[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2021 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 7
Agriculture
________________________
Parts 53 to 209
Revised as of January 1, 2021
Containing a codification of documents of general
applicability and future effect
As of January 1, 2021
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
SUBTITLE B--Regulations of the Department of Agriculture
(Continued)
Chapter I--Agricultural Marketing Service
(Standards, Inspections, Marketing Practices),
Department of Agriculture (Continued) 5
Finding Aids:
Table of CFR Titles and Chapters........................ 451
Alphabetical List of Agencies Appearing in the CFR...... 471
List of CFR Sections Affected........................... 481
[[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
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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
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collection request.
[[Page vi]]
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
January 1, 2021
[[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, 1600-1759, 1760-1939, 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, 2021.
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.
For this volume, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
John Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 53 to 209)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued)
Part
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 (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
--------------------------------------------------------------------
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
56 Voluntary grading of shell eggs............. 36
57 Inspection of eggs (Egg Products Inspection
Act).................................... 57
58 Grading and inspection, general
specifications for approved plants and
standards for grades of dairy products.. 73
59 Livestock mandatory reporting............... 150
60 Country of origin labeling for fish and
shellfish............................... 165
61 Cottonseed sold or offered for sale for
crushing purposes (inspection, sampling
and certification)...................... 170
62 Agricultural Marketing Service Audit
Verification and Accreditation Programs
(AVAAP)................................. 177
63 National Sheep Industry Improvement Center.. 184
65 Country of origin labeling of lamb, chicken,
and goat meat, perishable agricultural
commodities, macadamia nuts, pecans,
peanuts, and ginseng.................... 190
66 National bioengineered food disclosure
standard................................ 196
70 Voluntary grading of poultry products and
rabbit products......................... 206
75 Provisions for inspection and certification
of quality of agricultural and vegetable
seeds................................... 225
SUBCHAPTER D--EXPORT AND DOMESTIC CONSUMPTION PROGRAMS
80 Fresh Russet Potato Diversion Program....... 233
81 Prune/Dried Plum Diversion Program.......... 233
[[Page 6]]
82 Clingstone Peach Diversion Program.......... 237
SUBCHAPTER E--COMMODITY LABORATORY TESTING PROGRAMS
90
[Reserved]
91 Services and general information............ 242
93 Processed fruits and vegetables............. 255
94 Poultry and egg products.................... 259
95-96
[Reserved]
97 Plant variety and protection................ 263
98 Meals, Ready-to-Eat (MRE's), meats, and meat
products................................ 282
99-109
[Reserved]
110 Recordkeeping on restricted use pesticides
by certified applicators; surveys and
reports................................. 285
111-159
[Reserved]
SUBCHAPTER F--NAVAL STORES
160 Regulations and standards for naval stores.. 296
SUBCHAPTER G--MISCELLANEOUS MARKETING PRACTICES UNDER THE AGRICULTURAL
MARKETING ACT OF 1946
170 USDA Farmers Market......................... 314
SUBCHAPTER H [RESERVED]
SUBCHAPTER K--FEDERAL SEED ACT
201 Federal Seeded Act requirements............. 318
202 Federal Seed Act administrative procedures.. 391
203-204
[Reserved]
SUBCHAPTER L--REQUIREMENTS RELATING TO PURCHASES [RESERVED]
SUBCHAPTER M--ORGANIC FOODS PRODUCTION ACT PROVISIONS
205 National Organic Program.................... 395
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_Grading of Meats, Prepared Meats, and Meat Products
Definitions
Sec.
54.1 Meaning of words and terms defined.
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, conditional withdrawal, or suspension of service.
54.12 [Reserved]
54.13 Accessibility and refrigeration of products; access to
establishments; suitable work environment; and access to
records.
54.14 [Reserved]
54.15 Instrument grading.
54.16 Marking of products.
54.17 Official identifications.
54.18 Custody of identification devices.
54.19 Appeal of a grading service decision.
54.20 Exemptions.
54.21--54.26 [Reserved]
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 [Reserved]
54.31 OMB control number.
Subpart B [Reserved]
Subpart C_Provisions Governing the Certification of Sanitary Design and
Fabrication of Equipment Used in the Slaughter, Processing, and
Packaging of Livestock and Poultry Products
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.
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.
[[Page 14]]
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_Grading of Meats, Prepared Meats, and Meat Products
Definitions
Sec. 54.1 Meaning of words and terms defined.
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 (AMS), or any officer or employee of the AMS to whom authority
has been or may be delegated to act in the Administrator's stead.
Agricultural Marketing Service. The Agricultural Marketing Service
of the Department.
Animals. Bison, cattle, goats, sheep, swine, or other species
identified by the Administrator.
Appeal service. 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.
Applicant. Any person who has applied for service under the
regulations.
Branch. The Grading Services 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 Grading Services Branch, or any officer or
employee of the Branch to whom authority has been or may be delegated to
act in the Chief's 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.
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.
Deputy Administrator. The Deputy Administrator of the Program, or
any other officer or employee of the Program to whom authority has been
or may be delegated to act in the Deputy Administrator's stead.
Director. The Director of the Division, or any officer or employee
of the Division to whom authority has been or may be delegated to act in
the Director's stead.
Division. The Quality Assessment Division of the Livestock and
Poultry Program.
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 species covered in the definition of Animals above,
commonly abbreviated ``IMPS,'' and intended for use by any meat
procuring activity. For labeling purposes, only product certified by the
Grading Services 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).
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. Any part capable of use as human food, other than
meat, which has been derived from one or more cattle, sheep, swine, or
goats.
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.
Observed legal holiday. When a holiday falls on a weekend--Saturday
or Sunday--the holiday usually is observed on Monday (if the holiday
falls on Sunday) or Friday (if the holiday falls on Saturday).
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.
Official standards. Official standards refer to the United States
Standards for Grades of Carcass Beef; the United States Standards for
Grades of Veal and Calf Carcasses; the United States Standards for
Grades of Lamb, Yearling Mutton, and Mutton Carcasses; and/or the United
States Standards for Grades of Pork Carcasses.
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.
Program. The Livestock and Poultry Program of the Agricultural
Marketing Service.
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
[[Page 16]]
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. Services offered by the Grading Services Branch such as
Grading Service, Certification Service, and Carcass Data Service.
Shipping container. The receptacle or covering in which one or more
immediate containers of products are packed for transportation.
Specifications. Descriptions with respect to the class, grade, other
quality, quantity or condition of products, approved by the
Administrator, and available for use by the industry regardless of the
origin of the descriptions.
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; 84 FR 48554, Sept. 16, 2019;
84 FR 49640, Sept. 23, 2019]
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.
[[Page 17]]
Service
Sec. 54.4 Kind of service.
(a) Grading Service consists of the determination, certification,
and identification of the class, grade, or other quality attributes of
products under applicable official standards.
(b) Certification Service consists of the determination,
certification, and identification of products to an approved
specification. Determination of 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.
(c) Carcass Data Service consists of the evaluation of carcass
characteristics of animals identified with an approved ear tag to
applicable official standards or specifications, and the recording and
transmitting of the associated data to the applicant or a party
designated by the applicant.
[84 FR 48555, Sept. 16, 2019]
Sec. 54.5 Availability of service.
Service under these regulations may be made available to products
shipped or received in interstate commerce. It also may be made
available to the products not shipped or received if the Director or
Chief determines that the furnishing of service for such products will
facilitate the marketing, distribution, processing, or utilization of
agricultural products through commercial channels. Service will be
furnished for products only if they were derived from animals
slaughtered in federally inspected establishments or establishments
operated under state meat inspection in a state other than one
designated in 9 CFR 331.2. Service may be furnished for imported
carcasses only if an exemption to do so is granted by the Director as
described in Sec. 54.20.
[84 FR 48555, Sept. 16, 2019]
Sec. 54.6 How to obtain service.
(a) Application. (1) Any person may apply for service with respect
to products in which he or she has a financial interest by completing
the required application for service. In any case in which the service
is intended to be furnished at an establishment not operated by the
applicant, the application must be approved by the operator of such
establishment and such approval shall constitute an authorization for
any employee of the Department to enter the establishment for the
purpose of performing his or her functions under the regulations in this
part. The application must include:
(i) Name and address of the establishment at which service is
desired;
(ii) Name and mailing address of the applicant;
(iii) Financial interest of the applicant in the products, except
where application is made by a representative of a Government agency in
the representative's official capacity;
(iv) Signature of the applicant (or the signature and title of the
applicant's representative);
(v) Indication of the legal status of the applicant as an
individual, partnership, corporation, or other form of legal entity; and
(vi) The legal designation of the applicant's business as a small or
large business, as defined by the U.S. Small Business Administration's
North American Industry Classification System (NAICS) Codes.
(2) 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 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. Any change in such
status, at any time while service is being received, shall be promptly
reported by the person receiving the service to the grading office
designated by the Director or Chief to process such requests.
(b) Notice of eligibility for service. The applicant will be
notified whether the application is approved or denied.
(c) Termination of service. If an applicant who terminates scheduled
grading service requests service again within a 2-year period from the
date of the initial termination, the applicant will be
[[Page 18]]
responsible for all relocation costs associated with the grader assigned
to fulfill the new service agreement. If more than one applicant is
involved, expenses will be prorated according to each applicant's
committed portion of the official grader's services.
[84 FR 49640, Sept. 23, 2019]
Sec. 54.7 Order of furnishing service.
Service shall be furnished to applicants in the order in which
requests are received. Preference 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. 54.19.
[84 FR 48555, Sept. 16, 2019]
Sec. 54.8 When request for service deemed made.
A request for service is considered made when received by the
designated office as identified on the Application for Service form.
Records showing the date and time of the request shall be made and
maintained in the designated office.
[84 FR 48556, Sept. 16, 2019]
Sec. 54.9 Withdrawal of application or request for service.
An application or a request for service may be withdrawn by the
applicant at any time before the application is approved or prior to
performance of service. In accordance with Sec. Sec. 54.27 and 54.28,
any expenses already incurred by AMS in connection with the review of an
application or fulfilling a request for service are the responsibility
of the applicant.
[84 FR 48556, Sept. 16, 2019]
Sec. 54.10 Authority of agent.
Proof that any person making an application or a request for service
on behalf of any other person has the authority to do so may be required
at the discretion of the Director or Chief.
[84 FR 48556, Sept. 16, 2019]
Sec. 54.11 Denial, conditional withdrawal, or suspension of service.
(a) For misconduct--(1) Basis 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 individual's
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;
(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;
(iii) Has interfered with or obstructed, or attempted to interfere
with or to obstruct, any employee of the Department in the performance
of his or her 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 ``US'' or ``USDA'' and ``Prime,''
``Choice,'' ``Select,'' ``Good,'' ``Standard,'' ``Commercial,''
``Utility,'' ``Cutter,'' ``Canner,'' ``Cull,'' ``No. 1,'' ``No. 2,''
``No. 3,'' ``No. 4,'' ``Yield Grade 1,'' ``Yield Grade 2,'' ``Yield
Grade 3,'' ``Yield Grade 4,'' ``Yield Grade 5,'' and ``USDA Accepted as
Specified,'' by stamp or text enclosed within a shield, or brand
directly on any carcass,
[[Page 19]]
wholesale cut, or retail cut of any carcass, or has applied the
aforementioned designations including ``USDA Certified,'' and ``USDA
Further Processing Certification Program'' on the marketing material
associated with any such product as part of a grade designation or
product specification;
(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 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 the person has possession of such item and, in the
case of an official device, surrenders it to the Chief, and, in the case
of any other item, surrenders it to the Director or Chief or destroys it
or brings it into compliance with the regulations by obliterating or
removing the violative features under supervision of the Director or
Chief: And provided further, that paragraphs (a)(1) (ii) through (ix) of
this section shall not be deemed to be violated by any act committed by
any person prior to the making of an application of service under the
regulations by the principal person. An application or a request for
service may be rejected or the benefits of the service may be otherwise
denied to, or withdrawn from, any person who operates an establishment
for which that 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 (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 with 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
initially conducted in accordance with the Supplemental Rules of
Practice in part 50 of this chapter. Any issue unable to be resolved
under part 50 of this chapter shall be resolved or handled 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.
(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
[[Page 20]]
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; 84 FR 48556, Sept. 16, 2019]
Sec. 54.12 [Reserved]
Sec. 54.13 Accessibility and refrigeration of products; access to
establishments; suitable work environment; and access to records.
(a) The applicant shall make products easily accessible for
examination, with appropriate and adequate illuminating facilities, in
order to disclose their class, grade, other quality characteristics, and
compliance with official standards or other contractual requirements for
which service is being provided. Supervisors of grading and other
employees of the Department responsible for maintaining uniformity and
accuracy of service 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 that 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 be furnished only for meat that an official
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. Meat that is presented in a frozen condition is
not 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 will be graded only after the hide is removed and only in the
establishment where such removal occurs).
(c) Applicants are responsible for providing a work environment
where official graders are not subjected to physical and/or verbal
abuse, or other elements that could have a negative effect on providing
an unbiased, third-party evaluation. Applicants shall designate primary
company representatives to discuss grade placements and certification
determinations with official graders.
(d) Applicants will make products and related records (approved
labeling, technical proposals, quality plans, specifications, end
product data schedules, grade volume information, etc.) easily
accessible and provide assistance and any equipment necessary to
accomplish the requested services. Equipment may include storage
lockers/cabinets, branding ink, certified scales, food blenders,
processors, grinders, sampling containers, sanitation equipment,
thermometers, adequate lighting, weight tags, display monitors, video
equipment for monitoring live animal schedules, etc. When offering
product for grading or certification, applicants must ensure a minimum
of 90 percent acceptable product.
(e) Applicants will provide a metal cabinet(s) or locker(s) for the
secure storage of official meat grading equipment and identification
devices for each official meat grader assigned to their establishment.
Such cabinet(s) or locker(s) must be capable of being locked with a
Government-owned lock and be located in an easily accessible and secure
location within the applicant's establishment.
[84 FR 48556, Sept. 16, 2019]
[[Page 21]]
Sec. 54.14 [Reserved]
Sec. 54.15 Instrument grading.
(a) Applicants may use USDA-approved technologies to augment the
official USDA grading process for approved species presented for
official grading. This voluntary program may be utilized by a plant at
its discretion but must comply with QAD procedures to be recognized and
relied upon by the official grader in conducting official duties.
(b) Applicants have the option to augment quality and yield grading
services through the use of vision-based instrument technology.
Instrument grading may be used as an option for determining degrees of
marbling and yield factors for meat carcasses. AMS approves the grading
instrument itself and its use within individual applicant facilities.
Applicants may contact grading supervision to initiate the process for
in-plant approval. The process for instrument grading approval at an
applicant's facility is dictated through internal procedures. Final
determination of quality and yield grades is made by the official
grader.
[84 FR 48557, Sept. 16, 2019]
Sec. 54.16 Marking of products.
All products examined for class and grade under the official
standards, or the immediate containers and the shipping containers,
shall be stamped, branded, or otherwise marked with an appropriate
official identification. Except as otherwise directed by the Director,
such markings will not be required when an applicant desires only an
official memorandum. The marking of products, or their containers, as
required by this section shall be done by official graders or under
their immediate supervision.
[84 FR 48557, Sept. 16, 2019]
Sec. 54.17 Official identifications.
(a) A shield enclosing the letters ``USDA'' and identification
letters assigned to the grader performing the service, as shown in
Figure 1 to paragraph (a) of this section, constitutes a form of
official identification under the regulations for preliminary grade of
carcasses. This form of official identification may also be used to
determine the final quality grade of carcasses; one stamp equates to
``USDA Select'' or ``USDA Good''; two stamps placed together vertically
equates to ``USDA Choice''; and three stamps placed together vertically
equates to ``USDA Prime.''
[GRAPHIC] [TIFF OMITTED] TR16SE19.002
(b) A shield enclosing the letters ``USDA,'' as shown in Figure 2 to
paragraph (b) of this section, with the appropriate quality grade
designation ``Prime,'' ``Choice,'' ``Select,'' ``Good,'' ``Standard,''
``Commercial,'' ``Utility,'' ``Cutter,'' ``Canner,'' or ``Cull,'' as
provided in the United States Standards for Grades of Carcass Beef, the
United States Standards for Grades of Veal and Calf Carcasses, and the
United States Standards for Grades of 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, under said
standards, of steer, heifer, and cow beef, veal, calf, lamb, yearling
mutton, and mutton. The identification letters assigned to the grader
performing the service will appear underneath and outside of the shield.
[GRAPHIC] [TIFF OMITTED] TR16SE19.003
(c) A shield enclosing the letters ``USDA'' and the words ``Yield
Grade,'' as in Figure 3 to paragraph (c) of this section, with the
appropriate yield grade designation ``1,'' ``2,'' ``3,'' ``4,'' or ``5''
as provided in the United States
[[Page 22]]
Standards for Grades of Carcass Beef and the United States Standards for
Grades of Lamb, Yearling Mutton, and Mutton Carcasses, constitutes a
form of official identification under the regulations to 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 identification letters assigned to the
grader performing the service will appear underneath and outside of the
shield.
[GRAPHIC] [TIFF OMITTED] TR16SE19.004
(d) For combined quality and 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,'' and with the appropriate quality grade
designation of ``Prime,'' ``Choice,'' ``Select,'' ``Good,''
``Standard,'' ``Commercial,'' ``Utility,'' ``Cutter,'' ``Canner,'' or
``Cull,'' as shown in Figure 4 to paragraph (d) of this section,
constitutes a form of official identification under the regulations to
show the quality and yield grade under said standards. The
identification letters assigned to the grader performing the service
will appear underneath and outside of the shield.
[GRAPHIC] [TIFF OMITTED] TR16SE19.005
(e) Under the regulations, for yield grade identification purposes
only, a shield enclosing the letters ``US'' on one side and ``DA'' on
the other, and with the appropriate yield grade designation number
``1,'' ``2,'' ``3,'' ``4,'' or ``5,'' as shown in Figure 5 to paragraph
(e) of this section, constitutes a form of official identification under
the regulations to show the yield grade under said standards. The
identification letters assigned to the grader performing the service
will appear underneath and outside of the shield.
[GRAPHIC] [TIFF OMITTED] TR16SE19.006
(f) 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,'' ``Select,''
``Good,'' ``Standard,'' ``Commercial,'' ``Utility,'' ``Cutter,''
``Canner,'' or ``Cull,'' as shown in Figure 6 to paragraph (f) of this
section, constitutes a form of official identification under the
regulations to show the yield grade under said standards. The
identification letters assigned to the grader performing the service
will appear underneath and outside of the shield.
[GRAPHIC] [TIFF OMITTED] TR16SE19.007
(g) As shown in Figure 7 to paragraph (g) of this section, a shield
enclosing the letters ``USDA'' with the appropriate grade designation
``1,'' ``2,'' ``3,'' ``4,'' or ``Utility,'' 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 23]]
[GRAPHIC] [TIFF OMITTED] TR16SE19.008
(h) The following constitute forms of official identification under
the regulations to show compliance of products:
[GRAPHIC] [TIFF OMITTED] TR16SE19.009
[GRAPHIC] [TIFF OMITTED] TR16SE19.010
(i) [Reserved]
(j) Figure 11 to paragraph (j) of this section, constitutes official
identification to show that products produced under USDA AMS supervision
that meet specified requirements may carry the ``USDA Certified''
statement and/or ``USDA Certified'' shield, so long as each is used in
direct association with a clear description of the standard or other
requirement(s) to which the product claims to be certified.
(1) The ``USDA Certified'' shield must replicate the form and design
of the example in Figure 11 and must be printed legibly and
conspicuously:
(i) On a white background, with the term ``USDA'' in white
overlaying a blue upper third of the shield and the term ``Certified''
in black overlaying a white middle third of the shield, with no terms in
the red lower third of the shield; or
(ii) On a white or transparent background with a black trimmed
shield, with the term ``USDA'' in white overlaying a black upper third
of the shield and the term ``Certified'' in black overlaying the white
or transparent remaining two-thirds of the shield.
(2) Use of the ``USDA Certified'' statement and the ``USDA
Certified'' shield shall be approved in writing by the Director prior to
use by an applicant.
[GRAPHIC] [TIFF OMITTED] TR16SE19.012
(k) Figure 12 to paragraph (k) of this section, constitutes official
identification to show product or services produced under an approved
USDA Further Processing Certification Program (FPCP):
(1) Products produced under an approved USDA FPCP may use the ``USDA
Further Processing Certification Program'' statement and the ``USDA
Further Processing Certification Program'' shield; and
(2) The USDA Further Processing Certification Program shield must
replicate the form and design of the example in Figure 12 to paragraph
(k) of this section and must be printed legibly and conspicuously:
(i) On a white background, with the term ``USDA'' in white
overlaying a blue upper third of the shield and the terms ``USDA Further
Processing Certification Program'' in black overlaying a white middle
third of the shield, with no terms in the red lower third of the shield;
or
(ii) On a white or transparent background with a black trimmed
shield, with the term ``USDA'' in white overlaying a black upper third
of the shield and the terms ``USDA Further Processing Certification
Program'' in black overlaying the white or transparent remaining two-
thirds of the shield.
[[Page 24]]
(3) Use of the ``USDA Further Processing Certification Program''
statement and the ``USDA Further Processing Certification Program''
shield shall be approved in writing by the Director prior to use by an
applicant.
[GRAPHIC] [TIFF OMITTED] TR16SE19.013
(l)(1) One device used by official graders is the LP-36 Form, a
rectangular, serially numbered, red tag on which a shield encloses the
words ``USDA Hold.'' This device constitutes a form of official
identification under the regulations for meat and meat products.
(2) Official graders and supervisors of grading may use ``USDA
Hold'' tags or other methods and devices as approved by the
Administrator for the identification and control of meat and meat
products that are not in compliance with the regulations or are held
pending the results of an examination. Any such meat or meat product
identified shall not be used, moved, or altered in any manner; nor shall
official control identification be removed, without the expressed
permission of an authorized representative of the USDA.
[84 FR 48557, Sept. 16, 2019, as amended at 85 FR 62937, Oct. 6, 2020]
Sec. 54.18 Custody of identification devices.
(a) All identification devices used in marking products or their
containers, including those indicating compliance with approved
specifications, shall be kept in the custody of the Branch, and accurate
records shall be kept by the Branch of all such devices. Such devices
shall be distributed only to persons authorized by the Department, who
will keep the devices in their possession or control at all times.
[Reserved]
[84 FR 48562, Sept. 16, 2019]
Sec. 54.19 Appeal of a grading service decision.
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.
(a) Authority to request appeal service. A request for appeal
service with respect to any product may be made by any person who is
financially interested in the product when that person disagrees with
the original 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 official memorandum.
(b) Requesting appeal service. A request for appeal service shall be
filed with the Chief. The request shall state the reasons for appeal and
may be accompanied by a copy of any previous official report, or any
other information that 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 email). If
made orally, the person receiving the request may require that it be
confirmed in writing.
(c) Determining original service from appeal service. Examination
requested to determine the class, grade, other quality, or compliance of
a product that has been altered or has undergone a material change since
the original service, or examination of product requested for the
purpose of obtaining an official memorandum 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.
(d) Not eligible for appeal service. Grade determinations cannot be
appealed for any lot or product consisting of less than 10 similar units
or carcasses. 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.
(e) Withdrawal of appeal service. A request for appeal service may
be withdrawn by the applicant at any time before the appeal service has
been performed; however, the applicant is responsible for payment of any
expenses
[[Page 25]]
incurred by the Branch towards providing the appeal service prior to
withdrawal.
(f) 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 appears that the person or
product involved is not eligible for appeal service under Sec. 54.19(a)
and (b), 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).
(g) Who performs appeal service. Appeal service shall be performed
by the National Meat Supervisor or his or her designee.
(h) Appeal service report. Immediately after appeal service has been
performed for any products, a report shall be prepared and issued
referring specifically to the original findings and stating the class,
grade, other quality, or compliance of the products as shown by the
appeal service.
[84 FR 48562, Sept. 16, 2019]
Sec. 54.20 Exemptions.
Any exemption to the regulations must be approved by the Director.
Exemptions may include but are not limited to:
(a) Grading the meat of animals in other than carcass form if the
class, grade, and other quality attributes may be determined under the
applicable official standards.
(b) Grading in an establishment other than where the animal was
slaughtered or initially chilled if the class, grade, and other quality
attributes can be determined under the applicable official standards,
and if the identity of the carcasses can be maintained.
(c) If the Branch is unable to provide grading service in a timely
manner and the meat can be identified in conformance with the official
standards.
(d) Grading in the establishment other than where the hide is
removed, provided the meat can be identified in conformance with the
official standards.
(e) Grading imported carcasses, provided:
(1) The imported carcass is marked so that the name of the country
of origin is conspicuous to the USDA grader. The mark of foreign origin
shall be imprinted by roller brand, handstamp, tag, or other approved
method.
(2) The imprints of the mark of foreign origin have been submitted
to the Chief for the determination of compliance with these regulations
prior to use on meats offered for Federal grading.
(3) The applicant notifies the official grader performing the
service whenever imported carcasses are offered for grading.
(f) For good cause and provided that the meat can be identified in
conformance with the official standards and procedures.
[84 FR 48563, Sept. 16, 2019]
Sec. Sec. 54.21--54.26 [Reserved]
Charges for Service
Sec. 54.27 Fees and other charges for service.
(a) 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. For each calendar year, AMS will calculate the
rate for inspection, grading, or certification services, per hour per
program employee using the following formulas:
(1) Regular rate. The total AMS grading, inspection, or
certification program personnel direct pay divided by direct hours,
which is then multiplied by the next year's percentage of cost of living
increase, plus the benefits rate, plus the operating rate, plus the
allowance for bad debt rate. If applicable, travel expenses may also be
added to the cost of providing the service.
(2) Overtime rate. The total AMS grading, inspection, or
certification program personnel direct pay divided by direct hours,
which is then multiplied by the next year's percentage of cost of living
increase and then multiplied by 1.5 plus the benefits rate, plus the
operating rate, plus an allowance for bad
[[Page 26]]
debt. If applicable, travel expenses may also be added to the cost of
providing the service.
(3) Holiday rate. The total AMS grading, inspection, or
certification program personnel direct pay divided by direct hours which
is then multiplied by the next year's percentage of cost of living
increase and then multiplied by 2, plus benefits rate, plus the
operating rate, plus an allowance for bad debt. If applicable, travel
expenses may also be added to the cost of providing the service.
(b)(1) For each calendar year, based on previous fiscal year/
historical actual costs, AMS will calculate the benefits, operating, and
allowance for bad debt components of the regular, overtime and holiday
rates as follows:
(i) Benefits rate. The total AMS grading, inspection, or
certification program direct benefits costs divided by the total hours
(regular, overtime, and holiday) worked, which is then multiplied by the
next calendar year's percentage cost of living increase. Some examples
of direct benefits are health insurance, retirement, life insurance, and
Thrift Savings Plan (TSP) retirement basic and matching contributions.
(ii) Operating rate. The total AMS grading, inspection, or
certification program operating costs divided by total hours (regular,
overtime, and holiday) worked, which is then multiplied by the
percentage of inflation.
(iii) Allowance for bad debt rate. Total AMS grading, inspection, or
certification program allowance for bad debt divided by total hours
(regular, overtime, and holiday) worked.
(2) The calendar year cost of living expenses and percentage of
inflation factors used in the formulas in this section are based on the
most recent Office of Management and Budget's Presidential Economic
Assumptions.
(c) Fees for service--(1) On a scheduled basis. Minimum fees for
service performed under a scheduled agreement or an agreement by
memorandum will be based on 8 hours per day, Monday through Friday,
excluding observed Federal legal holidays occurring Monday through
Friday on which no grading and certification services are performed. The
Agency reserves the right to use any grader assigned to the plant under
a scheduled agreement to perform service for other applicants and no
charge will be assessed to the scheduled applicant for the number of
hours charged to the other applicant. Charges to plants are as follows:
(i) The regular hourly rate will be charged for hours worked in
accordance with the approved tour of duty on the application for service
between the hours of 6 a.m. and 6 p.m.
(ii) The overtime rate will be charged for hours worked in excess of
the approved tour of duty on the application for service.
(iii) The holiday hourly rate will be charged for hours worked on
observed legal holidays.
(iv) The night differential rate (for regular or overtime hours)
will be charged for hours worked between 6 p.m. and 6 a.m.
(v) The Sunday differential rate (for regular or overtime hours)
will be charged for hours worked on a Sunday.
(2) On an unscheduled basis. Minimum fees for service performed
under an unscheduled basis agreement will be based on the time required
to render the service, calculated to the nearest 15-minute period,
including official grader's travel and certificate, memorandum, and/or
report preparation time performed 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. Charges to plants are as
follows:
(i) The regular hourly rate will be charged for the first 8 hours
worked per grader per day for all days except observed legal holidays.
(ii) The overtime rate will be charged for hours worked in excess of
8 hours per grader per day for all days except observed legal holidays.
(iii) The holiday hourly rate will be charged for hours worked on
observed legal holidays.
(d) 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, including the time required for the preparation of
certificates and travel of such
[[Page 27]]
graders in connection with the performance of the service. 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.
(e) 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, 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. The fee
for copies of certificates will be determined using the formulas in this
section.
[79 FR 67321, Nov. 13, 2014, as amended at 84 FR 49641, Sept. 23, 2019]
Sec. 54.28 Payment of fees and other charges.
Fees and other charges for service must 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 will remit by
check, electronic funds transfer, draft, or money order made payable to
the National Finance Center. Payment for the service must be made in
accordance with directions on the billing statement, and such fees and
charges must be paid in advance if required by the official grader or
other authorized official.
[84 FR 49641, Sept. 23, 2019]
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 [Reserved]
Sec. 54.31 OMB control number.
The information collection and recordkeeping requirements of this
part have been approved by OMB under 44 U.S.C. Chapter 35 and have been
assigned OMB Control Number 0581-0128.
[84 FR 48563, Sept. 16, 2019]
Subpart B [Reserved]
Subpart C_Provisions 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 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
[[Page 28]]
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 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).
[[Page 29]]
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 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;
[[Page 30]]
(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.
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.
[[Page 31]]
(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 the
official identification symbol on officially accepted equipment and in
descriptive or promotional materials.
[[Page 32]]
[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
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.
[[Page 33]]
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 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
[[Page 34]]
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 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
[[Page 35]]
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.
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
[[Page 36]]
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 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.
General
56.3 Administration.
56.4 Basis of grading service.
56.5 Accessibility of product.
56.6 Supervision.
56.7 Nondiscrimination.
56.8 Other applicable regulations.
56.9 OMB control number.
Licensed and Authorized Graders
56.10 Who may be licensed and authorized.
56.11 Financial interest of graders.
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 Equipment and facilities for graders.
56.18 Schedule of operation of official plants.
56.19 Prerequisites to grading.
Application for Grading Service
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 Rejection of application.
56.25 Withdrawal of application.
56.26 Authority of applicant.
56.27 Order of service.
56.28 Types of service.
56.29 Suspension or withdrawal of plant approval for correctable cause.
56.30 Application for grading service in official plants; approval.
Reports
56.31 Report of grading work.
56.32 Information to be furnished to graders.
56.33 Report of violations
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 shell eggs.
56.38 Retention authorities.
Prerequisites to Packaging Shell Eggs Identified With Grademarks
56.39 Quality assurance inspector required.
56.40 Grading requirements of shell eggs identified with grademarks.
56.41 Check grading officially identified product.
56.42-56.43 [Reserved]
Fees and Charges
56.45 Payment of fees and charges.
56.46 Charges for service on an unscheduled basis.
56.47 Fees for appeal grading or review of a grader's decision.
56.49 Travel expenses and other charges.
56.52 Charges for services on a scheduled basis.
56.53 Fees or charges for grading service performed under cooperative
agreement.
56.54 [Reserved]
Grading Certificates
56.55 Forms.
56.56 Issuance.
56.57 Disposition.
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.
Denial of Service
56.68 Debarment.
56.69 Misrepresentation, deceptive, or fraudulent act or practice.
56.70 Use of facsimile forms.
56.71 Willful violation of the regulations.
56.72 Interfering with a grader or employee of the AMS.
56.73 Misleading labeling.
56.74 Miscellaneous.
[[Page 37]]
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.
Subpart B [Reserved]
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. Unless the context otherwise requires, the terms shall
have the following meaning:
Acceptable means suitable for the purpose intended by the AMS.
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 AMS 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 the Administrator's stead.
Agricultural Marketing Service or AMS means the Agricultural
Marketing Service of the Department.
Ambient temperature means the air temperature maintained in an egg
storage facility or transport vehicle.
Applicant means any interested person who requests any grading
service.
Cage mark means any stain-type mark caused by an egg coming in
contact with a material that imparts a rusty or blackish appearance to
the shell.
Case means, when referring to containers, an egg case, as used in
commercial practice in the United States, holding 30 dozens of shell
eggs.
Chief of the Grading Branch means the Chief of the Grading Branch,
Poultry Programs, AMS.
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 characteristic detected by sensory examination
(visual, touch, or odor), including the state of preservation,
cleanliness, soundness, or fitness for human food that affects the
marketing of the product.
Consumer grades means U.S. Grade AA, A, and B.
Department means the United States Department of Agriculture (USDA).
Eggs of current production means shell eggs that are no more than 21
days old.
Grademark means the official identification symbol (shield) used to
identify eggs officially graded according to U.S. consumer grade
standards.
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: (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 AMS; (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 the regulations in this part,
relative to the class, quantity, quality, or condition of products.
Holiday or legal holiday means the legal public holidays specified
by the
[[Page 38]]
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.
Interested party means any person financially interested in a
transaction involving any grading, appeal grading, or regrading of any
product.
National supervisor means (a) the officer in charge of the shell egg
grading service of the AMS, and (b) other employees of the Department
designated by the national supervisor.
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.
Observed legal holiday. When a holiday falls on a weekend--Saturday
or Sunday--the holiday usually is observed on Monday (if the holiday
falls on Sunday) or Friday (if the holiday falls on Saturday).
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.
Official standards means the official U.S. standards grades, and
weight classes for shell eggs maintained by and available from Poultry
Programs, AMS.
Officially identified means eggs that have official marks applied to
the product under the authority of the AMS in accordance with the act
and its regulations.
Origin grading means a grading made on a lot of eggs at a plant
where the eggs are graded and packed.
Packaging means the primary or immediate container in which eggs are
packaged and which serves to protect, preserve, and maintain the
condition of the eggs.
Packing means the secondary container in which the primary or
immediate container is placed to protect, preserve, and maintain the
condition of the eggs during transit or storage.
Person means any individual, partnership, association, business
trust, corporation, or any organized group of persons, whether
incorporated or not.
Potable water means water that has been approved by the State health
authority or agency or laboratory acceptable to the Administrator as
safe for drinking and suitable for food processing.
Product or products means shell eggs of the domesticated chicken.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Quality assurance inspector means any designated company employee
other than the plant owner, manager, foreman, or supervisor, authorized
by the Secretary to examine product and to supervise the labeling,
dating, and lotting of officially graded shell eggs and to assure that
such product is packaged under sanitary conditions, graded by authorized
personnel, and maintained under proper inventory control until released
by an employee of the Department.
Regional director means any employee of the Department in charge of
the shell egg grading service in a designated geographical area.
Regulations means the provisions in this entire part and such United
States standards, grades, and weight classes as may be in effect at the
time grading is performed.
Sampling means the act of taking samples of any product for grading
or certification.
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 the Secretary's stead.
Shell egg grading service means the personnel who are actively
engaged in the administration, application, and direction of shell egg
grading programs and services pursuant to the regulations in this part.
Shell eggs means shell eggs of domesticated chickens.
Shell protected means eggs which have had a protective covering such
as oil
[[Page 39]]
applied to the shell surface. The product used shall be acceptable to
the Food and Drug Administration.
Shipped for retail sale means shell eggs that are forwarded from the
processing facility for distribution to the ultimate consumer.
State supervisor or Federal-State supervisor means any authorized
and designated individual who is in charge of the shell egg grading
service in a State.
United States Standards for Quality of Individual Shell Eggs means
the official U.S. Standards, Grades, and Weight Classes for Shell Eggs
(AMS 56) that are maintained by and available from Poultry Programs,
AMS.
United States Standards, Grades, and Weight Classes for Shell Eggs
(AMS 56) means the official U.S. standards, grades, and weight classes
for shell eggs that are maintained by and available from Poultry
Programs, AMS.
Washed ungraded eggs means eggs which have been washed and that are
either sized or unsized, but not 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 at www.govinfo.gov.
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 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]
General
Sec. 56.3 Administration.
The Administrator shall perform, for and under the supervision of
the Secretary, such duties as the Secretary
[[Page 40]]
may require in the enforcement or administration of the provisions of
the Act and the regulations in 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 AMS and its officers and employees shall not be liable in damages
through acts of commission or omission in the administration of this
part.
[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; 71 FR 42007, July 24, 2006]
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 for Egg Shells.'' 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, as amended at 71 FR 42007, July 24, 2006]
Sec. 56.5 Accessibility 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 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 the
containers thereof to be corrected prior
[[Page 41]]
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, as amended at 71 FR 42008, July 24, 2006]
Sec. 56.7 Nondiscrimination.
The conduct of all services and the licensing of graders under these
regulations shall be accomplished without discrimination as to race,
color, national origin, sex, religion, age, disability, political
beliefs, sexual orientation, or marital or family status.
[71 FR 42008, July 24, 2006]
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 number.
(a) Purpose. The collecting of information requirements in this part
has been approved by the Office of Management and Budget (OMB) and
assigned OMB control number 0581-0128.
(b) Display.
Sections Where Information Collection Requirements Are Identified and
Described
------------------------------------------------------------------------
------------------------------------------------------------------------
56.3(a) 56.24 56.52(b)(3)(ii)
56.4(a) 56.25 56.54(b)(1)
56.10(a) 56.26 56.54(b)(3)(ii)
56.11 56.30 56.56(a)
56.12 56.31(a) 56.57
56.17(b) 56.35(b) 56.58
56.18 56.35(c) 56.60
56.21(a) 56.37 56.62
56.21(b) 56.52(a)(1) 56.76(f)(7)
56.21(c) 56.52(a)(4) 56.76(h)
56.23 56.52(b)(1)
------------------------------------------------------------------------
[71 FR 42008, July 24, 2006; 71 FR 47564, Aug. 17, 2006]
Licensed and Authorized Graders
Sec. 56.10 Who may be licensed and authorized.
(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 shell egg grading service of the AMS or any
other designated officer.
(c) Any person, who is employed at any official plant and possesses
proper qualifications, as determined by the Administrator, may be
authorized to candle and grade eggs on the basis of the ``U.S. Standards
for Quality of Individual Shell Eggs,'' with respect to eggs purchased
from producers or eggs to be packaged with official identification. In
addition, such authorization may be granted to any qualified person to
act as a ``quality assurance inspector'' in the packaging and grade
labeling of products. No person to whom such authorization is granted
shall have authority to issue any grading certificates, grading
memoranda, or other official documents; and all eggs which are graded by
any such person shall thereafter be check graded by a grader.
[71 FR 42008, July 24, 2006]
Sec. 56.11 Financial interest of graders.
Graders shall not render service on any product in which they are
financially interested.
[71 FR 42008, July 24, 2006]
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 such
action is deemed necessary to assure that any grading service is
properly performed, suspend any license to perform grading service
issued pursuant to this part, by
[[Page 42]]
giving notice of such suspension or revocation 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 the licensee may wish to offer as to
why their 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 deemed
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.
[71 FR 42008, July 24, 2006]
Sec. 56.13 Cancellation of license.
Upon termination of the services of a licensed grader, the grader's
license shall be immediately surrendered for cancellation.
[71 FR 42008, July 24, 2006]
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 the licensee 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, as amended at 71
FR 42008, July 24, 2006]
Sec. 56.15 Political activity.
Federal graders may participate in certain political activities,
including management of and participation in political campaigns, in
accordance with AMS policy. Graders are subject to these rules while
they are on leave with or without pay, including furlough; however the
rules do not apply to cooperative employees not under Federal
supervision and intermittent employees on the days they perform no
service. Willful violations of the political activity rules will
constitute grounds for removal from the AMS.
[71 FR 42008, July 24, 2006]
Sec. 56.16 Identification.
Graders shall have in their possession at all times, and present
upon request while on duty, the means of identification furnished to
them by the Department.
[71 FR 42008, July 24, 2006]
Sec. 56.17 Equipment and facilities for graders.
Equipment and facilities to be furnished by the applicant for use of
graders in performing service on a resident basis shall include, but not
be limited to, the following:
(a)(1) An accurate metal stem thermometer;
(2) Electronic digital-display scales graduated in increments of \1/
10\-ounce or less for weighing individual eggs and test weights for
calibrating such scales. Plants packing product based on metric weight
must provide scales graduated in increments of 1-gram or less;
(3) Electronic digital-display scales graduated in increments of \1/
4\-ounce or less for weighing the lightest and heaviest consumer
packages packed in the plant and test weights for calibrating such
scales;
(4) Scales graduated in increments of \1/4\-pound or less for
weighing shipping containers and test weights for calibrating such
scales;
(5) Two candling lights that provide a sufficient combined
illumination through both the aperture and downward through the bottom
to facilitate accurate interior and exterior quality determinations.
(6) A candling booth adequately darkened and located in close
proximity to the work area that is reasonably free of excessive noise.
The booth must be sufficient in size to accommodate two graders, two
candling lights, and other necessary grading equipment.
(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 supplies, and other facilities and equipment as
may otherwise be required. Such space and equipment must
[[Page 43]]
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; 69 FR 76375, Dec. 21, 2004; 71 FR 42008, July 24, 2006]
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]
Sec. 56.19 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.
[71 FR 42008, July 24, 2006]
Application for Grading Service
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 any authorized agent of the
United States, any State, county, municipality, or common carrier.
[71 FR 42009, July 24, 2006]
Sec. 56.21 How application for service may be made; conditions of
service.
(a) Application. (1) Any person may apply for service with respect
to products in which he or she has a financial interest by completing
the required application for service. In any case in which the service
is intended to be furnished at an establishment not operated by the
applicant, the application must be approved by the operator of such
establishment and such approval shall constitute an authorization for
any employee of the Department to enter the establishment for the
purpose of performing his or her functions under the regulations in this
part. The application must include:
(i) Name and address of the establishment at which service is
desired;
(ii) Name and mailing address of the applicant;
(iii) Financial interest of the applicant in the products, except
where application is made by a representative of a Government agency in
the representative's official capacity;
(iv) Signature of the applicant (or the signature and title of the
applicant's representative);
(v) Indication of the legal status of the applicant as an
individual, partnership, corporation, or other form of legal entity; and
(vi) The legal designation of the applicant's business as a small or
large business, as defined by the U.S. Small Business Administration's
North American Industry Classification System (NAICS) Codes.
(2) 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 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. Any change in such
status, at any time while service is being received, shall be promptly
reported by the person receiving the service to the grading office
designated by the Director or Chief to process such requests.
[[Page 44]]
(b) Notice of eligibility for service. The applicant will be
notified whether the application is approved or denied.
[84 FR 49641, Sept. 23, 2019]
Sec. 56.22 Filing of application.
An application for grading service shall be regarded as filed only
when made pursuant to the regulations in this part.
[71 FR 42009, July 24, 2006]
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 Rejection of application.
(a) An application for grading service may be rejected by the
Administrator:
(1) Whenever the applicant fails to meet the requirements of the
regulations prescribing the conditions under which the service is made
available;
(2) Whenever the product is owned by or located on the premises of a
person currently denied the benefits of the Act;
(3) 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;
(4) 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;
(5) Whenever the applicant, after an initial survey has been made in
accordance with the regulations, fails to bring the grading facilities
and equipment into compliance with the regulations within a reasonable
period of time;
(6) Notwithstanding any prior approval whenever, before inauguration
of service, the applicant fails to fulfill commitments concerning the
inauguration of the service;
(7) 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
(8) 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. 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.
[71 FR 42009, July 24, 2006]
Sec. 56.25 Withdrawal of Application.
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 AMS in connection with such
application.
[71 FR 42009, July 24, 2006]
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 and
subject to the availability of qualified graders, in the order in which
applications therefore are made except that precedence
[[Page 45]]
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, as amended at 71 FR
42009, July 24, 2006]
Sec. 56.28 Types of service.
(a) Noncontinuous grading service. Service is performed on an
unscheduled basis, with no scheduled tour of duty, and when an applicant
requests grading of a particular lot of shell eggs. Charges or fees are
based on the time, travel, and expenses needed to perform the work. This
service may be referred to as unscheduled grading service. Shell eggs
graded under unscheduled grading service are not eligible to be
identified with the official grademarks shown in Sec. 56.36.
(b) Continuous grading service on a scheduled basis. Service on a
scheduled basis has a scheduled tour of duty and is performed when an
applicant requests that a USDA licensed grader be stationed in the
applicant's processing plant and grade shell eggs in accordance with
U.S. Standards. The applicant agrees to comply with the facility,
operating, and sanitary requirements of scheduled service. Minimum fees
for service performed under a scheduled agreement will be based on the
hours of the regular tour of duty. Shell eggs graded under scheduled
grading service are eligible to be identified with the official
grademarks shown in Sec. 56.36 only when processed and graded under the
supervision of a grader or quality assurance inspector as provided in
Sec. 56.39.
(c) Temporary grading service. Service is performed when an
applicant requests an official plant number with service provided on an
unscheduled basis. The applicant must meet all facility, operating, and
sanitary requirements of continuous service. Charges or fees are based
on the time and expenses needed to perform the work. Shell eggs graded
under temporary grading service are eligible to be identified with the
official grademarks only when they are processed and graded under the
supervision of a grader or quality assurance inspector as provided in
Sec. 56.39.
[84 FR 49642, Sept. 23, 2019]
Sec. 56.29 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 grading 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, the Administrator shall initiate withdrawal action
pursuant to the Rules of Practice Governing Formal Adjudicatory
Proceedings (7 CFR part 1, subpart H), and the operator shall be
afforded an opportunity for an oral hearing upon written request in
accordance with such Rules of Practice, with respect to the merits or
validity
[[Page 46]]
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 labels, seals,
tags, or packaging material bearing official identification shall, under
the supervision of a person designated by the AMS, either be destroyed
or the official identification completely obliterated or sealed in a
manner acceptable to the AMS.
(d) In any case where grading service is withdrawn under this
section, the person concerned may thereafter apply for grading service
as provided in Sec. Sec. 56.20 through 56.29 of these regulations.
[71 FR 42009, July 24, 2006]
Sec. 56.30 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: When application has been
filed for grading service, as aforesaid, the State supervisor or the
supervisor's assistant shall examine the grading office, facilities, and
equipment and specify any facility or equipment modifications needed for
the service. When the plant survey has been completed and approved in
accordance with the regulations in this part, service may be installed.
[71 FR 42009, July 24, 2006]
Reports
Sec. 56.31 Report of grading work.
Reports of grading work performed within official plants shall be
forwarded to the Administrator by the grader in a manner as may be
specified by the Administrator.
[71 FR 42010, July 24, 2006]
Sec. 56.32 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.
[71 FR 42010, July 24, 2006]
Sec. 56.33 Report 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 such grader has knowledge.
[71 FR 42010, July 24, 2006]
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
[[Page 47]]
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 on
the labeling of 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; 71 FR 42010, July 24, 2006]
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 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.
[[Page 48]]
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[GRAPHIC] [TIFF OMITTED] TR19MR98.012
[GRAPHIC] [TIFF OMITTED] TR19MR98.013
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[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 shell eggs.
Shell eggs identified with the grademarks shown in Sec. 56.36 shall
be legibly lot numbered on either the individual egg, 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; 69 FR 76376, Dec. 21, 2004]
Sec. 56.38 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. Redesignated at
71 FR 42010, July 24, 2006]
[[Page 49]]
Prerequisites to Packaging Shell Eggs Identified With Grademarks
Sec. 56.39 Quality assurance inspector required.
The official identification with the grademark of any 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; 69 FR 76376, Dec. 21, 2004]
Sec. 56.40 Grading requirements of shell eggs identified with 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) In order to be officially identified with a USDA consumer
grademark, shell eggs shall:
(1) Be eggs of current production;
(2) Not possess any undesirable odors or flavors;
(3) Not have previously been shipped for retail sale;
(4) Not originate from a layer house environment determined positive
for the presence of Salmonella Enteritidis (SE), unless the eggs from
the layer house have been sampled and have tested negative for the
presence of SE in the eggs; and
(5) Not originate from eggs testing positive for SE, or not have
been subject to a product recall.
[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; 69 FR 76376,
Dec. 21, 2004; 71 FR 20292, Apr. 19, 2006; 81 FR 63676, Sept. 16, 2016]
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 of fees and charges.
(a) Fees and charges for any grading service must 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 through 56.53, inclusive.
(b) Fees and charges for any grading service shall, unless otherwise
required pursuant to paragraph (c) of this section, be paid by check,
electronic funds transfer, draft, or money order made payable to the
National Finance Center. Payment for the service must be made in
accordance with directions on the billing statement, and such fees and
charges must be paid in advance if required by the official grader or
other authorized official.
(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, as amended at 71 FR 42010, July 24, 2006; 84 FR 49642,
Sept. 23, 2019]
[[Page 50]]
Sec. 56.46 Charges for service on an unscheduled 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 an unscheduled basis shall be based on the applicable formulas
specified in this section. For each calendar year or crop year, AMS will
calculate the rate for grading services, per hour per program employee
using the following formulas:
(1) Regular rate. The total AMS grading program personnel direct pay
divided by direct hours, which is then multiplied by the next year's
percentage of cost of living increase, plus the benefits rate, plus the
operating rate, plus the allowance for bad debt rate. If applicable,
travel expenses may also be added to the cost of providing the service.
(2) Overtime rate. The total AMS grading program personnel direct
pay divided by direct hours, which is then multiplied by the next year's
percentage of cost of living increase and then multiplied by 1.5 plus
the benefits rate, plus the operating rate, plus an allowance for bad
debt. If applicable, travel expenses may also be added to the cost of
providing the service.
(3) Holiday rate. The total AMS grading program personnel direct pay
divided by direct hours, which is then multiplied by the next year's
percentage of cost of living increase and then multiplied by 2, plus
benefits rate, plus the operating rate, plus an allowance for bad debt.
If applicable, travel expenses may also be added to the cost of
providing the service.
(b)(1) For each calendar year, based on previous fiscal year/
historical actual costs, AMS will calculate the benefits, operating, and
allowance for bad debt components of the regular, overtime and holiday
rates as follows:
(i) Benefits rate. The total AMS grading program direct benefits
costs divided by the total hours (regular, overtime, and holiday)
worked, which is then multiplied by the next calendar year's percentage
cost of living increase. Some examples of direct benefits are health
insurance, retirement, life insurance, and Thrift Savings Plan (TSP)
retirement basic and matching contributions.
(ii) Operating rate. The total AMS grading program operating costs
divided by total hours (regular, overtime, and holiday) worked, which is
then multiplied by the percentage of inflation.
(iii) Allowance for bad debt rate. Total AMS grading program
allowance for bad debt divided by total hours (regular, overtime, and
holiday) worked.
(2) The calendar year cost of living expenses and percentage of
inflation factors used in the formulas in this section are based on the
most recent Office of Management and Budget's Presidential Economic
Assumptions.
(c) Fees for unscheduled grading services will be based on the time
required to perform the services. The hourly charges shall include the
time actually required to perform the grading, waiting time, travel
time, and any clerical costs involved in issuing a certificate. Charges
to plants are as follows:
(1) The regular hourly rate shall be charged for the first 8 hours
worked per grader per day for all days except observed legal holidays.
(2) The overtime rate shall be charged for hours worked in excess of
8 hours per grader per day for all days except observed legal holidays.
(3) The holiday hourly rate will be charged for hours worked on
observed legal holidays.
[79 FR 67322, Nov. 13, 2014, as amended at 84 FR 49642, Sept. 23, 2019;
85 FR 62937, Oct. 6, 2020]
Sec. 56.47 Fees for appeal grading or review of a grader's decision.
The costs of an appeal grading or review of a grader's decision
shall be borne by the appellant on an unscheduled 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.
[84 FR 49642, Sept. 23, 2019]
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 AMS in connection with rendering grading
service. Such
[[Page 51]]
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, as amended at 71 FR 42010, July 24, 2006]
Sec. 56.52 Charges for services on a scheduled basis.
Fees to be charged and collected for any grading service, other than
for an appeal grading, on a scheduled grading basis, will be determined
based on the formulas in this part. 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
National Finance Center. 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 are payable upon receipt.
(1) When a signed application for service has been received, the
State supervisor or his designee will complete a plant survey pursuant
to Sec. 56.30. The costs for completing the plant survey will be
charged to the applicant on an unscheduled basis as described in Sec.
56.46. No charges will be assessed 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 or
graders(s) for a period of 6 months, the application will be considered
terminated. 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) Charges for the cost of each grader assigned to a plant will be
calculated as described in Sec. 56.46. Minimum fees for service
performed under a scheduled agreement shall be based on the hours of the
regular tour of duty. The Agency reserves the right to use any grader
assigned to the plant under a scheduled agreement to perform service for
other applicants except that no charge will be assessed to the scheduled
applicant for the number of hours charged to the other applicant.
Charges to plants are as follows:
(i) The regular hourly rate shall be charged for hours worked in
accordance with the approved tour of duty on the application for service
between the hours of 6 a.m. and 6 p.m.
(ii) The overtime rate shall be charged for hours worked in excess
of the approved tour of duty on the application for service.
(iii) The holiday hourly rate will be charged for hours worked on
observed legal holidays.
(iv) The night differential rate (for regular or overtime hours)
will be charged for hours worked between 6 p.m. and 6 a.m.
(v) The Sunday differential rate (for regular or overtime hours)
will be charged for hours worked on a Sunday.
(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, plus actual travel expenses incurred by AMS.
(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.
(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;
[[Page 52]]
(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 affecting Sec.
56.52, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
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 [Reserved]
Grading Certificates
Sec. 56.55 Forms.
Grading certificates and sampling report forms (including appeal
grading certificates and regrading certificates) shall be issued on
forms approved by the Administrator.
[71 FR 42010, July 24, 2006]
Sec. 56.56 Issuance.
(a) Resident grading basis. Certificates will be issued only upon
request therefor by the applicant or the AMS. When requested, a grader
shall issue a certificate covering product graded by such grader. 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
the grader's authorized agent, issue a grading certificate covering each
product graded by such grader. 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
the agent's name and the grader's name, e.g., ``John Doe by Mary Roe.''
[71 FR 42010, July 24, 2006]
Sec. 56.57 Disposition.
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 the applicant's
designee. 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; 71 FR 42010, July
24, 2006]
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
electronically transmitted to the applicant, or to the applicant's
designee, at the applicant's expense.
[69 FR 76376, Dec. 21, 2004]
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,
[[Page 53]]
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 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.
[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 71
FR 42010, July 24, 2006]
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 one
or more licensed graders assigned by the immediate supervisor.
(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; 71 FR 42010, July 24, 2006]
Sec. 56.65 Procedures for appeal gradings.
(a) The appeal sample shall consist of product taken from the
original sample container plus an equal number of samples selected at
random.
(b) When the original samples are not available or have been
altered, such as the removal of undergrades, the appeal
[[Page 54]]
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; 69 FR 76376, Dec.
21, 2004; 71 FR 42010, July 24, 2006]
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 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.
[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 71
FR 42010, July 24, 2006]
Denial of Service
Sec. 56.68 Debarment.
The acts or practices set forth in Sec. Sec. 56.69 through 56.74,
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 specified period. The Rules of Practice Governing Formal
Adjudicatory Proceedings (7 CFR part 1, subpart H) shall be applicable
to such debarment action.
[71 FR 42011, July 24, 2006]
Sec. 56.69 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:
(a) The making or filing of an application for any grading service,
appeal, or regrading service;
(b) The making of the product accessible for sampling or 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.
[71 FR 42011, July 24, 2006]
Sec. 56.70 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.
[71 FR 42011, July 24, 2006]
Sec. 56.71 Willful violation of the regulations.
Any willful violation of the regulations in this part or the Act.
[71 FR 42011, July 24, 2006]
Sec. 56.72 Interfering with a grader or employee of the AMS.
Any interference with or obstruction or any attempted interference
or obstruction of or assault upon any graders, licensees, or employees
of the AMS in the performance of their duties. The giving or offering,
directly or indirectly, of any money, loan, gift, or anything of value
to an employee of the AMS or the making or offering of any contribution
to or in any way supplementing the salary, compensation or expenses of
an employee of the AMS or the offering or entering into a private
contract or agreement with an employee of the AMS for any services
[[Page 55]]
to be rendered while employed by the AMS.
[71 FR 42011, July 24, 2006]
Sec. 56.73 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.
[71 FR 42011, July 24, 2006]
Sec. 56.74 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.
[71 FR 42011, July 24, 2006]
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 or temporary basis.
[69 FR 76376, Dec. 21, 2004]
Sec. 56.76 Minimum facility and operating requirements for shell egg
grading and packing plants.
(a) Applicants must comply with all applicable Federal, State and
local government occupational safety and health regulations.
(b) General requirements for premises, buildings and plant
facilities. (1) The outside premises shall be free from refuse, rubbish,
waste, unused equipment, and other materials and conditions which
constitute a source of odors or a harbor for insects, rodents, and other
vermin.
(2) The outside premises adjacent to grading, packing, cooler, and
storage rooms must be properly graded and well drained to prevent
conditions that may constitute a source of odors or propagate insects or
rodents.
(3) Buildings shall be of sound construction so as to prevent,
insofar as practicable, the entrance or harboring of vermin.
(4) Grading and packing rooms shall be of sufficient size to permit
installation of necessary equipment and conduct 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.
(5) The floors, walls, ceilings, partitions, and other parts of the
grading and packing rooms including benches and platforms shall be
constructed of materials that are readily cleanable, maintained in a
sanitary condition, and impervious to moisture in areas exposed to
cleaning solutions or moist conditions. The floors shall be constructed
as to provide proper drainage.
(6) Adequate toilet accommodations which are conveniently located
and separated from the grading and packing rooms are to be provided.
Handwashing facilities shall be provided with hot and cold running
water, an acceptable handwashing detergent, and a sanitary method for
drying hands. Toilet rooms shall be ventilated to the outside of the
building and be maintained in a clean and sanitary condition. Signs
shall be posted in the toilet rooms instructing employees to wash their
hands before returning to work. In new or remodeled construction, toilet
rooms shall be located in areas that do not open directly into
processing rooms.
(7) 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.
(8) Adequate packing and packaging storage areas are to be provided
that protect packaging materials and are dry and maintained in a clean
and sanitary condition.
(c) Grading and packing 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 reflection of light that interfere with, or
prohibit the accurate quality determination of eggs in the grading or
candling areas.
(2) The grading and candling equipment shall provide adequate light
to facilitate quality determinations. When needed, other light sources
and
[[Page 56]]
equipment or facilities shall be provided to permit the detection and
removal of stained and dirty eggs or other undergrade eggs.
(3) The grading and candling equipment must be sanitarily designed
and constructed to facilitate cleaning. Such equipment shall be kept
reasonably clean during grading and packing operations and be thoroughly
cleaned at the end of each operating day.
(4) Egg weighing equipment shall be constructed of materials to
permit cleaning; operated in a clean, sanitary manner; and shall be
capable of ready adjustment.
(5) Adequate ventilation, heating, and cooling shall be provided
where needed.
(d) Cooler room requirements. (1) Cooler rooms holding shell eggs
that are identified with a consumer grade shall be refrigerated and
capable of maintaining an ambient temperature no greater than 45 [deg]F
(7.2 [deg]C) and equipped with humidifying equipment capable of
maintaining a relative humidity which will minimize shrinkage.
(2) Accurate thermometers and hygrometers shall be provided for
monitoring cooler room temperatures and relative humidity.
(3) Cooler rooms shall be free from objectionable odors and from
mold, and shall be maintained in a sanitary condition.
(e) Shell egg protecting operations. (1) Shell egg protecting (oil
application) operations shall be conducted in a manner to avoid
contamination of the product and maximize conservation of its quality.
(2) Component equipment within the shell egg protecting system,
including holding tanks and containers, must be sanitarily designed and
maintained in a clean and sanitary manner, and the application equipment
must provide an adequate amount of oil for shell coverage of the volume
of eggs processed.
(3) Eggs with excess moisture on the shell shall not be shell
protected.
(4) Oil having any off odor, or that is obviously contaminated,
shall not be used in shell egg protection operations. Oil is to be
filtered prior to application.
(5) The component equipment of the application system shall be
washed, rinsed, and treated with a bactericidal agent each time the oil
is removed.
(6) Adequate coverage and protection against dust and dirt shall be
provided when the equipment is not in use.
(f) Shell egg cleaning operations. (1) Shell egg washing equipment
must be sanitarily designed, maintained in a clean and sanitary manner,
and thoroughly cleaned at the end of each operating day.
(2) Shell egg drying equipment must be sanitarily designed and
maintained in a clean and sanitary manner. Air used for drying purposes
must be filtered. These filters shall be cleaned or replaced as needed
to maintain a sanitary process.
(3) The temperature of the wash water shall be maintained at 90
[deg]F (32.2 [deg]C) or higher, and shall be at least 20 [deg]F (6.7
[deg]C) warmer than the internal temperature of the eggs to be washed.
These temperatures shall be maintained throughout the cleaning cycle.
Accurate thermometers shall be provided for monitoring wash water
temperatures.
(4) Approved cleaning compounds shall be used in the wash water.
(5) 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.
(6) Replacement water shall be added continuously to the wash water
of washers. Chlorine or quaternary sanitizing rinse water may be used as
part of the replacement water, provided, they are compatible with the
washing compound. Iodine sanitizing rinse water may not be used as part
of the replacement water.
(7) 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
reduce the iron content below the maximum allowed level. Frequency
[[Page 57]]
of testing for potability and iron content shall be determined by the
Administrator. When the water source is changed, new tests are required.
(8) Waste water from the egg washing operation shall be piped
directly to drains.
(9) The washing, rinsing, and drying operations shall be continuous
and shall be completed as rapidly as possible to maximize conservation
of the egg's quality and to prevent sweating of eggs. Eggs shall not be
allowed to stand or soak in water. Immersion-type washers shall not be
used.
(10) 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.
(11) Washed eggs shall be spray-rinsed with water having a
temperature equal to, or warmer than, the temperature of the wash water.
The spray-rinse water shall contain a sanitizer that has been determined
acceptable for the intended use by the national supervisor and of not
less than 100 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.
(12) Test kits shall be provided and used to determine the strength
of the sanitizing solution.
(13) During non-processing periods, 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 that may diminish the quality of the
egg.
(14) Washed eggs shall be reasonably dry before packaging and
packing.
(15) Steam, vapors, or odors originating from the washing and
rinsing operation shall be continuously and directly exhausted to the
outside of the building.
(g) Requirements for eggs officially identified with a grademark.
(1) Shell eggs that are officially identified with a grademark shall be
placed under refrigeration at an ambient temperature no greater than 45
[deg]F (7.2 [deg]C) promptly after packaging.
(2) Eggs that are to be officially identified with the grademark
shall be packed only in new or good used packing material and new
packaging materials that are clean, free of mold, mustiness and off
odors, and must be of sufficient strength and durability to adequately
protect the eggs during normal distribution. When packed in other than
fiber packing material, the containers must be of sound construction and
maintained in a reasonably clean manner.
(h) Use of approved chemicals and compounds. (1) All egg washing and
equipment cleaning compounds, defoamers, destainers, sanitizers, inks,
oils, lubricants, or any other compound that comes into contact with the
shell eggs shall be approved by the national supervisor for their
specified use and handled in accordance with the manufacturer's
instructions.
(2) All pesticides, insecticides, and rodenticides shall be approved
for their specified use and handled in accordance with the
manufacturer's instructions.
[69 FR 76376, Dec. 21, 2004]
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]
Subpart B [Reserved]
PART 57_INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)-
-Table of Contents
Subpart A_Provisions Governing the Inspection of Eggs
General
Sec.
57.1 Definitions.
57.10 Administration.
57.13 Federal and State cooperation.
57.17 Nondiscrimination.
57.18 OMB control number.
[[Page 58]]
Scope of Inspection
57.20 Inspection in accordance with methods prescribed or approved.
57.22 Basis of service.
57.28 Inspections.
Relation to Other Authorities
57.35 Eggs in commerce.
Eggs Not Intended for Human Food
57.45 Prohibition on eggs not intended for use as human food.
Exemptions
57.100 Specific exemptions.
57.105 Suspension or termination of exemptions.
Performance of Services
57.110 Licensed inspectors.
57.112 Suspension of license or authority; revocation.
57.114 Surrender of license.
57.119 Political activity.
57.120 Financial interest of inspectors.
57.130 Identification.
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
57.300 Who may request an appeal inspection.
57.310 Where to file an appeal.
57.320 How to file an appeal.
57.330 When an application for an appeal 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.
Retention
57.426 Retention.
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.
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_Administrative Provisions Governing Proceedings Under the Egg
Products Inspection Act
Scope and Applicability of Administrative Provisions
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 59]]
Subpart A_Provisions Governing the Inspection of Eggs
General
Sec. 57.1 Definitions.
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. Unless the context otherwise requires, the following
terms shall have the following meaning:
Acceptable means suitable for the purpose intended by the
Agricultural Marketing Service.
Act means the applicable provisions of the Egg Products Inspection
Act, as amended, (Pub. L. 91-597, 84 Stat. 1620 et seq.).
Administrator means the Administrator of 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 the Administrator's stead.
Adulterated means any egg 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 a pesticide chemical in
or on a raw agricultural commodity; a food additive; or 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.
Agricultural Marketing Service or AMS mean the Agricultural
Marketing Service of the Department.
Applicant means any interested party who requests any inspection
service.
Capable of use as human food means any egg, unless it is denatured,
or otherwise identified, as required by these regulations to deter its
use as human food.
[[Page 60]]
Chief of the Grading Branch means Chief of the Grading Branch,
Poultry Programs, AMS.
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.
Commerce means interstate, foreign, or intrastate commerce.
Condition means any characteristic affecting a products
merchantability including, but not being limited to, the following: The
state of preservation, cleanliness, soundness, wholesomeness, or fitness
for human food of any product; or the processing, handling, or packaging
which affects such product.
Container or Package mean for shell eggs, any carton, basket, case,
cart, pallet, or other receptacle.
(a) Immediate container means any package or other container in
which 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 United States Department of Agriculture.
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 an unbroken shell
with adhering dirt, or foreign material.
(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 or blood spot, 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 household consumer, who
engages in any business in commerce that involves buying or selling any
eggs or processing any egg products, or otherwise using any eggs in the
preparation of human food.
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.
Inedible egg products means dried, frozen, or liquid inedible egg
products that are unfit for human consumption.
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.
Interested party means any person financially interested in a
transaction involving any surveillance inspection service.
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, or accompanying such product.
National supervisor means:
(a) The officer-in-charge of the surveillance inspection service;
and
(b) Other employee of the Department designated by the national
supervisor.
Nest-run eggs means eggs that have been packed as they come from the
production facilities without having been washed, sized and/or candled
for
[[Page 61]]
quality, with the exception that some checks, dirties, or other obvious
undergrades may have been removed.
Office of inspection means the office of any inspector.
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 egg products processing plant means one or more buildings
or parts thereof comprising a single plant in which the plant facilities
and methods of operation therein have been approved by the Administrator
of the Food Safety Inspection Service as suitable and adequate for the
continuous inspection of egg products and in which inspection service is
carried on.
Official standards means the official U.S. standards of quality,
grades, and weight classes for shell eggs maintained by and available
from Poultry Programs, AMS.
Person means any individual, partnership, association, business
trust, corporation, or any organized group of persons, whether
incorporated or not.
Pesticide chemical, Food additive, Color additive, and Raw
agricultural commodity mean the same for purposes of this part as under
the Federal Food, Drug, and Cosmetic Act.
Plant means any place of business where eggs are processed.
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 surveillance inspection service in a designated geographical area.
Regulations means the provisions in this entire part and such U.S.
Standards, Grades, and Weight Classes for Shell Eggs as may be in effect
at the time grading is performed.
Regulatory inspector or Inspector means any Federal employee or the
employee of a cooperating agency to whom a license has been issued by
the Secretary to make such inspections as required in Sec. 57.28 of
these regulations.
Regulatory officer or staff officer means staff assistants to
regional directors who assist the regional director in administering the
surveillance inspection service.
Sampling means the act of taking samples of any product for
inspection.
Secretary means the Secretary of Agriculture or any other officer or
employee of the Department to whom the authority to act in the
Secretary's stead has been delegated.
Service means the personnel who are actively engaged in the
administration, application, and direction of the surveillance
inspection service pursuant to the regulations in this part.
Shell egg packer means any person engaged in the sorting of eggs
into their various qualities.
(a) Producer-packer means any person engaged in the sorting of eggs
from their own production into their various qualities, either
mechanically or by other means.
(b) Grading station means any person engaged in the sorting of eggs
from their own production and sources other than their own production
into their various qualities, either mechanically or by other means.
State means any State of the United States of America, the
Commonwealth of Puerto Rico, the Virgin Islands of the United States,
and the District of Columbia.
State supervisor or Federal-State supervisor means any authorized
and delegated individual who is in charge of the surveillance inspection
program in a state.
Surveillance inspection service means the official service within
the Department having the responsibility for carrying out the provisions
of the Egg Products Inspection Act under this part.
Ultimate consumer means any household consumer, restaurant,
institution, or any other party who has purchased or received shell eggs
for consumption.
Unclassified eggs means eggs that have been washed or are unwashed
and show evidence of segregating or sizing.
United States Standards, Grades, and Weight Classes for Shell Eggs
(AMS 56) means the official U.S. standards, grades, and weight classes
for shell eggs that are maintained by and available from Poultry
Programs, AMS.
[[Page 62]]
Washed ungraded eggs means eggs which have been washed and that are
either sized or unsized, but not segregated for quality.
[69 FR 57164, Sept. 24, 2004, as amended at 71 FR 12614, Mar. 13, 2006]
Sec. 57.10 Administration.
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 the
regulations in 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,
grading, inspection, 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 AMS and its officers and employees shall not be liable in damages
through acts of commission or omission in the administration of this
part.
[69 FR 57166, Sept. 24, 2004]
Sec. 57.13 Federal and State cooperation.
The Secretary shall, whenever determined necessary to effectuate the
purposes of the Act, authorize the Administrator to cooperate with
appropriate State and other governmental agencies in carrying out any
provisions of the Egg Products Inspection Act and this part. In carrying
out the provisions of the Act and the regulations in this part, the
Secretary may conduct such examinations, investigations, and inspections
as the Secretary determines practicable through any officer or employee
of any such agency commissioned by the Secretary for such purpose. The
Secretary shall reimburse the States and other agencies for the services
rendered by them stated in the cooperative agreements signed by the
Administrator and the duly authorized agent of the State or other
agency.
[69 FR 57166, Sept. 24, 2004]
Sec. 57.17 Nondiscrimination.
The conduct of all services and the licensing of inspectors under
these regulations shall be accomplished without discrimination as to
race, color, national origin, sex, religion, age, disability, political
beliefs, sexual orientation, or marital or family status.
[69 FR 57166, Sept. 24, 2004]
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.
This part provides for inspection services pursuant to the Egg
Products Inspection Act, as amended. Eggs 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, staff officer, regulatory officer, regional director, and
national supervisor.
[69 FR 57166, Sept. 24, 2004]
Sec. 57.28 Inspections.
(a) Periodic inspections shall be made of 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. 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]
[[Page 63]]
(b) Inspections shall be made of imported eggs as required in this
part.
[63 FR 69968, 69970, Dec. 17, 1998, as amended at 69 FR 57166, Sept. 24,
2004]
Relation to Other Authorities
Sec. 57.35 Eggs in commerce.
(a)(1) For eggs that moved or are moving in interstate or foreign
commerce, no State or local jurisdiction:
(i) 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
(ii) Other than states in noncontiguous areas of the United States,
may require labeling to show the State or other geographical area of
production or origin.
(2) 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 for
the purpose of preventing the distribution of eggs for human food
purposes that are in violation of this part or any other Federal acts or
State or local laws consistent therewith.
[69 FR 57166, Sept. 24, 2004]
Eggs Not Intended for Human Food
Sec. 57.45 Prohibition on eggs 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 that
are not intended for use as human food, unless they are denatured or
decharacterized, unless shipped under seal as authorized in Sec.
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, as amended at 69 FR 57166, Sept. 24,
2004]
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 that
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;
[[Page 64]]
(e) The processing and sale of egg products by any producer from
eggs of the producer's own flock when sold directly to a household
consumer exclusively for use by such consumer and members of the
consumer's household and the consumer's 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 the consumer's household and the consumer's
nonpaying guests and employees, and the transportation, possession, and
use of such eggs. Each such sale of ``restricted eggs'' shall be limited
to no more than 30 dozen eggs;
(g) The processing in nonofficial plants, including but not limited
to bakeries, restaurants, and other food processors, without continuous
inspection, of certain categories of food products which contain eggs or
egg products as an ingredient, and the sale and possession of such
products: Provided, That such products are manufactured from inspected
egg products processed in accordance with this part or from eggs
containing no more restricted eggs than are allowed in the official
standards for U.S. Consumer Grade B shell eggs;
(h) The purchase, sale, possession, or transportation of shell eggs
containing more restricted eggs than allowed in the tolerances for U.S.
Consumer Grade B shell eggs: Provided, That such eggs are handled in
accordance with 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 companies; and
(5) Processors of products not intended for use as human food.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57166, Sept. 24,
2004]
Sec. 57.105 Suspension or termination of exemptions.
(a) 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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57166, Sept. 24, 2004]
Performance of Services
Sec. 57.110 Licensed inspectors.
(a) Any person who is a Federal employee or the employee of a
cooperating agency who possesses proper qualifications as determined by
an examination for competency, and who is to perform surveillance
inspection services, may be licensed by the Secretary as an inspector.
(b) All licenses issued by the Secretary shall be countersigned by
the Administrator or by any other designated official of the service.
[69 FR 67166, Sept. 24, 2004]
Sec. 57.112 Suspension of license or authority; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform surveillance inspection services may,
whenever such action is necessary to assure that any inspection service
is properly performed, suspend or revoke any license to perform
inspection services issued pursuant to this part by giving notice of
such action to the respective licensee, accompanied by a statement of
the reasons. Within 7 days after the receipt of the suspension or
revocation notice and statement of reasons, the licensee may file an
appeal in writing to 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 7-day
period and consideration of such argument and evidence, the Secretary
will take appropriate action regarding the suspension or revocation.
When no appeal is filed within the prescribed 7 days, the license is
revoked or suspended.
[69 FR 57166, Sept. 24, 2004]
[[Page 65]]
Sec. 57.114 Surrender of license.
Each license that is canceled, suspended, revoked, or expired shall
immediately be surrendered by the licensee to the office of inspection
serving the area in which the licensee is located.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.119 Political activity.
Federal inspectors may participate in certain political activities,
including management and participation in political campaigns as allowed
by Federal regulation and AMS directives. Inspectors are subject to
these rules while they are on leave with or without pay, including
furlough; however the rules do not apply to cooperative employees not
under Federal supervision and intermittent employees on the days they
perform no service. Willfull violations of the political activity rules
constitute grounds for removal from the service.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.120 Financial interest of inspectors.
An inspector shall not inspect any product in which the inspector is
financially interested.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.130 Identification.
Each inspector shall have in their possession at all times, and
present while on duty upon request, the means of identification
furnished by the Department.
[69 FR 57167, Sept. 24, 2004]
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
identification furnished by the Department.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57166, Sept. 24, 2004]
Sec. 57.134 Accessibility of product.
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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24, 2004]
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 for 2 years
records showing the receipt, delivery, sale, movement, and disposition
of all eggs handled by them, and upon the request of an authorized
representative of the Secretary, shall permit the representative, at
reasonable times, to have access to and to copy all such records.
(b) All egg handlers shall maintain production records as approved
by the Administrator. The records (bills of sale, inventories, receipts)
shall show the name and address of the shipper and receiver, the date of
the transaction, the quality of the eggs (graded eggs, nest-run eggs,
dirties, checks, leakers, loss, inedible eggs), and the quantity of the
eggs (amount). 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.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.220 Information and assistance to be furnished to inspectors.
When surveillance 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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24, 2004]
[[Page 66]]
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
Sec. 57.300 Who may request an appeal inspection.
An appeal inspection may be requested by any interested party who is
dissatisfied with the determination by an inspector of the class,
quality, quantity, or condition of any product.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.310 Where to file an appeal.
Any interested party that is not satisfied with the determination of
the class, quality, quantity, or condition of product which was
inspected 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, as amended at 69 FR 57167, Sept. 24, 2004]
Sec. 57.320 How to file an appeal.
The request for an appeal inspection 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
that is questioned, and the reason(s) for requesting the appeal service.
[69 FR 57167, Sept. 24, 2004]
Sec. 57.330 When an application for an appeal 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 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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24, 2004]
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.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24,
2004]
Sec. 57.350 Procedures for selecting appeal samples.
(a) Products shall not have been moved from the place where the
inspection being appealed was performed and must have been maintained
under adequate refrigeration when applicable.
(b) 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 samples are not available or have been
altered, such as removing the undergrades, the sample size shall
[[Page 67]]
be double the number of samples required in 7 CFR 56.4.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24,
2004]
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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57167, Sept. 24, 2004]
Sec. 57.370 Cost of appeals.
The costs of an appeal inspection shall be borne by the appellant on
a fee basis at rates set forth in 7 CFR 56.46, plus any travel and
additional expenses. If the appeal inspection or review of an
inspector's decision discloses that a material error was made in the
original determination, no fee or expense will be charged.
[69 FR 57157, Sept. 24, 2004]
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. No product, shall be released for use until it
has been made acceptable. Such identification shall not be removed by
anyone other than an inspector.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
Registration of Shell Egg Handlers
Sec. 57.690 Person required to register.
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 Department by furnishing their name, place of business, and such
other information requested on the registration form available from the
Department. Completed forms shall be sent to the addressee indicated on
the form. Persons above who are establishing a business will be required
to register before they start operations.
[69 FR 571688, Sept. 24, 2004]
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, as amended 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) By shipping directly or indirectly to an official egg products
processing plant for segregation and processing, if a check or dirty and
if labeled in accordance with Sec. 57.800. Inedible and loss eggs shall
not be intermingled in the same container with checks and dirties.
(2) By destruction and identification in a manner approved by the
Administrator.
(i) Loss and inedible eggs shall be crushed and shall be placed in a
container 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. The approved denaturant or decharacterant
substance shall be dispersed through the product in amounts sufficient
to give the product a distinctive appearance or odor.
[[Page 68]]
(ii) The denatured and decharacterized product shall be labeled as
required in Sec. Sec. 57.840 and 57.860.
(3) By processing for industrial use or for animal food. Such
product shall be denatured or decharacterized in accordance with Sec.
57.720(a)(2) 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
processing 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 Processing Plants.''
(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 processing plant for proper
segregation and processing; or
(2) Be regraded so that they comply with the official standards; or
(3) Used as other than human food.
(c) Records shall be maintained as provided in Sec. 57.200 to
assure proper disposition.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971; 37 FR 6659, Apr.
1, 1972; 40 FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended
at 47 FR 745, Jan. 7, 1982; 60 FR 49170, Sept. 21, 1995. Redesignated at
63 FR 69970, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
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 Processing Plant,'' for
checks or dirties, or ``Restricted Eggs--Not To Be Used As Human Food,''
for inedibles, loss, and incubator rejects, or ``Unclassified 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.
[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
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
[[Page 69]]
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
importation of any egg in violation of the regulations of this part is
prohibited. 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, as amended at 69 FR 57168, Sept. 24,
2004]
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 Processing 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 processing 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.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24,
2004]
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,
that, unless otherwise approved by the Administrator contains the
following information:
(1) Name of 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, as amended at 69 FR 57168, Sept. 24,
2004]
[[Page 70]]
Sec. 57.920 Importer to make application for inspection of imported
eggs.
Each person importing any eggs as defined in these regulations,
unless exempted by Sec. 57.960 shall make application for inspection
upon LPS Form 222- Import Request. The application may be submitted to
the address located on LPS Form 222, filed through electronic submission
via [email protected], or by accessing the U.S. Customs
and Border Protection's International Trade Data System. Application
shall be made as far in advance as possible prior to the arrival of the
product. 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, and the point of first arrival in the
United States.
[81 FR 1482, Jan. 13, 2016]
Sec. 57.925 Inspection of imported eggs.
(a) Except as provided in Sec. 57.960, eggs offered for importation
from any foreign country shall be subject to inspection in accordance
with established inspection procedures, including the examination of the
labeling information on the containers, by an inspector before the
product shall be admitted into the United States. Importers will be
advised of the point where inspection will be made, and in case of small
shipments (less than carload lots), the importer may be required to move
the product to the location of the nearest inspector.
(b) Inspectors may take samples, without cost to the United States,
of any product offered for importation that is subject to 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, as amended at 69 FR 57168, Sept. 24,
2004]
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 Department or otherwise identified as provided
herein, unless already sealed with customs or consular seals in
accordance with the customs regulations. Such special seals shall be
affixed by an inspector or, if there is no inspector at such port, by a
customs officer. In lieu of sealing packages, the carrier or importer
may furnish and attach to each package of product a warning notice on
bright yellow paper, not less than 5 x 8 inches in size, containing the
following legend in black type of a conspicuous size:
(Name of Truck Line or Carrier)
Notice
This package of _____ must be delivered intact to an inspector of
the Poultry Programs, U.S. Department of Agriculture.
[[Page 71]]
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 Department, 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 Department, 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 Department 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 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, as amended at 69 FR 57168, Sept. 24,
2004]
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 that 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 Department, 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 that 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, as amended at 69 FR 57168, Sept. 24,
2004]
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]
[[Page 72]]
(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 processing 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, as amended at 69 FR 57168, Sept. 24,
2004]
Sec. 57.955 Labeling of shipping containers of eggs for importation.
(a) Shipping containers of foreign product offered for importation
shall bear a label, printed in English, showing:
(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.
(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, as amended at 69 FR 57168, Sept. 24,
2004]
Sec. 57.960 Small importations for consignee's personal use, display,
or laboratory analysis.
Any eggs that 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, as amended at 69 FR 57168, Sept. 24,
2004]
Sec. 57.965 Returned U.S. inspected and marked products; not
importations.
Products that have been inspected by the Department 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.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24,
2004]
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 that 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.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24,
2004]
[[Page 73]]
Subpart B_Administrative Provisions Governing Proceedings Under the Egg
Products Inspection Act
Source: 64 FR 40738, July 28, 1999, unless otherwise noted.
Scope and Applicability of Administrative Provisions
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, 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.
(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.
[64 FR 40738, July 28, 1999, as amended at 69 FR 57168, Sept. 24, 2004]
PART 58_GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED
PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS--Table of Contents
Subpart A_Provisions 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.
[[Page 74]]
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, sampling, and certification.
58.45 Fees for continuous resident services.
58.46 Fees for service performed under cooperative agreement.
Marking, Branding, and Identifying Product
58.49 Authority to use official identification.
58.50 Approval and form of official identification.
58.51 Information required on official identification.
58.52 Time limit for packaging inspected or graded products with
official identification.
Prerequisites to Packaging Products With Official Identification
58.53 Supervisor of packaging required.
58.54 Packing and packaging room and equipment.
58.55 Facilities for keeping quality samples.
58.56 Incubation of product samples.
58.57 Product not eligible for packaging with official identification.
Violations
58.58 Debarment of service.
Miscellaneous
58.61 Political activity.
58.62 Report of violations.
58.63 Other applicable regulations.
58.64 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
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 for milk in cans.
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.
[[Page 75]]
58.151 Packaging and repackaging.
58.152 General identification.
Storage of Finished Product
58.153 Dry storage.
58.154 Refrigerated storage.
Inspection, Grading and Official Identification
58.155 Grading.
58.156 Inspection.
58.157 Inspection or grading certificates.
58.158 Official identification.
Explanation of Terms
58.159 Terms.
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Nonfat Dry Milk, Instant Nonfat Dry Milk, Dry Whole Milk, and
Dry Buttermilk
Definitions
58.205 Meaning of words.
Rooms and Compartments
58.210 Dry storage of product.
58.211 Packaging room for bulk products.
58.212 Hopper or dump room.
58.213 Repackaging room.
Equipment and Utensils
58.214 General construction, repair and installation.
58.215 Pre-heaters.
58.216 Hotwells.
58.217 Evaporators and/or vacuum pans.
58.218 Surge tanks.
58.219 High pressure pumps and lines.
58.220 Drying systems.
58.221 Collectors and conveyors.
58.222 Dry dairy product cooling equipment.
58.223 Special treatment equipment.
58.224 Sifters.
58.225 Clothing and shoe covers.
58.226 Portable and stationary bulk bins.
58.227 Sampling device.
58.228 Dump hoppers, screens, mixers and conveyors.
58.229 Filler and packaging equipment.
58.230 Heavy duty vacuum cleaners.
Quality Specifications for Raw Materials
58.231 General.
58.232 Milk.
58.233 Skim milk.
58.234 Buttermilk.
58.235 Modified dry milk products.
Operations and Operating Procedures
58.236 Pasteurization and heat treatment.
58.237 Condensed surge supply.
58.238 Condensed storage tanks.
58.239 Drying.
58.240 Cooling dry products.
58.241 Packaging, repackaging and storage.
58.242 Product adulteration.
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.
[[Page 76]]
58.341 Repackaging.
58.342 General identification.
58.343 Storage of finished product in coolers.
58.344 Storage of finished product in freezer.
Requirements for Finished Products Bearing USDA Official Identification
58.345 Butter.
58.346 Whipped butter.
58.347 Butteroil or anhydrous milkfat.
58.348 Plastic cream.
58.349 Frozen cream.
Supplemental Specifications for Plants Manufacturing and Packaging
Cheese
Definitions
58.405 Meaning of words.
Rooms and Compartments
58.406 Starter facility.
58.407 Make room.
58.408 Brine room.
58.409 Drying room.
58.410 Paraffining room.
58.411 Rindless cheese wrapping area.
58.412 Coolers or curing rooms.
58.413 Cutting and packaging rooms.
Equipment and Utensils
58.414 General construction, repair and installation.
58.415 Starter vats.
58.416 Cheese vats, tanks and drain tables.
58.417 Mechanical agitators.
58.418 Automatic cheese making equipment.
58.419 Curd mill and miscellaneous equipment.
58.420 Hoops, forms and followers.
58.421 Press.
58.422 Brine tank.
58.423 Cheese vacuumizing chamber.
58.424 Monorail.
58.425 Conveyor for moving and draining block or barrel cheese.
58.426 Rindless cheese wrapping equipment.
58.427 Paraffin tanks.
58.428 Specialty equipment.
58.429 Washing machine.
Quality Specifications for Raw Material
58.430 Milk.
58.431 Hydrogen peroxide.
58.432 Catalase.
58.433 Cheese cultures.
58.434 Calcium chloride.
58.435 Color.
58.436 Rennet, pepsin, or other milk clotting enzymes and flavor
enzymes.
58.437 Salt.
Operations and Operating Procedures
58.438 Cheese from pasteurized milk.
58.439 Cheese from unpasteurized milk.
58.440 Make schedule.
58.441 Records.
58.442 Laboratory and quality control tests.
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.
[[Page 77]]
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.
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.
[[Page 78]]
Supplemental Specifications for Plants Manufacturing, Processing and
Packaging Evaporated and Condensed Milk or Ultra-Pasteurized Products
Definitions
58.905 Meaning of words.
Equipment and Utensils
58.912 General construction, repair and installation.
58.913 Evaporators and vacuum pans.
58.914 Fillers.
58.915 Batch or continuous in-container thermal processing equipment.
58.916 Homogenizer.
Operations and Operating Procedures
58.917 General.
58.918 Standardization.
58.919 Pre-heat, pasteurization.
58.920 Homogenization.
58.921 Concentration.
58.922 Thermal processing.
58.923 Filling containers.
58.924 Aseptic filling.
58.925 Sweetened condensed.
58.926 Heat stability.
58.927 Storage.
58.928 Quality control tests.
58.929 Frequency of sampling for quality control.
58.930 Official test methods.
58.931 General identification.
Quality Specifications for Raw Materials
58.932 Milk.
58.933 Stabilizers.
58.934 Sugars.
58.935 Chocolate and cocoa.
Requirements for Finished Products Bearing USDA Official Identification
58.936 Milk.
58.937 Physical requirements for evaporated milk.
58.938 Physical requirements and microbiological limits for sweetened
condensed milk.
Subparts C-V [Reserved]
Subpart W_United States Department of Agriculture Standard for Ice Cream
58.2825 United States Standard for ice cream.
58.2826 General identification.
58.2827 Official identification.
Authority: 7 U.S.C. 1621-1627.
Source: 23 FR 9410, Dec. 5, 1958, unless otherwise noted.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981.
Note: Compliance with these standards does not excuse failure to
comply with the provisions of the Federal Food, Drug, and Cosmetic Act.
Subpart A_Provisions 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.
[[Page 79]]
Area Supervisor means any employee of the Branch in charge of dairy
inspection or grading service in a designated geographical area.
Branch means the Dairy Inspection Branch of the Poultry and Dairy
Quality Division.
Chief means the Chief of the Branch, or any officer or employee of
the Branch to whom authority has been heretofore delegated, or to whom
authority may hereafter be delegated, to act in his stead.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same kind
or method of processing.
Condition of container means the degree of acceptability of the
container with respect to freedom from defects which affect its
serviceability, including appearance as well as usability, of the
container for its intended purpose.
Condition of product or condition is an expression of the extent to
which a product is free from defects which affect its usability,
including but not limited to, the state of preservation, cleanliness,
soundness, wholesomeness, or fitness for human food.
Continuous resident service or resident service is inspection or
grading service performed at a dairy manufacturing plant or grading
station by an inspector or grader assigned to the plant or station on a
continuous, year-round, resident basis.
Department or USDA means the U.S. Department of Agriculture.
Director means the Director of the Poultry and Dairy Quality
Division, or any other officer or employee of the Division to whom
authority has heretofore been delegated or to whom authority may
hereafter be delegated, to act in his stead.
Division means the Poultry and Dairy Quality Division of the
Agricultural Marketing Service.
Inspection or grading service or service means in accordance with
this part, the act of (a) drawing samples of any product; (b)
determining the class, grade, quality, composition, size, quantity, or
condition of any product by examining each unit or representative
samples; (c) determining condition of product containers; (d)
identifying any 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.
[[Page 80]]
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Regulations means the provisions of this subpart.
Sampling report means a statement issued by an inspector or grader
identifying samples taken by him for inspection or grading service.
Supervisor of packaging means an employee of the Department or other
person licensed by the Administrator to supervise the packaging and
official identification of product or any repackaging of bulk product.
(60 Stat. 1087, 7 U.S.C. 1621 et seq.; 84 Stat. 1620, 21 U.S.C. 1031 et
seq.)
[37 FR 22363, Oct. 19, 1972, as amended at 38 FR 4381, Feb. 14, 1973.
Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138,
Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at
54 FR 15167, Apr. 17, 1989]
Sec. 58.2 Designation of official certificates, memoranda, marks,
identifications, and devices for purpose of the Agricultural Marketing
Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said Act, and
certain misrepresentations concerning the inspection or grading of
agricultural products under said section. For the purposes of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed (including that prescribed in Sec. 58.18) used under
the regulations in this subpart to certify with respect to the
inspection of dairy processing plants and the inspection, class, grade,
quality, size, quantity, or condition of products (including the
compliance of products and packaging material with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an 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 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.
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
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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 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
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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 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
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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.
(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
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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.