application or cannot be 
found after diligent effort, the remaining owner

[[Page 263]]

may file an application on behalf of him or herself and the missing 
owner. Such application shall be accompanied by a written explanation 
and shall state the last known address of the missing owner. Notice of 
the filing of the application shall be forwarded by the Office to the 
missing owner at the last known address. If such notice is returned to 
the Office undelivered, or if the address of the missing owner is 
unknown, notice of the filing of the application shall be published once 
in the Official Journal. Prior to the issuance of the certificate, a 
missing owner may join in an application by filing a written 
explanation. A certificate obtained by less than all of the joint owners 
under this paragraph conveys the same rights and privileges to said 
owners as though all of the original owners had joined in an 
application.



Sec.  97.15  Assigned varieties and certificates.

    In case the whole or a part interest in a variety is assigned, the 
application shall be made by the owner or one of the persons identified 
in Sec.  97.13. However, the certificate may be issued to the assignee, 
or jointly to the owner and the assignee, when a part interest in a 
variety is assigned.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.16  Amendment by applicant.

    An application may be amended before or after the first examination 
and action by the Office, after the second or subsequent examination or 
reconsideration as specified in Sec.  97.107, or when and as 
specifically required by the examiner. Such amendment may include a 
specification that seed of the variety be sold by variety name only as a 
class of certified seed, if not previously specified or if previously 
declined. Once an affirmative specification is made, no amendment to 
reverse such a specification will be permitted unless the variety has 
not been sold and labeled or publication made in any manner that the 
variety is to be sold by variety name, only as a class of certified 
seed.



Sec.  97.17  Papers of completed application to be retained.

    The papers submitted with a completed application shall be retained 
by the Office except as provided in Sec.  97.23(c). After issuance of a 
certificate of protection the Office will furnish copies of the 
application and related papers to any person upon payment of the 
specified fee.



Sec.  97.18  Applications handled in confidence.

    (a) Pending applications shall be handled in confidence. Except as 
provided below, no information may be given by the Office respecting the 
filing of an application, the pendency of any particular application, or 
the subject matter of any particular application. Also, nor will access 
be given to or copies furnished of any pending application or papers 
relating thereto, without written authority of the applicant, or his or 
her assignee or attorney or agent. Exceptions to the above may be made 
by the Commissioner in accordance with 5 U.S.C. 552 and Sec.  1.4 of 
this title, and upon a finding that such action is necessary to the 
proper conduct of the affairs of the Office, or to carry out the 
provisions of any Act of Congress, or as provided in sections 56 or 57 
of the Act and Sec.  97.19.
    (b) Abandoned applications shall not be open to public inspection. 
However, if an abandoned application is directly referred to in an 
issued certificate and is available, it may be inspected or copies 
obtained by any person on written request, and with written authority 
received from the applicant. Abandoned applications shall not be 
returned.
    (c) Decisions of the Commissioner on abandoned applications not 
otherwise open to public inspection (see paragraph (b) of this section) 
may be published or made available for publication at the Commissioner's 
discretion. When it is proposed to release such a decision, the 
applicant shall be notified directly or through the attorney or agent of 
record, and a time, not less than 30 days, shall be set for presenting 
objections.

[[Page 264]]



Sec.  97.19  Publication of pending applications.

    Information relating to pending applications shall be published in 
the Official Journal periodically as determined by the Commissioner to 
be necessary in the public interest. With respect to each application, 
the Official Journal shall show:
    (a) Application number and date of filing;
    (b) The name of the variety or temporary designation;
    (c) The name of the kind of seed; and
    (d) Whether the applicant specified that the variety is to be sold 
by variety name only as a class of certified seed, together with a 
limitation in the number of generations that it can be certified.

Additional information, such as the name and address of the applicant or 
a brief description of the distinctive features of the variety, may be 
published only upon request or approval received from the applicant, at 
the time the application is filed or at any time before the notice of 
allowance of a certificate is issued.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]



Sec.  97.20  Abandonment for failure to respond within the time limit.

    (a) Except as otherwise provided in Sec.  97.104, if an applicant 
fails to advance actively his or her application within 30 days after 
the date when the last request for action was mailed to the applicant by 
the Office, or within such longer time as may be fixed by the 
Commissioner, the application shall be deemed abandoned. The application 
fee in such cases will not be refunded.
    (b) The submission of an amendment to the application, not 
responsive to the last request by the Office for action, and any 
proceedings relative thereto, shall not operate to save the application 
from abandonment.
    (c) When the applicant makes a bona fide attempt to advance the 
application, and is in substantial compliance with the request for 
action, but has inadvertently failed to comply with some procedural 
requirement, opportunity to comply with the procedural requirement shall 
be given to the applicant before the application shall be deemed 
abandoned. The Commissioner may set a period, not less than 30 days, to 
correct any deficiency in the application.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.21  Extension of time for a reply.

    The time for reply by an applicant to a request by the Office for 
certain action, shall be extended by the Commissioner only for good and 
sufficient cause, and for a specified reasonable time. A request for 
extension and appropriate fee shall be filed on or before the specified 
time for reply. In no case shall the mere filing of a request for 
extension require the granting of an extension or state the time for 
reply.

[58 FR 42435, Aug. 9, 1993, as amended at 61 FR 248, Jan. 4, 1996]



Sec.  97.22  Revival of an application abandoned for failure to reply.

    An application abandoned for failure on the part of the applicant to 
advance actively his or her application to its completion, in accordance 
with the regulations in this part, may be revived as a pending 
application within 3 months of such abandonment, upon a finding by the 
Commissioner that the failure was inadvertent or unavoidable and without 
fraudulent intent. A request to revive an abandoned application shall be 
accompanied by a written statement showing the cause of the failure to 
respond, a response to the last request for action, and by the specified 
fee.



Sec.  97.23  Voluntary withdrawal and abandonment of an application.

    (a) An application may be voluntarily withdrawn or abandoned by 
submitting to the Office a written request for withdrawal or 
abandonment, signed by the applicant or his or her attorney or agent of 
record, if any, or the assignee of record, if any.
    (b) An application which has been voluntarily abandoned may be 
revived within 3 months of such abandonment by the payment of the 
prescribed fee and a showing that the abandonment occurred without 
fraudulent intent.

[[Page 265]]

    (c) An original application which has been voluntarily withdrawn 
shall be returned to the applicant and may be reconsidered only by 
refiling and payment of a new application fee.
    (d) Transitional provision. An applicant whose application is 
pending on April 4, 1995, may notify the Plant Variety Protection Office 
in writing that he or she wishes to withdraw the application and refile 
it under the Plant Variety Protection Act as amended in 1994. Payment of 
the current application fee is required but no other formalities are 
necessary.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.24  Assignee.

    The assignee of record of the entire interest in an application is 
entitled to advance actively or abandon the application to the exclusion 
of the applicant.

                  Examinations, Allowances, and Denials



Sec.  97.100  Examination of applications.

    (a) [Reserved]
    (b) Examinations of applications shall include a review of all 
available documents, publications, or other material relating to 
varieties of the species involved in the application, except that if 
there are fundamental defects in the application, as determined by the 
examiner, the examination may be limited to an identification of such 
defects and notification to the applicant of needed corrective action. 
However, matters of form or procedure need not, but may, be raised by an 
examiner until a variety is found to be new, distinct, uniform, and 
stable and entitled to protection.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.101  Notice of allowance.

    If, on examination, it shall appear that the applicant is entitled 
to a certificate, a notice of allowance shall be sent to the applicant 
or his or her attorney or agent of record, if any, calling for the 
payment of the prescribed fee, which fee shall be paid within 1 month 
from the date of the notice of allowance. Thereafter, a fee for delayed 
payment shall be made as required under Sec.  97.175.



Sec.  97.102  Amendments after allowance.

    Amendments to the application, after the notice of allowance is 
issued, may be made, if the certificate has not been issued.



Sec.  97.103  Issuance of a certificate.

    (a) After the notice of allowance has been issued, the prescribed 
fee is received by the Office, and the applicant has clearly specified 
whether or not the variety shall be sold by variety name only as a class 
of certified seed, the certificate shall be promptly issued. Once an 
election is made and a certificate issued specifying that seed of the 
variety shall be sold by variety name only as a class of certified seed, 
no waiver of such rights shall be permitted by amendment of the 
certificate.
    (b) The certificate shall be delivered or mailed to the owner.



Sec.  97.104  Application or certificate abandoned.

    (a) Except as provided in paragraph (c) of this section, if the fee 
specified in the notice of allowance is not paid within 1 month from the 
date of the notice, the application shall be considered abandoned.
    (b) Upon request by the Office, the owner shall replenish the viable 
basic seed sample of the variety. Upon request, the sample of seed which 
has been replaced shall be returned to the owner, otherwise it shall be 
destroyed. Failure to replenish viable basic seed within 3 months from 
the date of request shall result in the certificate being regarded as 
abandoned. No sooner than 1 year after the date of such request, notices 
of abandoned certificates shall be published in the Official Journal, 
indicating that the variety has become open for use by the public and, 
if previously specified to be sold by variety name as ``certified seed 
only,'' that such restriction no longer applies.
    (c) If the allowance fee, the viable basic seed sample or the fee 
for delayed payment are submitted within 9 months of the final due date, 
it may be accepted by the Commissioner as

[[Page 266]]

though no abandonment had occurred. For good cause, the Commissioner may 
extend for a reasonable time the period for submitting a viable basic 
seed sample before declaring the certificate abandoned.
    (d) A certificate may be voluntarily abandoned by the applicant or 
his or her attorney or agent of record or the assignee of record by 
notifying the Commissioner in writing. Upon receipt of such notice, the 
Commissioner shall publish a notice in the Official Journal that the 
variety has become open for use by the public, and if previously 
specified to be sold by variety name as ``certified seed only,'' that 
such restriction no longer applies.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.105  Denial of an application.

    (a) If the variety is found by the examiner to be not new, distinct, 
uniform, and stable, the application shall be denied.
    (b) In denying an application, the examiner shall cite the reasons 
the application was denied. When a reason involves the citation of 
certain material which is complex, the particular part of the material 
relied on shall be designated as nearly as practicable. The pertinence 
of each reason, if not obvious, shall be clearly explained.
    (c) If prior domestic certificates are cited as a reason for denial, 
their numbers and dates and the names of the owners shall be stated. If 
prior foreign certificates or rights are cited, as a reason for denial, 
their nationality or country, numbers and dates, and the names of the 
owners shall be stated, and such other data shall be furnished, as may 
be necessary to enable the applicant to identify the cited certificates 
or rights.
    (d) If printed publications are cited as a reason for denial, the 
author (if any), title, date, pages or plates, and places of 
publication, or place where a copy can be found shall be given.
    (e) When a denial is based on facts known to the examiner, and upon 
request by the applicant, the denial shall be supported by the affidavit 
of the examiner. Such affidavit shall be subject to contradiction or 
explanation by the affidavits of the applicant and other persons.
    (f) Abandoned applications may not be cited as reasons for denial.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]



Sec.  97.106  Reply by applicant; request for reconsideration.

    (a) After an adverse action by the examiner, the applicant may 
respond to the denial and may request a reconsideration, with or without 
amendment of his or her application. Any amendment shall be responsive 
to the reason or reasons for denial specified by the examiner.
    (b) To obtain a reconsideration, the applicant shall submit a 
request for reconsideration in writing and shall specifically point out 
the alleged errors in the examiner's action. The applicant shall respond 
to each reason cited by the examiner as the basis for the adverse 
action. A request for reconsideration of a denial based on a faulty form 
or procedure may be held in abeyance by the Commissioner until the 
question of the variety being new, distinct, uniform, and stable is 
settled.
    (c) An applicant's request for a reconsideration must be a bona fide 
attempt to advance the case to final action. A general allegation by the 
applicant that certain language which he or she cites in the application 
or amendment thereto establishes the variety is new, distinct, uniform, 
and stable without specifically explaining how the language 
distinguishes the alleged new, distinct, uniform, and stable variety 
from the material cited by the examiner shall not be grounds for a 
reconsideration.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]



Sec.  97.107  Reconsideration and final action.

    If, upon reconsideration, the application is denied by the 
Commissioner, the applicant shall be notified by the Commissioner of the 
reason or reasons for denial in the same manner as after the first 
examination. Any such denial shall be final unless appealed by the 
applicant to the Secretary within 60 days from the date of denial, in 
accordance with Sec. Sec.  97.300-97.303. If the denial

[[Page 267]]

is sustained by the Secretary on appeal, the denial shall be final 
subject to appeal to the courts, as provided in Sec.  97.500.



Sec.  97.108  Amendments after final action.

    (a) After a final denial by the Commissioner, amendments to the 
application may be made to overcome the reason or reasons for denial. 
The acceptance or refusal of any such amendment by the Office and any 
proceedings relative thereto shall not relieve the applicant from the 
time limit set for an appeal or an abandonment for failure to reply.
    (b) No amendment of the application can be made in an appeal 
proceeding. After decision on appeal, amendments can only be made to 
carry into effect a recommendation under Sec.  97.302(b).

                   Correction of Errors in Certificate



Sec.  97.120  Corrected certificate--office mistake.

    When a certificate is incorrect because of a mistake in the Office, 
the Commissioner may issue a corrected certificate stating the fact and 
nature of such mistake, under seal, without charge, to be issued to the 
owner and recorded in the records at the Office.



Sec.  97.121  Corrected certificate--applicant's mistake.

    When a certificate is incorrect because of a mistake by the 
applicant of a clerical or typographical nature, or of minor character, 
or in the description of the variety (including, but not limited to, the 
use of a misleading variety name or a name assigned to a different 
variety of the same species), and the mistake is found by the 
Commissioner to have occurred in good faith and does not require a 
further examination, the Commissioner may, upon payment of the required 
fee and return of the original certificate, correct the certificate by 
issuing a corrected certificate, in accordance with section 85 of the 
Act. If the mistake requires a reexamination, a correction of the 
certificate shall be dependent on the results of the reexamination.

                        Reissuance of Certificate



Sec.  97.122  Certified seed only election.

    When an owner elects after a certificate is issued to sell the 
protected variety by variety name only as a class of certified seed, a 
new certificate may be issued upon return of the original certificate to 
the Office and payment of the appropriate fee.

                        Assignments and Recording



Sec.  97.130  Recording of assignments.

    (a) Any assignment of an application for a certificate, or of a 
certificate of plant variety protection, or of any interest in a 
variety, or any license or grant and conveyance of any right to use of 
the variety, may be submitted for recording in the Office in accordance 
with section 101 of the Act (7 U.S.C. 2531).
    (b) No instrument shall be recorded which is not in the English 
language or which does not identify the certificate or application to 
which it relates.
    (c) An instrument relating to title of a certificate shall identify 
the certificate by number and date, the name of the owner, and the name 
of the variety as stated in the certificate. An instrument relating to 
title of an application shall identify an application by number and date 
of filing, the name of the owner, and the name of the variety as stated 
in the application.
    (d) If an assignment is executed concurrently or subsequent to the 
filing of an application, but before its number and filing date are 
ascertained, the assignment shall identify the application by the date 
of the application, the name of the owner, and the name of the variety.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]



Sec.  97.131  Conditional assignments.

    Assignments recorded in the Office are regarded as absolute 
assignments for Office purposes until canceled in writing by both 
parties to the assignment or by a decree of a court of competent 
jurisdiction. The Office shall not determine whether conditions 
precedent to the assignment, such as the payment of money, have been 
fulfilled.

[[Page 268]]



Sec.  97.132  Assignment records open to public inspection.

    (a) Assignment records relating to original or amended certificates 
shall be open to public inspection and copies of any recorded document 
may be obtained upon payment of the prescribed fee.
    (b) Assignment records relating to any pending or abandoned 
application shall not be available for inspection except to the extent 
that pending applications are published as provided in section 57 of the 
Act and Sec.  97.19, or where necessary to carry out the provisions of 
any Act of Congress. Copies of assignment records and information on 
pending or abandoned applications shall be obtainable only upon written 
authority of the applicant or his or her assignee, or attorney or agent 
of record, or where necessary to carry out the provisions of any Act of 
Congress. An order for a copy of an assignment shall give the proper 
identification of the assignment.

                     Marking or Labeling Provisions



Sec.  97.140  After filing.

    Upon filing an application for protection of a variety and payment 
of the prescribed fee, the owner, or his or her designee, may label the 
variety or containers of the seed of the variety or plants produced from 
such seed, substantially as follows: ``Unauthorized Propagation 
Prohibited--(Unauthorized Seed Multiplication Prohibited)--U.S. Variety 
Protection Applied For.'' Where applicable, ``PVPA 1994'' or ``PVPA 
1994--Unauthorized Sales for Reproductive Purposes Prohibited'' may be 
added to the notice.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]



Sec.  97.141  After issuance.

    Upon issuance of a certificate, the owner of the variety, or his or 
her designee, may label the variety or containers of the seed of the 
variety or plants produced from such seed substantially as follows: 
``Unauthorized Propagation Prohibited--(Unauthorized Seed Multiplication 
Prohibited)--U.S. Protected Variety.'' Where applicable, ``PVPA 1994'' 
or ``PVPA 1994--Unauthorized Sales for Reproductive Purposes 
Prohibited'' may be added to the notice.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995; 61 
FR 248, Jan. 4, 1996]



Sec.  97.142  For testing or increase.

    An owner who contemplates filing an application and releases for 
testing or increase, seed of the variety or reproducible plant material 
of the variety, may label such plant material or containers of the seed 
or plant material substantially as follows: ``Unauthorized Propagation 
Prohibited--For Testing (or Increase) Only.''

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]



Sec.  97.143  Certified seed only.

    (a) Upon filing an application, or amendment thereto, specifying 
seed of the variety is to be sold by variety name only as a class of 
certified seed, the owner, or his or her designee, may label containers 
of seed of the variety substantially as follows: ``Unauthorized 
Propagation Prohibited--U.S. Variety Protection Applied for Specifying 
That Seed of This Variety Is To Be Sold By Variety Name Only as a Class 
of Certified Seed.''
    (b) An owner who has received a certificate specifying that a 
variety is to be sold by variety name only, as a class of certified 
seed, may label containers of the seed of the variety substantially as 
follows: ``Unauthorized Propagation Prohibited--To Be Sold By Variety 
Name Only as a Class of Certified Seed --U.S. Protected Variety.''



Sec.  97.144  Additional marking or labeling.

    Additional clarifying information that is not false or misleading 
may be used by the owner, in addition to the above markings or labeling.

                          Attorneys and Agents



Sec.  97.150  Right to be represented.

    An applicant may actively advance an application or may be 
represented by an attorney or agent authorized in writing.

[[Page 269]]



Sec.  97.151  Authorization.

    Only attorneys or agents specified by the applicant shall be allowed 
to inspect papers or take action of any kind, on behalf of the 
applicant, in any pending application or proceedings.



Sec.  97.152  Revocation of authorization; withdrawal.

    An authorization of an attorney or agent may be revoked by an 
applicant at any time, and an attorney or agent may withdraw, upon 
application to the Commissioner. When the authorization is so revoked, 
or the attorney or agent has so withdrawn, the Office shall inform the 
interested parties and shall thereafter communicate directly with the 
applicant, or with such other attorney or agent as the applicant may 
appoint. An assignment will not of itself operate as a revocation of 
authorization previously given, but the assignee of the entire interest 
may revoke previous authorizations and be represented by an attorney or 
agent of his or her own selection.



Sec.  97.153  Persons recognized.

    Unless specifically authorized as provided in Sec.  97.151, no 
person shall be permitted to file or advance applications before the 
Office on behalf of another person.



Sec.  97.154  Government employees.

    Officers and employees of the United States who are disqualified by 
statute (18 U.S.C. 203 and 205) from practicing as attorneys or agents 
in proceedings or other matters before government departments or 
agencies, shall not be eligible to represent applicants, except officers 
and employees whose official duties require the preparation and 
prosecution of applications for certificates of variety protection.



Sec.  97.155  Signatures.

    Every document filed by an attorney or agent representing an 
applicant or party to a proceeding in the Office shall bear the 
signature of such attorney or agent, except documents which are required 
to be signed by the applicant or party.



Sec.  97.156  Addresses.

    Attorneys and agents practicing before the Plant Variety Protection 
Office shall notify the Office in writing of any change of address. The 
Office shall address letters to any person at the last address received.



Sec.  97.157  Professional conduct.

    Attorneys and agents appearing before the Office shall conform to 
the standards of ethical and professional conduct, generally applicable 
to attorneys appearing before the courts of the United States.



Sec.  97.158  Advertising.

    (a) The use of advertising, circulars, letters, cards, and similar 
material to solicit plant variety protection business, directly or 
indirectly, is forbidden as unprofessional conduct, and any person 
engaging in such solicitation, or associated with or employed by others 
who so solicit, shall be refused recognition to practice before the 
Office or may be suspended, excluded, or disbarred from further practice 
before the Office.
    (b) The use of simple professional letterheads, calling cards, or 
office signs, simple announcements necessitated by opening an office, 
change of association, or change of address, distributed to clients and 
friends and insertion of listings in common form (not display) in a 
classified telephone or city directory, and listings and professional 
cards with biographical data in standard professional directories, shall 
not be considered a violation of this section.

                            Fees and Charges



Sec.  97.175  Fees and charges.

    The following fees and charges apply to the services and actions 
specified in this section:
    (a) Filing the application and notifying the public of filing--
$432.00.
    (b) Search or examination--$3,220.00.
    (c) Allowance and issuance of certificate and notifying public of 
issuance--$432.00.
    (d) Revive an abandoned application--$432.00.
    (e) Reproduction of records, drawings, certificates, exhibits, or 
pointed

[[Page 270]]

material (copy per page of material)--$1.50.
    (f) Authentication (each page)--$1.50.
    (g) Correcting or re-issuance of a certificate--$432.00.
    (h) Recording assignments (per certificate/application)--$38.00.
    (i) Copies of 8 x 10 photographs in color--$38.00
    (J) Additional fee for reconsideration--$432.00.
    (k) Additional fee for late payment--$38.00.
    (l) Additional fee for late replenishment of seed--$38.00.
    (m) Appeal to Secretary (refundable if appeal overturns the 
Commissioner's decision)--$4,118.00.
    (n) Granting of extensions for responding to a request--$74.00.
    (o) Field inspections by a representative of the Plant Variety 
Protection Office, made at the request of the applicant, shall be 
reimbursable in full (including travel, per diem or subsistence, and 
salary) in accordance with Standardized Government Travel Regulation.
    (p) Any other service not covered in this section will be charged 
for at rates prescribed by the Commissioner, but in no event shall they 
exceed $89.00 per employee-hour.

[68 FR 1360, Jan. 10, 2003]

[65 FR 47244, Aug. 2, 2000]



Sec.  97.176  Fees payable in advance.

    Fees and charges shall be paid at the time of making application or 
at the time of submitting a request for any action by the Office for 
which a fee or charge is payable and established in this part.



Sec.  97.177  Method of payment.

    Checks or money orders shall be made payable to the Treasurer of the 
United States. Remittances from foreign countries must be payable and 
immediately negotiable in the United States for the full amount of the 
prescribed fee. Money sent by mail to the Office shall be sent at the 
sender's risk.



Sec.  97.178  Refunds.

    Money paid by mistake or excess payments shall be refunded, but a 
mere change of plans after the payment of money, as when a party decides 
to withdraw an application or to withdraw an appeal, shall not entitle a 
party to a refund. However, the examination or search fee shall be 
refunded if an application is voluntarily abandoned pursuant to Sec.  
97.23(a) before a search or examination has begun. Amounts of $1 or less 
shall not be refunded unless specifically demanded.



Sec.  97.179  Copies and certified copies.

    (a) Upon request, copies of applications, certificates, or of any 
records, books, papers, drawings, or photographs in the custody of the 
Office and which are open to the public, will be furnished to persons 
entitled thereto, upon payment of the prescribed fee.
    (b) Upon request, copies will be authenticated by imprint of the 
seal of the Office and certified by the official, authorized by the 
Commissioner upon payment of the prescribed fee.

                     Availability of Office Records



Sec.  97.190  When open records are available.

    Copies of records, which are open to the public and in the custody 
of the Office, may be examined in the Office during regular business 
hours upon approval by the Commissioner.

                           Protest Proceedings



Sec.  97.200  Protests to the grant of a certificate.

    Opposition on the part of any person to the granting of a 
certificate shall be permitted while an application is pending and for a 
period not to exceed 5 years following the issuance of a certificate.



Sec.  97.201  Protest proceedings.

    (a) Opposition shall be made by submitting in writing a petition for 
protest proceedings, which petition shall be supported by affidavits and 
shall show the reason or reasons for opposing the application or 
certificate. The petition and accompanying papers shall be filed in 
duplicate. If it appears to an examiner that a variety involved in a 
pending application or covered by a certificate may not be or may not 
have been entitled to protection under

[[Page 271]]

the Act, a protest proceeding may be permitted by the Commissioner.
    (b) One copy of the petition and accompanying papers shall be served 
by the Office upon the applicant or owner, or his or her attorney or 
agent of record.
    (c) An answer, by the applicant or owner of the certificate, or his 
or her assignee, in response to the petition, may be filed with the 
Commissioner within 60 days after service of the petition, upon such 
person. If no answer is filed within said period, the Commissioner shall 
decide the matter on the basis of the allegations set forth in the 
petition.
    (d) If the petition and answer raise any issue of fact needing 
proof, the Commissioner shall afford each of the parties a period of 60 
days in which to file sworn statements or affidavits in support of their 
respective positions.
    (e) As soon as practicable after the petition or the petition and 
answer are filed, or after the expiration of any period for filing sworn 
statements or affidavits, the Commissioner shall issue a decision as to 
whether the protests are upheld or denied. The Commissioner may, 
following the protest proceeding, cancel any certificate issued and may 
grant another certificate for the same variety to a person who proves to 
the satisfaction of the Commissioner, that he or she is the breeder or 
discoverer. The decision shall be served upon the parties in the manner 
provided in Sec.  97.403.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]

                           Priority Contest\2\
---------------------------------------------------------------------------

    \2\ All provisions relating to priority contests apply only to 
varieties protected under the Act as it was in force prior to April 4, 
1995.
---------------------------------------------------------------------------



Sec.  97.205  Definition; when declared.

    A priority contest may be instituted by the Secretary, on his or her 
own motion, or upon the request of any person who has applied for 
protection on the same variety, for which an adverse certificate has 
been issued, for the purpose of determining the question of priority 
between two or more parties claiming development or discovery of the 
same novel variety; Provided, however, That any person shall have 
forfeited his or her right to assert priority when an adverse 
certificate has been issued, if he or she fails to make a request for 
the institution of a priority contest within 1 year of the publication 
in the Official Journal of issuance of the adverse certificate by the 
Secretary, or if he or she fails to make the request within the period 
for taking action after refusal of the application on the basis of the 
adverse certificate.



Sec.  97.206  Preparation for priority contest between applicants.

    (a) Before a priority contest will be handled by the Office, an 
examiner must determine that the same novel variety is involved in 
separate applications filed by two or more parties and apparently 
certifiable to each of the parties, subject to the determination of the 
question of priority.
    (b) The fact that a certificate has been issued will not prevent a 
priority contest.



Sec.  97.207  Preparation of priority papers and declaration of priority 
contest.

    (a) When a priority question is found to exist, the examiner shall 
forward the pertinent files to the Commissioner, together with a written 
statement showing the reason for the contest.
    (b) The Commissioner shall institute and declare the priority 
contest by forwarding a notice to each of the applicants involved. Each 
notice shall include the name and residence of each of the other 
applicants or those of his or her attorney or agent, if any, and of any 
assignee, and will identify the application of each opposing party by 
number and filing date, or in the case of a certificate, by the number 
and date of the certificate. The notice shall specify the basis of the 
priority contest. The notice shall specify a time, not to exceed 2 
months, for filing preliminary statements.
    (c) When a notice is returned to the Office undelivered, or when one 
of the parties resides abroad and his or her agent in the United States 
is unknown, notice may be given once by publication in the Official 
Journal.

[[Page 272]]



Sec.  97.208  Burden of proof.

    The parties to a priority contest will be presumed to have developed 
their varieties in the chronological order of the filing dates of their 
applications for certificates involved in the priority contest, and the 
burden of proof will rest upon the party who last filed an application.



Sec.  97.209  Preliminary statement on novel variety developed in the 
United States.

    (a) Each party to the priority contest is required to file on or 
before a date fixed by the Office, a concise preliminary statement 
giving the facts and dates relating to the development of his or her 
alleged novel variety. The preliminary statement must be signed by the 
owner; Provided, however, That in appropriate circumstances, as when the 
owner is dead or legally incapacitated, or a showing is made of 
inability to obtain a statement from the owner, the preliminary 
statement may be made by the assignee or by someone authorized or 
entitled to make the statement, having knowledge of the facts.
    (b) Preliminary statements shall be filed with the Office in 
duplicate. A copy shall be forwarded to each opposing party by the 
Office as soon as practicable after both parties have filed their 
statements within the requisite period.
    (c) In filing a preliminary statement each party must show the 
following information:
    (1) The date upon which the first determination of the novel variety 
was made.
    (2) The date upon which the first written description of the novel 
variety was made. If a written description of the novel variety has not 
been made prior to the filing date of the application, it must be so 
stated.
    (3) The date of the first act or acts susceptible of proof (other 
than making a written description or disclosing the novel variety to 
another person), which, if proven, would establish determination of the 
novel variety, and a brief description of such act or acts. If there 
have been no such acts, it must be so stated.
    (4) The date of the actual production of the novel variety. If the 
novel variety had not been actually produced before the filing date of 
the application, it must be so stated.
    (d) When an allegation as to the first written description 
(paragraph (c)(2) of this section) is made, a copy of such written 
description shall be attached to the statement.
    (e) If a party intends to rely on a prior application, domestic or 
foreign, the preliminary statement shall clearly identify such prior 
application. Copies of the cited application and related documents will 
be served by the Office, upon all interested parties to the contest. In 
the case of an application filed in a foreign country, English 
translations shall be served to all interested parties by the party 
relying on the application filed in the foreign country.



Sec.  97.210  Preliminary statement on novel variety developed in a 
foreign country.

    When the novel variety was developed in a foreign country, the 
preliminary statement must show (a) the information specified in Sec.  
97.209 (c) through (e) and (b) whether, and if so, when and under what 
circumstances the novel variety was introduced into the United States by 
or on behalf of the party.



Sec.  97.211  Statements sealed before filing.

    The preliminary statement shall be submitted in a sealed envelope 
bearing the name of the party filing it and the number and title of the 
priority contest as shown on the notice issued by the Office. The 
envelope should be enclosed in an outer mailing envelope marked ``To Be 
Opened Only by the Commissioner.''



Sec.  97.212  Correction of a statement on motion.

    In case of material error arising through inadvertence or mistake, a 
preliminary statement may be corrected upon a satisfactory showing to 
the Commissioner that the correction is of material significance. 
Correction of the statement must be made as soon as practicable after 
the discovery of the error.

[[Page 273]]



Sec.  97.213  Failure to file statements.

    If any party to a priority contest fails to file a preliminary 
statement, he or she shall be restricted to his or her earliest 
effective filing date.



Sec.  97.214  Access to preliminary statements.

    The preliminary statements shall be open to the inspection of any 
party after the date set for the filing of preliminary statements (Sec.  
97.207(b)), but shall not be open to inspection prior to that time.



Sec.  97.215  Dissolution at the request of the Commissioner.

    If during a priority contest, information is submitted or found 
which, in the opinion of the Commissioner, may render the variety 
ineligible for a certificate, the priority contest may be suspended by 
the Commissioner and referred to an examiner for consideration of the 
matter. The parties will be notified of the reason for the suspension. 
Arguments of the parties regarding the suspension will be considered, if 
filed within 60 days of the notification. The suspension will then be 
continued, modified, or dismissed, in accordance with the determination 
by the Commissioner.



Sec.  97.216  Concession; abandonment.

    (a) An applicant or a certificate holder involved in a priority 
contest may, at any time, file a written concession of priority, or 
abandonment of the certificate, signed by him or her. Upon the filing of 
such an instrument by any party, the decision shall be rendered against 
the interested party by the Commissioner.
    (b) A concession of priority may not be made by an assignee of a 
part interest.



Sec.  97.217  Affidavits and exhibits.

    Affidavits and exhibits, including official records and any special 
matter contained in a printed publication, pertinent to the issue 
involved in the contest, may be introduced as evidence in a priority 
contest by any party to the contest. In the case of official records and 
printed publications, the party introducing the evidence shall specify 
the record or the printed publication, the page or pages to be used, 
indicate generally its relevancy, and submit to the Commissioner the 
record or authenticated copy, or the printed publication, or a copy. 
Copies of affidavits and exhibits, including any record or publication, 
shall be served by the Commissioner on each of the other interested 
parties.



Sec.  97.218  Matters considered in determining a priority.

    In determining priority, the Commissioner will consider only 
priority of development based on the evidence submitted. Questions of 
novelty generally will not be considered in the decision on priority. 
The Commissioner may refer proposed findings of fact, conclusions, and 
notice of priority to the Board for an advisory decision.



Sec.  97.219  Recommendation by the Commissioner.

    The Commissioner may, either before or concurrently with a decision 
on the question of priority, but independently of such decision, direct 
the attention of the examiner to any matter not relating to priority 
which may come to the Commissioner's attention, and which in his or her 
opinion establishes the fact that there has been an irregularity which 
amounts to a bar to the granting of a certificate to either of the 
parties. The Commissioner may suspend the priority contest and remand 
the case to the examiner for further consideration of the matters, to 
which attention has been directed.



Sec.  97.220  Decision by the Commissioner.

    (a) When a priority contest is concluded on the basis of preliminary 
statements, or proposed findings of fact, conclusions and notice of 
priority shall be issued by the Commissioner to the interested parties, 
giving them a specified period, not less than 30 days, to show cause why 
such proposed findings of fact, conclusions, and notice of priority 
should not be made final. Any response made during the specified period 
will be considered by the Commissioner. Additional affidavits or 
exhibits

[[Page 274]]

will not be considered, unless accompanied by a showing of good cause 
acceptable to the Commissioner. Thereafter, final findings of fact, 
conclusions, and notice of priority shall be issued by the Commissioner.
    (b) The decision shall be entered by the Commissioner against a 
party whose preliminary statement alleges a date of determination later 
than the filing date of the other party's application.



Sec.  97.221  Status of claims of defeated applicant.

    Whenever a final notice of priority has been issued by the 
Commissioner in a priority proceeding, and the time limit for an appeal 
from such decision has expired, the claim or claims constituting the 
issue of the priority stand finally disposed of without further action 
by the Commissioner.



Sec.  97.222  Second priority contest.

    A second priority contest between the same parties shall not be 
entertained by the Commissioner for the same novel variety.

                         Appeal to the Secretary



Sec.  97.300  Petition to the Secretary.

    (a) Petition may be made to the Secretary from any final action of 
the Commissioner denying an application or refusing to allow a 
certificate to be issued, or from any adverse decision of the 
Commissioner made under Sec. Sec.  97.18(c), 97.107, 97.201(e), and 
97.220.
    (b) Any such petition shall contain a statement of the facts 
involved and the point or points to be reviewed, and the actions 
requested.
    (c) A petition to the Secretary shall be filed in duplicate and 
accompanied by the prescribed fee (see Sec.  97.175).
    (d) Upon request, an opportunity to present data, views, and 
arguments orally, in an informal manner or in a formal hearing, shall be 
given to interested persons. If a formal hearing is requested, the 
proceeding shall be conducted in accordance with the Rules of Practice 
Governing Formal Adjudicatory Proceedings Instituted by the Secretary 
Under Various Statutes set forth in Sec. Sec.  1.130 through 1.151 of 
this title.
    (e) Except as otherwise provided in the rules in this part, any such 
petition not filed within 60 days from the action complained of shall be 
dismissed as untimely.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 8464, Feb. 14, 1995]



Sec.  97.301  Commissioner's answer.

    (a) The Commissioner may, within such time as may be directed by the 
Secretary, furnish a written statement to the Secretary in answer to the 
appellant's petition, including such explanation of the reasons for the 
action as may be necessary and supplying a copy to the appellant.
    (b) Within 20 days from the date of such answer, the appellant may 
file a reply statement directed only to such new points of argument as 
may be raised in the Commissioner's answer.



Sec.  97.302  Decision by the Secretary.

    (a) The Secretary, after receiving the advice of the Board, may 
affirm or reverse the decision of the Commissioner, in whole or in part.
    (b) Should the decision of the Secretary include an explicit 
statement that a certificate be allowed, based on an amended 
application, the applicant shall have the right to amend his or her 
application in conformity with such statement and such decision shall be 
binding on the Commissioner.



Sec.  97.303  Action following the decision.

    (a) Copies of the decision of the Secretary shall be served upon the 
appellant and the Commissioner in the manner provided in Sec.  97.403.
    (b) When an appeal petition is dismissed, or when the time for 
appeal to the courts pursuant to the Act has expired and no such appeal 
or civil action has been filed, proceedings in the appeal shall be 
considered terminated as of the dismissal or expiration date, except in 
those cases in which the nature of the decision requires further action 
by the Commissioner. If the decision of the Secretary is appealed or a 
civil action has been filed pursuant to the Act, the decision of the 
Secretary will be

[[Page 275]]

stayed pending the outcome of the court appeal or civil action.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]

     General Procedures in Priority, Protest, or Appeal Proceedings



Sec.  97.400  Extensions of time.

    Upon a showing of good cause, extensions of time not otherwise 
provided for may be granted by the Commissioner or, if an appeal has 
been filed by the Secretary for taking any action required in any 
priority, protest, or appeal proceeding.



Sec.  97.401  Miscellaneous provisions.

    (a) Petitions for reconsideration or modification of the decision of 
the Commissioner in priority or protest proceedings shall be filed 
within 20 days after the date of the decision.
    (b) The Commissioner may consider on petition any matter involving 
abuse of discretion in the exercise of an examiner's authority, or such 
other matters as may be deemed proper to consider. Any such petition, if 
not filed within 20 days from the decision complained of, may be 
dismissed as untimely.



Sec.  97.402  Service of papers.

    (a) Every paper required to be served on opposing parties and filed 
in the Office in any priority, protest, or appeal proceeding, must be 
served by the Secretary in the manner provided in Sec.  97.403.
    (b) The requirement in certain sections that a specified paper shall 
be served includes a requirement that all related supporting papers 
shall also be served. Proof of such service upon other parties to the 
proceeding must be made before the supporting papers will be considered 
by the Commissioner or Secretary.



Sec.  97.403  Manner of service.

    Service of any paper under this part must be on the attorney or 
agent of the party if there be such, or on the party if there is no 
attorney or agent, and may be made in any of the following ways:
    (a) By mailing a copy of the paper to the person served by certified 
mail, with the date of the return receipt controlling the date of 
service;
    (b) By leaving a copy at the usual place of business of the person 
served with someone in his or her employ;
    (c) When the person served has no usual place of business, by 
leaving a copy at his or her home with a member of the family over 14 
years of age and of discretion; and
    (d) Whenever it shall be found by the Commissioner or Secretary that 
none of the above modes of serving the paper is practicable, service may 
be by notice, published once in the Office Journal.

                      Review of Decisions by Court



Sec.  97.500  Appeal to U.S. Courts.

    Any applicant dissatisfied with the decision of the Secretary on 
appeal may appeal to the U.S. Court of Customs and Patent Appeals or the 
U.S. Courts of Appeals, or institute a civil action in the U.S. District 
Court as set forth in the Act. In such cases, the appellant or plaintiff 
shall give notice to the Secretary, state the reasons for appeal or 
civil action, and obtain a certified copy of the record. The certified 
copy of the record shall be forwarded to the Court by the Plant Variety 
Protection Office on order of, and at the expense of the appellant or 
plaintiff.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]

                      Cease and Desist Proceedings



Sec.  97.600  Rules of practice.

    Any proceedings instituted under section 128 of the Act for false 
marking shall be conducted in accordance with Sec. Sec.  202.10 through 
202.29 of this chapter (rules of practice under the Federal Seed Act) (7 
U.S.C. 1551 et seq.), except that all references in those rules and 
regulations to ``Examiner'' shall be construed to be an Administrative 
Law Judge, U.S. Department of Agriculture, and not an ``Examiner'' as 
defined in the regulations under the Plant Variety Protection Act.

[[Page 276]]

                         Public Use Declaration



Sec.  97.700  Public interest in wide usage.

    (a) If the Secretary has reason to believe that a protected variety 
should be declared open to use by the public in accordance with section 
44 of the Act, the Secretary shall give the owner of the variety 
appropriate notice and an opportunity to present views orally or in 
writing, with regard to the necessity for such action to be taken in the 
public interest.
    (b) Upon the expiration of the period for the presentation of views 
by the owner, as provided in paragraph (a) of this section, the 
Secretary shall refer the matter to the Plant Variety Protection Board 
for advice, including advice on any limitations or rate of remuneration.
    (c) Upon receiving the advice of the Plant Variety Protection Board, 
the Secretary shall advise the owner of the variety, the members of the 
Plant Variety Protection Board, and the public, by issuance of a press 
release, of any decision based on the provisions of section 44 of the 
Act to declare a variety open to use by the public. Any decision not to 
declare a variety open to use by the public will be transmitted only to 
the owner of the variety and the members of the Plant Variety Protection 
Board.

                               Publication



Sec.  97.800  Publication of public variety descriptions.

    Voluntary submissions of varietal descriptions of ``public 
varieties'' on forms obtainable from the Office will be accepted for 
publication in the Official Journal. Such publication shall not 
constitute recognition that the variety is, in fact, distinct, uniform, 
and stable.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]



Sec.  97.900  Form of official identification symbol.

    The symbol set forth in Figure 1, containing the words ``Plant 
Variety Protection Office'' and ``U.S. Department of Agriculture,'' 
shall be the official identification symbol of the Plant Variety 
Protection Office. This information symbol, used by the Plant Variety 
Protection Office on the seal on certificates of Plant Variety 
Protection, has been approved by the Office of Communications to be 
added to the USDA/AMS inventory of symbols. It is approved for use with 
AMS materials.

[[Page 277]]

[GRAPHIC] [TIFF OMITTED] TR02AU00.006


[65 FR 47244, Aug. 2, 2000]



PART 98_MEALS, READY-TO-EAT (MRE's), MEATS, AND MEAT PRODUCTS--Table 
of Contents




         Subpart A-MRE's, Meats, and Related Meat Food Products

Sec.
98.1 General.
98.2 Definitions.
98.3 Analyses performed and locations of laboratories.
98.4 Analytical methods.
98.5 Fees and charges.

    Subpart B_USDA Certification of Laboratories for the Testing of 
                         Trichinae in Horsemeat

98.100 General.
98.101 Definitions.
98.102-98.600 [Reserved]

    Authority: 7 U.S.C. 1622, 1624.

    Source: 58 FR 42445, Aug. 9, 1993, unless otherwise noted.



         Subpart A_MRE's, Meats, and Related Meat Food Products



Sec.  98.1  General.

    Analytical services of meat and meat food products are performed for 
fat, moisture, salt, protein, and other content specifications.



Sec.  98.2  Definitions.

    Words used in the regulations in this subpart in the singular form 
will import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this subpart, unless the context requires 
otherwise, the following terms will be construed to mean:
    Lard (Edible). The fat rendered from clean and sound edible tissues 
from swine.
    Meals, Ready-To-Eat (MRE). Meals, Ready-To-Eat are complete portions 
of one meal for one military person and are processed and packaged to 
destroy or retard the growth of spoilage-type microorganisms in order to 
extend product shelf life for 7 years. Composition analyses for MRE's 
are covered by the reimbursable agreement in the Memorandums of 
Understanding (MOU's) between AMS, USDA and the Defense Personnel 
Support Center, Department of Defense (DOD). These DOD, Defense 
Personnel Support Center (DPSC) contracts state certain

[[Page 278]]

military specifications for an acceptable one meal serving, retorted 
pouched or 18-24 serving hermetically-sealed tray packed meat, or meal 
product regarding satisfactory analyses for fat, salt, protein, moisture 
content, added stabilizer ingredient, and sometimes microbiological 
composition. MRE's are for use by the DOD, DPSC as a component of 
operational food rations, and as an item of general issue by the 
military.
    Meat. This includes the edible part of the muscle of any cattle, 
sheep, swine, or goats, 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, tendon, nerve, and blood 
vessels which normally accompany the muscle tissue, and which are not 
separated from it in the process of dressing. It does not include the 
muscle found in the lips, snout, or ears. This term, as applied to 
products of equines, shall have a meaning comparable to that provided in 
this paragraph with respect to cattle, sheep, swine, and goats.
    Meat food product. Any article capable for use as human food (other 
than meat, prepared meat, or a meat by-product), which is derived or 
prepared wholly or in substantial part from meat or other portion of the 
carcass of any cattle, sheep, swine, or goats. An article exempted from 
definition as a meat food product by the Administrator, such as an 
organotherapeutic substance, meat juice, meat extract, and the like, 
which is used only for medicinal purposes and is advertised solely to 
the medical profession is not included.
    Ready-to-eat. The term means consumers are likely to apply little or 
no additional heat to the fully-cooked and the fully-prepared food 
product before consumption.
    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.
    Tallow (Edible). The hard fat derived from USDA inspected and passed 
cattle, sheep, or goats.
    Titer. The measure of the hardness or softness of the tested 
material as determined by the solidification point of fatty acids and 
expressed in degrees centigrade ([deg]C).



Sec.  98.3  Analyses performed and locations of laboratories.

    (a) Tables 1 through 4 list the special laboratory analyses rendered 
by the Science and Technology as a result of an agreement with the 
Livestock and Seed Division. The payment for such laboratory services 
rendered at the request of an individual or third party served shall be 
reimbursed pursuant to the terms as specified in the cooperative 
agreement.

                       Table 1--Schedule Analysis
------------------------------------------------------------------------
                                                                Samples
               Identity                        Analyses          tested
------------------------------------------------------------------------
Schedule BC (Beef Chunks, Canned).....  Fat, salt............          1
Schedule BJ (Beef with Natural Juices,  Fat..................          1
 Canned).
Schedule CS (Canned Meatball Stew)....  Fat..................          3
Schedule GP (Frozen Ground Pork)......  Fat..................          4
Schedule PJ (Pork with Natural Juices,  Fat..................          1
 Canned).
Schedule RB (Beef for Reprocessing)...  Fat..................          4
Schedule RG (Beef Roasts and Ground     Fat..................          4
 Beef).
Schedule SB (Slab or Sliced Bacon)....  Moisture, fat, salt..          1
Schedule WS (Beef or Wafer Steaks)....  Fat..................          1
------------------------------------------------------------------------


                    Table 2--Microbiological Analysis
------------------------------------------------------------------------
                                                              Number of
                      Type of analysis                         samples
                                                                tested
------------------------------------------------------------------------
Psychrotrophic Bacterial Plate Count.......................            1
------------------------------------------------------------------------


[[Page 279]]


                      Table 3--Nonschedule Analysis
------------------------------------------------------------------------
                                                                Samples
               Identity                        Analyses          tested
------------------------------------------------------------------------
Fed Specification PP-B-2120B (Ground    Fat..................          4
 Beef Products).
Fed Specification PP-B-81J (Sliced      Fat, salt, moisture..          1
 Bacon).
Fed Specification PP-L-800E (Luncheon   Fat, salt............          1
 Meat, Canned).
Ground Beef or Ground Pork............  Fat..................          4
Ground Beef or Ground Pork............  Fat..................          1
Pork Sausage..........................  Fat, salt............          4
Pork Sausage..........................  Fat, moisture........          4
Pork Sausage..........................  Fat..................          4
Mil-P-44131A (Pork Steaks, Flaked,      Fat..................          4
 Formed, Breaded).
Milwaukee Public Schools (Breaded/      Fat..................          4
 Unbreaded Meat).
Chili Con Carne Without Beans.........  Fat..................          1
A-A-20047-B...........................  Fat, protein.........          3
A-A-20136.............................  salt.................          3
A-A-20148.............................  Fat, salt............          3
Mil-B-44133 (GL)......................  Fat, salt............          3
Mil-B-44158A..........................  Water activity.......          6
Mil-C-44253...........................  Fat, salt............          3
Mil-H-44159B (GL).....................  Fat, salt............          1
PP-F-02154 (Army GL)..................  Fat, salt, moisture..          1
------------------------------------------------------------------------


                    Table 4--Lard and Tallow Analysis
------------------------------------------------------------------------
                                                              Number of
                      Type of analysis                         samples
                                                                tested
------------------------------------------------------------------------
Fat Analysis Committee (FAC) Color.........................            1
Free Fatty Acids...........................................            1
Insoluble Impurities.......................................            1
Moisture and Volatile Matter...............................            1
Specific Gravity...........................................       4 to 6
Titer Test.................................................            1
Unsaponifiable Material....................................            1
------------------------------------------------------------------------

    (b) Meats, such as ground beef or ground pork, meat food products, 
and MRE's, not covered by an agreement with Livestock and Seed Division, 
are analyzed for fat, moisture, salt, sulfur dioxide, nitrites, 
sulfites, ascorbates, citric acid, protein, standard plate counts, and 
coliform counts, among other analyses. These food product analyses are 
performed at any one of the Science and Technology (S&T) field 
laboratories as follows:
    (1) USDA, AMS, Science and Technology, Midwestern Laboratory, 3570 
North Avondale Avenue, Chicago, IL 60618.
    (2) USDA, AMS, S&T Aflatoxin Laboratory, 107 South 4th Street, 
Madill, OK 73446.
    (3) USDA, AMS, S&T, Eastern Laboratory, 2311-B Aberdeen Boulevard, 
Gastonia, NC 28054.

[58 FR 42445, Aug. 9, 1993, as amended at 59 FR 24325, May 10, 1994; 59 
FR 50121, Sept. 30, 1994; 61 FR 51353, Oct. 2, 1996; 65 FR 64318, Oct. 
26, 2000]



Sec.  98.4  Analytical methods.

    (a) The majority of analytical methods used by the USDA laboratories 
to perform analyses of meat, meat food products and MRE's are listed as 
follows:
    (1) Official Methods of Analysis of AOAC INTERNATIONAL, Suite 500, 
481 North Frederick Avenue, Gaithersburg, MD 20877-2417.
    (2) U.S. Army Individual Protection Directorate's Military 
Specifications, approved analytical test methods noted therein, U.S. 
Army Natick Research, Development and Engineering Center, Kansas Street, 
Natick, MA 01760-5017.
    (b) Additional analytical methods for these foods will be used, from 
time to time, as approved by the Director.

[58 FR 42445, Aug. 9, 1993, as amended at 61 FR 51353, Oct. 2, 1996]



Sec.  98.5  Fees and charges.

    (a) The fee charged for any single laboratory analysis of meat, meat 
food products, and MRE's, not covered by an

[[Page 280]]

agreement with Livestock and Seed Division, is specified in the 
schedules of charges in paragraph (a) of Sec.  91.37 of this subchapter.
    (b) The laboratory analyses of meat, meat food products, and MRE's, 
not covered by a cooperative agreement, shall result in an additional 
fee, found in Table 7 of Sec.  91.37 of this subchapter, for sample 
preparation or grinding.
    (c) The charge for any requested laboratory analysis of meat, meat 
food products, and MRE's not listed shall be based on the standard 
hourly rate specified in Sec.  91.37, paragraph (b).



    Subpart B_USDA Certification of Laboratories for the Testing of 
                         Trichinae in Horsemeat



Sec.  98.100  General.

    A laboratory that has met the requirements for certification 
specified in this subpart shall receive an AMS Science and Technology 
certificate to approve its analysis for Trichinella spiralis in 
horsemeat. Certification would be granted to a qualified analyst or a 
laboratory based on having the proper training, facilities, and 
equipment. This AMS laboratory certification program will enable 
horsemeat exporters to comply with trichinae testing requirements of the 
European Community.

[58 FR 42445, Aug. 9, 1993, as amended at 61 FR 51353, Oct. 2, 1996; 65 
FR 64318, Oct. 26, 2000]



Sec.  98.101  Definitions.

    Words used in the regulations in this part in the singular form will 
import the plural, and vice versa, as the case may demand. As used 
throughout the regulations in this part, unless the context requires 
otherwise, the following terms will be construed to mean:
    European Community. The European Community (EC) consists of the 
initial 12 European countries and the updated and expanded membership of 
nations. The original EC members are Belgium, Britain, Denmark, France, 
Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal and 
Spain.
    Horsemeat. That U.S. inspected and passed clean, wholesome muscle 
tissue of horses, which is skeletal or which is found in the tongue, in 
the diaphragm, in the heart, or in the esophagus, with or without the 
accompanying and overlying fat and the portions of sinews, nerves, and 
blood vessels, which normally accompany the muscle tissue and which are 
not separated from it in the process of dressing.
    Trichinae. Round worms or nematodes of the genus Trichinella, which 
live as parasites in man, horses, rats, and other animals.
    Trichinella spiralis. A small parasitic nematode worm which lives in 
the flesh of various animals, including the horse. When such infected 
meat is inadequately cooked and eaten by man, the live worm multiplies 
within the body and the larvae burrow their way into the muscles, 
causing a disease referred to as trichinosis.



Sec. Sec.  98.102-98.600  [Reserved]

                         PARTS 99-109 [RESERVED]



PART 110_RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED 
APPLICATORS; SURVEYS AND REPORTS--Table of Contents




Sec.
110.1 Scope.
110.2 Definitions.
110.3 Records, retention, and access to records.
110.4 Demonstration of compliance.
110.5 Availability of records to facilitate medical treatment.
110.6 Federal cooperation with States.
110.7 Penalties.
110.8 Rules of practice.
110.9 Miscellaneous.

    Authority: 7 U.S.C. 136a(d)(1)(c), 136i-1, and 450; 7 CFR 2.17, 
2.50.

    Source: 58 FR 19022, Apr. 9, 1993, unless otherwise noted.



Sec.  110.1  Scope.

    This part sets forth the requirements for recordkeeping on 
restricted use pesticides by all certified applicators, both private 
applicators and commercial applicators.



Sec.  110.2  Definitions.

    As used in this part, the following terms shall be construed, 
respectively, to mean:

[[Page 281]]

    Administrator. The Administrator of the Agricultural Marketing 
Service, United States Department of Agriculture, or any individual to 
whom the Administrator delegates authority to act in his or her behalf.
    Authorized representative. Any person who is authorized to act on 
behalf of the Secretary or a State lead agency for the purpose of 
surveying records required to be kept under this part and enforcing this 
part.
    Certification number. A number issued by EPA or a State to an 
individual who is authorized by EPA or the State to use or supervise the 
use of any restricted use pesticide.
    Certified applicator. Any individual who is certified by EPA or the 
State to use or supervise the use of any restricted use pesticide 
covered by that individual's certification.
    Commercial applicator. A certified applicator, whether or not the 
individual is a private applicator with respect to some uses, who uses 
or supervises the use of any restricted use pesticide for any purpose on 
any property other than as provided by the definition of private 
applicator.
    Comparable. With respect to the records required to be kept under 
this part, similar to those required under EPA-approved State 
certification programs.
    Complainant. The Administrator or an official of a cooperating State 
that deals with pesticide use or health or environmental issues related 
to the pesticide use, who institutes a proceeding pursuant to Sec.  
110.8 of this part.
    EPA. The United States Environmental Protection Agency.
    EPA registration number. The number assigned to a product registered 
with EPA in accordance with sections 3 or 24c of the Federal 
Insecticide, Fungicide, and Rodenticide Act and implementing 
regulations, and borne on the label of the product.
    Indian governing body. The governing body of any tribe, band, or 
group of Indians subject to the jurisdiction of the United States and 
recognized by the United States as possessing power of self-government.
    Licensed health care professional. A physician, nurse, emergency 
medical technician, or other qualified individual, licensed or certified 
by a State to provide medical treatment.
    Medical emergency. A situation that requires immediate medical 
treatment or first aid to treat possible symptoms of pesticide poisoning 
or exposure.
    Parties. Includes the Administrator or cooperating State agencies 
who institute proceedings against whom such proceedings are instituted, 
under Sec.  110.8 of this part.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or other legal entity.
    Presiding officer. Any individual designated in writing by the 
Administrator to preside at a proceeding conducted pursuant to Sec.  
110.8 of this part.
    Private applicator. A certified applicator who uses or supervises 
the use of any restricted use pesticide for purposes of producing any 
agricultural commodity:
    (1) On property owned or rented by the applicator or the employer of 
the applicator; or
    (2) If applied without compensation, other than trading of personal 
services between producers of agricultural commodities, on the property 
of another person.
    Record. The legible recording of all required elements under section 
110.3(a) (1) through (6) for the application of a federally restricted 
use pesticide.\1\
---------------------------------------------------------------------------

    \1\ Records can be handwritten on individual notes or forms, consist 
of invoices, be computerized, and or be maintained in recordkeeping 
books.
---------------------------------------------------------------------------

    Recordkeeping. The recording by the certified applicator, or the 
agent of the certified applicator, of the information required by Sec.  
110.3(a) and (b) concerning each restricted use pesticide application, 
either electronically or manually in writing, and the maintenance of 
such records in a manner accessible to authorized representatives.
    Respondent. The party proceeded against pursuant to Sec.  110.8 of 
this part, restricted use pesticide. A pesticide that is federally 
classified for restricted use under section 3(d)(1)(c) of the Federal 
Insecticide, Fungicide, and Rodenticide Act.
    Secretary. The Secretary of Agriculture, United States Department of 
Agriculture, or any individual to whom

[[Page 282]]

the Secretary delegates authority to act in his or her behalf.
    State. A State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Northern Mariana Islands, and any other territory or possession of 
the United States, or an Indian governing body.
    State lead agency. The agency designated by a State to have access 
to the records required to be maintained under this part.
    Supervise. To provide instruction and guidance in the application of 
restricted use pesticides and exercise control over an applicator of 
restricted use pesticides in accordance with standards prescribed by the 
EPA in 40 CFR part 171.

[58 FR 19022, Apr. 9, 1993, as amended at 60 FR 8123, Feb. 10, 1995]



Sec.  110.3  Records, retention, and access to records.

    (a) Certified applicators of restricted use pesticides shall 
maintain records of the application of restricted use pesticides. Except 
as provided in paragraph (b) of this section, these records shall 
include the following information for each application:
    (1) The brand or product name, and the EPA registration number of 
the restricted use pesticide that was applied;
    (2) The total amount of the restricted use pesticide applied;
    (3) The location of the application, the size of area treated, and 
the crop, commodity, stored product, or site to which a restricted use 
pesticide was applied. The location of the application may be recorded 
using any of the following designations:
    (i) County, range, township, and section;
    (ii) An identification system utilizing maps and/or written 
descriptions which accurately identify location;
    (iii) An identification system established by a United States 
Department of Agriculture agency which utilizes maps and numbering 
system to identify field locations; or
    (iv) The legal property description.
    (4) The month, day, and year on which the restricted use pesticide 
application occurred; and
    (5) The name and certification number (if applicable) of the 
certified applicator who applied or who supervised the application of 
the restricted use pesticide.
    (b) Certified applicators shall maintain records of the application 
of restricted use pesticides made on the same day in a total area of 
less than one-tenth (\1/10\) of an acre. Except for applications of 
restricted use pesticides in greenhouses and nurseries, to which the 
requirements of paragraph (a) of this section apply, these records shall 
include the following information for the application:
    (1) The brand or product name, and the EPA registration number of 
the restricted use pesticide that was applied;
    (2) The total amount of the restricted use pesticide applied;
    (3) The location of the application, designated as ``spot 
application,'' followed by a concise description of location and 
treatment; and
    (4) The month, day, and year on which the restricted use pesticide 
application occurred.
    (c) The information required in this section shall be recorded 
within 14 days following the pesticide application. However, whether or 
not the written record has been completed, the certified applicator 
shall provide the information to be recorded in accordance with Sec.  
110.5(a).
    (d) The records required in this section shall be retained for a 
period of 2 years from the date of the restricted use pesticide 
application and be maintained in a manner that is accessible by 
authorized representatives.
    (e) A commercial applicator shall, within 30 days of a restricted 
use pesticide application, provide a copy of records required under this 
section or under State or Federal regulations (whichever is applicable) 
under which the commercial applicator is holding certification, to the 
person for whom the restricted use pesticide was applied.
    (f) A certified applicator shall, upon oral request and presentation 
of credentials by an authorized representative, make available to the 
authorized representative the records required to be maintained under 
this section and permit the authorized representative

[[Page 283]]

to copy any of the records. The original of the records required to be 
maintained under this section shall be retained by the certified 
pesticide applicators.
    (g) No Federal or State agency shall release information obtained 
under this part that would directly or indirectly reveal the identity of 
producers of commodities to which restricted use pesticides have been 
applied.
    (h) Certified applicators who apply restricted use pesticides in 
States where they are required to maintain records on applications of 
restricted use pesticides, comparable to those for commercial 
applicators in that State, and such records are maintained in accordance 
with State requirements, are not subject to paragraphs (a), (b), and (c) 
of this section.

[58 FR 19022, Apr. 9, 1993, as amended at 60 FR 8123, Feb. 10, 1995]



Sec.  110.4  Demonstration of compliance.

    The Secretary is authorized to inspect and copy any record required 
to be maintained by this part in order to determine whether a certified 
applicator is complying with this part.



Sec.  110.5  Availability of records to facilitate medical treatment.

    (a) When the attending licensed health care professional, or an 
individual acting under the direction of the attending licensed health 
care professional, determines that any record of the application of any 
restricted use pesticide required to be maintained under Sec.  110.3 is 
necessary to provide medical treatment or first aid to an individual who 
may have been exposed to the restricted use pesticide for which the 
record is or will be maintained, the certified applicator required to 
maintain the record shall promptly provide the record information and 
any available label information. If it is determined by the attending 
licensed health care professional, or an individual acting under the 
direction of the attending licensed health care professional, to be a 
medical emergency, the record information of the restricted use 
pesticide, relating to the medical emergency, shall be provided 
immediately.
    (b)(1) The attending licensed health care professional, or an 
individual acting under the direction of the attending licensed health 
care professional, may utilize and release the record or record 
information obtained under paragraph (a) of this section when necessary 
to provide medical treatment or first aid to an individual who may have 
been exposed to the restricted use pesticide for which the record is or 
will be maintained.
    (2) The attending licensed health care professional may release the 
record or record information to appropriate federal or state agencies 
that deal with pesticide use or any health issue related to the use of 
pesticides when necessary to prevent further injury or illness.
    (3) A licensed health care professional may release the record or 
record information to submit pesticide poisoning incident reports to 
appropriate state or federal agencies.

[60 FR 8123, Feb. 10, 1995]



Sec.  110.6  Federal cooperation with States.

    (a) For the purpose of carrying out this part, the Administrator may 
enter into agreements with States.
    (b) The Administrator may, after entering a State-Federal 
cooperative agreement with a State, utilize employees and facilities of 
the State to carry out any provisions of this part in that State. This 
State-Federal cooperative agreement shall specify:
    (1) The agency of the State that is designated as the State lead 
agency;
    (2) The responsibilities of State agencies for the enforcement of 
this part and the imposition of penalties under this part;
    (3) The qualifications required of the State employees administering 
and enforcing this part;
    (4) That the State-Federal cooperative agreement may be terminated 
at any time by the mutual agreement of the parties to the agreement;
    (5) That the State-Federal cooperative agreement may be terminated 
by either party by giving written notice to the other party at least 90 
days before a specified date of termination; and

[[Page 284]]

    (6) The provisions for liaison between the State and the 
Administrator concerning the administration and enforcement of this part 
as may be agreed by the Administrator and the State.
    (c) If at any time the Administrator shall determine that the State 
lead agency or other State agencies charged with carrying out the terms 
of the State-Federal cooperative agreement are unable or unwilling to 
carry out the terms of the agreement, or, if for any reason the 
Administrator or State shall determine that the agreement is no longer 
in effect, the Administrator shall administer and enforce this part in 
the State.
    (d) If a State shall notify the Administrator of its readiness to 
enter into a State-Federal cooperative agreement prior to passage of 
State legislation and regulations governing recordkeeping by certified 
applicators of restricted use pesticides, the Administrator may enter 
into a State-Federal cooperative agreement with the State on an annual 
basis.
    (e) For a State to be eligible for Federal technical or financial 
assistance under a State-Federal cooperative agreement, the State 
requirements for recordkeeping by all certified applicators of 
restricted use pesticides must be comparable to the recordkeeping 
requirements under this part.



Sec.  110.7  Penalties.

    Any certified applicator who violates 7 U.S.C. 136i-1 (a), (b), or 
(c) or this part shall be subject to a civil penalty of not more than 
$500 in the case of the first offense, and in the case of subsequent 
offenses, be subject to a civil penalty of not less than $1,000 for each 
violation, except that the civil penalty shall be less than $1,000 if 
the Administrator determines that the certified applicator made a good 
faith effort to comply with 7 U.S.C. 136i-1 (a) (b), and (c) and this 
part.

[60 FR 8123, Feb. 10, 1995]



Sec.  110.8  Rules of practice.

    (a) Notice of violation. If there is reason to believe that a person 
has violated or is violating any provision of this part, the complainant 
may file with the Presiding Officer a notice of violation signed by the 
complainant. The notice of violation shall state:
    (1) The date of issuance of the notice of violation;
    (2) The nature of the proceeding;
    (3) The identification of the complainant and respondent;
    (4) The legal authority under which the proceeding is instituted;
    (5) The allegations of fact and provisions of law which constitute 
the basis for the proceeding;
    (6) The amount of the proposed civil penalty; and
    (7) The name, mailing address, and telephone number of the Presiding 
Officer.
    (b) Answer. Within 30 days after the service of the notice of 
violation, the respondent shall file with the Presiding Officer an 
answer signed by the respondent or by the attorney of record in the 
proceeding. The answer shall:
    (1) Admit, deny, or explain each of the allegations in the notice of 
violation and set forth any defense asserted by the respondent; or
    (2) State that the respondent admits all the facts alleged in the 
notice of violation; or
    (3) State that the respondent admits the jurisdictional allegations 
in the notice of violation and neither admits nor denies the remaining 
allegations and consents to the issuance of an order without further 
procedure.
    (c) Default. Failure to file an answer within 30 days after service 
of the notice of violation shall be deemed, for purposes of the 
proceeding, an admission of the allegations in the notice of violation, 
and failure to deny or otherwise respond to an allegation in the notice 
of violation shall be deemed, for purposes of the proceeding, an 
admission of the allegation, unless the complainant and respondent have 
agreed to a consent decision pursuant to paragraph (e) of this section.
    (d) Amendment of notice of violation or answer. At any time prior to 
the filing of a motion for a hearing, the notice of violation or answer 
may be amended with the consent of the complainant and respondent or as 
authorized by the Presiding Officer upon a showing of good cause.

[[Page 285]]

    (e) Consent decision. At any time before the Presiding Officer files 
the decision, the complainant and respondent may agree to the entry of a 
consent decision. The agreement shall be in the form of a decision 
signed by the complainant and respondent with appropriate space for 
signature by the Presiding Officer, and shall contain an admission of at 
least the jurisdictional facts, consent to the issuance of the agreed 
decision without further procedure, and such other admissions or 
statements as may be agreed to by the complainant and respondent. The 
Presiding Officer shall enter such decision without further procedure, 
unless an error is apparent on the face of the document. The consent 
decision shall have the same force and effect as a decision issued after 
a full hearing, shall become final upon issuance, and shall become 
effective in accordance with the terms of the decision.
    (f) Procedure upon failure to file an answer or admission of facts. 
The failure to file an answer with the Presiding Officer, or the 
admission by the answer of all the material allegations of fact 
contained in the notice of violation, shall constitute a waiver of 
hearing. Upon such admission or failure to submit an answer, complainant 
shall file with the Presiding Officer a proposed decision, along with a 
motion for the adoption of the proposed decision both of which shall be 
served upon the respondent by the Presiding Officer. Within 20 days 
after service of the motion and proposed decision, the respondent may 
file with the Presiding Officer objections to the motion and proposed 
decision. If the Presiding Officer finds that meritorious objections 
have been filed, complainant's motion shall be denied with supporting 
reasons. If meritorious objections are not filed, the Presiding Officer 
shall issue a decision without further procedure or hearing. Copies of 
the decision or denial of complainant's motion shall be served by the 
Presiding Officer upon the respondent and the complainant and may be 
appealed pursuant to paragraph (l) of this section. Where the decision 
as proposed by complainant is entered, such decision shall become final 
and effective without further proceedings 35 days after the date of 
service of the decision upon the respondent, unless there is an appeal 
to the Administrator by the complainant or respondent, pursuant to 
paragraph (l) of this section.
    (g) Conferences. (1) Upon motion of the complainant or respondent, 
the Presiding Officer may direct the complainant and respondent or their 
counsel to attend a conference at any reasonable time, prior to or 
during the course of the hearing, when the Presiding Officer finds that 
the proceeding would be expedited by a conference. Reasonable notice of 
the time and place of the conference shall be given. The Presiding 
Officer may order the complainant or respondent to furnish at or 
subsequent to the conference any or all of the following:
    (i) An outline of the case or defense;
    (ii) The legal theories upon which the party will rely;
    (iii) A list of documents which the party anticipates introducing at 
the hearing; and
    (iv) A list of anticipated witnesses who will testify on behalf of 
the party. At the discretion of the party furnishing such list of 
witnesses, the names of the witnesses need not be furnished if they are 
otherwise identified in some meaningful way such as a short statement of 
the type of evidence they will offer.
    (2) The Presiding Officer shall not order a party to furnish the 
information or documents listed in paragraph (g)(1) (i) through (iv) of 
this section if the party can show that providing the particular 
information or document is inappropriate or unwarranted under the 
circumstances of the particular case.
    (3) At the conference, the following matters may be considered:
    (i) The simplification of issues;
    (ii) The necessity of amendments to the notice of violation or 
answer;
    (iii) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (iv) The limitation of the number of expert or other witnesses;
    (v) Negotiation, compromise, or settlement of issues;
    (vi) The exchange of copies of proposed exhibits;

[[Page 286]]

    (vii) The identification of documents or matters of which official 
notice may be requested;
    (viii) A schedule to be followed by the parties for completion of 
the actions decided at the conference; and
    (ix) Such other matters as may expedite and aid in the disposition 
of the proceeding.
    (4) A conference will not be stenographically reported unless so 
directed by the Presiding Officer.
    (5) In the event the Presiding Officer concludes that personal 
attendance by the Presiding Officer and the parties or counsel at a 
conference is unwarranted or impractical, but determines that a 
conference would expedite the proceeding, the Presiding Officer may 
conduct the conference by telephone or correspondence.
    (6) Actions taken as a result of a conference shall be reduced to a 
written appropriate order, unless the Presiding Officer concludes that a 
stenographic report shall suffice, or, the Presiding Officer elects to 
make a statement on the record at the hearing summarizing the actions 
taken.
    (h) Procedure for hearing. (1) Request for hearing. The complainant 
or respondent may request a hearing on the facts by including such a 
request in the notice of violation or answer, or by a separate request, 
in writing, filed with the Presiding Officer within the time in which an 
answer may be filed. Failure to request a hearing within the time 
allowed for the filing of the answer shall constitute a waiver of a 
hearing. In the event the respondent denies any material fact and fails 
to file a timely request for a hearing, the matter may be set down for 
hearing on motion of the complainant filed with the Presiding Officer or 
upon the Presiding Officer's own motion.
    (2) Time and place. If any material issue of fact is joined by the 
pleading, the Presiding Officer, upon motion of any of the parties 
stating that the matter is at issue and is ready for hearing, shall set 
a time and place for hearing as soon as feasible with due regard for the 
public interest and the convenience and necessity of the parties. The 
Presiding Officer shall issue a notice stating the time and place of 
hearing. If any change in the time or place of the hearing is made, the 
Presiding Officer shall issue a notice of this change, which notice 
shall be served upon the complainant and respondent, unless it is made 
during the course of an oral hearing and made a part of the transcript, 
or actual notice is given to the parties.
    (3) Appearances. The parties may appear in person or by attorney of 
record in the proceeding. Any individual who appears as an attorney must 
conform to the standard of ethical conduct required of practitioners 
before the courts of the United States.
    (4) Debarment of attorney. Whenever a Presiding Officer finds that 
an individual acting as attorney for any party to the proceeding is 
guilty of unethical or contumacious conduct, in or in connection with a 
proceeding, the Presiding Officer may order that the individual be 
precluded from further acting as attorney in the proceeding. An appeal 
to the Administrator may be taken from any such order, but no proceeding 
shall be delayed or suspended pending disposition of the appeal: 
Provided, That the Presiding Officer shall suspend the proceeding for a 
reasonable time for the purpose of enabling the party to obtain another 
attorney.
    (5) Failure to appear. A respondent who, after being duly notified, 
fails to appear at the hearing without good cause, shall be deemed to 
have waived the right to an oral hearing in the proceeding and to have 
admitted any facts which may be presented at the hearing. The failure by 
the respondent to appear at the hearing shall also constitute an 
admission of all the material allegations of fact contained in the 
notice of violation. The complainant shall have an election whether to 
follow the procedure set forth in paragraph (f) of this section or 
whether to present evidence, in whole or in part, in the form of 
affidavits, exhibits, or by oral testimony before the Presiding Officer. 
Failure to appear at a hearing shall not be deemed to be a waiver of the 
right to be served with a copy of the Presiding Officer's decision and 
to appeal to the Administrator pursuant to paragraph (l) of this 
section.

[[Page 287]]

    (6) Order of proceeding. Except as may be determined otherwise by 
the Presiding Officer, the complainant shall proceed first at the 
hearing.
    (7) Evidence. (i) The testimony of witnesses at a hearing shall be 
on oath or affirmation and subject to cross-examination.
    (ii) Upon a finding of good cause, the Presiding Officer may order 
that any witness be examined separately and apart from all other 
witnesses except those who are parties to the proceeding.
    (iii) Evidence which is immaterial, irrelevant, or unduly 
repetitious, or which is not of the sort upon which responsible persons 
are accustomed to rely, shall be excluded insofar as practicable.
    (8) Objections. (i) If a party objects to the admission of any 
evidence or to the limitation of the scope of any examination or cross-
examination or to any other ruling of the Presiding Officer, the party 
shall state briefly the grounds of such objection, whereupon an 
automatic exception will follow if the objection is overruled by the 
Presiding Officer.
    (ii) Only objections made before the Presiding Officer may 
subsequently be relied upon in the proceeding.
    (9) Exhibits. Unless the Presiding Officer finds that the furnishing 
of copies is impracticable, four copies of each exhibit shall be filed 
with the Presiding Officer: Provided, That, where there are more than 
two parties in the proceeding, an additional copy shall be filed for 
each additional party. A true copy of an exhibit may be substituted for 
the original.
    (10) Official records or documents. An official government record or 
document or entry in such a record or document, if admissible for any 
purpose, shall be admissible in evidence without the production of the 
individual who made or prepared the same, and shall be prima facie 
evidence of the relevant facts stated in the record or document. Such 
record or document shall be evidenced by an official publication of the 
record or document or by a copy certified by an individual having legal 
authority to make such certification.
    (11) Official notice. Official notice shall be taken of such matters 
as are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the parties shall be given adequate notice of 
matters so noticed, and shall be given adequate opportunity to show that 
such facts are erroneously noticed.
    (12) Offer of proof. Whenever evidence is excluded by the Presiding 
Officer, the party offering such evidence may make an offer of proof, 
which shall be included in the transcript. The offer of proof shall 
consist of a brief statement describing the evidence excluded. If the 
evidence consists of a brief oral statement, the statement shall be 
included in the transcript in its entirety. If the evidence consists of 
an exhibit, it shall be marked for identification and inserted in the 
hearing record. In either event, the evidence shall be considered a part 
of the transcript and hearing record if the Administrator, upon appeal, 
decides the Presiding Officer's ruling excluding the evidence was 
erroneous and prejudicial. If the Administrator, upon appeal, decides 
the Presiding Officer's ruling excluding the evidence was erroneous and 
prejudicial and that it would be appropriate to have such evidence 
considered a part of the hearing record, the Administrator may direct 
that the hearing be reopened to permit the taking of such evidence or 
for any purpose in connection with the excluded evidence.
    (13) Transcript. Hearings shall be recorded and transcribed 
verbatim.
    (i) Post-hearing procedure--(1) Corrections to transcript. (i) 
Within the period of time fixed by the Presiding Officer, any party may 
file a motion proposing corrections to the transcript.
    (ii) Unless a party files a motion proposing corrections to the 
transcript in the time fixed by the Presiding Officer, the transcript 
shall be presumed, except for obvious typographical errors, to be a 
true, correct, and complete transcript of the testimony given at the 
hearing and to contain an accurate description or reference to all 
exhibits received in evidence and made part of the hearing record and 
shall be deemed to be certified without further action by the Presiding 
Officer.

[[Page 288]]

    (iii) As soon as practicable after the close of the hearing and 
after consideration of any timely objection filed as to the transcript, 
the Presiding Officer shall issue an order making any corrections to the 
transcript which the Presiding Officer finds are warranted, which 
corrections shall be entered on to the original transcript by the 
Presiding Officer without obscuring the original text.
    (2) Proposed finding of fact, conclusions, order, and briefs. Prior 
to the Presiding Officer's decision, each party shall be afforded a 
reasonable opportunity to submit for consideration proposed findings of 
fact, conclusions, order, and brief in support of the proposed findings 
of fact, conclusions and order. A copy of each such document filed by a 
party shall be served upon each of the other parties.
    (3) Presiding Officer's decision. (i) The Presiding Officer shall 
issue a decision within 30 days after the hearing, or, if any party 
submits proposed findings of fact, conclusions, order, and a brief in 
support thereof in accordance with paragraph (i)(2) of this section, 30 
days after the last such submission. The Presiding Officer's decision 
shall include the Presiding Officer's findings of the fact, conclusions 
of law, and the reasons or basis for the findings of fact and 
conclusions of law.
    (ii) The Presiding Officer's decision shall become effective without 
further proceedings 35 days after the date of service of the decision 
upon the respondent, unless there is an appeal to the Administrator by a 
party to the proceeding pursuant to paragraph (l) of this section.
    (j) Motions and requests--(1) General. All motions and requests 
shall be filed with the Presiding Officer, and served upon all the 
parties, except:
    (i) requests for extensions of time pursuant to paragraph (m)(3) of 
this section; and
    (ii) motions and requests made on the record during the oral 
hearing. The Presiding Officer shall rule upon all motions and requests 
filed or made prior to the filing of an appeal of the Presiding 
Officer's decision pursuant to paragraph (l) of this section except 
motions directly relating to the appeal. Thereafter, the Administrator 
will rule on any motions and requests, as well as the motions directly 
relating to the appeal.
    (2) Motions entertained. (i) Any motion will be entertained other 
than a motion to dismiss on the pleading. (A motion by the complainant 
seeking the voluntary dismissal of the notice of violation may be 
entertained by the Presiding Officer or the Administrator.)
    (ii) All motions and requests concerning the notice of violation 
must be made within the time allowed for filing an answer, except 
motions by the complainant seeking voluntary dismissal of the notice of 
violation.
    (3) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds for the 
order, ruling, or action desired.
    (4) Response to motions and requests. Within 10 days after service 
of any written motion or request, or within a shorter or longer period 
as may be fixed by the Presiding Officer or the Administrator, an 
opposing party may file a response to the motion or request. The other 
party shall have no right to reply to the response; however, the 
Presiding Officer or the Administrator, in their discretion, may order 
that a reply be filed.
    (k) Presiding Officer--(1) Assignment. No Presiding Officer shall be 
assigned to serve in any proceeding who:
    (i) Has any pecuniary interest in any matter or business involved in 
the proceeding;
    (ii) Is related within the third degree by blood or marriage to any 
party to the proceeding; or
    (iii) Has any conflict of interest which might impair the Presiding 
Officer's objectivity in the proceeding.
    (2) Disqualification of Presiding Officer. (i) Any party to the 
proceeding may, by motion made to the Presiding Officer, request that 
the Presiding Officer withdraw from the proceeding because of an alleged 
disqualifying reason. Such motion shall set forth with particularity the 
grounds of alleged disqualification. The Presiding Officer may then 
either rule upon or certify the motion to the Administrator, but not 
both.

[[Page 289]]

    (ii) A Presiding Officer shall withdraw from any proceeding for any 
reason deemed by the Presiding Officer to be disqualifying.
    (3) Powers. The Presiding Officer, in any assigned proceeding, shall 
have power to:
    (i) Rule upon motions and requests;
    (ii) Set the time and place of a conference and the hearing, adjourn 
the hearing from time to time, and change the time and place of hearing;
    (iii) Administer oaths and affirmations;
    (iv) Summon and examine witnesses and receive evidence at the 
hearing;
    (v) Admit or exclude evidence;
    (vi) Hear oral argument on facts or law;
    (vii) Do all acts and take all measures necessary for maintenance or 
order, including the exclusion of contumacious counsel or other persons; 
and
    (viii) Take all other actions authorized under this section.
    (l) Appeal to the Administrator--(1) Filing of petition. Within 30 
days after receiving notice of the Presiding Officer's decision, a party 
who disagrees with the decision, or any part of the Presiding Officer's 
decision, or any ruling by the Presiding Officer or a party who alleges 
a deprivation of rights, may appeal the Presiding Officer's decision or 
rulings to the Administrator by filing an appeal petition with the 
Administrator. As provided in paragraph (h)(8) of this section, 
objections regarding evidence or a limitation regarding examination or 
cross examination or other ruling made before the Presiding Officer may 
be relied upon in an appeal. The appeal petition shall state the name 
and address of the person filing the appeal petition. Each issue set 
forth in the appeal petition, and the arguments on each issue, shall be 
separately numbered; shall be plainly and concisely stated; and shall 
contain detailed citations of the record, statutes, regulations, or 
authorities being relied upon in support of the argument. A brief may be 
filed in support of the appeal simultaneously with the appeal petition.
    (2) Response to appeal petition. Within 20 days after the service of 
a copy of an appeal petition and any brief in support of the appeal 
petition, filed by a party to the proceeding, any other party may file 
with the Administrator a response in support of or in opposition to the 
appeal petition and, in such response any relevant issue, not presented 
in the appeal petition, may be raised.
    (3) Transmittal of record. Whenever an appeal to the Presiding 
Officer's decision is filed and a response to the appeal has been filed 
or time for filing a response has expired, the Presiding Officer shall 
transmit to the Administrator the record of the proceeding. The record 
shall include: the pleading; motions and requests filed and rulings on 
such motions and requests; the transcript of the testimony taken at the 
hearing, together with the exhibits filed in connection with the 
hearing; any documents or papers filed in connection with a conference; 
such proposed findings of fact, conclusions, and orders, and briefs in 
support thereof, as may have been filed in connection with the 
proceeding; the Presiding Officer's decision; and such exceptions, 
statements of objections and briefs in support thereof as may have been 
filed in the proceeding.
    (4) Decision of the Administrator on appeal. As soon as practicable 
after the receipt of the record from the Presiding Officer, the 
Administrator, upon the basis of and after due consideration of the 
record and any matter of which official notice is taken, shall rule on 
the appeal. If the Administrator decides that no change or modification 
of the Presiding Officer's decision is warranted, the Administrator may 
adopt the Presiding Officer's decision as the final order in the 
proceeding, preserving any right of the party bringing the appeal to 
seek judicial review of such decision in the proper forum.
    (m) Filing; service; extensions of time; and computation of time--
(1) Filing; number of copies. Except as otherwise provided in this 
section, all documents or papers required or authorized by this section 
to be filed with the Presiding Officer or Administrator shall be filed 
in quadruplicate: Provided, That where there are more than two parties 
in the proceeding, an additional copy shall be filed for each additional 
party.

[[Page 290]]

    (2) Service; proof of service. Copies of all documents or papers 
required or authorized by this section to be filed with the Presiding 
Officer or Administrator shall be served upon the parties by the person 
with whom such documents or papers are filed. Service shall be made 
either:
    (i) By delivering a copy of the document or paper to the individual 
to be served or to a member of the partnership to be served, or to the 
president, secretary, or other executive officer or any director of the 
corporation or association to be served, or to the attorney of record 
representing such person; or
    (ii) By leaving a copy of the document or paper at the principal 
office or place of business or residence of such individual, 
partnership, corporation, organization, or association, or of the 
attorney of record representing such person and mailing by regular mail 
another copy to such person at such address; or
    (iii) By registering or certifying and mailing a copy of the 
document or paper, addressed to such individual, partnership, 
corporation, organization, or association, or to the attorney of record 
representing such person, at the last known residence or principal 
office or place of business of such person: Provided, That if the 
registered or certified document or paper is returned undelivered 
because the addressee refused or failed to accept delivery, the document 
or paper shall be served by remailing it by regular mail. Proof of 
service under this paragraph shall be made by the certificate of the 
person who actually made the service: Provided, That if the service be 
made by mail, under paragraph (m)(2)(iii) of this section, proof of 
service shall be made by the return post-office receipt, in the case of 
registered or certified mail, or by the certificate of the person who 
mailed the matter by regular mail. Any certificate or post-office 
receipt returned to the Presiding Officer or Administrator shall be 
filed by the Presiding Officer or Administrator, and made a part of the 
record of the proceeding.
    (3) Extensions of time. The time for the filing of any document or 
paper required or authorized under this section to be filed may be 
extended by the Presiding Officer or the Administrator as provided in 
paragraph (j) of this section, if in the judgment of the Presiding 
Officer or the Administrator, as the case may be, there is good reason 
for the extension. In all instances in which time permits, notice of the 
request for extension of the time shall be given to the other party with 
opportunity to submit views concerning the request.
    (4) Effective date of filing. Any document or paper required or 
authorized under this section to be filed shall be deemed to be filed at 
the time when it reaches the person with whom the document or paper must 
be filed.
    (5) Computation of time. Saturdays, Sundays, and holidays shall be 
included in computing the time allowed for the filing of any document or 
paper: Provided, That, when such time expires on a Saturday, Sunday, or 
holiday, such period shall be extended to include the next following 
business day.
    (n) Ex parte communications. (1) At no stage of the proceeding 
between its institution and the issuance of the final decision shall the 
Presiding Officer or Administrator discuss ex parte the merits of the 
proceeding with any person who is connected with the proceeding in an 
advocative or in an investigative capacity, or with any representative 
of such person: Provided, That the Presiding Officer or Administrator 
may discuss the merits of the case with such a person if all parties to 
the proceeding, or their attorneys have been given notice and an 
opportunity to participate. A memorandum of such discussion shall be 
included in the record.
    (2) No interested person shall make or knowingly cause to be made to 
the Presiding Officer or Administrator an ex parte communication 
relevant to the merits of the proceeding.
    (3) If the Presiding Officer of the Administrator receives an ex 
parte communication in violation of this paragraph (n), the individual 
who receives the communication shall place in the public record of the 
proceeding:
    (i) Any such written communication;
    (ii) Memoranda stating the substance of such oral communication; and
    (iii) Any written response, and memoranda stating the substance of

[[Page 291]]

any oral response to the ex parte communication.
    (4) For purposes of this section ex parte communication means an 
oral or written communication not on the public record with respect to 
which reasonable prior notice to all parties is not given, but it shall 
not include requests for status reports on any matter or the proceeding.



Sec.  110.9  Miscellaneous.

    In accordance with Section 3507 of the Paperwork Reduction Act of 
1980 (44 U.S.C. 3507), the recordkeeping provisions in this rule have 
been approved by the Office of Management and Budget (OMB) and there are 
no new requirements. The assigned OMB control number is 0581-AA39.



PARTS 111-159 [RESERVED]--Table of Contents




[[Page 292]]



                        SUBCHAPTER F_NAVAL STORES





PART 160_REGULATIONS AND STANDARDS FOR NAVAL STORES--Table of Contents




                                 General

Sec.
160.1 Definitions of general terms.
160.2 Spirits of turpentine defined.
160.3 Rosin defined.
160.4 Reclaimed rosin.
160.5 Standards for naval stores.
160.6 Standard designations for turpentine.
160.7 Gum spirits of turpentine.
160.8 Steam distilled wood turpentine.
160.9 Destructively distilled wood turpentine.
160.10 Sulphate wood turpentine.
160.11 Quality requirements.
160.12 Standard designations for rosin.
160.13 Grade designations for rosin.
160.14 Opaque rosin.

               Establishment of New and Modified Standards

160.15 New standards.
160.16 Modification of existing standards.

          Methods of Analysis, Inspection, Sampling and Grading

160.17 Laboratory analysis.
160.18 Determining the grade of rosin.
160.19 Samples of rosin for grading.
160.20 More than one grade in a container.
160.21 Rosin not fit for grading.
160.22 Collecting samples; issuing certificates.
160.23 Disposition of samples.

              Analysis, Inspection, and Grading on Request

160.24 Inspection on request.
160.24a Inspection as to condition of drums containing rosin and the 
          quality and condition of the rosin therein upon request.
160.25 How requests shall be made.
160.26 Withdrawal of request.
160.27 Containers to be made ready.
160.28 Tank cars of turpentine.
160.29 Containers to remain intact.
160.30 Contents of containers to be designated.
160.31 Time and manner of sampling.
160.32 Marking containers.
160.33 Containers not acceptable for inspection.
160.34 Responsibility of interested person.
160.35 Illegible inspection marks.
160.36 Authority for changing marks.
160.37 Prior marks to be removed.

                Request Inspection by Licensed Inspectors

160.38 Permit to use licensed inspector.
160.39 Form of application for license or permit.
160.40 Applicant for license to be examined.
160.41 Issuance of temporary license.
160.42 Limitation of license.
160.43 Licensed inspector to be disinterested.
160.44 Other duties of licensed inspectors.
160.45 Conditions governing licensed inspection.
160.46 Identification of containers.
160.47 Periodic re-inspection.
160.48 Form of certificate.
160.49 Responsibility for inspection certificates and forms.
160.50 Reports to be made by accredited processors.
160.51 Report of non-conformance.
160.52 Suspension or revocation of licenses.
160.53 Stopping inspection by suspended inspector.
160.54 Suspension or revocation of permits.
160.55 Voluntary discontinuance of licensed inspection.
160.56 Compensation of licensed inspectors.
160.57 Fees for licensed inspection permits.
160.58 Fees for inspection and certification by licensed inspectors.
160.59 Appeal inspections.
160.60 Charge for appeal inspection.

                        Certificates and Reports

160.61 Kinds of certificates issued.
160.62 When a certificate may be issued.
160.63 When a certificate may not be issued.
160.64 Issuance of loan and sale certificate.
160.65 Prior certification required.

                 Fees and Charges for Services Rendered

160.66 Fees for inspection services.
160.67 Fees under cooperative agreements.
160.68 Collection of fees.
160.69 Expenses to be borne by person requesting service.
160.70 Rendition of claims.
160.71 Delinquent claims.

                Loan and Care of United States Standards

160.73 Availability of standards.
160.74 Loan of standards without security.
160.75 Loan of standards under security deposit.
160.76 Annual charge for use of standards.
160.77 Reporting on use of standards.
160.78 Loss or damage of standards.
160.79 Request for additional standards.
160.80 Denial of loan of additional standards.
160.81 Surrender of standards.
160.82 Return of security.
160.83 Miscellaneous receipts.

[[Page 293]]

                           Sales and Shipments

160.84 Identification of shipments.
160.85 Sale of mixed turpentine not lawful.
160.86 Prohibited use of United States Standards.
160.87 Prohibited use of word ``turpentine'' or derivatives thereof.
160.88 Permitted use of words ``turpentine'' and ``rosin.''
160.89 Medicinal preparations.

                    Labeling, Advertising and Packing

160.90 False, misleading, or deceitful practices.
160.91 Meaning of words ``pine'' and ``pine tree.''
160.92 Meaning of word ``gallon.''
160.93 Powdered rosin.
160.94 Spirits of turpentine for medicinal use.

                    Proceedings in Case of Violation

160.95 Proceedings prior to reporting violations of the act.
160.96 Report of violations for prosecution.
160.97 Publication.

               Specific Fees Payable for Services Rendered

160.201 Fees generally for field inspection and certification of naval 
          stores and drum containers of rosin.
160.202 Fees generally for laboratory analysis and testing.
160.203 Fees for inspection and certification of other naval stores 
          material.
160.204 Fees for extra cost and hourly rate service.
160.205 Permit fees for eligible processing plants under licensed 
          inspection.

    Authority: 7 U.S.C. 94, 1624.

    Source: 11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 
1952; 20 FR 6433, Sept. 1, 1955, unless otherwise noted.

                                 General



Sec.  160.1  Definitions of general terms.

    The terms as defined in section 2 of the Naval Stores Act shall 
apply with equal force and effect when used in the provisions in this 
part. In addition, unless the context requires otherwise, the terms 
hereinafter set forth shall be defined respectively as follows:
    (a) Act: The Naval Stores Act of March 3, 1923 (42 Stat. 1435; 7 
U.S.C. 91-99).
    (b) Department: The United States Department of Agriculture.
    (c) Administrator: The Administrator of the Agricultural Marketing 
Service of the Department, or any officer or employee of the Department 
to whom authority has heretofore been delegated, or to whom authority 
may hereafter be delegated, to act in his stead.
    (d) Official inspector: Any person designated or licensed by the 
Secretary to sample, examine, analyze, classify or grade naval stores.
    (e) Licensed inspector: A person licensed by the Administrator upon 
recommendation of an accredited processor to act as an official 
inspector with respect to naval stores produced at an eligible 
processing plant of such processor.
    (f) Eligible processing plant: A plant which on examination by the 
Administrator has been found to be designed, operated, and staffed so as 
to permit proper samplings and inspections of the naval stores produced 
thereat, and where a substantial proportion of the output comes from 
oleoresin obtained from trees growing on land not owned or leased by the 
processor himself, or from oleoresin contained within felled trees or 
stumps removed from such land.
    (g) Accredited processor: Any person owning or having charge of or 
jurisdiction over the operation of an eligible processing plant, to whom 
a permit has been issued under these regulations to have inspections of 
naval stores made by a licensed inspector.
    (h) Interested person: Any person who is a party to a factual or 
prospective transaction in a specific lot of naval stores, whether as 
producer, seller, shipper, dealer, or purchaser thereof; or any person 
who in the opinion of the Administrator has sufficient and proper 
interest in the analysis, classification, grading, or sale of naval 
stores to merit the loan and use of duplicates of the United States 
Standards.
    (i) Dealer: Any person who sells or ships in commerce any naval 
stores produced by a person other than himself.
    (j) Cooperative agreement: A written agreement between the 
Department and any person specifying the conditions under which special 
inspection

[[Page 294]]

personnel may be designated and procedures established, not otherwise 
available under existing inspection programs, in order to make possible 
a continuous, day-by-day inspection of naval stores for such person, or 
to provide facilities for carrying out experimental studies on authentic 
naval stores related to the inspection and marketing thereof.
    (k) Standards: The official Naval Stores Standards of the United 
States for classification and grading of spirits of turpentine and 
rosin.
    (l) Analysis: Any examination by physical, chemical, or sensory 
methods.
    (m) Classification: Designation as to kind of spirits of turpentine 
or rosin.
    (n) Grading: Determination of the grade of turpentine or rosin by 
comparison with the standards.
    (o) Certificate: The official certificate issued under the 
provisions of the act and the provisions in this part to show the 
results of any examination, analysis, classification, or grading of 
naval stores by an official inspector.
    (p) Label: Any word, combination of words, coined or trade name, 
picturization of any natural scene or article, or any limitation 
thereof, applied to, superimposed upon, impressed into, or in any other 
manner attached to a container of naval stores or other article coming 
within the scope of the act, by which the nature, kind, quality, or 
quantity of the contents of such container may be indicated.
    (q) Container: Any receptacle in which naval stores are placed for 
inspection or distribution in commerce; includes barrel, drum, tank, 
tank car, bag, bottle, can, or other receptacle.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955; 46 FR 47055, Sept. 24, 1981; 47 FR 3344, Jan. 
25, 1982]



Sec.  160.2  Spirits of turpentine defined.

    Spirits of turpentine, also commonly known as turpentine, is the 
colorless or faintly colored volatile oil consisting principally of 
terpene hydrocarbons of the general empirical formula C10 H16 
and having a characteristic odor and taste. It occurs naturally in and 
may be recovered by distillation from the oleoresinous secretions 
obtained from living trees of the family Pinaceae, or present in the 
cellular structure, or wood, of species thereof.



Sec.  160.3  Rosin defined.

    Except as provided in Sec.  160.15, rosin is the vitreous, well-
strained, transparent, solid resin which (a) remains after the volatile 
terpene oils are distilled from (1) the oleoresin collected from living 
trees or (2) the oleoresin extracted from wood; or (b) remains after 
distillation of the fatty acids from tall oil recovered from wood in the 
course of its chemical disintegration to produce cellulose. In addition 
to the free resin acids, rosin may contain relatively small proportions 
of fatty acids, resin esters and other esters, unsaponifiable resenes, 
and non-resinous foreign matter naturally occurring therein.



Sec.  160.4  Reclaimed rosin.

    Reclaimed rosin is rosin that has been recovered or reclaimed by any 
means from waste or deteriorated material: Provided, That such reclaimed 
product may be graded as rosin under the act and the provisions in this 
part only if the concentration of rosin acids therein has not been 
reduced below the concentration normal for rosin, and any residual or 
contaminating component remaining from the waste material itself or from 
any article used in the recovery process is not sufficient to cause the 
physical or chemical properties of the reclaimed product to differ 
substantially from the normal properties of rosin.



Sec.  160.5  Standards for naval stores.

    In addition to the standards of identity for spirits of turpentine 
and rosin and the grade designations for rosin specified in the act, 
certain standards for naval stores have been promulgated by the 
Administrator pursuant to the act as indicated in Sec.  160.301 et seq.



Sec.  160.6  Standard designations for turpentine.

    Spirits of turpentine within the meaning of the act and the 
provisions in this part shall be designated as ``gum spirits of 
turpentine,'' ``steam distilled wood turpentine,'' ``destructively 
distilled wood turpentine,'' or

[[Page 295]]

``sulphate wood turpentine,'' as the case may be.



Sec.  160.7  Gum spirits of turpentine.

    The designation ``gum spirits of turpentine'' shall refer to the 
kind of spirits of turpentine obtained by distillation of the oleoresin 
(gum) from living trees, and commonly known prior to the passage of the 
act as gum spirits, gum turpentine, spirits of turpentine, or oil of 
turpentine.



Sec.  160.8  Steam distilled wood turpentine.

    The designation ``steam distilled wood turpentine'' shall refer to 
the kind of spirits of turpentine obtained by steam distillation from 
the oleoresinous component of wood whether in the presence of the wood 
or after extraction from the wood, and commonly known prior to the 
passage of the act as wood turpentine, steam distilled turpentine, steam 
distilled wood turpentine, or S. D. wood turpentine.



Sec.  160.9  Destructively distilled wood turpentine.

    The designation ``destructively distilled wood turpentine'' shall 
refer to the kind of spirits of turpentine prepared from the distillate 
obtained in the destructive distillation (carbonization) of wood, and 
commonly known prior to the passage of the act as destructively 
distilled wood turpentine or D.D. wood turpentine.



Sec.  160.10  Sulphate wood turpentine.

    The designation ``sulphate wood turpentine'' shall refer to the kind 
of spirits of turpentine prepared from the condensates that are 
recovered in the sulphate process of cooking wood pulp, and commonly 
known as sulphate turpentine or sulphate wood turpentine.



Sec.  160.11  Quality requirements.

    The several standards for spirits of turpentine, as defined in 
Sec. Sec.  160.8 to 160.10, inclusive, shall be deemed to mean the 
respective kinds of spirits of turpentine having properties that conform 
with the standard specifications adopted therefor by the American 
Society for Testing Materials, contained in appendix A to this part.



Sec.  160.12  Standard designations for rosin.

    (a) Rosin within the meaning of the act and the provisions in this 
part shall be designated as ``gum rosin,'' ``wood rosin,'' or ``tall oil 
rosin,'' as the case may be.
    (b) The designation ``gum rosin'' shall refer to the kind of rosin 
remaining after the distillation of gum spirits of turpentine from the 
oleoresin (gum) obtained from living pine trees.
    (c) The designation ``wood rosin'' shall refer to the kind of rosin 
recovered after the distillation of the volatile oil from the oleoresin 
within or extracted from pine wood by any suitable process, followed by 
any necessary further refinement.
    (d) The designation ``tall oil rosin'' shall refer to the kind of 
rosin remaining after the removal of the fatty acids from tall oil by 
fractional distillation, and having the characteristic form and 
appearance and other physical and chemical properties normal for other 
kinds of rosin.



Sec.  160.13  Grade designations for rosin.

    The grades of rosin shall be designated, from highest to lowest, by 
the following letters, respectively: XC, XB, XA, X, WW, WG, N, M, K, I, 
H, G, F, E, D, B. In addition, the letters OP shall be used to designate 
the grade of opaque rosin, and the letters FF shall be used to designate 
the grade of normal wood rosin: Provided, That the product recovered in 
the refining of wood rosin, that is darker in color than the standard 
for FF grade, and that contains rosin acids in lesser quantity than is 
normal for such rosin, shall be graded and designated as B wood resin.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 33 
FR 8722, June 14, 1968]



Sec.  160.14  Opaque rosin.

    The term ``opaque rosin'' shall apply to the article resulting when 
rosin undergoes internal modification indicated by a turbid, clouded, or 
opaque appearance, that is, loss of transparency, brought about by the 
occlusion of moisture or the formation of an excessive quantity of resin 
acid crystals in the rosin.

[[Page 296]]

               Establishment of New and Modified Standards



Sec.  160.15  New standards.

    Whenever in the opinion of the Administrator a new standard for any 
naval stores is necessary in the interest of the trade, he shall 
announce a hearing thereon, to be held not less than 3 months subsequent 
to such announcement. Notice of the hearing stating the terms or 
description of the proposed new standard, or a summary thereof, shall be 
given by publication in the Federal Register and by such other means as 
may be practicable. The hearing shall be conducted by an official 
designated by the Administrator, and reasonable opportunity shall be 
afforded at the hearing to all interested persons to present their 
views, arguments and data, verbally or in writing, in favor of or in 
opposition to the proposed new standard. All relevant material presented 
at said hearing, or a summary thereof, and a recommendation as to 
adoption or rejection of the proposed new standard shall be transmitted 
to the Administrator for his consideration. A new standard established 
and promulgated by the Administrator shall become effective not less 
than 3 months after the promulgation thereof.



Sec.  160.16  Modification of existing standards.

    Whenever in the opinion of the Administrator a modification of an 
existing standard for naval stores is necessary in the interest of the 
trade, he shall announce a hearing thereon, to be held not less than 6 
months subsequent to such announcement. Notice of the hearing stating 
the terms or description of the proposed modification of any standard, 
or a summary thereof, shall be given by publication in the Federal 
Register and by such other means as may be practicable. The hearing 
shall be conducted by an official designated by the Administrator, and 
reasonable opportunity shall be afforded to all interested persons to 
present their views, arguments and data, verbally or in writing, in 
favor of or in opposition to the proposed modification. All relevant 
material presented at said hearing, or a summary thereof, and a 
recommendation as to adoption or rejection of the proposed modification 
shall be transmitted to the Administrator for his consideration. A 
modified standard established and promulgated by the Administrator shall 
become effective not less than 6 months after the promulgation thereof.

          Methods of Analysis, Inspection, Sampling and Grading



Sec.  160.17  Laboratory analysis.

    The analysis and laboratory testing of naval stores shall be 
conducted, so far as is practicable, according to methods of the 
American Society for Testing Materials. When any such method is deemed 
to be insufficient or unsuitable or when no method has been so 
presented, the analysis shall be made according to any method deemed 
appropriate by the Administrator.



Sec.  160.18  Determining the grade of rosin.

    The grade of rosin shall be determined by comparing a representative 
sample, taken and prepared in accordance with the provisions in this 
part, with the appropriate standard types. The grade shall be the grade 
designation of the standard type which the sample equals or excels in 
color, but below the next higher grade.



Sec.  160.19  Samples of rosin for grading.

    Samples of rosin for grading shall be approximately cubical in 
shape, and shall be seven-eighths inch thick in the direction through 
which they are viewed or graded. Samples may be taken by any of the 
following methods:
    (a) By cutting or cleaving the same from a lump of the rosin removed 
from the solid mass in the barrel or drum, the top side of which lump 
shall come from not less than 4 inches below the surface of the rosin.
    (b) By placing a tin mold of suitable design inside the barrel or 
drum through an opening in the side, the center of which opening is 
approximately 9 inches from the top or 12 inches from the bottom so that 
when the container is filled, the rosin within the mold will have come 
from a position not less than 4 inches below the surface of the rosin. 
The mold thus

[[Page 297]]

placed must be entirely within the barrel or drum and completely encased 
in the rosin.
    (c) By suspending in the barrel or drum of molten rosin a clean 
tinplate mold, \7/8\ inch square (inside) and 1\1/2\ inches or more in 
length, in such a manner that it will be in a horizontal position at 
least 2 inches below the surface of the rosin after it has thoroughly 
cooled. Such sample shall not be spiked from the barrel or drum until it 
is completely cooled.
    (d) By withdrawing a quantity of molten rosin from a full container 
of 150 pounds content or less, pouring the rosin into a suitable mold, 
and allowing it to cool and solidify slowly: Provided, That samples 
taken to represent a single batch or charge made by intermittent 
distillation of oleoresin shall be taken from not less than two 
containers, one of which shall be selected when one fourth of the batch 
has been placed in the containers, and the other shall be from the last 
container filled.
    (e) By withdrawing a quantity of molten rosin from a full drum that 
has been filled after a preliminary cooling period, pouring the rosin 
into a suitable mold, and allowing it to cool and solidify slowly: 
Provided, That such sample shall not be taken until at least one hour 
has elapsed after the drum was filled: And provided further, That the 
selection of drums to be sampled shall be in accordance with the method 
of selecting small containers as set forth in paragraph (d) of this 
section. Rosin in drums sampled in this manner will be graded and 
certified only when the sampling is performed by an official inspector. 
Rosin in open head barrels shall not be sampled by this method.
    (f) By collecting in a suitable vessel a quantity of molten rosin 
from each successive batch or charge as it is delivered into a tank car, 
pouring the respective quantities of rosin into suitable molds, and 
allowing them to cool and solidify: Provided, That any darkening of the 
rosin subsequent to such sampling will not be recognized as affecting 
the correctness of the grades assigned to the rosin at the time it was 
loaded in the car. Rosin so sampled while in process of being placed in 
a tank car will be graded and certified only when the sampling is 
performed by an official inspector.



Sec.  160.20  More than one grade in a container.

    When a sample from the bottom of a barrel or drum shows not more 
than one grade lower than that of a top sample taken in accordance with 
Sec.  160.19, the grade of the rosin shall be that of such top sample: 
Provided, That if such ``bottom head'' sample shows more than one grade 
lower than the top sample, the grade assigned to the rosin shall be that 
of the darkest or lowest grade of rosin in the container.



Sec.  160.21  Rosin not fit for grading.

    An article consisting of rosin with an excessive amount of trash or 
other visible extraneous foreign material, or an article that is of such 
color or appearance as not to permit its accurate classification and 
grading in accordance with the standards provided for rosin, shall not 
be classified, graded, marked, sold, or offered for sale in commerce as 
rosin.



Sec.  160.22  Collecting samples; issuing certificates.

    The collection of official samples for the purpose of putting into 
effect any of the provisions of the act, and the issuance of 
certificates reporting the results of any analysis, classification, or 
grading shall be limited to official inspectors and to such other 
personnel of the Department as may be authorized.



Sec.  160.23  Disposition of samples.

    All samples taken by an official inspector or submitted by an 
interested person shall become and remain the property of the 
Department, to be disposed of as the Administrator may determine.

              Analysis, Inspection, and Grading on Request



Sec.  160.24  Inspection on request.

    Insofar as it may be practicable, official inspectors shall sample, 
analyze, classify, or grade any naval stores at the request of any 
interested person, as provided for by the act and in accordance with the 
provisions in this part.

[[Page 298]]



Sec.  160.24a  Inspection as to condition of drums containing rosin 
and the quality and condition of the rosin therein upon request.

    Before or after the shipment in commerce of any lot of rosin in 
drums from a processing or storage point, and upon request by an 
interested person, an inspection may be made by an official inspector of 
the external appearance of the drums, and a report may be made by such 
inspector, on the basis of such inspection, of the condition, including 
soundness, of the drums with reference to the effect thereof upon the 
quality, and preservation of the quality, of the rosin in the drums. In 
conjunction with such service, when practicable, the inspector may upon 
similar request determine and certify the grade, class, other quality, 
or condition of the rosin within the drums, and report the internal 
condition of the drums, under any applicable standards and procedural 
instructions issued to such inspector by the Administrator. Certificates 
and reports issued under this section will be furnished only to the 
interested person requesting the service. Fees and charges for service 
under this section shall be paid by such interested person in accordance 
with Sec. Sec.  160.201, 160.202, and 160.204.

[20 FR 6433, Sept. 1, 1955]



Sec.  160.25  How requests shall be made.

    An interested person desiring the analysis, classification, or 
grading of any naval stores, or of samples thereof, shall submit to the 
nearest official inspector a written request, in which he shall state 
the number and kind of containers of rosin, or the number and kind of 
containers and the number of gallons of turpentine, as the case may be, 
together with the name of the interested person for whose account such 
service is requested, his interest in the naval stores, and other 
information by which the identity of the naval stores in question and 
the propriety of its examination may be determined. Requests for 
seasonal or recurrent services shall so indicate, and the approximate 
quantity of naval stores to be graded and the duration of the desired 
service shall be stated. Fees for such service shall be paid in 
accordance with the provisions in this part.



Sec.  160.26  Withdrawal of request.

    A request for service under the provisions in this part may be 
withdrawn at any time before the service has been completed, on notice 
to the official inspector: Provided, however, That the interested person 
shall reimburse the United States for the time spent and any expenses 
incurred prior to receipt of such withdrawal notice.



Sec.  160.27  Containers to be made ready.

    The interested person shall cause the naval stores to be made 
available, and shall provide any held required to remove the bungs or 
heads, or otherwise open the containers for sampling, to spike the rosin 
or extract the sampler devices from the barrels or drums, to rebung or 
otherwise close the containers, to handle the commodity for weighing, 
and to mark the containers at the direction of the official inspector.



Sec.  160.28  Tank cars of turpentine.

    A tank car loaded for shipment with spirits of turpentine shall, 
after the same has been sampled for analysis, classification, and 
certification, be sealed by the official inspector. Any certificate 
issued thereon prior to shipment shall be valid only for a reasonable 
time to permit arrival at destination, and only so long as the seals 
placed thereon by the inspector remain unbroken.



Sec.  160.29  Containers to remain intact.

    The results of any analysis, classification, or grading of naval 
stores will be certifiable only if the containers holding such naval 
stores remain intact as sampled until the analysis, classification, or 
grading has been completed and the results reported, except when the 
container is a tank car subject to demurrage.



Sec.  160.30  Contents of containers to be designated.

    Prior to inspection at the request of the producer, containers of 
naval stores, other than tank cars, shall have marked thereon a 
designation by such producer of the kind or identity of the

[[Page 299]]

product in accordance with the standard of identity provided therefor by 
or under the act.



Sec.  160.31  Time and manner of sampling.

    Except when batch sampling is authorized at an eligible processing 
plant using licensed inspectors, samples of naval stores to be used for 
official inspection and certification shall be taken direct from the 
commercial containers holding such naval stores by or under the 
immediate supervision of the inspector at the time of inspection.



Sec.  160.32  Marking containers.

    The interested person shall provide any labor necessary for marking 
the containers, after the contents have been sampled and graded, at the 
direction of the official inspector. The container of an article which 
does not conform with any United States Standard for naval stores as to 
kind or grade, shall not be marked or certified, and any unauthorized 
marks appearing on the container shall be removed.



Sec.  160.33  Containers not acceptable for inspection.

    Any container so filled or packed as to conceal the fact that it 
contains anything other than naval stores within the meaning of the act 
or the provisions in this part, and any naval stores in a container 
deemed by an official inspector to be unsuitable for use as a container 
of naval stores in commerce, shall not be accepted for classification or 
grading.



Sec.  160.34  Responsibility of interested person.

    The sampling or acceptance of any sample of naval stores by an 
official inspector for use in grading and certifying the same at the 
request of an interested person, or the placing of any incorrect 
classification or grade marks upon the container thereof, or the issue 
of any incorrect certificate inadvertently to cover the contents, 
because of inability of the inspector to observe the true condition of 
the naval stores, shall not prevent the correction or recall of any such 
certificate, nor relieve the interested person from responsibility for 
the condition of the article or its container.



Sec.  160.35  Illegible inspection marks.

    In case any mark placed on a container of rosin by or under the 
direction of an official inspector has become illegible, he will make 
such examination before remarking as may be necessary to establish the 
proper grade or identity of the rosin. No fee will be charged for this 
service, but the cost of handling, opening, spiking, and closing the 
container shall be borne by the interested person.



Sec.  160.36  Authority for changing marks.

    No mark placed upon any container of naval stores by or at the 
direction of an official inspector shall be obliterated, covered up, 
defaced, or otherwise made illegible, except under authority of an 
official inspector.



Sec.  160.37  Prior marks to be removed.

    Any marking appearing on a container to be used for naval stores, 
relating to the kind, classification, grade, certification, or method of 
inspection of naval stores shall be removed by the user whenever such 
marking does not in all respects describe the kind, classification, 
grade, certification, and method of inspection of the naval stores to be 
placed therein.

                Request Inspection by Licensed Inspectors



Sec.  160.38  Permit to use licensed inspector.

    Any naval stores produced at an eligible processing plant, as herein 
defined, may be inspected, classified, graded, and certified by a 
licensed inspector, after the accredited processor has applied to and 
has been granted a permit by the Administrator to use a licensed 
inspector.



Sec.  160.39  Form of application for license or permit.

    Applications for licenses to inspect and permits to have inspections 
made by licensed inspectors shall be made to the Administrator upon 
forms provided for the purposes. Each such application shall fully and 
truly state the information therein required and shall be signed by the 
applicant.

[[Page 300]]



Sec.  160.40  Applicant for license to be examined.

    Each applicant for a license shall be required to demonstrate his 
qualifications and competency to perform the duties of an official 
inspector at such time and place and in such manner as may be determined 
by the Administrator.



Sec.  160.41  Issuance of temporary license.

    In a case of special urgency, and in the discretion of the 
Administrator, a temporary license may be issued without reference to 
Sec.  160.40 upon presentation of satisfactory evidence by the 
accredited processor of the need therefor and the competency of the 
applicant for such temporary license. Such processor shall receive 
prompt notice of the issuance of any such temporary license. A temporary 
licensee shall be subject to all the provisions in this part. A 
temporary license shall be valid for a specified period not to exceed 30 
days, except that if application is made for a permanent license by a 
person at the same time he applies for a temporary license, any 
temporary license issued to him shall not expire until a permanent 
license has been denied or granted.



Sec.  160.42  Limitation of license.

    The license issued by the Administrator to a licensed inspector of 
naval stores shall state the name of the processing plant or plants at 
which the licensee may perform the duties of an official inspector, and 
shall be countersigned by such official as may be designated and 
authorized.



Sec.  160.43  Licensed inspector to be disinterested.

    No person who determines or controls sales policies or methods of 
distribution of an eligible processing plant, or the selling prices of 
the naval stores processed at such plant, shall be licensed as an 
inspector.



Sec.  160.44  Other duties of licensed inspectors.

    A licensed inspector may perform duties other than those of an 
official inspector, to the extent indicated by the accredited processor 
and not disapproved in writing by the Administrator: Provided, That such 
additional duties not pertaining to the official inspection work shall 
not be permitted to interfere with the proper performance of the duties 
of the licensee as an official inspector.



Sec.  160.45  Conditions governing licensed inspection.

    The work performed by licensed inspectors under the provisions in 
this part shall be supervised and reviewed by authorized representatives 
of the Administrator, who shall issue to such licensed inspectors 
instructions for taking, preserving, and identifying samples; marking 
and maintaining the identity of containers when filled; preparing, 
issuing, and disposing of certificates; the keeping of adequate 
inspection records; and such other procedures as may be necessary in 
carrying out the licensed inspection. The handling, sampling, grading, 
marking, and certification of naval stores at an eligible processing 
plant by a licensed inspector shall be conducted in accordance with such 
instructions and the provisions in this part.



Sec.  160.46  Identification of containers.

    Containers packed with naval stores which have been inspected, 
classified, graded, and certified by a licensed inspector at an eligible 
processing plant shall be marked to show the name and location or other 
acceptable identification of the plant, and the legend ``U.S. Graded'' 
or ``U.S. Inspected'', and, in the case of rosin, the batch number 
indicating the date of production.



Sec.  160.47  Periodic re-inspection.

    Any eligible processing plant may from time to time be re-inspected 
and any rosin produced by such plant may be graded or re-graded by any 
official inspector authorized to make such examinations. The results of 
such examinations shall be made known only to the affected processor, 
the licensed inspector, and to such employees of the Department 
officially authorized to receive such information.



Sec.  160.48  Form of certificate.

    The certificates issued under this part by licensed inspectors shall 
be on forms approved by the Administrator.

[[Page 301]]



Sec.  160.49  Responsibility for inspection certificates and forms.

    Certificate forms and other inspection record forms may be issued to 
an accredited processor, and the said processor shall be responsible for 
and accountable to the Department for all such material supplied to him. 
He shall require the licensed inspector to submit or otherwise make 
disposition of issued certificates in accordance with instructions 
received from the Administrator.



Sec.  160.50  Reports to be made by accredited processors.

    Each accredited processor shall furnish the Administrator such 
reports and other information relative to the operation and output of 
his eligible processing plant as the Administrator may deem necessary or 
appropriate for the administration of the provisions in this part 
applicable to licensed inspection, subject to the approval of the Bureau 
of the Budget. Failure by an accredited processor to keep such records 
as may be necessary for him to submit correct reports, or failure by the 
processor to supply correct information to the Administrator shall be 
deemed a violation of the provisions in this part, and cause for 
suspension or revocation of his inspection permit.



Sec.  160.51  Report of non-conformance.

    Each licensed inspector shall promptly report to his supervising 
inspector and to the accredited processor, any evidence of which he has 
knowledge indicating non-conformance with the provisions in this part, 
and shall also so report any attempt or effort to influence him to 
sample, grade, or certify any naval stores incorrectly or contrary to 
the provisions in this part.



Sec.  160.52  Suspension or revocation of licenses.

    (a) Any license to inspect, grade, and certify naval stores may be 
suspended or revoked for repeated failure by the licensee correctly to 
inspect, grade, classify, or certify naval stores, or upon the 
persistence of any condition which renders him unfit to perform the 
duties of a licensed inspector, or for other continued non-conformance 
with any provision of the act or the provisions in this part. A license 
may be suspended for similar failures, conditions or non-conformance of 
shorter duration or less serious nature.
    (b) A license to inspect, grade and certify naval stores may be 
summarily suspended or revoked by any official authorized to issue or 
countersign such licenses where the public health, interest, or safety 
so requires or for willful acts or omissions by the licensee which 
constitute grounds for suspension or revocation of his license under 
paragraph (a) of this section. In all other cases, prior to the 
institution of proceedings for the suspension or revocation of a 
license, such authorized official shall cause to be served upon the 
licensee, in person or by registered mail, a statement of the facts 
which appear to warrant such suspension or revocation, specifying a 
reasonable time, depending upon the circumstances in each case, within 
which the licensee may demonstrate or achieve compliance with the act, 
and the provisions in this part. The licensee may demonstrate compliance 
by the presentation of evidence in writing or, in the discretion of such 
authorized official, at an oral hearing. If, at the end of the time 
allowed for the licensee to demonstrate or achieve compliance, such 
authorized official finds he is in compliance, his license shall not be 
suspended or revoked. If such authorized official finds the licensee is 
not in compliance, the license may be suspended or revoked after service 
upon the licensee, in person or by registered mail, of a notice that 
such action is under consideration for reasons specified in the 
statement of facts previously served upon him and after reasonable 
opportunity is given the licensee to present further evidence in his 
behalf. Within 7 days after receipt of notice of the suspension or 
revocation of his license, the inspector by letter may appeal to the 
Administrator for its reinstatement and may attach to such letter any 
evidence he may wish to submit.



Sec.  160.53  Stopping inspection by suspended inspector.

    An accredited processor upon receipt of notice of the suspension or 
revocation of a license shall discontinue the

[[Page 302]]

use of the licensee as an official inspector, and the marking of his 
products to indicate official inspection, until the suspension is 
lifted, or another inspector is licensed or assigned.



Sec.  160.54  Suspension or revocation of permits.

    (a) Any permit issued to an accredited processor to have naval 
stores inspected, graded, and certified by a licensed inspector may be 
suspended or revoked for the failure of the processor, after official 
notice, to correct any condition which renders his plant unqualified for 
licensed inspection service, or for repeated or continued non-
conformance with any other provision of the act or the provisions in 
this part. A permit may be suspended for similar non-conformance or 
failure of shorter duration or less serious nature.
    (b) A permit for licensed inspection may be summarily suspended or 
revoked by any official authorized to issue or countersign such permits 
where the public health, interest, or safety so requires or for willful 
acts or omissions by the permittee which constitute grounds for 
suspension or revocation of his permit under paragraph (a) of this 
section. In all other cases, prior to the institution of proceedings for 
the suspension or revocation of a permit, such authorized official shall 
cause to be served upon the permittee, in person or by registered mail, 
a statement of the facts which appear to warrant such suspension or 
revocation, specifying a reasonable time, depending upon the 
circumstances in each case, within which the permittee may demonstrate 
or achieve compliance with the act and the provisions in this part. The 
permittee may demonstrate compliance by the presentation of evidence in 
writing or, in the discretion of such authorized official, at an oral 
hearing. If, at the end of the time allowed for the permittee to 
demonstrate or achieve compliance, such authorized official finds he is 
in compliance, his permit shall not be suspended or revoked. If such 
authorized official finds the permittee is not in compliance, the permit 
may be suspended or revoked after service upon the permittee, in person 
or by registered mail, of a notice that such action is under 
consideration for reasons specified in the statement of facts previously 
served upon him after reasonable opportunity is given the permittee to 
present further evidence in his behalf. Within 7 days after receipt of 
notice of the suspension or revocation of his permit, the processor by 
letter may appeal to the Administrator for its reinstatement, and may 
attach to such letter any evidence he may wish to submit.



Sec.  160.55  Voluntary discontinuance of licensed inspection.

    An accredited processor desiring to discontinue the use of licensed 
inspectors for making official inspections, gradings, and certifications 
of naval stores, shall give not less than 30 days notice in writing to 
the Administrator of the intention to discontinue such service. At the 
termination of the service such processor shall surrender to the 
authorized representative of the Administrator the permit for licensed 
inspection, together with all unused certificates, forms, or other 
supplies and equipment furnished by the Department and held by the 
processor for the use of his licensed inspectors, other than standards 
or such other material as may be covered by a separate loan application 
or agreement.



Sec.  160.56  Compensation of licensed inspectors.

    Each licensed inspector shall be paid directly by the accredited 
processor for his services as an official inspector and for such other 
services or duties to which he may be assigned in accordance with Sec.  
160.44: Provided, That whenever the Administrator shall deem it to be in 
the best interest of the Federal inspection service, he may require such 
processor to report to him the terms and amounts of compensation paid to 
a licensed inspector during any specified period.



Sec.  160.57  Fees for licensed inspection permits.

    Each accredited processor shall pay to the Department annually such 
permit fee for each eligible processing plant for which a permit has 
been issued, as may be prescribed by the Administrator.

[[Page 303]]



Sec.  160.58  Fees for inspection and certification by licensed inspectors.

    Each accredited processor for whom naval stores have been inspected 
and certified hereunder by a licensed inspector during any calendar 
month shall on receipt of invoice pay to the Department the fee for each 
container of naval stores so inspected and certified as may be 
prescribed by the Administrator.



Sec.  160.59  Appeal inspections.

    Any inspection certificate issued by a licensed inspector may be 
appealed in writing to the Administrator, such appeal to state the 
circumstances, the certificate number, and the quantity and certified 
grade of the naval stores covered thereby. A prompt regrade inspection 
shall be made by an official inspector other than the original 
inspector.



Sec.  160.60  Charge for appeal inspection.

    If the findings in an appeal inspection confirm the original 
inspection, the accredited processor shall pay for such reinspection in 
accordance with the fees established for original inspections made by 
inspectors who are paid employees of the Department. If the findings do 
not confirm the original inspection, a corrected certificate will be 
issued and no charge will be made for re-inspection.

                        Certificates and Reports



Sec.  160.61  Kinds of certificates issued.

    A certificate as provided for by section 4 of the act shall be 
issued to the interested person in duplicate covering naval stores 
examined at his request, and additional copies, if desired, may be 
obtained from the inspector. The kind of certificates issued are as 
follows:
    (a) Turpentine analysis and classification certificate.
    (b) Turpentine field classification certificate.
    (c) Rosin classification and grade certificate.
    (d) Rosin grade and weight certificate.
    (e) Loan and sale certificate for United States graded rosin.
    (f) Classification and grade certificate for rosin in small 
containers.



Sec.  160.62  When a certificate may be issued.

    A certificate showing the results of any analysis, classification, 
or grading shall be issued on any naval stores which conform with a 
United States Standard as to kind and grade and which have been sampled 
by or under the direction and supervision of an official inspector in 
accordance with the provisions in this part. The certificate shall be 
valid only so long as the naval stores described therein shall remain 
under seal or in the identical condition obtaining at the time of their 
examination.



Sec.  160.63  When a certificate may not be issued.

    No certificate shall be issued for naval stores unless the naval 
stores have been packed, sampled, marked, and identified as required by 
the provisions in this part, and otherwise conform with the act and such 
provisions. The results of the examination of such naval stores or 
anything offered as such may be covered by a written report, which in no 
case shall be construed as a certificate.



Sec.  160.64  Issuance of loan and sale certificate.

    On request of the owner, a ``Loan and Sale Certificate for United 
States Graded Rosin'' (designated ``L. S. Certificate'' in this part) 
may be issued to cover any rosin for which a Rosin Classification and 
Grade Certificate has previously been issued by an official inspector, 
and which remains in the original container. No inspector shall issue 
and L. S. Certificate until he has made certain that the rosin had 
previously been officially inspected and certified. The request for such 
certificate may be made to the nearest inspector.



Sec.  160.65  Prior certification required.

    If an L. S. Certificate is desired for a quantity of rosin, a part 
of which has not been previously classified and graded by an official 
inspector and covered by a certificate, such part shall be so inspected, 
classified, graded, marked,

[[Page 304]]

and certified, as provided by the provisions in this part.

                 Fees and Charges for Services Rendered



Sec.  160.66  Fees for inspection services.

    The Administrator shall from time to time establish fees and charges 
for examination, sampling, classification, grading, analysis and 
certification of naval stores as he may deem fair and reasonable, and 
commensurate with the cost of the service rendered. Such fees and 
charges may be announced to the trade in such manner as the 
Administrator considers practicable.



Sec.  160.67  Fees under cooperative agreements.

    Fees and charges for any inspection and grading service covered by 
the terms of any cooperative agreement with any interested person may be 
established by and incorporated into such agreement.



Sec.  160.68  Collection of fees.

    Beginning October 1, 1981, all fees and charges assessed to 
interested parties for services rendered under the Naval Stores Act 
shall be collected by the Director, Tobacco Division, Agricultural 
Marketing Service, to cover insofar as practicable, all costs of 
providing such services. Such fees shall be credited to the Division in 
accordance with fiscal regulations of the Department.

[47 FR 3345, Jan. 25, 1982]



Sec.  160.69  Expenses to be borne by person requesting service.

    All expenses incurred by the United States in connection with the 
sampling, analysis, classification, or grading of naval stores on 
request, not otherwise provided for by suitable regulation, shall be 
borne by the person making the request.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955. Redesignated at 46 FR 47055, Sept. 24, 1981, as 
amended at 47 FR 3345, Jan. 25, 1982]



Sec.  160.70  Rendition of claims.

    As soon as practicable after the end of each month, or sooner if 
deemed advisable, there shall be mailed to each interested person at 
whose request any services have been performed, a claim for payment of 
moneys due the United States for the services rendered or for the loan 
or repair of any standards.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955. Redesignated at 46 FR 47055, Sept. 24, 1981, as 
amended at 47 FR 3345, Jan. 25, 1982]



Sec.  160.71  Delinquent claims.

    Any claim remaining unpaid after 30 days from the date of its 
rendition shall be considered as delinquent, and notice thereof shall be 
brought to the attention of the interested person. After a claim becomes 
delinquent, the Administrator shall suspend or deny inspection and 
related services to any interested party who has failed to make timely 
payment of the fees and charges assessed, as well as any claims which 
have been rendered, and shall take such action as may be necessary to 
collect any amounts due. A deposit in advance sufficient to cover the 
fees and expenses for any subsequent service may be required of any 
person failing to pay his claim after issuance of such notice of 
delinquency.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955. Redesignated and amended at 46 FR 47055, Sept. 
24, 1981; 47 FR 3345, Jan. 25, 1982]

                Loan and Care of United States Standards



Sec.  160.73  Availability of standards.

    (a) Standards available on loan. Duplicates of the United States 
Standards provided by the Department for classifying and grading rosin 
in commerce, shall remain the property of the Department, and may be 
loaned, but not sold, to such interested persons as may be approved by 
the Administrator. Any interested person desiring the loan of duplicates 
of the United States Standards for rosin shall submit to the 
Administrator a form application, properly signed, which will show his 
interest in naval stores and his eligibility to receive and use such 
duplicates, in accordance with the provisions in this part. Standards so 
loaned shall be returned promptly on request.
    (b) Standards available for purchase. Duplicate cubes for rosin 
standard

[[Page 305]]

grades XA, XB, and XC are not available from the Department but may be 
obtained commercially.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955; 33 FR 8722, June 14, 1968]



Sec.  160.74  Loan of standards without security.

    Duplicates of the United States Standards for rosin may be loaned 
without deposit of security, insofar as the supply in the possession of 
the Department will permit, to:
    (a) Any State, County, or Municipal official duly authorized to 
inspect and grade rosin, who is actually engaged in inspection and 
grading work, and who shall have been approved by the Administrator to 
act as custodian of such standards.
    (b) Any bona fide dealer or distributor of rosin who shall have been 
approved by the Administrator to act as depositary for such standards, 
and who shall maintain and operate a regular naval stores yard which is 
available to and is regularly used by other persons for the purpose of 
having rosin inspected, graded, stored, or sold thereon: Provided, 
however, That a person whose principal use of such standards is the 
grading of rosin of his own production shall not be deemed to come 
within the scope of this paragraph, but shall be required to post the 
security provided for in Sec.  160.75: And provided, further, That no 
person shall receive more than two sets of duplicates under this 
paragraph.
    (c) Any trade organization or institution of higher learning having 
a direct relationship to the production or marketing of naval stores 
other than by reason of the private interests or operations of its 
individual members, when in the opinion of the Administrator such 
standards are necessary to the normal functioning of the organization or 
institution.



Sec.  160.75  Loan of standards under security deposit.

    Duplicates of the United States Standards for rosin may be loaned to 
interested persons other than those specified in Sec.  160.74, on 
deposit with the Department of security in the sum of $100, by 
remittance payable to the Treasurer of the United States.



Sec.  160.76  Annual charge for use of standards.

    The cost of providing duplicates of the United States Standards for 
rosin, and of maintaining such duplicates in accurate and proper 
condition for use in grading rosin, and of keeping necessary records 
thereof, shall be borne by the interested persons to whom the duplicates 
have been issued under Sec.  160.74 (a) or (b) or Sec.  160.75, and 
shall be defrayed by an annual charge of $20.00 for each set of 
duplicates, payable at the end of each Government fiscal year, or on 
surrender of the duplicates, computed pro-rata for the number of 
quarters of the fiscal year during which the duplicates were held: 
Provided, That when any set of standards issued on loan shall need 
servicing more often than once in any fiscal year, in order to maintain 
them in accurate condition for grading, and the need for such extra 
servicing is deemed by the Administrator to be the result of improper 
handling and use of the standards by the interested person or his agent, 
such person shall pay an additional amount of $30.00 for each such 
additional servicing, plus the cost of any parts or components of the 
standards replaced in such servicing, and any postage charges incurred 
by the Department in connection therewith.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 
FR 6433, Sept. 1, 1955; 46 FR 47055, Sept. 24, 1981; 47 FR 3345, Jan. 
25, 1982]



Sec.  160.77  Reporting on use of standards.

    Each person to whom any duplicates of the United States Standards 
for rosin have been loaned under any provision in this part shall, from 
time to time, submit such reports on the use and condition thereof as 
may be required by the Administrator.



Sec.  160.78  Loss or damage of standards.

    In case any duplicates become damaged or are missing, the person to 
whom they were loaned shall promptly inform the Administrator in 
writing, stating what damage or loss was sustained and how the same 
occurred. The cost of making necessary repairs to

[[Page 306]]

any duplicates, or of replacing those damaged beyond repair, or missing, 
shall be paid promptly by the person to whom they were originally 
loaned.



Sec.  160.79  Request for additional standards.

    Any person to whom any duplicates have been loaned without security 
deposit, who shall request and be granted the loan of additional 
duplicates to replace the original ones, shall be required to deposit 
the security provided for in Sec.  160.75 prior to the loan of such 
additional duplicates. If the set of duplicates first loaned to such 
person, or any part thereof, is recovered, it shall be returned for 
inspection or repair. The cost of any repairs or replacements shall be 
paid, whereupon such original set may be returned to such person, and he 
shall surrender the second set, on receipt of which the security posted 
therefor shall be returned.



Sec.  160.80  Denial of loan of additional standards.

    It shall be deemed impracticable under the act to loan additional 
duplicates to any person who has permitted duplicates previously loaned 
to him, without security, to become lost, damaged, or destroyed, if in 
the opinion of the Administrator, such loss, damage, or destruction 
resulted from any failure on the part of the interested person or his 
agent to take suitable precaution to prevent the loss, damage, or 
destruction, or when the available supply of duplicates is deemed 
insufficient to warrant the loan of additional duplicates to such 
person.



Sec.  160.81  Surrender of standards.

    On the death of any person, or the dissolution or reorganization of 
any partnership, firm, or corporation, holding any duplicates of the 
United States Standards for rosin, they shall be promptly returned to 
the Administrator by the holder thereof.



Sec.  160.82  Return of security.

    The security deposit received from any person to whom duplicates of 
the United States Standards for rosin have been loaned will be held in 
the special deposit account of the Department, and the same will be 
returned to the person from whom received, or his legal representative, 
on surrender of the duplicates secured thereby: Provided, That before 
refund is made the cost of any repairs or replacement shall be deducted.



Sec.  160.83  Miscellaneous receipts.

    All moneys received or withheld to cover the cost of repairs, or of 
replacing any missing parts of duplicates, or as rental for duplicates, 
shall be paid into the United States Treasury as Miscellaneous Receipts.

                           Sales and Shipments



Sec.  160.84  Identification of shipments.

    The invoice or contract of sale of any naval stores in commerce 
shall identify and describe the article in accordance with the 
classification and the standard of kind and grade provided by the act or 
established by the Administrator.



Sec.  160.85  Sale of mixed turpentine not lawful.

    Since no standard has been provided for a mixture of two or more 
kinds of spirits of turpentine, the sale in commerce of any such mixture 
is prohibited under any designation.



Sec.  160.86  Prohibited use of United States Standards.

    It shall be deemed unlawful under any condition to sell, under or by 
reference to any United States Standard for naval stores, as provided by 
the act and defined in the regulations in this part, any article which 
fails to conform with such standard in all respects: Provided, That the 
phrase ``under or by reference to United States Standards'' as it 
appears in the act and the regulations in this part, shall include the 
use of any words, letters, brands, labels, or marks constituting any of 
the United States Standards for naval stores on any container of naval 
stores, on anything attached to or supplied therewith on delivery, or on 
any inspection, sale, or shipping record or invoice, in describing the 
kind, classification, or grade of the naval stores covered thereby.

[[Page 307]]



Sec.  160.87  Prohibited use of word ``turpentine'' or derivatives thereof.

    It shall be deemed unlawful to use in commerce the word 
``turpentine'' or a compound, derivative or imitation thereof, or any 
word or combination of words which are a part of a United States 
Standard for any kind of spirits of turpentine, to describe in any 
manner a mixture of spirits of turpentine with any other oil or solvent.



Sec.  160.88  Permitted use of words ``turpentine'' and ``rosin.''

    The use of the word ``turpentine'' or the word ``rosin'' is not 
prohibited in the name of an article made, prepared, or processed from 
spirits of turpentine or rosin, or to indicate the process whereby such 
article was made or prepared: Provided, That this section shall not 
apply to any article covered by Sec.  160.87.



Sec.  160.89  Medicinal preparations.

    A compound or mixture containing spirits of turpentine or rosin, or 
both, with other drugs, when sold for medicinal purposes, is not subject 
to the provisions of the Naval Stores Act or of the provisions in this 
part.

                    Labeling, Advertising and Packing



Sec.  160.90  False, misleading, or deceitful practices.

    No label or other means or practice used in connection with the sale 
of naval stores in commerce or of anything offered as such shall be 
false, misleading, or deceitful in any manner.



Sec.  160.91  Meaning of words ``pine'' and ``pine tree.''

    The words ``pine'' or ``pine tree,'' when used to designate the 
source of spirits of turpentine, shall be deemed to mean a living, 
growing plant of the genus Pinus, family Pinaceae, unless the words 
``wood of'' are used in connection therewith. The terms ``oleoresin of 
the southern pine'' or ``oleoresin from the southern pine'' shall be 
deemed to mean the gum or oleoresin exuded by such living, growing 
trees, the source of gum spirits of turpentine.



Sec.  160.92  Meaning of word ``gallon.''

    The word ``gallon,'' when used on or impressed into any container of 
spirits of turpentine, or when used in an invoice referring to spirits 
of turpentine in containers of 10 gallons content or less, shall mean a 
United States standard gallon of 231 cubic inches of turpentine, 
regardless of any other definitive terms used therewith: Provided, That 
this shall not apply to the meaning of the words ``imperial gallon'', 
when placed on containers intended for foreign shipment. For the purpose 
of these regulations a measured gallon of turpentine, or any indicated 
multiple or fractional part thereof, shall be such quantity when 
measured at a temperature of not more than 75 [deg]Fahrenheit, and a 
weighed gallon shall be construed to mean 7.2 pounds of turpentine.



Sec.  160.93  Powdered rosin.

    The classification and grade of any rosin sold in commerce in a 
powdered or finely broken condition shall be stated in the invoice or 
contract of sale in accordance with the kind and grade of the rosin 
before it was powdered or broken. For the purpose of preventing 
coalescence there may be incorporated in such article a limited and 
necessary quantity of inert, nonresinous foreign material: Provided, 
That the nature and quantity of such inert material shall be stated on 
the label.



Sec.  160.94  Spirits of turpentine for medicinal use.

    Spirits of turpentine so packed, described, labeled, or sold as to 
indicate that it is offered as a medicament shall nevertheless be 
subject to the requirements of the Naval Stores Act and of the 
provisions in this part, as well as any requirements under any other 
statute.

                    Proceedings in Case of Violation



Sec.  160.95  Proceedings prior to reporting violations of the act.

    Whenever it shall appear to the Administrator that any violation of 
the act should be reported to the United States Department of Justice 
for appropriate action, he shall serve notice in writing upon the person 
apparently responsible for the alleged violation

[[Page 308]]

and shall give such person an opportunity to show in duplicate to the 
Administrator within 20 days after the receipt of such notice why the 
alleged violation should not be reported to the Department of Justice. 
The person so notified may within the period stated apply for an 
opportunity to present his views in person, or by his attorney. If the 
Administrator deems the request appropriate he will designate a time and 
place for hearing the applicant.



Sec.  160.96  Report of violations for prosecution.

    In the event of failure of the person notified of an apparent 
violation of the act to submit to the Administrator a written answer as 
provided in Sec.  160.95, or if, after such person has filed his answer 
or in addition, been given an opportunity to present his views orally, 
no sufficient reason has been shown why the alleged violation should not 
be reported for prosecution, the General Counsel of the Department, 
acting for and on behalf of the Administrator, shall report the alleged 
violation to the Department of Justice for appropriate action.



Sec.  160.97  Publication.

    Composite data regarding inspections, analyses, classifications, and 
grading of naval stores made under any provision of the act or the 
provisions in this part may be published from time to time in such 
mediums as the Administrator may designate for the purpose.

               Specific Fees Payable for Services Rendered



Sec.  160.201  Fees generally for field inspection and certification 
of naval stores and drum containers of rosin.

    Except as provided in Sec.  160.204, the following fees shall be 
paid to the United States for the field inspection and certification of 
naval stores and drum containers of rosin, not conducted under a 
cooperative agreement and where laboratory analysis or testing is not 
required:
    (a) Inspections by licensed inspectors at eligible processing 
plants.
    (1) Rosin (grading and incidental certification as to class, 
condition and weight).
    (i) In drums (see Note 1) per drum--$1.24.
    (ii) In 100 pound bags (see Note 1) per bag--$.23.
    (iii) In tank cars, per car--$67.50.
    (iv) In tank trucks, per truck--$34.00.
    (2) Turpentine (Grading and incidental certification as to class, 
condition and volume).
    (i) In 55 gallon drums, per drum--$2.25.
    (ii) In tank cars or trucks, per unit of 100 gallons--$1.41.
    (iii) In bulk for delivery to tank steamer, per unit of 100 
gallons--$2.25.
    (b) Inspections by regularly employed, salaried Federal inspectors.
    (1) Rosin.
    (i) Grading and weighing at concentration and storage yards, per 
drum--$4.05.
    (ii) Irregular inspection and grading at distillation or processing 
plants, up to 400 drums, per drum--$3.60; all over 400 drums, per drum--
$2.25.
    (iii) Weighing at concentration and storage yards, subsequent to 
grading, per drum--$2.25.
    (iv) Examination of the external or internal appearance and 
condition of filled rosin drums, and of the rosin contained therein--See 
Note 2 and Sec.  160.204.
    (v) Re-certification under L.S. Certificate of rosin moving in 
commerce, per drum--$.23.
    (2) Turpentine (inspection and certification as to kind, condition, 
volume, etc.).
    (i) In drums of 55 gallons, per drum--$3.38.
    (ii) In tank cars or trucks, per unit of 100 gallons--$2.81.
    (iii) For bulk delivery to tank steamer, per unit of 100 gallons--
$2.25.
    Note 1: When the number of drums and bags inspected and certified at 
any plant during any calendar month is equivalent to a total of 2,400 or 
more drums (counting five bags as equivalent to one drum), the fee shall 
be computed at the rate of $1.01 per drum and $.18 per bag certified. 
For quantities less than the equivalent of 2,400 drums, the fee shall be 
computed at the prescribed rate of $1.24 per drum and $.23 per bag.
    Note 2: The inspection or related examination of containers of rosin 
and their contents under Section B(1)(iv) shall be performed only after 
the inspector or the Chief of the Marketing Programs Branch has been 
advised regarding the location, nature, scope, and purpose of the 
service desired, and the

[[Page 309]]

charge to be made therefore has been submitted to and accepted by the 
requesting person.

[47 FR 3345, Jan. 25, 1982]



Sec.  160.202  Fees generally for laboratory analysis and testing.

    Except as provided in Sec.  160.204, the following fees shall be 
paid to the United States for laboratory analysis and testing of naval 
stores, when not performed in the conduct of a cooperative agreement 
with respect to such products:
    (a) Rosin and turpentine. (See Note 3).
    (1) Comprehensive analysis to determine purity, specification 
compliance, or other chemical and physical properties related thereto:
    (i) Single Sample--$40.00.
    (ii) Two or more samples analyzed at same time per sample--$35.00.
    (2) Limited testing to determine kind, grade, or other factors 
related to quality of utility.

(i) Single Sample:
    (A) Rosin--$14.00.
    (B) Turpentine--$10.00.

(ii) Two or more samples tested at same time:
    (A) Rosin--per sample--$10.00.
    (B) Turpentine--per sample--$8.00.
    Note 3: The analysis and testing of rosin involves many different 
types of laboratory procedures, requiring variable time for performance, 
and including other cost factors. The charge for such analysis and 
testing will depend on the type and extent of the work required to 
supply the information desired by the interested person requesting the 
service. When it appears that the charges indicated in this section will 
not defray the costs of making the tests required, the interested person 
shall be informed before any work is performed and will be supplied with 
a cost estimate of the actual charges to be made. See also Sec.  
160.204.

[47 FR 3345, Jan. 25, 1982]



Sec.  160.203  Fees for inspection and certification of other naval 
stores material.

    Whenever it shall be deemed practical and in the interest of the 
naval stores trade to sample, inspect, analyze and certify any naval 
stores material other than spirits of turpentine or rosin, at the 
request of an interested person, the fees for such inspection shall be 
the same as the fees prescribed for spirits of turpentine.

[17 FR 189, Jan. 8, 1952]



Sec.  160.204  Fees for extra cost and hourly rate service.

    The fees specified in Sec. Sec.  160.201 and 160.202 apply to the 
routine field inspection and usual laboratory work incident to the 
certification of commodities covered by those sections. Should 
additional work be required to provide special information desired by 
the person requesting service, or should it be necessary for an 
inspector to make a special trip or to deviate from his regular schedule 
of travel, or should the fees prescribed in Sec. Sec.  160.201 and 
160.202 otherwise be insufficient to defray the cost to the Government 
for rendering such service, then the person requesting the service shall 
pay, in lieu of the prescribed fees, an amount computed by the 
Department as sufficient to defray the total cost thereof, including 
allowances for time spent in collecting and preparing samples obtaining 
identification records, traveling, performing laboratory tests or other 
necessary work, and also any expense incurred for authorized 
transportation and subsistence of the inspector or analyst while in 
travel status. The charge for time so spent shall be computed at the 
rate of $17.80 per hour for laboratory and field inspection work. The 
overtime rate for services performed outside the inspector's regularly 
scheduled tour of duty shall be $21.30. The rate of $26.70 shall be 
charged for work performed on Sundays or holidays.

[47 FR 3345, Jan. 25, 1982]



Sec.  160.205  Permit fees for eligible processing plants under licensed 
inspection.

    Initial permit fee--$20.00.
    Annual renewal permit fee--$20.00.
    Note: The renewal permit fee shall be reduced to $10 per year when 
the inspection fees paid by the eligible processing plant aggregate $200 
or more during the preceding fiscal year ended September 30, and shall 
be waived when such fees aggregate $400 or more during such fiscal year. 
Such reduced permit fee shall apply only in case the eligible processing 
plant has made use of the licensed inspection service.

[47 FR 3346, Jan. 25, 1982]

[[Page 310]]



                       SUBCHAPTERS G-H [RESERVED]



[[Page 311]]



                      SUBCHAPTER K_FEDERAL SEED ACT





PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents




          Rules and Regulations of the Secretary of Agriculture

                               definitions

Sec.
201.1 Meaning of words.
201.2 Terms defined.

                             administration

201.3 Administrator.

              records for agricultural and vegetable seeds

201.4 Maintenance and accessibility.
201.5 Origin.
201.6 Germination.
201.7 Purity (including variety).
201.7a Treated seed.

                       labeling agricultural seeds

201.8 Contents of the label.
201.9 Kind.
201.10 Variety.
201.11 Type.
201.11a Hybrid.
201.12 Name of kind and variety.
201.12a Lawn and turf seed mixtures.
201.13 Lot number or other identification.
201.14 Origin.
201.15 Weed seeds.
201.16 Noxious-weed seeds.
201.17 Noxious-weed seeds in the District of Columbia.
201.18 Other agricultural seeds (crop seeds).
201.19 Inert matter.
201.20 Germination.
201.21 Hard seed.
201.22 Date of test.
201.23 Name of shipper or consignee.
201.24 Code designation.
201.24a Inoculated seed.

                        labeling vegetable seeds

201.25 Contents of the label.
201.26 Kind, variety, and hybrid.
201.27 Name of shipper or consignee.
201.28 Code designation.
201.29 Germination of vegetable seed in containers of 1 pound or less.
201.29a Germination of vegetable seed in containers of more than 1 
          pound.
201.30 Hard seed.
201.30a Date of test.
201.30b Lot number or other lot identification of vegetable seed in 
          containers of more than 1 pound.
201.31 Germination standards for vegetable seeds in interstate commerce.

                           labeling in general

201.31a Labeling treated seed.
201.32 Screenings.
201.33 Seed in bulk or large quantities; seed for cleaning or 
          processing.
201.34 Kind, variety, and type; treatment substances; designation as 
          hybrid.
201.35 Blank spaces.
201.36 The words ``free'' and ``none.''

                          modifying statements

201.36a Disclaimers and nonwarranties.

                               advertising

201.36b Name of kind and variety; designation as hybrid.
201.36c Hermetically-sealed containers.

                               inspection

201.37 Authorization.
201.38 Importations.

                sampling in the administration of the act

201.39 General procedure.
201.40 Bulk.
201.41 Bags.
201.42 Small containers.
201.43 Size of sample.
201.44 Forwarding samples.

            purity analysis in the administration of the act

201.45 Obtaining the working sample.
201.46 Weight of working sample.
201.47 Separation.
201.47a Seed unit.
201.47b Working samples.
201.48 Kind or variety considered pure seed.
201.49 Other crop seed.
201.50 Weed seed.
201.51 Inert matter.
201.51a Special procedures for purity analysis.
201.51b Purity procedures for coated seed.
201.52 Noxious-weed seeds.

           germination tests in the administration of the act

201.53 Source of seeds for germination.
201.54 Number of seeds for germination.
201.55 Retests.
201.55a Moisture and aeration of substratum.
201.56 Interpretation.
201.56-1 Goosefoot family, Chenopodiaceae and Carpetweed family 
          Aizoaceae.
201.56-2 Sunflower family, Asteraceae (Compositae).
201.56-3 Mustard family, Brassicaceae (Cruciferae).
201.56-4 Cucurbit family (Cucurbitaceae).

[[Page 312]]

201.56-5 Grass family, Poaceae (Gramineae).
201.56-6 Legume or pea family, Fabaceae (Leguminosae).
201.56-7 Lily family, Liliaceae.
201.56-8 Flax family, Linaceae.
201.56-9 Mallow family, Malvaceae.
201.56-10 Spurge family, Euphorbiaceae.
201.56-11 Knotweed family, Polygonaceae.
201.56-12 Miscellaneous plant families.
201.57 Hard seeds.
201.57a Dormant seeds.
201.58 Substrata, temperature, duration of test, and certain other 
          specific directions for testing for germination and hard seed.

              examinations in the administration of the act

201.58a Indistinguishable seeds.
201.58b Origin.
201.58c Detection of captan, mercury, or thiram on seed.
201.58d Fungal endophyte test.

                               tolerances

201.59 Application.
201.60 Purity percentages.
201.61 Fluorescence percentages in ryegrasses.
201.62 Tests for determination of percentages of kind, variety, type, 
          hybrid, or offtype.
201.63 Germination.
201.64 Pure live seed.
201.65 Noxious weed seeds in interstate commerce.
201.66 [Reserved]

                             certified seed

201.67 Seed certifying agency standards and procedures.
201.68 Eligibility requirements for certification of varieties.
201.69 Classes of certified seed.
201.70 Limitations of generations for certified seed.
201.71 Establishing the source of all classes of certified seed.
201.72 Production of all classes of certified seed.
201.73 Processors and processing of all classes of certified seed.
201.74 Labeling of all classes of certified seed.
201.75 Interagency certification.
201.76 Minimum Land, Isolation, Field, and Seed Standards.

  Additional Requirements for the Certification of Plant Materials of 
                              Certain Crops

201.77 Length of stand requirements.
201.78 Pollen control for hybrids.

    Authority: 7 U.S.C. 1592.
    Note: Approved by the Office of Management and Budget under OMB 
control number 0581-0026 (47 FR 746, Jan. 7, 1982)

          Rules and Regulations of the Secretary of Agriculture

                               Definitions



Sec.  201.1  Meaning of words.

    Words in the regulations in this part in the singular form shall be 
deemed to import the plural, and vice versa, as the case may demand.

[5 FR 28, Jan. 4, 1940]



Sec.  201.2  Terms defined.

    When used in the regulations in this part the terms as defined in 
section 101 of the Act, unless modified in this section as provided in 
the Act, shall apply with equal force and effect. In addition, as used 
in Sec. Sec.  201.1 through 201.159:
    (a) The Act. The term ``Act'' means the FSA approved August 9, 1939 
(53 Stat. 1275; 7 U.S.C. 1551-1611 as amended);
    (b) Person. The term ``person'' includes a partnership, corporation, 
company, society, association, receiver, or trustee;
    (c) Secretary. The term ``Secretary'' means the Secretary of 
Agriculture of the United States, or any officer or employee of the 
Department to whom authority has heretofore been delegated, or to whom 
authority may hereafter be delegated, to act in his stead;
    (d) Hearing Clerk. The term ``Hearing Clerk'' means the Hearing 
Clerk, United States Department of Agriculture, Washington, DC;
    (e) Respondent. The term ``respondent'' means a person against whom 
a complaint is issued;
    (f) Examiner. The term ``examiner'' means an employee of the 
Department of Agriculture, designated by the Secretary to conduct 
hearings under the act, and Sec. Sec.  201.1 through 201.159;
    (g) Federal Register. The term ``Federal Register'' means the 
publication provided by the Act of July 26, 1935 (49 Stat. 500), and 
acts supplementary thereto and amendatory thereof;
    (h) Agricultural seeds. The term ``agricultural seeds'' means the 
following kinds of grass, forage, and field crop

[[Page 313]]

seeds, that are used for seeding purposes in the United States:
Agrotricum--x Agrotriticum Ciferri and Giacom.
Alfalfa--Medicago sativa L.
Alfilaria--Erodium cicutarium (L.) L'Her.
Alyceclover--Alysicarpus vaginalis (L.) DC.
Bahiagrass--Paspalum notatum Fluegge
Barley--Hordeum vulgare L.
Barrelclover--Medicago truncatula Gaertn.
Bean, adzuki--Vigna angularis (Willd.) Ohwi and Ohashi
Bean, field--Phaseolus vulgaris L.
Bean, mung--Vigna radiata (L.) Wilczek
Beet, field--Beta vulgaris L. subsp. vulgaris
Beet, sugar--Beta vulgaris L. subsp. vulgaris
Beggarweed, Florida--Desmodium tortuosum (Sw.) DC.
Bentgrass, colonial--Agrostis capillaris L.
Bentgrass, creeping--Agrostis stolonifera L. var. palustris (Huds.) 
Farw.
Bentgrass, velvet--Agrostis canina L.
Bermudagrass--Cynodon dactylon (L.) Pers. var. dactylon
Bermudagrass, giant--Cynodon dactylon (L.) Pers. var. Aridus Harlan and 
de Wet
Bluegrass, annual--Poa annua L.
Bluegrass, bulbous--Poa bulbosa L.
Bluegrass, Canada--Poa compressa L.
Bluegrass, glaucantha--Poa glauca Vahl
Bluegrass, Kentucky--Poa pratensis L.
Bluegrass, Nevada--Poa secunda J.S. Presl
Bluegrass, rough--Poa trivialis L.
Bluegrass, Texas--Poa arachnifera Torr.
Bluegrass, wood--Poa nemoralis L.
Bluejoint--Calamagrostis canadensis (Michx.) P. Beauv.
Bluestem, big--Andropogon gerardii Vitm. var. gerardii
Bluestem, little--Schizachyrium scoparium (Michx.) Nash
Bluestem, sand--Andropogon hallii Hack.
Bluestem, yellow--Bothriochloa ischaemum (L.) Keng
Bottlebrush-squirreltail--Elymus elymoides (Raf.) Swezey
Brome, field--Bromus arvensis L.
Brome, meadow--Bromus biebersteinii Roem. and Schult.
Brome, mountain--Bromus marginatus Steud.
Brome, smooth--Bromus inermis Leyss.
Broomcorn--Sorghum bicolor (L.) Moench
Buckwheat--Fagopyrum esculentum Moench
Buffalograss--Buchloe dactyloides (Nutt.) Engelm.
Buffelgrass--Cenchrus ciliaris L.
Burclover, California--Medicago polymorpha L.
Burclover, spotted--Medicago arabica (L.) Huds.
Burnet, little--Sanguisorba minor Scop.
Buttonclover--Medicago orbicularis (L.) Bartal.
Canarygrass--Phalaris canariensis L.
Canarygrass, reed--Phalaris arundinacea L.
Carpetgrass--Axonopus fissifolius (Raddi) Kuhlm.
Castorbean--Ricinus communis L.
Chess, soft--Bromus hordeaceus L.
Chickpea--Cicer arietinum L.
Clover, alsike--Trifolium hybridum L.
Clover, arrowleaf--Trifolium vesiculosum Savi
Clover, berseem--Trifolium alexandrinum L.
Clover, cluster--Trifolium glomeratum L.
Clover, crimson--Trifolium incarnatum L.
Clover, Kenya--Trifolium semipilosum Fresen.
Clover, ladino--Trifolium repens L.
Clover, lappa--Trifolium lappaceum L.
Clover, large hop--Trifolium campestre Schreb.
Clover, Persian--Trifolium resupinatum L.
Clover, red or
    Red clover, mammoth--Trifolium pratense L.
    Red clover, medium--Trifolium pratense L.
Clover, rose--Trifolium hirtum All.
Clover, small hop or suckling--Trifolium dubium Sibth.
Clover, strawberry--Trifolium fragiferum L.
Clover, sub or subterranean--Trifolium subterraneum L.
Clover, white--Trifolium repens L. (also see Clover, ladino)
Clover--(also see Alyceclover, Burclover, Buttonclover, Sourclover, 
Sweetclover)
Corn, field--Zea mays L.
Corn, pop--Zea mays L.
Cotton--Gossypium spp.
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Crambe--Crambe abyssinica R.E. Fries
Crested dogtail--Cynosurus cristatus L.
Crotalaria, lance--Crotalaria lanceolata E. Mey.
Crotalaria, showy--Crotalaria spectabilis Roth
Crotalaria, slenderleaf--Crotalaria brevidens Benth. var. intermedia 
(Kotschy) Polh.
Crotalaria, striped or smooth--Crotalaria pallida Ait.
Crotalaria, sunn--Crotalaria juncea L.
Crownvetch--Coronilla varia L.
Dallisgrass--Paspalum dilatatum Poir.
Dichondra--Dichondra repens Forst. and Forst. f.
Dropseed, sand--Sporobolus cryptandrus (Torr.) A. Gray
Emmer--Triticum dicoccon Schrank
Fescue, chewings--Festuca rubra L. subsp. commutata Gaud.
Fescue, hair--Festuca tenuifolia Sibth.
Fescue, hard--Festuca brevipila Tracey
Fescue, meadow--Festuca pratensis Huds.
Fescue, red--Festuca rubra L. subsp. rubra
Fescue, sheep--Festuca ovina L. var. ovina
Fescue, tall--Festuca arundinacea Schreb.
Flatpea--Lathyrus sylvestris L.
Flax--Linum usitatissimum L.
Foxtail, creeping--Alopecurus arundinaceus Poir.
Foxtail, meadow--Alopecurus pratensis L.
Galletagrass--Hilaria jamesii (Torr.) Benth.
Grama, blue--Bouteloua gracilis (Kunth) Steud.

[[Page 314]]

Grama, side-oats--Bouteloua curtipendula (Michx.) Torr.
Guar--Cyamopsis tetragonoloba (L.) Taub.
Guineagrass--Panicum maximum Jacq. var. maximum
Hardinggrass--Phalaris stenoptera Hack.
Hemp--Cannabis sativa L.
Indiangrass, yellow--Sorghastrum nutans (L.) Nash
Indigo, hairy--Indigofera hirsuta L.
Japanese lawngrass--Zoysia japonica Steud.
Johnsongrass--Sorghum halepense (L.) Pers.
Kenaf--Hibiscus cannabinus L.
Kochia, forage--Kochia prostrata (L.) Schrad.
Kudzu--Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen and S. 
Almeida
Lentil--Lens culinaris Medik.
Lespedeza, Korean--Kummerowia stipulacea (Maxim.) Makino
Lespedeza, sericea or Chinese--Lespedeza cuneata
(Dum.-Cours.) G. Don
Lespedeza, Siberian--Lespedeza juncea (L. f.) Pers.
Lespedeza, striate--Kummerowia striata (Thunb.) Schindler
Lovegrass, sand--Eragrostis trichodes (Nutt.) Wood
Lovegrass, weeping--Eragrostis curvula (Schrad.) Nees
Lupine, blue--Lupinus angustifolius L.
Lupine, white--Lupinus albus L.
Lupine, yellow--Lupinus luteus L.
Manilagrass--Zoysia matrella (L.) Merr.
Medic, black--Medicago lupulina L.
Milkvetch or cicer milkvetch--Astragalus cicer L.
Millet, browntop--Brachiaria ramosa (L.) Stapf
Millet, foxtail--Setaria italica (L.) Beauv.
Millet, Japanese--Echinochloa frumentacea Link
Millet, pearl--Pennisetum glaucum (L.) R. Br.
Millet, proso--Panicum miliaceum L.
Molassesgrass--Melinis minutiflora Beauv.
Mustard, black--Brassica nigra (L.) Koch
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, white--Sinapis alba L.
Napiergrass--Pennisetum purpureum Schumach.
Needlegrass, green--Stipa viridula Trin.
Oat--Avena byzantina C. Koch, A. sativa L., A. nuda L.
Oatgrass, tall--Arrhenatherum elatius (L.) J.S. Presl and K.B. Presl
Orchardgrass--Dactylis glomerata L.
Panicgrass, blue--Panicum antidotale Retz.
Panicgrass, green--Panicum maximum Jacq. var. trichoglume Robyns
Pea, field--Pisum sativum L.
Peanut--Arachis hypogaea L.
Poa trivialis--(see Bluegrass, rough)
Rape, annual--Brassica napus L. var. annua Koch
Rape, bird--Brassica rapa L. subsp. rapa
Rape, turnip--Brassica rapa L. subsp. silvestris (Lam.) Janchen
Rape, winter--Brassica napus L. var. biennis (Schubl. and Mart.) Reichb.
Redtop--Agrostis gigantea Roth
Rescuegrass--Bromus catharticus Vahl
Rhodesgrass--Chloris gayana Kunth
Rice--Oryza sativa L.
Ricegrass, Indian--Oryzopsis hymenoides (Roem. and Schult.) Ricker
Roughpea--Lathyrus hirsutus L.
Rye--Secale cereale L.
Rye, mountain--Secale strictum (K.B. Presl) K.B. Presl subsp. strictum
Ryegrass, annual or Italian--Lolium multiflorum Lam.
Ryegrass, intermediate--Loliumxhybridum Hausskn.
Ryegrass, perennial--Lolium perenne L.
Ryegrass, Wimmera--Lolium rigidum Gaud.
Safflower--Carthamus tinctorius L.
Sagewort, Louisiana--Artemisia ludoviciana Nutt.
Sainfoin--Onobrychis viciifolia Scop.
Saltbush, fourwing--Atriplex canescens (Pursh) Nutt.
Sesame--Sesamum indicum L.
Sesbania--Sesbania exaltata (Raf.) A.W. Hill
Smilo--Piptatherum miliaceum (L.) Coss.
Sorghum--Sorghum bicolor (L.) Moench
Sorghum almum--Sorghumxalmum L. Parodi
Sorghum-sudangrass--Sorghumxdrummondii (Steud.) Millsp. and Chase
Sorgrass--Rhizomatous derivatives of a johnsongrassxsorghum cross or a 
johnsongrassxsudangrass cross
Southernpea--(See Cowpea)
Sourclover--Melilotus indicus (L.) All.
Soybean--Glycine max (L.) Merr.
Spelt--Triticum spelta L.
Sudangrass--Sorghumxdrummondii (Steud.) Millsp. and Chase
Sunflower--Helianthus annuus L.
Sweetclover, white--Melilotus albus Medik.
Sweetclover, yellow--Melilotus officinalis Lam.
Sweet vernalgrass--Anthoxanthum odoratum L.
Sweetvetch, northern--Hedysarum boreale Nutt.
Switchgrass--Panicum virgatum L.
Timothy--Phleum pratense L.
Timothy, turf--Phleum bertolonii DC.
Tobacco--Nicotiana tabacum L.
Trefoil, big--Lotus uliginosus Schk.
Trefoil, birdsfoot--Lotus corniculatus L.
Triticale--x Triticosecale Wittm. (SecalexTriticum)
Vaseygrass--Paspalum urvillei Steud.
Veldtgrass--Ehrharta calycina J.E. Smith
Velvetbean--Mucuna pruriens (L.) DC. var. utilis (Wight) Burck
Velvetgrass--Holcus lanatus L.
Vetch, common--Vicia sativa L. subsp. sativa
Vetch, hairy--Vicia villosa Roth subsp. villosa
Vetch, Hungarian--Vicia pannonica Crantz
Vetch, monantha--Vicia articulata Hornem.

[[Page 315]]

Vetch, narrowleaf or blackpod--Vicia sativa L. subsp. nigra (L.) Ehrh.
Vetch, purple--Vicia benghalensis L.
Vetch, woollypod or winter--Vicia villosa Roth subsp. varia (Host) Corb.
Wheat, common--Triticum aestivum L.
Wheat, club--Triticum compactum Host
Wheat, durum--Triticum durum Desf.
Wheat, Polish--Triticum polonicum L.
Wheat, poulard--Triticum turgidum L.
WheatxAgrotricum--TriticumxAgrotriticum
Wheatgrass, beardless--Pseudoroegneria spicata (Pursh) A. Love
Wheatgrass, crested or fairway crested--Agropyron cristatum (L.) Gaertn.
Wheatgrass, crested or standard crested--Agropyron desertorum (Link) 
Schult.
Wheatgrass, intermediate--Elytrigia intermedia (Host) Nevski subsp. 
intermedia
Wheatgrass, pubescent--Elytrigia intermedia (Host) Nevski subsp. 
intermedia
Wheatgrass, Siberian--Agropyron fragile (Roth) Candargy subsp. sibiricum 
(Willd.) Meld.
Wheatgrass, slender--Elymus trachycaulus (Link) Shinn.
Wheatgrass, streambank--Elymus lanceolatus (Scribn. and J.G. Smith) 
Gould subsp. lanceolatus
Wheatgrass, tall--Elytrigia elongata (Host) Nevski
Wheatgrass, western--Pascopyrum smithii (Rydb.) A. Love
Wildrye, basin--Leymus cinereus (Scribn. and Merr.) A. Love
Wildrye, Canada--Elymus canadensis L.
Wildrye, Russian--Psathyrostachys juncea (Fisch.) Nevski
Zoysia japonica--(see Japanese
lawngrass)
Zoysia matrella--(see Manilagrass)
    (i) Vegetable seeds. The term ``vegetable seeds'' means the seeds of 
the following kinds that are or may be grown in gardens or on truck 
farms and are or may be generally known and sold under the name of 
vegetable seeds:
Artichoke--Cynara cardunculus L. subsp. cardunculus
Asparagus--Asparagus officinalis Baker
Asparagusbean or yard-long bean--Vigna unguiculata (L.)
Walp. subsp. sesquipedalis (L.) Verdc.
Bean, garden--Phaseolus vulgaris L.
Bean, lima--Phaseolus lunatus L.
Bean, runner or scarlet runner--Phaseolus coccineus L.
Beet--Beta vulgaris L. subsp. vulgaris
Broadbean--Vicia faba L.
Broccoli--Brassica oleracea L. var. botrytis L.
Brussels sprouts--Brassica oleracea L. var. gemmifera DC.
Burdock, great--Arctium lappa L.
Cabbage--Brassica oleracea L. var. capitata L.
Cabbage, Chinese--Brassica rapa L. subsp. pekinensis (Lour.) Hanelt
Cabbage, tronchuda--Brassica oleracea L. var. costata DC.
Cantaloupe--(see Melon)
Cardoon--Cynara cardunculus L. subsp. cardunculus
Carrot--Daucus carota L. subsp. sativus (Hoffm.) Arcang.
Cauliflower--Brassica oleracea L. var. botrytis L.
Celeriac--Apium graveolens L. var. rapaceum (Mill.) Gaud.
Celery--Apium graveolens L. var. dulce (Mill.) Pers.
Chard, Swiss--Beta vulgaris L. subsp. cicla (L.) Koch
Chicory--Cichorium intybus L.
Chives--Allium schoenoprasum L.
Citron--Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides 
(Bailey) Mansf.
Collards--Brassica oleracea L. var. acephala DC.
Corn, sweet--Zea mays L.
Cornsalad--Valerianella locusta (L.) Laterrade
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Cress, garden--Lepidium sativum L.
Cress, upland--Barbarea verna (Mill.) Asch.
Cress, water--Rorippa nasturtium-aquaticum (L.) Hayek
Cucumber--Cucumis sativus L.
Dandelion--Taraxacum officinale Wigg.
Dill--Anethum graveolens L.
Eggplant--Solanum melongena L.
Endive--Cichorium endivia L.
Favabean (see Broadbean)
Gherkin, West India--Cucumis anguria L.
Kale--Brassica oleracea L. var. acephala DC.
Kale, Chinese--Brassica oleracea L. var. alboglabra (Bailey) Musil
Kale, Siberian--Brassica napus L. var. pabularia (DC.) Reichb.
Kohlrabi--Brassica oleracea L. var. gongylodes L.
Leek--Allium porrum L.
Lettuce--Lactuca sativa L.
Melon--Cucumis melo L.
Muskmelon--(see Melon).
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, spinach--Brassica perviridis (Bailey) Bailey
Okra--Abelmoschus esculentus (L.) Moench
Onion--Allium cepa L.
Onion, Welsh--Allium fistulosum L.
Pak-choi--Brassica rapa L. subsp. chinensis (L.) Hanelt
Parsley--Petroselinum crispum (Mill.) A.W. Hill
Parsnip--Pastinaca sativa L.
Pea--Pisum sativum L.
Pepper--Capsicum spp.
Pe-tsai--(see Chinese cabbage).
Pumpkin--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima 
Duchesne
Radish--Raphanus sativus L.
Rhubarb--Rheum rhabarbarum L.

[[Page 316]]

Rutabaga--Brassica napus L. var. napobrassica (L.) Reichb.
Sage--Salvia officinalis L.
Salsify--Tragopogon porrifolius L.
Savory, summer--Satureja hortensis L.
Sorrel--Rumex acetosa L.
Southernpea--(see Cowpea)
Soybean--Glycine max (L.) Merr.
Spinach--Spinacia oleracea L.
Spinach, New Zealand--Tetragonia tetragonioides (Pall.) Ktze.
Squash--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima 
Duchesne
Tomato--Lycopersicon esculentum Mill.
Tomato, husk--Physalis pubescens L.
Turnip--Brassica rapa L. subsp. rapa
Watermelon--Citrullus lanatus (Thunb.) Matsum. and Nakai var. lanatus
    (j) Regulations. The term ``regulations'' means the rules and 
regulations promulgated by the Secretary of Agriculture and the joint 
rules and regulations promulgated by the Secretary of the Treasury and 
the Secretary of Agriculture under the act.
    (k) Joint regulations. The term ``joint regulations'' means the 
joint rules and regulations promulgated by the Secretary of the Treasury 
and the Secretary of Agriculture.
    (l) Complete record. (1) The term ``complete record'' means 
information which relates to the origin, treatment, germination, and 
purity (including variety) of each lot of agricultural seed transported 
or delivered for transportation in interstate commerce, or which relates 
to the treatment, germination, and variety of each lot of vegetable seed 
transported or delivered for transportation in interstate commerce. Such 
information includes seed samples and records of declarations, labels, 
purchases, sales, cleaning, bulking, treatment, handling, storage, 
analyses, tests, and examinations.
    (2) The complete record kept by each person for each treatment 
substance or lot of seed consists of the information pertaining to his 
own transactions and the information received from others pertaining to 
their transactions with respect to each treatment substance or lot of 
seed.
    (m) Declaration. The term ``declaration'' means a written statement 
of a grower, shipper, processor, dealer, or importer giving for any lot 
of seed the kind, variety, type, origin, or the use for which the seed 
is intended.
    (n) Declaration of origin. The term ``declaration of origin'' means 
a declaration of a grower or country shipper in the United States 
stating for each lot of agricultural seed (1) kind of seed, (2) lot 
number or other identification, (3) State where seed was grown and the 
county where grown if to be labeled showing the origin as a portion of a 
State, (4) quantity of seed, (5) date shipped or delivered, (6) to whom 
sold, shipped, or delivered, and (7) the signature and address of the 
grower or country shipper issuing the declaration. If the declaration is 
issued by a grower and the identity of the person delivering the seed is 
unknown to the receiver, the motor vehicle license number or other 
identification of the delivering agency should be entered on the 
declaration by the receiver. If a country shipper's declaration includes 
seed shipped or delivered to him by another country shipper, it shall 
give for each lot the other country shipper's lot number as included in 
the other country shipper's declaration of origin.
    (o) Declaration of kind, variety, or type. The term ``declaration of 
kind, variety, or type'' means a declaration of a grower stating for 
each lot of seed (1) the name of the kind, variety, or type stated in 
accordance with Sec. Sec.  201.9 through 201.12, (2) lot number or other 
identification, (3) place where seed was grown, (4) quantity of seed, 
(5) date shipped or delivered, (6) to whom sold, shipped or delivered, 
and (7) the signature and address of the grower issuing the declaration.
    (p) Mixture. The term ``mixture'' means seeds consisting of more 
than one kind or variety, each present in excess of 5 percent of the 
whole.
    (q) Coated Seed. The term ``coated seed'' means any seed unit 
covered with any substance that changes the size, shape, or weight of 
the original seed. Seeds coated with ingredients such as, but not 
limited to, rhizobia, dyes, and pesticides are excluded.
    (r) Grower. The term ``grower'' means any person who produces 
directly or through a growing contract, or is a seed-crop sharer in seed 
which is sold, offered for sale, transported, or offered for 
transportation.
    (s) Country shipper. The term ``country shipper'' means any person 
located

[[Page 317]]

in a producing area who purchases seed locally for shipment to seed 
dealers or to other country shippers.
    (t) Dealer. The term ``dealer'' means any person who cleans, 
processes, sells, offers for sale, transports, or delivers for 
transportation seeds in interstate commerce.
    (u) Consumer. The term ``consumer'' means any person who purchases 
or otherwise obtains seed for sowing but not for resale.
    (v) Lot of seed. The term ``lot of seed'' means a definite quantity 
of seed identified by a lot number, every portion or bag of which is 
uniform, within permitted tolerances, for the factors which appear in 
the labeling.
    (w) Purity. The term ``purity'' means the name or names of the kind, 
type, or variety and the percentage or percentages thereof; the 
percentage of other agricultural seed or crop seed; the percentage of 
weed seeds, including noxious weed seeds; the percentage of inert 
matter; and the names of the noxious weed seeds and the rate of 
occurrence of each.
    (x) Inoculant. The term ``inoculant'' means a commercial preparation 
containing nitrogen-fixing bacteria applied to seed.
    (y) Hybrid. The term ``hybrid'' applied to kinds or varieties of 
seed means the first generation seed of a cross produced by controlling 
the pollination and by combining (1) two or more inbred lines; (2) one 
inbred or a single cross with an open pollinated variety; or (3) two 
selected clones, seed lines, varieties, or species. ``Controlling the 
pollination'' means to use a method of hybridization which will produce 
pure seed which is at least 75 percent hybrid seed. Hybrid designations 
shall be treated as variety names.
    (z) Processing. For the purpose of section 203 (b)(2)(C) of the act 
the term ``processing'' means cleaning, scarifying, or blending to 
obtain uniform quality, and other operations which would change the 
purity or germination of the seed and therefore require retesting to 
determine the quality of the seed, but does not include operations such 
as packaging, labeling, blending together of uniform lots of the same 
kind or variety without cleaning, or the preparation of a mixture 
without cleaning, any of which would not require retesting to determine 
the quality of the seed.
    (aa) Agricultural Marketing Service means the Agricultural Marketing 
Service, United States Department of Agriculture.
    (bb) Breeder seed. Breeder seed is a class of certified seed 
directly controlled by the originating or sponsoring plant breeding 
institution, or person, or designee thereof, and is the source for the 
production of seed of the other classes of certified seed.
    (cc) Foundation seed. Foundation seed is a class of certified seed 
which is the progeny of Breeder or Foundation seed and is produced and 
handled under procedures established by the certifying agency, in 
accordance with this part, for producing the Foundation class of seed, 
for the purpose of maintaining genetic purity and identity.
    (dd) Registered seed. Registered seed is a class of certified seed 
which is the progeny of Breeder or Foundation seed and is produced and 
handled under procedures established by the certifying agency, in 
accordance with this part, for producing the Registered class of seed, 
for the purpose of maintaining genetic purity and identity.
    (ee) Certified seed. Certified seed is a class of certified seed 
which is the progeny of Breeder, Foundation, or Registered seed, except 
as provided in Sec.  201.70, and is produced and handled under 
procedures established by the certifying agency, in accordance with this 
part, for producing the Certified class of seed, for the purpose of 
maintaining genetic purity and identity.
    (ff) Off-type. The term ``off-type'' means a plant or seed which 
deviates in one or more characteristics from that which has been 
described in accordance with Sec.  201.68(c) as being usual for the 
strain or variety.
    (gg) Inbred line. The term ``inbred line'' means a relatively true-
breeding strain resulting from at least five successive generations of 
controlled self-fertilization or of backcrossing to a recurrent parent 
with selection, or its equivalent, for specific characteristics.
    (hh) Single cross. The term ``single cross'' means the first 
generation hybrid between two inbred lines.

[[Page 318]]

    (ii) Foundation single cross. The term ``foundation single cross'' 
means a single cross used in the production of a double cross, a three-
way, or a top cross.
    (jj) Double cross. The term ``double cross'' means the first 
generation hybrid between two single crosses.
    (kk) Top cross. The term ``top cross'' means the first generation 
hybrid of a cross between an inbred line and an open-pollinated variety 
or the first-generation hybrid between a single cross and an open-
pollinated variety.
    (ll) Three-way cross. The term ``three-way cross'' means a first 
generation hybrid between a single cross and an inbred line.
    (mm) Open-pollination. The term ``open-pollination'' means 
pollination that occurs naturally as opposed to controlled pollination, 
such as by detasselling, cytoplasmic male sterility, self-
incompatibility or similar processes.

[5 FR 28, Jan. 4, 1940]

    Editorial Note: For Federal Register citations affecting Sec.  
201.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

                             administration



Sec.  201.3  Administrator.

    The Administrator of the Agricultural Marketing Service may perform 
such duties as the Secretary require in enforcing the provisions of the 
act and of the regulations in this part.

[5 FR 30, Jan. 4, 1940, as amended at 13 FR 8731, Dec. 30, 1948; 19 FR 
57, Jan. 6, 1954; 59 FR 66491, Dec. 14, 1994]

              records for agricultural and vegetable seeds



Sec.  201.4  Maintenance and accessibility.

    (a) Each person transporting or delivering for transportation in 
interstate commerce agricultural or vegetable seed subject to the act 
shall keep for a period of 3 years a complete record of each lot of such 
seed so transported or delivered, including a sample representing each 
lot of such seed, except that any seed sample may be discarded 1 year 
after the entire lot represented by such sample has been disposed of by 
such person.
    (b) Each sample of agricultural seed retained shall be at least the 
weight required for a noxious-weed seed examination as set forth in 
Sec.  201.46 and each sample of vegetable seed retained shall consist of 
at least 400 seeds. The record shall be kept in such manner as to permit 
comparison with the records required to be kept by other persons for the 
same lot of seed so that the origin, treatment, germination, and purity 
(including variety) of agricultural seed and the treatment, germination 
and variety of vegetable seed may be traced from the grower to the 
ultimate consumer and so that the lot of seed may be correctly labeled. 
The record shall be accessible for inspection by the authorized agents 
of the Secretary for purposes of the effective administration of the act 
at any time during customary business hours.

[24 FR 3951, May 15, 1959, as amended at 32 FR 12778, Sept. 6, 1967]



Sec.  201.5  Origin.

    (a) The complete record for any lot of seed of alfalfa, red clover, 
white clover, or field corn, except hybrid seed corn, shall include a 
declaration of origin, or information traceable to a declaration of 
origin or evidence showing that a declaration of origin could not be 
obtained.
    (b) Each country shipper shall retain a copy of each declaration 
which he issues and shall attach thereto a detailed record showing the 
names and addresses of growers or country shippers from whom the seed 
was purchased, the quantity of seed purchased from each, and the date on 
which it was delivered to him.

[5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955]



Sec.  201.6  Germination.

    The complete record shall include the records of all laboratory 
tests for germination and hard seed for each lot of seed offered for 
transportation in whole or in part. The record shall show the kind of 
seed, lot number, date of test, percentage of germination and hard 
seeds, and such other information

[[Page 319]]

as may be necessary to show the method used.

[5 FR 30, Jan. 4, 1940]



Sec.  201.7  Purity (including variety).

    The complete record for any lot of seed shall include (a) records of 
analyses, tests, and examinations including statements of weed seeds, 
noxious weed seeds, inert matter, other agricultural seeds, and of any 
determinations of kind, variety, or type and a description of the 
methods used; and (b) for seeds indistinguishable by seed 
characteristics, records necessary to disclose the kind, variety, or 
type, including a grower's declaration of kind, variety, or type or an 
invoice, or other document establishing the kind, variety, or type to be 
that stated, and a representative sample of the seed. The grower's 
declaration shall be obtained and kept by the person procuring the seed 
from the grower. A copy of the grower's declaration and a sample of the 
seed shall be retained by the grower.

[5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 24 FR 
3951, May 15, 1959]



Sec.  201.7a  Treated seed.

    The complete record for any lot consisting of or containing treated 
seed shall include records necessary to disclose the name of any 
substance or substances used in the treatment of such seed, including a 
label or invoice or other document received from any person establishing 
the name of any substance or substances used in the treatment to be as 
stated, and a representative sample of the treated seed.

[32 FR 12778, Sept. 6, 1967]

                       labeling agricultural seeds



Sec.  201.8  Contents of the label.

    The label shall contain the required information in any form that is 
clearly legible and complies with the regulations in this part. The 
information may be on a tag attached securely to the container, or may 
be printed in a conspicuous manner on a side or the top of the 
container. The label may contain information in addition to that 
required by the act, provided such information is not misleading.

[5 FR 30 Jan. 4, 1940, as amended at 24 FR 3952, May 15, 1959]



Sec.  201.9  Kind.

    The name of each kind of seed present in excess of 5 percent shall 
be shown on the label and need not be accompanied by the word ``kind.'' 
When two or more kinds of seed are named on the label, the name of each 
kind shall be accompanied by the percentage of each. When only one kind 
of seed is present in excess of 5 percent and no variety name or type 
designation is shown, the percentage of that kind may be shown as ``pure 
seed'' and such percentage shall apply only to seed of the kind named.

[5 FR 30, Jan. 4, 1940]



Sec.  201.10  Variety.

    (a) The following kinds of agricultural seeds are generally labeled 
as to variety and shall be labeled to show the variety name or the words 
``Variety Not Stated.''
    Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, 
smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, 
field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, 
striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Rice; 
Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; 
Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, 
durum.
    (b) If the name of the variety is given, the name may be associated 
with the name of the kind with or without the words ``kind and 
variety.'' The percentage in such case, which may be shown as ``pure 
seed,'' shall apply only to seed of the variety named, except for the 
labeling of hybrids as provided in Sec.  201.11a. If separate 
percentages for the kind and the variety or hybrid are shown, the name 
of the kind and the name of the variety or the term ``hybrid'' shall be 
clearly associated with the respective percentages. When two or more 
varieties are present in excess of 5 percent and are named on the label, 
the name of each

[[Page 320]]

variety shall be accompanied by the percentage of each.

[32 FR 12778, Sept. 6, 1967, and 33 FR 10840, July 31, 1968, as amended 
at 35 FR 6108, Apr. 15, 1970; 59 FR 64491, Dec. 14, 1994]



Sec.  201.11  Type.

    (a) When type is designated, such designation may be associated with 
the name of the kind but shall in all cases be clearly associated with 
the word ``type.'' The percentage, which may be shown as ``pure seed'', 
shall apply only to the type designated. If separate percentages for the 
kind and the type are shown, such percentages shall be clearly 
associated with the name of the kind and the name of the type.
    (b) If the type designation does not include a variety name, it 
shall include a name descriptive of a group of varieties of similar 
character and the pure seed shall be at least 90 percent of one or more 
varieties all of which conform to the type designation.
    (c) If the name of a variety is used as a part of the type 
designation, the seed shall be of that variety and may contain: (1) An 
admixture of seed of other indistinguishable varieties of the same kind 
and of similar character; or, (2) an admixture of indistinguishable 
seeds having genetic characteristics dissimilar to the variety named by 
reason of cross-fertilization with other varieties. In either case, at 
least 90 percent of the pure seed shall be of the variety named or upon 
growth shall produce plants having characteristics similar to the 
variety named.

[5 FR 30, Jan. 4, 1940]



Sec.  201.11a  Hybrid.

    If any one kind or kind and variety of seed present in excess of 5 
percent is ``hybrid'' seed, it shall be designated ``hybrid'' on the 
label. The percentage that is hybrid shall be at least 95 percent of the 
percentage of pure seed shown unless the percentage of pure seed which 
is hybrid seed is shown separately. If two or more kinds or varieties 
are present in excess of 5 percent and are named on the label, each that 
is hybrid shall be designated as hybrid on the label. Any one kind or 
kind and variety that has pure seed which is less than 95 percent but 
more than 75 percent hybrid seed as a result of incompletely controlled 
pollination in a cross shall be labeled to show (a) the percentage of 
pure seed that is hybrid seed or (b) a statement such as ``Contains from 
75 percent to 95 percent hybrid seed.'' No one kind or variety of seed 
shall be labeled as hybrid if the pure seed contains less than 75 
percent hybrid seed.

[33 FR 10840, July 31, 1968]



Sec.  201.12  Name of kind and variety.

    The representation of kind or kind and variety shall be confined to 
the name of the kind or kind and variety determined in accordance with 
Sec.  201.34. The name shall not have affixed thereto words or terms 
that create a misleading impression as to the history or characteristics 
of the kind or variety.

[20 FR 7929, Oct. 21, 1955]



Sec.  201.12a  Lawn and turf seed mixtures.

    Seed mixtures intended for lawn and turf purposes shall be 
designated as a mixture on the label and each seed component shall be 
listed on the label in the order of predominance.

[49 FR 1172, Jan. 10, 1984]



Sec.  201.13  Lot number or other identification.

    The lot number or other identification shall be shown on the label 
and shall be the same as that used in the records pertaining to the same 
lot of seed.

[5 FR 30, Jan. 4, 1940, as amended at 59 FR 64491, Dec. 14, 1994]



Sec.  201.14  Origin.

    (a) Alfalfa, red clover, white clover, and field corn (except hybrid 
seed corn) shall be labeled to show: (1) The origin, if known; or (2) if 
the origin is not known, the statement ``origin unknown.''
    (b) Whenever such seed originates in more than one State, the name 
of each State and the percentage of seed originating in each State shall 
be given in the order of its predominance. Whenever such seed originates 
in a portion of a State, it shall be permissible to label such seed as 
originating in such portion of a State.

[[Page 321]]

    (c) Reasonable precautions to insure that the origin of seed is 
known shall include the maintaining of a record as described in Sec.  
201.5. The examination of the seed and any pertinent facts may be taken 
into consideration in determining whether reasonable precautions have 
been taken to insure the origin to be that which is represented.

[5 FR 31, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 32 FR 
12779, Sept. 6, 1967]



Sec.  201.15  Weed seeds.

    The percentage of weed seeds shall include seeds of plants 
considered weeds in the State into which the seed is offered for 
transportation or transported and shall include noxious weed seeds.

[5 FR 31, Jan. 4, 1940]



Sec.  201.16  Noxious-weed seeds.

    (a) Except for those kinds of noxious-weed seeds shown in paragraph 
(b) of this section, the names of the kinds of noxious-weed seeds and 
the rate of occurrence of each shall be expressed in the label in 
accordance with, and the rate of occurrence shall not exceed the rate 
permitted by, the law and regulations of the state into which the seed 
is offered for transportation or is transported. If in the course of 
such transportation, or thereafter, the seed is diverted to another 
State of destination, the person or persons responsible for such 
diversion shall cause the seed to be relabeled with respect to the 
noxious-weed seed content, if necessary to conform to the laws and 
regulations of the State into which the seed is diverted.
    (b) Seeds or bulblets of the following plants shall be considered 
noxious-weed seeds in agricultural and vegetable seeds transported or 
delivered for transportation in interstate commerce (including Puerto 
Rico, Guam, and the District of Columbia). Agricultural or vegetable 
seed containing seeds or bulblets of these kinds shall not be 
transported or delivered for transportation in interstate commerce. 
Noxious-weed seeds include the following species on which no tolerance 
will be applied:

Aeginetia spp.
Ageratina adenophora (Spreng.) King and H.E. Robins.
Alectra spp.
Alternanthera sessilis (L.) DC.
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Dur.)
Azolla pinnata R. Br.
Borreria alata (Aubl.) DC.
Carthamus oxyacantha M. Bieb.
Chrysopogon aciculatus (Retz.) Trin.
Commelina benghalensis L.
Crupina vulgaris Cass.
Digitaria abyssinica Stapf.(=D. scalarum (Schweinf.) Chiov.)
Digitaria velutina (Forsk.) Beauv.
Drymaria arenarioides Roem. and Schult.
Eichornia azurea (Sw.) Kunth
Emex australis Steinh.
Emex spinosa (L.) Campd.
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Hydrilla verticillata (L. f.) Royle
Hygrophila polysperma T. Anders.
Imperata brasiliensis Trin.
Imperata cylindrica (L.) Raeusch.
Ipomoea aquatica Forsk.
Ipomoea triloba L.
Ischaemum rugosum Salisb.
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burm. f.) B.L. Robins.
Mikania micrantha H.B.K.
Mimosa invisa Mart.
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Sloms-Laub.
Monochoria vaginalis (Burm. f.) K.B. Presl
Nassella trichotoma (Nees) Arechavaleta
Opuntia aurantiaca Lindl.
Orobanche spp.
Oryza longistaminata A. Cheval. and Roehr.
Oryza punctata Steud.
Oryza rufipogon Griff.
Ottelia alismoides (L.) Pers.
Paspalum scrobiculatum L.
Pennisetum clandestinum Chiov.
Pennisetum macrourum Trin.
Pennisetum pedicellatum Trin.
Pennisetum polystachion (L.) Schult.
Prosopis alapataco R.A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart
Prosopis calingastana Burkart
Prosopis campestris Griseb.
Prosopis castellanosii Burkart
Prosopis denudans Benth.
Prosopis elata (Burkart) Burkart
Prosopis farcta (Russell) Macbride
Prosopis ferox Griseb.
Prosopis fiebrigii Harms
Prosopis hassleri Harms

[[Page 322]]

Prosopis humilis Hook. and Arn.
Prosopis kuntzei Harms
Prosopis pallida (Willd.) H.B.K.
Prosopis palmeri S. Watson
Prosopis reptans Benth. var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Griseb.
Prosopis sericantha Hook. and Arn.
Prosopis strombulifera (Lam.) Benth.
Prosopis torquata (Lagasca) DC.
Rottboellia cochinchinensis (Lour.) Clayton (=R. exaltata (L.) L.f.)
Rubus fruticosus L. (complex)
Rubus moluccanus L.
Saccharum spontaneum L.
Sagittaria sagittifolia L.
Salsola vermiculata L.
Salvinia auriculata Aubl.
Salvinia biloba Raddi
Salvinia herzogii de la Sota
Salvinia molesta D.S. Mitchell
Setaria pallide-fusca (Schumach.) Stapf and Hubb.
Solanum torvum Sw.
Solanum viarum Dunal
Sparaganium erectum L.
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauv.

[65 FR 1706, Jan. 11, 2000]



Sec.  201.17  Noxious-weed seeds in the District of Columbia.

    (a) Noxious-weed seeds in the District of Columbia are: Quackgrass 
(Elytrigia repens), Canada thistle (Cirsium arvense), field bindweed 
(Convolvulus arvensis), bermudagrass (Cynodon dactylon), giant 
bermudagrass (Cynodon dactylon var. aridus), annual bluegrass (Poa 
annua), and wild garlic or wild onion (Allium canadense or Allium 
vineale). The name and number per pound of each kind of such noxious-
weed seeds present shall be stated on the label.
    (b) [Reserved]

[65 FR 1707, Jan. 11, 2000]



Sec.  201.18  Other agricultural seeds (crop seeds).

    Agricultural seeds other than those included in the percentage or 
percentages of kind, variety, or type may be expressed as ``crop seeds'' 
or ``other crop seeds,'' but the percentage shall include collectively 
all kinds, varieties, or types not named upon the label.

[5 FR 31, Jan. 4, 1940]



Sec.  201.19  Inert matter.

    The label shall show the percentage by weight of inert matter.

[5 FR 31, Jan. 4, 1940]



Sec.  201.20  Germination.

    The label shall show the percentage of germination each kind, or 
kind and variety, or kind and type, or kind and hybrid of agricultural 
seed present in excess of 5 percent or shown in the labeling to be 
present in a proportion of 5 percent or less: Provided, That this shall 
not apply to freshly harvested Kentucky bluegrass or sugar beet seed 
transported or delivered for transportation during the months of July, 
August, and September for seeding during the year in which the seed is 
produced.

[24 FR 3953, May 15, 1959, as amended at 32 FR 12779, Sept. 6, 1967; 59 
FR 64491, Dec. 14, 1994]



Sec.  201.21  Hard seed.

    The label shall show the percentage of hard seed, if any is present, 
for any seed required to be labeled as to the percentage of germination, 
and the percentage of hard seed shall not be included as part of the 
germination percentage.

[24 FR 3953, May 15, 1959]



Sec.  201.22  Date of test.

    (a) The label shall show the month and year in which the germination 
test was completed. No more than 5 calendar months shall have elapsed 
between the last day of the month in which the germination test was 
completed and the date of transportation or delivery for transportation 
in interstate commerce, except for seed in hermetically sealed 
containers as provided in Sec.  201.36c in which case no more than 24 
calendar months shall have elapsed between the last day of the month in 
which the germination test was completed prior to packaging and the date 
of transportation or delivery for transportation in interstate commerce.
    (b) In the case of a seed mixture, it is only necessary to state the 
calendar month and year of such test for the kind or variety or type of 
agricultural seed contained in such mixture which has the oldest 
calendar month and year

[[Page 323]]

test date among the test conducted on all the kinds or varieties or 
types of agricultural seed contained in such mixture.
    (c) The following kinds shall be tested within the indicated time 
before interstate shipment:

------------------------------------------------------------------------
                                                                 Months
                                                               from test
           Agricultural seeds and mixtures thereof              date to
                                                                shipment
------------------------------------------------------------------------
Bentgrass, Colonial..........................................         15
Bentgrass, Creeping..........................................         15
Bluegrass, Kentucky..........................................         15
Fescue, Chewings.............................................         15
Fescue, Hard.................................................         15
Fescue, Red..................................................         15
Fescue, Tall.................................................         15
Ryegrass, Annual.............................................         15
Ryegrass, Perennial..........................................         15
------------------------------------------------------------------------


[5 FR 31, Jan. 4, 1940, as amended at 32 FR 12779, Sept. 6, 1967; 49 FR 
1172, Jan. 10, 1984; 59 FR 64491, Dec. 14, 1994]



Sec.  201.23  Name of shipper or consignee.

    The full name and address of either the shipper or consignee shall 
appear upon the label. If the name and address of the shipper are not 
shown upon the label, a code designation identifying the shipper shall 
be shown.

[5 FR 31, Jan. 4, 1940]



Sec.  201.24  Code designation.

    The code designation used in lieu of the full name and address of 
the person who transports or delivers seed for transportation in 
interstate commerce shall be approved by the Administrator of the 
Agricultural Marketing Service or such other person as may be designated 
by him for the purpose. When used, the code designation shall appear on 
the label in a clear and legible manner.

[5 FR 31, Jan. 4, 1940, as amended at 13 FR 8731, Dec. 30, 1948; 19 FR 
57, Jan. 6, 1954]



Sec.  201.24a  Inoculated seed.

    Seed claimed to be inoculated shall be labeled to show the month and 
year beyond which the inoculant on the seed is no longer claimed to be 
effective by a statement such as, ``Inoculant not claimed to be 
effective after--------(Month and year).''

[32 FR 12779, Sept. 6, 1967]

                        labeling vegetable seeds



Sec.  201.25  Contents of the label.

    Vegetable seed in packets and in larger containers shall be labeled 
with the required information in any form that is clearly legible. Any 
tag used shall be securely attached to the container. The label may 
contain information in addition to that required by the act, provided 
such information is not misleading.

[5 FR 31, Jan. 4, 1940]



Sec.  201.26  Kind, variety, and hybrid.

    The label shall bear the name of each kind and variety present as 
determined in accordance with Sec.  201.34. The name shall not have 
affixed thereto words or terms that create a misleading impression as to 
the history or characteristics of kind or variety. If two or more kinds 
or varieties are present, the percentage of each shall be shown. If any 
one kind or variety named on the label is ``hybrid'' seed, it shall be 
so designated on the label. If two or more kinds or varieties are named 
on the label, each that is hybrid shall be shown as ``hybrid'' on the 
label. Any kind or variety that is less than 95 percent but more than 75 
percent hybrid seed as a result of incompletely controlled pollination 
in a cross shall be labeled to show (a) the percentage that is hybrid 
seed or (b) a statement such as ``Contains from 75 percent to 95 percent 
hybrid seed.'' No one kind or variety of seed shall be labeled as hybrid 
if it contains less than 75 percent hybrid seed.

[33 FR 10841, July 31, 1968, as amended at 59 FR 64491, Dec. 14, 1994]



Sec.  201.27  Name of shipper or consignee.

    The full name and address of either the shipper, or consignee, shall 
appear upon the label except that if the name and address of the shipper 
are not shown, a code designation identifying the shipper shall be 
shown.

[5 FR 31, Jan. 4, 1940]



Sec.  201.28  Code designation.

    The code designation used in lieu of the full name and address of 
the person who transports or delivers seed for transportation in 
interstate commerce

[[Page 324]]

shall be approved by the Administrator of the Agricultural Marketing 
Service or such other person as may be designated by him for the 
purpose. When used, the code designation shall appear on the label in a 
clear and legible manner.

[5 FR 31, Jan. 4, 1940, as amended at 13 FR 8731, Dec. 30, 1948; 19 FR 
57, Jan. 6, 1954]



Sec.  201.29  Germination of vegetable seed in containers of 1 pound or less.

    Vegetable seeds in containers of 1 pound or less which have a 
germination equal to or better than the standard set forth in Sec.  
201.31 need not be labeled to show the percentage of germination and 
date of test. Each variety of vegetable seed which has a germination 
percentage less than the standard set forth in Sec.  201.31 shall have 
the words ``Below Standard'' clearly shown in a conspicuous place on the 
label or on the face of the container in type no smaller than 8 points. 
Each variety which germinates less than the standard shall also be 
labeled to show the percentage of germination and the percentage of hard 
seed (if any).

[32 FR 12779, Sept. 6, 1967]



Sec.  201.29a  Germination of vegetable seed in containers of more than 1 pound.

    Each variety of vegetable seeds in containers of more than 1 pound 
shall be labeled to show the percentage of germination and the 
percentage of hard seed (if any).

[32 FR 12779, Sept. 6, 1967]



Sec.  201.30  Hard seed.

    The label shall show the percentage of hard seed, if any is present, 
for any seed required to be labeled as to the percentage of germination, 
and the percentage of hard seed shall not be included as part of the 
germination percentage.

[32 FR 12779, Sept. 6, 1967]



Sec.  201.30a  Date of test.

    When the percentage of germination is required to be shown, the 
label shall show the month and year in which the germination test was 
completed. No more than 5 calendar months shall have elapsed between the 
last day of the month in which the germination test was completed and 
the date of transportation or delivery for transportation in interstate 
commerce, except for seed in hermetically sealed containers in which 
case no more than 24 calendar months shall have elapsed between the last 
day of the month in which the germination test was completed prior to 
packaging and the date of transportation or delivery for transportation 
in interstate commerce.

[32 FR 12779, Sept. 6, 1967]



Sec.  201.30b  Lot number or other lot identification of vegetable seed 
in containers of more than 1 pound.

    The lot number or other lot identification of vegetable seed in 
containers of more than 1 pound shall be shown on the label and shall be 
the same as that used in the records pertaining to the same lot of seed.

[35 FR 6108, Apr. 15, 1970]



Sec.  201.31  Germination standards for vegetable seeds in interstate commerce.

    The following germination standards for vegetable seeds in 
interstate commerce, which shall be construed to include hard seed, are 
determined and established under section 403(c) of the act:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Artichoke....................................................         60
Asparagus....................................................         70
Asparagusbean................................................         75
Bean, garden.................................................         70
Bean, lima...................................................         70
Bean, runner.................................................         75
Beet.........................................................         65
Broadbean....................................................         75
Broccoli.....................................................         75
Brussels sprouts.............................................         70
Burdock, great...............................................         60
Cabbage......................................................         75
Cabbage, tronchuda...........................................         70
Cardoon......................................................         60
Carrot.......................................................         55
Cauliflower..................................................         75
Celeriac.....................................................         55
Celery.......................................................         55
Chard, Swiss.................................................         65
Chicory......................................................         65
Chinese cabbage..............................................         75
Chives.......................................................         50
Citron.......................................................         65
Collards.....................................................         80
Corn, sweet..................................................         75
Cornsalad....................................................         70
Cowpea.......................................................         75
Cress, garden................................................         75

[[Page 325]]

 
Cress, upland................................................         60
Cress, water.................................................         40
Cucumber.....................................................         80
Dandelion....................................................         60
Dill.........................................................         60
Eggplant.....................................................         60
Endive.......................................................         70
Kale.........................................................         75
Kale, Chinese................................................         75
Kale, Siberian...............................................         75
Kohlrabi.....................................................         75
Leek.........................................................         60
Lettuce......................................................         80
Melon........................................................         75
Mustard, India...............................................         75
Mustard, spinach.............................................         75
Okra.........................................................         50
Onion........................................................         70
Onion, Welsh.................................................         70
Pak-choi.....................................................         75
Parsley......................................................         60
Parsnip......................................................         60
Pea..........................................................         80
Pepper.......................................................         55
Pumpkin......................................................         75
Radish.......................................................         75
Rhubarb......................................................         60
Rutabaga.....................................................         75
Sage.........................................................         60
Salsify......................................................         75
Savory, summer...............................................         55
Sorrel.......................................................         65
Soybean......................................................         75
Spinach......................................................         60
Spinach, New Zealand.........................................         40
Squash.......................................................         75
Tomato.......................................................         75
Tomato, husk.................................................         50
Turnip.......................................................         80
Watermelon...................................................         70
------------------------------------------------------------------------


[59 FR 64491, Dec. 14, 1994]

                           labeling in general



Sec.  201.31a  Labeling treated seed.

    (a) Contents of label. Any agricultural seed or any mixture thereof 
or any vegetable seed or any mixture thereof, for seeding purposes, that 
has been treated shall be labeled in type no smaller than 8 point to 
indicate that the seed has been treated and to show the name of any 
substance or a description of any process (other than application of a 
substance) used in such treatment, in accordance with this section; for 
example,
    Treated with -------------------- (name of substance or process) or 
-------------------- (name of substance or process) treated.

If the substance used in such treatment in the amount remaining with the 
seed is harmful to humans or other vertebrate animals, the seed shall 
also bear a label containing additional statements as required by 
paragraphs (c) and (d) of this section. The label shall contain the 
required information in any form that is clearly legible and complies 
with the regulations in this part. The information may be on the tag 
bearing the analysis information or on a separate tag, or it may be 
printed in a conspicuous manner on a side or top of the container.
    (b) Name of substance. The name of any substance as required by 
paragraph (a) of this section shall be the commonly accepted coined, 
chemical (generic), or abbreviated chemical name. Commonly accepted 
coined names are free for general use by the public, are not private 
trade-marks, and are commonly recognized as names of particular 
substances; such as thiram, captan, lindane, and dichlone. Examples of 
commonly accepted chemical (generic) names are: blue- stone, calcium 
carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, and ethyl 
mercury acetate. The terms ``mercury'' or ``mercurial'' may be used in 
labeling all types of mercurials. Examples of commonly accepted 
abbreviated chemical names are: BHC (1, 2, 3, 4, 5, 6-
Hexachlorocyclohexane) and DDT (dichloro diphenyl 
trichloro[chyph]ethane).
    (c) Mercurials and similarly toxic substances. (1) Seed treated with 
a mercurial or similarly toxic substance, if any amount remains with the 
seed, shall be labeled to show a representation of a skull and 
crossbones at least twice the size of the type used for information 
required to be on the label under paragraph (a) and shall also include 
in red letters on a background of distinctly contrasting color a 
statement worded substantially as follows: ``This seed has been treated 
with Poison,'' ``Treated with Poison,'' ``Poison treated,'' or 
``Poison''. The word ``Poison'' shall appear in type no less than 8 
point.
    (2) Mercurials and similarly toxic substances include the following:
Aldrin, technical
Demeton
Dieldrin
p-Dimethylaminobenzenediazo sodium sulfonate
Endrin
Ethion
Heptachlor
Mercurials, all types

[[Page 326]]

Parathion
Phorate
Toxaphene
O - O - Diethyl-O-(isopropyl-4-methyl-6-py- rimidyl) thiophosphate
O, O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate

Any amount of such substances remaining with the seed is considered 
harmful within the meaning of this section.
    (d) Other harmful substances. If a substance, other than one which 
would be classified as a mercurial or similarly toxic substance under 
paragraph (c) of this section, is used in the treatment of seed, and the 
amount remaining with the seed is harmful to humans or other vertebrate 
animals, the seed shall be labeled with an appropriate caution statement 
in type no smaller than 8 point worded substantially as follows: ``Do 
not use for food,'' ``Do not use for feed,'' ``Do not use for oil 
purposes,'' or ``Do not use for food, feed, or oil purposes.'' Any 
amount of any substance, not within paragraph (c) of this section, used 
in the treatment of the seed, which remains with the seed is considered 
harmful within the meaning of this section when the seed is in 
containers of more than 4 ounces, except that the following substances 
shall not be deemed harmful when present at a rate less than the number 
of parts per million indicated:
    Allethrin--2 p.p.m.
    Malathion--8 p.p.m.
    Methoxyclor--2 p.p.m.
    Piperonyl butoxide--8 p.p.m. on oat and sorghum and 20 p.p.m. on all 
other seeds.
    Pyrethrins--1 p.p.m. on oat and sorghum and 3 p.p.m. on all other 
seeds.

[24 FR 3953, May 15, 1959, as amended at 25 FR 8769, Sept. 13, 1960; 30 
FR 7888, June 18, 1965]



Sec.  201.32  Screenings.

    Screenings shipped in interstate commerce, if in containers, shall 
be labeled in a legible manner with letters not smaller than 18 point 
type and, if in bulk, shall be invoiced with the words, ``Screenings for 
processing--not for seeding.''

[5 FR 31, Jan. 4, 1940]



Sec.  201.33  Seed in bulk or large quantities; seed for cleaning or 
processing.

    (a) In the case of seed in bulk, the information required under 
sections 201(a), (b), and (i) of the act shall appear in the invoice or 
other records accompanying and pertaining to such seed. If the seed is 
in containers and in quantities of 20,000 pounds or more, regardless of 
the number of lots included, the information required on each container 
under sections 201 (a), (b), and (i) of the act need not be shown on 
each container; Provided, That: (1) The omission from each container of 
a label with the required information is with the knowledge and consent 
of the consignee prior to the transportation or delivery for 
transportation of such seed in interstate commerce; (2) each container 
has stenciled upon it or bears a label containing a lot designation; and 
(3) the invoice or other records accompanying and pertaining to such 
seed bear the various statements required for the respective seeds.
    (b) Seed consigned to a seed cleaning or processing establishment, 
for cleaning or processing for seeding purposes, need not be labeled to 
show the information required on each container under sections 201 (a), 
(b), and (i) of the act if it is in bulk, or in containers and in 
quantities of 20,000 pounds or more regardless of the number of lots 
involved, and the invoice or other records accompanying and pertaining 
to such seed show that it is ``Seed for processing,'' or, if the seed is 
in containers and in quantities less than 20,000 pounds and each 
container bears a label with the words ``Seed for processing.'' If any 
such seed is later to be labeled as to origin and/or variety, the origin 
and/or variety as the case may be, shall be shown on the invoice if the 
seed is in bulk, otherwise, on a label, at the time of transportation to 
such establishment, except that if it is covered by a declaration of 
origin and/or variety it will be sufficient if the lot designation 
appearing in the declaration is placed on the invoice if the seed is in 
bulk, or on a label if the seed is in containers, regardless of the 
quantity.

[24 FR 3953, May 15, 1959]

[[Page 327]]



Sec.  201.34  Kind, variety, and type; treatment substances; designation 
as hybrid.

    (a) Indistinguishable seed and treatment substances. Reasonable 
precautions to insure that the kind, variety, or type of 
indistinguishable agricultural or vegetable seeds and names of any 
treatment substance are properly stated shall include the maintaining of 
the records described in Sec.  201.7 or Sec.  201.7a. The examination of 
the seed and any pertinent facts may be taken into consideration in 
determining whether reasonable precautions have been taken to insure the 
kind, variety, or type of seed or any treatment substance on the seed is 
that which is shown. Reasonable precautions in labeling ryegrass seed as 
to kind shall include making or obtaining the results of a fluorescence 
test unless (1) the shortness of the time interval between receipt of 
the seed lot and the shipment of the seed in interstate commerce, or (2) 
dormancy of the seeds in the lot, or (3) other circumstances beyond the 
control of the shipper prevent such action before the shipment is made. 
Reasonable precautions in labeling ryegrass seed as to kind shall also 
include keeping separate each lot labeled on the basis of a separate 
grower's declaration, invoice, or other documents.
    (b) Name of kind. The name of each kind of agricultural or vegetable 
seed is the name listed in Sec.  201.2 (h) or (i), respectively, except 
that a name which has become synonymous through broad general usage may 
be substituted therefor, provided the name does not apply to more than 
one kind and is not misleading.
    (c) Hybrid designation. Seed shall not be designated in labeling as 
``hybrid'' seed unless it comes within the definition of ``hybrid'' in 
Sec.  201.2(y).
    (d) Name of variety. The name of each variety of agricultural or 
vegetable seed is the name determined in accordance with the following 
considerations:
    (1) The variety name shall represent a subdivision of a kind, which 
is characterized by growth, plant, fruit, seed, or other characters by 
which it can be differentiated from other sorts of the same kind.
    (2) Except as otherwise provided in this section, the name of a new 
variety shall be the name given by the originator or discoverer of the 
variety, except that in the event the originator or discoverer of a new 
unnamed variety, at the time seed of the variety is first introduced 
into channels of commerce of the United States for sale to the public, 
cannot or chooses not to name the variety, the name of the variety shall 
be the first name under which the seed is introduced into such commerce. 
However, if the variety name so provided is in a language not using the 
Roman alphabet, the variety shall be given a name by the person 
authorized under this paragraph to name the variety, in a language using 
the Roman alphabet.
    (3) The variety name shall not be misleading. The same variety name 
shall not be assigned to more than one variety of the same kind of seed.
    (4) The status under the Federal Seed Act of a variety name is not 
modified by the registration of such name as a trademark.
    (5) Names of varieties which through broad general usage prior to 
July 28, 1956 were recognized variety names, except for hybrid seed 
corn, shall be considered variety names without regard to the principles 
stated in paragraph (d)(2) of this section.
    (6) The variety name for any variety of hybrid seed corn first 
introduced into commercial channels in the United States for sale prior 
to October 20, 1951, shall be any name used for such variety in such 
channels prior to that date. The variety name for any variety of hybrid 
seed corn first introduced into commercial channels in the United States 
for sale on or after October 20, 1951, shall be the name assigned in 
accordance with paragraphs (d)(1) through (4) of this section.
    (e) [Reserved]

[20 FR 7928, Oct. 21, 1955]

    Editorial Note: For Federal Register citations affecting Sec.  
201.34, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 328]]



Sec.  201.35  Blank spaces.

    Blank spaces on the label shall be deemed to imply the word 
``None,'' when such interpretation is reasonable.

[5 FR 32, Jan. 4, 1940]



Sec.  201.36  The words ``free'' and ``none.''

    The words ``free'' and ``none'' shall be construed to mean that none 
were found in a test complying with the methods set forth in Sec. Sec.  
201.45-201.52.

[5 FR 32, Jan. 4, 1940]

                          modifying statements



Sec.  201.36a  Disclaimers and nonwarranties.

    A disclaimer, nonwarranty, or limited warranty used in any invoice 
or other labeling, or advertisement shall not directly or indirectly 
deny or modify any information required by the act or the regulations in 
this part.

[15 FR 2394, Apr. 28, 1950]

                               advertising



Sec.  201.36b  Name of kind and variety; designation as hybrid.

    (a) The representation of the name of a kind or kind and variety of 
seed in any advertisement subject to the act shall be confined to the 
name of the kind or kind and variety determined in accordance with Sec.  
201.34. The name shall not have associated therewith words or terms that 
create a misleading impression as to the history or characteristics of 
the kind or kind and variety. Descriptive terms and firm names may be 
used in kind or variety names provided the descriptive terms or firm 
names are a part of the name or variety of seed; for example, Stringless 
Green Pod, Detroit Dark Red, Black Seeded Simpson and Henderson Bush 
Lima. Seed shall not be designated as hybrid seed in any advertisement 
subject to the act unless it comes within the definition of ``hybrid'' 
in Sec.  201.2(y).
    (b) Terms descriptive as to color, shape, size, habit of growth, 
disease-resistance, or other characteristics of the kind or variety may 
be associated with the name of the kind or variety provided it is done 
in a manner which clearly indicates the descriptive term is not a part 
of the name of the kind or variety; for example, Oshkosh pepper 
(yellow), Copenhagen Market (round head) cabbage, and Kentucky Wonder 
(pole) garden bean.
    (c) Terms descriptive of quality or origin and terms descriptive of 
the basis for representations made may be associated with the name of 
the kind or variety: Provided, That the terms are clearly identified as 
being other than part of the name of the kind or variety; for example, 
Fancy quality redtop, Idaho origin alfalfa, and Grower's affidavit of 
variety Atlas sorghum.
    (d) Terms descriptive of the manner or method of production or 
processing the seed (for example, certified, registered, delinted, 
scarified, treated, and hulled), may be associated with the name of the 
kind or variety of seed, providing such terms are not misleading.
    (e) Brand names and terms taken from trademarks may be associated 
with the name of the kind or variety of seed as an indication of source: 
Provided, That the terms are clearly identified as being other than a 
part of the name of the kind or variety; for example, Ox Brand Golden 
Cross sweet corn. Seed shall not be advertised under a trademark or 
brand name in any manner that may create the impression that the 
trademark or brand name is a variety name. If seed advertised under a 
trademark or brand name is a mixture of varieties and if the variety 
names are not stated in the advertising, a description similar to a 
varietal description or a comparison with a named variety shall not be 
used if it creates the impression that the seed is of a single variety.

[21 FR 4652, June 27, 1956, as amended at 32 FR 12780, Sept. 6, 1967; 59 
FR 64491, Dec. 14, 1994]



Sec.  201.36c  Hermetically-sealed containers.

    The 5-month limitation on the date of test in Sec. Sec.  201.22 and 
201.30a shall not apply when the following conditions have been met:
    (a) The seed was packaged within 9 months after harvest;
    (b) The container used does not allow water vapor penetration 
through any wall, including the seals, greater than 0.05 grams of water 
per 24 hours per 100

[[Page 329]]

square inches of surface at 100 [deg]F. with a relative humidity on one 
side of 90 percent and on the other side of 0 percent. Water vapor 
penetration or WVP is measured by the standards of the U.S. Bureau of 
Standards as:

    gm.H2 O/24 hr./100 sq. in./100 [deg]F./90% RH V.0% RH;

    (c) The seed in the container does not exceed the percentage of 
moisture, on a wet weight basis, as listed below:

------------------------------------------------------------------------
                      Agricultural seeds                        Percent
------------------------------------------------------------------------
Beet, field..................................................        7.5
Beet, sugar..................................................        7.5
Bluegrass, Kentucky..........................................        6.0
Clover, crimson..............................................        8.0
Fescue, red..................................................        8.0
Mustard, India...............................................        5.0
Ryegrass, annual.............................................        8.0
Ryegrass, perennial..........................................        8.0
All others...................................................        6.0
------------------------------------------------------------------------


------------------------------------------------------------------------
                       Vegetable seeds                          Percent
------------------------------------------------------------------------
Bean, garden.................................................        7.0
Bean, lima...................................................        7.0
Beet.........................................................        7.5
Broccoli.....................................................        5.0
Brussels sprouts.............................................        5.0
Cabbage......................................................        5.0
Cabbage, Chinese.............................................        5.0
Carrot.......................................................        7.0
Cauliflower..................................................        5.0
Celeriac.....................................................        7.0
Celery.......................................................        7.0
Chard, Swiss.................................................        7.5
Chives.......................................................        6.5
Collards.....................................................        5.0
Corn, sweet..................................................        8.0
Cucumber.....................................................        6.0
Eggplant.....................................................        6.0
Kale.........................................................        5.0
Kohlrabi.....................................................        5.0
Leek.........................................................        6.5
Lettuce......................................................        5.5
Melon........................................................        6.0
Mustard, India...............................................        5.0
Onion........................................................        6.5
Onion, Welsh.................................................        6.5
Parsley......................................................        6.5
Parsnip......................................................        6.0
Pea..........................................................        7.0
Pepper.......................................................        4.5
Pumpkin......................................................        6.0
Radish.......................................................        5.0
Rutabaga.....................................................        5.0
Spinach......................................................        8.0
Squash.......................................................        6.0
Tomato.......................................................        5.5
Turnip.......................................................        5.0
Watermelon...................................................        6.5
All others...................................................        6.0
------------------------------------------------------------------------

    (d) The container is conspicuously labeled in not less than 8 point 
type to indicate (1) that the container is hermetically sealed, (2) that 
the seed has been preconditioned as to moisture content, and (3) the 
calendar month and year in which the germination test was completed.
    (e) The percentage of germination of vegetable seed at the time of 
packaging was equal to or above the standards in Sec.  201.31.

[32 FR 12780, Sept. 6, 1967, as amended at 59 FR 64491, Dec. 14, 1994]

                               inspection



Sec.  201.37  Authorization.

    When authorized by the Administrator of the Agriculture Marketing 
Service, or by such other person as may be designated for the purpose, 
Federal employees and qualified State officials, for the purposes of the 
act, may draw samples of, secure information and inspect records 
pertaining to, and otherwise inspect seeds and screenings subject to the 
act.

[15 FR 2394, Apr. 28, 1950, as amended at 59 FR 64492, Dec. 14, 1994]



Sec.  201.38  Importations.

    Prior to release into the commerce of the United States, imported 
seed and screenings shall be inspected as provided in Sec. Sec.  361.4 
of this title.

[5 FR 32, Jan. 4, 1940, as amended at 62 FR 48459, Sept. 16, 1997]

                sampling in the administration of the act



Sec.  201.39  General procedure.

    (a) In order to secure a representative sample, equal portions shall 
be taken from evenly distributed parts of the quantity of seed or 
screenings to be sampled. Access shall be had to all parts of that 
quantity. When more than one trierful of seed is drawn from a bag, 
different paths shall be followed. When more than one handful is taken 
from a bag, the handfuls shall be taken from well-separated points.
    (b) For free-flowing seed in bags or bulk, a probe or trier shall be 
used. For small free-flowing seed in bags a probe or trier long enough 
to sample all portions of the bag should be used.
    (c) Non-free-flowing seed, such as certain grass seed, uncleaned 
seed, or screenings, difficult to sample with a proble or trier, shall 
be sampled by

[[Page 330]]

thrusting the hand into the bulk and withdrawing representative 
portions. The hand is inserted in an open position and the fingers are 
held closely together while the hand is being inserted and the portion 
withdrawn.
    (d) As the seed or screenings are sampled, each portion shall be 
examined. If there appears to be a lack of uniformity, the portions 
shall not be combined into a composite sample but shall be retained as 
separate samples or combined to form individual-container samples to 
determine such lack of uniformity as may exist.
    (e) When the portions appear to be uniform, they shall be combined 
to form a composite sample.

[5 FR 32, Jan. 4, 1940, as amended at 10 FR 9950, Aug. 11, 1945; 25 FR 
8769, Sept. 13, 1960; 26 FR 10035, Oct. 26, 1961]



Sec.  201.40  Bulk.

    Bulk seeds or screenings shall be sampled by inserting a long probe 
or thrusting the hand into the bulk as circumstances require in at least 
seven uniformly distributed parts of the quantity being sampled. At 
least as many trierfuls or handfuls shall be taken as the minimum which 
would be required for the same quantity of seed or screenings in bags of 
a size customarily used for such seed or screenings.

[5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961]



Sec.  201.41  Bags.

    (a) For lots of six bags or less, each bag shall be sampled. A total 
of at least five trierfuls shall be taken.
    (b) For lots of more than six bags, five bags plus at least 10 
percent of the number of bags in the lot shall be sampled. (Round off 
numbers with [chyph]decimals to the nearest whole number, raising 0.5 to 
the next whole number.) Regardless of the lot size it is not necessary 
that more than 30 bags be sampled.
    (c) Samples shall be drawn from unopened bags except under 
circumstances where the identity of the seed has been preserved.

[5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961]



Sec.  201.42  Small containers.

    In sampling seed in small containers that it is not practical to 
sample as required in Sec.  201.41, a portion of one unopened container 
or one or more entire unopened containers may be taken to supply a 
minimum size sample, as required in Sec.  201.43.

[30 FR 7888, June 18, 1965]



Sec.  201.43  Size of sample.

    The following are minimum sizes of samples of agricultural seed, 
vegetable seed and screenings to be submitted for analysis, test, or 
examination:
    (a) Two ounces (57 grams) of grass seed not otherwise mentioned, 
white or alsike clover, or seeds not larger than these.
    (b) Five ounces (142 grams) of red or crimson clover, alfalfa, 
lespedeza, ryegrass, bromegrass, millet, flax, rape, or seeds of similar 
size.
    (c) One pound (454 grams) of sudangrass, proso millet, hemp, or 
seeds of similar size.
    (d) Two pounds (907 grams) of cereals, sorghum, vetch, or seeds of 
similar or larger size.
    (e) Two quarts (2.2 liters) of screenings.
    (f) Vegetable seed samples shall consist of at least 400 seeds.
    (g) Coated seed for a purity analysis shall consist of at least 
7,500 seed units. Coated seed for noxious-weed seed examination shall 
consist of at least 30,000 seed units. Coated seed for germination test 
only shall consist of at least 1,000 seed units.

[10 FR 9950, Aug. 11, 1945, as amended at 15 FR 2394, Apr. 28, 1950; 59 
FR 64492, Dec. 14, 1994]



Sec.  201.44  Forwarding samples.

    Before being forwarded for analysis, test, or examination, the 
containers of samples shall be properly sealed and identified in such 
manner as may be prescribed by AMS. Samples of coated seed shall be 
forwarded in firmly packed crush-proof and moisture-proof containers.

[59 FR 64492, Dec. 14, 1994]

[[Page 331]]

            purity analysis in the administration of the act



Sec.  201.45  Obtaining the working sample.

    (a) The working sample on which the actual analysis is made shall be 
taken from the submitted sample in such a manner that it will be 
representative.
    (b) The sample shall be repeatedly divided to the weight to be used 
for the working sample. Some form of efficient mechanical divider should 
be used. To avoid damaging large seeds and coated seeds, a divider 
should be used which will prevent the seeds from falling great distances 
onto hard surfaces. In case the proper mechanical divider cannot be used 
or is not available, the sample shall be thoroughly mixed and placed in 
a pile and the pile shall be repeatedly divided into halves until a 
sample of the desired weight remains.

[5 FR 32, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 25 FR 
8769, Sept. 13, 1960; 59 FR 64492, Dec. 14, 1994]



Sec.  201.46  Weight of working sample.

    (a) Unmixed seed. The working samples for purity analysis and 
noxiousweed seed examination of unmixed seed shall be at least the 
weights set forth in table 1.
    (b) Mixtures consisting of one predominant kind of seed or a group 
of kinds of similar size. The weights of the purity and noxious-weed 
seed working samples in this category shall be determined by the kind or 
group of kinds which compromise more than 50 percent of the sample.
    (c) Mixtures consisting of two or more kinds or groups of kinds of 
different sizes, none of which comprise over 50 percent of the sample. 
The weights of the purity working samples in this category shall be the 
weighted averages (to the nearest half gram) of the weights listed in 
table 1 for each of the kinds which comprise the sample determined by 
the following method: (1) Multiply the percentage of each component in 
the mixture (rounded off to the nearest whole number) by the sample 
sizes specified in column 2, table 1, (2) add all these products, (3) 
total the percentages of all components of the mixtures, and (4) divide 
the sum in paragraph (c)(2) of this section by the total in paragraph 
(c)(3) of this section. If the approximate percentage of the components 
of a mixture are not known they may be estimated. The weight of the 
noxious-weed seed working sample shall be determined by multiplying the 
weight of the purity working sample by 10 or by calculating the weighted 
average in the same manner described above for the purity working 
sample.
    (d) Coated seed.
    (1) Unmixed coated seed. Due to variation in the weight of coating 
materials, the size or weight of the working sample shall be determined 
separately for each lot. The weight of the working sample shall be 
determined by weighing 100 completely coated units and calculating the 
weight of 2,500 coated units for the purity analysis and 25,000 coated 
units for the noxious-weed seed examination.
    (2) Mixtures of coated seed. The working weight shall be determined 
in the following manner:
    (i) Calculate the weight of the working sample to be used for the 
mixture under consideration as though the sample were not coated by 
following paragraph (b) or (c) of this section.
    (ii) Determine the amount of coating material on 100 coated units by 
weighing the coated units. Remove the coating material using the methods 
described in Sec. Sec.  201.51b (c) and (d). Calculate the percentage of 
coating material using the following formulas:

Weight of coating material = weight of 100 coated units - weight of 100 
    de-coated units;
The percentage of coating material = weight of the coating material 
    divided by the weight of 100 coated units x 100%.

    (iii) The weight of the working sample shall be the product of the 
weight calculated in paragraph (d)(2)(i) of this section multiplied by 
100 percent, divided by 100 percent minus the percentage of coating 
material calculated in paragraph (d)(2)(ii) of this section.

[[Page 332]]



                    Table 1--Weight of Working Sample
------------------------------------------------------------------------
                                                  Minimum
                                    Minimum     weight for   Approximate
                                  weight for   noxious-weed   number of
          Name of seed              purity         seed       seeds per
                                   analysis     examination      gram
                                    (grams)       (grams)
------------------------------------------------------------------------
       Agricultural Seed
Agrotricum.....................         65            500             39
Alfalfa........................          5             50            500
Alfilaria......................          5             50            440
Alyceclover....................          5             50            665
Bahiagrass:
    Var. Pensacola.............          5             50            600
    All other vars.............          7             50            365
Barley.........................        100            500             30
Barrelclover...................         10            100            250
Bean:
    Adzuki.....................        200            500             11
    Field......................        500            500              4
    Mung.......................        100            500             24
Beet, field....................         50            500             55
Beet, sugar....................         50            500             55
Beggarweed, Florida............          5             50            440
Bentgrass:
    Colonial...................          0.25           2.5       13,000
    Creeping...................          0.25           2.5       13,515
    Velvet.....................          0.25           2.5       18,180
Bermudagrass...................          1             10          3,930
Bermudagrass, giant............          1             10          2,950
Bluegrass:
    Annual.....................          1             10          2,635
    Bulbous....................          4             40            585
    Canada.....................          0.5            5          5,050
    Glaucantha.................          1             10    ...........
    Kentucky...................          1             10          3,060
    Nevada.....................          1             10          2,305
    Rough......................          0.5            5          4,610
    Texas......................          1             10          2,500
    Wood.......................          0.5            5          4,330
Bluejoint......................          0.5            5          8,461
Bluestem:
    Big........................          7             70            320
    Little.....................          5             50            525
    Sand.......................         10            100            215
    Yellow.....................          1             10          1,945
Bottlebrush-squirreltail.......          9             90            300
Brome:
    Field......................          5             50            465
    Meadow.....................         13            130            190
    Mountain...................         20            200            140
    Smooth.....................          7             70            315
Broomcorn......................         40            400             60
Buckwheat......................         50            500             45
Buffalograss:
    (Burs).....................         20            200            110
    (Caryopses)................          3             30            740
Buffelgrass:
    (Fascicles)................          6             66            365
    (Caryopses)................          2             20          1,940
Burclover, California:
    (in bur)...................         50            500    ...........
    (out of bur)...............          7             70            375
Burclover, spotted
    (in bur)...................         50            500             50
    (out of bur)...............          5             50            550
Burnet, little.................         25            250            110
Buttonclover...................          7             70            365
Canarygrass....................         20            200            150
Canarygrass, reed..............          2             20          1,185
Carpetgrass....................          1             10          2,230
Castorbean.....................        500            500              5
Chess, soft....................          5             50            555
Chickpea.......................        500            500              2
Clover:

[[Page 333]]

 
    Alsike.....................          2             20          1,500
    Arrowleaf..................          4             40            705
    Berseem....................          5             50            455
    Cluster....................          1             10          2,925
    Crimson....................         10            100            330
    Kenya......................          2             20
    Ladino.....................          2             20          1,935
    Lappa......................          2             20          1,500
    Large hop..................          1             10          5,435
    Persian....................          2             20          1,415
    Red........................          5             50            600
    Rose.......................          7             70            360
    Small hop..................          2             20          1,950
    Strawberry.................          5             50            635
    Sub........................         25            250            120
    White......................          2             20          1,500
Corn:
    Field......................        500            500              3
    Pop........................        500            500              3
Cotton.........................        300            500              8
Cowpea.........................        300            500              8
Crambe.........................         25            250    ...........
Crested dogtail................          2             20          1,900
Crotalaria:
    Lance......................          7             70            375
    Showy......................         25            250             80
    Slenderleaf................         10            100            205
    Striped....................         10            100            215
    Sunn.......................         75            500             35
Crownvetch.....................         10            100            305
Dallisgrass....................          4             40            620
Dichondra......................          5             50            470
Dropseed, sand.................          0.25           2.5       12,345
Emmer..........................        100            500             25
Fescue:
    Chewings...................          3             30            900
    Hair.......................          1             10    ...........
    Hard.......................          2             20          1,305
    Meadow.....................          5             50            495
    Red........................          3             30            900
    Sheep......................          2             20          1,165
    Tall.......................          5             50            455
Flatpea........................        100            500             25
Flax...........................         15            150            180
Foxtail, creeping..............          1.5           15          1,736
Foxtail, meadow................          3             30            893
Galletagrass:
    (Other than caryopses).....         10            100            260
    (Caryopses)................          5             50            580
Grama:
    Blue.......................          2             20          1,595
    Side-oats:
        (Other than caryopses).          6             60            350
        (Caryopses)............          2             20          1,605
Guar...........................         75            500             35
Guineagrass....................          2             20          2,205
Hardinggrass...................          3             30            750
Hemp...........................         50            500             45
Indiangrass, yellow............          7             70            395
Indigo, hairy..................          7             70            435
Japanese lawngrass.............          2             20          1,325
Johnsongrass...................         10            100            265
Kenaf..........................         50            500    ...........
Kochia, forage.................          2             20          1,070
Kudzu..........................         25            250             80
Lentil.........................        120            500          14-23
Lespedeza:
    Korean.....................          5             50            525

[[Page 334]]

 
    Sericea....................          3             30            820
    Siberian...................          3             30            820
    Striate....................          5             50            750
Lovegrass, sand................          1             10          3,585
Lovegrass, weeping.............          1             10          3,270
Lupine:
    Blue.......................        500            500              7
    White......................        500            500              7
    Yellow.....................        300            500              9
Manilagrass....................          2             20    ...........
Medic, black...................          5             50            585
Milkvetch......................          9             90            270
Millet:
    Browntop...................          8             80            315
    Foxtail....................          5             50            480
    Japanese...................          9             90            315
    Pearl......................         15            150            180
    Proso......................         15            150            185
Molassesgrass..................          0.5            5          7,750
Mustard:
    Black......................          2             20          1,255
    India......................          5             50            625
    White......................         15            150            160
Napiergrass....................          5             50    ...........
Needlegrass, green.............          7             70            370
Oat............................         75            500          35-50
Oatgrass, tall.................          6             60            417
Orchardgrass...................          3             30            945
Panicgrass, blue...............          2             20          1,370
Panicgrass, green..............          2             20          1,305
Pea, field.....................        500            500              4
Peanut.........................        500            500            1-3
Rape:
    Annual.....................          7             70            345
    Bird.......................          7             70            425
    Turnip.....................          5             50            535
    Winter.....................         10            100            230
Redtop.........................          0.25           2.5       10,695
Rescuegrass....................         20            200            115
Rhodesgrass....................          1             10          4,725
Rice...........................         50            500             65
Ricegrass, Indian..............          7             70            355
Roughpea.......................         75            500             40
Rye............................         75            500             40
Rye, mountain..................         28            280             90
Ryegrass:
    Annual.....................          5             50            420
    Intermediate...............          8             80            338
    Perennial..................          5             50            530
    Wimmera....................          5             50    ...........
Safflower......................        100            500             30
Sagewort, Louisiana............          0.5            5          8,900
Sainfoin.......................         50            500             50
Saltbush, fourwing.............         15            150            165
Sesame.........................          7             70            360
Sesbania.......................         25            250            105
Smilo..........................          2             20          2,010
Sorghum........................         50            500             55
Sorghum almum..................         15            150            150
Sorghum-sudangrass.............         65            500             38
Sorgrass 1.....................         15            150            135
Sourclover.....................          5             50            660
Soybean........................        500            500           6-13
Spelt..........................        100            500             25
Sudangrass.....................         25            250            100
Sunflower......................        100            500    ...........
Sweetclover:
    White......................          5             50            570

[[Page 335]]

 
    Yellow.....................          5             50            570
Sweet vernalgrass..............          2             20          1,600
Sweetvetch, northern...........         19            190            130
Switchgrass....................          4             40            570
Timothy........................          1             10          2,565
Timothy, turf..................          1             10          2,565
Tobacco........................          0.5            5         15,625
Trefoil:
    Big........................          2             20          1,945
    Birdsfoot..................          3             30            815
Triticale......................        100            500    ...........
Vaseygrass.....................          3             30            970
Veldtgrass.....................          4             40            655
Velvetbean.....................        500            500              2
Velvetgrass....................          1             10          3,360
Vetch:
    Common.....................        150            500             19
    Hairy......................         75            500             35
    Hungarian..................        100            500             24
    Monantha...................        100            500    ...........
    Narrowleaf.................         50            500             60
    Purple.....................        100            500             22
    Woollypod..................        100            500             25
Wheat:
    Common.....................        100            500             25
    Club.......................        100            500             25
    Durum......................        100            500             25
    Polish.....................        100            500             25
    Poulard....................        100            500             25
WheatxAgrotricum...............         65            500             38
Wheatgrass:
    Beardless..................          8             80            275
    Fairway crested............          4             40            685
    Standard crested...........          5             50            425
    Intermediate...............         15            150            175
    Pubescent..................         15            150            180
    Siberian...................          5             50    ...........
    Slender....................          7             70            295
    Streambank.................         10             50            370
    Tall.......................         15            150            165
    Western....................         10            100            250
Wildrye:
    Basin......................          8             80            317
    Canada.....................         11            110            190
    Russian....................          6             60            360
         Vegetable Seed
Artichoke......................        100            500             24
Asparagus......................        100            500             25
Asparagusbean..................        300            500              8
Bean:
    Garden.....................        500            500              4
    Lima.......................        500            500              2
    Runner.....................        500            500              1
Beet...........................         50            300             60
Broadbean......................        500            500    ...........
Broccoli.......................         10             50            315
Brussels sprouts...............         10             50            315
Burdock, great.................         15            150    ...........
Cabbage........................         10             50            315
Cabbage, Chinese...............          5             50            635
Cabbage, tronchuda.............         10            100    ...........
Cardoon........................        100            500    ...........
Carrot.........................          3             50            825
Cauliflower....................         10             50            315
Celeriac.......................          1             25          2,520
Celery.........................          1             25          2,520
Chard, Swiss...................         50            300             60
Chicory........................          3             50            940

[[Page 336]]

 
Chives.........................          5             50    ...........
Citron.........................        200            500             11
Collards.......................         10             50            315
Corn, sweet....................        500            500    ...........
Cornsalad:
    Vars. Fullhearted and Dark           5             50    ...........
     Green Fullhearted.........
    All other vars.............         10             50            380
Cowpea.........................        300            500              8
Cress:
    Garden.....................          5             50            425
    Upland.....................          2             35          1,160
    Water......................          1             25          5,170
Cucumber.......................         75            500             40
Dandelion......................          2             35          1,240
Dill...........................          3             50            800
Eggplant.......................         10             50            230
Endive.........................          3             50            940
Gherkin, West India............         16            160            153
Kale...........................         10             50            315
Kale, Chinese..................         10             50    ...........
Kale, Siberian.................          8             80            325
Kohlrabi.......................         10             50            315
Leek...........................          7             50            395
Lettuce........................          3             50            890
Melon..........................         50            500             45
Mustard, India.................          5             50            625
Mustard, spinach...............          5             50            535
Okra...........................        100            500             19
Onion..........................          7             50            340
Onion, Welsh...................         10             50    ...........
Pak-choi.......................          5             50            635
Parsley........................          5             50            650
Parsnip........................          5             50            430
Pea............................        500            500              3
Pepper.........................         15            150            165
Pumpkin........................        500            500              5
Radish.........................         30            300             75
Rhubarb........................         50            300             60
Rutabaga.......................          5             50            430
Sage...........................         25            150            120
Salsify........................         50            300             65
Savory, summer.................          2             35          1,750
Sorrel.........................          2             35          1,080
Soybean........................        500            500           6-13
Spinach........................         25            150            100
Spinach, New Zealand...........        200            500             13
Squash.........................        200            500             14
Tomato.........................          5             50            405
Tomato, husk...................          2             35          1,240
Turnip.........................          5             50            535
Watermelon.....................        200            500            11
------------------------------------------------------------------------
1 Rhizomatous derivatives of a johnsongrassxsorghum cross or a
  johnsongrassxsudangrass cross.


[25 FR 8769, Sept. 13, 1960, and 30 FR 7888, June 18, 1965, as amended 
at 32 FR 12780, Sept. 6, 1967; 35 FR 6108, Apr. 15, 1970; 41 FR 20156, 
May 17, 1976; 46 FR 53635, Oct. 29, 1981; 59 FR 64492, Dec. 14, 1994; 65 
FR 1707, Jan. 11, 2000]



Sec.  201.47  Separation.

    (a) The working sample shall be weighed in grams to four significant 
figures and shall then be separated into four parts: (1) Kind or variety 
to be considered pure seed, (2) other crop seed, (3) weed seed, and (4) 
inert matter. The components shall be weighed in grams to the same 
number of decimal places as the working sample. The percentage of each 
part shall be determined to two decimal places.

[[Page 337]]

    (b) Aids for the classification of pure seed, other crop seed, weed 
seed, and inert matter may include visual examination, use of 
transmitted light (diaphanoscope), or specific gravity (seed blowers). 
Specific instructions for classification of the various components are 
given in Sec. Sec.  201.47a to 201.51, inclusive.
    (c) The components shall be weighed and percentages calculated as 
follows:
    (1) For sample sizes less than 25 grams, all four components shall 
be weighed; the percentages shall be based on the sum of these weights 
and not on the original weight. The sum of these weights shall be 
compared with the original weight of the working sample as a check 
against the loss of material, or other errors.
    (2) For sample sizes of 25 grams or more, the components--other crop 
seed, weed seed, and inert matter--shall be weighed separately and their 
percentages determined by dividing these weights by the original weight 
of the working sample. The pure seed need not be weighed; its percentage 
may be determined by subtracting the sum of the percentages of the other 
three components from 100.
    (3) When rounding off the calculated percentages of each component 
to the second decimal place, round down if the third decimal place is 4 
or less and round up if the third decimal place is 5 or more, except 
that if any component is determined to be present in any amount 
calculated to be less than 0.015 percent, then that component shall be 
reported as 0.01 percent. If any component is not found in the purity 
analysis, then that component shall be reported as 0.00 percent.
    (4) The total percentage of all components shall be 100.00 percent. 
If the total does not equal 100.00 percent (e.g. 99.99 percent or 100.01 
percent), then add to or subtract from the component with the largest 
value (usually the pure seed component).
    (d) When the working sample consists of two or more similar kinds or 
varieties which would be difficult to separate in the entire sample, it 
is permissible to weigh the similar kinds or varieties together as one 
component and make the separation on a reduced portion of the sample. At 
least 400 seeds or an equivalent weight shall be taken indiscriminately 
from the pure seed component and the separation made on this portion. 
The proportion of each kind present shall then be determined by weight 
and from this the percentage in the entire sample shall be calculated.
    (e) The Uniform Blowing Procedure described in Sec.  201.51a(a) 
shall be used for the separation of pure seed and inert matter in seeds 
of Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola 
variety of bahiagrass, orchardgrass, side-oats grama, and blue grama.
    (f) Procedures for purity analysis for coated seed are given in 
Sec.  201.51b.

[25 FR 8770, Sept. 13, 1960, as amended at 30 FR 7890, June 18, 1965; 46 
FR 53635, Oct. 29, 1981; 59 FR 64497, Dec. 14, 1994; 65 FR 1707, Jan. 
11, 2000]



Sec.  201.47a  Seed unit.

    The seed unit is the structure usually regarded as a seed in 
planting practices and in commercial channels. The seed unit may consist 
of one or more of the following structures:
    (a) True seeds;
    (b) For the grass family:
    (1) Caryopses and single florets;
    (2) Multiple florets and spikelets in tall oatgrass (Arrhenatherum 
elatius), oat (Avena spp.), gramas (Bouteloua spp.), rhodesgrass 
(Chloris gayana), barley (Hordeum vulgare), and bluegrass (Poa spp.);
    (3) Entire spikelets in bahiagrass, bentgrasses, dallisgrass, 
guineagrass, browntop millet, foxtail millet, proso millet, 
panicgrasses, redtop, rice, switchgrass, and vaseygrass. Entire 
spikelets which may have attached rachis segments, pedicels, and sterile 
spikelets in big bluestem, little bluestem, sand bluestem, yellow 
bluestem, bottlebrush-squirreltail, broomcorn, yellow indiangrass, 
johnsongrass, sorghum, sorghum- sudangrass, sorghum almum, sorgrass, and 
sudangrass;
    (4) Spikelet groups:
    (i) Spikelet groups that disarticulate as a unit in galletagrass;
    (ii) Spikelet groups that disarticulate as units with attached 
rachis and internodes in bluestems, side-oats grama, and yellow 
indiangrass;

[[Page 338]]

    (5) Fascicles of buffelgrass (Cenchrus ciliaris) consisting of 
bristles and spikelets;
    (6) Burs of buffalograss (Buchloe dactyloides);
    (7) Bulblets of bulbous bluegrass (Poa bulbosa);
    (8) Multiple units as defined in Sec.  201.51a(b)(1).
    (c) Dry indehiscent fruits in the following plant families: 
Buckwheat (Polygonaceae), sunflower (Compositae), geranium 
(Geraniaceae), goosefoot (Chenopodiaceae), and valerian (Valerianaceae);
    (d) One- and two-seeded pods of small-seeded legumes (Leguminosae), 
burs of the burclovers (Medicago arabica, M. polymorpha), and pods of 
peanuts (Arachis hypogaea). (This does not preclude the shelling of 
small-seeded legumes for purposes of identification.) Pods of legumes 
normally containing more than two seeds, when occurring incidentally in 
the working sample, should be hulled if the kind is hulled when 
marketed;
    (e) Fruits or half fruits in the carrot family (Umbelliferae);
    (f) Nutlets in the following plant families: Borage (Boraginaceae), 
mint (Labiatae), and vervain (Verbenaceae);
    (g) ``Seed balls'' or portions thereof in multigerm beets, and 
fruits with accessory structures such as occur in other Chenopodiaceae 
and New Zealand spinach. For forage kochia refer to Sec.  201.48(j) and 
Sec.  201.51(a)(7).

[46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994; 
65 FR 1707, Jan. 11, 2000]



Sec.  201.47b  Working samples.

    The purity working sample is the sample on which the purity analysis 
is made. The noxious-weed seed working sample is the sample on which the 
noxious-weed seed examination is made.

[20 FR 7930, Oct. 21, 1955]



Sec.  201.48  Kind or variety considered pure seed.

    The pure seed shall include all seeds of each kind or each kind and 
variety under consideration present in excess of 5 percent of the whole. 
Seeds of kinds or kinds and varieties present to the extent of 5 percent 
or less of the whole may be considered pure seed if shown on the label 
as components of a mixture in amounts of 5 percent or less. The 
following shall be included with the pure seed:
    (a) Immature or shriveled seeds and seeds that are cracked or 
injured. For seeds of legumes (Leguminosae) and crucifers (Cruciferae) 
with the seed coats entirely removed refer to Sec.  201.51(a)(1);
    (b) Pieces of seeds which are larger than one-half of the original 
size. For separated cotyledons of legume seeds refer to Sec.  
201.51(a)(2);
    (c) Insect-damaged seeds, provided that the damage is entirely 
internal, or that the opening in the seed coat is not sufficiently large 
so as to allow the size of the remaining mass of tissue to be readily 
determined. Weevil-infested vetch seeds, irrespective of the amount of 
insect damage, are to be considered pure seed, unless they are broken 
pieces one-half or less than the original size. For classification of 
broken pieces of seed units one-half or less than the original size, 
refer to Sec.  201.51(a)(2). Refer to Sec.  201.51(a)(3) for chalcid-
damaged seeds;
    (d) Seeds that have started to germinate;
    (e) Seeds of the cucurbit family (Cucurbitaceae) and the nightshade 
family (Solanaceae) whether they are filled or empty;
    (f) Intact fruits, whether or not they contain seed, of species 
belonging to the following families: Sunflower (Compositae), buckwheat 
(Polygonaceae), carrot (Umbelliferae), valerian (Valerianaceae), mint 
(Labiatae) and other families in which the seed unit may be a dry, 
indehiscent one-seeded fruit. For visibly empty fruits, refer to inert 
matter, Sec.  201.51(a)(6);
    (g) Seed units of the grass family listed in Sec.  201.47a(b) (1) 
through (5) if a caryopsis with some degree of endosperm development can 
be detected in the units, either by slight pressure or by examination 
over light. Species in which determination of endosperm development is 
not necessary are listed in paragraphs (g) (1) and (2) of this section. 
Refer to Sec. Sec.  201.48(h) and 201.51(a)(5) when nematode galls and 
fungal bodies have replaced the caryopsis in seed units. The

[[Page 339]]

following procedures apply to determine pure seed in the grass families 
listed below:
    (1) Intact burs of buffalograss (Buchloe dactyloides) shall be 
considered pure seed whether or not a caryopsis is present. Refer to 
Sec.  201.51(a)(6) for burs which are visibly empty.
    (2) The Uniform Blowing Procedure described in Sec.  201.51a(a) 
shall be used to determine classification of florets into pure seed or 
inert matter for Kentucky bluegrass, Canada bluegrass, rough bluegrass, 
Pensacola variety of bahiagrass, side-oats grama, blue grama, and 
orchardgrass.
    (3) Special purity procedures for smooth brome, chewings fescue, red 
fescue, orchardgrass, fairway crested wheatgrass, standard crested 
wheatgrass, intermediate wheatgrass, pubescent wheatgrass, tall 
wheatgrass, and western wheatgrass are listed in Sec.  201.51a(b).
    (4) For methods of determining pure seed percentages of annual and 
perennial ryegrass, refer to Sec. Sec.  201.58(b)(10) and 201.58a(a).
    (h) Seed units with nematode galls, fungal bodies (i.e. ergot, other 
sclerotia, and smut) and spongy or corky caryopses that are entirely 
enclosed within the seed unit. Refer to Sec.  201.51(c)(1) for inert 
matter classification.
    (i) Seed units of beet and other Chenopodiaceae, and New Zealand 
spinach. Refer to Sec.  201.47a(g) and Sec.  201.51(a)(6) for 
definitions of seed units and inert matter, respectively.
    (j) Seed units of forage kochia that are retained on a 1 mm opening 
square-hole sieve, when shaken for 30 seconds. For inert matter, refer 
to Sec.  201.51(a)(7).

[46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64497, Dec. 14, 1994]



Sec.  201.49  Other crop seed.

    (a) Seeds of plants grown as crops (other than the kind(s) and 
variety(ies) included in the pure seed) shall be considered other crop 
seeds, unless recognized as weed seeds by applicable laws, or 
regulations, or by general usage. All interpretations and definitions 
for ``pure seed'' in Sec.  201.48 shall also apply in determining 
whether seeds are ``other crop seed'' or ``inert matter'' with the 
following two exceptions which may be applied as acceptable 
alternatives:
    (1) Uniform Blowing Procedure in Sec.  201.51a(a) for kinds listed 
in Sec.  201.47(e) may be disregarded. If disregarded, all seed units 
(as defined in Sec.  201.47a) for these kinds found in the working 
sample shall be manually separated into pure seed and inert matter. Only 
units containing at least one caryopsis with some degree of endosperm 
development which can be detected either by slight pressure or by 
examination over light are considered other crop seed.
    (2) Multiple Unit Procedure in Sec.  201.51a(b) for kinds listed in 
Sec.  201.48(g)(3) may be disregarded. If disregarded, all multiple 
units and single units (as defined in Sec.  201.51a(b)) for these kinds 
found in the working sample shall be manually separated into single 
florets. Each floret containing a caryopsis with some degree of 
endosperm development, which can be detected either by slight pressure 
or examination over light, is considered other crop seed. Empty florets 
and glumes, if present, are considered inert matter. Refer to Sec.  
201.51(a)(4).
    (b) [Reserved]

[59 FR 64498, Dec. 14, 1994; 60 FR 2493, Jan. 10, 1995]



Sec.  201.50  Weed seed.

    Seeds (including bulblets or tubers) of plants shall be considered 
weed seeds when recognized as weed seeds by the law or rules and 
regulations of the State into which the seed is offered for 
transportation or transported; or by the law or rules and regulations of 
Puerto Rico, Guam, or District of Columbia into which transported, or 
District of Columbia in which sold; or found by the Secretary of 
Agriculture to be detrimental to the agricultural interests of the 
United States, or any part thereof. Damaged weed seeds and immature 
seedlike structures, as described in Sec.  201.51(b), shall be 
considered inert matter. Weed seeds, as defined above in this section, 
requiring further separation into weed seed and inert matter components 
are as follows:
    (a) The individual seeds are to be removed from fruiting structures 
such as pods and heads. The seeds are classified as weed seed and the 
remaining

[[Page 340]]

fruiting structures classified as inert matter.
    (b) Wild onion and wild garlic (Allium spp.) bulblets that have any 
part of the husk remaining and are not damaged at the basal end are 
considered weed seeds regardless of size. Bulblets that are completely 
devoid of husk, and are not damaged at the basal end, and are retained 
by a \1/13\-inch (1.9 mm) round-hole sieve are considered weed seeds. 
For wild onion and wild garlic (Allium spp.) bulblets classed as inert 
matter, refer to Sec.  201.51(b)(5).

[46 FR 53636, Oct. 29, 1981, as amended at 59 FR 64498, Dec. 14, 1994; 
65 FR 1707, Jan. 11, 2000]



Sec.  201.51  Inert matter.

    Inert matter shall include seeds and seed-like structures from both 
crop and weed plants and other material not seeds as follows:
    (a) Seeds and seed-like structures from crop plants:
    (1) Seeds of legumes (Leguminosae) and crucifers (Cruciferae) with 
the seed coats entirely removed. Refer to Sec.  210.48(a) for pure seed 
classification.
    (2) Pieces of broken and damaged seed units, including those that 
are insect damaged, which are one-half the original size or less. If 
greater than one-half, refer to Sec.  201.48(b) and (c) for pure seed 
classification. Also included as inert matter are separated cotyledons 
of legumes, irrespective of whether or not the radicle-plumule axis and/
or more than one-half of the seed coat may be attached.
    (3) Chalcid-damaged seeds (puffy, soft, or dry and crumbly) of 
alfalfa, red clover, crimson clover, and similar kinds of small seeded 
legumes. Refer to Sec.  201.48(c) for pure seed classification.
    (4) Glumes and empty florets except as stated under pure seed. Refer 
to Sec.  201.48 (g) and (h) for pure seed classification.
    (5) Seed units with nematode galls or fungal bodies (smut, ergot, 
and other sclerotia) that are not entirely enclosed within the seed 
unit. Refer to Sec.  201.48(h) for pure seed classification.
    (6) Broken seed units of Chenopodiaceae and fruit portions or 
fragments of monogerm beets, New Zealand spinach, buffalograss, and 
families in which the seed unit is a dry indehiscent one-seeded fruit 
that visibly do not contain a seed. Refer to Sec.  201.48 (f), (g)(1), 
(i), and (j) for pure seed classification.
    (7) Seed units of forage kochia that pass through a 1 mm opening, 
square-hole sieve, when shaken for 30 seconds.
    (8) The thin pericarp (fruit wall), if present on seeds of northern 
sweetvetch.
    (b) Seeds and seed-like structures from weed plants, which by visual 
examination (including the use of light or dissection), can be 
determined to be within the following categories:
    (1) Damaged seed (other than grasses) with over one-half of the 
embryo missing.
    (2) Grass florets and caryopses classed as inert:
    (i) Glumes and empty florets of weedy grasses;
    (ii) Damaged grass caryopses, including free caryopses, with over 
one-half the root-shoot axis missing (the scutellum excluded);
    (iii) Immature free caryopses devoid of embryo and/or endosperm;
    (iv) Immature florets of quackgrass (Agropyron repens) in which the 
caryopses are less than one-third the length of the palea. The caryopsis 
is measured from the base of the rachilla;
    (v) Free caryopses of quackgrass (A. repens) that are 2 mm or less 
in length.
    (3) Seeds of legumes and species of Brassica with the seed coats 
entirely removed.
    (4) Immature seed units, devoid of both embryo and endosperm, such 
as occur in but not limited to the following plant families: Sedge 
(Cyperaceae), buckwheat (Polygonaceae), morning glory (Convolvulaceae), 
nightshade (Solanaceae), puncturevine (Zygophyllaceae) and sunflower 
(Compositae). Cocklebur (Xanthium spp.) burs are to be dissected to 
determine whether or not seeds are present.
    (5) Wild onion and wild garlic (Allium spp.) bulblets:
    (i) Bulblets which are completely devoid of the husk and pass 
through a

1/13th-inch, round-hole sieve.
    (ii) Bulblets which show evident damage to the basal end, whether 
husk is present or absent. Refer to Sec.  201.50(c)

[[Page 341]]

for wild onion and wild garlic (Allium spp.) bulblets classed as weed 
seeds.
    (6) Dodder (Cuscuta spp.): Seeds devoid of embryos and seeds which 
are ashy gray to creamy white in color are inert matter. Seeds should be 
sectioned when necessary to determine if an embryo is present as when 
seeds have a normal color but are slightly swollen, dimpled or have 
minute holes.
    (7) Buckhorn (Plantago lanceolata): Black seeds, with no brown color 
evident, whether shriveled or plump; the color of questionable seeds 
shall be determined by use of a stereoscopic microscope with 
magnification of approximately 10x and a fluorescent lamp with two 15-
watt daylight-type tubes.
    (8) Ragweed (Ambrosia spp.): Seed with both the involucre and 
pericarp absent.
    (c) Other matter that is not seed:
    (1) Free nematode galls or fungal bodies such as smut, ergot, and 
other sclerotia.
    (2) Soil particles, sand, stone, chaff, stems, leaves, flowers, 
loose coating material, and any other foreign material.
    (3) Coating material removed from coated seed by washing. Refer to 
Sec.  201.51b(c).

[46 FR 53637, Oct. 29, 1981; 46 FR 58059, Nov. 30, 1981; 59 FR 64498, 
Dec. 14, 1994; 65 FR 1707, Jan. 11, 2000]



Sec.  201.51a  Special procedures for purity analysis.

    (a) The Uniform Blowing Procedure shall be used for the separation 
of pure seed and inert matter in the following: Kentucky bluegrass, 
Canada bluegrass, rough bluegrass, Pensacola variety of bahiagrass, 
orchardgrass, blue grama, and side-oats grama.
    (1) When kinds listed in this section appear in mixtures they shall 
be separated from other kinds before using the Uniform Blowing 
Procedure.
    (2) To determine the blowing point for these procedures, individual 
calibration samples for Kentucky bluegrass, orchardgrass, and Pensacola 
variety of bahiagrass shall be used. The calibration sample for Kentucky 
bluegrass shall be used for Canada bluegrass, rough bluegrass, blue 
grama, and side-oats grama.
    (i) The blowing point for Canada bluegrass shall be the same as the 
blowing point determined for Kentucky bluegrass.
    (ii) The blowing point for rough bluegrass shall be a factor of 0.82 
(82 percent) of the blowing point determined for Kentucky bluegrass. The 
0.82 factor is restricted to the General-type seed blower.
    (iii) The blowing point for blue grama shall be a factor of 1.157 of 
the blowing point determined for Kentucky bluegrass. Before blowing, 
extraneous material that will interfere with the blowing process shall 
be removed. The sample to be blown shall be divided into four 
approximately equal parts and each blown separately. The 1.157 factor is 
restricted to the General-type seed blower.
    (iv) The blowing point for side-oats grama shall be a factor of 
1.480 of the blowing point determined for Kentucky bluegrass. Before 
blowing, extraneous material that will interfere with the blowing 
process shall be removed. The sample to be blown shall be divided into 
four approximately equal parts and each part blown separately. The 1.480 
factor is restricted to the General-type seed blower.
    (3) Calibration samples and instructions are available on loan 
through the Seed Regulatory and Testing Branch, LS, AMS, Building 306, 
Room 213, Beltsville, Maryland 20705.
    (4) The calibration samples shall be used to establish a blowing 
point prior to proceeding with the separation of pure seed and inert 
matter for these kinds. After completing the blowing procedure, remove 
all weed and other crop seeds from the light portion and add these to 
the weed or other crop separation, as appropriate. The remainder of the 
light portion shall be considered inert matter. Remove all weed and 
other crop seeds and other inert matter (stems, leaves, dirt) from the 
heavy portion and add these to the weed seed, other crop seed, or inert 
matter separations, as appropriate. The remainder of the heavy portion 
shall be considered pure seed.
    (5) With orchardgrass, after the blowing, proceed with the multiple 
unit procedure.

[[Page 342]]

    (b) The Multiple Unit Procedure of determining the pure seed 
fraction shall be used only for the kinds included in the following 
table when multiple units are present in a sample. These methods are 
applicable to the kinds listed when they occur in mixtures or singly. 
Any single unit without attached structures, as described below, shall 
be considered a single unit. Multiple units and single units for the 
kinds listed shall remain intact. The attached glumes and fertile or 
sterile florets shall not be removed from the fertile floret.
    (1) A multiple unit is a seed unit that includes one or more 
structures as follows (the length of the awn shall be disregarded when 
determining the length of a fertile floret or an attached structure):
    (i) An attached sterile or fertile floret that extends to or beyond 
the tip of a fertile floret;
    (ii) A fertile floret with basally attached glume, glumes, or 
basally attached sterile floret of any length;
    (iii) A fertile floret with two or more attached sterile and/or 
fertile florets of any length.
    (2) Procedure for determination of multiple units:
    (i) For the single kind: determine the percentage of single units 
present, based on the total weight of single units and multiple units. 
Apply the appropriate factor, as determined from the following table, to 
the weight of the multiple units and add that portion of the multiple 
unit weight to the weight of the single units. The remaining multiple 
unit weight shall be added to the weight of the inert matter.
    (ii) For mixtures that include one or more of the kinds in the 
following table, determine the percentage of single units, based on the 
total weight of single units and multiple units, for each kind. Apply 
the appropriate factor as determined from the following table, to the 
weight of multiple units of each kind.

                                                      Table of Factors To Apply to Multiple Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Pubes-
                                                        Chewings    Red    Orchard-   Crested      cent    Intermediate     Tall     Western     Smooth
         Percent of single units of each kind            fescue    fescue    grass     wheat-     wheat-    wheat-grass    wheat-     wheat-     brome
                                                                                       grassb     grass                   grass c     grassc
--------------------------------------------------------------------------------------------------------------------------------------------------------
50 or below...........................................        91       80        80         70         66           72          --         --         72
50.01-55.00...........................................        91       81        81         72         67           74          --         --         74
55.01-60.00...........................................        91       82        81         73         67           75          --         --         75
60.01-65.00...........................................        91       83        82         74         67           76          --         --         76
65.01-70.00...........................................        91       84        82         75         68           77          --         60         78
70.01-75.00...........................................        91       86        82         76         68           78          --         66         79
75.01-80.00...........................................        91       87        83         77         69           79          50         67         81
80.01-85.00...........................................        91       88        83         78         69           80          55         68         82
85.01-90.00...........................................        91       89        83         79         69           81          65         70         83
90.01-100.00..........................................        91       90        84         79         70           82          70         74        85
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The factors represent the percentages of the multiple unit weights which are considered pure seed. The remaining percentage is regarded as inert
  matter.
b Includes both standard crested wheatgrass and fairway crested wheatgrass.
c Dashes in table indicate that no factors are available at the levels shown.


[59 FR 64498, Dec. 14, 1994]



Sec.  201.51b  Purity procedures for coated seed.

    (a) The working sample for coated seed is obtained as described in 
Sec.  201.46(d) (1) and (2), and weighed in grams to four significant 
figures.
    (b) Any loose coating material shall be sieved, weighed, and 
included with the inert matter component.
    (c) Coating material is removed from the seed by washing with water 
or other solvents such as, but not limited to, dilute sodium hydroxide 
(NaOH). Use of fine mesh sieves is recommended for this procedure, and 
stirring or shaking the coated units may be necessary to obtain de-
coated seed.
    (d) Spread de-coated seed on blotters or filter paper in a shallow 
container. Air dry overnight at room temperature.
    (e) Separation of component parts:
    (1) Kind or variety considered pure seed.

[[Page 343]]

    (2) Other crop seed.
    (3) Inert matter.
    (4) Weed seed.
    (f) The de-coated seed shall be separated into four components in 
accordance with Sec. Sec.  201.48 through 201.51. Sec. Sec.  201.51a (a) 
and (b) shall not be followed. The weight of the coating material is 
determined by subtracting the sum of the weights of the other four 
components from the original weight of the working sample. The 
percentage of coating material shall be included with the inert matter 
percentage. Calculate percentages of all components based on the 
original weight of the working sample (see paragraph (a) of this 
section).

[59 FR 64499, Dec. 14, 1994]



Sec.  201.52  Noxious-weed seeds.

    (a) The determination of the number of seeds, bulblets, or tubers of 
individual noxious weeds present per unit weight should be made on at 
least the minimum quantities listed in Sec.  201.46 Table 1: Provided, 
That if the following indicated numbers of a single kind of seed, 
bulblet, or tuber are found in the pure seed analysis (or noxious-weed 
seed examination of a like amount) the occurrence of that kind in the 
remainder of the bulk examined for noxious-weed seeds need not be noted: 
\1/2\-gram purity working sample, 16 or more seeds; 1-gram purity 
working sample, 23 or more seeds; 2-gram purity working sample or 
larger, 30 or more seeds. The seeds per unit weight shall be based on 
the number of single seeds. The number of individual seeds shall be 
determined in burs of sandbur (Cenchrus spp.) and cocklebur (Xanthium 
spp.); in capsules of dodder (Cuscuta spp.); in berries of groundcherry, 
horsenettle, and nightshade (Solanaceae); and in the fruits of other 
noxious weeds that contain more than one seed. Refer to Sec. Sec.  
201.50 and 201.51(b)(4) for the classification of weed seeds and inert 
matter, respectively.
    (b) A noxious-weed seed examination of coated seed samples shall be 
made by examining approximately 25,000 units obtained in accordance with 
Sec.  201.46(d) and which have been de-coated by the method described in 
Sec.  201.51b(c).

[59 FR 64499, Dec. 14, 1994]

           germination tests in the administration of the act



Sec.  201.53  Source of seeds for germination.

    (a) When both purity and germination tests are required, seeds for 
germination shall be taken from the separation of the kind, variety, or 
type considered pure seed and shall be counted without discrimination as 
to size or appearance.
    (b) When only a germination test is required and the pure seed is 
estimated or determined to be at least 98 percent, the pure seed for the 
germination test may be taken indiscriminately from a representative 
portion of the bulk.
    (c) When only a germination test is required and the pure seed is 
found to be less than 98 percent, the seed for the test shall be 
obtained by separating the sample into two components as follows: (1) 
Pure seed and (2) other crop seed, weed seed, and inert matter. In 
making this separation at least \1/4\ of the quantity required for a 
regular purity analysis shall be used. The whole sample must be well 
mixed and divided in such a manner as to get a completely representative 
subsample.

[10 FR 9952, Aug. 11, 1945, as amended at 20 FR 7931, Oct. 21, 1955]



Sec.  201.54  Number of seeds for germination.

    At least 400 seeds shall be tested for germination; except that in 
mixtures, 200 seeds of each of those kinds present to the extent of 15 
percent or less may be used in lieu of 400, in which case an additional 
2 percent is to be added to the regular germination tolerances. The 
seeds shall be tested in replicate tests of 100 seeds or less.

[59 FR 64500, Dec. 14, 1994]



Sec.  201.55  Retests.

    Retests shall be made as follows:
    (a) When the range of 100-seed replicates of a given test exceeds 
the maximum tolerated range in the table appearing in this section.

[[Page 344]]



    Table of Maximum Tolerated Ranges Between 100-Seed Replicates for Use in Connection With Sec.   201.55(A)
----------------------------------------------------------------------------------------------------------------
                             Average percent germinations                               Maximum allowed  between
---------------------------------------------------------------------------------------        replicates
                                                                                       -------------------------
                                                                                             4            2
                                                                                         replicates   replicates
----------------------------------------------------------------------------------------------------------------
99.......................................................................            2            5
98.......................................................................            3            6
97.......................................................................            4            7            6
96.......................................................................            5            8            6
95.......................................................................            6            9            7
94.......................................................................            7           10            8
93.......................................................................            8           10            8
92.......................................................................            9           11            9
91.......................................................................           10           11            9
90.......................................................................           11           12            9
89.......................................................................           12           12           10
88.......................................................................           13           13           10
87.......................................................................           14           13           11
86.......................................................................           15           14           11
85.......................................................................           16           14           11
84.......................................................................           17           14           11
83.......................................................................           18           15           12
82.......................................................................           19           15           12
81.......................................................................           20           15           12
80.......................................................................           21           16           13
79.......................................................................           22           16           13
78.......................................................................           23           16           13
77.......................................................................           24           17           13
76.......................................................................           25           17           13
75.......................................................................           26           17           14
74.......................................................................           27           17           14
73.......................................................................           28           17           14
72.......................................................................           29           18           14
71.......................................................................           30           18           14
70.......................................................................           31           18           14
69.......................................................................           32           18           14
68.......................................................................           33           18           15
67.......................................................................           34           18           15
66.......................................................................           35           19           15
65.......................................................................           36           19           15
64.......................................................................           37           19           15
63.......................................................................           38           19           15
62.......................................................................           38           19           15
61.......................................................................           40           19           15
60.......................................................................           41           19           15
59.......................................................................           42           19           15
58.......................................................................           43           19           15
57.......................................................................           44           19           15
56.......................................................................           45           19           15
55.......................................................................           46           20           15
54.......................................................................           47           20           16
53.......................................................................           48           20           16
52.......................................................................           48           20           16
51.......................................................................           50           20           16
----------------------------------------------------------------------------------------------------------------

    (b) When at the time of the prescribed final count there are 
indications, such as presence of firm ungerminated seeds, that a 
satisfactory germination has not been obtained;
    (c) When there is evidence that the results may not be reliable due 
to improper test conditions, errors in seedling evaluation, the presence 
of fungi or bacteria, or inaccuracies in counting or recording results;
    (d) When a sample shows seedling injury or abnormality as a result 
of chemical treatment, of exposure to chemicals, or of toxicity from any 
source. (Retest shall be made in soil or a mixture of soil and sand);
    (e) When no two satisfactory tests are within tolerance.


[[Page 345]]


    Note to Sec.  201.55: To find the maximum tolerated range, compute 
the average percentage of all 100 seed replicates of a given test, 
rounding off the result to the nearest whole number. The germination is 
found in the first two columns of the table. When the differences 
between highest and lowest replicates do not exceed the corresponding 
values found in the ``4 replicates'' column, no additional testing is 
required. However, if the differences exceed the values in the ``4 
replicates'' column, retesting is necessary.

[25 FR 8771, Sept. 13, 1960, as amended at 65 FR 1707, Jan. 11, 2000]



Sec.  201.55a  Moisture and aeration of substratum.

    (a) The substratum must be moist enough to supply the needed 
moisture to the seeds at all times. Excessive moisture which will 
restrict aeration of the seeds should be avoided. Except as provided for 
those kinds of seeds requiring high moisture levels of the germination 
media, the substrata should never be so wet that a film of water is 
formed around the seeds. For most kinds of seeds blotters or other paper 
substrata should not be so wet that by pressing, a film of water forms 
around the finger.
    (b) The following formula may be used as a guide in the preparation 
of sand for germination tests:

[118.3 cc. (1 gill) sand/Its weight in grams]x20.2-8.0=The number of cc. 
           of water to add to each 100 grams of air-dry sand.

    (c) The amount of water provided by this formula is satisfactory for 
seeds the size of clovers and will have to be modified slightly, 
depending on the kind of seed being tested and the kind of sand used. 
For example, slightly more moisture should be added when the larger 
seeds are to be tested.
    (d) In preparing soil tests water should be added to the soil until 
it can be formed into a ball when squeezed in the palm of the hand but 
will break freely when pressed between two fingers. After the soil has 
been moistened it should be rubbed through a sieve and put in the seed 
containers without packing.
    (e) The addition of water subsequent to placing the seed in test 
will depend on the evaporation from the substrata in the germination 
chambers. Since the rate of evaporation will depend upon the relative 
humidity of the air, it is desirable to keep water in the germination 
chambers or to provide other means of supplying a relative humidity of 
approximately 95 percent. Germination tests should be observed at 
frequent intervals to insure an adequate moisture supply of the 
substrata at all times.

[20 FR 7931, Oct. 21, 1955]



Sec.  201.56  Interpretation.

    (a) A seed shall be considered to have germinated when it has 
developed those essential structures which, for the kind of seed under 
consideration, are indicative of its ability to produce a normal plant 
under favorable conditions. In general, the following are considered to 
be essential structures necessary for the continued development of the 
seedling (although some structures may not be visible in all kinds at 
the time of seedling evaluation). Seedlings possessing these essential 
structures are referred to as normal seedlings: Root system (consisting 
of primary, secondary, seminal, or adventitious roots); hypocotyl; 
epicotyl; cotyledon(s); terminal bud; primary leaves; and coleoptile and 
mesocotyl (in the grass family). Abnormal seedlings consist of those 
with defects to these structures, as described in the abnormal seedling 
descriptions, and are judged to be incapable of continued growth. The 
seedling descriptions assume that test conditions were adequate to allow 
proper assessment of the essential seedling structures.
    (b) Sand and/or soil tests may be used as a guide in determining the 
classification of questionable seedlings and the evaluation of 
germination tests made on approved artificial media. This is intended to 
provide a method of checking the reliability of tests made on artificial 
substrata when there may be doubt as to the proper evaluation of such 
tests.
    (c) Seedlings infected with fungi or bacteria should be regarded as 
normal if all essential structures are present. A seedling that has been 
seriously damaged by bacteria or fungi from any source other than the 
specific seed should be regarded as normal if it is determined that all 
essential structures

[[Page 346]]

were present before the injury or damage occurred. Germination counts 
should be made on samples where contamination and decay are present at 
approximately 2-day intervals between the usual first count and the 
final count. During the progress of the germination test, seeds which 
are obviously dead and moldy and which may be a source of contamination 
of healthy seeds should be removed at each count and the number of such 
dead seeds should be recorded. When symptoms of certain diseases develop 
which can be readily recognized and identified, their presence should be 
noted.
    (d) Seed units containing more than one seed or embryo, such as New 
Zealand spinach seed, Beta seed, double fruits of the carrot family 
(Umbelliferae), multiple seeds of burnet, and seed units of grasses 
consisting of multiple florets, shall be tested as a single seed and 
shall be regarded as having germinated if they produce one or more 
normal seedlings.
    (e) Standard guides for seedling interpretation shall include the 
following descriptions for specific kinds and groups. The ``General 
Description'' for each group of crop kinds describes a seedling without 
defects. While such a seedling is clearly normal, seedlings with some 
defects may also be classified as normal, provided the defects do not 
impair the functioning of the structure. The ``Abnormal seedling 
description'' is to be followed when judging the severity of defects.

[20 FR 7931, Oct. 21, 1955, as amended at 25 FR 8771, Sept. 13, 1960; 59 
FR 64500, Dec. 14, 1994]



Sec.  201.56-1  Goosefoot family, Chenopodiaceae, and Carpetweed family, Aizoaceae.

    Kinds of seed: Beet, Swiss chard, fourwing saltbush, spinach, New 
Zealand spinach, and forage kochia.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Leaf-like cotyledons and perisperm.
    (3) Shoot system: The hypocotyl elongates carrying the cotyledons 
above the soil surface. The epicotyl usually does not show any 
development within the test period.
    (4) Root system: A primary root; secondary roots may develop within 
the test period.
    (5) Seedling: Frequent counts should be made on multigerm beet since 
the growing seedlings will separate from the cluster making it difficult 
to identify the source. Any cluster which produces at least one normal 
seedling is classified as normal; only one normal seedling per cluster 
is to be counted (see Sec.  201.56(d)). Toxic substances from the 
clusters of beet and Swiss chard may cause discoloring of the hypocotyl 
and/or root. Seedlings which are slightly discolored are to be 
classified as normal; however, if there is excessive discoloration, 
retest by the method in Sec.  201.58(b)(3).
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks extending into the conducting tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (iii) Watery.
    (4) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (iii) For discolored roots of beet and Swiss chard, see Sec.  
201.58(b)(3).
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection. (For discolored seedlings of beet and Swiss 
chard, see Sec.  201.58(b)(3).)
    (ii) Albino.

[59 FR 64500, Dec. 14, 1994]



Sec.  201.56-2  Sunflower family, Asteraceae (Compositae).

    Kinds of seed: Artichoke, cardoon, chicory, dandelion, endive, great 
burdock, lettuce, safflower, salsify, Louisiana sagewort, and sunflower.
    (a) Lettuce.
    (1) General description.

[[Page 347]]

    (i) Germination habit: Epigeal dicot.
    (ii) Food reserves: Cotyledons which expand and become thin, leaf-
like, and photosynthetic. The cotyledons of some varieties develop 
elongated petioles.
    (iii) Shoot system: The hypocotyl elongates and carries the 
cotyledons above the soil surface. The epicotyl usually does not show 
any development within the test period.
    (iv) Root system: A long primary root.
    (v) Seedling: The interpretations of lettuce seedlings are made only 
at the end of the test period.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original cotyledon tissue remaining 
attached.
    (B) Less than half of the original cotyledon tissue free of necrosis 
or decay. (Remove attached seed coat for evaluation of cotyledons. 
Physiological necrosis is manifested by discolored areas on the 
cotyledons and should not be confused with natural pigmentation of some 
lettuce varieties.)
    (ii) Epicotyl:
    (A) Missing. (May be assumed to be present if cotyledons are 
intact.)
    (B) Any degree of necrosis or decay.
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue.
    (B) Severely twisted or grainy.
    (C) Watery.
    (iv) Root:
    (A) Stubby or missing primary root. (Secondary roots will not 
compensate for a defective primary root.)
    (B) Primary root tip blunt, swollen, or discolored. (Toxic materials 
in the substratum may cause short, blunt roots; see Sec.  201.58(a)(9).)
    (C) Primary root with splits or lesions.
    (v) Seedling:
    (A) Swollen cotyledons associated with extremely short or vestigial 
hypocotyl and root.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (b) Other kinds in the sunflower family: Artichoke, cardoon, 
chicory, dandelion, endive, great burdock, safflower, salsify, Louisiana 
sagewort, and sunflower.
    (1) General description.
    (i) Germination habit: Epigeal dicot.
    (ii) Food reserves: Cotyledons which expand and become thin, leaf-
like, and photosynthetic.
    (iii) Shoot system: The hypocotyl elongates and carries the 
cotyledons above the soil surface. The epicotyl usually does not show 
any development within the test period.
    (iv) Root system: A long primary root with secondary roots usually 
developing within the test period.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original cotyledon tissue remaining 
attached.
    (B) Less than half of the original cotyledon tissue free of necrosis 
or decay. (Remove any attached seed coats at the end of the test period 
for evaluation of cotyledons.)
    (ii) Epicotyl:
    (A) Missing. (May be assumed to be present if cotyledons are 
intact.)
    (B) [Reserved]
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue.
    (B) Malformed, such as markedly shortened, curled, or thickened.
    (C) Watery.
    (iv) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots. (Seedlings with roots bound within tough seed coats 
should be left in the test until the final count to allow for 
development.)
    (v) Seedling:
    (A) One or more essential structures impaired as a result of decay 
from primary infection.
    (B) Albino.

[59 FR 64500, Dec. 14, 1994]



Sec.  201.56-3  Mustard family, Brassicaceae (Cruciferae).

    Kinds of seed: Broccoli, brussels sprouts, cabbage, Chinese cabbage, 
cauliflower, collards, garden cress, upland cress, water cress, kale, 
Chinese kale, Siberian kale, kohlrabi, mustard, pakchoi, radish, rape, 
rutabaga, and turnip.
    (a) General description.

[[Page 348]]

    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Cotyledons which expand and become thin, leaf-
like and photosynthetic. In Brassica, Sinapis, and Raphanus, the 
cotyledons are bi-lobed and folded, with the outer cotyledon being 
larger than the inner.
    (3) Shoot system: The hypocotyl elongates and carries the cotyledons 
above the soil surface; the epicotyl usually does not show any 
development within the test period.
    (4) Root system: A long primary root.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Decayed at point of attachment.
    (ii) Less than half of the original cotyledon tissue remaining 
attached.
    (iii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if the cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks extending into the conducting tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (iii) Watery.
    (4) Root:
    (i) Weak, stubby, or missing primary root. (Secondary roots will not 
compensate for a defective root.)
    (ii) [Reserved]
    (5) Seedling:
    (i) One or more essential structures impaired as result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64501, Dec. 14, 1994]



Sec.  201.56-4  Cucurbit family, (Cucurbitaceae).

    Kinds of seed: Citron, cucumber, West India gherkin, melon, pumpkin, 
squash, and watermelon.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Cotyledons which are large and fleshy; they 
expand, become photosynthetic, and usually persist beyond the seedling 
stage.
    (3) Shoot system: The hypocotyl elongates and the cotyledons are 
pulled free of the seed coat, which often adheres to a peg-like 
appendage at the base of the hypocotyl. The epicotyl usually does not 
show any development within the test period.
    (4) Root system: A long primary root with numerous secondary roots.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay. (Remove any attached seed coats at the end of the 
test period for evaluation of cotyledons.)
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if the cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks extending into the conducting tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (4) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root, with less than two 
strong secondary or adventitious roots.
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64501, Dec. 14, 1994]



Sec.  201.56-5  Grass family, Poaceae (Gramineae).

    Kinds of seed: Bentgrasses, bluegrasses, bluestems, bromes, cereals, 
fescues, millets, orchardgrass, redtop, ryegrasses, sorghums, timothy, 
turf timothy, wheatgrasses, and all other grasses listed in Sec.  
201.2(h).
    (a) Cereals: Agrotricum, barley, oat, rye, mountain rye, wheat, 
wheatxagrotricum, and triticale.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon 
which is in direct contact with the endosperm. During germination the 
scutellum remains inside the seed to absorb nutrients from the endosperm 
and transfer them to the growing seedling.
    (iii) Shoot system: The shoot consists of the coleoptile, leaves 
enclosed in the coleoptile, and the mesocotyl. The

[[Page 349]]

coleoptile elongates and pushes through the soil surface; the mesocotyl 
may elongate depending on the variety and light intensity, but may not 
be discernible. Splitting of the coleoptile occurs naturally as a result 
of growth and emergence of the leaves.
    (iv) Root system: A primary root and seminal roots. The primary root 
is not readily distinguishable from the seminal roots; therefore, all 
roots arising from the seed are referred to as seminal roots.
    (2) Abnormal seedling description.
    (i) Shoot:
    (A) Missing.
    (B) No leaf.
    (C) Leaf extending less than halfway up into the coleoptile.
    (D) Leaf extensively shredded or split.
    (E) Spindly or watery.
    (F) Grainy, spirally twisted, shredded, and weak.
    (G) Deep open cracks in the mesocotyl.
    (ii) Root:
    (A) Less than one strong seminal root.
    (B) [Reserved]
    (iii) Seedling:
    (A) Decayed at point of attachment to the scutellum.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (D) Endosperm obviously detached from the root-shoot axis (e.g. 
kernel lifted away by the growing shoot).
    (E) Thickened and shortened roots and/or shoots.
    (b) Rice.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon 
which is in direct contact with the endosperm. During germination the 
scutellum remains inside the seed to absorb nutrients from the endosperm 
and transfer them to the growing seedling.
    (iii) Shoot system: The shoot consists of the coleoptile, leaves 
enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates 
and pushes through the soil or water surface; the mesocotyl may elongate 
depending on the variety and environmental conditions. Splitting of the 
coleoptile occurs naturally as a result of growth and emergence of the 
leaves.
    (iv) Root system: Strong primary root and seminal roots. 
Adventitious roots may start to develop from the mesocotyl or 
coleoptilar node within the test period. If the mesocotyl elongates, the 
adventitious roots will be carried above the grain.
    (2) Abnormal seedling description.
    (i) Shoot:
    (A) Missing.
    (B) No leaf.
    (C) Leaf extending less than halfway up into the coleoptile.
    (D) Leaf extensively shredded or split.
    (E) Spindly or watery.
    (F) Deep open cracks in the mesocotyl.
    (ii) Root:
    (A) None.
    (B) Weak primary root with insufficient seminal or adventitious 
roots.
    (iii) Seedling:
    (A) Decayed at point of attachment to the scutellum.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (c) Corn.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon 
which is in direct contact with the endosperm. During germination the 
scutellum remains inside the seed to absorb nutrients from the endosperm 
and transfer them to the growing seedling.
    (iii) Shoot system: The shoot consists of the coleoptile, leaves 
enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates 
and pushes through the soil surface. The mesocotyl usually elongates. 
Splitting of the coleoptile occurs naturally as a result of growth and 
emergence of the leaves. A twisted and curled shoot bound by a tough 
seed coat may be considered normal, provided the shoot is not decayed.

[[Page 350]]

    (iv) Root system: Strong primary root and seminal roots. 
Adventitious roots may start to develop from the mesocotyl or 
coleoptilar node within the test period.
    (2) Abnormal seedling description.
    (i) Shoot:
    (A) Missing.
    (B) Thickened and shortened.
    (C) No leaf.
    (D) Leaf extending less than halfway up into the coleoptile.
    (E) Leaf extensively shredded or split.
    (F) Spindly or watery.
    (G) Deep open cracks in the mesocotyl.
    (ii) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak seminal roots.
    (iii) Seedling:
    (A) Decayed at point of attachment to the scutellum.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (d) Johnsongrass, sorghum, sorgrass, sorghum almum, sudangrass, and 
sorghum-sudangrass.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon 
which is in direct contact with endosperm. During germination the 
scutellum remains inside the seed to absorb nutrients from the endosperm 
and transfer them to the growing seedling.
    (iii) Shoot system: The shoot consists of the coleoptile, leaves 
enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates 
and pushes through the soil surface; the mesocotyl usually elongates. 
Areas of natural, reddish pigmentation may develop on the mesocotyl and 
coleoptile. Splitting of the coleoptile occurs naturally as a result of 
growth and emergence of the leaves.
    (iv) Root system: A long primary root, usually with secondary roots 
developing within the test period. Adventitious roots may start to 
develop from the mesocotyl or coleoptilar node within the test period. 
Areas of natural, reddish pigmentation may develop on the root.
    (2) Abnormal seedling description.
    (i) Shoot:
    (A) Missing.
    (B) Thickened and shortened.
    (C) No leaf.
    (D) Leaf extending less than halfway up into the coleoptile.
    (E) Leaf extensively shredded or split.
    (F) Spindly or watery.
    (G) Deep open cracks in the mesocotyl.
    (ii) Root:
    (A) None.
    (B) Damaged or weak primary root with less than two strong secondary 
roots.
    (iii) Seedling:
    (A) Decayed at point of attachment to the scutellum.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (e) Grasses and millets.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm. The scutellum is a modified cotyledon 
which is in direct contact with the endosperm. During germination the 
scutellum remains inside the seed to absorb nutrients from the endosperm 
and transfer them to the growing seedling.
    (iii) Shoot system: The shoot consists of the coleoptile, leaves 
enclosed in the coleoptile, and the mesocotyl. The coleoptile elongates 
and pushes through the soil surface. The mesocotyl may or may not 
elongate significantly, depending on the kind. Splitting of the 
coleoptile occurs naturally as a result of growth and emergence of the 
leaves.
    (iv) Root system: A long primary root. Secondary or adventitious 
roots may develop within the test period. In certain kinds (e.g. 
bermudagrass) the primary root may not be readily visible because it is 
coiled inside the tightly fitting lemma and palea. At the time of 
evaluation, the glumes should be removed and the root observed. Such 
seedlings are classified as normal if the

[[Page 351]]

primary root has developed. For Kentucky bluegrass, a primary root \1/
16\ inch (1.6 mm) or more in length is classified as normal.
    (2) Abnormal seedling description.
    (i) Shoot:
    (A) Missing.
    (B) Short, thick, and grainy.
    (C) No leaf.
    (D) Leaf extending less than halfway up into the coleoptile.
    (E) Leaf extensively shredded or split.
    (F) Spindly or watery.
    (G) Deep open cracks in the mesocotyl.
    (ii) Root:
    (A) Missing or defective primary root even if other roots are 
present.
    (B) Spindly, stubby, or watery primary root.
    (iii) Seedling:
    (A) Decayed at point of attachment to the scutellum.
    (B) One or more essential structures impaired as a result of decay 
from primary infection.
    (C) Albino.
    (D) Yellow (when grown in light).
    (E) Endosperm obviously detached from the root-shoot axis (e.g. 
kernel lifted away by the growing shoot).

[59 FR 64501, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000]



Sec.  201.56-6  Legume or pea family, Fabaceae (Leguminosae).

    Kinds of seed: Alfalfa, alyceclover, asparagusbean, beans (Phaseolus 
spp.), Florida beggarweed, black medic, broadbean, burclovers, 
buttonclover, chickpea, clovers (Trifolium spp.), cowpea, crotalarias, 
crownvetch, guar, hairy indigo, kudzu, lentil, lespedezas, lupines, 
northern sweetvetch, peas, peanut, roughpea, sainfoin, sesbania, 
sourclover, soybean, sweetclovers, trefoils, velvetbean, and vetches.
    (a) Field bean, garden bean, lima bean, mung bean, asparagusbean, 
and cowpea.
    (1) General description.
    (i) Germination habit: Epigeal dicot.
    (ii) Food reserves: Cotyledons which are large and fleshy.
    (iii) Shoot system: The hypocotyl elongates and carries the 
cotyledons above the soil surface. The epicotyl elongates, causing the 
terminal bud to emerge from between the cotyledons; the primary leaves 
expand rapidly.
    (iv) Root system: A long primary root with secondary roots.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) For garden bean (Phaseolus vulgaris in part), remove any 
attached seed coats at the end of the test period for evaluation of 
cotyledons:
    (1) Less than half of the original cotyledon tissue remaining 
attached.
    (2) Less than half of the original cotyledon tissue free of necrosis 
or decay.
    (B) All other kinds:
    (1) Both missing and the seedling generally weak.
    (2) [Reserved]
    (ii) Epicotyl:
    (A) Missing.
    (B) Deep open cracks.
    (C) Malformed, such as markedly curled or thickened.
    (D) Less than one primary leaf.
    (E) Primary leaves too small in proportion to the rest of the 
seedling, usually associated with visible defects of, or damage to, the 
main stem of the epicotyl.
    (F) Terminal bud missing or damaged. (If a few seedlings with total 
or partial decay to the epicotyl are found, they may be classified as 
normal, provided the hypocotyl and root are normal. The epicotyl on such 
seedlings usually does not decay when grown in a fairly dry environment 
and exposed to light. A retest, preferably in soil or sand, will aid in 
interpretation of such seedlings.)
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue. (A healed 
break, sometimes referred to as a ``knee,'' is considered normal.)
    (B) Malformed, such as markedly shortened, curled, or thickened. 
(Hypocotyl stunting or curling may be caused by seedling orientation or 
constriction on or in the substratum.) (Hypocotyl collar rot is the 
breakdown of hypocotyl tissue initially characterized by a watery 
appearance and collapse of the hypocotyl below the cotyledonary node. 
The area later becomes discolored, shrivelled, and necrotic. The 
condition is caused by insufficient calcium available to the

[[Page 352]]

seedling. If hypocotyl collar rot is observed on seedlings of garden 
bean, the sample involved shall be retested in accordance with Sec.  
201.58(b)(12).)
    (iv) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots. (A root bound within a tough seed coat is considered 
normal.)
    (v) Seedling:
    (A) One or more essential structures impaired as the result of decay 
from primary infection. (Secondary infection is common in towel and 
blotter tests. Some pathogens, such as Fusarium, Phomopsis, and 
Rhizoctonia, can spread through the substratum and infect seedlings some 
distance away from the primary source. Seedlings with secondary 
infection are to be classified as normal. A retest in sand or soil may 
be advisable.)
    (B) Albino.
    (b) Adzuki bean, broadbean, chickpea, field pea, lentil, pea, 
roughpea, runner bean, velvetbean, and vetches.
    (1) General description.
    (i) Germination habit: Hypogeal dicot.
    (ii) Food reserves: Cotyledons which are large and fleshy, and 
remain enclosed within the seed coat beneath the soil surface. They are 
usually not photosynthetic.
    (iii) Shoot system: The epicotyl elongates and carries the terminal 
bud and primary leaves above the soil surface. The stem bears one or 
more scale leaves and, prior to emergence, is arched near the apex, 
causing the terminal bud to be pulled through the soil; after emergence, 
the stem straightens. For practical purposes, the hypocotyl is not 
discernible and is not an evaluation factor. Buds in the axils of each 
cotyledon and scale leaf usually remain dormant unless the terminal bud 
is seriously damaged. In this case, one or more axillary buds may start 
to develop into a shoot. If the axillary shoot is well-developed, it may 
be considered normal.
    (iv) Root system: A long primary root with secondary roots.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original tissue remaining attached.
    (B) Less than half of the original tissue free of necrosis or decay.
    (ii) Epicotyl:
    (A) Missing.
    (B) Less than one primary leaf.
    (C) Malformed such as markedly shortened, curled, or thickened.
    (D) Severely damaged (e.g. terminal bud missing or damaged) with 
only a weak shoot developing from the axil of a cotyledon or scale leaf.
    (E) Two weak and spindly shoots.
    (F) Deep open cracks extending into the conducting tissue.
    (iii) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak secondary roots.
    (iv) Seedlings:
    (A) One or more essential structures impaired as a result of decay 
from primary infection. (Secondary infection is common in towel and 
blotter tests. Some pathogens can spread through the substratum and 
infect seedlings some distance away from the primary source. Seedlings 
with secondary infection are classified as normal. A retest in sand or 
soil may be advisable.)
    (B) Albino.
    (c) Soybean and lupine.
    (1) General description.
    (i) Germination habit: Epigeal dicot.
    (ii) Food reserves: Cotyledons, which are large and fleshy; they 
expand and become photosynthetic.
    (iii) Shoot system: The hypocotyl elongates and carries the 
cotyledons above the soil surface. The primary leaves usually increase 
in size and the epicotyl may elongate within the test period.
    (iv) Root system: A long primary root with secondary roots.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original cotyledon tissue remaining 
attached.
    (B) Less than half of the original cotyledon tissue free of necrosis 
or decay.
    (ii) Epicotyl:
    (A) Missing.
    (B) Less than one primary leaf.
    (C) Deep open cracks.
    (D) Terminal bud damaged, missing, or decayed. (If a few seedlings 
with partial decay of the epicotyl are found,

[[Page 353]]

they may be classified as normal, provided the hypocotyl and root are 
normal. The epicotyl on such seedlings usually does not decay when grown 
in a fairly dry environment and is exposed to light. A retest, 
preferably in soil or sand, will aid in interpretation of such 
seedlings.)
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue. 
(Adventitious roots may occur at the site of injury, particularly on the 
hypocotyl and near the base of the cotyledons. The seedling is 
classified as normal if the injury is healed over and other essential 
structures are normal.)
    (B) Malformed, such as markedly shortened, curled, or thickened. 
(Hypocotyl development is slow until the roots start functioning. 
Caution should be exercised to ensure slow seedlings are not classified 
as abnormal. Hypocotyl stunting or curling also may be caused by 
seedling orientation or constriction on or in the substratum.)
    (iv) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots. (Roots of seedlings on ``Kimpak'' with insufficient 
moisture may not become established and hypocotyl elongation may appear 
to be abnormal. There may be curling of the root and hypocotyl. When a 
number of seedlings are observed with this condition, the sample should 
be retested.)
    (v) Seedlings:
    (A) One or more essential structures impaired as a result of decay 
from primary infection. (Secondary infection is common in towel and 
blotter tests. Some pathogens, such as Fusarium, Phomopsis, and 
Rhizoctonia, can spread through the substratum and infect seedlings some 
distance away from the primary source. Seedlings with secondary 
infection are to be classified as normal. A retest in sand or soil may 
be advisable.)
    (B) Albino.
    (d) Peanut.
    (1) General description.
    (i) Germination habit: Epigeal dicot.
    (ii) Food reserves: Cotyledons, which are large and fleshy.
    (iii) Shoot system: The cotyledons are carried to the soil surface 
by the hypocotyl which is very thick, narrowing abruptly at the root. 
Elongation of the hypocotyl stops when the epicotyl is exposed to light 
at the soil surface. The primary leaves are compound and usually expand 
during the test period.
    (iv) Root system: A long primary root with secondary roots. 
Adventitious roots develop from the base of the hypocotyl if the primary 
root is damaged.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original cotyledon tissue remaining 
attached.
    (B) Less than half of the original cotyledon tissue free of necrosis 
or decay.
    (ii) Epicotyl:
    (A) Missing.
    (B) Less than one primary leaf.
    (C) Deep open cracks.
    (D) Terminal bud damaged, missing, or decayed.
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue.
    (B) Malformed, such as markedly shortened or curled. (Hypocotyls 
remain somewhat thickened and may appear to be stunted. Light, depth of 
planting, and substratum moisture all contribute to the length of the 
hypocotyl. Hypocotyl stunting or curling may be caused by seedling 
orientation or constriction in the substratum. Seedlings planted in a 
soil test with the radicle too close to the surface may send roots above 
the soil and appear to exhibit negative geotropism and a distorted, U-
shaped hypocotyl.
    (iv) Root:
    (A) None.
    (B) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (v) Seedling:
    (A) One or more essential structures impaired as a result of primary 
infection.
    (B) Albino.
    (e) Alfalfa, alyceclover, Florida beggarweed, black medic, 
burclovers, buttonclover, milkvetch, clovers, crotalarias, crownvetch, 
guar, hairy indigo, kudzu, lespedezas, northern

[[Page 354]]

sweetvetch, sainfoin, sesbania, sourclover, sweetclovers, and trefoils.
    (1) General description.
    (i) Germination habit: Epigeal dicot.
    (ii) Food reserve: Cotyledons, which are small and fleshy; they 
expand and become photosynthetic. The cotyledons of sub clover develop 
elongated petioles.
    (iii) Shoot system: The hypocotyl elongates and carries the 
cotyledons above the soil surface. The epicotyl usually does not show 
any development within the test period.
    (iv) Root system: A long, tapering primary root, usually with root 
hairs. Secondary roots may or may not develop within the test period, 
depending on the kind.
    (2) Abnormal seedling description.
    (i) Cotyledons:
    (A) Less than half of the original cotyledon tissue remaining 
attached. (Breaks at the point of attachment of the cotyledons to the 
hypocotyl are common in seeds which have been mechanically damaged. It 
is important that seedlings not be removed during preliminary counts 
unless development is sufficient to allow the conditions of the 
cotyledons to be determined. If the point of attachment of the 
cotyledons cannot be seen at the end of the test, the seed coat should 
be peeled back to determine whether a break has occurred.)
    (B) Less than half of the original cotyledon tissue free of necrosis 
or decay.
    (ii) Epicotyl:
    (A) Missing. (May be assumed to be present if both cotyledons are 
intact.)
    (B) [Reserved]
    (iii) Hypocotyl:
    (A) Deep open cracks extending into the conducting tissue.
    (B) Malformed, such as markedly shortened, curled, or thickened. 
(Seedlings of sainfoin which have been constricted by growing through 
the netting of the pod, but which are otherwise normal, are classified 
as normal.)
    (C) Weak and watery.
    (iv) Root:
    (A) None.
    (B) Primary root stubby. (The roots of sweetclovers may be stubby 
when grown on artificial substrata due to the presence of coumarin in 
the seed; since this condition usually does not occur in soil, such 
seedlings are classified as normal. Roots may appear stubby as a result 
of being bound by the seed coat; such seedlings are classified as 
normal. Crownvetch produces phytotoxic effects similar to sweetclovers.)
    (C) Split extending into the hypocotyl.
    (v) Seedling:
    (A) One or more essential structures impaired as a result of decay 
from primary infection.
    (B) Albino.

[59 FR 64503, Dec. 14, 1994, as amended at 65 FR 1708, Jan. 11, 2000]



Sec.  201.56-7  Lily family, Liliaceae.

    Kinds of seed: Asparagus, chives, leek, onion, and Welsh onion.
    (a) Asparagus.
    (1) General description.
    (i) Germination habit: Hypogeal monocot.
    (ii) Food reserves: Endosperm which is hard, semi- transparent, and 
non-starchy; minor reserves in the cotyledon. The endosperm surrounds 
the entire embryo.
    (iii) Cotyledon: A single cylindrical cotyledon; following 
germination, all but the basal end remains embedded in the endosperm to 
absorb nutrients.
    (iv) Shoot system: The epicotyl elongates and carries the terminal 
bud above the soil surface. The epicotyl may bear several small scale 
leaves. A short hypocotyl is barely distinguishable, joining the root to 
the basal end of the cotyledon. More than one shoot may arise 
simultaneously, and the seedling may be considered normal if at least 
one shoot is well- developed and has a terminal growing point, provided 
other essential structures are normal.
    (v) Root system: A long slender primary root.
    (2) Abnormal seedling description.
    (i) Cotyledon:
    (A) Detached from seedling.
    (B) Deep open cracks at basal end.
    (ii) Epicotyl:
    (A) Missing.
    (B) Terminal bud missing or damaged.
    (C) Deep open cracks.
    (D) Malformed, such as markedly shortened, curled, or thickened.
    (E) Spindly.

[[Page 355]]

    (F) Watery.
    (iii) Hypocotyl:
    (A) Deep open cracks.
    (B) [Reserved]
    (iv) Root:
    (A) No primary root.
    (B) Stubby primary root with weak secondary roots.
    (v) Seedling:
    (A) One or more essential structures impaired as a result of decay 
from primary infection.
    (B) Albino.
    (b) Chives, leek, onion, Welsh onion.
    (1) General description.
    (i) Germination habit: Epigeal monocot.
    (ii) Food reserves: Endosperm which is hard, semi-transparent, and 
non-starchy; minor reserves in the cotyledon.
    (iii) Cotyledon: A single cylindrical cotyledon. The cotyledon 
emerges with the seed coat and endosperm attached to the tip. A sharp 
bend known as the ``knee'' forms; continued elongation of the cotyledon 
on each side of this knee pushes it above the soil surface. The 
cotyledon tip is pulled from the soil and straightens except for a 
slight kink which remains at the site of the knee.
    (iv) Shoot system: The first foliage leaf emerges through a slit 
near the base of the cotyledon, but this does not usually occur during 
the test period. The hypocotyl is a very short transitional zone between 
the primary root and the cotyledon, and is not distinguishable for 
purposes of seedling evaluation.
    (v) Root system: A long slender primary root with adventitious roots 
developing from the hypocotyl. The primary root does not develop 
secondary roots.
    (2) Abnormal seedling description.
    (i) Cotyledon:
    (A) Short and thick.
    (B) Without a definite bend or ``knee''.
    (C) Spindly or watery.
    (ii) Epicotyl:
    (A) Not observed during the test period.
    (B) [Reserved]
    (iii) Hypocotyl:
    (A) Not evaluated.
    (B) [Reserved]
    (iv) Root:
    (A) No primary root.
    (B) Short, weak, or stubby primary root.
    (v) Seedling:
    (A) One or more essential structures impaired as a result of decay 
from primary infection.
    (B) Albino.

[59 FR 64504, Dec. 14, 1994]



Sec.  201.56-8  Flax family, Linaceae.

    Kind of seed: Flax.
    (a) General description.
    (1) Germination habit: Epigeal dicot. (Due to the mucilaginous 
nature of the seed coat, seedlings germinated on blotters may adhere to 
the blotter and appear to be negatively geotropic.)
    (2) Food reserves: Cotyledons which expand and become 
photosynthetic.
    (3) Shoot system: The hypocotyl elongates carrying the cotyledons 
above the soil surface. The epicotyl usually does not show any 
development within the test period.
    (4) Root system: A primary root, with secondary roots usually 
developing within the test period.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks extending into the conducting tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (4) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64505 Dec. 14, 1994]

[[Page 356]]



Sec.  201.56-9  Mallow family, Malvaceae.

    Kinds of seed: Cotton, kenaf, and okra.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserve: Cotyledons, which are convoluted in the seed; they 
expand and become thin, leaf-like, and photosynthetic.
    (3) Shoot system: The hypocotyl elongates carrying the cotyledons 
above the soil surface. The epicotyl usually does not show any 
development within the test period. Areas of yellowish pigmentation may 
develop on the hypocotyl in cotton.
    (4) Root system: A primary root, with secondary roots usually 
developing within the test period. Areas of yellowish pigmentation may 
develop on the root in cotton.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay. (Remove any attached seed coats at the end of the 
test period for evaluation of cotyledons.)
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if both cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks or grainy lesions extending into the conducting 
tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (4) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection. (A cotton seedling with yellowish areas on the 
root or hypocotyl is classified as normal, provided the cotyledons are 
free of infection.)
    (ii) Albino.

[59 FR 64505 Dec. 14, 1994]



Sec.  201.56-10  Spurge family, Euphorbiaceae.

    Kind of seed: Castorbean.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Cotyledons, which are thin and leaf-like; 
endosperm (fleshy food-storage organs) usually persisting in the 
laboratory test.
    (3) Shoot system: The hypocotyl lengthens, carrying the cotyledons, 
endosperm, and epicotyl above the soil surface.
    (4) Root system: A primary root, with secondary roots usually 
developing within the test period.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Endosperm:
    (i) Missing.
    (ii) [Reserved]
    (3) Epicotyl:
    (i) Missing.
    (ii) Damaged or missing terminal bud.
    (4) Hypocotyl:
    (i) Deep open cracks extending into the conducting tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (5) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (6) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64505 Dec. 14, 1994]



Sec.  201.56-11  Knotweed family, Polygonaceae.

    Kinds of seed: Buckwheat, rhubarb, and sorrel.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Cotyledons, starchy endosperm.
    (3) Shoot system: The hypocotyl elongates carrying the cotyledons 
above the soil surface. The epicotyl usually does not show any 
development within the test period.
    (4) Root system: A primary root, with secondary roots developing 
within the test period for some kinds.
    (b) Abnormal seedling description.

[[Page 357]]

    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Deep open cracks or grainy lesions extending into the conducting 
tissue.
    (ii) Malformed, such as markedly shortened, curled, or thickened.
    (iii) Watery.
    (4) Root:
    (i) None.
    (ii) Weak, stubby, or missing primary root with weak secondary or 
adventitious roots.
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64506, Dec. 14, 1994]



Sec.  201.56-12  Miscellaneous plant families.

    Kinds of seed by family:
    Carrot family, Apiaceae (Umbelliferae)--carrot, celery, celeriac, 
dill, parsley, parsnip;
    Hemp family, Cannabaceae--hemp;
    Dichondra family, Dichondraceae--dichondra;
    Geranium family, Geraniaceae--alfilaria;
    Mint family, Lamiaceae (Labiatae)--sage, summer savory; benne 
family, Pedaliaceae--sesame;
    Rose family, Rosaceae--little burnet;
    Nightshade family, Solanaceae--eggplant, tomato, husk tomato, 
pepper, tobacco; and
    Valerian family, Valerianaceae--cornsalad.
    (a) General description.
    (1) Germination habit: Epigeal dicot.
    (2) Food reserves: Cotyledons; endosperm may or may not be present, 
depending on the kind.
    (3) Shoot system: The hypocotyl elongates, carrying the cotyledons 
above the soil surface. The epicotyl usually does not show any 
development within the test period.
    (4) Root system: A primary root; secondary roots may or may not 
develop within the test period, depending on the kind.
    (b) Abnormal seedling description.
    (1) Cotyledons:
    (i) Less than half of the original cotyledon tissue remaining 
attached.
    (ii) Less than half of the original cotyledon tissue free of 
necrosis or decay.
    (2) Epicotyl:
    (i) Missing. (May be assumed to be present if the cotyledons are 
intact.)
    (ii) [Reserved]
    (3) Hypocotyl:
    (i) Malformed, such as markedly shortened, curled, or thickened.
    (ii) Deep open cracks extending into the conducting tissue.
    (iii) Watery.
    (4) Root:
    (i) None.
    (ii) Missing or stubby primary root with weak secondary or 
adventitious roots.
    (5) Seedling:
    (i) One or more essential structures impaired as a result of decay 
from primary infection.
    (ii) Albino.

[59 FR 64506, Dec. 14, 1994]



Sec.  201.57  Hard seeds.

    Seeds which remain hard at the end of the prescribed test because 
they have not absorbed water, due to an impermeable seed coat, are to be 
counted as ``hard seed.'' If at the end of the germination period 
provided for legumes, okra, cotton and dichondra in these rules and 
regulations there are still present swollen seeds or seeds of these 
kinds which have just started to germinate, all seeds or seedlings 
except the above-stated shall be removed and the test continued for 5 
additional days and the normal seedlings included in the percentage of 
germination. For flatpea, continue the swollen seed in test for 14 days 
when germinating at 15-25 [deg]C or for 10 days when germinating at 20 
[deg]C.

[5 FR 33, Jan. 4, 1940, as amended at 10 FR 9952, Aug. 11, 1945; 20 FR 
7936, Oct. 21, 1955; 65 FR 1708, Jan. 11, 2000]



Sec.  201.57a  Dormant seeds.

    Dormant seeds are viable seeds, other than hard seeds, which fail to 
germinate when provided the specified

[[Page 358]]

germination conditions for the kind of seed in question.
    (a) Viability of ungerminated seeds shall be determined by any of 
the following methods or combinations of methods: a cutting test, 
tetrazolium test, scarification, or application of germination promoting 
chemicals.
    (b) The percentage of dormant seed, if present, shall be determined 
in addition to the percentage of germination for the following kinds: 
Bahiagrass, basin wildrye, big bluestem, little bluestem, sand bluestem, 
yellow bluestem, bottlebrush-squirreltail, buffalograss, buffelgrass, 
galletagrass, forage kochia, blue grama, side-oats grama, Indian 
ricegrass, johnsongrass, sand lovegrass, weeping lovegrass, mountain 
rye, sand dropseed, smilo, switchgrass, veldtgrass, western wheatgrass, 
and yellow indiangrass.
    (c) For green needlegrass, if the test result of method 2 is less 
than the result of method 1, subtract the result of method 2 from method 
1 and report the difference as the percentage of dormant seed. Refer to 
Sec.  201.58(b)(7).

[46 FR 53638, Oct. 29, 1981, as amended at 59 FR 64506, Dec. 14. 1994]



Sec.  201.58  Substrata, temperature, duration of test, and certain other 
specific directions for testing for germination and hard seed.

    Specific germination requirements are set forth in table 2 to which 
the following paragraphs (a), (b), and (c) are applicable.
    (a) Definitions and explainations applicable to table 2--(1) 
Duration of tests. The following deviations are permitted from the 
specified duration of tests: Any test may be terminated prior to the 
number of days listed under ``Final count'' if the miximum germination 
of the sample has then been determined. The number of days stated for 
the first count is approximate and a deviatioon of 1 to 3 days is 
permitted. If at the time of the prescribed test period the seedlings 
are not sufficiently developed for positive evaluation, it is possible 
to extend the time of the test period two additional days. (Also, see 
paragraph (a)(5) of this section and 201.57.)
    (2) Light. Cool white fluorescent light shall be provided where 
light is required in table 2. The light intensity shall be 75 to 125 
foot-candles (750-1,250 lux). (The light intensity for nondormant seed 
and during seedling development may be as low as 25 foot-candles to 
enable the essential structures to be evaluated with greater certainty.) 
The seeds shall be illuminated for at least 8 hours every 24 hours 
except when transferred to a low temperature germinator during the 
weekend. When seeds are germinated at alternating temperatures they 
shall be illuminated during high temperature periods. Seeds for which 
light is prescribed shall be germinated on top of the substratum except 
for ryegrass fluorescence tests.
    (3) Moisture-on-dry-side. This term means that the moistened 
substratum should be pressed against a dry absorbent surface such as a 
dry paper towel or blotter to remove excess moisture. The moisture 
content thus obtained should be maintained throughout the germination 
test period.
    (4) Potassium nitrate (KNO3). These terms mean a two-
tenths (0.2) percent solution of potassium nitrate (KNO3) 
shall be used in moistening the substratum. Such solution is prepared by 
dissolving 2 grams of KNO3 in 1,000 ml. of distilled water. 
The grade of the potassium nitrate shall meet A.C.S. specifications.
    (5) Prechill. The term ``prechill'' means a cold, moist treatment 
applied to seeds to overcome dormancy prior to the germination test. The 
prechill method varies among kinds, but is usually performed by holding 
imbibed seeds at a low temperature for a specified period of time. The 
prechill period is not included in the duration of tests given in table 
2, unless otherwise specified.
    (6) Predry. The term ``predry'' means to place the seed in a shallow 
layer at a temperature of 35 [deg] to 40 [deg]C. for a period of 5 to 7 
days, with provisions for circulation of the air.
    (7) Substrata (Kinds). The symbols used for substrata are:
B= between blotters
TB= top of blotters
T= paper toweling, used either as folded towel tests or as roll towel 
          tests in horizontal or vertical position
S= sand or soil where soil is an artificial planting mix of shredded 
          peat moss, vermiculite, and perlite
TS= top of sand or soil

[[Page 359]]

P= covered Petri dishes: with two layers of blotters; with one layer of 
          absorbent cotton; with five layers of paper toweling; with 
          three thicknesses of filter paper; or with sand or soil
C= creped cellulose paper wadding (0.3-inch thick Kimpak or equivalent) 
          covered with a single thickness of blotter through which holes 
          are punched for the seed that are pressed for about one-half 
          their thickness into the paper wadding
TC= on top of creped cellulose paper without a blotter
RB= blotters with raised covers, prepared by folding up the edges of the 
          blotter to form a good support for the upper fold which serves 
          as a cover, preventing the top from making direct contact with 
          the seeds.
    (8) Temperature. A single numeral indicates a constant temperature. 
Two numerals separated by a dash indicate an alternation of temperature, 
the test to be held at the first temperature for approximately 16 hours 
and at the second temperature for approximately 8 hours per day. The 
temperature shall be determined at the substratum level and shall be as 
uniform as possible throughout the germination chamber. (A sharp 
alternation of temperature, such as obtained by hand transfer, may be 
beneficial in breaking dormancy.) If tests are not subjected to 
alternating temperatures over weekends and on holidays, they are to be 
held at the first-mentioned temperature during this time. In cases where 
two temperatures are indicated (separated by a semicolon) the first 
temperature shall be regarded as the regular method and the second as an 
alternate method.
    (9) Paper substrata must be free of chemicals toxic to germinating 
seed and seedling growth. If root injury occurs from toxicity of a paper 
substratum or from the use of potassium nitrate, retests shall be made 
on soil or on a substratum moistened with water.
    (10) Ethephon. This term means a 29 parts per million (0.0029 
percent) solution of ethephon [(2-chloroethyl) phosphonic acid] which 
shall be used to moisten the substratum. This solution is prepared by 
mixing 0.6 ml of a stock solution with 5,000 ml of distilled water. The 
stock solution contains 24 grams of active material per 100 ml of 
propylene glycol or two pounds of active material per gallon. A solution 
which is five times this concentration (5x29 ppm) may be used for 
extremely dormant seeds, provided seeds are transferred to substratum 
moistened with water after 1 to 3 days.
    (11) Ethylene. This term means that five (5) ml of ethylene gas per 
cubic foot (176.57 ml/m\3\) of germinator space is injected into a 
germinator in which peanut seeds in moist rolled towels have been 
placed. Following injection of the ethylene, the germinator is kept 
closed until the first count (5 days). If the germinator door is opened 
for the purpose of checking or rewetting the samples, another injection 
of ethylene at the same rate shall be made.
    (b) Special procedures and alternate methods for germination 
referred to in table 2--(1) Alyceclover; swollen seeds. At the 
conclusion of the 21-day test period, carefully pierce the seed coat 
with a sharp instrument and continue the test for 5 additional days. 
Alternate method: The swollen seeds may be placed at 20 [deg]C for 48 
hours and then at 35 [deg]C for 3 additional days.
    (2) Bahiagrass; removal of glumes. On all varieties except 
``Pensacola,'' remove the enclosing structures (glumes, lemma, and 
palea) from the caryopsis with the aid of a sharp scalpel. If the seed 
is fresh or dormant, lightly scratch the surface of the caryopsis.
    (3) Beet, Swiss chard; preparation of seed for test. Before the 
seeds are placed on the germination substratum, they shall be soaked in 
water for 2 hours, using at least 250 ml of water per 100 seeds, then 
washed in running water and the excess water blotted off. The 
temperature of the soaking and washing water should be no lower than 20 
[deg]C. Samples producing excessive discoloration of the hypocotyl or 
root should be retested in soil or by washing in running water for 3 
hours and testing on ``Kimpak,'' keeping the seed covered with slightly 
moist blotters. Sugar beets may require 16 hours soaking in water at 25 
[deg]C, followed by rinsing and then drying for 2 hours at room 
temperature.
    (4) Buffelgrass; alternate method for dormant seed. The caryopses 
shall be removed from the fascicles and placed on blotters moistened 
with a 0.2 percent solution of KNO3, in petri dishes. The 
seeds from a fascicle should be arranged so they will not be confused

[[Page 360]]

with seeds from other fascicles during the test. The seeds are then 
prechilled at 5 [deg]C for 7 days and tested at 30 [deg]C in light for 
21 additional days. Firm ungerminated seeds remaining at the conclusion 
of the test should be scratched lightly and left in test for 7 
additional days.
    (5) Cotton (Gossypium spp.); dormant samples. Samples of cottonseed 
which do not respond to the usual method should be placed in a closed 
container with water and shaken until the lint is thoroughly wet. The 
excess moisture should then be blotted off.
    (6) Endive (Cichorium endivia); dormant samples. Add about \1/8\ 
inch of tap water at the beginning of the test and remove excess water 
after 24 hours.
    (7) Green needlegrass; two test methods as prescribed in table 2 
shall be used on each sample:
    (i) For method 1, acid scarify 400 seeds for 10 minutes in 
concentrated sulfuric acid (95 to 98 percent H2 
SO4). Rinse seeds and dry on blotters for 16 hours, then 
place seeds on blotters moistened with a solution of 0.055 percent (500 
ppm gibberellic acid GA3) and 0.46 percent (3,000 ppm) thiram 
and germinate 14 days.
    (ii) For method 2, plant 400 seeds on blotters moistened with a 0.2 
percent solution of KNO3 and germinate 14 days. Refer to 
Sec.  201.57a(c).
    (iii) Report the results of method 2 as the percentage germination. 
If the number in method 2 is less than method 1, subtract the results of 
method 2 from method 1 and report the difference as dormant seed.
    (8) Rescue grass (Bromus catharticus); dormant samples. Wash for 48 
hours in running water, or soak for 48 hours, changing the water and 
rinsing each morning and night.
    (9) Rice (Oryza sativa)--Alternate method. Plant the seeds in moist 
sand. On the seventh day of the test add water to a depth of one-fourth 
inch above the sand level and leave for the remainder of the test. Only 
a final count is made. Dormant seeds: Presoak 24 to 48 hours in 40 
[deg]C. water. For deeply dormant seeds, presoak 24 hours in 1,000 
p.p.m. ethylene chlorohydrin or 5 percent solution of sodium 
hypochlorite (clorox at bottle strength).
    (10) Ryegrass; fluorescence test. The germination test for 
fluorescence of ryegrass shall be conducted in light [not to exceed 100 
foot candles (1,076 lux)] with white filter paper as the substratum. The 
white filter paper should be nontoxic to the roots of ryegrass and of a 
texture that will resist penetration of ryegrass roots. Distilled or 
deionized water shall be used to moisten the filter paper. The test 
shall be conducted in a manner that will prevent the contact of roots of 
different seedlings. Roots of some seedlings produce fluorescent lines 
on white filter paper when viewed under ultraviolet light. First counts 
shall not be made before the eighth day; at that time remove only normal 
fluorescent seedlings. Evaluation of fluorescence shall be made under 
F15T8-BLB or comparable ultraviolet tubes in an area where light from 
other sources is excluded. If there are over 75 percent normal 
fluorescent seedlings present at the time of the first count, break the 
contact of the roots of the nonfluorescent seedlings from the substratum 
and reread the fluorescence at the time of the final count. At the final 
count, lift each remaining seedling, observing the path of each root 
since sometimes faint fluorescence will show on the substratum as the 
root is lifted. Abnormal seedlings and dead seeds are not evaluated for 
fluorescence. See Sec.  201.58a(a).
    (11) Trifolium, Medicago, Melilotus, and Vicia faba; temperature 
requirements. A temperature of 18 [deg]C. is desirable for Trifolium 
spp., Medicago spp., Melilotus spp., and Vicia faba.
    (12) Garden bean; use of calcium nitrate. If hypocotyl collar rot is 
observed on seedlings, the sample involved shall be retested using a 0.3 
to 0.6 percent solution of calcium nitrate (CaNO3) to moisten 
the substratum.
    (13) Fourwing Saltbush (Atriplex canscens); preparation of seed for 
test. DE-wing seeds and soak for 2 hours in 3 leters of water after 
which rince with approximately 3 leters of distilled water. Remove 
excess water, air dry for 7 days at room temperature, then test for 
germination as indicated in Table 2.
    (c) Procedures for coated seed:
    (1) Germination tests on coated seed shall be conducted in 
accordance with methods in paragraphs (a) and (b) of

[[Page 361]]

this section. However, kinds for which soaking or washing is specified 
in paragraph (b) shall not be soaked or washed in the case of coated 
seed.
    (i) Coated seed units shall be placed on the substratum in the 
condition in which they are received without rinsing, soaking, or any 
other pretreatment.
    (ii) Coated seed units in mixtures which are color coded or can 
otherwise be separated by kinds shall be germinated as separate kinds 
without removing the coating material.
    (iii) Coated seed units in mixtures which cannot be separated by 
kinds without removing the coating material shall be de-coated and 
germinated as separate kinds. The coating material shall be removed in a 
manner that will not affect the germination capacity of the seeds.
    (2) The moisture level of the substratum is important. It may depend 
on the water-absorbing capacity of the coating material. A retest may be 
necessary before satisfactory germination of the sample is achieved.
    (3) Phytotoxic symptoms may be evident when germinating coated seeds 
in paper substrata. In such cases a retest in sand or soil may be 
necessary.

[[Page 362]]



                                                  Table 2--Germination Requirements for Indicated Kinds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Additional directions
                                                                                        First    Final  ------------------------------------------------
           Name of seed                 Substrata           Temperature ([deg]C)        count    count         Specific
                                                                                         days     days       requirements        Fresh and dormant seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   AGRICULTURAL SEED
Agrotricum........................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days.
Alfalfa...........................  B, T, S            20............................        4     \1\7  See [para] (b)(11)..
Alfilaria.........................  B, T               20-30.........................        3       14  Clip seeds..........
Alyceclover.......................  B, T               35............................        4    \1\21  See [para] (b)(1)
                                                                                                          for swollen seeds.
Bahiagrass:
    Var. Pensacola................  P, S               20-35.........................        7       28  Light; see [para]     See Sec.   201.57a
                                                                                                          (b)(2).
    All other vars................  P                  30-35.........................        3       21  Light; remove         Scratch caryopses; KNO3;
                                                                                                          glumes; see [para]    see Sec.   201.57a
                                                                                                          (b)(2).
Barley............................  B, T, S            20; 15........................        4        7  ....................  Prechill 5 days at 5 or
                                                                                                                                10 [deg]C or predry
Barrelclover......................  B, T               20............................        4    \1\14  Remove seeds from
                                                                                                          bur; see [para]
                                                                                                          (b)(11).
Bean:
    Adzuki........................  B, T, S            20-30.........................        4    \1\10
    Field.........................  B, T, S, TC        20-30; 25.....................        5     \1\8
    Mung..........................  B, T, S            20-30.........................        3     \1\7
Beet, field.......................  B, T, S            20-30.........................        3       14  See [para] (b)(3)...
Beet, sugar.......................  B, T, S            20-30; 20.....................        3       10  See [para] (b)(3)...
Beggarweed, Florida...............  B, T               30............................        5    \1\28
Bentgrass:
    Colonial......................  P                  15-30; 10-30; 15-25...........        7       28  Light; KNO3.........  Prechill at 5 or 10
                                                                                                                                [deg]C for 7 days.
    Creeping......................  P                  15-30; 10-30; 15-25...........        7       28  Light; KNO3.........  Prechill at 5 or 10
                                                                                                                                [deg]C for 7 days.
    Velvet........................  P                  15-25; 20-30..................        7       21  Light; KNO3.........
Bermudagrass......................  P                  20-35.........................        7       21  Light; KNO3; see
                                                                                                          [para] (a)(9).
Bermudagrass, giant...............  P                  20-35.........................        7       21  Light; KNO3; see      Prechill at 10 [deg]C for
                                                                                                          [para] (a)(9).        7 days and then test at
                                                                                                                                20-35 [deg]C; continue
                                                                                                                                tests of hulled seed for
                                                                                                                                14 days and of unhulled
                                                                                                                                seed for 21 days
Bluegrass:
    Annual........................  P                  20-30.........................        7       21  Light...............
    Bulbous.......................  P, S               10............................       10       35  KNO3 or soil........  Prechill all samples at 5
                                                                                                                                [deg]C for 7 days.
    Canada........................  P                  15-25; 15-30..................       10       28  Light; KNO3.........  10-30 [deg]C.
    Glaucantha....................  P                  15-25; 15-30..................       10       28  Light; KNO3.........
    Kentucky......................  P                  15-25; 15-30..................       10       28  Light; KNO3.........  Prechill at 10 [deg]C for
                                                                                                                                5 days.
    Nevada........................  P                  20-30.........................        7       21  Light; KNO3.........
    Rough.........................  P                  20-30.........................        7       21  Light...............
    Texas.........................  P                  20-30.........................        7       28  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks.
    Wood..........................  P                  20-30.........................        7       28  Light...............
Bluejoint.........................  TB, P              15-25.........................       10       21  Light and KNO3        Prechill at 5 [deg]C for
                                                                                                          optional.             5 days
Bluestem:
    Big...........................  P, TS              20-30.........................        7       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
    Little........................  P, TS              20-30.........................        7       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
    Sand..........................  P, TS              20-30.........................        7       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
    Yellow........................  P, TS              20-30.........................        5       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
Bottlebrush-squirreltail..........  P, B               20; 15........................       10       14  ....................  See Sec.   201.57a.

[[Page 363]]

 
Brome:
    Field.........................  P, TB              15-25; 20-30..................        6       14  Light...............  Prechill at 10 [deg]C for
                                                                                                                                5 days.
    Meadow........................  B, T, TB           20-30.........................        6       14  Light optional......
    Mountain......................  P                  20-30.........................        6       14  Light...............
    Smooth........................  P, B, TB           20-30.........................        6       14  Light optional......  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, then
                                                                                                                                test at 30 [deg]C for 9
                                                                                                                                additional days.
Broomcorn.........................  B, T, S            20-30.........................        3       10
Buckwheat.........................  B, T               20-30.........................        3        6
Buffalograss:
    (Burs)........................  P,TB,TS            20-35.........................        7       14  Light;KNO3..........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; See Sec.
                                                                                                                                201.57a.
    (Caryopses)...................  P                  20-35.........................        5       14  Light;KNO3..........
Buffelgrass.......................  S                  30............................        7       28  Light; press          See [para] (b)(4); see
                                                                                                          fascicles into well-  Sec.   201.57a.
                                                                                                          packed soil and
                                                                                                          prechill at 5
                                                                                                          [deg]C for 7 days.
Burclover, California.............  B, T               20............................        4   \1\ 14  Remove seeds from
                                                                                                          bur; see [para]
                                                                                                          (b)(11).
Burclover, spotted................  B, T               20............................        4   \1\ 14  Remove seeds from
                                                                                                          bur; see [para]
                                                                                                          (b)(11).
Burnet, littler...................  B, T               15............................        5       14
Buttonclover......................  B, T               20............................        4   \1\ 10  See [para] (b)(11)..  15 [deg]C.
Canarygrass.......................  B, T               20-30.........................        3        7
Canarygrass, reed.................  P                  20-30.........................        5       21  Light; KNO3.........
Carpetgrass.......................  P                  20-35.........................       10       21  Light...............  KNO3.
Castorbean........................  T, S               20-30.........................        7       14  Remove caruncle if
                                                                                                          mold interferes
                                                                                                          with test.
Chess, soft.......................  P                  20-30.........................        7       14  Light...............  Prechill at 5 or 10
                                                                                                                                [deg]C for 7 days.
Chickpea..........................  T,S                20-30.........................        3   \1\ 17
Clover:
    Alsike........................  B, T, S            20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Arrowleaf.....................  B, T               20; 15........................        4   \1\ 14  See [para] (b)(11)..
    Berseem.......................  B, T, S            20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Cluster.......................  B, T               20............................        4   \1\ 10  See [para] (b)(11)..  15 [deg]C.
    Crimson.......................  B, T, S            20............................        4    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Kenya.........................  B, T, S            20............................        3       17
    Ladino........................  B, T, S            20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Lappa.........................  B, T               20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Large hop.....................  B, T               20............................        4   \1\ 14  See [para] (b)(11)..  15 [deg]C.
    Persian.......................  B, T               20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Red...........................  B, T, S            20............................        4    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Rose..........................  B, T               20............................        4   \1\ 10  See [para] (b)(11)..  15 [deg]C.
    Small hop.....................  B, T               20............................        4   \1\ 14  See [para] (b)(11)..  15 [deg]C.
    Strawberry....................  B, T               20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
    Sub...........................  B, T               20............................        4   \1\ 14  See [para] (b)(11)..  15 [deg]C.
    White.........................  B, T, S            20............................        3    \1\ 7  See [para] (b)(11)..  15 [deg]C.
Corn:
    Field.........................  B, T, S, TC        20-30; 25.....................        4        7
    Pop...........................  B, T, S, TC        20-30; 25.....................        4        7
Cotton............................  B, T, S            20-30; 30.....................        4   \1\ 12                        Test by alternate method;
                                                                                                                                see [para] (b)(5).
Cowpea............................  B, T, S            20-30.........................        5    \1\ 8
Crambe............................  T,B                20;25.........................        4        7  ....................  KNO3

[[Page 364]]

 
Crested dogtail...................  P                  20-30.........................       10       21  Light...............  Prechill at 5 [deg] or 10
                                                                                                                                [deg]C for 3 days.
Crotalaria:
    Lance.........................  B, T, S            20-30.........................        4   \1\ 10
    Showy.........................  B, T, S            20-30.........................        4   \1\ 10
    Slenderleaf...................  B, T, S            20-30.........................        4   \1\ 10
    Striped.......................  B, T, S            20-30.........................        4   \1\ 10
    Sunn..........................  B, T, S            20-30.........................        4   \1\ 10
Crownvetch........................  B,T,TB,S           20............................        7   \1\ 14
Dallisgrass.......................  P                  20-35.........................        7       21  Light; KNO3.........
Dichondra.........................  B, T               20-30.........................        7   \1\ 28
Drop seed, sand...................  P                  5-35; 15-35...................        5       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                4 weeks; see Sec.
                                                                                                                                201.57a.
Emmer.............................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days or
                                                                                                                                predry.
Fescue:
    Chewings......................  P                  15-25.........................        7       21  Light and KNO3        Prechill at 5 or 10
                                                                                                          optional.             [deg]C for 5 days.
    Hair..........................  P                  10-25.........................       10       28  KNO3................
    Hard..........................  P                  15-25.........................        7       21  Light and KNO3
                                                                                                          optional.
    Meadow........................  P                  15-25; 20-30..................        5       14  Light and KNO3
                                                                                                          optional.
    Red...........................  P                  15-25.........................        7       21  Light and KNO3
                                                                                                          optional.
    Sheep.........................  P                  15-25.........................        7       21  Light and KNO3
                                                                                                          optional.
    Tall..........................  P                  15-25; 20-30..................        5       14  Light and KNO3        Prechill at 5 or 10
                                                                                                          optional.             [deg]C for 5 days and
                                                                                                                                test for 21 days.
Flatpea...........................  T                  15-25;20......................       14   \1\ 28
Flax..............................  B, T, S            20-30.........................        3        7
Foxtail, creeping.................  P                  15-30.........................        7       21  Light;KNO3..........
Foxtail, meadow...................  P                  20-30.........................        7       14  Light...............
Galletagrass......................  P, B               20; 25; 20-30.................        4       10  ....................  See Sec.   201.57a
Grama:
    Blue..........................  P, TB              20-30.........................        7       14  Light...............  KNO3; see Sec.   201.57a.
    Side-oats.....................  P                  15-30.........................        7       14  Light; KNO3.........  See Sec.   201.57a.
Guar..............................  B, T, S            30; 20-30.....................        5   \1\ 14
Guineagrass.......................  P                  15-35.........................       10       28  Light; KNO3 optional
Hardinggrass......................  P                  10-30.........................        7       28  Light...............  KNO3.
    Alternate method..............  P                  15-25.........................        7       14  Light; presoak at 15
                                                                                                          [deg]C for 24 hrs.
Hemp..............................  B, T               20-30.........................        3        7
Indiangrass, yellow...............  P, TS              20-30.........................        7       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
Indigo, hairy.....................  B, T               20-30.........................        5   \1\ 14
Japanese lawngrass................  P                  35-20.........................       10       28  Light; KNO3.........
Johnsongrass......................  P                  20-35.........................        7       35  Light...............  KNO3; see Sec.   201.57a.
Kenaf.............................  T, B               20-30.........................        4    \1\ 8
Kochia, forage....................  P                  20............................        4       14  ....................  See Sec.   201.57a.
Kudzu.............................  B, T               20-30.........................        5   \1\ 14
Lentil............................  B, T               20............................        5   \1\ 10
Lespedeza:
    Korean........................  B, T, S            20-35.........................        5   \1\ 14

[[Page 365]]

 
    Sericea.......................  B, T, S            20-35.........................        7   \1\ 21
    Siberian......................  B, T, S            20-35.........................        7   \1\ 21
    Striate.......................  B, T, S            20-35.........................        7   \1\ 14
Lovegrass, sand...................  P                  20-30.........................        5       14  Light; KNO3.........  Prechill at 5 or 10
                                                                                                                                [deg]C for 6 weeks; see
                                                                                                                                Sec.   201.57a.
Lovegrass, weeping................  P                  20-35.........................        5       14  Light...............  KNO3; see Sec.   201.57a.
Lupine:
    Blue..........................  B, T, S            20............................        4   \1\ 10
    White.........................  B, T               20............................        3   \1\ 10  ....................
    Yellow........................  B, T               20............................        7   \1\ 10  ....................
Manilagrass.......................  P                  35-20.........................       10       28  Light; KNO3.........
Medic, black......................  B, T, S            20............................        4    \1\ 7  See [para] (b)(11)..
Milkvetch.........................  B, T               20............................        6   \1\ 14
    Alternate method..............  B, TB, T           15-25.........................       10   \1\ 21
Millet:
    Browntop......................  B, P, T            20-30; 30.....................        4       14  Light and KNO3        Predry at 35 or 40 [deg]C
                                                                                                          optional.             for 7 days and test at
                                                                                                                                30 [deg]C.
      Alternate method............  B, P, T            5-35..........................        4       14  Light; KNO3.........
    Foxtail.......................  B, T               15-30; 20-30..................        4       10
    Japanese......................  B, T               20-30.........................        4       10
    Pearl.........................  B, T               20-30.........................        3        7
    Proso.........................  B, T               20-30.........................        3        7
Molassesgrass.....................  P                  20-30.........................        7       21  Light...............
Mustard:
    Black.........................  P                  20-30.........................        3        7  Light...............  KNO3 and prechill at 10
                                                                                                                                [deg]C for 3 days.
    India.........................  P                  20-30.........................        3        7  Light...............  Prechill at 10 [deg]C for
                                                                                                                                7 days and test for 5
                                                                                                                                days; KNO3.
    White.........................  P                  20-30.........................        3        5  Light...............
Napiergrass.......................  B, T               20-30.........................        3       10
Needlegrass, green:
    Method 1......................  P                  15-30.........................        7       14  H2 SO4,GA3 and
                                                                                                          thiram; dark; see
                                                                                                          [para](b)(7).
    Method 2......................  P                  15-30.........................        7       14  KNO3; dark; see
                                                                                                          (b)(7).
Oat...............................  B, T, S            20; 15........................        5       10  Prechill at 5 or 10
                                                                                                          [deg]C for 5 days
                                                                                                          and test for 7 days
                                                                                                          or predry and test
                                                                                                          for 10 days..
Oatgrass, tall....................  P                  20-30.........................        6       14  Light...............
Orchardgrass......................  P, TS              15-25.........................        7       21  Light; germination    Prechill at 5 or 10
                                                                                                          more rapid on soil.   [deg]C for 7 days.
Panicgrass, blue..................  P, TS              20-30.........................        7       28  Light...............
Panicgrass, green.................  P                  15-35.........................       10       28  Light; KNO3 optional
Pea, field........................  B, T, S            20............................        3     \1\8
Peanut............................  B, T, S            20-30; 25.....................        5    \1\10  Remove shells.......  Ethephon or ethylene; see
                                                                                                                                [para] (a) (10) and
                                                                                                                                (11).
Rape:
    Annual........................  B, T               20-30.........................        3        7
    Bird..........................  P                  20-30.........................        3       10  Light...............  KNO3.
    Turnip........................  B, T               20-30.........................        3        7
    Winter........................  B, T               20-30.........................        3        7
Redtop............................  P, TB              20-30.........................        5       10  Light...............  KNO3.
Rescuegrass.......................  P, S               10-30.........................        7       28  Light; see [para]     In soil at 15 [deg]C.
                                                                                                          (b)(8) for
                                                                                                          alternate method.
Rhodesgrass.......................  P                  20-30.........................        6       14  Light; KNO3.........
Rice..............................  T, S               20-30; 30.....................        5       14  See [para] (b)(9)     Presoak; see [para]
                                                                                                          for alternate         (b)(9).
                                                                                                          method.

[[Page 366]]

 
Ricegrass, Indian.................  P                  15............................        7       42  ....................  Prechill at 5 [deg]C for
                                                                                                                                4 weeks and test for 21
                                                                                                                                additional days; see
                                                                                                                                Sec.   201.57a.
    Alternate method..............  S                  5-15; 15; 15-25...............        7       28  ....................  Dark; prechill in soil at
                                                                                                                                5 [deg]C for 4 weeks;
                                                                                                                                see Sec.   201.57a.
Roughpea..........................  B, T               20............................        7    \1\14  ....................
Rye...............................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days or
                                                                                                                                predry.
Rye, mountain.....................  B, T               20; 15........................        4        7  ....................  See Sec.   201.57a.
Ryegrass:
    Annual........................  P, TB              15-25.........................        5       14  Light optional; see   Light; KNO3; prechill at
                                                                                                          [para] (b)(10) for    5 or 10 [deg]C for 5
                                                                                                          fluorescence test.    days and test at 15-25
                                                                                                                                [deg]C; if still dormant
                                                                                                                                prechill for 3 days and
                                                                                                                                continue test at 15-25
                                                                                                                                [deg]C an additional 4
                                                                                                                                days.
    Intermediate..................  P, TB              15-25.........................        7       14  Light...............  KNO3 and prechill at 5 or
                                                                                                                                10 [deg]C for 5 days and
                                                                                                                                test at 15-25 [deg]C; if
                                                                                                                                still dormant rechill
                                                                                                                                for 3 days and continue
                                                                                                                                test at 15-25 [deg]C an
                                                                                                                                additional 4 days.
    Perennial.....................  P, TB              15-25.........................        5       14  Light optional; see   Light; KNO3; prechill at
                                                                                                          [para] (b)(10) for    5 or 10 [deg]C for 5
                                                                                                          fluorescence test.    days and test at 15-25
                                                                                                                                [deg]C; if still dormant
                                                                                                                                rechill for 3 days and
                                                                                                                                continue test at 15-25
                                                                                                                                [deg]C an additional 4
                                                                                                                                days.
    Wimmera.......................  P, TB              15-25; 20-30..................        5       14  Light optional......  Light; KNO3; prechill at
                                                                                                                                5 or 10 [deg]C for 5
                                                                                                                                days and test at 15-25
                                                                                                                                [deg]C; if still dormant
                                                                                                                                rechill for 3 days and
                                                                                                                                continue test at 15-25
                                                                                                                                [deg]C an additional 4
                                                                                                                                days.
Safflower.........................  P, B, T, S         15; 20........................        4       14  Light at 15 [deg]C..
Sagewort, Louisiana...............  P                  15-25.........................        7       14  Light...............
Sainfoin..........................  B, T               20-30.........................        4   \1\ 14
Saltbush, fourwing................  B                  20............................        5       14  See [para] (b)(13)..  Prechill at 5 [deg]C for
                                                                                                                                7 days.
    Alternate method..............  B                  15............................  .......       21
Sesame............................  B, T, TB           20-30.........................        3        6
Sesbania..........................  B, T               20-30.........................        5    \1\ 7
Smilo.............................  P                  20-30.........................        7       42  Light...............  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.
Sorghum...........................  B, T, S            20-30.........................        4       10  ....................  Prechill grain vars. at 5
                                                                                                                                [deg] or 10 [deg]C for 5
                                                                                                                                days; test sweet vars.
                                                                                                                                at 30-45 [deg]C,
                                                                                                                                maintaining 45 [deg]C
                                                                                                                                for 2-4 hours per day.
Sorghum almum.....................  T, S               20-35; 15-35..................        5       21  ....................  Prechill at 5 [deg]C for
                                                                                                                                5 days; on the 10th day
                                                                                                                                of test, clip or pierce
                                                                                                                                the distal end of
                                                                                                                                ungerminated seeds.
Sorghum-sudangrass................  B, T, S            20-30; 25.....................        4       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days.
Sorgrass \2\......................  B, T, S            15-35; 20-35..................        5       21  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 7 days.
Sourclover........................  B, T               20............................        3   \1\ 14  See [para] (b)(11)..
Soybean...........................  B, T, S, TC        20-30; 25.....................        5    \1\ 8
Spelt.............................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
Sudangrass........................  B, T, S            20-30; 15-30..................        4       10  ....................  Prechill at 10 [deg]C for
                                                                                                                                5 days.
Sunflower.........................  T,B                20............................        4        7
Sweetclover:
    White.........................  B, T, S            20............................        4    \1\ 7  See [para] (b)(11)..
    Yellow........................  B, T, S            20............................        4    \1\ 7  See [para] (b)(11)..
Sweet vernalgrass.................  P                  20-30.........................        6       14  Light...............
Sweetvetch, northern..............  B, TB, T           15-25; 20.....................       14   \1\ 28
Switchgrass.......................  P, TS              15-30.........................        7       14  Light; KNO3.........  Prechill at 5 [deg]C for
                                                                                                                                2 weeks; see Sec.
                                                                                                                                201.57a.

[[Page 367]]

 
Timothy...........................  P, TB              15-25; 20-30..................        5       10  Light; see [para]     KNO3 and prechill at 5 or
                                                                                                          (a)(9).               10 [deg]C for 5 days.
Timothy, turf.....................  P, TB              15-25; 20-30..................        5       10  Light...............  KNO3 and prechill at 5 or
                                                                                                                                10 [deg]C for 5 days.
Tobacco...........................  P, TB              20-30.........................        7       14  Light...............
Trefoil:
    Big...........................  B, T               20............................        5   \1\ 12
    Birdsfoot.....................  B, P, T            20............................        5   \1\ 12
Triticale.........................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
Vaseygrass........................  P                  20-35.........................        7       21  Light...............  KNO3.
Veldtgrass........................  P                  10-30.........................        7       28  Light...............  See Sec.   201.57a.
Velvetbean........................  B, T, S, C         20-30.........................        3   \1\ 14  ....................
Velvetgrass.......................  P                  20-30.........................        6       14  Light...............
Vetch:
    Common........................  B, T               20............................        5   \1\ 10
    Hairy.........................  B, T               20............................        5   \1\ 14
    Hungarian.....................  B, T               20............................        5   \1\ 10
    Monantha......................  B, T               20............................        5   \1\ 10
    Narrowleaf....................  B, T               20............................        5   \1\ 14
    Purple........................  B, T               20............................        5   \1\ 10
    Woollypod.....................  B, T               20............................        5   \1\ 14  ....................  Prechill at 10 [deg]C for
                                                                                                                                5 days, test at 15
                                                                                                                                [deg]C.
Wheat:
    Common........................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
    Club..........................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
    Durum.........................  B, T, S            20; 15........................        4       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
    Polish........................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
    Poulard.......................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
Wheat Agrotricum..................  B, T, S            20; 15........................        4        7  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days, or
                                                                                                                                predry.
Wheatgrass:
    Beardless.....................  P, TB              15-25.........................        7       14  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
    Fairway crested...............  P, TB              15-25; 20-30..................        5       14  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
    Standard crested..............  P, TB              15-25; 20-30..................        5       14  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
    Intermediate..................  P                  15-25.........................        5       28  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
      Alternate method............  P                  20-30.........................        5       28  Light...............
    Pubescent.....................  P                  15-25.........................        5       28  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
      Alternate method............  P                  20-30.........................        5       28  Light...............
    Siberian......................  P, TB              15-25.........................        7       14  Light and KNO3        KNO3 and prechill at 5 or
                                                                                                          optional.             10 [deg]C for 7 days.
    Slender.......................  P, TB              15-25; 10-30..................        5       14  Light and KNO3        Prechill at 5 or 10
                                                                                                          optional.             [deg]C for 5 days; if
                                                                                                                                still dormant on the
                                                                                                                                10th day, rechill 2
                                                                                                                                days, then place at 20-
                                                                                                                                30 [deg]C for 4 days.
    Streambank....................  P, TB              15-25.........................        5       14  Light and KNO3        Prechill at 5 or 10
                                                                                                          optional.             [deg]C for 5 days.
    Tall..........................  P                  15-25.........................        5       21  Light and KNO3        Prechill at 5 or 10
                                                                                                          optional.             [deg]C for 5 days.
      Alternate method............  P                  20-30.........................        5       21  Light...............  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days.
    Western.......................  B, P, T            15-30.........................        7       28  Dark................  KNO3 or soil; see Sec.
                                                                                                                                201.57a.
Wildrye:
    Basin.........................  P                  15-25.........................       10       21  ....................  See Sec.   201.57a.
    Canada........................  P                  15-30.........................        7       21  Light...............  Prechill at 5 [deg]C for
                                                                                                                                2 weeks.
    Russian.......................  P                  20-30.........................        5       14  Light...............  Prechill at 5 or 10
                                                                                                                                [deg]C for 5 days.
                                                                     VEGETABLE SEED
Artichoke.........................  B, T               20-30.........................        7       21
Asparagus.........................  B, T, S            20-30.........................        7       21
Asparagusbean.....................  B, T, S            20-30.........................        5    \1\ 8
Bean:
    Garden........................  B, T, S, TC        20-30; 25.....................     None    \1\ 8  ....................  See [para] (b)(12).

[[Page 368]]

 
    Lima..........................  B, T, C, S         20-30.........................        5    \1\ 9  ....................
    Runner........................  B, T, S            20-30.........................        5    \1\ 9
Beet..............................  B, T, S            20-30.........................        3       14  See [para] (b)(3)...
Broadbean.........................  S, C               20............................        4   \1\ 14  See [para] (b)(11)..  Prechill at 10 [deg]C for
                                                                                                                                3 days.
Broccoli..........................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Brussels sprouts..................  B, P, T            20-30.........................        3       10  Prechill at 5 or 10
                                                                                                          [deg]C for 3 days;
                                                                                                          KNO3 and light.
Burdock, great....................  B, T               20-30.........................        7       14
Cabbage...........................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Cabbage, Chinese..................  B, T               20-30.........................        3        7  ....................
 
Cabbage, tronchuda................  B, P               20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Cardoon...........................  B, T               20-30.........................        7       21
Carrot............................  B, T               20-30.........................        6       14
Cauliflower.......................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light
Celeriac..........................  P                  5-25; 20......................       10       21  Light; see [para]
                                                                                                          (a)(9).
Celery............................  P                  15-25; 20.....................       10       21  Light; see [para]
                                                                                                          (a)(9).
Chard, Swiss......................  B, T, S            20-30.........................        3       14  See [para] (b)(3)...
Chicory...........................  P, TS              20-30.........................        5       14  Light; KNO3 or soil;
                                                                                                          see [para](a)(9).
Chives............................  B, T               20............................        6       14
Citron............................  B, T               20-30.........................        7       14  Soak seeds 6 hrs....  Test at 30 [deg]C.
Collards..........................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light .
Corn, sweet.......................  B, T, S, TC        20-30; 25.....................        4        7
Cornsalad.........................  B, T               15............................        7       28  Test at 10 [deg]C...
Cowpea............................  B, T, S            20-30.........................        5    \1\ 8
Cress:
    Garden........................  B, P, T            15............................        4       10  ....................  Light.
    Upland........................  P, TB              20-35.........................        4        7  Light; KNO3.........
    Water.........................  P                  20-30.........................        4       14  Light...............
Cucumber..........................  B, T, S            20-30.........................        3        7  Keep substratum on
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).
Dandelion.........................  P, TB              20-30.........................        7       21  Light; see [para]
                                                                                                          (a)(9).
Dill..............................  B, T               20-30.........................        7       21
Eggplant..........................  P, TB, RB, T       20-30.........................        7       14  Light; KNO3.........
Endive............................  P, TS              20-30.........................        5       14  Light; KNO3 or soil.  See [para] (b)(6).
Gherkin, West India...............  B, T, S            20-30.........................        3        7  Test at 30 [deg]C...
Kale..............................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 [deg] or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Kale, Chinese.....................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Kale, Siberian....................  B, P, T            20-30; 20.....................        3        7
Kohlrabi..........................  B, P, T            20-30.........................        3       10  ....................  Prechill at 5 or 10
                                                                                                                                [deg]C for 3 days; KNO3
                                                                                                                                and light.
Leek..............................  B, T               20............................        6       14  ....................
Lettuce...........................  P                  20............................     None        7   Light..............  Prechill at 10 [deg]C for
                                                                                                                                3 days or test at 15
                                                                                                                                [deg]C.
Melon.............................  B, T, S            20-30.........................        4       10  Keep substratum on
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).

[[Page 369]]

 
Mustard, India....................  P                  20-30.........................        3        7  Light...............  Prechill at 10 [deg]C for
                                                                                                                                7 days and test for 5
                                                                                                                                additional days; KNO3.
Mustard, spinach..................  B, T               20-30.........................        3        7
Okra..............................  B, T               20-30.........................        4   \1\ 14  ....................
Onion.............................  B, T               20............................        6       10
    Alternate method..............  S                  20............................        6       12  ....................
Onion, Welsh......................  B, T               20............................        6       10  ....................
Pak-choi..........................  B, T               20-30.........................        3        7  ....................
Parsley...........................  B, T, TS           20-30.........................       11       28  ....................
Parsnip...........................  B, T, TS           20-30.........................        6       28  ....................
Pea...............................  B, T,S             20............................        5    \1\ 8  ....................
Pepper............................  TB, RB, T          20-30.........................        6       14  ....................  Light and KNO3.
Pumpkin...........................  B, T, S            20-30.........................        4        7  Keep substratum on
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).
Radish............................  B, T               20............................        4        6  ....................
Rhubarb...........................  TB, TS             20-30.........................        7       21  Light...............
Rutabaga..........................  B, T               20-30.........................        3       14  ....................
Sage..............................  B, T, S            20-30.........................        5       14  ....................
Salsify...........................  B, T               15............................        5       10  Prechill at 10
                                                                                                          [deg]C for 3 days..
Savory, summer....................  B, T               20-30.........................        5       21  ....................
Sorrel............................   P, TB, TS         20-30.........................        3       14  Light...............  Test at 15 [deg]C.
Soybean...........................   B, T, S, TC       20-30; 25.....................        5    \1\ 8  ....................
Spinach...........................   TB, T             15;10.........................        7       21  Keep substratum on
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).
Spinach, New Zealand..............  T                  15; 20........................        5       21  Soak fruits           On 21st day scrape fruits
                                                                                                          overnight (16 hrs),   and test for 7
                                                                                                          air dry 7 hrs;        additional days.
                                                                                                          plant in very wet
                                                                                                          towels; do not
                                                                                                          rewater unless
                                                                                                          later counts
                                                                                                          exhibit drying out.
Alternate method..................  B, T               15............................        5       21  Remove pulp from
                                                                                                          basal end of fruit.
Squash............................   B, T, S           20-30.........................        4        7  Keep substratum on
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).
Tomato............................  B, P, RB, T        20-30.........................        5       14  ....................  Light; KNO3.
Tomato, husk......................  P, TB              20-30.........................        7       28  Light; KNO3.........
Turnip............................  B, T               20-30.........................        3        7
Watermelon........................  B, T, S            20-30; 25.....................        4       14  Keep substratum on    Test at 30 [deg]C.
                                                                                                          dry side; see
                                                                                                          [para] (a)(3).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Hard seeds may be present. (See Sec.   201.57)
\2\ Rhizomatous derivatives of a johnsongrass sorghum cross or a johnsongrass sudangrass cross.


[[Page 370]]


[20 FR 7928, Oct 21, 1955]

    Editorial Note: For Federal Register citations affecting Sec.  
201.58, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

              examinations in the administration of the act



Sec.  201.58a  Indistinguishable seeds.

    When the identification of the kind, variety, or type of seed or 
determination that seed is hybrid is not possible by seed 
characteristics, identification may be based upon the seedling, growing 
plant or mature plant characteristics according to such authentic 
information as is available.
    (a) Ryegrass. In determining the pure seed percentage of perennial 
ryegrass and annual ryegrass, 400 seeds shall be grown on white filter 
paper and the number of fluorescent seedlings determined under 
ultraviolet light at the end of the germination period (see Sec.  
201.58(b)(10)).
    (1) Fluorescence results are to be determined as test fluorescence 
level (TFL) to two decimal places as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE94.001

    (2) The percentage of perennial ryegrass is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR14DE94.002
    
where VFL=Variety fluorescence level.

    (3) Using results from the above formula, the percentage of annual 
ryegrass is calculated as follows:

% Annual Ryegrass = % Pure Ryegrass-% Perennial Ryegrass

    (4) If the test fluorescence level (TFL) of a perennial ryegrass is 
equal to or less than the variety fluorescence level (VFL) described for 
the variety, all pure ryegrass is considered to be perennial ryegrass 
and the formula is not applied.
    (5) If the test fluorescence level (TFL) of an annual ryegrass is 
equal to or greater than the variety fluorescence level (VFL) described 
for the variety, all pure ryegrass is considered to be annual ryegrass 
and the formula is not applied.
    (6) A list of variety fluorescence level (VFL) descriptions for 
perennial ryegrass varieties which are more than 0 percent fluorescent 
and annual ryegrass varieties which are less than 100 percent 
fluorescent is maintained and published by the National Grass Variety 
Review Board of the Association of Official Seed Certifying Agencies 
(AOSCA). If the variety being tested is not stated or the fluorescence 
level has not been described, the fluorescence level shall be considered 
to be 0 percent for perennial ryegrass and 100 percent for annual 
ryegrass. Both VFL (annual) and VFL (perennial) values must always be 
entered in the formula. If a perennial ryegrass variety is being tested, 
the VFL (annual) value is 100 percent. If an annual ryegrass variety is 
being tested, the VFL (perennial) value is 0 percent. For blends the 
fluorescence level shall be interpolated according to the portion of 
each variety claimed to be present.
    (b) Sweetclover. To determine the presence of yellow sweetclover in 
samples of white sweetclover, at least 400 seeds shall be subjected to 
the chemical test as follows:
    (1) Preparation of test solution: Add 3 grams of cupric sulfate 
(CuSO4) to 30 ml of household ammonia (NH4 OH, 
approximately 4.8 percent) in a stoppered

[[Page 371]]

bottle to form tetraamminecopper sulfate 
([Cu(NH3)4]SO4) solution used for this 
test. After mixing, a light blue precipitate of cupric hydroxide 
(Cu(OH)2) should form. If no precipitate forms, add 
additional CuSO4 until a precipitate appears. Since the 
strength of household ammonia can vary, formation of a precipitate 
indicates that a complete reaction has taken place between 
CuSO4 and NH4 OH; otherwise fumes from excess 
ammonium hydroxide may cause eye irritation.
    (2) Preparation of seeds: To insure imbibition, scratch, prick, or 
otherwise scarify the seed coats of the sweetclover seeds being tested. 
Soak seeds in water for 2 to 5 hours in a glass container.
    (3) Chemical reaction: When seeds have imbibed, remove excess water 
and add enough test solution to cover the seeds. Seeds coats of yellow 
sweetclover will begin to stain dark brown to black; seed coats of white 
sweetclover will be olive or yellow-green. Make the separation within 20 
minutes, since the seed coats of white sweetclover will eventually turn 
black also.
    (4) Calculation of results: Count the number of seeds which stain 
dark brown or black and divide by the total number of seeds tested; 
multiply by the pure seed percentage for Melilotus spp.; the result is 
the percentage of yellow sweetclover in the sample. The percentage of 
white sweetclover is found by subtracting the percentage of yellow 
sweetclover from the percentage of Melilotus spp. pure seed.
    (c) Wheat. In determining varietal purity, the phenol test may be 
used. From the pure seed sample count four replicates of 100 seeds each. 
Soak the seed in distilled water for 16 hours; then flush with tap water 
and remove the excess water from the surface of the seeds. Place two 
layers of filter paper in a container and moisten with a 1 percent 
phenol (C6 H5 OH) solution. Place the seed, palea 
side down, on the two layers of filter paper and cover the container. A 
preliminary observation may be made at 2 hours. At 4 hours, record the 
number of seeds in each of the following color categories:
    (1) Ivory.
    (2) Fawn.
    (3) Light Brown.
    (4) Brown.
    (5) Brown Black.
    (d) Soybean. In determining the varietal purity, the peroxidase test 
may be used. Remove and place the dry seed coat from seeds into 
individual test tubes or suitable containers. Add 10 drops (0.5-1.0 ml) 
of 0.5 percent guaiacol (C7 H8 O2) to 
each test tube. After waiting 10 minutes add one drop (about 0.1 ml) of 
0.1 percent hydrogen peroxide (H2 O2). One minute 
after adding hydrogen peroxide, record the seed coat as peroxidase 
positive (high peroxidase activity) indicated by a reddish-brown 
solution or peroxidase negative (low peroxidase activity) indicated by a 
colorless solution in the test tube. Various sample sizes may be used 
for this test. Test results shall include the sample size tested.
    (e) Oat. In determining the varietal purity, the fluorescence test 
may be used. Place at least 400 seeds on a black background under a 
F15T8-BLB or comparable ultraviolet tube(s) in an area where light from 
other sources is excluded. Seeds are considered fluorescent if the lemma 
or palea fluoresce or appear light in color. ``Partially fluorescent'' 
seeds shall be considered fluorescent. Seeds are considered 
nonfluorescent if the lemma and palea do not fluoresce and appear dark 
in color under the ultraviolet light.

[59 FR 64514, Dec. 14, 1994]

    Editorial Note: For Federal Register citations affecting Sec.  
201.58a, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec.  201.58b  Origin.

    The presence of incidental weed seeds, foreign matter, or any other 
existing circumstances shall be considered in determining the origin of 
seed.

[5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21, 1955]

[[Page 372]]



Sec.  201.58c  Detection of captan, mercury, or thiram on seed.

    The bioassay method may be used according to the procedure given in 
Association of Official Seed Analysts, Handbook No. 26, 
``Microbiological Assay of Fungicide-treated Seeds'', May 1964.

[38 FR 12733, May 15, 1973]



Sec.  201.58d  Fungal endophyte test.

    A fungal endophyte test may be used to determine the amount of 
fungal endophyte (Acremonium spp.) in certain grasses.
    (a) Method of preparation of aniline blue stain for use in testing 
grass seed and plant material for the presence of fungal endophyte:
    (1) Prepare a 1 percent aqueous aniline blue solution by dissolving 
1 gram aniline blue in 100 ml distilled water.
    (2) Prepare the endophyte staining solution of one part of 1 percent 
aniline blue solution with 2 parts of 85 percent lactic acid 
(C3 H6 O3).
    (3) Use stain as-is or dilute with water if staining is too dark.
    (b) Procedure for determining levels of fungal endophyte in grass 
seed:
    (1) Take a sub-sample of seed (1 gram is sufficient) from the pure 
seed portion of the kind under consideration.
    (2) Digest seed at room temperature for 12-16 hours in a 5 percent 
sodium hydroxide (NaOH) solution or other temperature/time combination 
resulting in adequate seed softening.
    (3) Rinse thoroughly in running tap water.
    (4) De-glume seeds and place on a microscope slide in a drop of 
endophyte staining solution. Slightly crush the seeds. Use caution to 
prevent carryover hyphae of fungal endophyte from one seed to another.
    (5) Place coverglass on seed and apply gentle pressure.
    (6) Examine with compound microscope at 100-400x magnification, 
scoring a seed as positive if any identifiable hyphae are present.
    (7) Various sample sizes may be used for this test. Precision 
changes with sample size; therefore, the test results must include the 
sample size tested.
    (c) Procedure for determining levels of fungal endophyte in 
seedlings from seed samples suspected to contain fungal endophyte:
    (1) Select seeds at random and germinate.
    (2) Examine seedlings from the sample germinated after growing for a 
minimum of 48 days.
    (3) Remove the outermost sheath from the seedling. Tissue should 
have no obvious discoloration from saprophytes and should have as little 
chlorophyll as possible.
    (4) Isolate a longitudinal section of leaf sheath approximately 3-5 
mm in width.
    (5) Place the section on a microscope slide with the epidermis side 
down.
    (6) Stain immediately with the endophyte staining solution as 
prepared in paragraph (a) (2) and (3) of this section. Allow dye to 
remain at least 15 seconds but no more than one minute.
    (7) Blot off the excess dye with tissue paper. Sections should 
remain on the slide, but may adhere to the tissue paper; if so, remove 
and place in proper position on the slide.
    (8) Place a coverglass on the sections and flood with water.
    (9) Proceed with evaluation as described in paragraph (b) (6) and 
(7) of this section.

[59 FR 64515, Dec. 14, 1994]

                               tolerances



Sec.  201.59  Application.

    Tolerances shall be recognized between the percentages or rates of 
occurrence found by analysis, test, or examination in the administration 
of the act and percentages or rates of occurrence required or stated as 
required by the act. Tolerances for purity percentages and germination 
percentages provided for in Sec. Sec.  201.60 and 201.63 shall be 
determined from the mean of (a) the results being compared, or (b) the 
result found by test and the figures shown on a label, or (c) the result 
found by test and a standard. All other tolerances, including tolerances 
for pure-live seed and fluorescence, and tolerances for purity based on 
10 to 1,000 seeds, seedlings, or plants shall be

[[Page 373]]

determined from the result or results found in the administration of the 
Act.

[5 FR 34, Jan. 4, 1940, as amended at 20 FR 7940, Oct. 21, 1955; 24 FR 
3954, May 15, 1959; 35 FR 6108, Apr. 15, 1970]



Sec.  201.60  Purity percentages.

    (a)(1) The tolerance for a given percentage of the purity components 
is the same whether for pure seed, other crop seed, weed seed, or inert 
matter. Wider tolerances are provided when 33 percent or more of the 
sample is composed of seed plus empty florets and/or empty spikelets of 
the following chaffy kinds: bentgrasses, bermudagrasses, bluegrasses, 
bluestems, bottlebrush- squirreltail, bromes, buffalograss, buffelgrass, 
carpetgrass, soft chess, dallisgrass, fescues, foxtails, galletagrass, 
guineagrass, gramas, molassesgrass, tall oatgrass, orchardgrass, redtop, 
rescuegrass, rhodesgrass, Indian ricegrass, ryegrasses, sweet 
vernalgrass, vaseygrass, veldtgrass, wheatgrasses, wildryes, and yellow 
indiangrass. The wider tolerances do not apply to seed devoid of hulls.
    (2) To determine the tolerance for any purity percentage found in 
the administration of the act, the percentage found is averaged (i) with 
that claimed or shown on a label or (ii) with a specified standard. The 
tolerance is found from this average. If more than one test is made, all 
except any test obviously in error shall be averaged and the result 
treated as a single percentage.
    (b) The tolerances found in columns C and D for the respective 
purity percentages shown in columns A and B of table No. 3 shall be used 
for (1) unmixed seed and (2) mixtures in which the particle-weight ratio 
is 1:1 to 1.49:1, inclusive. Tolerances for intermediate percentages not 
shown in table 3 shall be obtained by interpolation.

   Table 3--Tolerances for Any Component of a Purity Analysis for (1)
 Unmixed Seed or (2) Mixed Seed in Which the Particle Weight Ratio Is 1:
                         1 to 1.49: 1, Inclusive
------------------------------------------------------------------------
                                                    Nonchaffy    Chaffy
        Average analysis (A)               (B)      seeds (C)  seeds (D)
------------------------------------------------------------------------
99.95-100.00........................     0.00-0.04       0.13       0.16
99.90- 99.94........................      .05- .09        .20        .23
99.85- 99.89........................      .10- .14        .24        .29
99.80- 99.84........................      .15- .19        .28        .34
99.75- 99.79........................      .20- .24        .32        .37
99.70- 99.74........................      .25- .29        .35        .41
99.65- 99.69........................      .30- .34        .37        .45
99.60- 99.64........................      .35- .39        .40        .48
99.55- 99.59........................      .40- .44        .42        .50
99.50- 99.54........................      .45- .49        .44        .53
99.40- 99.49........................      .50- .59        .47        .57
99.30- 99.39........................      .60- .69        .51        .60
99.20- 99.29........................      .70- .79        .54        .64
99.10- 99.19........................      .80- .89        .57        .66
99.00- 99.09........................      .90- .99        .59        .70
98.75- 98.99........................    1.00- 1.24        .64        .75
98.50- 98.74........................    1.25- 1.49        .71        .82
98.25- 98.49........................    1.50- 1.74        .76        .89
98.00- 98.24........................    1.75- 1.99        .82        .95
97.75- 97.99........................    2.00- 2.24        .87       1.01
97.50- 97.74........................    2.25- 2.49        .92       1.07
97.25- 97.49........................    2.50- 2.74        .96       1.12
97.00- 97.24........................    2.75- 2.99       1.00       1.17
96.50- 96.99........................    3.00- 3.49       1.06       1.24
96.00- 96.49........................    3.50- 3.99       1.14       1.34
95.50- 95.99........................    4.00- 4.49       1.21       1.41
95.00- 95.49........................    4.50- 4.99       1.27       1.49
94.00- 94.99........................    5.00- 5.99       1.36       1.60
93.00- 93.99........................    6.00- 6.99       1.47       1.73
92.00- 92.99........................    7.00- 7.99       1.58       1.85
91.00- 91.99........................    8.00- 8.99       1.67       1.96
90.00- 90.99........................    9.00- 9.99       1.75       2.06
88.00- 89.99........................   10.00-11.99       1.87       2.19
86.00- 87.99........................   12.00-13.99       2.01       2.36
84.00- 85.99........................   14.00-15.99       2.14       2.51
82.00- 83.99........................   16.00-17.99       2.24       2.64
80.00- 81.99........................   18.00-19.99       2.35       2.76
78.00- 79.99........................   20.00-21.99       2.44       2.86
76.00- 77.99........................   22.00-23.99       2.52       2.96
74.00- 75.99........................   24.00-25.99       2.59       3.04
72.00- 73.99........................   26.00-27.99       2.65       3.12
70.00- 71.99........................   28.00-29.99       2.71       3.19
65.00- 69.99........................   30.00-34.99       2.80       3.29
60.00- 64.99........................   35.00-39.99       2.89       3.40
50.00- 59.99........................   40.00-49.99       2.96       3.48
------------------------------------------------------------------------

    (c) Tolerances calculated by the following formula shall be used for 
either chaffy or nonchaffy mixtures when the average particle-weight 
ratio is 1.5:1 to 20:1 and beyond:
    The symbols used in the formula are as follows:

T=tolerance being calculated.
A=percent which the weight of the component with the heavier average 
    particle-weight is of the weight of both components.
B=percent which the weight of the component with the lighter average 
    particle-weight is of the weight of both components.

[[Page 374]]

H=average particle-weight for the component with the heavier average 
    particle-weight.
L=average particle-weight for the component with the lighter average 
    particle-weight.
R=ratio of the average particle-weight for the component with the 
    heavier average particle-weight to the average particle-weight for 
    the component with the lighter average particle-weight. R=H/L.
    [GRAPHIC] [TIFF OMITTED] TR14DE94.003
    
T1=regular tolerance for the kind of seed (chaffy or nonchaffy) and for 
    (100B)/(B+A/R).

    In determining the values for A and B in the formula, the sample 
shall be regarded as composed of two parts:
    (1) The kind, type, or variety under consideration, and
    (2) All other components. Values for H and L shall be obtained from 
the last column of Table 1, Sec.  201.46, or by laboratory tests for 
inert matter, weed seeds, or crop seeds where such values are not 
obtainable from Table 1. In computing tolerances for nonchaffy kinds the 
values for T1 are taken from column C of Table 3, and for chaffy kinds 
the values for T1 are taken from column D of Table 3.

[26 FR 10036, Oct. 26, 1961, as amended at 59 FR 64515, Dec. 14, 1994; 
65 FR 1709, Jan. 11, 2000]



Sec.  201.61  Fluorescence percentages in ryegrasses.

    Tolerances for 400-seed fluorescence tests shall be those set forth 
in the following table plus one-half the regular pure-seed tolerance 
determined in accordance with Sec.  201.60. When only 200 seeds of a 
component in a mixture are tested, an additional 2 percent shall be 
added to the fluorescence tolerance.

                  Percent found fluorescence tolerance
100..............................................................  .....
99...............................................................    1.0
98...............................................................    1.6
97...............................................................    2.0
96...............................................................    2.3
95...............................................................    2.6
94...............................................................    2.9
93...............................................................    3.2
92...............................................................    3.4
91...............................................................    3.6
90...............................................................    3.8
89...............................................................    4.0
88...............................................................    4.1
87...............................................................    4.3
86...............................................................    4.5
85...............................................................    4.7
84...............................................................    4.8
83...............................................................    4.9
82...............................................................    5.0
81...............................................................    5.2
80...............................................................    5.3
79...............................................................    5.4
78...............................................................    5.5
77...............................................................    5.6
76...............................................................    5.7
75...............................................................    5.8
74...............................................................    5.8
73...............................................................    5.9
72...............................................................    6.0
71...............................................................    6.1
70...............................................................    6.2
69...............................................................    6.2
68...............................................................    6.3
67...............................................................    6.3
66...............................................................    6.4
65...............................................................    6.5
64...............................................................    6.5
63...............................................................    6.5
62...............................................................    6.6
61...............................................................    6.6
60...............................................................    6.7
59...............................................................    6.7
58...............................................................    6.8
57...............................................................    6.8
56...............................................................    6.8
55...............................................................    6.8
54...............................................................    6.9
53...............................................................    6.9
52...............................................................    6.9
51...............................................................    6.9
50...............................................................    6.9
49...............................................................    6.9
48...............................................................    6.9
47...............................................................    6.9
46...............................................................    6.9
45...............................................................    6.9
44...............................................................    6.9
43...............................................................    6.9
42...............................................................    6.9
41...............................................................    6.9
40...............................................................    6.9
39...............................................................    6.8
38...............................................................    6.8
37...............................................................    6.8
36...............................................................    6.8
35...............................................................    6.7
34...............................................................    6.7
33...............................................................    6.7
32...............................................................    6.6

[[Page 375]]

 
31...............................................................    6.6
30...............................................................    6.5
29...............................................................    6.5
28...............................................................    6.4
27...............................................................    6.4
26...............................................................    6.3
25...............................................................    6.2
24...............................................................    6.2
23...............................................................    6.1
22...............................................................    6.0
21...............................................................    5.9
20...............................................................    5.8
19...............................................................    5.7
18...............................................................    5.6
17...............................................................    5.5
16...............................................................    5.4
15...............................................................    5.3
14...............................................................    5.2
13...............................................................    5.0
12...............................................................    4.9
11...............................................................    4.7
10...............................................................    4.6
9................................................................    4.4
8................................................................    4.2
7................................................................    4.0
6................................................................    3.7
5................................................................    3.5
4................................................................    3.2
3................................................................    2.8
2................................................................    2.4
1................................................................    1.8
0................................................................    1.0
------------------------------------------------------------------------


[32 FR 12781, Sept. 6, 1967, as amended at 59 FR 64516, Dec. 14, 1994]



Sec.  201.62  Tests for determination of percentages of kind, variety, type, hybrid, or offtype.

    Tolerances for tests for determination of percentages of kind, 
variety, type, hybrid, or offtype shall be those set forth in the 
following table, added to one-half the required pure seed tol- erances 
determined in accordance with Sec.  201.60, except that one-half the 
pure seed tolerance will not be applied in determining tolerances for 
hybrids labeled on the basis of the percentage of pure seed which is 
hybrid.

 Table 4--Tolerances for Purity Tests, When Results Are Based on 10 to 1,000 Seeds, Seedlings, or Plants Used in
                                                     a Test
----------------------------------------------------------------------------------------------------------------
                                                   Number of seeds, seedlings, or plants in tests
  Seed, seedling, or plant count   -----------------------------------------------------------------------------
              percent                 10     20     30     50     75    100    150    200    400    800    1,000
----------------------------------------------------------------------------------------------------------------
100 or 0..........................      0      0      0      0      0      0      0      0      0      0       0
98 or 2...........................   10.3    7.3    6.0    4.6    3.8    3.3    2.7    2.3    1.6    1.2     1.0
96 or 4...........................   14.4   10.2    8.3    6.4    5.3    4.6    3.7    3.2    2.3    1.7     1.5
94 or 6...........................   17.5   12.4   10.1    7.8    6.4    5.5    4.5    3.9    2.9    2.1     1.9
92 or 8...........................   20.0   14.1   11.5    8.9    7.3    6.3    5.2    4.5    3.4    2.4     2.2
90 or 10..........................   22.1   15.7   12.8    9.9    8.1    7.0    5.7    4.9    3.8    2.8     2.4
88 or 12..........................   24.0   17.0   13.8   10.7    8.7    7.6    6.2    5.4    4.1    3.0     2.7
86 or 14..........................   25.7   18.1   14.7   11.4    9.3    8.1    6.6    5.7    4.5    3.2     2.9
84 or 16..........................   26.9   19.0   15.5   12.1    9.8    8.5    7.0    6.0    4.8    3.4     3.0
82 or 18..........................   28.2   20.0   16.4   12.6   10.3    8.9    7.3    6.3    5.0    3.6     3.2
80 or 20..........................   29.5   20.9   16.9   13.2   10.7    9.3    7.6    6.6    5.3    3.8     3.3
78 or 22..........................   30.5   21.6   17.6   13.6   11.0    9.6    7.9    6.8    5.5    3.9     3.5
76 or 24..........................   31.4   22.3   18.2   14.1   11.5    9.9    8.1    7.0    5.7    4.1     3.6
74 or 26..........................   32.3   22.8   18.6   14.4   11.8   10.2    8.3    7.2    5.8    4.2     3.7
72 or 28..........................   33.0   23.4   19.0   14.8   12.1   10.5    8.5    7.4    6.0    4.3     3.8
70 or 30..........................   33.7   23.8   19.5   15.1   12.3   10.7    8.7    7.5    6.2    4.4     3.9
68 or 32..........................   34.3   24.3   19.9   15.4   12.5   10.8    8.9    7.7    6.3    4.5     4.0
66 or 34..........................   35.0   24.7   20.2   15.7   12.7   11.0    9.0    7.8    6.4    4.6     4.0
64 or 36..........................   35.4   25.0   20.5   15.8   12.9   11.2    9.1    7.9    6.5    4.6     4.1
62 or 38..........................   35.5   25.4   20.6   15.9   13.0   11.3    9.2    8.0    6.6    4.7     4.2
60 or 40..........................   36.1   25.7   20.9   16.1   13.2   11.4    9.3    8.1    6.7    4.8     4.2
58 or 42..........................   36.2   25.7   21.0   16.2   13.3   11.5    9.4    8.1    6.8    4.8     4.2
56 or 44..........................   36.5   25.8   21.0   16.4   13.3   11.5    9.4    8.2    6.8    4.8     4.3
54 or 46..........................   36.8   25.8   21.2   16.4   13.4   11.6    9.5    8.2    6.9    4.9     4.3
52 or 48..........................   36.8   25.9   21.2   16.5   13.4   11.6    9.5    8.2    6.9    4.9     4.3
50................................   36.8   25.9   21.3   16.5   13.4   11.6    9.5    8.2    6.9    4.9     4.3
----------------------------------------------------------------------------------------------------------------


[32 FR 12781, Sept. 6, 1967, as amended at 33 FR 10841, July 31, 1968; 
35 FR 6108, April 15, 1970; 59 FR 64516, Dec. 14, 1994]



Sec.  201.63  Germination.

    The following tolerances are applicable to the percentage of 
germination and also to the sum of the germination plus the hard seed 
when 400 or more seeds are tested.

[[Page 376]]



------------------------------------------------------------------------
                  Mean (See Sec.   201.59)                     Tolerance
------------------------------------------------------------------------
96 or over..................................................           5
90 or over but less than 96.................................           6
80 or over but less than 90.................................           7
70 or over but less than 80.................................           8
60 or over but less than 70.................................           9
Less than 60................................................          10
------------------------------------------------------------------------

    When only 200 seeds of a component in a mixture are tested 2 percent 
shall be added to the above germination tolerances.

[15 FR 2399, Apr. 28, 1950, as amended at 20 FR 7940, Oct. 21, 1955]



Sec.  201.64  Pure live seed.

    The tolerance for pure live seed shall be determined by applying the 
respective tolerances to the germination plus the hard seed and the pure 
seed.

[5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21, 1955]



Sec.  201.65  Noxious weed seeds in interstate commerce.

    Tolerances for rates of occurrence of noxious-weed seeds shall be 
recognized and shall be applied to the number of noxious-weed seeds 
found by analysis in the quantity of seed specified for noxious-weed 
seed determination in Sec.  201.46, except as provided in Sec.  
201.16(b). Applicable tolerances are calculated by the formula, 
Y=X+1+1.96[radic]X, where X is the number of seeds represented by the 
label or test and Y is the maximum number within tolerance.\1\ Some 
tolerances are listed in the table. The number found as represented by 
the label or test (Column X) will be considered within tolerance if not 
more than the corresponding number in Column Y are found by analysis in 
the administration of the Act. For numbers of seeds greater than those 
in the table and in case of additional or more extensive analyses, a 
tolerance based on a degree of certainty of 5 percent (P=0.05) will be 
recognized.
---------------------------------------------------------------------------

    \1\ Rates per pound or ounce must be converted to the equivalent 
number of seeds found in Sec.  201.46, Table 1, Minimum weight for 
noxious-weed seed examination (grams).

------------------------------------------------------------------------
      Number
  represented by     Maximum number    Number labeled    Maximum number
the label or test  within tolerances   or represented        within
       (X)                (Y)                (X)         tolerances (Y)
------------------------------------------------------------------------
             0                  2                 16                24
             1                  4                 17                25
             2                  6                 18                27
             3                  8                 19                28
             4                  9                 20                29
             5                 11                 21                30
             6                 12                 22                32
             7                 13                 23                33
             8                 14                 24                34
             9                 16                 25                35
            10                 17                 26                37
            11                 18                 27                38
            12                 20                 28                39
            13                 21                 29                41
            14                 22                 30                42
            15                 23     ................  ................
------------------------------------------------------------------------


[5 FR 35, Jan. 4, 1940, as amended at 15 FR 2399, Apr. 28, 1950. 
Redesignated at 20 FR 7940, Oct. 21, 1955, as amended at 26 FR 10036, 
Oct. 26, 1961; 32 FR 12782, Sept. 6, 1967; 65 FR 1709, Jan. 11, 2000]



Sec.  201.66  [Reserved]

                             Certified Seed



Sec.  201.67  Seed certifying agency standards and procedures.

    In order to qualify as a seed certifying agency for purposes of 
section 101(a)(25) of the Federal Seed Act (7 U.S.C. 1551(a)(25)) an 
agency must enforce standards and procedures, as conditions for its 
certification of seed, that meet or exceed the standards and procedures 
specified in Sec.  201.68 through 201.78.

[38 FR 25662, Sept. 14, 1973; 60 FR 57146, Nov. 14, 1995]



Sec.  201.68  Eligibility requirements for certification of varieties.

    The certifying agency shall require the originator, developer, or 
owner of the variety, or agent thereof, to make the following available 
when eligibility for certification is requested:
    (a) The name of the variety.
    (b) A statement concerning the variety's origin and the breeding 
procedure used in its development.
    (c) A detailed description of the morphological, physiological, and 
other characteristics of the plants and seed that distinguish it from 
other varieties.
    (d) Evidence supporting the identity of the variety, such as 
comparative

[[Page 377]]

yield data, insect and disease resistance, or other factors supporting 
the identity of the variety.
    (e) A statement delineating the geographic area or areas of 
adaptation of the variety.
    (f) A statement on the plans and procedures for the maintenance of 
seed classes, including the number of generations through which the 
variety may be multiplied.
    (g) A description of the manner in which the variety is constituted 
when a particular cycle of reproduction or multiplication is specified.
    (h) Any additional restrictions on the variety, specified by the 
breeder, with respect to geographic area of seed production, age of 
stand or other factors affecting genetic purity.
    (i) A sample of seed representative of the variety as marketed.

[38 FR 25662, Sept. 14, 1973. 60 FR 57146, Nov. 14, 1995]



Sec.  201.69  Classes of certified seed.

    (a) Classes of certified seed are as follows:
    (1) Breeder.
    (2) Foundation.
    (3) Registered.
    (4) Certified.

[38 FR 25662, Sept. 14, 1973]



Sec.  201.70  Limitations of generations for certified seed.

    The number of generations through which a variety may be multiplied 
shall be limited to that specified by the originating breeder or owner 
and shall not exceed two generations beyond the Foundation seed class 
with the following exceptions which may be made with the permission of 
the originating or sponsoring plant breeder, institution, or his 
designee:
    (a) Recertification of the Certified class may be permitted when no 
Foundation seed is being maintained.
    (b) The production of an additional generation of the Certified 
class may be permitted on a 1-year basis only, when an emergency is 
declared by any official seed certifying agency stating that the 
Foundation and Registered seed supplies are not adequate to plant the 
needed Certified acreage of the variety. The additional generation of 
Certified seed to meet the emergency need is ineligible for 
recertification.

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 
46 FR 53639, Oct. 29, 1981]



Sec.  201.71  Establishing the source of all classes of certified seed.

    The certifying agency shall have evidence of the class and source of 
seed used to plant each crop being considered for certification.

[38 FR 25662, Sept. 14, 1973]



Sec.  201.72  Production of all classes of certified seed.

    (a) Each certifying agency shall determine that genetic purity and 
identity are maintained at all stages of certification including 
seeding, harvesting, processing, and labeling of the seed.
    (b) The unit of certification shall be a clearly defined field or 
fields.
    (c) One or more field inspections shall be made (1) previous to the 
time a seed crop of any class of certified seed is to be harvested, and 
(2) when genetic purity and identity can best be determined. The field 
shall be in suitable condition to permit an adequate inspection to 
determine genetic purity and identity.
    (d) A certification sample shall be drawn in a manner approved by 
the certifying agency from each cleaned lot of seed eligible for 
certification. Evidence that any lot of seed has not been protected from 
contamination which might affect genetic purity, or is not properly 
identified, shall be cause for possible rejection of certification.

[38 FR 25662, Sept. 14, 1973]



Sec.  201.73  Processors and processing of all classes of certified seed.

    The following requirements must be met by processors of all classes 
of certified seed:
    (a) Facilities shall be available to perform processing without 
introducing admixtures.
    (b) Identity of the seed must be maintained at all times.
    (c) Records of all operations relating to certification shall be 
complete and adequate to account for all incoming seed and final 
disposition of seed.

[[Page 378]]

    (d) Processors shall permit inspection by the certifying agency of 
all [chyph]records pertaining to all classes of certified seed.
    (e) Processors shall designate an individual who shall be 
responsible to the certifying agency for performing such duties as may 
be required by the certifying agency.
    (f) Seed lots of the same variety and class may be blended and the 
class retained. If lots of different classes are blended, the lowest 
class shall be applied to the resultant blend. Such blending can only be 
done when authorized by the certifying agency.

[38 FR 25662, Sept. 14, 1973]



Sec.  201.74  Labeling of all classes of certified seed.

    (a) All classes of certified seed when offered for sale shall have 
an official certification label affixed to each container clearly 
identifying the certifying agency, the lot number or other 
identification, the variety name (if certified as to variety), and the 
kind and class of seed. Except that for seed mixtures and seed in 
containers of 5 pounds or less, the certification labels need not bear 
the name of the kind or kind and variety of each component, provided the 
name of each kind or kind and variety is shown on the analysis label.
    (b) In the case of seed sold in bulk, the invoice or accompanying 
document shall identify the certifying agency, the crop kind, variety 
(if certified as to variety), class of seed, and the lot number or other 
identification.
    (c) The official certification label may be printed directly on the 
container when an accounting of the containers is required by the 
certifying agency.
    (d) Labels other than those printed on the containers shall be 
attached to containers in a manner that prevents removal and 
reattachment without tampering being obvious.

[38 FR 25662, Sept. 14, 1973, as amended at 46 FR 53639, Oct. 29, 1981; 
65 FR 1709, Jan. 11, 2000]



Sec.  201.75  Interagency certification.

    Interagency certification may be accomplished by participation of 
more than one official certifying agency in performing the services 
required to certify a lot of seed.
    (a) The certifying agency issuing labels for all classes of 
certified seed shall require the seed on which the labels are used to 
meet standards at least equal to the minimum genetic standards for the 
seed in question as specified in Table 5 of this part.
    (b) Seed to be recognized for interagency certification must be 
received in containers carrying official certification labels, or if 
shipped for processing, evidence of its eligibility from another 
official certifying agency, together with the following information:
    (1) Variety (if certified as to variety) and kind;
    (2) Quantity of seed (pounds or bushels);
    (3) Class of certified seed;
    (4) Inspection or lot number traceable to the previous certifying 
agency's records.
    (c) Each label used in interagency certification shall be serially 
numbered or carry the certification identity number and clearly identify 
the certifying agencies involved, the variety (if certified as to 
variety), and the kind and class of seed. Except that for seed mixtures 
and seed in containers of 5 pounds or less, the certification labels 
need not bear the name of the kind or kind and variety of each 
component, provided the name of each kind or kind and variety is shown 
on the analysis label.

[38 FR 25662, Sept. 14, 1973; 38 FR 26800, Sept. 26, 1973, as amended at 
65 FR 1710, Jan. 11, 2000]



Sec.  201.76  Minimum Land, Isolation, Field, and Seed Standards.

    In the following Table 5 the figures in the ``Land'' column indicate 
the number of years that must elapse between the destruction of a stand 
of a kind and establishment of a stand of a specified class of a variety 
of the same kind. A certification agency may grant a variance in the 
land cropping history in specific circumstances where cultural practices 
have been proven adequate to maintain genetic purity. The figures in 
``Isolation'' column indicate the distance in feet from any 
contaminating

[[Page 379]]

source. The figures in the ``Field'' column indicate the minimum number 
of plants or heads in which one plant or head of another variety is 
permitted. The figure in the ``Seed'' column indicate the maximum 
percentage of seed of other varieties or off-types permitted in the 
cleaned seed.

[[Page 380]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Minimum Numbers of Border Rows Required
                    Minimum distance from contaminant                    -------------------------------------------------------------------------------
                                                                             Field size, up to 20 acres (8ha)       Field size, 20 acres (8ha) or more
--------------------------------------------------------------------------------------------------------------------------------------------------------
      410 (124.97m).....................................................  0.....................................  0
      370 (112.78m).....................................................  2 (0.8ha).............................  1 (0.4ha)
      330 (100.59m).....................................................  4 (1.6ha).............................  2 (0.8ha)
      290 (88.39m)......................................................  6 (2.4ha).............................  3 (1.2ha)
      245 (74.68m)......................................................  8 (3.2ha).............................  4 (1.6ha)
      205 (62.48m)......................................................  10 (4.0ha)............................  5 (2.0ha)
      165 (50.29m)......................................................  12 (4.8ha)............................  6 (2.4ha)
      125 (38.10m)......................................................  14 (5.6ha)............................  7 (2.8ha)
      85 (25.91m).......................................................  16 (6.4ha)............................  8 (3.2ha)
      0.................................................................  Not permitted.........................  10 (4.0ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\13\ Refers to off-type plants in the pollen parent that have shed pollen or to the off-type plants in the see parent at the time of the last
  inspection.
\14\ The required minimum isolation distance for sweet corn is 660 feet (201.17m) from the contaminating source, plus four border rows when the field to
  be inspected is 10 acres (4.0ha) or less in size. This distance may be decreased by 15 feet (4.57m) for each increment of 4 acres (1.6ha) in the size
  of the field to a maximum of 40 acres (16ha) and further decreased 40 feet (12.19m) for each additional border row to a maximum of 16 rows. These
  border rows are for pollen-shedding purposes only.
\15\ Refers to off-type ears. Ears with off-colored or different textured kernels are limited to 0.5 percent, or a total of 25 off-colored or different
  textured kernels per 1,000 ears.
\16\ The Merion variety of Kentucky bluegrass is allowed 3 percent.
\17\ All cross-pollinating varieties must be 400 feet (121.92m) from any contaminating source.
\18\ Isolation between diploids and tetraploids shall be at least 15 feet (4.57m).
\19\ Minimum isolation shall be at least 100 feet (30.48m) if the cotton plants in the contaminating source differ by easily observable morphological
  characteristics from the field to be inspected. Isolation distance between upland and Egyptian types shall be at least 1,320 feet (402.34m), 1,320
  feet (402.34m), and 660 feet (182.88m) for Foundation, Registered, and Certified classes, respectively.
\20\ These distances apply when there is no border removal. Border removal applies only to fields of 5 acres (2ha) or more. Removal of a 9-foot (2.7m)
  border (after flowering) decreases the required distance for Foundation, Registered, and Certified seed classes to 600 feet (182.88m), 225 feet
  (68.58m), and 100 feet (30.48m), respectively, for cross-pollinated species, and to 30 feet (9.14m), 15 feet (4.57m), and 15 feet (4.57m),
  respectively, for apomictic and self-pollinated species. Removal of a 15 foot (4.57m) border (after flowering) allows a further decrease to 450 feet
  (136.16m), 150 feet (45.72m), and 75 feet (22.86m), respectively, for cross-pollinated species.
\21\ Isolation distances between 2 fields of the same kind may be reduced to a distance adequate to prevent mechanical mixture, if the sum of
  percentages of plants in bloom in both fields does not exceed 5 percent at a time when more than 1 percent of the plants in either field are in bloom.
 
\22\ Refers to bulbs.
\23\ Distance adequate to prevent mechanical mixture is necessary.
\24\ Required isolation between classes of the same variety is 10 feet (3.05m).
\25\ The minimum distance may be reduced by 50 percent if different classes of the same variety are involved.
\26\ The minimum distance may be reduced by 50 percent if the field is adequately protected by natural or artificial barriers.
\27\ These ratios are for definite other varieties. The ratios for doubtful other varieties are:


----------------------------------------------------------------------------------------------------------------
                                                                            Foundation   Registered   Certified
----------------------------------------------------------------------------------------------------------------
      Millet.............................................................     1:10,000      1:5,000      1:2,500
      Sorghum:
          Nonhybrid......................................................     1:20,000     1:10,000      1:1,000
          Hybrid.........................................................     1:20,000           NA      1:1,000
      Okra...............................................................         None        1:750        1:500
----------------------------------------------------------------------------------------------------------------
\28\ Whiteheart fruits may not exceed 1 per 100, 40, and 20 for Foundation, Registered, and Certified classes,
  respectively. Citron or hard rind is not permitted in Foundation or Registered classes and may not exceed 1
  per 1,000 fruits in the Certified class.
\29\ This distance applies if the contaminating source does not genetically differ in height from the pollinator
  parent or has a different chromosome number. If the contaminating source does (genetically) differ and has the
  same chromosome number the distance shall be 990 feet (301.76m). The minimum isolation from grass sorghum or
  broomcorn with the same chromosome number shall be 1,320 feet (402.34m).
\30\ Requirement is waived for the production of pollinator lines if the previous crop was grown from a
  certified class of seed of the same variety. Sterile lines and crossing blocks must be on land free of
  contaminating plants.

[[Page 381]]

 
\31\ If the contaminating source is similar to the hybrid in all important characteristics, the isolation may be
  reduced by 66 feet (20.12m) for each pair of border rows of the pollinator parent down to a minimum of 330
  feet (100.59m). These rows must be located directly opposite or diagonally to the contaminating source. The
  pollinator border rows must be shedding pollen during the entire time 5 percent or more of the seed parent
  flowers are receptive.
\32\ An unplanted strip at least 2 feet (0.61m) in width shall separate male sterile plants and pollinator
  plants in inter-planted blocks.
\33\ Unless the preceding crop was another kind or unless the preceding soybean crop was planted with a class of
  certified seed of the same variety, or unless the preceding soybean crop and the variety being planted have an
  identifiable character difference, in which case, no time need elapse.
\34\ May include not more than 0.04 percent purple or white seeds.
\35\ Standards apply equally to seed parents and pollen parents which may include up to 1:1,000 plants each of
  the wild-type branching, purple, or white-seeded plants.
\36\ A new plant bed must be used each year unless the bed is properly treated with a soil sterilant prior to
  seeding.
\37\ This distance is applied between varieties of the same type and may be waived if four border rows of each
  variety are allowed to bloom and set seed between the two varieties but are not harvested for seed. Isolation
  between varieties of different types shall be 1,320 feet (402.34m) except if protected by bagging or by
  topping all plants in the contaminating source before bloom.
\38\ When male sterile and male fertile plants of the same type are planted adjacent in a field, this
  requirement may be waived; provided, four border rows of male sterile plants are allowed to bloom and set
  seeds. The seed from these border rows shall not be harvested as part of the certified lot of seed produced by
  the male sterile plants. When plants are of different types, the distance shall be 1,320 feet (402.34m) except
  if protected by bagging or by topping all plants in the contaminating source before bloom.
\39\ Isolation between varieties or non-certified fields of the same variety shall be 100 feet (30.48m) if
  aerial seeded and 50 feet (15.24m) if ground broadcast, and 10 feet (3.05m) is ground drilled.
\40\ Isolation between millets of different genera shall be 6 feet (1.83m).
\41\ Does not apply to Helianthus similes, H. ludens, or H. agrestis.
\42\ The ratio of male sterile (A) strains and pollen (B or C) strains shall not exceed 2:1.
\43\ Parent lines (A and B) in a crossing block, or seed and pollen lines in a hybrid seed production field,
  shall be separated by at least 6 feet (1.83m) and shall be managed and harvested in a manner to prevent
  mixing.
\44\ Distance between fields of certified classes of the same variety may be reduced to 10 feet (3.05m)
  regardless of the class or size of the fields.
\45\ An isolation distance of 5,280 feet (1609.36m) is required between oil and non-oil sunflower types and
  between either type and other volunteers or wild types.
\46\ Detasseling, cutting, or pulling of the cytoplasmic male-sterile seed parent is permitted.
\47\ All varieties of perennial ryegrass seed are allowed 3.0 percent.
\48\ This distance applies for fields over 5 acres (2ha). For alfalfa fields of 5 acres (2ha) or less that
  produce the Foundation and Registered seed classes, the minimum distance from a different variety or a field
  of the same variety that does not meet the varietal purity requirements for certification shall be 900 feet
  (274.32m) and 450 feet (137.16m), respectively.
\49\ There must be at least 10 feet (3.05m) or a distance adequate to prevent mechanical mixture between a field
  of another variety (or non-certified area within the same field) and the area being certified. The 165 feet
  (50.29m) isolation requirement is waived if the area of the ``isolation zone'' is less than 10 percent of the
  field eligible for the Certified class. The ``isolation zone'' is that area calculated by multiplying the
  length of the common border(s) with other varieties of alfalfa by the average width of the field (being
  certified) falling within the 165 feet (50.29m) isolation. Areas within the isolation zone nearest the
  contamination source shall not be certified.
\50\ Seed of Critana thickspike wheatgrass may contain up to 30 percent slender wheatgrass types.
\51\ Crossing blocks must be planted on land free of volunteer contaminating plants.
\52\ This distance applies to the seed parent when the contaminating source is wheat of another market class. If
  the contaminating source is the same market class as the seed parent, the distance may be modified by the
  planting of pollen parent border according to the following table:


----------------------------------------------------------------------------------------------------------------
                           Minimum distance from contaminant                             Pollen (parent border)
----------------------------------------------------------------------------------------------------------------
                                   Feet                                       Meters        Feet        Meters
----------------------------------------------------------------------------------------------------------------
      330................................................................       100.59            0            0
      275................................................................        83.82           15         4.57
      215................................................................        65.53           25         7.62
      160................................................................        48.77           35        10.67
      100................................................................        30.48           50       15.24
----------------------------------------------------------------------------------------------------------------
\53\ Interplanted blocks of seed parent and pollinator shall be separated by an unplanted strip a minimum of one
  foot (0.31m) in width and be clearly identifiable.
\54\ If Foundation or Registered the ratio shall be 1:3000 (Foundation) and 1:2000 (Registered).
\55\ Does not include seed of the female parent.
\56\ Pre-Control Test Standards: If field inspection shows one or more of the following, the applicant may
  request that seed certification be based on the results of a pre-certification grow-out test approved by the
  certification agency: a. inadequate isolation; b. too few male parent plants shedding pollen when female
  plants are receptive; c. excess off-types not to include wild types. In such cases, at least 2,000 plants must
  be observed and meet the following standards before seed can be certified from fields with problems listed
  above:


[[Page 382]]


[For non-oil types, seed which contains not more than 15 percent sterile plants may be certified. If it contains
    85 percent-95 percent hybrid plants, the percentage of hybrid shall be shown on the certification label]
----------------------------------------------------------------------------------------------------------------
                                                                                     Maximum Permitted
                                 Factor                                  ---------------------------------------
                                                                           Hybrid (percent)    Inbred (percent)
----------------------------------------------------------------------------------------------------------------
      Sterile Plants....................................................                 5.0  ..................
      Sterile or Fertile Plants.........................................  ..................                 5.0
      Morphological Variants............................................                 0.5                 0.5
      Wild Types........................................................                 0.2                 0.2
                                                                         ---------------------------------------
            Total (including above types)...............................                 5.0                5.0
----------------------------------------------------------------------------------------------------------------
\57\ Application to establish the pedigree must be made within one year of seeding. The crop will remain under
  supervision of the certifying agency as long as the field is eligible for certification.
\58\ These distances apply when there is no border removal. Varieties that are 95 percent or more apomictic, as
  defined by the originating breeder, shall have the isolation distance reduced to a mechanical separation only.
  Varieties less than 95 percent apomictic and all other cross pollinating species that have an ``isolation
  zone'' of less than 10 percent of the entire field, no isolation is required. (Isolation zone is calculated by
  multiplying the length of the common border with other varieties of grass by the average width of the
  certified field falling within the isolation distance required.)
\59\ Indicates metric equivalent in meters.

[59 FR 64516, Dec. 14, 1994, as amended at 65 FR 1710, Jan. 11, 2000]

[[Page 383]]

  Additional Requirements for the Certification of Plant Materials of 
                              Certain Crops



Sec.  201.77  Length of stand requirements.

    (a) Alfalfa. Limitations on the age of stand and certified seed 
classes through which a given variety may be multiplied both inside and 
outside its region of adaptation shall be specified by the originator or 
his designee. Certified seed production outside the region of adaptation 
shall not exceed 6 years if not otherwise specified by the originator, 
or his designee.
    (b) Red clover. Only two seed crops are permitted of all certified 
seed classes.
    (c) White and alsike clover. Only two successive seed crops are 
permitted following the year of establishment for Foundation and 
Registered classes, but 2 additional years are permitted if the field is 
reclassified to the next lower class. Four successive seed crops 
following seeding are permitted if the first and succeeding crops are of 
the Certified class, provided the stand of perennial plants is 
maintained.
    (d) Sainfoin. All certified seed classes are eligible to produce 
five successive seed crops following seeding.

[38 FR 25664, Sept. 14, 1973]



Sec.  201.78  Pollen control for hybrids.

    (a) Wheat and barley. Shedders in the seed parent, at any one 
inspection, are limited to 1:200 heads for Foundation A Line and 1:100 
heads for Registered A Line, except that when the A Line is increased 
outside the area of the anticipated AxR production in order to utilize 
self-fertility produced by environmental effects, only isolation and 
genetic purity standards will be in effect. (An A Line is a cytoplasmic 
male sterile female line used to produce hybrid seed. An R Line is a 
pollinator line used to pollinate an A Line and to restore fertility in 
the resulting hybrid seed.)
    (b) Corn. When 5 percent or more of the seed parent plants have 
receptive silks, shedding tassels in the seed parent plants shall be 
limited to 1 percent at any one inspection, or a total of 2 percent at 
any three inspections on different dates. Shedding tassels are those 
which have 2 inches or more of the central stem or branches, or any 
combination thereof, shedding pollen.
    (c) Sorghum. Shedders in the seed parent, at any one inspection, are 
limited to 1:3,000 plants for Foundation class and 1:1,500 plants for 
Certified class.
    (d) Sunflowers. Seed parents flowering and shedding pollen before 
the male parents are shedding pollen must be removed. At least 50 
percent of the male plants must be producing pollen when the seed parent 
is in full bloom.
    (e) Hybrid alfalfa. When at least 75 percent of the plants are in 
bloom and there is no more than 15 percent seed set, 200 plants shall be 
examined to determine the pollen production index (PPI). Each plant is 
rated as 1, 2, 3 or 4 with ``1'' representing no pollen, ``2'' 
representing a trace of pollen, ``3'' representing substantially less 
than normal pollen, and ``4'' representing normal pollen. The rating is 
weighted as 0, 0.1, 0.6 or 1.0, respectively. The total number of plants 
of each rating is multiplied by the weighted rating and the values are 
totaled. The total is divided by the number of plants rated and 
multiplied by 100 to determine the PPI. The maximum PPI allowed is 14 
for the Foundation class, and 6 for 95 percent hybrid seed, and 42 for 
75 percent hybrid seed of the Certified class.

[38 FR 25664, Sept. 14, 1973, as amended at 41 FR 20158, May 17, 1976]



PART 202_FEDERAL SEED ACT RULES OF PRACTICE--Table of Contents




                            Subpart A_General

Sec.
202.1 Meaning of words.
202.2 Definitions.
202.3 Institution of proceedings.
202.4 Status of applicant.

Subpart B [Reserved]

             Subpart C_Rules Applicable to Other Proceedings

202.40 Proceedings prior to reporting for criminal prosecution.
202.41 Notice and hearing prior to promulgation of rules and 
          regulations.
202.42 Publication of judgments, settlements, and orders.
202.43 Proceedings under section 302(a) to show cause why seed or 
          screenings

[[Page 384]]

          should be admitted into the United States.
202.44 Proceedings under section 305(b) to determine whether foreign 
          alfalfa or red clover seed is not adapted for general 
          agricultural use in the United States.

    Authority: Secs. 302, 305, 402, 408, 409, 413, 414, 53 Stat. 1275, 
as amended; 7 U.S.C. 1582, 1585, 1592, 1598, 1599, 1603, 1604.

    Source: 36 FR 1314, Jan. 27, 1971, unless otherwise noted.



                            Subpart A_General



Sec.  202.1  Meaning of words.

    As used in this part, words in the singular form shall be deemed to 
import the plural, and vice versa, as the case may require.



Sec.  202.2  Definitions.

    For the purposes of this part, the following terms shall be 
construed, respectively, to mean:
    (a) The term Act means the Federal Seed Act, approved August 9, 1939 
(53 Stat. 1275, 7 U.S.C. 1551 et seq.) and any legislation amendatory 
thereof.
    (b) Complaint means any formal complaint and notice of hearing or 
other document by virtue of which a proceeding under the Act is 
instituted.
    (c) Complainant means the party upon whose complaint the proceeding 
is instituted.
    (d) Decision and Order includes the Secretary's findings, 
conclusions, order, and rulings on motions, exceptions, statements of 
objections, and proposed findings, conclusions and orders submitted by 
the parties not theretofore ruled upon.
    (e) Director means the Director of the Grain Division, Agricultural 
Marketing Service, U.S. Department of Agriculture, or any officer or 
employee of the Department to whom authority is delegated to act in his 
stead.
    (f) Administrative Law Judge means an Administrative Law Judge in 
the Office of Administrative Law Judge, U.S. Department of Agriculture.
    (g) Administrative Law Judge Recommended Decision means the 
Administrative Law Judge's report to the Secretary consisting of the 
proposed: (1) Findings of facts and conclusions with respect to all 
material issues of fact, law or discretion, as well as the reasons or 
basis for conclusions and (2) order.
    (h) The term hearing means that part of a proceeding which involves 
the submission of evidence and means either an oral or written hearing.
    (i) Hearing Clerk means the Hearing Clerk, U.S. Department of 
Agriculture, Washington, DC 20250.
    (j) The term person includes any individual, partnership, 
corporation, company, society, association, receiver, or trustee.
    (k) The term regulations means the regulations promulgated pursuant 
to the Act (7 CFR part 201).
    (l) Respondent means the party proceeded against.
    (m) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the U.S. Department of Agriculture 
to whom authority has heretofore been delegated, or to whom authority 
may hereafter be delegated, to act in his stead, including the Judicial 
Officer.



Sec.  202.3  Institution of proceedings.

    Any person having information of any violation of the Act or of any 
of the regulations promulgated thereunder may file with the Director an 
application requesting the institution of such proceedings as may be 
authorized under the Act. Such application shall be in writing, signed 
by or on behalf of the applicant, and shall contain a short and simple 
statement of the facts constituting the alleged violation and the name 
and address of the applicant and the party complained of. If, after 
investigation of the matters complained of in the application or after 
investigation made on his own motion, the Director has reason to believe 
that any person has violated or is violating any of the provisions of 
the Act or the regulations made and promulgated thereunder, he may 
institute such proceedings as may be authorized by the Act.



Sec.  202.4  Status of applicant.

    The person filing an application shall not be a party to any 
proceeding which may be instituted under the Act, unless he be permitted 
by the Secretary or by the Administrative Law Judge to intervene 
therein. The Director shall

[[Page 385]]

not be required to divulge the name of the applicant and such person 
will have no legal status in the proceeding which may be instituted, 
except where allowed to intervene or as such person may be called as a 
witness. At any time after the institution of the proceeding, and before 
it has been submitted to the Secretary for final consideration, the 
Secretary or the Administrator, may upon petition in writing and upon 
good cause shown, permit any person to intervene.

Subpart B [Reserved]



             Subpart C_Rules Applicable to Other Proceedings



Sec.  202.40  Proceedings prior to reporting for criminal prosecution.

    The Director shall, before any violation of this act is reported to 
any U.S. attorney for institution of a criminal proceeding, notify the 
person against whom such proceeding is contemplated that action is 
contemplated, inform him regarding the facts involved, and afford him an 
opportunity to present his views, either orally or in writing, with 
regard to such contemplated proceeding. Notice shall be served upon such 
person in the manner provided in Sec.  202.27 of this part. If the 
person desires to explain the transaction or otherwise to present his 
views, he shall file with the Director, within 20 days after the service 
of the notice, an answer, in duplicate, signed by him or by his 
attorney, or shall request, within the 20 days, an opportunity to 
express his views orally. The request shall be embodied in a writing 
signed by the person or by his attorney or agent. Such opportunity to 
present his views orally shall be afforded at a time and place to be 
designated by the Director and it shall be given within a time not to 
exceed 10 days after the date of the filing of the request therefor.



Sec.  202.41  Notice and hearing prior to promulgation of rules and regulations.

    Prior to the promulgation of any rule or regulation contemplated by 
section 402 of the Act (7 U.S.C. 1592), notice shall be given by 
publication in the Federal Register of intention to promulgate such rule 
or regulation and of the time and place of a public hearing to be held 
with reference thereto. Such hearings shall be conducted by the Director 
or by such employee or employees of the Department of Agriculture as may 
be designated to preside thereat, except that hearings with respect to 
rules or regulations contemplated by section 402(b) of the Act relating 
to title III of the Act (Foreign Commerce), shall be conducted by the 
Secretary of the Treasury and the Secretary of Agriculture, acting 
jointly or separately, or by such employee or employees of the 
Department of Agriculture or the Department of the Treasury as may be 
designated to preside thereat. The presiding officer shall conduct the 
hearing in an orderly and informal manner, according to such procedure 
as he may announce at the commencement of the hearing. Any rule or 
regulation promulgated under section 402 of the Act shall become 
effective on the date fixed in the promulgation, which date shall be not 
less than 30 days after publication in the Federal Register. Any rule or 
regulation may be amended or revoked in the same manner as is provided 
for its promulgation.



Sec.  202.42  Publication of judgments, settlements, and orders.

    After judgment or settlement, or the issuance of a cease and desist 
order, in any case or proceeding arising under this Act, notice thereof 
containing any information pertinent to the judgment or settlement or 
the issuance of the cease and desist order, shall be given by issuing a 
press release or by such other media as the Administrator of the 
Agricultural Marketing Service may designate from time to time.



Sec.  202.43  Proceedings under section 302(a) to show cause why seed or 
screenings should be admitted into the United States.

    When seed or screenings have been refused admission into the United 
States under the Act or the joint regulations promulgated thereunder, 
the owner or consignee of such seed or screenings may submit a request 
to the Director for a hearing in which he may show cause, if any he 
have, why such

[[Page 386]]

seed or screenings should be admitted. Request for such hearing shall be 
embodied in a writing signed by the owner or consignee or by his 
attorney or agent. The Director shall thereupon fix, and notify the 
owner or consignee of, the time when and place at which the hearing will 
be held. The hearing shall be conducted in an orderly and informal 
manner by the Director or by a presiding officer duly designated by him, 
and it shall be governed by such rules of procedure as the presiding 
officer shall announce at the opening of the hearing. The determination 
as to whether the seed or screenings may be admitted into the United 
States shall be made by the Administrator of the Agricultural Marketing 
Service, within a reasonable time after the close of the hearing, and 
the owner or consignee of the seed or screenings who requested the 
hearing and the Secretary of the Treasury shall be duly notified as to 
such determination.



Sec.  202.44  Proceedings under section 305(b) to determine whether 
foreign alfalfa or red clover seed is not adapted for general 
agricultural use in the United States.

    The public hearings which shall be held from time to time for the 
purpose of determining whether seed of alfalfa or red clover from any 
foreign country or region is not adapted for general agricultural use in 
the United States shall be conducted by the Director, or by a presiding 
officer duly designated by him. Such hearings shall be conducted in an 
orderly and informal manner in accordance with such procedure as the 
presiding officer shall announce at the opening of each hearing. The 
Administrator of the Agricultural Marketing Service shall, within a 
reasonable time after the close of the public hearing, make and publish 
his determination as to whether the said seed is adapted for general 
agricultural use in the United States. Publication of the determination 
shall be made in the Federal Register, and through such other media as 
the said Administrator may deem appropriate.

                        PARTS 203-204 [RESERVED]



       SUBCHAPTER L_REQUIREMENTS RELATING TO PURCHASES [RESERVED]



[[Page 387]]



          SUBCHAPTER M_ORGANIC FOODS PRODUCTION ACT PROVISIONS





PART 205_NATIONAL ORGANIC PROGRAM--Table of Contents




                          Subpart A_Definitions

Sec.
205.1 Meaning of words.
205.2 Terms defined.

                         Subpart B_Applicability

205.100 What has to be certified.
205.101 Exemptions and exclusions from certification.
205.102 Use of the term, ``organic.''
205.103 Recordkeeping by certified operations.
205.104 [Reserved]
205.105 Allowed and prohibited substances, methods, and ingredients in 
          organic production and handling.
205.106-205.199 [Reserved]

         Subpart C_Organic Production and Handling Requirements

205.200 General.
205.201 Organic production and handling system plan.
205.202 Land requirements.
205.203 Soil fertility and crop nutrient management practice standard.
205.204 Seeds and planting stock practice standard.
205.205 Crop rotation practice standard.
205.206 Crop pest, weed, and disease management practice standard.
205.207 Wild-crop harvesting practice standard.
205.208-205.235 [Reserved]
205.236 Origin of livestock.
205.237 Livestock feed.
205.238 Livestock health care practice standard.
205.239 Livestock living conditions.
205.240-205.269 [Reserved]
205.270 Organic handling requirements.
205.271 Facility pest management practice standard.
205.272 Commingling and contact with prohibited substance prevention 
          practice standard.
205.273-205.289 [Reserved]
205.290 Temporary variances.
205.291-205.299 [Reserved]

           Subpart D_Labels, Labeling, and Market Information

205.300 Use of the term, ``organic.''
205.301 Product composition.
205.302 Calculating the percentage of organically produced ingredients.
205.303 Packaged products labeled ``100 percent organic'' or 
          ``organic.''
205.304 Packaged products labeled ``made with organic (specified 
          ingredients or food group(s)).''
205.305 Multiingredient packaged products with less that 70 percent 
          organically produced ingredients.
205.306 Labeling of livestock feed.
205.307 Labeling of nonretail containers used for only shipping or 
          storage of raw or processed agricultural products labeled as 
          ``100 percent organic,'' ``organic,'' or ``made with organic 
          (specified ingredients or food group(s)).''
205.308 Agricultural products in other than packaged form at the point 
          of retail sale that are sold, labeled, or represented as ``100 
          percent organic'' or ``organic.''
205.309 Agricultural products in other than packaged form at the point 
          of retail sale that are sold, labeled, or represented as 
          ``made with organic (specified ingredients or food 
          group(s)).''
205.310 Agricultural products produced on an exempt or excluded 
          operation.
205.311 USDA Seal.
205.312-205.399 [Reserved]

                         Subpart E_Certification

205.400 General requirements for certification.
205.401 Application for certification.
205.402 Review of application.
205.403 On-site inspections.
205.404 Granting certification.
205.405 Denial of certification.
205.406 Continuation of certification.
205.407-205.499 [Reserved]

              Subpart F_Accreditation of Certifying Agents

205.500 Areas and duration of accreditation.
205.501 General requirements for accreditation.
205.502 Applying for accreditation.
205.503 Applicant information.
205.504 Evidence of expertise and ability.
205.505 Statement of agreement.
205.506 Granting accreditation.
205.507 Denial of accreditation.
205.508 Site evaluations.
205.509 Peer review panel.
205.510 Annual report, recordkeeping, and renewal of accreditation.
205.511-205.599 [Reserved]

[[Page 388]]

                        Subpart G_Administrative

         The National List of Allowed and Prohibited Substances

205.600 Evaluation criteria for allowed and prohibited substances, 
          methods, and ingredients.
205.601 Synthetic substances allowed for use in organic crop production.
205.602 Nonsynthetic substances prohibited for use in organic crop 
          production.
205.603 Synthetic substances allowed for use in organic livestock 
          production.
205.604 Nonsynthetic substances prohibited for use in organic livestock 
          production.
205.605 Nonagricultural (nonorganic) substances allowed as ingredients 
          in or on processed products labeled as ``organic,'' or ``made 
          with organic (specified ingredients or food group(s)).''
205.606 Nonorganically produced agricultural products allowed as 
          ingredients in or on processed products labeled as ``organic'' 
          or ``made with organic (specified ingredients or food 
          group(s)).''
205.607 Amending the National List.
205.608-205.619 [Reserved]

                         State Organic Programs

205.620 Requirements of State organic programs.
205.621 Submission and determination of proposed State organic programs 
          and amendments to approved State organic programs.
205.622 Review of approved State organic programs.
205.623-205.639 [Reserved]

                                  Fees

205.640 Fees and other charges for accreditation.
205.641 Payment of fees and other charges.
205.642 Fees and other charges for certification.
205.643-205.649 [Reserved]

                               Compliance

205.660 General.
205.661 Investigation of certified operations.
205.662 Noncompliance procedure for certified operations.
205.663 Mediation.
205.664 [Reserved]
205.665 Noncompliance procedure for certifying agents.
205.666-205.667 [Reserved]
205.668 Noncompliance procedures under State Organic Programs.
205.699 [Reserved]

       Inspection and Testing, Reporting, and Exclusion from Sale

205.670 Inspection and testing of agricultural product to be sold or 
          labeled ``organic.''
205.671 Exclusion from organic sale.
205.672 Emergency pest or disease treatment.
205.673-205.679 [Reserved]

                      Adverse Action Appeal Process

205.680 General.
205.681 Appeals.
205.682-205.689 [Reserved]

                              Miscellaneous

205.690 OMB control number.
205.691-205.699 [Reserved]

    Authority: 7 U.S.C. 6501-6522.

    Source: 65 FR 80637, Dec. 21, 2001, unless otherwise noted.



                          Subpart A_Definitions



Sec.  205.1  Meaning of words.

    For the purpose 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.  205.2  Terms defined.

    Accreditation. A determination made by the Secretary that authorizes 
a private, foreign, or State entity to conduct certification activities 
as a certifying agent under this part.
    Act. The Organic Foods Production Act of 1990, as amended (7 U.S.C. 
6501 et seq.).
    Action level. The limit at or above which the Food and Drug 
Administration will take legal action against a product to remove it 
from the market. Action levels are based on unavoidability of the 
poisonous or deleterious substances and do not represent permissible 
levels of contamination where it is avoidable.
    Administrator. The Administrator for the Agricultural Marketing 
Service, United States Departure of Agriculture, or the representative 
to whom authority has been delegated to act in the stead of the 
Administrator.
    Agricultural inputs. All substances or materials used in the 
production or handling of organic agricultural products.
    Agricultural product. Any agricultural commodity or product, whether 
raw or processed, including any commodity or product derived from 
livestock, that is

[[Page 389]]

marketed in the United States for human or livestock consumption.
    Agricultural Marketing Service (AMS). The Agricultural Marketing 
Service of the United States Department of Agriculture.
    Allowed synthetic. A substance that is included on the National List 
of synthetic substances allowed for use in organic production or 
handling.
    Animal drug. Any drug as defined in section 201 of the Federal Food, 
Drug, and Cosmetic Act, as amended (21 U.S.C. 321), that is intended for 
use in livestock, including any drug intended for use in livestock feed 
but not including such livestock feed.
    Annual seedling. A plant grown from seed that will complete its life 
cycle or produce a harvestable yield within the same crop year or season 
in which it was planted.
    Area of operation. The types of operations: crops, livestock, wild-
crop harvesting or handling, or any combination thereof that a 
certifying agent may be accredited to certify under this part.
    Audit trail. Documentation that is sufficient to determine the 
source, transfer of ownership, and transportation of any agricultural 
product labeled as ``100 percent organic,'' the organic ingredients of 
any agricultural product labeled as ``organic'' or ``made with organic 
(specified ingredients)'' or the organic ingredients of any agricultural 
product containing less than 70 percent organic ingredients identified 
as organic in an ingredients statement.
    Biodegradable. Subject to biological decomposition into simpler 
biochemical or chemical components.
    Biologics. All viruses, serums, toxins, and analogous products of 
natural or synthetic origin, such as diagnostics, antitoxins, vaccines, 
live microorganisms, killed microorganisms, and the antigenic or 
immunizing components of microorganisms intended for use in the 
diagnosis, treatment, or prevention of diseases of animals.
    Breeder stock. Female livestock whose offspring may be incorporated 
into an organic operation at the time of their birth.
    Buffer zone. An area located between a certified production 
operation or portion of a production operation and an adjacent land area 
that is not maintained under organic management. A buffer zone must be 
sufficient in size or other features (e.g., windbreaks or a diversion 
ditch) to prevent the possibility of unintended contact by prohibited 
substances applied to adjacent land areas with an area that is part of a 
certified operation.
    Bulk. The presentation to consumers at retail sale of an 
agricultural product in unpackaged, loose form, enabling the consumer to 
determine the individual pieces, amount, or volume of the product 
purchased.
    Certification or certified. A determination made by a certifying 
agent that a production or handling operation is in compliance with the 
Act and the regulations in this part, which is documented by a 
certificate of organic operation.
    Certified operation. A crop or livestock production, wild-crop 
harvesting or handling operation, or portion of such operation that is 
certified by an accredited certifying agent as utilizing a system of 
organic production or handling as described by the Act and the 
regulations in this part.
    Certifying agent. Any entity accredited by the Secretary as a 
certifying agent for the purpose of certifying a production or handling 
operation as a certified production or handling operation.
    Certifying agent's operation. All sites, facilities, personnel, and 
records used by a certifying agent to conduct certification activities 
under the Act and the regulations in this part.
    Claims. Oral, written, implied, or symbolic representations, 
statements, or advertising or other forms of communication presented to 
the public or buyers of agricultural products that relate to the organic 
certification process or the term, ``100 percent organic,'' ``organic,'' 
or ``made with organic (specified ingredients or food group(s)),'' or, 
in the case of agricultural products containing less than 70 percent 
organic ingredients, the term, ``organic,'' on the ingredients panel.
    Commercially available. The ability to obtain a production input in 
an appropriate form, quality, or quantity to fulfill an essential 
function in a system of

[[Page 390]]

organic production or handling, as determined by the certifying agent in 
the course of reviewing the organic plan.
    Commingling. Physical contact between unpackaged organically 
produced and nonorganically produced agricultural products during 
production, processing, transportation, storage or handling, other than 
during the manufacture of a multiingredient product containing both 
types of ingredients.
    Compost. The product of a managed process through which 
microorganisms break down plant and animal materials into more available 
forms suitable for application to the soil. Compost must be produced 
through a process that combines plant and animal materials with an 
initial C:N ratio of between 25:1 and 40:1. Producers using an in-vessel 
or static aerated pile system must maintain the composting materials at 
a temperature between 131 [deg]F and 170 [deg]F for 3 days. Producers 
using a windrow system must maintain the composting materials at a 
temperature between 131 [deg]F and 170 [deg]F for 15 days, during which 
time, the materials must be turned a minimum of five times.
    Control. Any method that reduces or limits damage by populations of 
pests, weeds, or diseases to levels that do not significantly reduce 
productivity.
    Crop. A plant or part of a plant intended to be marketed as an 
agricultural product or fed to livestock.
    Crop residues. The plant parts remaining in a field after the 
harvest of a crop, which include stalks, stems, leaves, roots, and 
weeds.
    Crop rotation. The practice of alternating the annual crops grown on 
a specific field in a planned pattern or sequence in successive crop 
years so that crops of the same species or family are not grown 
repeatedly without interruption on the same field. Perennial cropping 
systems employ means such as alley cropping, intercropping, and 
hedgerows to introduce biological diversity in lieu of crop rotation.
    Crop year. That normal growing season for a crop as determined by 
the Secretary.
    Cultivation. Digging up or cutting the soil to prepare a seed bed; 
control weeds; aerate the soil; or work organic matter, crop residues, 
or fertilizers into the soil.
    Cultural methods. Methods used to enhance crop health and prevent 
weed, pest, or disease problems without the use of substances; examples 
include the selection of appropriate varieties and planting sites; 
proper timing and density of plantings; irrigation; and extending a 
growing season by manipulating the microclimate with green houses, cold 
frames, or wind breaks.
    Detectable residue. The amount or presence of chemical residue or 
sample component that can be reliably observed or found in the sample 
matrix by current approved analytical methodology.
    Disease vectors. Plants or animals that harbor or transmit disease 
organisms or pathogens which may attack crops or livestock.
    Drift. The physical movement of prohibited substances from the 
intended target site onto an organic operation or portion thereof.
    Emergency pest or disease treatment program. A mandatory program 
authorized by a Federal, State, or local agency for the purpose of 
controlling or eradicating a pest or disease.
    Employee. Any person providing paid or volunteer services for a 
certifying agent.
    Excluded methods. A variety of methods used to genetically modify 
organisms or influence their growth and development by means that are 
not possible under natural conditions or processes and are not 
considered compatible with organic production. Such methods include cell 
fusion, microencapsulation and macroencapsulation, and recombinant DNA 
technology (including gene deletion, gene doubling, introducing a 
foreign gene, and changing the positions of genes when achieved by 
recombinant DNA technology). Such methods do not include the use of 
traditional breeding, conjugation, fermentation, hybridization, in vitro 
fertilization, or tissue culture.
    Feed. Edible materials which are consumed by livestock for their 
nutritional value. Feed may be concentrates (grains) or roughages (hay, 
silage, fodder). The term, ``feed,'' encompasses all agricultural 
commodities, including pasture ingested by livestock for nutritional 
purposes.

[[Page 391]]

    Feed additive. A substance added to feed in micro quantities to 
fulfill a specific nutritional need; i.e., essential nutrients in the 
form of amino acids, vitamins, and minerals.
    Feed supplement. A combination of feed nutrients added to livestock 
feed to improve the nutrient balance or performance of the total ration 
and intended to be:
    (1) Diluted with other feeds when fed to livestock;
    (2) Offered free choice with other parts of the ration if separately 
available; or
    (3) Further diluted and mixed to produce a complete feed.
    Fertilizer. A single or blended substance containing one or more 
recognized plant nutrient(s) which is used primarily for its plant 
nutrient content and which is designed for use or claimed to have value 
in promoting plant growth.
    Field. An area of land identified as a discrete unit within a 
production operation.
    Forage. Vegetative material in a fresh, dried, or ensiled state 
(pasture, hay, or silage), which is fed to livestock.
    Governmental entity. Any domestic government, tribal government, or 
foreign governmental subdivision providing certification services.
    Handle. To sell, process, or package agricultural products, except 
such term shall not include the sale, transportation, or delivery of 
crops or livestock by the producer thereof to a handler.
    Handler. Any person engaged in the business of handling agricultural 
products, including producers who handle crops or livestock of their own 
production, except such term shall not include final retailers of 
agricultural products that do not process agricultural products.
    Handling operation. Any operation or portion of an operation (except 
final retailers of agricultural products that do not process 
agricultural products) that receives or otherwise acquires agricultural 
products and processes, packages, or stores such products.
    Immediate family. The spouse, minor children, or blood relatives who 
reside in the immediate household of a certifying agent or an employee, 
inspector, contractor, or other personnel of the certifying agent. For 
the purpose of this part, the interest of a spouse, minor child, or 
blood relative who is a resident of the immediate household of a 
certifying agent or an employee, inspector, contractor, or other 
personnel of the certifying agent shall be considered to be an interest 
of the certifying agent or an employee, inspector, contractor, or other 
personnel of the certifying agent.
    Inert ingredient. Any substance (or group of substances with similar 
chemical structures if designated by the Environmental Protection 
Agency) other than an active ingredient which is intentionally included 
in any pesticide product (40 CFR 152.3(m)).
    Information panel. That part of the label of a packaged product that 
is immediately contiguous to and to the right of the principal display 
panel as observed by an individual facing the principal display panel, 
unless another section of the label is designated as the information 
panel because of package size or other package attributes (e.g., 
irregular shape with one usable surface).
    Ingredient. Any substance used in the preparation of an agricultural 
product that is still present in the final commercial product as 
consumed.
    Ingredients statement. The list of ingredients contained in a 
product shown in their common and usual names in the descending order of 
predominance.
    Inspection. The act of examining and evaluating the production or 
handling operation of an applicant for certification or certified 
operation to determine compliance with the Act and the regulations in 
this part.
    Inspector. Any person retained or used by a certifying agent to 
conduct inspections of certification applicants or certified production 
or handling operations.
    Label. A display of written, printed, or graphic material on the 
immediate container of an agricultural product or any such material 
affixed to any agricultural product or affixed to a bulk container 
containing an agricultural product, except for package liners or a 
display of written, printed, or graphic

[[Page 392]]

material which contains only information about the weight of the 
product.
    Labeling. All written, printed, or graphic material accompanying an 
agricultural product at any time or written, printed, or graphic 
material about the agricultural product displayed at retail stores about 
the product.
    Livestock. Any cattle, sheep, goat, swine, poultry, or equine 
animals used for food or in the production of food, fiber, feed, or 
other agricultural-based consumer products; wild or domesticated game; 
or other nonplant life, except such term shall not include aquatic 
animals or bees for the production of food, fiber, feed, or other 
agricultural-based consumer products.
    Lot. Any number of containers which contain an agricultural product 
of the same kind located in the same conveyance, warehouse, or packing 
house and which are available for inspection at the same time.
    Manure. Feces, urine, other excrement, and bedding produced by 
livestock that has not been composted.
    Market information. Any written, printed, audiovisual, or graphic 
information, including advertising, pamphlets, flyers, catalogues, 
posters, and signs, distributed, broadcast, or made available outside of 
retail outlets that are used to assist in the sale or promotion of a 
product.
    Mulch. Any nonsynthetic material, such as wood chips, leaves, or 
straw, or any synthetic material included on the National List for such 
use, such as newspaper or plastic that serves to suppress weed growth, 
moderate soil temperature, or conserve soil moisture.
    Narrow range oils. Petroleum derivatives, predominately of 
paraffinic and napthenic fractions with 50 percent boiling point (10 mm 
Hg) between 415 [deg]F and 440 [deg]F.
    National List. A list of allowed and prohibited substances as 
provided for in the Act.
    National Organic Program (NOP). The program authorized by the Act 
for the purpose of implementing its provisions.
    National Organic Standards Board (NOSB). A board established by the 
Secretary under 7 U.S.C. 6518 to assist in the development of standards 
for substances to be used in organic production and to advise the 
Secretary on any other aspects of the implementation of the National 
Organic Program.
    Natural resources of the operation. The physical, hydrological, and 
biological features of a production operation, including soil, water, 
wetlands, woodlands, and wildlife.
    Nonagricultural substance. A substance that is not a product of 
agriculture, such as a mineral or a bacterial culture, that is used as 
an ingredient in an agricultural product. For the purposes of this part, 
a nonagricultural ingredient also includes any substance, such as gums, 
citric acid, or pectin, that is extracted from, isolated from, or a 
fraction of an agricultural product so that the identity of the 
agricultural product is unrecognizable in the extract, isolate, or 
fraction.
    Nonsynthetic (natural). A substance that is derived from mineral, 
plant, or animal matter and does not undergo a synthetic process as 
defined in section 6502(21) of the Act (7 U.S.C. 6502(21)). For the 
purposes of this part, nonsynthetic is used as a synonym for natural as 
the term is used in the Act.
    Nonretail container. Any container used for shipping or storage of 
an agricultural product that is not used in the retail display or sale 
of the product.
    Nontoxic. Not known to cause any adverse physiological effects in 
animals, plants, humans, or the environment.
    Organic. A labeling term that refers to an agricultural product 
produced in accordance with the Act and the regulations in this part.
    Organic matter. The remains, residues, or waste products of any 
organism.
    Organic production. A production system that is managed in 
accordance with the Act and regulations in this part to respond to site-
specific conditions by integrating cultural, biological, and mechanical 
practices that foster cycling of resources, promote ecological balance, 
and conserve biodiversity.
    Organic system plan. A plan of management of an organic production 
or handling operation that has been agreed to by the producer or handler 
and the certifying agent and that includes written plans concerning all 
aspects of agricultural production or

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handling described in the Act and the regulations in subpart C of this 
part.
    Pasture. Land used for livestock grazing that is managed to provide 
feed value and maintain or improve soil, water, and vegetative 
resources.
    Peer review panel. A panel of individuals who have expertise in 
organic production and handling methods and certification procedures and 
who are appointed by the Administrator to assist in evaluating 
applicants for accreditation as certifying agents.
    Person. An individual, partnership, corporation, association, 
cooperative, or other entity.
    Pesticide. Any substance which alone, in chemical combination, or in 
any formulation with one or more substances is defined as a pesticide in 
section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136(u) et seq).
    Petition. A request to amend the National List that is submitted by 
any person in accordance with this part.
    Planting stock. Any plant or plant tissue other than annual 
seedlings but including rhizomes, shoots, leaf or stem cuttings, roots, 
or tubers, used in plant production or propagation.
    Practice standard. The guidelines and requirements through which a 
production or handling operation implements a required component of its 
production or handling organic system plan. A practice standard includes 
a series of allowed and prohibited actions, materials, and conditions to 
establish a minimum level performance for planning, conducting, and 
maintaining a function, such as livestock health care or facility pest 
management, essential to an organic operation.
    Principal display panel. That part of a label that is most likely to 
be displayed, presented, shown, or examined under customary conditions 
of display for sale.
    Private entity. Any domestic or foreign nongovernmental for-profit 
or not-for-profit organization providing certification services.
    Processing. Cooking, baking, curing, heating, drying, mixing, 
grinding, churning, separating, extracting, slaughtering, cutting, 
fermenting, distilling, eviscerating, preserving, dehydrating, freezing, 
chilling, or otherwise manufacturing and includes the packaging, 
canning, jarring, or otherwise enclosing food in a container.
    Processing aid. (1) Substance that is added to a food during the 
processing of such food but is removed in some manner from the food 
before it is packaged in its finished form;
    (2) a substance that is added to a food during processing, is 
converted into constituents normally present in the food, and does not 
significantly increase the amount of the constituents naturally found in 
the food; and
    (3) a substance that is added to a food for its technical or 
functional effect in the processing but is present in the finished food 
at insignificant levels and does not have any technical or functional 
effect in that food.
    Producer. A person who engages in the business of growing or 
producing food, fiber, feed, and other agricultural-based consumer 
products.
    Production lot number/identifier. Identification of a product based 
on the production sequence of the product showing the date, time, and 
place of production used for quality control purposes.
    Prohibited substance. A substance the use of which in any aspect of 
organic production or handling is prohibited or not provided for in the 
Act or the regulations of this part.
    Records. Any information in written, visual, or electronic form that 
documents the activities undertaken by a producer, handler, or 
certifying agent to comply with the Act and regulations in this part.
    Residue testing. An official or validated analytical procedure that 
detects, identifies, and measures the presence of chemical substances, 
their metabolites, or degradations products in or on raw or processed 
agricultural products.
    Responsibly connected. Any person who is a partner, officer, 
director, holder, manager, or owner of 10 percent or more of the voting 
stock of an applicant or a recipient of certification or accreditation.
    Retail food establishment. A restaurant; delicatessen; bakery; 
grocery store; or any retail outlet with an in-store restaurant, 
delicatessen, bakery, salad bar, or other eat-in or carry-out

[[Page 394]]

service of processed or prepared raw and ready-to-eat-food.
    Routine use of parasiticide. The regular, planned, or periodic use 
of parasiticides.
    Secretary. The Secretary of Agriculture or a representative to whom 
authority has been delegated to act in the Secretary's stead.
    Sewage sludge. A solid, semisolid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes but is not limited to: domestic septage; scum or solids 
removed in primary, secondary, or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge does 
not include ash generated during the firing of sewage sludge in a sewage 
sludge incinerator or grit and screenings generated during preliminary 
treatment of domestic sewage in a treatment works.
    Slaughter stock. Any animal that is intended to be slaughtered for 
consumption by humans or other animals.
    Soil and water quality. Observable indicators of the physical, 
chemical, or biological condition of soil and water, including the 
presence of environmental contaminants.
    Split operation. An operation that produces or handles both organic 
and nonorganic agricultural products.
    State. Any of the several States of the United States of America, 
its territories, the District of Columbia, and the Commonwealth of 
Puerto Rico.
    State certifying agent. A certifying agent accredited by the 
Secretary under the National Organic Program and operated by the State 
for the purposes of certifying organic production and handling 
operations in the State.
    State organic program (SOP). A State program that meets the 
requirements of section 6506 of the Act, is approved by the Secretary, 
and is designed to ensure that a product that is sold or labeled as 
organically produced under the Act is produced and handled using organic 
methods.
    State organic program's governing State official. The chief 
executive official of a State or, in the case of a State that provides 
for the statewide election of an official to be responsible solely for 
the administration of the agricultural operations of the State, such 
official who administers a State organic certification program.
    Synthetic. A substance that is formulated or manufactured by a 
chemical process or by a process that chemically changes a substance 
extracted from naturally occurring plant, animal, or mineral sources, 
except that such term shall not apply to substances created by naturally 
occurring biological processes.
    Tolerance. The maximum legal level of a pesticide chemical residue 
in or on a raw or processed agricultural commodity or processed food.
    Transplant. A seedling which has been removed from its original 
place of production, transported, and replanted.
    Unavoidable residual environmental contamination (UREC). Background 
levels of naturally occurring or synthetic chemicals that are present in 
the soil or present in organically produced agricultural products that 
are below established tolerances.
    Wild crop. Any plant or portion of a plant that is collected or 
harvested from a site that is not maintained under cultivation or other 
agricultural management.



                         Subpart B_Applicability



Sec.  205.100  What has to be certified.

    (a) Except for operations exempt or excluded in Sec.  205.101, each 
production or handling operation or specified portion of a production or 
handling operation that produces or handles crops, livestock, livestock 
products, or other agricultural products that are intended to be sold, 
labeled, or represented as ``100 percent organic,'' ``organic,'' or 
``made with organic (specified ingredients or food group(s))'' must be 
certified according to the provisions of subpart E of this part and must 
meet all other applicable requirements of this part.
    (b) Any production or handling operation or specified portion of a 
production or handling operation that has been already certified by a 
certifying agent on the date that the certifying agent receives its 
accreditation under

[[Page 395]]

this part shall be deemed to be certified under the Act until the 
operation's next anniversary date of certification. Such recognition 
shall only be available to those operations certified by a certifying 
agent that receives its accreditation within 18 months from February 20, 
2001.
    (c) Any operation that:
    (1) Knowingly sells or labels a product as organic, except in 
accordance with the Act, shall be subject to a civil penalty of not more 
than $10,000 per violation.
    (2) Makes a false statement under the Act to the Secretary, a 
governing State official, or an accredited certifying agent shall be 
subject to the provisions of section 1001 of title 18, United States 
Code.



Sec.  205.101  Exemptions and exclusions from certification.

    (a) Exemptions. (1) A production or handling operation that sells 
agricultural products as ``organic'' but whose gross agricultural income 
from organic sales totals $5,000 or less annually is exempt from 
certification under subpart E of this part and from submitting an 
organic system plan for acceptance or approval under Sec.  205.201 but 
must comply with the applicable organic production and handling 
requirements of subpart C of this part and the labeling requirements of 
Sec.  205.310. The products from such operations shall not be used as 
ingredients identified as organic in processed products produced by 
another handling operation.
    (2) A handling operation that is a retail food establishment or 
portion of a retail food establishment that handles organically produced 
agricultural products but does not process them is exempt from the 
requirements in this part.
    (3) A handling operation or portion of a handling operation that 
only handles agricultural products that contain less than 70 percent 
organic ingredients by total weight of the finished product (excluding 
water and salt) is exempt from the requirements in this part, except:
    (i) The provisions for prevention of contact of organic products 
with prohibited substances set forth in Sec.  205.272 with respect to 
any organically produced ingredients used in an agricultural product;
    (ii) The labeling provisions of Sec. Sec.  205.305 and 205.310; and
    (iii) The recordkeeping provisions in paragraph (c) of this section.
    (4) A handling operation or portion of a handling operation that 
only identifies organic ingredients on the information panel is exempt 
from the requirements in this part, except:
    (i) The provisions for prevention of contact of organic products 
with prohibited substances set forth in Sec.  205.272 with respect to 
any organically produced ingredients used in an agricultural product;
    (ii) The labeling provisions of Sec. Sec.  205.305 and 205.310; and
    (iii) The recordkeeping provisions in paragraph (c) of this section.
    (b) Exclusions. (1) A handling operation or portion of a handling 
operation is excluded from the requirements of this part, except for the 
requirements for the prevention of commingling and contact with 
prohibited substances as set forth in Sec.  205.272 with respect to any 
organically produced products, if such operation or portion of the 
operation only sells organic agricultural products labeled as ``100 
percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s))'' that:
    (i) Are packaged or otherwise enclosed in a container prior to being 
received or acquired by the operation; and
    (ii) Remain in the same package or container and are not otherwise 
processed while in the control of the handling operation.
    (2) A handling operation that is a retail food establishment or 
portion of a retail food establishment that processes, on the premises 
of the retail food establishment, raw and ready-to-eat food from 
agricultural products that were previously labeled as ``100 percent 
organic,'' ``organic,'' or ``made with organic (specified ingredients or 
food group(s))'' is excluded from the requirements in this part, except:
    (i) The requirements for the prevention of contact with prohibited 
substances as set forth in Sec.  205.272; and
    (ii) The labeling provisions of Sec.  205.310.

[[Page 396]]

    (c) Records to be maintained by exempt operations. (1) Any handling 
operation exempt from certification pursuant to paragraph (a)(3) or 
(a)(4) of this section must maintain records sufficient to:
    (i) Prove that ingredients identified as organic were organically 
produced and handled; and
    (ii) Verify quantities produced from such ingredients.
    (2) Records must be maintained for no less than 3 years beyond their 
creation and the operations must allow representatives of the Secretary 
and the applicable State organic programs' governing State official 
access to these records for inspection and copying during normal 
business hours to determine compliance with the applicable regulations 
set forth in this part.



Sec.  205.102  Use of the term, ``organic.''

    Any agricultural product that is sold, labeled, or represented as 
``100 percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s))'' must be:
    (a) Produced in accordance with the requirements specified in Sec.  
205.101 or Sec. Sec.  205.202 through 205.207 or Sec. Sec.  205.236 
through 205.239 and all other applicable requirements of part 205; and
    (b) Handled in accordance with the requirements specified in Sec.  
205.101 or Sec. Sec.  205.270 through 205.272 and all other applicable 
requirements of this part 205.



Sec.  205.103  Recordkeeping by certified operations.

    (a) A certified operation must maintain records concerning the 
production, harvesting, and handling of agricultural products that are 
or that are intended to be sold, labeled, or represented as ``100 
percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s)).''
    (b) Such records must:
    (1) Be adapted to the particular business that the certified 
operation is conducting;
    (2) Fully disclose all activities and transactions of the certified 
operation in sufficient detail as to be readily understood and audited;
    (3) Be maintained for not less than 5 years beyond their creation; 
and
    (4) Be sufficient to demonstrate compliance with the Act and the 
regulations in this part.
    (c) The certified operation must make such records available for 
inspection and copying during normal business hours by authorized 
representatives of the Secretary, the applicable State program's 
governing State official, and the certifying agent.



Sec.  205.104  [Reserved]



Sec.  205.105  Allowed and prohibited substances, methods, and ingredients 
in organic production and handling.

    To be sold or labeled as ``100 percent organic,'' ``organic,'' or 
``made with organic (specified ingredients or food group(s)),'' the 
product must be produced and handled without the use of:
    (a) Synthetic substances and ingredients, except as provided in 
Sec.  205.601 or Sec.  205.603;
    (b) Nonsynthetic substances prohibited in Sec.  205.602 or Sec.  
205.604;
    (c) Nonagricultural substances used in or on processed products, 
except as otherwise provided in Sec.  205.605;
    (d) Nonorganic agricultural substances used in or on processed 
products, except as otherwise provided in Sec.  205.606;
    (e) Excluded methods, except for vaccines: Provided, That, the 
vaccines are approved in accordance with Sec.  205.600(a);
    (f) Ionizing radiation, as described in Food and Drug Administration 
regulation, 21 CFR 179.26; and
    (g) Sewage sludge.



Sec. Sec.  205.106-205.199  [Reserved]



         Subpart C_Organic Production and Handling Requirements



Sec.  205.200  General.

    The producer or handler of a production or handling operation 
intending to sell, label, or represent agricultural products as ``100 
percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s))'' must comply with the applicable 
provisions of this subpart. Production practices implemented in 
accordance with this subpart must maintain or improve the

[[Page 397]]

natural resources of the operation, including soil and water quality.



Sec.  205.201  Organic production and handling system plan.

    (a) The producer or handler of a production or handling operation, 
except as exempt or excluded under Sec.  205.101, intending to sell, 
label, or represent agricultural products as ``100 percent organic,'' 
``organic,'' or ``made with organic (specified ingredients or food 
group(s))'' must develop an organic production or handling system plan 
that is agreed to by the producer or handler and an accredited 
certifying agent. An organic system plan must meet the requirements set 
forth in this section for organic production or handling. An organic 
production or handling system plan must include:
    (1) A description of practices and procedures to be performed and 
maintained, including the frequency with which they will be performed;
    (2) A list of each substance to be used as a production or handling 
input, indicating its composition, source, location(s) where it will be 
used, and documentation of commercial availability, as applicable;
    (3) A description of the monitoring practices and procedures to be 
performed and maintained, including the frequency with which they will 
be performed, to verify that the plan is effectively implemented;
    (4) A description of the recordkeeping system implemented to comply 
with the requirements established in Sec.  205.103;
    (5) A description of the management practices and physical barriers 
established to prevent commingling of organic and nonorganic products on 
a split operation and to prevent contact of organic production and 
handling operations and products with prohibited substances; and
    (6) Additional information deemed necessary by the certifying agent 
to evaluate compliance with the regulations.
    (b) A producer may substitute a plan prepared to meet the 
requirements of another Federal, State, or local government regulatory 
program for the organic system plan: Provided, That, the submitted plan 
meets all the requirements of this subpart.



Sec.  205.202  Land requirements.

    Any field or farm parcel from which harvested crops are intended to 
be sold, labeled, or represented as ``organic,'' must:
    (a) Have been managed in accordance with the provisions of 
Sec. Sec.  205.203 through 205.206;
    (b) Have had no prohibited substances, as listed in Sec.  205.105, 
applied to it for a period of 3 years immediately preceding harvest of 
the crop; and
    (c) Have distinct, defined boundaries and buffer zones such as 
runoff diversions to prevent the unintended application of a prohibited 
substance to the crop or contact with a prohibited substance applied to 
adjoining land that is not under organic management.



Sec.  205.203  Soil fertility and crop nutrient management practice standard.

    (a) The producer must select and implement tillage and cultivation 
practices that maintain or improve the physical, chemical, and 
biological condition of soil and minimize soil erosion.
    (b) The producer must manage crop nutrients and soil fertility 
through rotations, cover crops, and the application of plant and animal 
materials.
    (c) The producer must manage plant and animal materials to maintain 
or improve soil organic matter content in a manner that does not 
contribute to contamination of crops, soil, or water by plant nutrients, 
pathogenic organisms, heavy metals, or residues of prohibited 
substances. Animal and plant materials include:
    (1) Raw animal manure, which must be composted unless it is:
    (i) Applied to land used for a crop not intended for human 
consumption;
    (ii) Incorporated into the soil not less than 120 days prior to the 
harvest of a product whose edible portion has direct contact with the 
soil surface or soil particles; or
    (iii) Incorporated into the soil not less than 90 days prior to the 
harvest of a product whose edible portion does not have direct contact 
with the soil surface or soil particles;

[[Page 398]]

    (2) Composted plant and animal materials produced though a process 
that:
    (i) Established an initial C:N ratio of between 25:1 and 40:1; and
    (ii) Maintained a temperature of between 131 [deg]F and 170 [deg]F 
for 3 days using an in-vessel or static aerated pile system; or
    (iii) Maintained a temperature of between 131 [deg]F and 170 [deg]F 
for 15 days using a windrow composting system, during which period, the 
materials must be turned a minimum of five times.
    (3) Uncomposted plant materials.
    (d) A producer may manage crop nutrients and soil fertility to 
maintain or improve soil organic matter content in a manner that does 
not contribute to contamination of crops, soil, or water by plant 
nutrients, pathogenic organisms, heavy metals, or residues of prohibited 
substances by applying:
    (1) A crop nutrient or soil amendment included on the National List 
of synthetic substances allowed for use in organic crop production;
    (2) A mined substance of low solubility;
    (3) A mined substance of high solubility: Provided, That, the 
substance is used in compliance with the conditions established on the 
National List of nonsynthetic materials prohibited for crop production;
    (4) Ash obtained from the burning of a plant or animal material, 
except as prohibited in paragraph (e) of this section: Provided, That, 
the material burned has not been treated or combined with a prohibited 
substance or the ash is not included on the National List of 
nonsynthetic substances prohibited for use in organic crop production; 
and
    (5) A plant or animal material that has been chemically altered by a 
manufacturing process: Provided, That, the material is included on the 
National List of synthetic substances allowed for use in organic crop 
production established in Sec.  205.601.
    (e) The producer must not use:
    (1) Any fertilizer or composted plant and animal material that 
contains a synthetic substance not included on the National List of 
synthetic substances allowed for use in organic crop production;
    (2) Sewage sludge (biosolids) as defined in 40 CFR part 503; and (3) 
Burning as a means of disposal for crop residues produced on the 
operation: Except, That, burning may be used to suppress the spread of 
disease or to stimulate seed germination.



Sec.  205.204  Seeds and planting stock practice standard.

    (a) The producer must use organically grown seeds, annual seedlings, 
and planting stock: Except, That,
    (1) Nonorganically produced, untreated seeds and planting stock may 
be used to produce an organic crop when an equivalent organically 
produced variety is not commercially available: Except, That, 
organically produced seed must be used for the production of edible 
sprouts;
    (2) Nonorganically produced seeds and planting stock that have been 
treated with a substance included on the National List of synthetic 
substances allowed for use in organic crop production may be used to 
produce an organic crop when an equivalent organically produced or 
untreated variety is not commercially available;
    (3) Nonorganically produced annual seedlings may be used to produce 
an organic crop when a temporary variance has been granted in accordance 
with Sec.  205.290(a)(2);
    (4) Nonorganically produced planting stock to be used to produce a 
perennial crop may be sold, labeled, or represented as organically 
produced only after the planting stock has been maintained under a 
system of organic management for a period of no less than 1 year; and
    (5) Seeds, annual seedlings, and planting stock treated with 
prohibited substances may be used to produce an organic crop when the 
application of the materials is a requirement of Federal or State 
phytosanitary regulations.
    (b) [Reserved]



Sec.  205.205  Crop rotation practice standard.

    The producer must implement a crop rotation including but not 
limited to sod, cover crops, green manure crops,

[[Page 399]]

and catch crops that provide the following functions that are applicable 
to the operation:
    (a) Maintain or improve soil organic matter content;
    (b) Provide for pest management in annual and perennial crops;
    (c) Manage deficient or excess plant nutrients; and
    (d) Provide erosion control.



Sec.  205.206  Crop pest, weed, and disease management practice standard.

    (a) The producer must use management practices to prevent crop 
pests, weeds, and diseases including but not limited to:
    (1) Crop rotation and soil and crop nutrient management practices, 
as provided for in Sec. Sec.  205.203 and 205.205;
    (2) Sanitation measures to remove disease vectors, weed seeds, and 
habitat for pest organisms; and
    (3) Cultural practices that enhance crop health, including selection 
of plant species and varieties with regard to suitability to site-
specific conditions and resistance to prevalent pests, weeds, and 
diseases.
    (b) Pest problems may be controlled through mechanical or physical 
methods including but not limited to:
    (1) Augmentation or introduction of predators or parasites of the 
pest species;
    (2) Development of habitat for natural enemies of pests;
    (3) Nonsynthetic controls such as lures, traps, and repellents.
    (c) Weed problems may be controlled through:
    (1) Mulching with fully biodegradable materials;
    (2) Mowing;
    (3) Livestock grazing;
    (4) Hand weeding and mechanical cultivation;
    (5) Flame, heat, or electrical means; or
    (6) Plastic or other synthetic mulches: Provided, That, they are 
removed from the field at the end of the growing or harvest season.
    (d) Disease problems may be controlled through:
    (1) Management practices which suppress the spread of disease 
organisms; or
    (2) Application of nonsynthetic biological, botanical, or mineral 
inputs.
    (e) When the practices provided for in paragraphs (a) through (d) of 
this section are insufficient to prevent or control crop pests, weeds, 
and diseases, a biological or botanical substance or a substance 
included on the National List of synthetic substances allowed for use in 
organic crop production may be applied to prevent, suppress, or control 
pests, weeds, or diseases: Provided, That, the conditions for using the 
substance are documented in the organic system plan.
    (f) The producer must not use lumber treated with arsenate or other 
prohibited materials for new installations or replacement purposes in 
contact with soil or livestock.



Sec.  205.207  Wild-crop harvesting practice standard.

    (a) A wild crop that is intended to be sold, labeled, or represented 
as organic must be harvested from a designated area that has had no 
prohibited substance, as set forth in Sec.  205.105, applied to it for a 
period of 3 years immediately preceding the harvest of the wild crop.
    (b) A wild crop must be harvested in a manner that ensures that such 
harvesting or gathering will not be destructive to the environment and 
will sustain the growth and production of the wild crop.



Sec. Sec.  205.208-205.235  [Reserved]



Sec.  205.236  Origin of livestock.

    (a) Livestock products that are to be sold, labeled, or represented 
as organic must be from livestock under continuous organic management 
from the last third of gestation or hatching: Except, That:
    (1) Poultry. Poultry or edible poultry products must be from poultry 
that has been under continuous organic management beginning no later 
than the second day of life;
    (2) Dairy animals. Milk or milk products must be from animals that 
have been under continuous organic management beginning no later than 1 
year prior to the production of the milk or

[[Page 400]]

milk products that are to be sold, labeled, or represented as organic: 
Except, That, when an entire, distinct herd is converted to organic 
production, the producer may:
    (i) For the first 9 months of the year, provide a minimum of 80-
percent feed that is either organic or raised from land included in the 
organic system plan and managed in compliance with organic crop 
requirements; and
    (ii) Provide feed in compliance with Sec.  205.237 for the final 3 
months.
    (iii) Once an entire, distinct herd has been converted to organic 
production, all dairy animals shall be under organic management from the 
last third of gestation.
    (3) Breeder stock. Livestock used as breeder stock may be brought 
from a nonorganic operation onto an organic operation at any time: 
Provided, That, if such livestock are gestating and the offspring are to 
be raised as organic livestock, the breeder stock must be brought onto 
the facility no later than the last third of gestation.
    (b) The following are prohibited:
    (1) Livestock or edible livestock products that are removed from an 
organic operation and subsequently managed on a nonorganic operation may 
be not sold, labeled, or represented as organically produced.
    (2) Breeder or dairy stock that has not been under continuous 
organic management since the last third of gestation may not be sold, 
labeled, or represented as organic slaughter stock.
    (c) The producer of an organic livestock operation must maintain 
records sufficient to preserve the identity of all organically managed 
animals and edible and nonedible animal products produced on the 
operation.



Sec.  205.237  Livestock feed.

    (a) The producer of an organic livestock operation must provide 
livestock with a total feed ration composed of agricultural products, 
including pasture and forage, that are organically produced and, if 
applicable, organically handled: Except, That, nonsynthetic substances 
and synthetic substances allowed under Sec.  205.603 may be used as feed 
additives and supplements.
    (b) The producer of an organic operation must not:
    (1) Use animal drugs, including hormones, to promote growth;
    (2) Provide feed supplements or additives in amounts above those 
needed for adequate nutrition and health maintenance for the species at 
its specific stage of life;
    (3) Feed plastic pellets for roughage;
    (4) Feed formulas containing urea or manure;
    (5) Feed mammalian or poultry slaughter by-products to mammals or 
poultry; or
    (6) Use feed, feed additives, and feed supplements in violation of 
the Federal Food, Drug, and Cosmetic Act.



Sec.  205.238  Livestock health care practice standard.

    (a) The producer must establish and maintain preventive livestock 
health care practices, including:
    (1) Selection of species and types of livestock with regard to 
suitability for site-specific conditions and resistance to prevalent 
diseases and parasites;
    (2) Provision of a feed ration sufficient to meet nutritional 
requirements, including vitamins, minerals, protein and/or amino acids, 
fatty acids, energy sources, and fiber (ruminants);
    (3) Establishment of appropriate housing, pasture conditions, and 
sanitation practices to minimize the occurrence and spread of diseases 
and parasites;
    (4) Provision of conditions which allow for exercise, freedom of 
movement, and reduction of stress appropriate to the species;
    (5) Performance of physical alterations as needed to promote the 
animal's welfare and in a manner that minimizes pain and stress; and
    (6) Administration of vaccines and other veterinary biologics.
    (b) When preventive practices and veterinary biologics are 
inadequate to prevent sickness, a producer may administer synthetic 
medications: Provided, That, such medications are allowed under Sec.  
205.603. Parasiticides allowed under Sec.  205.603 may be used on:
    (1) Breeder stock, when used prior to the last third of gestation 
but not during lactation for progeny that are to be sold, labeled, or 
represented as organically produced; and

[[Page 401]]

    (2) Dairy stock, when used a minimum of 90 days prior to the 
production of milk or milk products that are to be sold, labeled, or 
represented as organic.
    (c) The producer of an organic livestock operation must not:
    (1) Sell, label, or represent as organic any animal or edible 
product derived from any animal treated with antibiotics, any substance 
that contains a synthetic substance not allowed under Sec.  205.603, or 
any substance that contains a nonsynthetic substance prohibited in Sec.  
205.604.
    (2) Administer any animal drug, other than vaccinations, in the 
absence of illness;
    (3) Administer hormones for growth promotion;
    (4) Administer synthetic parasiticides on a routine basis;
    (5) Administer synthetic parasiticides to slaughter stock;
    (6) Administer animal drugs in violation of the Federal Food, Drug, 
and Cosmetic Act; or
    (7) Withhold medical treatment from a sick animal in an effort to 
preserve its organic status. All appropriate medications must be used to 
restore an animal to health when methods acceptable to organic 
production fail. Livestock treated with a prohibited substance must be 
clearly identified and shall not be sold, labeled, or represented as 
organically produced.



Sec.  205.239  Livestock living conditions.

    (a) The producer of an organic livestock operation must establish 
and maintain livestock living conditions which accommodate the health 
and natural behavior of animals, including:
    (1) Access to the outdoors, shade, shelter, exercise areas, fresh 
air, and direct sunlight suitable to the species, its stage of 
production, the climate, and the environment;
    (2) Access to pasture for ruminants;
    (3) Appropriate clean, dry bedding. If the bedding is typically 
consumed by the animal species, it must comply with the feed 
requirements of Sec.  205.237;
    (4) Shelter designed to allow for:
    (i) Natural maintenance, comfort behaviors, and opportunity to 
exercise;
    (ii) Temperature level, ventilation, and air circulation suitable to 
the species; and
    (iii) Reduction of potential for livestock injury;
    (b) The producer of an organic livestock operation may provide 
temporary confinement for an animal because of:
    (1) Inclement weather;
    (2) The animal's stage of production;
    (3) Conditions under which the health, safety, or well being of the 
animal could be jeopardized; or
    (4) Risk to soil or water quality.
    (c) The producer of an organic livestock operation must manage 
manure in a manner that does not contribute to contamination of crops, 
soil, or water by plant nutrients, heavy metals, or pathogenic organisms 
and optimizes recycling of nutrients.



Sec. Sec.  205.240-205.269  [Reserved]



Sec.  205.270  Organic handling requirements.

    (a) Mechanical or biological methods, including but not limited to 
cooking, baking, curing, heating, drying, mixing, grinding, churning, 
separating, distilling, extracting, slaughtering, cutting, fermenting, 
eviscerating, preserving, dehydrating, freezing, chilling, or otherwise 
manufacturing, and the packaging, canning, jarring, or otherwise 
enclosing food in a container may be used to process an organically 
produced agricultural product for the purpose of retarding spoilage or 
otherwise preparing the agricultural product for market.
    (b) Nonagricultural substances allowed under Sec.  205.605 and 
nonorganically produced agricultural products allowed under Sec.  
205.606 may be used:
    (1) In or on a processed agricultural product intended to be sold, 
labeled, or represented as ``organic,'' pursuant to Sec.  205.301(b), if 
not commercially available in organic form.
    (2) In or on a processed agricultural product intended to be sold, 
labeled, or represented as ``made with organic (specified ingredients or 
food group(s)),'' pursuant to Sec.  205.301(c).
    (c) The handler of an organic handling operation must not use in or 
on agricultural products intended to be sold, labeled, or represented as 
``100

[[Page 402]]

percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s)),'' or in or on any ingredients labeled as 
organic:
    (1) Practices prohibited under paragraphs (e) and (f) of Sec.  
205.105.
    (2) A volatile synthetic solvent or other synthetic processing aid 
not allowed under Sec.  205.605: Except, That, nonorganic ingredients in 
products labeled ``made with organic (specified ingredients or food 
group(s))'' are not subject to this requirement.



Sec.  205.271  Facility pest management practice standard.

    (a) The producer or handler of an organic facility must use 
management practices to prevent pests, including but not limited to:
    (1) Removal of pest habitat, food sources, and breeding areas;
    (2) Prevention of access to handling facilities; and
    (3) Management of environmental factors, such as temperature, light, 
humidity, atmosphere, and air circulation, to prevent pest reproduction.
    (b) Pests may be controlled through:
    (1) Mechanical or physical controls including but not limited to 
traps, light, or sound; or
    (2) Lures and repellents using nonsynthetic or synthetic substances 
consistent with the National List.
    (c) If the practices provided for in paragraphs (a) and (b) of this 
section are not effective to prevent or control pests, a nonsynthetic or 
synthetic substance consistent with the National List may be applied.
    (d) If the practices provided for in paragraphs (a), (b), and (c) of 
this section are not effective to prevent or control facility pests, a 
synthetic substance not on the National List may be applied: Provided, 
That, the handler and certifying agent agree on the substance, method of 
application, and measures to be taken to prevent contact of the 
organically produced products or ingredients with the substance used.
    (e) The handler of an organic handling operation who applies a 
nonsynthetic or synthetic substance to prevent or control pests must 
update the operation's organic handling plan to reflect the use of such 
substances and methods of application. The updated organic plan must 
include a list of all measures taken to prevent contact of the 
organically produced products or ingredients with the substance used.
    (f) Notwithstanding the practices provided for in paragraphs (a), 
(b), (c), and (d) of this section, a handler may otherwise use 
substances to prevent or control pests as required by Federal, State, or 
local laws and regulations: Provided, That, measures are taken to 
prevent contact of the organically produced products or ingredients with 
the substance used.



Sec.  205.272  Commingling and contact with prohibited substance prevention 
practice standard.

    (a) The handler of an organic handling operation must implement 
measures necessary to prevent the commingling of organic and nonorganic 
products and protect organic products from contact with prohibited 
substances.
    (b) The following are prohibited for use in the handling of any 
organically produced agricultural product or ingredient labeled in 
accordance with subpart D of this part:
    (1) Packaging materials, and storage containers, or bins that 
contain a synthetic fungicide, preservative, or fumigant;
    (2) The use or reuse of any bag or container that has been in 
contact with any substance in such a manner as to compromise the organic 
integrity of any organically produced product or ingredient placed in 
those containers, unless such reusable bag or container has been 
thoroughly cleaned and poses no risk of contact of the organically 
produced product or ingredient with the substance used.



Sec. Sec.  205.273-205.289  [Reserved]



Sec.  205.290  Temporary variances.

    (a) Temporary variances from the requirements in Sec. Sec.  205.203 
through 205.207, 205.236 through 205.239, and 205.270 through 205.272 
may be established by the Administrator for the following reasons:
    (1) Natural disasters declared by the Secretary;

[[Page 403]]

    (2) Damage caused by drought, wind, flood, excessive moisture, hail, 
tornado, earthquake, fire, or other business interruption; and
    (3) Practices used for the purpose of conducting research or trials 
of techniques, varieties, or ingredients used in organic production or 
handling.
    (b) A State organic program's governing State official or certifying 
agent may recommend in writing to the Administrator that a temporary 
variance from a standard set forth in subpart C of this part for organic 
production or handling operations be established: Provided, That, such 
variance is based on one or more of the reasons listed in paragraph (a) 
of this section.
    (c) The Administrator will provide written notification to 
certifying agents upon establishment of a temporary variance applicable 
to the certifying agent's certified production or handling operations 
and specify the period of time it shall remain in effect, subject to 
extension as the Administrator deems necessary.
    (d) A certifying agent, upon notification from the Administrator of 
the establishment of a temporary variance, must notify each production 
or handling operation it certifies to which the temporary variance 
applies.
    (e) Temporary variances will not be granted for any practice, 
material, or procedure prohibited under Sec.  205.105.



Sec. Sec.  205.291-205.299  [Reserved]



           Subpart D_Labels, Labeling, and Market Information



Sec.  205.300  Use of the term, ``organic.''

    (a) The term, ``organic,'' may only be used on labels and in 
labeling of raw or processed agricultural products, including 
ingredients, that have been produced and handled in accordance with the 
regulations in this part. The term, ``organic,'' may not be used in a 
product name to modify a nonorganic ingredient in the product.
    (b) Products for export, produced and certified to foreign national 
organic standards or foreign contract buyer requirements, may be labeled 
in accordance with the organic labeling requirements of the receiving 
country or contract buyer: Provided, That, the shipping containers and 
shipping documents meet the labeling requirements specified in Sec.  
205.307(c).
    (c) Products produced in a foreign country and exported for sale in 
the United States must be certified pursuant to subpart E of this part 
and labeled pursuant to this subpart D.
    (d) Livestock feeds produced in accordance with the requirements of 
this part must be labeled in accordance with the requirements of Sec.  
205.306.



Sec.  205.301  Product composition.

    (a) Products sold, labeled, or represented as ``100 percent 
organic.'' A raw or processed agricultural product sold, labeled, or 
represented as ``100 percent organic'' must contain (by weight or fluid 
volume, excluding water and salt) 100 percent organically produced 
ingredients. If labeled as organically produced, such product must be 
labeled pursuant to Sec.  205.303.
    (b) Products sold, labeled, or represented as ``organic.'' A raw or 
processed agricultural product sold, labeled, or represented as 
``organic'' must contain (by weight or fluid volume, excluding water and 
salt) not less than 95 percent organically produced raw or processed 
agricultural products. Any remaining product ingredients must be 
organically produced, unless not commercially available in organic form, 
or must be nonagricultural substances or nonorganically produced 
agricultural products produced consistent with the National List in 
subpart G of this part. If labeled as organically produced, such product 
must be labeled pursuant to Sec.  205.303.
    (c) Products sold, labeled, or represented as ``made with organic 
(specified ingredients or food group(s)).'' Multiingredient agricultural 
product sold, labeled, or represented as ``made with organic (specified 
ingredients or food group(s))'' must contain (by weight or fluid volume, 
excluding water and salt) at least 70 percent organically produced 
ingredients which are produced and handled pursuant to requirements in 
subpart C of this part. No ingredients may be produced using prohibited 
practices specified in paragraphs (f)(1),

[[Page 404]]

(2), and (3) of Sec.  205.301. Nonorganic ingredients may be produced 
without regard to paragraphs (f)(4), (5), (6), and (7) of Sec.  205.301. 
If labeled as containing organically produced ingredients or food 
groups, such product must be labeled pursuant to Sec.  205.304.
    (d) Products with less than 70 percent organically produced 
ingredients. The organic ingredients in multiingredient agricultural 
product containing less than 70 percent organically produced ingredients 
(by weight or fluid volume, excluding water and salt) must be produced 
and handled pursuant to requirements in subpart C of this part. The 
nonorganic ingredients may be produced and handled without regard to the 
requirements of this part. Multiingredient agricultural product 
containing less than 70 percent organically produced ingredients may 
represent the organic nature of the product only as provided in Sec.  
205.305.
    (e) Livestock feed. (1) A raw or processed livestock feed product 
sold, labeled, or represented as ``100 percent organic'' must contain 
(by weight or fluid volume, excluding water and salt) not less than 100 
percent organically produced raw or processed agricultural product.
    (2) A raw or processed livestock feed product sold, labeled, or 
represented as ``organic'' must be produced in conformance with Sec.  
205.237.
    (f) All products labeled as ``100 percent organic'' or ``organic'' 
and all ingredients identified as ``organic'' in the ingredient 
statement of any product must not:
    (1) Be produced using excluded methods, pursuant to Sec.  201.105(e) 
of this chapter;
    (2) Be produced using sewage sludge, pursuant to Sec.  201.105(f) of 
this chapter;
    (3) Be processed using ionizing radiation, pursuant to Sec.  
201.105(g) of this chapter;
    (4) Be processed using processing aids not approved on the National 
List of Allowed and Prohibited Substances in subpart G of this part: 
Except, That, products labeled as ``100 percent organic,'' if processed, 
must be processed using organically produced processing aids;
    (5) Contain sulfites, nitrates, or nitrites added during the 
production or handling process, Except, that, wine containing added 
sulfites may be labeled ``made with organic grapes'';
    (6) Be produced using nonorganic ingredients when organic 
ingredients are available; or
    (7) Include organic and nonorganic forms of the same ingredient.



Sec.  205.302  Calculating the percentage of organically produced ingredients.

    (a) The percentage of all organically produced ingredients in an 
agricultural product sold, labeled, or represented as ``100 percent 
organic,'' ``organic,'' or ``made with organic (specified ingredients or 
food group(s)),'' or that include organic ingredients must be calculated 
by:
    (1) Dividing the total net weight (excluding water and salt) of 
combined organic ingredients at formulation by the total weight 
(excluding water and salt) of the finished product.
    (2) Dividing the fluid volume of all organic ingredients (excluding 
water and salt) by the fluid volume of the finished product (excluding 
water and salt) if the product and ingredients are liquid. If the liquid 
product is identified on the principal display panel or information 
panel as being reconstituted from concentrates, the calculation should 
be made on the basis of single-strength concentrations of the 
ingredients and finished product.
    (3) For products containing organically produced ingredients in both 
solid and liquid form, dividing the combined weight of the solid 
ingredients and the weight of the liquid ingredients (excluding water 
and salt) by the total weight (excluding water and salt) of the finished 
product.
    (b) The percentage of all organically produced ingredients in an 
agricultural product must be rounded down to the nearest whole number.
    (c) The percentage must be determined by the handler who affixes the 
label on the consumer package and verified by the certifying agent of 
the handler. The handler may use information provided by the certified 
operation in determining the percentage.

[[Page 405]]



Sec.  205.303  Packaged products labeled ``100 percent organic'' or ``organic.''

    (a) Agricultural products in packages described in Sec.  205.301(a) 
and (b) may display, on the principal display panel, information panel, 
and any other panel of the package and on any labeling or market 
information concerning the product, the following:
    (1) The term, ``100 percent organic'' or ``organic,'' as applicable, 
to modify the name of the product;
    (2) For products labeled ``organic,'' the percentage of organic 
ingredients in the product; (The size of the percentage statement must 
not exceed one-half the size of the largest type size on the panel on 
which the statement is displayed and must appear in its entirety in the 
same type size, style, and color without highlighting.)
    (3) The term, ``organic,'' to identify the organic ingredients in 
multiingredient products labeled ``100 percent organic'';
    (4) The USDA seal; and/or
    (5) The seal, logo, or other identifying mark of the certifying 
agent which certified the production or handling operation producing the 
finished product and any other certifying agent which certified 
production or handling operations producing raw organic product or 
organic ingredients used in the finished product: Provided, That, the 
handler producing the finished product maintain records, pursuant to 
this part, verifying organic certification of the operations producing 
such ingredients, and: Provided further, That, such seals or marks are 
not individually displayed more prominently than the USDA seal.
    (b) Agricultural products in packages described in Sec.  205.301(a) 
and (b) must:
    (1) For products labeled ``organic,'' identify each organic 
ingredient in the ingredient statement with the word, ``organic,'' or 
with an asterisk or other reference mark which is defined below the 
ingredient statement to indicate the ingredient is organically produced. 
Water or salt included as ingredients cannot be identified as organic.
    (2) On the information panel, below the information identifying the 
handler or distributor of the product and preceded by the statement, 
``Certified organic by * * *,'' or similar phrase, identify the name of 
the certifying agent that certified the handler of the finished product 
and may display the business address, Internet address, or telephone 
number of the certifying agent in such label.



Sec.  205.304  Packaged products labeled ``made with organic (specified 
ingredients or food group(s)).''

    (a) Agricultural products in packages described in Sec.  205.301(c) 
may display on the principal display panel, information panel, and any 
other panel and on any labeling or market information concerning the 
product:
    (1) The statement:
    (i) ``Made with organic (specified ingredients)'': Provided, That, 
the statement does not list more than three organically produced 
ingredients; or
    (ii) ``Made with organic (specified food groups)'': Provided, That, 
the statement does not list more than three of the following food 
groups: beans, fish, fruits, grains, herbs, meats, nuts, oils, poultry, 
seeds, spices, sweeteners, and vegetables or processed milk products; 
and, Provided further, That, all ingredients of each listed food group 
in the product must be organically produced; and
    (iii) Which appears in letters that do not exceed one-half the size 
of the largest type size on the panel and which appears in its entirety 
in the same type size, style, and color without highlighting.
    (2) The percentage of organic ingredients in the product. The size 
of the percentage statement must not exceed one-half the size of the 
largest type size on the panel on which the statement is displayed and 
must appear in its entirety in the same type size, style, and color 
without highlighting.
    (3) The seal, logo, or other identifying mark of the certifying 
agent that certified the handler of the finished product.
    (b) Agricultural products in packages described in Sec.  205.301(c) 
must:
    (1) In the ingredient statement, identify each organic ingredient 
with the word, ``organic,'' or with an asterisk or other reference mark 
which is defined

[[Page 406]]

below the ingredient statement to indicate the ingredient is organically 
produced. Water or salt included as ingredients cannot be identified as 
organic.
    (2) On the information panel, below the information identifying the 
handler or distributor of the product and preceded by the statement, 
``Certified organic by * * *,'' or similar phrase, identify the name of 
the certifying agent that certified the handler of the finished product: 
Except, That, the business address, Internet address, or telephone 
number of the certifying agent may be included in such label.
    (c) Agricultural products in packages described in Sec.  205.301(c) 
must not display the USDA seal.



Sec.  205.305  Multi-ingredient packaged products with less than 70 
percent organically produced ingredients.

    (a) An agricultural product with less than 70 percent organically 
produced ingredients may only identify the organic content of the 
product by:
    (1) Identifying each organically produced ingredient in the 
ingredient statement with the word, ``organic,'' or with an asterisk or 
other reference mark which is defined below the ingredient statement to 
indicate the ingredient is organically produced, and
    (2) If the organically produced ingredients are identified in the 
ingredient statement, displaying the product's percentage of organic 
contents on the information panel.
    (b) Agricultural products with less than 70 percent organically 
produced ingredients must not display:
    (1) The USDA seal; and
    (2) Any certifying agent seal, logo, or other identifying mark which 
represents organic certification of a product or product ingredients.



Sec.  205.306  Labeling of livestock feed.

    (a) Livestock feed products described in Sec.  205.301(e)(1) and 
(e)(2) may display on any package panel the following terms:
    (1) The statement, ``100 percent organic'' or ``organic,'' as 
applicable, to modify the name of the feed product;
    (2) The USDA seal;
    (3) The seal, logo, or other identifying mark of the certifying 
agent which certified the production or handling operation producing the 
raw or processed organic ingredients used in the finished product, 
Provided, That, such seals or marks are not displayed more prominently 
than the USDA seal;
    (4) The word, ``organic,'' or an asterisk or other reference mark 
which is defined on the package to identify ingredients that are 
organically produced. Water or salt included as ingredients cannot be 
identified as organic.
    (b) Livestock feed products described in Sec.  205.301(e)(1) and 
(e)(2) must:
    (1) On the information panel, below the information identifying the 
handler or distributor of the product and preceded by the statement, 
``Certified organic by * * *,'' or similar phrase, display the name of 
the certifying agent that certified the handler of the finished product. 
The business address, Internet address, or telephone number of the 
certifying agent may be included in such label.
    (2) Comply with other Federal agency or State feed labeling 
requirements as applicable.



Sec.  205.307  Labeling of nonretail containers used for only shipping 
or storage of raw or processed agricultural products labeled as ``100 
percent organic,'' ``organic,'' or ``made with organic (specified 
ingredients or food group(s)).''

    (a) Nonretail containers used only to ship or store raw or processed 
agricultural product labeled as containing organic ingredients may 
display the following terms or marks:
    (1) The name and contact information of the certifying agent which 
certified the handler which assembled the final product;
    (2) Identification of the product as organic;
    (3) Special handling instructions needed to maintain the organic 
integrity of the product;
    (4) The USDA seal;
    (5) The seal, logo, or other identifying mark of the certifying 
agent that certified the organic production or handling operation that 
produced or handled the finished product.
    (b) Nonretail containers used to ship or store raw or processed 
agricultural product labeled as containing organic

[[Page 407]]

ingredients must display the production lot number of the product if 
applicable.
    (c) Shipping containers of domestically produced product labeled as 
organic intended for export to international markets may be labeled in 
accordance with any shipping container labeling requirements of the 
foreign country of destination or the container labeling specifications 
of a foreign contract buyer: Provided, That, the shipping containers and 
shipping documents accompanying such organic products are clearly marked 
``For Export Only'' and: Provided further, That, proof of such container 
marking and export must be maintained by the handler in accordance with 
recordkeeping requirements for exempt and excluded operations under 
Sec.  205.101.



Sec.  205.308  Agricultural products in other than packaged form at 
the point of retail sale that are sold, labeled, or represented as 
``100 percent organic'' or ``organic.''

    (a) Agricultural products in other than packaged form may use the 
term, ``100 percent organic'' or ``organic,'' as applicable, to modify 
the name of the product in retail display, labeling, and display 
containers: Provided, That, the term, ``organic,'' is used to identify 
the organic ingredients listed in the ingredient statement.
    (b) If the product is prepared in a certified facility, the retail 
display, labeling, and display containers may use:
    (1) The USDA seal; and
    (2) The seal, logo, or other identifying mark of the certifying 
agent that certified the production or handling operation producing the 
finished product and any other certifying agent which certified 
operations producing raw organic product or organic ingredients used in 
the finished product: Provided, That, such seals or marks are not 
individually displayed more prominently than the USDA seal.



Sec.  205.309  Agricultural products in other than packaged form at 
the point of retail sale that are sold, labeled, or represented as 
``made with organic (specified ingredients or food group(s)).''

    (a) Agricultural products in other than packaged form containing 
between 70 and 95 percent organically produced ingredients may use the 
phrase, ``made with organic (specified ingredients or food group(s)),'' 
to modify the name of the product in retail display, labeling, and 
display containers.
    (1) Such statement must not list more than three organic ingredients 
or food groups, and
    (2) In any such display of the product's ingredient statement, the 
organic ingredients are identified as ``organic.''
    (b) If prepared in a certified facility, such agricultural products 
labeled as ``made with organic (specified ingredients or food 
group(s))'' in retail displays, display containers, and market 
information may display the certifying agent's seal, logo, or other 
identifying mark.



Sec.  205.310  Agricultural products produced on an exempt or excluded 
operation.

    (a) An agricultural product organically produced or handled on an 
exempt or excluded operation must not:
    (1) Display the USDA seal or any certifying agent's seal or other 
identifying mark which represents the exempt or excluded operation as a 
certified organic operation, or
    (2) Be represented as a certified organic product or certified 
organic ingredient to any buyer.
    (b) An agricultural product organically produced or handled on an 
exempt or excluded operation may be identified as an organic product or 
organic ingredient in a multiingredient product produced by the exempt 
or excluded operation. Such product or ingredient must not be identified 
or represented as ``organic'' in a product processed by others.
    (c) Such product is subject to requirements specified in paragraph 
(a) of Sec.  205.300, and paragraphs (f)(1) through (f)(7) of Sec.  
205.301.



Sec.  205.311  USDA Seal.

    (a) The USDA seal described in paragraphs (b) and (c) of this 
section may be used only for raw or processed agricultural products 
described in paragraphs (a), (b), (e)(1), and (e)(2) of Sec.  205.301.

[[Page 408]]

    (b) The USDA seal must replicate the form and design of the example 
in figure 1 and must be printed legibly and conspicuously:
    (1) On a white background with a brown outer circle and with the 
term, ``USDA,'' in green overlaying a white upper semicircle and with 
the term, ``organic,'' in white overlaying the green lower half circle; 
or
    (2) On a white or transparent background with black outer circle and 
black ``USDA'' on a white or transparent upper half of the circle with a 
contrasting white or transparent ``organic'' on the black lower half 
circle.
    (3) The green or black lower half circle may have four light lines 
running from left to right and disappearing at the point on the right 
horizon to resemble a cultivated field.
[GRAPHIC] [TIFF OMITTED] TR21DE00.001



Sec. Sec.  205.312-205.399  [Reserved]



                         Subpart E_Certification



Sec.  205.400  General requirements for certification.

    A person seeking to receive or maintain organic certification under 
the regulations in this part must:
    (a) Comply with the Act and applicable organic production and 
handling regulations of this part;
    (b) Establish, implement, and update annually an organic production 
or handling system plan that is submitted to an accredited certifying 
agent as provided for in Sec.  205.200;
    (c) Permit on-site inspections with complete access to the 
production or handling operation, including noncertified production and 
handling areas, structures, and offices by the certifying agent as 
provided for in Sec.  205.403;
    (d) Maintain all records applicable to the organic operation for not 
less than 5 years beyond their creation and allow authorized 
representatives of the Secretary, the applicable State organic program's 
governing State official, and the certifying agent access to such 
records during normal business hours for review and copying to determine 
compliance with the Act and the regulations in this part, as provided 
for in Sec.  205.104;
    (e) Submit the applicable fees charged by the certifying agent; and
    (f) Immediately notify the certifying agent concerning any:
    (1) Application, including drift, of a prohibited substance to any 
field, production unit, site, facility, livestock, or product that is 
part of an operation; and
    (2) Change in a certified operation or any portion of a certified 
operation that may affect its compliance with the Act and the 
regulations in this part.



Sec.  205.401  Application for certification.

    A person seeking certification of a production or handling operation 
under this subpart must submit an application for certification to a 
certifying agent. The application must include the following 
information:
    (a) An organic production or handling system plan, as required in 
Sec.  205.200;
    (b) The name of the person completing the application; the 
applicant's business name, address, and telephone number; and, when the 
applicant is a corporation, the name, address, and telephone number of 
the person authorized to act on the applicant's behalf;
    (c) The name(s) of any organic certifying agent(s) to which 
application has previously been made; the year(s) of application; the 
outcome of the application(s) submission, including, when available, a 
copy of any notification of noncompliance or denial of certification 
issued to the applicant for certification; and a description of the 
actions taken by the applicant to correct the noncompliances noted in 
the notification of noncompliance, including evidence of such 
correction; and

[[Page 409]]

    (d) Other information necessary to determine compliance with the Act 
and the regulations in this part.



Sec.  205.402  Review of application.

    (a) Upon acceptance of an application for certification, a 
certifying agent must:
    (1) Review the application to ensure completeness pursuant to Sec.  
205.401;
    (2) Determine by a review of the application materials whether the 
applicant appears to comply or may be able to comply with the applicable 
requirements of subpart C of this part;
    (3) Verify that an applicant who previously applied to another 
certifying agent and received a notification of noncompliance or denial 
of certification, pursuant to Sec.  205.405, has submitted documentation 
to support the correction of any noncompliances identified in the 
notification of noncompliance or denial of certification, as required in 
Sec.  205.405(e); and
    (4) Schedule an on-site inspection of the operation to determine 
whether the applicant qualifies for certification if the review of 
application materials reveals that the production or handling operation 
may be in compliance with the applicable requirements of subpart C of 
this part.
    (b) The certifying agent shall within a reasonable time:
    (1) Review the application materials received and communicate its 
findings to the applicant;
    (2) Provide the applicant with a copy of the on-site inspection 
report, as approved by the certifying agent, for any on-site inspection 
performed; and
    (3) Provide the applicant with a copy of the test results for any 
samples taken by an inspector.
    (c) The applicant may withdraw its application at any time. An 
applicant who withdraws its application shall be liable for the costs of 
services provided up to the time of withdrawal of its application. An 
applicant that voluntarily withdrew its application prior to the 
issuance of a notice of noncompliance will not be issued a notice of 
noncompliance. Similarly, an applicant that voluntarily withdrew its 
application prior to the issuance of a notice of certification denial 
will not be issued a notice of certification denial.



Sec.  205.403  On-site inspections.

    (a) On-site inspections. (1) A certifying agent must conduct an 
initial on-site inspection of each production unit, facility, and site 
that produces or handles organic products and that is included in an 
operation for which certification is requested. An on-site inspection 
shall be conducted annually thereafter for each certified operation that 
produces or handles organic products for the purpose of determining 
whether to approve the request for certification or whether the 
certification of the operation should continue.
    (2) (i) A certifying agent may conduct additional on-site 
inspections of applicants for certification and certified operations to 
determine compliance with the Act and the regulations in this part.
    (ii) The Administrator or State organic program's governing State 
official may require that additional inspections be performed by the 
certifying agent for the purpose of determining compliance with the Act 
and the regulations in this part.
    (iii) Additional inspections may be announced or unannounced at the 
discretion of the certifying agent or as required by the Administrator 
or State organic program's governing State official.
    (b) Scheduling. (1) The initial on-site inspection must be conducted 
within a reasonable time following a determination that the applicant 
appears to comply or may be able to comply with the requirements of 
subpart C of this part: Except, That, the initial inspection may be 
delayed for up to 6 months to comply with the requirement that the 
inspection be conducted when the land, facilities, and activities that 
demonstrate compliance or capacity to comply can be observed.
    (2) All on-site inspections must be conducted when an authorized 
representative of the operation who is knowledgeable about the operation 
is present and at a time when land, facilities, and activities that 
demonstrate the operation's compliance with or capability to comply with 
the applicable provisions of subpart C of this part can be observed, 
except that this requirement does not apply to unannounced on-site 
inspections.

[[Page 410]]

    (c) Verification of information. The on-site inspection of an 
operation must verify:
    (1) The operation's compliance or capability to comply with the Act 
and the regulations in this part;
    (2) That the information, including the organic production or 
handling system plan, provided in accordance with Sec. Sec.  205.401, 
205.406, and 205.200, accurately reflects the practices used or to be 
used by the applicant for certification or by the certified operation;
    (3) That prohibited substances have not been and are not being 
applied to the operation through means which, at the discretion of the 
certifying agent, may include the collection and testing of soil; water; 
waste; seeds; plant tissue; and plant, animal, and processed products 
samples.
    (d) Exit interview. The inspector must conduct an exit interview 
with an authorized representative of the operation who is knowledgeable 
about the inspected operation to confirm the accuracy and completeness 
of inspection observations and information gathered during the on-site 
inspection. The inspector must also address the need for any additional 
information as well as any issues of concern.
    (e) Documents to the inspected operation. (1) At the time of the 
inspection, the inspector shall provide the operation's authorized 
representative with a receipt for any samples taken by the inspector. 
There shall be no charge to the inspector for the samples taken.
    (2) A copy of the on-site inspection report and any test results 
will be sent to the inspected operation by the certifying agent.



Sec.  205.404  Granting certification.

    (a) Within a reasonable time after completion of the initial on-site 
inspection, a certifying agent must review the on-site inspection 
report, the results of any analyses for substances conducted, and any 
additional information requested from or supplied by the applicant. If 
the certifying agent determines that the organic system plan and all 
procedures and activities of the applicant's operation are in compliance 
with the requirements of this part and that the applicant is able to 
conduct operations in accordance with the plan, the agent shall grant 
certification. The certification may include requirements for the 
correction of minor noncompliances within a specified time period as a 
condition of continued certification.
    (b) The certifying agent must issue a certificate of organic 
operation which specifies the:
    (1) Name and address of the certified operation;
    (2) Effective date of certification;
    (3) Categories of organic operation, including crops, wild crops, 
livestock, or processed products produced by the certified operation; 
and
    (4) Name, address, and telephone number of the certifying agent.
    (c) Once certified, a production or handling operation's organic 
certification continues in effect until surrendered by the organic 
operation or suspended or revoked by the certifying agent, the State 
organic program's governing State official, or the Administrator.



Sec.  205.405  Denial of certification.

    (a) When the certifying agent has reason to believe, based on a 
review of the information specified in Sec.  205.402 or Sec.  205.404, 
that an applicant for certification is not able to comply or is not in 
compliance with the requirements of this part, the certifying agent must 
provide a written notification of noncompliance to the applicant. When 
correction of a noncompliance is not possible, a notification of 
noncompliance and a notification of denial of certification may be 
combined in one notification. The notification of noncompliance shall 
provide:
    (1) A description of each noncompliance;
    (2) The facts upon which the notification of noncompliance is based; 
and
    (3) The date by which the applicant must rebut or correct each 
noncompliance and submit supporting documentation of each such 
correction when correction is possible.
    (b) Upon receipt of such notification of noncompliance, the 
applicant may:
    (1) Correct noncompliances and submit a description of the 
corrective actions taken with supporting documentation to the certifying 
agent;

[[Page 411]]

    (2) Correct noncompliances and submit a new application to another 
certifying agent: Provided, That, the applicant must include a complete 
application, the notification of noncompliance received from the first 
certifying agent, and a description of the corrective actions taken with 
supporting documentation; or
    (3) Submit written information to the issuing certifying agent to 
rebut the noncompliance described in the notification of noncompliance.
    (c) After issuance of a notification of noncompliance, the 
certifying agent must:
    (1) Evaluate the applicant's corrective actions taken and supporting 
documentation submitted or the written rebuttal, conduct an on-site 
inspection if necessary, and
    (i) When the corrective action or rebuttal is sufficient for the 
applicant to qualify for certification, issue the applicant an approval 
of certification pursuant to Sec.  205.404; or
    (ii) When the corrective action or rebuttal is not sufficient for 
the applicant to qualify for certification, issue the applicant a 
written notice of denial of certification.
    (2) Issue a written notice of denial of certification to an 
applicant who fails to respond to the notification of noncompliance.
    (3) Provide notice of approval or denial to the Administrator, 
pursuant to Sec.  205.501(a)(14).
    (d) A notice of denial of certification must state the reason(s) for 
denial and the applicant's right to:
    (1) Reapply for certification pursuant to Sec. Sec.  205.401 and 
205.405(e);
    (2) Request mediation pursuant to Sec.  205.663 or, if applicable, 
pursuant to a State organic program; or
    (3) File an appeal of the denial of certification pursuant to Sec.  
205.681 or, if applicable, pursuant to a State organic program.
    (e) An applicant for certification who has received a written 
notification of noncompliance or a written notice of denial of 
certification may apply for certification again at any time with any 
certifying agent, in accordance with Sec. Sec.  205.401 and 205.405(e). 
When such applicant submits a new application to a certifying agent 
other than the agent who issued the notification of noncompliance or 
notice of denial of certification, the applicant for certification must 
include a copy of the notification of noncompliance or notice of denial 
of certification and a description of the actions taken, with supporting 
documentation, to correct the noncompliances noted in the notification 
of noncompliance.
    (f) A certifying agent who receives a new application for 
certification, which includes a notification of noncompliance or a 
notice of denial of certification, must treat the application as a new 
application and begin a new application process pursuant to Sec.  
205.402.
    (g) Notwithstanding paragraph (a) of this section, if a certifying 
agent has reason to believe that an applicant for certification has 
willfully made a false statement or otherwise purposefully 
misrepresented the applicant's operation or its compliance with the 
certification requirements pursuant to this part, the certifying agent 
may deny certification pursuant to paragraph (c)(1)(ii) of this section 
without first issuing a notification of noncompliance.



Sec.  205.406  Continuation of certification.

    (a) To continue certification, a certified operation must annually 
pay the certification fees and submit the following information, as 
applicable, to the certifying agent:
    (1) An updated organic production or handling system plan which 
includes:
    (i) A summary statement, supported by documentation, detailing any 
deviations from, changes to, modifications to, or other amendments made 
to the previous year's organic system plan during the previous year; and
    (ii) Any additions or deletions to the previous year's organic 
system plan, intended to be undertaken in the coming year, detailed 
pursuant to Sec.  205.200;
    (2) Any additions to or deletions from the information required 
pursuant to Sec.  205.401(b);
    (3) An update on the correction of minor noncompliances previously 
identified by the certifying agent as requiring correction for continued 
certification; and

[[Page 412]]

    (4) Other information as deemed necessary by the certifying agent to 
determine compliance with the Act and the regulations in this part.
    (b) Following the receipt of the information specified in paragraph 
(a) of this section, the certifying agent shall within a reasonable time 
arrange and conduct an on-site inspection of the certified operation 
pursuant to Sec.  205.403: Except, That, when it is impossible for the 
certifying agent to conduct the annual on-site inspection following 
receipt of the certified operation's annual update of information, the 
certifying agent may allow continuation of certification and issue an 
updated certificate of organic operation on the basis of the information 
submitted and the most recent on-site inspection conducted during the 
previous 12 months: Provided, That, the annual on-site inspection, 
required pursuant to Sec.  205.403, is conducted within the first 6 
months following the certified operation's scheduled date of annual 
update.
    (c) If the certifying agent has reason to believe, based on the on-
site inspection and a review of the information specified in Sec.  
205.404, that a certified operation is not complying with the 
requirements of the Act and the regulations in this part, the certifying 
agent shall provide a written notification of noncompliance to the 
operation in accordance with Sec.  205.662.
    (d) If the certifying agent determines that the certified operation 
is complying with the Act and the regulations in this part and that any 
of the information specified on the certificate of organic operation has 
changed, the certifying agent must issue an updated certificate of 
organic operation pursuant to Sec.  205.404(b).



Sec. Sec.  205.407-205.499  [Reserved]



              Subpart F_Accreditation of Certifying Agents



Sec.  205.500  Areas and duration of accreditation.

    (a) The Administrator shall accredit a qualified domestic or foreign 
applicant in the areas of crops, livestock, wild crops, or handling or 
any combination thereof to certify a domestic or foreign production or 
handling operation as a certified operation.
    (b) Accreditation shall be for a period of 5 years from the date of 
approval of accreditation pursuant to Sec.  205.506.
    (c) In lieu of accreditation under paragraph (a) of this section, 
USDA will accept a foreign certifying agent's accreditation to certify 
organic production or handling operations if:
    (1) USDA determines, upon the request of a foreign government, that 
the standards under which the foreign government authority accredited 
the foreign certifying agent meet the requirements of this part; or
    (2) The foreign government authority that accredited the foreign 
certifying agent acted under an equivalency agreement negotiated between 
the United States and the foreign government.



Sec.  205.501  General requirements for accreditation.

    (a) A private or governmental entity accredited as a certifying 
agent under this subpart must:
    (1) Have sufficient expertise in organic production or handling 
techniques to fully comply with and implement the terms and conditions 
of the organic certification program established under the Act and the 
regulations in this part;
    (2) Demonstrate the ability to fully comply with the requirements 
for accreditation set forth in this subpart;
    (3) Carry out the provisions of the Act and the regulations in this 
part, including the provisions of Sec. Sec.  205.402 through 205.406 and 
Sec.  205.670;
    (4) Use a sufficient number of adequately trained personnel, 
including inspectors and certification review personnel, to comply with 
and implement the organic certification program established under the 
Act and the regulations in subpart E of this part;
    (5) Ensure that its responsibly connected persons, employees, and 
contractors with inspection, analysis, and decision-making 
responsibilities have sufficient expertise in organic production or 
handling techniques to successfully perform the duties assigned.
    (6) Conduct an annual performance evaluation of all persons who 
review applications for certification, perform

[[Page 413]]

on-site inspections, review certification documents, evaluate 
qualifications for certification, make recommendations concerning 
certification, or make certification decisions and implement measures to 
correct any deficiencies in certification services;
    (7) Have an annual program review of its certification activities 
conducted by the certifying agent's staff, an outside auditor, or a 
consultant who has expertise to conduct such reviews and implement 
measures to correct any noncompliances with the Act and the regulations 
in this part that are identified in the evaluation;
    (8) Provide sufficient information to persons seeking certification 
to enable them to comply with the applicable requirements of the Act and 
the regulations in this part;
    (9) Maintain all records pursuant to Sec.  205.510(b) and make all 
such records available for inspection and copying during normal business 
hours by authorized representatives of the Secretary and the applicable 
State organic program's governing State official;
    (10) Maintain strict confidentiality with respect to its clients 
under the applicable organic certification program and not disclose to 
third parties (with the exception of the Secretary or the applicable 
State organic program's governing State official or their authorized 
representatives) any business-related information concerning any client 
obtained while implementing the regulations in this part, except as 
provided for in Sec.  205.504(b)(5);
    (11) Prevent conflicts of interest by:
    (i) Not certifying a production or handling operation if the 
certifying agent or a responsibly connected party of such certifying 
agent has or has held a commercial interest in the production or 
handling operation, including an immediate family interest or the 
provision of consulting services, within the 12-month period prior to 
the application for certification;
    (ii) Excluding any person, including contractors, with conflicts of 
interest from work, discussions, and decisions in all stages of the 
certification process and the monitoring of certified production or 
handling operations for all entities in which such person has or has 
held a commercial interest, including an immediate family interest or 
the provision of consulting services, within the 12-month period prior 
to the application for certification;
    (iii) Not permitting any employee, inspector, contractor, or other 
personnel to accept payment, gifts, or favors of any kind, other than 
prescribed fees, from any business inspected: Except, That, a certifying 
agent that is a not-for-profit organization with an Internal Revenue 
Code tax exemption or, in the case of a foreign certifying agent, a 
comparable recognition of not-for-profit status from its government, may 
accept voluntary labor from certified operations;
    (iv) Not giving advice or providing consultancy services, to 
certification applicants or certified operations, for overcoming 
identified barriers to certification;
    (v) Requiring all persons who review applications for certification, 
perform on-site inspections, review certification documents, evaluate 
qualifications for certification, make recommendations concerning 
certification, or make certification decisions and all parties 
responsibly connected to the certifying agent to complete an annual 
conflict of interest disclosure report; and
    (vi) Ensuring that the decision to certify an operation is made by a 
person different from those who conducted the review of documents and 
on-site inspection.
    (12)(i) Reconsider a certified operation's application for 
certification and, if necessary, perform a new on-site inspection when 
it is determined, within 12 months of certifying the operation, that any 
person participating in the certification process and covered under 
Sec.  205.501(a)(11)(ii) has or had a conflict of interest involving the 
applicant. All costs associated with a reconsideration of application, 
including onsite inspection costs, shall be borne by the certifying 
agent.
    (ii) Refer a certified operation to a different accredited 
certifying agent for recertification and reimburse the operation for the 
cost of the recertification when it is determined that any person 
covered under Sec.  205.501(a)(11)(i)

[[Page 414]]

at the time of certification of the applicant had a conflict of interest 
involving the applicant.
    (13) Accept the certification decisions made by another certifying 
agent accredited or accepted by USDA pursuant to Sec.  205.500;
    (14) Refrain from making false or misleading claims about its 
accreditation status, the USDA accreditation program for certifying 
agents, or the nature or qualities of products labeled as organically 
produced;
    (15) Submit to the Administrator a copy of:
    (i) Any notice of denial of certification issued pursuant to Sec.  
205.405, notification of noncompliance, notification of noncompliance 
correction, notification of proposed suspension or revocation, and 
notification of suspension or revocation sent pursuant to Sec.  205.662 
simultaneously with its issuance; and
    (ii) A list, on January 2 of each year, including the name, address, 
and telephone number of each operation granted certification during the 
preceding year;
    (16) Charge applicants for certification and certified production 
and handling operations only those fees and charges for certification 
activities that it has filed with the Administrator;
    (17) Pay and submit fees to AMS in accordance with Sec.  205.640;
    (18) Provide the inspector, prior to each on-site inspection, with 
previous on-site inspection reports and notify the inspector of its 
decision regarding certification of the production or handling operation 
site inspected by the inspector and of any requirements for the 
correction of minor noncompliances;
    (19) Accept all production or handling applications that fall within 
its area(s) of accreditation and certify all qualified applicants, to 
the extent of its administrative capacity to do so without regard to 
size or membership in any association or group; and
    (20) Demonstrate its ability to comply with a State's organic 
program to certify organic production or handling operations within the 
State.
    (21) Comply with, implement, and carry out any other terms and 
conditions determined by the Administrator to be necessary.
    (b) A private or governmental entity accredited as a certifying 
agent under this subpart may establish a seal, logo, or other 
identifying mark to be used by production and handling operations 
certified by the certifying agent to indicate affiliation with the 
certifying agent: Provided, That, the certifying agent:
    (1) Does not require use of its seal, logo, or other identifying 
mark on any product sold, labeled, or represented as organically 
produced as a condition of certification and
    (2) Does not require compliance with any production or handling 
practices other than those provided for in the Act and the regulations 
in this part as a condition of use of its identifying mark: Provided, 
That, certifying agents certifying production or handling operations 
within a State with more restrictive requirements, approved by the 
Secretary, shall require compliance with such requirements as a 
condition of use of their identifying mark by such operations.
    (c) A private entity accredited as a certifying agent must:
    (1) Hold the Secretary harmless for any failure on the part of the 
certifying agent to carry out the provisions of the Act and the 
regulations in this part;
    (2) Furnish reasonable security, in an amount and according to such 
terms as the Administrator may by regulation prescribe, for the purpose 
of protecting the rights of production and handling operations certified 
by such certifying agent under the Act and the regulations in this part; 
and
    (3) Transfer to the Administrator and make available to any 
applicable State organic program's governing State official all records 
or copies of records concerning the person's certification activities in 
the event that the certifying agent dissolves or loses its 
accreditation; Provided, That, such transfer shall not apply to a 
merger, sale, or other transfer of ownership of a certifying agent.
    (d) No private or governmental entity accredited as a certifying 
agent under this subpart shall exclude from participation in or deny the 
benefits of the National Organic Program to any person due to 
discrimination because of

[[Page 415]]

race, color, national origin, gender, religion, age, disability, 
political beliefs, sexual orientation, or marital or family status.



Sec.  205.502  Applying for accreditation.

    (a) A private or governmental entity seeking accreditation as a 
certifying agent under this subpart must submit an application for 
accreditation which contains the applicable information and documents 
set forth in Sec. Sec.  205.503 through 205.505 and the fees required in 
Sec.  205.640 to: Program Manager, USDA-AMS-TMP-NOP, Room 2945--South 
Building, P.O. Box 96456, Washington, DC 20090-6456.
    (b) Following the receipt of the information and documents, the 
Administrator will determine, pursuant to Sec.  205.506, whether the 
applicant for accreditation should be accredited as a certifying agent.



Sec.  205.503  Applicant information.

    A private or governmental entity seeking accreditation as a 
certifying agent must submit the following information:
    (a) The business name, primary office location, mailing address, 
name of the person(s) responsible for the certifying agent's day-to-day 
operations, contact numbers (telephone, facsimile, and Internet address) 
of the applicant, and, for an applicant who is a private person, the 
entity's taxpayer identification number;
    (b) The name, office location, mailing address, and contact numbers 
(telephone, facsimile, and Internet address) for each of its 
organizational units, such as chapters or subsidiary offices, and the 
name of a contact person for each unit;
    (c) Each area of operation (crops, wild crops, livestock, or 
handling) for which accreditation is requested and the estimated number 
of each type of operation anticipated to be certified annually by the 
applicant along with a copy of the applicant's schedule of fees for all 
services to be provided under these regulations by the applicant;
    (d) The type of entity the applicant is (e.g., government 
agricultural office, for-profit business, not-for-profit membership 
association) and for:
    (1) A governmental entity, a copy of the official's authority to 
conduct certification activities under the Act and the regulations in 
this part,
    (2) A private entity, documentation showing the entity's status and 
organizational purpose, such as articles of incorporation and by-laws or 
ownership or membership provisions, and its date of establishment; and
    (e) A list of each State or foreign country in which the applicant 
currently certifies production and handling operations and a list of 
each State or foreign country in which the applicant intends to certify 
production or handling operations.



Sec.  205.504  Evidence of expertise and ability.

    A private or governmental entity seeking accreditation as a 
certifying agent must submit the following documents and information to 
demonstrate its expertise in organic production or handling techniques; 
its ability to fully comply with and implement the organic certification 
program established in Sec. Sec.  205.100 and 205.101, Sec. Sec.  
205.201 through 205.203, Sec. Sec.  205.300 through 205.303, Sec. Sec.  
205.400 through 205.406, and Sec. Sec.  205.661 and 205.662; and its 
ability to comply with the requirements for accreditation set forth in 
Sec.  205.501:
    (a) Personnel. (1) A copy of the applicant's policies and procedures 
for training, evaluating, and supervising personnel;
    (2) The name and position description of all personnel to be used in 
the certification operation, including administrative staff, 
certification inspectors, members of any certification review and 
evaluation committees, contractors, and all parties responsibly 
connected to the certifying agent;
    (3) A description of the qualifications, including experience, 
training, and education in agriculture, organic production, and organic 
handling, for:
    (i) Each inspector to be used by the applicant and
    (ii) Each person to be designated by the applicant to review or 
evaluate applications for certification; and
    (4) A description of any training that the applicant has provided or 
intends to provide to personnel to ensure that they comply with and 
implement the

[[Page 416]]

requirements of the Act and the regulations in this part.
    (b) Administrative policies and procedures. (1) A copy of the 
procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certification certificates;
    (2) A copy of the procedures to be used for reviewing and 
investigating certified operation compliance with the Act and the 
regulations in this part and the reporting of violations of the Act and 
the regulations in this part to the Administrator;
    (3) A copy of the procedures to be used for complying with the 
recordkeeping requirements set forth in Sec.  205.501(a)(9);
    (4) A copy of the procedures to be used for maintaining the 
confidentiality of any business-related information as set forth in 
Sec.  205.501(a)(10);
    (5) A copy of the procedures to be used, including any fees to be 
assessed, for making the following information available to any member 
of the public upon request:
    (i) Certification certificates issued during the current and 3 
preceding calender years;
    (ii) A list of producers and handlers whose operations it has 
certified, including for each the name of the operation, type(s) of 
operation, products produced, and the effective date of the 
certification, during the current and 3 preceding calender years;
    (iii) The results of laboratory analyses for residues of pesticides 
and other prohibited substances conducted during the current and 3 
preceding calender years; and
    (iv) Other business information as permitted in writing by the 
producer or handler; and
    (6) A copy of the procedures to be used for sampling and residue 
testing pursuant to Sec.  205.670.
    (c) Conflicts of interest. (1) A copy of procedures intended to be 
implemented to prevent the occurrence of conflicts of interest, as 
described in Sec.  205.501(a)(11).
    (2) For all persons who review applications for certification, 
perform on-site inspections, review certification documents, evaluate 
qualifications for certification, make recommendations concerning 
certification, or make certification decisions and all parties 
responsibly connected to the certifying agent, a conflict of interest 
disclosure report, identifying any food- or agriculture-related business 
interests, including business interests of immediate family members, 
that cause a conflict of interest.
    (d) Current certification activities. An applicant who currently 
certifies production or handling operations must submit: (1) A list of 
all production and handling operations currently certified by the 
applicant;
    (2) Copies of at least 3 different inspection reports and 
certification evaluation documents for production or handling operations 
certified by the applicant during the previous year for each area of 
operation for which accreditation is requested; and
    (3) The results of any accreditation process of the applicant's 
operation by an accrediting body during the previous year for the 
purpose of evaluating its certification activities.
    (e) Other information. Any other information the applicant believes 
may assist in the Administrator's evaluation of the applicant's 
expertise and ability.



Sec.  205.505  Statement of agreement.

    (a) A private or governmental entity seeking accreditation under 
this subpart must sign and return a statement of agreement prepared by 
the Administrator which affirms that, if granted accreditation as a 
certifying agent under this subpart, the applicant will carry out the 
provisions of the Act and the regulations in this part, including:
    (1) Accept the certification decisions made by another certifying 
agent accredited or accepted by USDA pursuant to Sec.  205.500;
    (2) Refrain from making false or misleading claims about its 
accreditation status, the USDA accreditation program for certifying 
agents, or the nature or qualities of products labeled as organically 
produced;
    (3) Conduct an annual performance evaluation of all persons who 
review applications for certification, perform on-site inspections, 
review certification documents, evaluate qualifications for 
certification, make recommendations concerning certification, or make 
certification decisions

[[Page 417]]

and implement measures to correct any deficiencies in certification 
services;
    (4) Have an annual internal program review conducted of its 
certification activities by certifying agent staff, an outside auditor, 
or a consultant who has the expertise to conduct such reviews and 
implement measures to correct any noncompliances with the Act and the 
regulations in this part;
    (5) Pay and submit fees to AMS in accordance with Sec.  205.640; and
    (6) Comply with, implement, and carry out any other terms and 
conditions determined by the Administrator to be necessary.
    (b) A private entity seeking accreditation as a certifying agent 
under this subpart must additionally agree to:
    (1) Hold the Secretary harmless for any failure on the part of the 
certifying agent to carry out the provisions of the Act and the 
regulations in this part;
    (2) Furnish reasonable security, in an amount and according to such 
terms as the Administrator may by regulation prescribe, for the purpose 
of protecting the rights of production and handling operations certified 
by such certifying agent under the Act and the regulations in this part; 
and
    (3) Transfer to the Administrator and make available to the 
applicable State organic program's governing State official all records 
or copies of records concerning the certifying agent's certification 
activities in the event that the certifying agent dissolves or loses its 
accreditation; Provided, That such transfer shall not apply to a merger, 
sale, or other transfer of ownership of a certifying agent.



Sec.  205.506  Granting accreditation.

    (a) Accreditation will be granted when:
    (1) The accreditation applicant has submitted the information 
required by Sec. Sec.  205.503 through 205.505;
    (2) The accreditation applicant pays the required fee in accordance 
with Sec.  205.640(c); and
    (3) The Administrator determines that the applicant for 
accreditation meets the requirements for accreditation as stated in 
Sec.  205.501, as determined by a review of the information submitted in 
accordance with Sec. Sec.  205.503 through 205.505 and, if necessary, a 
review of the information obtained from a site evaluation as provided 
for in Sec.  205.508.
    (b) On making a determination to approve an application for 
accreditation, the Administrator will notify the applicant of the 
granting of accreditation in writing, stating:
    (1) The area(s) for which accreditation is given;
    (2) The effective date of the accreditation;
    (3) Any terms and conditions for the correction of minor 
noncompliances; and
    (4) For a certifying agent who is a private entity, the amount and 
type of security that must be established to protect the rights of 
production and handling operations certified by such certifying agent.
    (c) The accreditation of a certifying agent shall continue in effect 
until such time as the certifying agent fails to renew accreditation as 
provided in Sec.  205.510(c), the certifying agent voluntarily ceases 
its certification activities, or accreditation is suspended or revoked 
pursuant to Sec.  205.665.



Sec.  205.507  Denial of accreditation.

    (a) If the Program Manager has reason to believe, based on a review 
of the information specified in Sec. Sec.  205.503 through 205.505 or 
after a site evaluation as specified in Sec.  205.508, that an applicant 
for accreditation is not able to comply or is not in compliance with the 
requirements of the Act and the regulations in this part, the Program 
Manager shall provide a written notification of noncompliance to the 
applicant. Such notification shall provide:
    (1) A description of each noncompliance;
    (2) The facts upon which the notification of noncompliance is based; 
and
    (3) The date by which the applicant must rebut or correct each 
noncompliance and submit supporting documentation of each such 
correction when correction is possible.
    (b) When each noncompliance has been resolved, the Program Manager 
will send the applicant a written notification of noncompliance 
resolution and

[[Page 418]]

proceed with further processing of the application.
    (c) If an applicant fails to correct the noncompliances, fails to 
report the corrections by the date specified in the notification of 
noncompliance, fails to file a rebuttal of the notification of 
noncompliance by the date specified, or is unsuccessful in its rebuttal, 
the Program Manager will provide the applicant with written notification 
of accreditation denial. An applicant who has received written 
notification of accreditation denial may apply for accreditation again 
at any time in accordance with Sec.  205.502, or appeal the denial of 
accreditation in accordance with Sec.  205.681 by the date specified in 
the notification of accreditation denial.
    (d) If the certifying agent was accredited prior to the site 
evaluation and the certifying agent fails to correct the noncompliances, 
fails to report the corrections by the date specified in the 
notification of noncompliance, or fails to file a rebuttal of the 
notification of noncompliance by the date specified, the Administrator 
will begin proceedings to suspend or revoke the certifying agent's 
accreditation. A certifying agent who has had its accreditation 
suspended may at any time, unless otherwise stated in the notification 
of suspension, submit a request to the Secretary for reinstatement of 
its accreditation. The request must be accompanied by evidence 
demonstrating correction of each noncompliance and corrective actions 
taken to comply with and remain in compliance with the Act and the 
regulations in this part. A certifying agent whose accreditation is 
revoked will be ineligible for accreditation for a period of not less 
than 3 years following the date of such determination.



Sec.  205.508  Site evaluations.

    (a) Site evaluations of accredited certifying agents shall be 
conducted for the purpose of examining the certifying agent's operations 
and evaluating its compliance with the Act and the regulations of this 
part. Site evaluations shall include an on-site review of the certifying 
agent's certification procedures, decisions, facilities, administrative 
and management systems, and production or handling operations certified 
by the certifying agent. Site evaluations shall be conducted by a 
representative(s) of the Administrator.
    (b) An initial site evaluation of an accreditation applicant shall 
be conducted before or within a reasonable period of time after issuance 
of the applicant's ``notification of accreditation.'' A site evaluation 
shall be conducted after application for renewal of accreditation but 
prior to the issuance of a notice of renewal of accreditation. One or 
more site evaluations will be conducted during the period of 
accreditation to determine whether an accredited certifying agent is 
complying with the general requirements set forth in Sec.  205.501.



Sec.  205.509  Peer review panel.

    The Administrator shall establish a peer review panel pursuant to 
the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2 et seq.). The 
peer review panel shall be composed of not less than 3 members who shall 
annually evaluate the National Organic Program's adherence to the 
accreditation procedures in this subpart F and ISO/IEC Guide 61, General 
requirements for assessment and accreditation of certification/
registration bodies, and the National Organic Program's accreditation 
decisions. This shall be accomplished through the review of 
accreditation procedures, document review and site evaluation reports, 
and accreditation decision documents or documentation. The peer review 
panel shall report its finding, in writing, to the National Organic 
Program's Program Manager.



Sec.  205.510  Annual report, recordkeeping, and renewal of accreditation.

    (a) Annual report and fees. An accredited certifying agent must 
submit annually to the Administrator, on or before the anniversary date 
of the issuance of the notification of accreditation, the following 
reports and fees:
    (1) A complete and accurate update of information submitted pursuant 
to Sec. Sec.  205.503 and 205.504;
    (2) Information supporting any changes being requested in the areas 
of accreditation described in Sec.  205.500;

[[Page 419]]

    (3) A description of the measures implemented in the previous year 
and any measures to be implemented in the coming year to satisfy any 
terms and conditions determined by the Administrator to be necessary, as 
specified in the most recent notification of accreditation or notice of 
renewal of accreditation;
    (4) The results of the most recent performance evaluations and 
annual program review and a description of adjustments to the certifying 
agent's operation and procedures implemented or to be implemented in 
response to the performance evaluations and program review; and
    (5) The fees required in Sec.  205.640(a).
    (b) Recordkeeping. Certifying agents must maintain records according 
to the following schedule:
    (1) Records obtained from applicants for certification and certified 
operations must be maintained for not less than 5 years beyond their 
receipt;
    (2) Records created by the certifying agent regarding applicants for 
certification and certified operations must be maintained for not less 
than 10 years beyond their creation; and
    (3) Records created or received by the certifying agent pursuant to 
the accreditation requirements of this subpart F, excluding any records 
covered by Sec. Sec.  205.510(b)(2), must be maintained for not less 
than 5 years beyond their creation or receipt.
    (c) Renewal of accreditation. (1) The Administrator shall send the 
accredited certifying agent a notice of pending expiration of 
accreditation approximately 1 year prior to the scheduled date of 
expiration.
    (2) An accredited certifying agent's application for accreditation 
renewal must be received at least 6 months prior to the fifth 
anniversary of issuance of the notification of accreditation and each 
subsequent renewal of accreditation. The accreditation of certifying 
agents who make timely application for renewal of accreditation will not 
expire during the renewal process. The accreditation of certifying 
agents who fail to make timely application for renewal of accreditation 
will expire as scheduled unless renewed prior to the scheduled 
expiration date. Certifying agents with an expired accreditation must 
not perform certification activities under the Act and the regulations 
of this part.
    (3) Following receipt of the information submitted by the certifying 
agent in accordance with paragraph (a) of this section and the results 
of a site evaluation, the Administrator will determine whether the 
certifying agent remains in compliance with the Act and the regulations 
of this part and should have its accreditation renewed.
    (d) Notice of renewal of accreditation. Upon a determination that 
the certifying agent is in compliance with the Act and the regulations 
of this part, the Administrator will issue a notice of renewal of 
accreditation. The notice of renewal will specify any terms and 
conditions that must be addressed by the certifying agent and the time 
within which those terms and conditions must be satisfied.
    (e) Noncompliance. Upon a determination that the certifying agent is 
not in compliance with the Act and the regulations of this part, the 
Administrator will initiate proceedings to suspend or revoke the 
certifying agent's accreditation.
    (f) Amending accreditation. Amendment to scope of an accreditation 
may be requested at any time. The application for amendment shall be 
sent to the Administrator and shall contain information applicable to 
the requested change in accreditation, a complete and accurate update of 
the information submitted pursuant to Sec. Sec.  205.503 and 205.504, 
and the applicable fees required in Sec.  205.640.



Sec. Sec.  205.511-205.599  [Reserved]



                        Subpart G_Administrative

         The National List of Allowed and Prohibited Substances



Sec.  205.600  Evaluation criteria for allowed and prohibited 
substances, methods, and ingredients.

    The following criteria will be utilized in the evaluation of 
substances or ingredients for the organic production and handling 
sections of the National List:
    (a) Synthetic and nonsynthetic substances considered for inclusion 
on or

[[Page 420]]

deletion from the National List of allowed and prohibited substances 
will be evaluated using the criteria specified in the Act (7 U.S.C. 6517 
and 6518).
    (b) In addition to the criteria set forth in the Act, any synthetic 
substance used as a processing aid or adjuvant will be evaluated against 
the following criteria:
    (1) The substance cannot be produced from a natural source and there 
are no organic substitutes;
    (2) The substance's manufacture, use, and disposal do not have 
adverse effects on the environment and are done in a manner compatible 
with organic handling;
    (3) The nutritional quality of the food is maintained when the 
substance is used, and the substance, itself, or its breakdown products 
do not have an adverse effect on human health as defined by applicable 
Federal regulations;
    (4) The substance's primary use is not as a preservative or to 
recreate or improve flavors, colors, textures, or nutritive value lost 
during processing, except where the replacement of nutrients is required 
by law;
    (5) The substance is listed as generally recognized as safe (GRAS) 
by Food and Drug Administration (FDA) when used in accordance with FDA's 
good manufacturing practices (GMP) and contains no residues of heavy 
metals or other contaminants in excess of tolerances set by FDA; and
    (6) The substance is essential for the handling of organically 
produced agricultural products.
    (c) Nonsynthetics used in organic processing will be evaluated using 
the criteria specified in the Act (7 U.S.C. 6517 and 6518).



Sec.  205.601  Synthetic substances allowed for use in organic crop production.

    In accordance with restrictions specified in this section, the 
following synthetic substances may be used in organic crop production: 
Provided, That, use of such substances do not contribute to 
contamination of crops, soil, or water. Substances allowed by this 
section, except disinfectants and sanitizers in paragraph (a) and those 
substances in paragraphs (c), (j), (k), and (l) of this section, may 
only be used when the provisions set forth in Sec.  205.206(a) through 
(d) prove insufficient to prevent or control the target pest.
    (a) As algicide, disinfectants, and sanitizer, including irrigation 
system cleaning systems.
    (1) Alcohols.
    (i) Ethanol.
    (ii) Isopropanol.
    (2) Chlorine materials--Except, That, residual chlorine levels in 
the water shall not exceed the maximum residual disinfectant limit under 
the Safe Drinking Water Act.
    (i) Calcium hypochlorite.
    (ii) Chlorine dioxide.
    (iii) Sodium hypochlorite.
    (3) Copper sulfate--for use as an algicide in aquatic rice systems, 
is limited to one application per field during any 24-month period. 
Application rates are limited to those which do not increase baseline 
soil test values for copper over a timeframe agreed upon by the producer 
and accredited certifying agent.
    (4) Hydrogen peroxide.
    (5) Ozone gas--for use as an irrigation system cleaner only.
    (6) Peracetic acid--for use in disinfecting equipment, seed, and 
asexually propagated planting material.
    (7) Soap-based algicide/demossers.
    (b) As herbicides, weed barriers, as applicable.
    (1) Herbicides, soap-based--for use in farmstead maintenance 
(roadways, ditches, right of ways, building perimeters) and ornamental 
crops.
    (2) Mulches.
    (i) Newspaper or other recycled paper, without glossy or colored 
inks.
    (ii) Plastic mulch and covers (petroleum-based other than polyvinyl 
chloride (PVC)).
    (c) As compost feedstocks--Newspapers or other recycled paper, 
without glossy or colored inks.
    (d) As animal repellents--Soaps, ammonium--for use as a large animal 
repellant only, no contact with soil or edible portion of crop.
    (e) As insecticides (including acaricides or mite control).
    (1) Ammonium carbonate--for use as bait in insect traps only, no 
direct contact with crop or soil.

[[Page 421]]

    (2) Boric acid--structural pest control, no direct contact with 
organic food or crops.
    (3) Copper sulfate--for use as tadpole shrimp control in aquatic 
rice production, is limited to one application per field during any 24-
month period. Application rates are limited to levels which do not 
increase baseline soil test values for copper over a timeframe agreed 
upon by the producer and accredited certifying agent.
    (4) Elemental sulfur.
    (5) Lime sulfur--including calcium polysulfide.
    (6) Oils, horticultural--narrow range oils as dormant, suffocating, 
and summer oils.
    (7) Soaps, insecticidal.
    (8) Sticky traps/barriers.
    (f) As insect management. Pheromones.
    (g) As rodenticides.
    (1) Sulfur dioxide--underground rodent control only (smoke bombs).
    (2) Vitamin D3.
    (h) As slug or snail bait--None.
    (i) As plant disease control.
    (1) Coppers, fixed--copper hydroxide, copper oxide, copper 
oxychloride, includes products exempted from EPA tolerance, Provided, 
That, copper-based materials must be used in a manner that minimizes 
accumulation in the soil and shall not be used as herbicides.
    (2) Copper sulfate--Substance must be used in a manner that 
minimizes accumulation of copper in the soil.
    (3) Hydrated lime.
    (4) Hydrogen peroxide.
    (5) Lime sulfur.
    (6) Oils, horticultural, narrow range oils as dormant, suffocating, 
and summer oils.
    (7) Peracetic acid--for use to control fire blight bacteria.
    (8) Potassium bicarbonate.
    (9) Elemental sulfur.
    (10) Streptomycin, for fire blight control in apples and pears only.
    (11) Tetracycline (oxytetracycline calcium complex), for fire blight 
control only.
    (j) As plant or soil amendments.
    (1) Aquatic plant extracts (other than hydrolyzed)--Extraction 
process is limited to the use of potassium hydroxide or sodium 
hydroxide; solvent amount used is limited to that amount necessary for 
extraction.
    (2) Elemental sulfur.
    (3) Humic acids--naturally occurring deposits, water and alkali 
extracts only.
    (4) Lignin sulfonate--chelating agent, dust suppressant, floatation 
agent.
    (5) Magnesium sulfate--allowed with a documented soil deficiency.
    (6) Micronutrients--not to be used as a defoliant, herbicide, or 
desiccant. Those made from nitrates or chlorides are not allowed. Soil 
deficiency must be documented by testing.
    (i) Soluble boron products.
    (ii) Sulfates, carbonates, oxides, or silicates of zinc, copper, 
iron, manganese, molybdenum, selenium, and cobalt.
    (7) Liquid fish products--can be pH adjusted with sulfuric, citric 
or phosphoric acid. The amount of acid used shall not exceed the minimum 
needed to lower the pH to 3.5.
    (8) Vitamins, B1, C, and E.
    (k) As plant growth regulators. Ethylene gas--for regulation of 
pineapple flowering.
    (l) As floating agents in postharvest handling.
    (1) Lignin sulfonate.
    (2) Sodium silicate--for tree fruit and fiber processing.
    (m) As synthetic inert ingredients as classified by the 
Environmental Protection Agency (EPA), for use with nonsynthetic 
substances or synthetic substances listed in this section and used as an 
active pesticide ingredient in accordance with any limitations on the 
use of such substances.
    (1) EPA List 4--Inerts of Minimal Concern.
    (2) EPA List 3--Inerts of unknown toxicity--for use only in passive 
pheromone dispensers.
    (n)-(z) [Reserved]

[65 FR 80637, Dec. 21, 2001, as amended at 68 FR 61992, Oct. 31, 2003]



Sec.  205.602  Nonsynthetic substances prohibited for use in organic 
crop production.

    The following nonsynthetic substances may not be used in organic 
crop production:
    (a) Ash from manure burning.
    (b) Arsenic.

[[Page 422]]

    (c) Calcium chloride, brine process is natural and prohibited for 
use except as a foliar spray to treat a physiological disorder 
associated with calcium uptake.
    (d) Lead salts.
    (e) Potassium chloride--unless derived from a mined source and 
applied in a manner that minimizes chloride accumulation in the soil.
    (f) Sodium fluoaluminate (mined).
    (g) Sodium nitrate--unless use is restricted to no more than 20% of 
the crop's total nitrogen requirement; use in spirulina production is 
unrestricted until October 21, 2005.
    (h) Strychnine.
    (i) Tobacco dust (nicotine sulfate).
    (j)-(z) [Reserved]

[68 FR 61992, Oct. 31, 2003]



Sec.  205.603  Synthetic substances allowed for use in organic 
livestock production.

    In accordance with restrictions specified in this section the 
following synthetic substances may be used in organic livestock 
production:
    (a) As disinfectants, sanitizer, and medical treatments as 
applicable.
    (1) Alcohols.
    (i) Ethanol--disinfectant and sanitizer only, prohibited as a feed 
additive.
    (ii) Isopropanol--disinfectant only.
    (2) Aspirin--approved for health care use to reduce inflammation.
    (3) Biologics--Vaccines.
    (4) Chlorhexidine--Allowed for surgical procedures conducted by a 
veterinarian. Allowed for use as a teat dip when alternative germicidal 
agents and/or physical barriers have lost their effectiveness.
    (5) Chlorine materials--disinfecting and sanitizing facilities and 
equipment. Residual chlorine levels in the water shall not exceed the 
maximum residual disinfectant limit under the Safe Drinking Water Act.
    (i) Calcium hypochlorite.
    (ii) Chlorine dioxide.
    (iii) Sodium hypochlorite.
    (6) Electrolytes--without antibiotics.
    (7) Glucose.
    (8) Glycerine--Allowed as a livestock teat dip, must be produced 
through the hydrolysis of fats or oils.
    (9) Hydrogen peroxide.
    (10) Iodine.
    (11) Magnesium sulfate.
    (12) Oxytocin--use in postparturition therapeutic applications.
    (13) Parasiticides. Ivermectin--prohibited in slaughter stock, 
allowed in emergency treatment for dairy and breeder stock when organic 
system plan-approved preventive management does not prevent infestation. 
Milk or milk products from a treated animal cannot be labeled as 
provided for in subpart D of this part for 90 days following treatment. 
In breeder stock, treatment cannot occur during the last third of 
gestation if the progeny will be sold as organic and must not be used 
during the lactation period of breeding stock.
    (14) Phosphoric acid--allowed as an equipment cleaner, Provided, 
That, no direct contact with organically managed livestock or land 
occurs.
    (b) As topical treatment, external parasiticide or local anesthetic 
as applicable.
    (1) Copper sulfate.
    (2) Iodine.
    (3) Lidocaine--as a local anesthetic. Use requires a withdrawal 
period of 90 days after administering to livestock intended for 
slaughter and 7 days after administering to dairy animals.
    (4) Lime, hydrated--as external pest control, not permitted to 
cauterize physical alterations or deodorize animal wastes.
    (5) Mineral oil--for topical use and as a lubricant.
    (6) Procaine--as a local anesthetic, use requires a withdrawal 
period of 90 days after administering to livestock intended for 
slaughter and 7 days after administering to dairy animals.
    (c) As feed supplements--Milk replacers without antibiotics, as 
emergency use only, no nonmilk products or products from BST treated 
animals.
    (d) As feed additives.
    (1) DL-Methionine, DL-Methionine--hydroxy analog, and DL-
Methionine--hydroxy analog calcium--for use only in organic poultry 
production until October 21, 2005.
    (2) Trace minerals, used for enrichment or fortification when FDA 
approved.
    (3) Vitamins, used for enrichment or fortification when FDA 
approved.

[[Page 423]]

    (e) As synthetic inert ingredients as classified by the 
Environmental Protection Agency (EPA), for use with nonsynthetic 
substances or a synthetic substances listed in this section and used as 
an active pesticide ingredient in accordance with any limitations on the 
use of such substances.
    (e-1) EPA List 4--Inerts of Minimal Concern.
    (f)-(z) [Reserved]

[65 FR 80637, Dec. 21, 2001, as amended at 68 FR 61992, Oct. 31, 2003]



Sec.  205.604  Nonsynthetic substances prohibited for use in organic 
livestock production.

    The following nonsynthetic substances may not be used in organic 
livestock production:
    (a) Strychnine.
    (b)-(z) [Reserved]



Sec.  205.605  Nonagricultural (nonorganic) substances allowed as 
ingredients in or on processed products labeled as ``organic'' or 
``made with organic (specified ingredients or food group(s)).''

    The following nonagricultural substances may be used as ingredients 
in or on processed products labeled as ``organic'' or ``made with 
organic (specified ingredients or food group(s))'' only in accordance 
with any restrictions specified in this section.
    (a) Nonsynthetics allowed:
    Acids (Alginic; Citric--produced by microbial fermentation of 
carbohydrate substances; and Lactic).
    Agar-agar.
    Animal enzymes--(Rennet--animals derived; Catalase--bovine liver; 
Animal lipase; Pancreatin; Pepsin; and Trypsin).
    Bentonite.
    Calcium carbonate.
    Calcium chloride.
    Calcium sulfate--mined.
    Carageenan.
    Colors, nonsynthetic sources only.
    Dairy cultures.
    Diatomaceous earth--food filtering aid only.
    Enzymes--must be derived from edible, nontoxic plants, nonpathogenic 
fungi, or nonpathogenic bacteria.
    Flavors, nonsynthetic sources only and must not be produced using 
synthetic solvents and carrier systems or any artificial preservative.
    Glucono delta-lactone--production by the oxidation of D-glucose with 
bromine water is prohibited.
    Kaolin.
    Magnesium sulfate, nonsynthetic sources only.
    Nitrogen--oil-free grades.
    Oxygen--oil-free grades.
    Perlite--for use only as a filter aid in food processing.
    Potassium chloride.
    Potassium iodide.
    Sodium bicarbonate.
    Sodium carbonate.
    Tartaric acid.
    Waxes--nonsynthetic (Carnauba wax; and Wood resin).
    Yeast--nonsynthetic, growth on petrochemical substrate and sulfite 
waste liquor is prohibited (Autolysate; Bakers; Brewers; Nutritional; 
and Smoked--nonsynthetic smoke flavoring process must be documented).
    (b) Synthetics allowed:
    Alginates.
    Ammonium bicarbonate--for use only as a leavening agent.
    Ammonium carbonate--for use only as a leavening agent.
    Ascorbic acid.
    Calcium citrate.
    Calcium hydroxide.
    Calcium phosphates (monobasic, dibasic, and tribasic).
    Carbon dioxide.
    Cellulose--for use in regenerative casings, as an anti-caking agent 
(non-chlorine bleached) and filtering aid.
    Chlorine materials--disinfecting and sanitizing food contact 
surfaces, Except, That, residual chlorine levels in the water shall not 
exceed the maximum residual disinfectant limit under the Safe Drinking 
Water Act (Calcium hypochlorite; Chlorine dioxide; and Sodium 
hypochlorite).
    Ethylene--allowed for postharvest ripening of tropical fruit and 
degreening of citrus.
    Ferrous sulfate--for iron enrichment or fortification of foods when 
required by regulation or recommended (independent organization).
    Glycerides (mono and di)--for use only in drum drying of food.
    Glycerin--produced by hydrolysis of fats and oils.

[[Page 424]]

    Hydrogen peroxide.
    Lecithin--bleached.
    Magnesium carbonate--for use only in agricultural products labeled 
``made with organic (specified ingredients or food group(s)),'' 
prohibited in agricultural products labeled ``organic''.
    Magnesium chloride--derived from sea water.
    Magnesium stearate--for use only in agricultural products labeled 
``made with organic (specified ingredients or food group(s)),'' 
prohibited in agricultural products labeled ``organic''.
    Nutrient vitamins and minerals, in accordance with 21 CFR 104.20, 
Nutritional Quality Guidelines For Foods.
    Ozone.
    Pectin (low-methoxy).
    Phosphoric acid--cleaning of food-contact surfaces and equipment 
only.
    Potassium acid tartrate.
    Potassium tartrate made from tartaric acid.
    Potassium carbonate.
    Potassium citrate.
    Potassium hydroxide--prohibited for use in lye peeling of fruits and 
vegetables except when used for peeling peaches during the Individually 
Quick Frozen (IQF) production process.
    Potassium iodide--for use only in agricultural products labeled 
``made with organic (specified ingredients or food group(s)),'' 
prohibited in agricultural products labeled ``organic''.
    Potassium phosphate--for use only in agricultural products labeled 
``made with organic (specific ingredients or food group(s)),'' 
prohibited in agricultural products labeled ``organic''.
    Silicon dioxide.
    Sodium citrate.
    Sodium hydroxide--prohibited for use in lye peeling of fruits and 
vegetables.
    Sodium phosphates--for use only in dairy foods.
    Sulfur dioxide--for use only in wine labeled ``made with organic 
grapes,'' Provided, That, total sulfite concentration does not exceed 
100 ppm.
    Tartaric acid.
    Tocopherols--derived from vegetable oil when rosemary extracts are 
not a suitable alternative.
    Xanthan gum.
    (c)-(z) [Reserved]

[68 FR 61993, Oct. 31, 2003, as amended as 68 FR 62217, Nov. 3, 2003]



Sec.  205.606  Nonorganically produced agricultural products allowed 
as ingredients in or on processed products labeled as ``organic'' or 
``made with organic (specified ingredients or food group(s)).''

    The following nonorganically produced agricultural products may be 
used as ingredients in or on processed products labeled as ``organic'' 
or ``made with organic (specified ingredients or food group(s))'' only 
in accordance with any restrictions specified in this section.
    Any nonorganically produced agricultural product may be used in 
accordance with the restrictions specified in this section and when the 
product is not commercially available in organic form.
    (a) Cornstarch (native)
    (b) Gums--water extracted only (arabic, guar, locust bean, carob 
bean)
    (c) Kelp--for use only as a thickener and dietary supplement
    (d) Lecithin--unbleached
    (e) Pectin (high-methoxy)



Sec.  205.607  Amending the National List.

    (a) Any person may petition the National Organic Standard Board for 
the purpose of having a substance evaluated by the Board for 
recommendation to the Secretary for inclusion on or deletion from the 
National List in accordance with the Act.
    (b) A person petitioning for amendment of the National List should 
request a copy of the petition procedures from the USDA at the address 
in Sec.  205.607(c).
    (c) A petition to amend the National List must be submitted to: 
Program Manager, USDA/AMS/TMP/NOP, 1400 Independence Ave., SW., Room 
4008-So., Ag Stop 0268, Washington, DC 20250.

[65 FR 80637, Dec. 21, 2001, as amended at 68 FR 61993, Oct. 31, 2003]



Sec. Sec.  205.608-205.619  [Reserved]

                         State Organic Programs



Sec.  205.620  Requirements of State organic programs.

    (a) A State may establish a State organic program for production and 
handling operations within the State

[[Page 425]]

which produce and handle organic agricultural products.
    (b) A State organic program must meet the requirements for organic 
programs specified in the Act.
    (c) A State organic program may contain more restrictive 
requirements because of environmental conditions or the necessity of 
specific production or handling practices particular to the State or 
region of the United States.
    (d) A State organic program must assume enforcement obligations in 
the State for the requirements of this part and any more restrictive 
requirements approved by the Secretary.
    (e) A State organic program and any amendments to such program must 
be approved by the Secretary prior to being implemented by the State.



Sec.  205.621  Submission and determination of proposed State organic 
programs and amendments to approved State organic programs.

    (a) A State organic program's governing State official must submit 
to the Secretary a proposed State organic program and any proposed 
amendments to such approved program.
    (1) Such submission must contain supporting materials that include 
statutory authorities, program description, documentation of the 
environmental conditions or specific production and handling practices 
particular to the State which necessitate more restrictive requirements 
than the requirements of this part, and other information as may be 
required by the Secretary.
    (2) Submission of a request for amendment of an approved State 
organic program must contain supporting materials that include an 
explanation and documentation of the environmental conditions or 
specific production and handling practices particular to the State or 
region, which necessitates the proposed amendment. Supporting material 
also must explain how the proposed amendment furthers and is consistent 
with the purposes of the Act and the regulations of this part.
    (b) Within 6 months of receipt of submission, the Secretary will: 
Notify the State organic program's governing State official of approval 
or disapproval of the proposed program or amendment of an approved 
program and, if disapproved, the reasons for the disapproval.
    (c) After receipt of a notice of disapproval, the State organic 
program's governing State official may submit a revised State organic 
program or amendment of such a program at any time.



Sec.  205.622  Review of approved State organic programs.

    The Secretary will review a State organic program not less than once 
during each 5-year period following the date of the initial program 
approval. The Secretary will notify the State organic program's 
governing State official of approval or disapproval of the program 
within 6 months after initiation of the review.



Sec. Sec.  205.623-205.639  [Reserved]

                                  Fees



Sec.  205.640  Fees and other charges for accreditation.

    Fees and other charges equal as nearly as may be to the cost of the 
accreditation services rendered under the regulations, including initial 
accreditation, review of annual reports, and renewal of accreditation, 
shall be assessed and collected from applicants for initial 
accreditation and accredited certifying agents submitting annual reports 
or seeking renewal of accreditation in accordance with the following 
provisions:
    (a) Fees-for-service. (1) Except as otherwise provided in this 
section, fees-for-service shall be based on the time required to render 
the service provided calculated to the nearest 15-minute period, 
including the review of applications and accompanying documents and 
information, evaluator travel, the conduct of on-site evaluations, 
review of annual reports and updated documents and information, and the 
time required to prepare reports and any other documents in connection 
with the performance of service. The hourly rate shall be the same as 
that charged by the Agricultural Marketing Service, through its Quality 
Systems Certification Program, to certification bodies requesting 
conformity assessment to

[[Page 426]]

the International Organization for Standardization ``General 
Requirements for Bodies Operating Product Certification Systems'' (ISO 
Guide 65).
    (2) Applicants for initial accreditation and accredited certifying 
agents submitting annual reports or seeking renewal of accreditation 
during the first 18 months following the effective date of subpart F of 
this part shall receive service without incurring an hourly charge for 
service.
    (3) Applicants for initial accreditation and renewal of 
accreditation must pay at the time of application, effective 18 months 
following February 20, 2001, a nonrefundable fee of $500.00 which shall 
be applied to the applicant's fees-for-service account.
    (b) Travel charges. When service is requested at a place so distant 
from the evaluator's headquarters that a total of one-half hour or more 
is required for the evaluator(s) to travel to such place and back to the 
headquarters or at a place of prior assignment on circuitous routing 
requiring a total of one-half hour or more to travel to the next place 
of assignment on the circuitous routing, the charge for such service 
shall include a mileage charge administratively determined by the U.S. 
Department of Agriculture and travel tolls, if applicable, or such 
travel prorated among all the applicants and certifying agents furnished 
the service involved on an equitable basis or, when the travel is made 
by public transportation (including hired vehicles), a fee equal to the 
actual cost thereof. Travel charges shall become effective for all 
applicants for initial accreditation and accredited certifying agents on 
February 20, 2001. The applicant or certifying agent 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 evaluator's headquarters, the fee for such service shall include a 
per diem charge if the employee(s) performing the service is paid per 
diem in accordance with existing travel regulations. Per diem charges to 
applicants and certifying agents will cover the same period of time for 
which the evaluator(s) receives per diem reimbursement. The per diem 
rate will be administratively determined by the U.S. Department of 
Agriculture. Per diem charges shall become effective for all applicants 
for initial accreditation and accredited certifying agents on February 
20, 2001. The applicant or certifying agent will not be charged a new 
per diem rate without notification before the service is rendered.
    (d) Other costs. When costs, other than costs specified in 
paragraphs (a), (b), and (c) of this section, are associated with 
providing the services, the applicant or certifying agent will be 
charged for these costs. Such costs include but are not limited to 
equipment rental, photocopying, delivery, facsimile, telephone, or 
translation charges incurred in association with accreditation services. 
The amount of the costs charged will be determined administratively by 
the U.S. Department of Agriculture. Such costs shall become effective 
for all applicants for initial accreditation and accredited certifying 
agents on February 20, 2001.



Sec.  205.641  Payment of fees and other charges.

    (a) Applicants for initial accreditation and renewal of 
accreditation must remit the nonrefundable fee, pursuant to Sec.  
205.640(a)(3), along with their application. Remittance must be made 
payable to the Agricultural Marketing Service, USDA, and mailed to: 
Program Manager, USDA-AMS-TMP-NOP, Room 2945-South Building, P.O. Box 
96456, Washington, DC 20090-6456 or such other address as required by 
the Program Manager.
    (b) Payments for fees and other charges not covered under paragraph 
(a) of this section must be:
    (1) Received by the due date shown on the bill for collection;
    (2) Made payable to the Agricultural Marketing Service, USDA; and
    (3) Mailed to the address provided on the bill for collection.
    (c) The Administrator shall assess interest, penalties, and 
administrative costs on debts not paid by the due date shown on a bill 
for collection and collect delinquent debts or refer such debts to the 
Department of Justice for litigation.

[[Page 427]]



Sec.  205.642  Fees and other charges for certification.

    Fees charged by a certifying agent must be reasonable, and a 
certifying agent shall charge applicants for certification and certified 
production and handling operations only those fees and charges that it 
has filed with the Administrator. The certifying agent shall provide 
each applicant with an estimate of the total cost of certification and 
an estimate of the annual cost of updating the certification. The 
certifying agent may require applicants for certification to pay at the 
time of application a nonrefundable fee which shall be applied to the 
applicant's fees-for-service account. The certifying agent may set the 
nonrefundable portion of certification fees; however, the nonrefundable 
portion of certification fees must be explained in the fee schedule 
submitted to the Administrator. The fee schedule must explain what fee 
amounts are nonrefundable and at what stage during the certification 
process fees become nonrefundable. The certifying agent shall provide 
all persons inquiring about the application process with a copy of its 
fee schedule.



Sec. Sec.  205.643-205.649  [Reserved]

                               Compliance



Sec.  205.660  General.

    (a) The National Organic Program's Program Manager, on behalf of the 
Secretary, may inspect and review certified production and handling 
operations and accredited certifying agents for compliance with the Act 
or regulations in this part.
    (b) The Program Manager may initiate suspension or revocation 
proceedings against a certified operation:
    (1) When the Program Manager has reason to believe that a certified 
operation has violated or is not in compliance with the Act or 
regulations in this part; or
    (2) When a certifying agent or a State organic program's governing 
State official fails to take appropriate action to enforce the Act or 
regulations in this part.
    (c) The Program Manager may initiate suspension or revocation of a 
certifying agent's accreditation if the certifying agent fails to meet, 
conduct, or maintain accreditation requirements pursuant to the Act or 
this part.
    (d) Each notification of noncompliance, rejection of mediation, 
noncompliance resolution, proposed suspension or revocation, and 
suspension or revocation issued pursuant to Sec.  205.662, Sec.  
205.663, and Sec.  205.665 and each response to such notification must 
be sent to the recipient's place of business via a delivery service 
which provides dated return receipts.



Sec.  205.661  Investigation of certified operations.

    (a) A certifying agent may investigate complaints of noncompliance 
with the Act or regulations of this part concerning production and 
handling operations certified as organic by the certifying agent. A 
certifying agent must notify the Program Manager of all compliance 
proceedings and actions taken pursuant to this part.
    (b) A State organic program's governing State official may 
investigate complaints of noncompliance with the Act or regulations in 
this part concerning organic production or handling operations operating 
in the State.



Sec.  205.662  Noncompliance procedure for certified operations.

    (a) Notification. When an inspection, review, or investigation of a 
certified operation by a certifying agent or a State organic program's 
governing State official reveals any noncompliance with the Act or 
regulations in this part, a written notification of noncompliance shall 
be sent to the certified operation. Such notification shall provide:
    (1) A description of each noncompliance;
    (2) The facts upon which the notification of noncompliance is based; 
and
    (3) The date by which the certified operation must rebut or correct 
each noncompliance and submit supporting documentation of each such 
correction when correction is possible.

[[Page 428]]

    (b) Resolution. When a certified operation demonstrates that each 
noncompliance has been resolved, the certifying agent or the State 
organic program's governing State official, as applicable, shall send 
the certified operation a written notification of noncompliance 
resolution.
    (c) Proposed suspension or revocation. When rebuttal is unsuccessful 
or correction of the noncompliance is not completed within the 
prescribed time period, the certifying agent or State organic program's 
governing State official shall send the certified operation a written 
notification of proposed suspension or revocation of certification of 
the entire operation or a portion of the operation, as applicable to the 
noncompliance. When correction of a noncompliance is not possible, the 
notification of noncompliance and the proposed suspension or revocation 
of certification may be combined in one notification. The notification 
of proposed suspension or revocation of certification shall state:
    (1) The reasons for the proposed suspension or revocation;
    (2) The proposed effective date of such suspension or revocation;
    (3) The impact of a suspension or revocation on future eligibility 
for certification; and
    (4) The right to request mediation pursuant to Sec.  205.663 or to 
file an appeal pursuant to Sec.  205.681.
    (d) Willful violations. Notwithstanding paragraph (a) of this 
section, if a certifying agent or State organic program's governing 
State official has reason to believe that a certified operation has 
willfully violated the Act or regulations in this part, the certifying 
agent or State organic program's governing State official shall send the 
certified operation a notification of proposed suspension or revocation 
of certification of the entire operation or a portion of the operation, 
as applicable to the noncompliance.
    (e) Suspension or revocation. (1) If the certified operation fails 
to correct the noncompliance, to resolve the issue through rebuttal or 
mediation, or to file an appeal of the proposed suspension or revocation 
of certification, the certifying agent or State organic program's 
governing State official shall send the certified operation a written 
notification of suspension or revocation.
    (2) A certifying agent or State organic program's governing State 
official must not send a notification of suspension or revocation to a 
certified operation that has requested mediation pursuant to Sec.  
205.663 or filed an appeal pursuant to Sec.  205.681, while final 
resolution of either is pending.
    (f) Eligibility. (1) A certified operation whose certification has 
been suspended under this section may at any time, unless otherwise 
stated in the notification of suspension, submit a request to the 
Secretary for reinstatement of its certification. The request must be 
accompanied by evidence demonstrating correction of each noncompliance 
and corrective actions taken to comply with and remain in compliance 
with the Act and the regulations in this part.
    (2) A certified operation or a person responsibly connected with an 
operation whose certification has been revoked will be ineligible to 
receive certification for a period of 5 years following the date of such 
revocation, Except, That, the Secretary may, when in the best interest 
of the certification program, reduce or eliminate the period of 
ineligibility.
    (g) Violations of Act. In addition to suspension or revocation, any 
certified operation that:
    (1) Knowingly sells or labels a product as organic, except in 
accordance with the Act, shall be subject to a civil penalty of not more 
than $10,000 per violation.
    (2) Makes a false statement under the Act to the Secretary, a State 
organic program's governing State official, or a certifying agent shall 
be subject to the provisions of section 1001 of title 18, United States 
Code.



Sec.  205.663  Mediation.

    Any dispute with respect to denial of certification or proposed 
suspension or revocation of certification under this part may be 
mediated at the request of the applicant for certification or certified 
operation and with acceptance by the certifying agent. Mediation shall 
be requested in writing to the applicable certifying agent. If the 
certifying

[[Page 429]]

agent rejects the request for mediation, the certifying agent shall 
provide written notification to the applicant for certification or 
certified operation. The written notification shall advise the applicant 
for certification or certified operation of the right to request an 
appeal, pursuant to Sec.  205.681, within 30 days of the date of the 
written notification of rejection of the request for mediation. If 
mediation is accepted by the certifying agent, such mediation shall be 
conducted by a qualified mediator mutually agreed upon by the parties to 
the mediation. If a State organic program is in effect, the mediation 
procedures established in the State organic program, as approved by the 
Secretary, will be followed. The parties to the mediation shall have no 
more than 30 days to reach an agreement following a mediation session. 
If mediation is unsuccessful, the applicant for certification or 
certified operation shall have 30 days from termination of mediation to 
appeal the certifying agent's decision pursuant to Sec.  205.681. Any 
agreement reached during or as a result of the mediation process shall 
be in compliance with the Act and the regulations in this part. The 
Secretary may review any mediated agreement for conformity to the Act 
and the regulations in this part and may reject any agreement or 
provision not in conformance with the Act or the regulations in this 
part.



Sec.  205.664  [Reserved]



Sec.  205.665  Noncompliance procedure for certifying agents.

    (a) Notification. When an inspection, review, or investigation of an 
accredited certifying agent by the Program Manager reveals any 
noncompliance with the Act or regulations in this part, a written 
notification of noncompliance shall be sent to the certifying agent. 
Such notification shall provide:
    (1) A description of each noncompliance;
    (2) The facts upon which the notification of noncompliance is based; 
and
    (3) The date by which the certifying agent must rebut or correct 
each noncompliance and submit supporting documentation of each 
correction when correction is possible.
    (b) Resolution. When the certifying agent demonstrates that each 
noncompliance has been resolved, the Program Manager shall send the 
certifying agent a written notification of noncompliance resolution.
    (c) Proposed suspension or revocation. When rebuttal is unsuccessful 
or correction of the noncompliance is not completed within the 
prescribed time period, the Program Manager shall send a written 
notification of proposed suspension or revocation of accreditation to 
the certifying agent. The notification of proposed suspension or 
revocation shall state whether the certifying agent's accreditation or 
specified areas of accreditation are to be suspended or revoked. When 
correction of a noncompliance is not possible, the notification of 
noncompliance and the proposed suspension or revocation may be combined 
in one notification. The notification of proposed suspension or 
revocation of accreditation shall state:
    (1) The reasons for the proposed suspension or revocation;
    (2) The proposed effective date of the suspension or revocation;
    (3) The impact of a suspension or revocation on future eligibility 
for accreditation; and
    (4) The right to file an appeal pursuant to Sec.  205.681.
    (d) Willful violations. Notwithstanding paragraph (a) of this 
section, if the Program Manager has reason to believe that a certifying 
agent has willfully violated the Act or regulations in this part, the 
Program Manager shall send a written notification of proposed suspension 
or revocation of accreditation to the certifying agent.
    (e) Suspension or revocation. When the accredited certifying agent 
fails to file an appeal of the proposed suspension or revocation of 
accreditation, the Program Manager shall send a written notice of 
suspension or revocation of accreditation to the certifying agent.
    (f) Cessation of certification activities. A certifying agent whose 
accreditation is suspended or revoked must:
    (1) Cease all certification activities in each area of accreditation 
and in each State for which its accreditation is suspended or revoked.

[[Page 430]]

    (2) Transfer to the Secretary and make available to any applicable 
State organic program's governing State official all records concerning 
its certification activities that were suspended or revoked.
    (g) Eligibility. (1) A certifying agent whose accreditation is 
suspended by the Secretary under this section may at any time, unless 
otherwise stated in the notification of suspension, submit a request to 
the Secretary for reinstatement of its accreditation. The request must 
be accompanied by evidence demonstrating correction of each 
noncompliance and corrective actions taken to comply with and remain in 
compliance with the Act and the regulations in this part.
    (2) A certifying agent whose accreditation is revoked by the 
Secretary shall be ineligible to be accredited as a certifying agent 
under the Act and the regulations in this part for a period of not less 
than 3 years following the date of such revocation.



Sec. Sec.  205.666-205.667  [Reserved]



Sec.  205.668  Noncompliance procedures under State organic programs.

    (a) A State organic program's governing State official must promptly 
notify the Secretary of commencement of any noncompliance proceeding 
against a certified operation and forward to the Secretary a copy of 
each notice issued.
    (b) A noncompliance proceeding, brought by a State organic program's 
governing State official against a certified operation, shall be 
appealable pursuant to the appeal procedures of the State organic 
program. There shall be no subsequent rights of appeal to the Secretary. 
Final decisions of a State may be appealed to the United States District 
Court for the district in which such certified operation is located.
    (c) A State organic program's governing State official may review 
and investigate complaints of noncompliance with the Act or regulations 
concerning accreditation of certifying agents operating in the State. 
When such review or investigation reveals any noncompliance, the State 
organic program's governing State official shall send a written report 
of noncompliance to the Program Manager. The report shall provide a 
description of each noncompliance and the facts upon which the 
noncompliance is based.



Sec.  205.669  [Reserved]

       Inspection and Testing, Reporting, and Exclusion from Sale



Sec.  205.670  Inspection and testing of agricultural product to be 
sold or labeled ``organic.''

    (a) All agricultural products that are to be sold, labeled, or 
represented as ``100 percent organic,'' ``organic,'' or ``made with 
organic (specified ingredients or food group(s))'' must be made 
accessible by certified organic production or handling operations for 
examination by the Administrator, the applicable State organic program's 
governing State official, or the certifying agent.
    (b) The Administrator, applicable State organic program's governing 
State official, or the certifying agent may require preharvest or 
postharvest testing of any agricultural input used or agricultural 
product to be sold, labeled, or represented as ``100 percent organic,'' 
``organic,'' or ``made with organic (specified ingredients or food 
group(s))'' when there is reason to believe that the agricultural input 
or product has come into contact with a prohibited substance or has been 
produced using excluded methods. Such tests must be conducted by the 
applicable State organic program's governing State official or the 
certifying agent at the official's or certifying agent's own expense.
    (c) The preharvest or postharvest tissue test sample collection 
pursuant to paragraph (b) of this section must be performed by an 
inspector representing the Administrator, applicable State organic 
program's governing State official, or certifying agent. Sample 
integrity must be maintained throughout the chain of custody, and 
residue testing must be performed in an accredited laboratory. Chemical 
analysis must be made in accordance with the methods described in the 
most current edition of the Official Methods of Analysis of the

[[Page 431]]

AOAC International or other current applicable validated methodology 
determining the presence of contaminants in agricultural products.
    (d) Results of all analyses and tests performed under this section:
    (1) Must be promptly provided to the Administrator; Except, That, 
where a State organic program exists, all test results and analyses 
shall be provided to the State organic program's governing State 
official by the applicable certifying party that requested testing; and
    (2) Will be available for public access, unless the testing is part 
of an ongoing compliance investigation.
    (e) If test results indicate a specific agricultural product 
contains pesticide residues or environmental contaminants that exceed 
the Food and Drug Administration's or the Environmental Protection 
Agency's regulatory tolerences, the certifying agent must promptly 
report such data to the Federal health agency whose regulatory tolerance 
or action level has been exceeded.



Sec.  205.671  Exclusion from organic sale.

    When residue testing detects prohibited substances at levels that 
are greater than 5 percent of the Environmental Protection Agency's 
tolerance for the specific residue detected or unavoidable residual 
environmental contamination, the agricultural product must not be sold, 
labeled, or represented as organically produced. The Administrator, the 
applicable State organic program's governing State official, or the 
certifying agent may conduct an investigation of the certified operation 
to determine the cause of the prohibited substance.



Sec.  205.672  Emergency pest or disease treatment.

    When a prohibited substance is applied to a certified operation due 
to a Federal or State emergency pest or disease treatment program and 
the certified operation otherwise meets the requirements of this part, 
the certification status of the operation shall not be affected as a 
result of the application of the prohibited substance: Provided, That:
    (a) Any harvested crop or plant part to be harvested that has 
contact with a prohibited substance applied as the result of a Federal 
or State emergency pest or disease treatment program cannot be sold, 
labeled, or represented as organically produced; and
    (b) Any livestock that are treated with a prohibited substance 
applied as the result of a Federal or State emergency pest or disease 
treatment program or product derived from such treated livestock cannot 
be sold, labeled, or represented as organically produced: Except, That:
    (1) Milk or milk products may be sold, labeled, or represented as 
organically produced beginning 12 months following the last date that 
the dairy animal was treated with the prohibited substance; and
    (2) The offspring of gestating mammalian breeder stock treated with 
a prohibited substance may be considered organic: Provided, That, the 
breeder stock was not in the last third of gestation on the date that 
the breeder stock was treated with the prohibited substance.



Sec. Sec.  205.673-205.679  [Reserved]

                      Adverse Action Appeal Process



Sec.  205.680  General.

    (a) Persons subject to the Act who believe they are adversely 
affected by a noncompliance decision of the National Organic Program's 
Program Manager may appeal such decision to the Administrator.
    (b) Persons subject to the Act who believe that they are adversely 
affected by a noncompliance decision of a State organic program may 
appeal such decision to the State organic program's governing State 
official who will initiate handling of the appeal pursuant to appeal 
procedures approved by the Secretary.
    (c) Persons subject to the Act who believe that they are adversely 
affected by a noncompliance decision of a certifying agent may appeal 
such decision to the Administrator, Except, That, when the person is 
subject to an approved State organic program, the appeal must be made to 
the State organic program.

[[Page 432]]

    (d) All written communications between parties involved in appeal 
proceedings must be sent to the recipient's place of business by a 
delivery service which provides dated return receipts.
    (e) All appeals shall be reviewed, heard, and decided by persons not 
involved with the decision being appealed.



Sec.  205.681  Appeals.

    (a) Certification appeals. An applicant for certification may appeal 
a certifying agent's notice of denial of certification, and a certified 
operation may appeal a certifying agent's notification of proposed 
suspension or revocation of certification to the Administrator, Except, 
That, when the applicant or certified operation is subject to an 
approved State organic program the appeal must be made to the State 
organic program which will carry out the appeal pursuant to the State 
organic program's appeal procedures approved by the Secretary.
    (1) If the Administrator or State organic program sustains a 
certification applicant's or certified operation's appeal of a 
certifying agent's decision, the applicant will be issued organic 
certification, or a certified operation will continue its certification, 
as applicable to the operation. The act of sustaining the appeal shall 
not be an adverse action subject to appeal by the affected certifying 
agent.
    (2) If the Administrator or State organic program denies an appeal, 
a formal administrative proceeding will be initiated to deny, suspend, 
or revoke the certification. Such proceeding shall be conducted pursuant 
to the U.S. Department of Agriculture's Uniform Rules of Practice or the 
State organic program's rules of procedure.
    (b) Accreditation appeals. An applicant for accreditation and an 
accredited certifying agent may appeal the Program Manager's denial of 
accreditation or proposed suspension or revocation of accreditation to 
the Administrator.
    (1) If the Administrator sustains an appeal, an applicant will be 
issued accreditation, or a certifying agent will continue its 
accreditation, as applicable to the operation.
    (2) If the Administrator denies an appeal, a formal administrative 
proceeding to deny, suspend, or revoke the accreditation will be 
initiated. Such proceeding shall be conducted pursuant to the U.S. 
Department of Agriculture's Uniform Rules of Practice, 7 CFR part 1, 
Subpart H.
    (c) Filing period. An appeal of a noncompliance decision must be 
filed within the time period provided in the letter of notification or 
within 30 days from receipt of the notification, whichever occurs later. 
The appeal will be considered ``filed'' on the date received by the 
Administrator or by the State organic program. A decision to deny, 
suspend, or revoke certification or accreditation will become final and 
nonappealable unless the decision is appealed in a timely manner.
    (d) Where and what to file. (1) Appeals to the Administrator must be 
filed in writing and addressed to Administrator, USDA-AMS, Room 3071-S, 
P.O. Box 96456, Washington, DC 20090-6456.
    (2) Appeals to the State organic program must be filed in writing to 
the address and person identified in the letter of notification.
    (3) All appeals must include a copy of the adverse decision and a 
statement of the appellant's reasons for believing that the decision was 
not proper or made in accordance with applicable program regulations, 
policies, or procedures.



Sec. Sec.  205.682-205.689  [Reserved]

                              Miscellaneous



Sec.  205.690  OMB control number.

    The control number assigned to the information collection 
requirements in this part by the Office of Management and Budget 
pursuant to the Paperwork Reduction Act of 1995, 44 U.S C. Chapter 35, 
is OMB number 0581-0181.



Sec. Sec.  205.691-205.699  [Reserved]

                        PARTS 206-209 [RESERVED]


[[Page 433]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 435]]

            Material Approved for Incorporation by Reference

                     (Revised as of January 1, 2004)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


7 CFR (PARTS 53-209)

AGRICULTURAL MARKETING SERVICE, DEPARTMENT OF AGRICULTURE
                                                                   7 CFR


Association of Official Seed Analysts

  Secretary Treasurer, AOSA, c/o U.S. Department 
  of Agiculture, Seed Standardization Branch, Rm. 
  213, Bldg. 306, Agricultural Research Center, 
  Beltsville, MD 20705
Contribution No. 26, Microbiological Assay of                    201.58c
  Fungicide--Treated Seeds, AOSA Handbook on Seed 
  Testing, revised May 1964.
Contribution No. 28, A Standardized Phenol Method             201.58a(c)
  for Testing Wheat Seed for Varietal Purity, AOSA 
  Handbook on Seed Testing, revised June 1965.

[[Page 437]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2004)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2 [Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 438]]

    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 439]]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)

[[Page 440]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

[[Page 441]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 442]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

[[Page 443]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)

[[Page 444]]

         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 445]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 446]]

       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)

[[Page 447]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 448]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 449]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)

[[Page 450]]

       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare

[[Page 451]]

        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)

[[Page 452]]

       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)

[[Page 453]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)

[[Page 454]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 455]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2004)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 456]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 457]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II

[[Page 458]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 459]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 460]]

  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 461]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 462]]

Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV

[[Page 463]]

Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 465]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985 and 1986-2000'' published in 
11 separate volumes.

                                  2001

7 CFR
                                                                   66 FR
                                                                    Page
Chapter I
54.1001--54.1034 (Subpart C) Added..................................1198
56.46 (b) and (c) revised..........................................66713
56.52 (a)(4) revised...............................................66714
59 Regulation at 65 FR 75514 eff. date delayed......................8151
70.71 (b) and (c) revised..........................................66714
70.77 (a)(4) revised...............................................66714
80 Revised.........................................................58349
205--209 (Subchapter A) Regulation at 65 FR 80637 eff. date 
        corrected..................................................15619

                                  2002

7 CFR
                                                                   67 FR
                                                                    Page
Chapter I
56.46 Revised......................................................78666
56.52 (a)(4) revised...............................................78666
58.101 (e), (m), (v) and (w) revised...............................48974
58.124 (j) revised; (k) added......................................48974
58.126 (e)(5)(ii) revised..........................................48974
58.127 (d) revised.................................................48974
58.128 (o) revised.................................................48974
58.131 (a)(2) amended..............................................48975
58.133 (b)(2) through (5) introductory text, (ii), (6) and (c)(1) 
        revised....................................................48975
58.134 (a) revised.................................................48975
58.135 Revised.....................................................48975
58.137 (b) and (c) revised.........................................48975
58.143 (b) revised.................................................48976
58.245 Revised.....................................................48976
58.346 (b)(1) revised..............................................48976
58.405 (a) revised.................................................48976
58.505 (b)(1), (2), (3), (c) and (d) revised; (f) amended..........48976
58.605 (a) through (e) revised.....................................48976
58.651 Removed.....................................................48976
58.705 (a) revised.................................................48976
58.812 Revised.....................................................48976
58.905 (a), (b) and (c) revised....................................48976
58.915 Revised.....................................................48977
58.938 (g) revised.................................................48977
70.71 Revised......................................................78666
70.77 (a)(4) revised...............................................78666
75.41 Amended......................................................11384
75.43 (c) added....................................................11384
75.47 Amended......................................................11384
81 Added...........................................................11391
201 Policy statement...............................................59769

                                  2003

7 CFR
                                                                   68 FR
                                                                    Page
Chapter I
54.27 (a) and (b) amended..........................................39807
56.36 (a)(3) amended...............................................25485
56.46 Revised......................................................68488
56.52 (a)(4) revised...............................................68488
70.71 Revised......................................................68489
70.77 (a)(4) revised...............................................68489
91.4 (b) revised; eff. 1-15-04.....................................69946
91.5 Revised; eff. 1-15-04.........................................69946
91.100--91.102 (Subpart J) Added; eff. 1-15-04.....................69947
96 Removed; eff. 1-15-04...........................................69948
97.175 Revised......................................................1360

[[Page 466]]

205.601 Introductory text, (f), (i)(3) and (k) revised; (a)(3), 
        (4), (e)(3) through (7) and (i)(7) through (10) 
        redesignated as (a)(4), (7), (e)(4) through (8) and (i)(8) 
        through (11); new (a)(7) amended; (a)(3), (5), (6), 
        (e)(3), (i)(7) and (m)(2) added............................61992
205.602 Revised....................................................61992
205.603 (b)(1) through (5), (6), (d)(1), (2) and (f) redesignated 
        as (b)(2) through (6), (1), (d)(2), (3) and (e)(1); (a), 
        new (b)(4) and new (d)(2) revised; new (d)(1) added........61992
205.605 Revised....................................................61993
    (a) and (b) amended............................................62217
205.607 (c) revised................................................61993


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