[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11167]


[[Page Unknown]]

[Federal Register: May 10, 1994]


_______________________________________________________________________

Part VIII





Department of Agriculture





_______________________________________________________________________



Agricultural Marketing Service



_______________________________________________________________________



7 CFR Part 58, et al.




Agency Reorganization of Analytical Testing Services; Interim Final 
Rule
DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 58, 91, 93, 94, 95, 98

[SD-94-002]
RIN 0581-AB24

 
Agency Reorganization of Analytical Testing Services

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: The Agricultural Marketing Service (AMS) commodity laboratory 
testing programs under the AMS Science Division was established by a 
final rule effective August 1993. In order to implement the new and 
revised regulations, AMS codified the Agency reorganization of 
analytical testing services under a separate rule by consolidating and 
transferring functions from other Title 7 CFR parts related to 
analytical testing services to the AMS Science Division. This interim 
final rule reduces laboratory testing fees for certain dairy products 
based on various factors such as a decrease in minimum test times for 
certain products from one-half hour to one-quarter hour, a decrease in 
expenditures for making some test preparations, and a decreased number 
of procedural steps required for performing certain laboratory 
analyses. This rule also establishes additional tests for dairy 
products for incorporation into existing schedules with a $34.20 hourly 
rate. In addition, this interim final rule makes several technical 
corrections and revisions.

DATES: This interim final rule is effective May 10, 1994; comments must 
be received on or before June 9, 1994.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in triplicate 
to William J. Franks, Jr., Acting Director, Science Division, 
Agricultural Marketing Service, U. S. Department of Agriculture, P.O. 
Box 96456, room 3507 South Agriculture Building, Washington, DC 20090-
6456. Facsimile (202) 720-6496.
    Comments should reference the docket number and date and page 
numbers of this issue of the Federal Register. All written submissions 
pursuant to this rule will be made available for public inspection in 
the above office, between the hours of 9 a.m., and 3 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Jon E. McNeal, Chief, Technical 
Services Branch, Science Division, Agricultural Marketing Service, U. 
S. Department of Agriculture, P.O. Box 96456, room 3517 South 
Agriculture Building, Washington, DC 20090-6456, Telephone (202) 720-
2216.

SUPPLEMENTARY INFORMATION:

I. Executive Order 12866 and Executive Order 12778

    The Department has determined that this rule is not significant for 
purposes of Executive Order 12866 and it therefore has not been 
reviewed by the Office of Management and Budget (OMB).
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule.

II. Effect on Small Entities

    The Administrator, Agricultural Marketing Service, has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities as defined by the Regulatory 
Flexibility Act (U.S.C. 601-612). The fees provided for in this rule 
reflect a minimal change in the costs currently borne by those entities 
which utilize certain laboratory services. The rule is designed to 
provide usual and reasonable fees for laboratory testing that are 
consistent with costs in time and resources to ensure adequate funding 
of the laboratory operations of the Science Division.

III. Background

    On August 9, 1993, the agency reorganization of analytical testing 
under the Science Division and schedules of laboratory fees were 
published as a final rule in the Federal Register (58 FR 42408-42448) 
after receiving only one comment on the proposal. The fee schedules 
became effective immediately and were devised to have a single fee for 
the same test rather than assessing separate laboratory fees for 
different commodities and their products.
    The dairy product laboratory fees for 35 tests or combination of 
tests that were listed in former regulations at 7 CFR 58.44 were 
increased by large percentages in the final rule. As a consequence, the 
dairy industry has complained that it is burdened with testing fees 
that cannot be assimilated into current purchasing contracts.
    The single test laboratory fees for other commodity products did 
not change as significantly as test fees for dairy products. Prior to 
the final rule implementation, the dairy testing fees had been revised 
only slightly since the Dairy Division's rule in November 2, 1977 (42 
FR 57301). The heavy volume of laboratory testing of dairy products in 
the early 1980's associated with Commodity Credit Corporation purchases 
diminished the need for periodic fee increases. However, the workload 
for laboratory testing of dairy products was reduced greatly beginning 
in 1986. In addition, the dairy testing fees were carried over and not 
revised from 1988 to 1993 while the Agency prepared a consolidated 
regulation for laboratory services within the Science Division and 
updated fees. Consequently, when the new fees were placed in effect, 
the dairy industry faced very substantial increases in testing fees. In 
response to the various objections generated among dairy processors and 
after further consideration of the matter, the agency temporarily 
restored the dairy testing fees to the applicable charges and hourly 
rate in effect on April 17, 1989.
    In order to address the fee situation in a more coherent fashion, 
and to reduce costs to the industry, this interim rule readjusts fees, 
makes substitutions for certain tests, and contains other changes. 
Laboratory fees are established in a variety of ways in private and 
government laboratories. The readjustment of fees or substitutions for 
some analyses contained in the original fee schedules concerning 18 
laboratory tests for dairy products were developed by reviewing and 
considering comparable available commercial laboratory fees. Most 
commercial laboratory lists of available laboratory analyses and 
corresponding fees for the tests are not designated with a specific 
commodity or product in mind.

IV. Change in Minimum Laboratory Fee

    The minimum laboratory testing fee is being reduced from $17.10 to 
$8.55. The original minimum fee published on August 9, 1993, is based 
on current commodity product grading and inspection fees which specify 
a minimum one-half hour charge. However, some laboratory analyses 
applying to dairy product grading can be performed within a one-quarter 
hour and therefore would incur a corresponding $8.55 fee. The 
laboratory tests with a revised one-quarter hour charge are listed as 
follows: (1) titratable acidity, (2) density or specific gravity, (3) 
scorched particles, and (4) net weight per can. Analysis time includes 
the allotted periods for sample tracking, reagent and standard solution 
preparation, sample preparation and laboratory bench analysis, cleanup, 
analytical result determination and interpretation with supervisory 
review, and the time for issuing a test report. The individual 
laboratory test fee determinations in this rule must necessarily 
include the length of time spent on tests performed for quality 
control, quality assurance, and proficiency testing.

V. Reduction in Dairy Testing Fees Based on Varying Complexity of 
Standard Analytical Methods for Different Commodities

    The schedules of consolidated fees and charges for the single 
analyte testings were established in the rule published on August 9, 
1993, based on the reasoning that there is, in general, comparable 
complexity of procedures and similar methodology for different 
commodities and their products. However, some standard methods or tests 
for the examination of dairy products have a dissimilar process for 
testing a given analyte, shorter procedures, decreased complexity of 
reagent and materials preparation, reduced analyst manipulations with 
samples and their derivatives, fewer measurements, and/or a lower 
degree of interpretation required. Consequently, these dairy tests are 
less complex and would justify a reduction of the fee. The laboratory 
fees for dairy products that are lowered in this interim final rule 
because the tests are less complex are as follows: (1) fat (dairy 
products), (2) salt titration, (3) peroxide value, (4) free fatty acid, 
(5) solubility index, (6) whey protein nitrogen, (7) vitamin A (dry 
milk products), (8) alkalinity of ash, (9) antibiotic, (10) complete 
Kohman, (11) direct microscopic clump count, (12) proteolytic count, 
(13) coliform, and (14) Salmonella Step 1.
    The fee schedule in Table 1 of this rule has a fee of $17.10 or a 
one-half hour charge for fat in dairy products (except cheese) added to 
the schedule since the fat analysis requires only two extractions. Fat 
analysis of cheese requires three or more extractions and therefore is 
set at $25.65. Table 1 also has a one-half hour charge for the salt or 
chloride titration of dairy products, such as butter and cheese. This 
is a reduction from the three-quarter hour charge for other 
commodities. The salt analysis for cheese by the potentiometric method 
and the analysis for butter does not require a digestion step.
    The fee for the peroxide value determination in Table 2 has been 
reduced from a one and one-half hour charge to a three-quarter hour 
charge. The fee for free fatty acid analysis has been reduced from a 
three-quarter hour to a one-half hour charge. The peroxide value and 
free fatty acid test fee revisions are based on time and motion studies 
of the average times required to perform the individual dairy tests 
that the fees prior to 1993 were based on, that is, 1 hour for the 
peroxide value test and 27 minutes for the free fatty acid test. The 
revised peroxide value and free fatty acid test fees would be 
applicable to all commodities. However, the more complex AOAC gas 
chromatographic (gc) method for the determination of fatty acid profile 
in Table 2 would require an increase in analyst time to 4 hours to 
perform.
    The fee for the solubility index determination for dry milk 
products in Table 3 has been reduced from a three-quarter hour to a 
one-half hour charge. The method has relatively few manual procedures 
to follow with no reagents or standard solutions to prepare.
    The fee for the determination of whey protein nitrogen (WPN) in 
milk products in Table 3 has been reduced from a two and one-half hour 
charge to a three-quarter hour charge. The fee of $85.50 for WPN was 
based on a different method and more elaborate manual procedures than 
are actually employed for official dairy testing. The original two and 
one-half hour charge was based on the consideration that undenatured 
whey protein could be determined from the Kjeldahl analysis of 
noncasein filtrate and of filtrate obtained by treating milk with 
trichloroacetic acid solution. However, the whey protein nitrogen 
content is determined routinely in a different manner by comparing the 
optical density of a properly prepared sample against a standard curve 
of low and high heat reference powders from the American Dairy Products 
Institute (Chicago, Illinois) with known WPN contents.
    The fee for the determination of vitamin A in Table 3 has been 
reduced from a five hour charge to a two and one-half hour charge. The 
original 5 hour analyst time frame was based on the consideration that 
the vitamin A test has both unstable reagents and standard solutions. 
Examination of Science Division records has revealed that 1,262 vitamin 
A tests had been conducted during Fiscal Year 1993, which is a 
relatively frequent occurrence of testing for one analyte. Hence, 
considerable analyst time could be saved on an average test time per 
sample basis since identical reagents and the same vitamin A standard 
and carotene standard curves could be used for a batch run of samples. 
The fee for the vitamin A determination for nonfat and instant dry 
milks in Table 3 has been reduced further to a one and one-quarter hour 
charge since the Carr-Price method is used and this analysis does not 
require eliminating carotenoids by alumina column chromatography, as 
the vitamin A procedures for other commodities require.
    The fee for the determination of alkalinity of ash of dairy 
products in Table 3 has been reduced from a four hour charge to a one 
and one-half hour charge. This test fee of $136.80 was set by 
considering the time spend to monitor the sample ashing process by 
muffle furnace. The alkalinity of ash test fee is lowered since the 
ignition of sample to constant weight at 550  deg.C in the furnace does 
not normally require continuous observation by the analyst. Hence the 
analyst is usually free to perform other laboratory analyses during the 
interim time.
    The antibiotic test for dairy products, that is newly inserted in 
Table 3, is a qualitative test where a positive or a negative response 
indicates the presence or absence, respectively, of antibiotics and 
other inhibitory substances. When the original time of four hours was 
estimated for the antibiotic test, it was based on a quantitative type 
of analysis which involves extensive procedures to derive the identity 
of a specific antibiotic including subsequent steps to determine its 
exact concentration in a commodity product. Therefore, Table 3 has a 
half-hour charge for the qualitative test for antibiotics, which is now 
applicable to dairy products. Table 3 continues to have a four hour 
charge for the quantitative determination of antibiotics, which is now 
applicable to other commodity products.
    The fee for the complete Kohman testing of dairy products in Table 
4 has been reduced from a three hour charge to a one hour charge. The 
complete Kohman analysis involves determining fat, moisture, salt and 
curd components of the dairy product usually designated at a one hour, 
a one-half hour, a three-quarter hour and a three-quarter hour charge 
respectively. The original charge for the Kohman analysis was set as if 
the four tests were performed separately to determine the full 
composition of the dairy product and the analysis charge was 
established on a combination fee basis. However, the complete 
composition of the dairy product by Kohman testing is actually 
determined by a series of interrelated analyses. Furthermore, the 
percentage of curd does not involve a laboratory test with dairy 
products and it is obtained by the difference of 100 and the percentage 
sum total of moisture, fat, and salt.
    The new three-quarter hour fee for direct microscopic clump count 
(DMCC) for dairy products in Table 5 covers the preparation of stained 
films of sample portions on a slide and the counting of bacterial 
organisms and clumps in six microscopic fields across the slide. 
Bacterial types in clusters or clumps, that is Staphylococcus spp. and 
Micrococcus spp., are counted as one bacterium. The bacterial direct 
microscopic count for other commodities is set at a slightly higher 
charge of one hour because the bacterial counting of stained sample 
films is done in an up and down fashion and a minimum of 20 microscopic 
fields are counted with up to 100 fields when a high quality product is 
tested.
    The fee for the proteolytic count in Table 5 has been reduced from 
a one hour charge to a one-half hour charge. The proteolytic bacteria 
count analysis in cream or butter samples is rarely conducted. The fee 
in the rule published on August 9, 1993, was established by considering 
the extra time spent first to determine the specific identity of the 
proteolytic bacteria, such as Pseudomonas spp. However, the proteolytic 
bacteria count analysis requires making only a general differentiation 
and an enumeration based on the organism's ability to grow and to bring 
about the liquefaction of the milk curd. The proteolytic count is 
essentially an aerobic standard plate count, that has a one-half hour 
charge, with just one additional procedural step where the agar surface 
is flooded with an acid solution before counting.
    The new one-half hour fee for coliform plate count analysis of 
dairy products in Table 5 is established separately from the three-
quarter hour fee for coliform plate count analysis in other 
commodities. The dry rehydratable film method is used for the coliform 
analysis of dairy products. This method involves a considerable 
reduction in procedural steps and analyst time compared to the coliform 
plate count analysis associated with other commodities and their 
products. First, the violet red bile coliform count film plates come 
completely prepared from the manufacturer. For this reason, there is a 
time savings over the other coliform methods that involve the 
preparation and the tempering of Violet Red Bile (VRB) agar. In 
addition, the dry rehydratable film method for coliform bacteria does 
not require a media cover layer to be placed over the solidified VRB 
agar. Furthermore, the coliform organisms of dairy products are 
identifiable and confirmed on petrifilm coliform count plates with red 
colonies having gas bubbles trapped in the VRB agar. Accordingly, the 
additional use of brilliant green lactose bile broth is not needed to 
confirm the presence of coliforms with the dairy product coliform 
determination, as it is needed with the method for other products.
    The new one hour fee for Salmonella step 1 analysis of dairy 
products in Table 5 is established separately from the one and one-half 
hour fee for Salmonella step 1 analysis in other commodities. The time 
savings for the Salmonella determination of dairy products results from 
the reduction of handling by the analyst and the decrease number of 
stages required for the sample pre-enrichment procedures. The dairy 
product serves as its own source of nutrients during the pre-enrichment 
process, so the dairy sample is weighed directly into a container of a 
sterile diluent. In contrast, other commodities need the preparation of 
sterile lactose broth or other nutrient broth for the Salmonella pre-
enrichment process. Furthermore, other commodity product samples 
require a pH measurement and a pH adjustment of a sample with non-
selective media mixture before incubation.
    The revised schedule of fees has been tailored to more precisely 
reflect the costs of some of the laboratory services provided. The 
reduced costs and additional tests for dairy products are based on a 
re-evaluation of the dairy testing program and on an effort by the 
agency to charge fees which are lower but still attempt as nearly as 
practicable to cover the cost of the services provided.

VI. Additional Changes to the Final Rule

    Since publication of the final rule, some other areas requiring 
correction or clarification have arisen. The August 9, 1993 final rule 
document 93-18212 beginning on page 42408 inadvertently had the wrong 
regulation identifier number (RIN) that was assigned by OMB. The 
document RIN 0581-AA51 is amended to RIN 0581-AA85.
    Section 58.101 of 7 CFR part 58 should not have been amended in the 
final rule. In addition, the rule removed paragraph e(5)(ii) of 
Sec. 58.126 of part 58 that should have been retained and revised. The 
corrections are needed in this interim final rule to return the 
authority for the supervision of the existing dairy plant laboratories 
to the Dairy Resident Graders. The AMS Science Division provides 
independent auditing of laboratory analysis function for the AMS Dairy 
Division.
    Sections of 7 CFR parts 91, 93, 94 and 98 are corrected to provide 
an updated listing of Science Division addresses for offices and 
laboratories.
    The definition of ``complete Kohman analysis'' is amended in 
Sec. 95.2 to indicate that the full composition analysis of butter and 
margarine also includes the curd determination. Furthermore, the 
complete Kohman analysis determines the fat, moisture, salt and curd of 
the butter and margarine with a series of interrelated analyses.

VII. Interim Final Rule Justification

    Pursuant to 5 U.S.C. 553, it is found and determined, upon good 
cause that it is impracticable, unnecessary and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect, and that good cause exists for not postponing the effective 
date of this action until 30 days after publication in the Federal 
Register because:
    (1) The AMS Science Division needs to have sufficient funds to pay 
its dairy product laboratory operating expenses which are incurred on a 
continuous basis.
    (2) The dairy industry is aware of this action. Furthermore, the 
dairy producers desire an expeditious answer concerning the extent of 
the reduction of the Division's dairy testing fees. They need to 
formulate their budgets early during the start of the 1994 calendar 
year and make decisions where their laboratory testing service needs 
could best be met.
    (3) The dairy processors need laboratory cost information in order 
to offer their bids to the Kansas City Commodity Office of the 
Agricultural Stabilization and Conservation Service prior to receiving 
consideration to process Commodity Credit Corporation-owned bulk dairy 
goods before the next shipping cycle, July 1, through December 31, 
1994.
    (4) This interim final rule provides a 30-day comment period, and 
all comments timely received will be considered prior to finalization 
of this action.

Lists of Subjects

7 CFR Part 58

    Food grades and standards, Dairy products, Food labeling, Reporting 
and recordkeeping requirements.

7 CFR Part 91

    Administrative practice and procedure, Agricultural commodities, 
Fees and charges, Laboratories.

7 CFR Part 93

    Citrus fruits, Fruit juices, Fruits, Laboratories, Nuts, Vegetable.

7 CFR Part 94

    Eggs and egg products, Laboratories, Poultry and poultry products.

7 CFR Part 95

    Dairy products, Laboratories, Milk.

7 CFR Part 98

    Meat and meat products, Laboratories.

    For the reasons set forth in the preamble, AMS amends 7 CFR parts 
58, 91, 93, 94, 95 and 98 as follows:

PART 58--GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR 
APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS

    1. The authority citation for part 58 continues to read as follows:

    Authority: Secs. 202-208, 60 Stat. 1087, as amended; 7 U.S.C. 
1621-1627, unless otherwise noted.


Sec. 58.101  [Amended]

    2. In section 58.101, paragraph (c) is amended by removing ``the 
AMS Science Division Director'' (the first time it appears) and adding 
in its place ``the Administrator''.
    3. Section 58.126 is amended by redesignating paragraph (e)(5)(ii) 
as paragraph (e)(5)(iii) and adding a new paragraph (e)(5)(ii) to read 
as follows:


Sec. 58.126   Buildings.

* * * * *
    (e) * * *
    (5) * * *
    (ii) Approved laboratories shall be supervised by the USDA resident 
inspector in all aspects of official testing and reporting results. 
Plant laboratory personnel in such plants may be licensed by the USDA 
to perform official duties. The AMS Science Division will provide 
independent auditing of laboratory analysis functions.
* * * * *

PART 91--SERVICES AND GENERAL INFORMATION

    1. The authority citation for part 91 continues to read as follows:

    Authority: Agricultural Marketing Act of 1946, secs. 203, 205, 
60 Stat. 1087, as amended, 1090, as amended (7 U.S.C. 1622, 1624).

    2. In Sec. 91.5, paragraph (a)(1)(ii) is revised to read as set 
forth below.
    3. In Sec. 91.5, paragraph (a)(2)(i) is revised to read as set 
forth below.
    4. In Sec. 91.5, paragraph (a)(2)(iii) is revised to read as set 
forth below.
    5. In section 91.5, paragraph (a)(3) is amended by removing 
``Science Division Citrus Laboratory, 111 Third Street, SW., suite 211, 
Winter Haven, FL 33880'' and adding in its place ``Science Division 
Citrus Laboratory, 98 Third Street, SW, Winter Haven, FL 33880''.
    6. In section 91.5, paragraph (b) is amended by removing 
``Director, Science Division, Agricultural Marketing Service, United 
States Department of Agriculture (USDA), P.O. Box 96456, Washington, DC 
20090-6456'' and adding in its place ``Director, Science Division, 
Agricultural Marketing Service, United States Department of Agriculture 
(USDA), P.O. Box 96456, Washington, DC 20090-6456''.


Sec. 91.5  Where Services are offered.

    (a) * * *
    (1) * * *
    (ii) USDA, AMS, SD, Eastern Laboratory, 2311-B Aberdeen Boulevard, 
Gastonia, NC 28054.
    (2) * * *
    (i) USDA, AMS, SD, 3119 Wesley Way, suite 6, Dothan, AL 36301, 
Mail: P.O. Box 1368, Dothan, AL 36302.
* * * * *
    (iii) USDA, AMS, SD, 1211 Schley Avenue, Albany, GA 31707.
* * * * *
    7. In section 91.37, paragraph (a) introductory text is amended by 
removing ``one-half hour'' in the sixth sentence and adding in its 
place ``one-quarter hour''.
    8. In Sec. 91.37, paragraph (a), Tables 1, 2, 3, 4 and 5 are 
revised to read as follows:


Sec. 91.37  Fees for laboratory testing, analysis, and other services.

    (a) * * *

General Schedules of Fees for Official Laboratory Test Services 
Performed at the AMS Science Division Laboratories for Processed 
Commodity Products 

 Table 1.--Single Test Times and Laboratory Fees for Proximate Analyses 
------------------------------------------------------------------------
                                                   Hours for            
                Type of analysis                    single     List fee 
                                                     test               
------------------------------------------------------------------------
Ammonia, Ion Selective Electrode................        2.25      $76.95
Ash, Total......................................        1          34.20
Ash, Acid Insoluble.............................        1.5        51.30
Chloride, Salt Titration (Dairy)................        0.5        17.10
Fat, Acid Hydrolysis............................        1          34.20
Fat (Cheese and Related Products)...............        0.75       25.65
Fat (Dairy Products except Cheese)..............        0.5        17.10
Fat, Ether Extraction...........................        1          34.20
Fat, Microwave--Solvent Extraction..............        1          34.20
Fat, Specific Gravity...........................        1          34.20
Fiber, Crude....................................        2          68.40
Moisture, Distillation..........................        1          34.20
Moisture, Karl Fischer..........................        1.5        51.30
Moisture, Oven..................................        0.5        17.10
Protein, Kjeldahl...............................        2          68.40
Salt, Back Titration............................        0.75       25.65
Salt, Potentiometric............................        0.5        17.10
------------------------------------------------------------------------


    Table 2.--Single Test Times and Laboratory Fees for Lipid Related   
                                Analyses                                
------------------------------------------------------------------------
                                                   Hours for            
                Type of Analysis                    single     List fee 
                                                     test               
------------------------------------------------------------------------
Acid Degree Value (Dairy).......................        1         $34.20
Acidity, Titratable.............................        0.25        8.55
Carotene, Spectrophotometric....................        2.5        85.50
Catalase Test...................................        0.5        17.10
Cholesterol\1\..................................        5         171.00
Color (Honey)...................................        0.5        17.10
Color, NEPA (Eggs)..............................        1          34.20
Consistency, Bostwick (Cooked)..................        0.5        17.10
Consistency, Bostwick (Uncooked)................        0.5        17.10
Density (Specific Gravity)......................        0.25        8.55
Dispersibility (Moates-Dabbah Method)...........        0.5        17.10
Fat Stability,\2\ AOM...........................        1          34.20
Fatty Acid Profile (AOAC-GC method).............        4         136.80
Flash Point Test only...........................        2          68.40
Free fatty acids................................        0.5        17.10
Meltability (Process Cheese)....................        0.5        17.10
Peroxidase Test.................................        0.5        17.10
Peroxide Value..................................        0.75       25.65
Smoke Point Test only...........................        2          68.40
Smoke Point and Flash Point.....................        3.5       119.70
Solids, Total (Oven Drying).....................        0.5        17.10
Soluble Solids, Refractometer...................        0.5        17.10 
------------------------------------------------------------------------
\1\Moisture and fat analyses are required to be analyzed at an          
  additional cost as prerequisites to the cholesterol test.             
\2\Peroxide value analysis is required as a prerequisite to the fat     
  stability test at the additional fee.                                 


   Table 3.--Single Test Times and Laboratory Fees for Food Additives   
                         (Direct and Indirect)                          
------------------------------------------------------------------------
                                                   Hours for            
                Type of analysis                    single     List fee 
                                                     test               
------------------------------------------------------------------------
Aflatoxin, (Dairy, Eggs)........................        3.5      $119.70
Alar or Daminozide Residue......................        6         205.20
Amitraz Residue, GLC............................        6         205.20
Alcohol (Qualitative)...........................        2          68.40
Alkalinity of Ash...............................        1.5        51.30
Antibiotic, Qualitative\1\ (Dairy)..............        0.5        17.10
Antibiotic, Quantitative........................        4         136.80
Ascorbates (Qualitative--Meats).................        0.5        17.10
Ascorbic Acid, Titration........................        1          34.20
Ascorbic Acid, Spectrophotometric...............        1          34.20
Benzene, Residual...............................        2          68.40
Brix, Direct Percent Sucrose....................        0.5        17.10
Brix, Dilution..................................        0.5        17.10
Butylated Hydroxyanisole (BHA)..................        1.5        51.30
Butylated Hydroxytoluene (BHT)..................        1.5        51.30
Caffeine, Micro Bailey-Andrew...................        1.5        51.30
Caffeine, Spectrophotometric....................        1          34.20
Calcium.........................................        1.5        51.30
Citric Acid, GLC or HPLC........................        1.5        51.30
Chlorinated Hydrocarbons:                                               
Pesticides and Industrial Chemicals--                                   
    Initial Screen..............................        4         136.80
    Second Column Confirmation of Analyte.......        1          34.20
    Confirmation on Mass Spectrometer...........        2          68.40
Dextrin (Qualitative)...........................        0.5        17.10
Dextrin (Quantitative)..........................        3         102.60
Filth, Heavy (Dairy)............................        2.5        85.50
Filth, Heavy (Eggs).............................        4         136.80
Filth, Light (Eggs).............................        2.5        85.50
Filth, Light and Heavy (Eggs Extraneous)........        6         205.20
Flavor..........................................        0.75       25.65
Fumigants:                                                              
Initial Screen--                                                        
    Dibromochloropropane (DBCP).................        1          34.20
    Ethylene Dibromide..........................        1          34.20
    Methyl Bromide..............................        1          34.20
  Confirmation on Mass Spectrometer--Each                               
   individual fumigant residue..................        2          68.40
Glucose (Qualitative)...........................        0.75       25.65
Glucose (Quantitative)..........................        1.75       59.85
Glycerol (Quantitative).........................        3         102.60
Gums............................................        3         102.60
High Sucrose Content or Avasucrol--Percent                              
 Sucrose (Holland Eggs).........................        4         136.80
Hydrogen Ion Activity, pH.......................        0.5        17.10
Mercury, Cold Vapor AA..........................        2.5        85.50
Metals--Other Than Mercury, Each Metal..........        2          68.40
Monosodium Dihydrogen Phosphate.................        4         136.80
Monosodium Glutamate............................        4         136.80
Nitrites (Qualitative)..........................        0.5        17.10
Nitrites (Quantitative).........................        3         102.60
Oxygen..........................................        0.5        17.10
Palatability and Odor:                                                  
  First Sample..................................        0.75       25.65
  Each Additional Sample........................        0.5        17.10
Phosphatase, Residual...........................        1          34.20
Phosphorus......................................        2          68.40
Propylene Glycol, Codistillation: (Qualitative).        2          68.40
Pyrethrin Residue (Dairy).......................        4         136.80
Scorched Particles..............................        0.25        8.55
Sodium, Potentiometric..........................        1          34.20
Sodium Benzoate, HPLC...........................        1.5        51.30
Sodium Lauryl Sulfate (SLS).....................        8         273.60
Sodium Silicoaluminate (Zeolex).................        2          68.40
Solubility Index................................        0.5        17.10
Starch, Direct Acid Hydrolysis..................        3         102.60
Sugar, Polarimetric Methods.....................        1          34.20
Sugar Profile, HPLC--This profile includes the                          
 following components: Dextrose, Fructose,                              
 Lactose, Maltose and Sucrose:                                          
  One type sugar from HPLC profile..............        3         102.60
  Each additional type sugar....................        0.5        17.10
Sugars, Non-Reducing............................        3         102.60
Sugars, Total as Invert.........................        2          68.40
Sulfites (Qualitative)..........................        0.75       25.65
Sulfur Dioxide, Direct Titration................        1          34.20
Sulfur Dioxide, Monier-Williams.................        1.5        51.30
Toluene, Residual...............................        2          68.40
Triethyl Citrate, GC (Quantitative).............        1          34.20
Vitamin A.......................................        2.5        85.50
Vitamin A, Carr-Price (Dry Milk)................        1.25       42.75
Vitamin D, HPLC (Vitamins D2 and D3)............        8.5       290.70
Whey Protein Nitrogen...........................        0.75       25.65
Xanthydrol Test For Urea........................        1.5        51.30
This is an optional test to the extraneous                              
 materials isolation test.                                              
------------------------------------------------------------------------
\1\Disc Assay Method.                                                   


 Table 4.--Single Test Times and Laboratory Fees for Other Chemical and 
                      Physical Component Analyses                       
------------------------------------------------------------------------
                                                   Hours for            
                Type of analysis                    single     List fee 
                                                     test               
------------------------------------------------------------------------
Available Carbon Dioxide (Baking Powders).......        4        $136.80
Complete Kohman Analysis (Dairy)................        1          34.20
Jelly Strength (Bloom)..........................        2.5        85.50
Methyl Anthranilate.............................        1          34.20
Grape Juice Absorbency Ratio....................        0.5        17.10
Net Weight (Per Can)............................        0.25        8.55
Non-Volatile Methylene Chloride Extract.........        2.5        85.50
Particle Size (Ether Wash)......................        0.5        17.10
Potassium Iodide (Table Salt)...................        1.5        51.30
Quinic Acid (Cranberry Juice)...................        1.75       59.85
Sieve or Particle Size..........................        0.5        17.10
Water Activity..................................        4         136.80
Water Insoluble Inorganic Residues (WIIR).......        2          68.40
Yellow Onion Test...............................        0.75       25.65 
------------------------------------------------------------------------


   Table 5.--Single Test Times and Laboratory Fees for Microbiological  
                                Analyses                                
------------------------------------------------------------------------
                                                   Hours for            
                Type of analysis                    single     List fee 
                                                     test               
------------------------------------------------------------------------
Aerobic (Standard) Plate Count..................        0.5       $17.10
Anaerobic Bacterial Plate Count.................        0.75       25.65
Bacterial Direct Microscopic Count..............        1          34.20
Campylobacter jejuni............................        4         136.80
Coliform Plate Count (Dairy Products)...........        0.5        17.10
Coliform Plate Count, Violet Red Bile Agar:                             
(Presumptive Coliform Plate Count)..............        0.75       25.65
Coliforms, Most Probable Number (MPN):\1\                               
    Step 1......................................        0.75       25.65
    Step 2......................................        0.75       25.65
Direct Microscopic Clump Count, DMCC............        0.75       25.65
E. coli, Presumptive MPN (Additional Fee)\2\....        1.5        51.30
Enterococci Count...............................        3         102.60
Listeria monocytogenes confirmation analysis:\3\                        
    Step 1......................................        1.5        51.30
    Step 2......................................        1.5        51.30
    Step 3 (Confirmation).......................        2.5        85.50
Proteolytic Count (Dairy).......................        0.5        17.10
Psychrotrophic Bacterial Plate Count............        0.75       25.65
Salmonella (USDA Culture Method):\4\                                    
    Step 1 (Dairy Products).....................        1          34.20
    Step 1......................................        1.5        51.30
    Step 2......................................        0.75       25.65
    Step 3 (Confirmation).......................        1.5        51.30
    Serological Typing (Optional)...............        2.5        85.50
Salmonella (Rapid Methods):\5\                                          
    Step 1......................................        2          68.40
    Step 2......................................        0.75       25.65
    Step 3 (Confirmation).......................        1.5        51.30
Staphylococcus aureus, MPN:                                             
    With Coagulase Positive Confirmation........        1.75       59.85
Thermoduric Bacterial Plate Count...............        0.75       25.65
Yeast and Mold Count............................        0.5        17.10
Yeast and Mold Differential Plate Count.........        0.75       25.65 
------------------------------------------------------------------------
\1\Coliform MPN analysis may be in two steps as follows: Step 1--       
  presumptive test through lauryl sulfate tryptose broth; Step 2--      
  confirmatory test through brilliant green lactose bile broth.         
\2\Step 1 of the coliform MPN analysis is a prerequisite for the        
  performance of the presumptive E. coli test, Prior enrichment in      
  lauryl sulfate tryptose broth is required for optimal recovery of E.  
  coli from inoculated and incubated EC broth (Escherichia coli broth). 
  The E. coli test is performed through growth on eosin methylene blue  
  agar. The fee stated for E. coli analysis is a supplementary charge to
  step 1 of coliform test.                                              
\3\Listeria monocytogenes test using the USDA method may be in three    
  steps as follows: Step 1--isolation by University of Vermont modified 
  (UVM) broth and Fraser's broth enrichments and selective plating with 
  Modified Oxford (MOX) agar; Presumptive Step 2--typical colonies      
  inoculated from Horse Blood into brain heart infusion (BHI) broth and 
  check for characteristic motility; Confirmatory Step 3--culture from  
  BHI broth with typical motility is inoculated into the seven          
  biochemical medias, BHI agar for oxidase and catalase tests, Motility 
  test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.          
Listeria monocytogenes test using the FDA method may be in three steps  
  as follows: Step 1--isolation by trypticase soy broth with 0.6% yeast 
  extract (TSB-YE) broth enrichment and selective plating with Modified 
  McBrides agar and Lithium chloride Phenylethanol Moxalactam (LPM)     
  agar; Presumptive Step 2--typical colonies inoculated to trypticase   
  soy agar with yeast extract (TSA-YE) with sheep blood plates to check 
  for hemolysis followed by inoculations to BHI broth and TSA-YE plates 
  to check for characteristic motility, gram stain and catalase test;   
  Confirmatory Step 3--culture from BHI broth with typical motility for 
  wet mount is inoculated into the required 10 biochemical medias,      
  Sulfide-Indole-Motility (SIM) medium, and the CAMP test. Serology is  
  checked using growth from TSA-YE plates.                              
Both methods for Listeria determination have the equivalent time needed 
  for each step.                                                        
\4\Salmonella test may be in three steps as follows: Step 1--growth     
  through differential agars; Step 2--growth and testing through triple 
  sugar iron and lysine iron agars; Step 3--confirmatory test through   
  biochemicals, and polyvalent serological testing with Poly ``O'' and  
  Poly ``H'' antiserums. The serological typing of Salmonella is        
  requested on occasion.                                                
\5\Salmonella test may be in three steps as follows: Step 1--growth in  
  enrichment broths and Elisa test or DNA hybridization system assay;   
  Step 2--growth and testing through triple sugar iron and lysine iron  
  agars; Step 3--confirmatory test through biochemicals, and polyvalent 
  serological testing with Poly ``O'' and Poly ``H'' antiserums.        

* * * * *

PART 93--PROCESSED FRUITS AND VEGETABLES

    1. The authority citation for part 93 continues to read as follows:

    Authority: Agricultural Marketing Act of 1946, Secs. 203, 205, 
60 Stat. 1087, as amended, 1090, as amended (7 U.S.C. 1622, 1624).


Sec. 93.3  [Amended]

    2. In Sec. 93.3, paragraph (a) is amended by removing ``Science 
Division Citrus Laboratory, 111 Third Street, SW, suite 211, Winter 
Haven, FL 33880'' and adding in its place ``Science Division Citrus 
Laboratory, 98 Third Street, SW, Winter Haven, FL 33880''.
    3. In Sec. 93.102, paragraphs (a)(1) and (a)(2) are revised to read 
as follows:


Sec. 93.102  Analyses available and locations of laboratories.

    (a) * * *
    (1) USDA, AMS, SD, 3119 Wesley Way, suite 6, Dothan, AL 36301, 
Mail: P.O. Box 1368, Dothan, AL 36302.
    (2) USDA, AMS, SD, 1211 Schley Avenue, Albany, GA 31707.
* * * * *

PART 94--POULTRY AND EGG PRODUCTS

    1. The authority citation for part 94 continues to read as follows:

    Authority: Secs. 2-28 of the Egg Products Inspection Act (84 
Stat. 1620-1635; 21 U.S.C. 1031-1056), Agricultural Marketing Act of 
1946, secs. 202-208 as amended (60 Stat. 1087-1091; 7 U.S.C. 1621-
1627).


Sec. 94.3  [Amended]

    2. In section 94.3, paragraph (e) is amended by removing ``USDA, 
AMS, Science Division, Eastern Laboratory, 645 Cox Road, Gastonia, NC 
28054'' and adding in its place ``USDA, AMS, Science Division, Eastern 
Laboratory, 2311-B Aberdeen Boulevard, Gastonia, NC 28054''.

PART 95--PROCESSED DAIRY PRODUCTS

    1. The authority citation for part 95 continues to read as follows:

    Authority: Agricultural Marketing Act of 1946, secs. 202-208, 60 
Stat. 1087, as amended; 7 U.S.C. 1621-1627.


Sec. 95.2  [Amended]

    2. In section 95.2, the definition for ``Complete Kohman analysis'' 
is revised to read as follows:


Sec. 95.2  Definitions.

* * * * *
    Complete Kohman analysis. Full composition analysis used for 
moisture, fat, salt, and curd determinations in butter and margarine. A 
weighed portion is heated to drive off the moisture and then reweighed 
to determine the moisture content. The fat is extracted using ether, 
and the remaining solids are weighed to determine fat content. The 
solids are then dissolved, and the salt content is determined by 
titration with standard silver nitrate solution. The percentage of curd 
is obtained by the difference of 100 and the percentage sum total of 
moisture, fat, and salt.
* * * * *

PART 98--MEALS, READY-TO-EAT (MRE's), MEATS, AND MEAT PRODUCTS

    1. The authority citation for part 98 continues to read as follows:

    Authority: Agricultural Marketing Act of 1946, Secs. 203, 205, 
as amended; 60 Stat. 1087, 1090, as amended (7 U.S.C. 1622 and 
1624).

    2. In Sec. 98.3, paragraph (b)(3) is revised to read as follows:


Sec. 98.3  Analyses performed and locations of laboratories.

* * * * *
    (b) * * *
    (3) USDA, AMS, SD, Eastern Laboratory, 2311-B Aberdeen Boulevard, 
Gastonia, NC 28054.

    Dated: May 3, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-11167 Filed 5-9-94; 8:45 am]
BILLING CODE 3410-02-U