[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Proposed Rules]
[Pages 34302-34320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13238]



[[Page 34301]]

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Part IV





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Parts 90, 91 et al.



Changes in Fees for Science and Technology (S&T) Laboratory Service; 
Proposed Rule

  Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed 
Rules  

[[Page 34302]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 90, 91, 92, 93, 94, and 98

[Docket Number S&T-99-008]
RIN 0581-AB91


Changes in Fees for Science and Technology (S&T) Laboratory 
Service

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to increase 
the standard hourly fee rate for each laboratory analysis conducted 
under the AMS S&T Laboratory Program from $36.26 to $45.00. The premium 
laboratory rate for appeals, holiday and overtime service would be 
increased from $54.39 to $67.50 per analysis hour. These proposed 24.1 
percent increases in hourly rates reflect the additional revenue S&T is 
required to collect in order to recover laboratory program expenses. 
AMS also proposes to change fees for laboratory testing services which 
are offered for agricultural food commodities to reflect actual 
equipment and labor expenses for performing each test. The proposed 
regulations include additional tests for commodity products for 
incorporation into existing schedules and sets an updated hourly rate 
of $45.00 for unlisted tests. AMS proposes to remove laboratory tests 
that have been found to be obsolete as well as duplicate tests 
performed by other Agricultural Marketing Service programs. The 
proposal also has name, position title, and address changes as a result 
of Agency restructuring that lead to the formation of the AMS Science 
and Technology program.

DATES: Comments must be received on or before June 15, 2000.

ADDRESSES: Comments are invited on this proposed rule. Interested 
persons are invited to comment on this rule by submitting such written 
data, views, or arguments as they may desire. Comments should be sent 
in triplicate to James V. Falk, Docket Manager, USDA, AMS, Science and 
Technology, P.O. Box 96456, Room 3521-South, Washington, DC 20090-6456; 
telephone (202) 690-4089; the facsimile (202) 720-4631, or e-mail: 
[email protected] and should refer to the docket title and number 
located in the heading of this document. Comments received will be 
available for public inspection in Room 3507, South Agriculture 
Building, 1400 Independence Avenue, SW, Washington, D.C. 20250 between 
the hours of 10:00 a.m. and 4:00 p.m., Eastern Time, Monday through 
Friday, except Federal holidays. All comments received on or before the 
closing date for comments will be considered. After the close of the 
comment period, AMS intends to publish a final rule in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Anita J. Okrend, Technical Services 
Branch Chief, telephone (202) 690-4025, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866, and therefore, has not been 
reviewed by the Office of Management and Budget (OMB).

B. Civil Justice Reform

    This action has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
proposed rule does not preempt any State or local laws, regulation, 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 this rule or the application of its 
provisions.

C. Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the Agricultural 
Marketing Service (AMS) has considered the economic impact of this 
action on small entities.
    There are 811 current users of the Science and Technology's (S&T) 
laboratory testing services. Such users of services include food 
processors, handlers, growers, government agencies, and exporters. Many 
of these users are small entities under the criteria established by the 
Small Business Administration (13 CFR 121.201). Laboratory tests for 
commodities are provided to all businesses on a voluntary basis and 
user fees are set at an hourly rate. Any decision to discontinue the 
use of the laboratory services and obtain new contracts with other 
governmental agencies or private laboratories would not hinder the food 
processors or industry members from marketing their products. User fee 
costs to entities would be proportional to their use of testing 
services, so that costs are shared equitably by all users.
    The last fee increases for the Laboratory Program testing services 
became effective on May 4, 1998 (63 FR 16370-16375). Since that time, 
there has been both a decline in revenue and an increase in costs. This 
reflects a shift in usage patterns on the part of applicants for 
testing services and change to government programs. For example, 
several federal commodity purchasing programs are now relying heavily 
on vendor certification rather than government laboratory testing; a 
larger percentage of peanut aflatoxin analyses are performed by other, 
non-S&T laboratories; testing of tobacco samples is down; and poultry 
testing is decreasing due to changing importer country requirements. In 
addition, some companies are doing their own company and in-house 
analyses rather than using government laboratory testing services. 
Further, there has been a noticeable decrease in requested dairy 
product testing with the scaling back of the dairy price support 
program. Several streamlining actions to be completed in FY 2000 will 
result in cost savings. They include staff and space reductions or 
closing of laboratories. However, overall, costs are increasing despite 
these efforts. Employee salary and benefits, which account for 
approximately 68 percent of FY 2000 operating budget, have increased 
4.8 to 5.59 percent, depending on the locality, since January 2000. For 
FY 1999, these increases were 3.54 to 4.02 percent, depending on 
locality. Rents, utilities, communications, and other overhead costs 
increased 5.1 percent during FY 1999. These overhead costs are 
projected to increase by the same percentage for FY 2000.
    In fiscal year 1999, the S&T Laboratory Program obligatory costs 
exceeded revenues by $1,423,869 with costs at $6,419,006 and revenue at 
$4,995,137. There was an $807,299 decline in revenue in fiscal year 
1999. For FY 2000 the S&T program expects to report a $1,562,534 
deficit at the current fees because there are expected to be lower 
numbers of samples for analysis with all commodities at our 
laboratories. The S&T program projected costs and revenues for FY 2000 
are $6,513,730 and $4,951,196 respectively without a fee increase.
    The AMS estimates that this rule would yield $1,584,383 overall in 
additional laboratory testing program revenues during FY 2000. The 
laboratory hourly fee rate would increase by approximately 24.1 percent 
from $36.26, as last revised effective May 4, 1998. The new standard 
laboratory service fee rate would be $45.00 per hour. This fee would 
also apply to tests which are not listed in the fee schedules (Tables 1 
through 8). The

[[Page 34303]]

premium laboratory rate for appeals, holiday and overtime service would 
be $67.50 per analysis hour or one and one half times the fees listed 
in Tables 1 through 8. This represents a 24.1 percent increase. The 
fees in Tables 1 through 8 would also be amended. Most of these would 
increase. Without an increase, anticipated revenue would not adequately 
cover increasing program costs. FY 2000 revenues for laboratory testing 
are expected to be $4,951,196 at the current hourly fee rates, 
obligatory costs are projected at $6,513,730, and trust fund balance 
would be $797,211, which is below necessary reserve level ($2,552,243). 
With the fee increase, FY 2000 revenues are projected to be $5,017,147 
with obligatory costs of $6,400,480 and trust balance at $874,667. 
Users of S&T testing services are under no obligation to use them. 
However, it is necessary for AMS to recover the cost of these services. 
The Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et 
seq.) provides for the collection of reimbursable fees from users of 
the program services to cover, as nearly as practicable, the costs of 
the services rendered.
    Other miscellaneous and unsubstantial changes are proposed that 
would not adversely affect users of the program services. Related 
proposed fee increases represent the minimal fee increases necessary to 
cover the costs of operating the services provided under the S&T 
program. Accordingly, the Administrator has determined that its 
provisions would not have a significant economic impact on a 
substantial number of small entities.

D. Paperwork Reduction Act

    This proposed rule does not contain any new information collection 
or record keeping requirements that are subject to the Office of 
Management and Budget (OMB) approval under the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35).

E. Background and Proposed Fees

    On August 9, 1993, AMS published a rule in the Federal Register (58 
FR 42408-42448) to combine all AMS regulations concerning laboratory 
services. The goal was to consolidate and to transfer existing 
laboratory testing programs operating independently under the various 
AMS commodity programs (Cotton, Poultry, Fruit and Vegetable, Tobacco, 
Dairy, and Livestock and Seed) to its Science and Technology (S&T) 
program, formerly the Science Division and the Science and Technology 
Division (S&TD).
    All divisions in the Agricultural Marketing Service (AMS) were 
designated as programs by the Administrator on September 18, 1997. The 
prior rules included fees charged for testing and related services 
under the diversified S&T programs and set an hourly analytical testing 
rate. The current standard hourly rate of $36.26 and the premium hourly 
rate of $54.39 have been in effect since the April 2, 1998 rule (63 FR 
16370--16375).
    The S&T laboratory testing programs are mainly voluntary, user fee 
services, conducted under the authority of the Agricultural Marketing 
Act of 1946, as amended. The Act authorizes the Secretary of 
Agriculture to provide Federal analytical testing services that 
facilitate marketing and allow products to obtain grade designations or 
meet marketing standards. In addition, the laboratory tests establish 
quality standards for agricultural commodities. The Act also requires 
that reasonable fees be collected from the users of the services to 
cover as nearly as possible the costs of maintaining the programs.
    In addition to raising hourly fees, there is a need to amend all 
general schedules and listing of fees for official laboratory test 
services in tables 1 through 8 in Part 91, Subpart I due to rapid 
changes in analytical methodologies and customer service needs. Under 
the present regulations the fee schedules list 200 items of laboratory 
services in part 91. Many additions and deletions of laboratory tests 
have occurred since the last rule published on April 2, 1998 (63 FR 
16370--16375). The following tables 1 through 8 compare current fees 
and charges with proposed fees and charges for the laboratory testing 
of food and fiber products as found at 7 CFR 91.37:

                            Table 1.--Amended
------------------------------------------------------------------------
                                   Type of                     Proposed
   Name of specific program        analysis     Current fee      fee
------------------------------------------------------------------------
Table 1--Single Test           Ammonia, Ion          $81.59      $101.25
 Laboratory Fees for            Selective             36.26        45.00
 Proximate Analyses.            Electrode.            54.39          (2)
                               Ash, Total.....        18.13        22.50
                               Ash, Acid              36.26        45.00
                                Insoluble.            36.26        45.00
                               Chloride, Salt         18.13        22.50
                                Titration
                                (Dairy).
                               Fat, Acid
                                Hydrolysis
                                (Cheese).
                               Fat Acid
                                Hydrolysis
                                (Mojonnier).
                               Fat (Dairy
                                Prod. Except
                                Cheese).
                               Fat (Dry Basis)         None        67.50
                               Fat, Ether             36.26        45.00
                                Extraction
                                (Soxhlet).
                               Fat (Kohman)...          (1)        45.00
                               Fat, Microwave-        36.26        45.00
                                Solvent
                                Extract.
                               Fiber, Crude...        72.52          (2)
                               Moisture,              36.26        45.00
                                Distillation.
                               Moisture, Oven.        18.13        22.50
                               Moisture                 (1)        11.25
                                (Kohman).
                               Protein,               72.52        90.00
                                Combustion.
                               Protein,               72.52        90.00
                                Kjeldahl.
                               Salt, Back             27.20        33.75
                                Titration.
                               Salt,                  18.13        22.50
                                Potentiometric.
                               Salt (Rapid)...          (1)        33.75
                               Standard hourly        36.26        45.00
                                rate.
                               Premium hourly         54.39       67.50
                                rate.
------------------------------------------------------------------------
\1\ None.
\2\ Removed.


[[Page 34304]]


                            Table 2.--Amended
------------------------------------------------------------------------
                                   Type of                     Proposed
   Name of specific program        analysis     Current fee      fee
------------------------------------------------------------------------
Table 2--Single Test           Acid Degree           $36.26       $45.00
 Laboratory Fees for Lipid      Value (Dairy).         9.07        22.50
 Related Analysis.             Acidity,               90.65          (2)
                                Titratable.           18.13          (2)
                               Carotene,              90.65          (2)
                                Spectrophotome
                                tric.
                               Catalase Test..
                               Cholesterol....
                               Color (Honey)..        18.13          (2)
                               Color, NEPA            36.26          (2)
                                (Eggs).
                               Consistency,           18.13          (2)
                                Bostwick
                                (Cooked).
                               Consistency,           18.13          (2)
                                Bostwick
                                Uncooked).
                               Density                 9.07        11.25
                                (Specific
                                Gravity).
                               Dispersibility           (1)        67.50
                                (I Dry Whole
                                Milk).
                               Dispersibility         18.13        22.50
                                (Moates-
                                Dabbah).
                               Fat Stability,         36.26        45.00
                                AOM.
                               Fatty Acid            145.04       180.00
                                Profile, AOAC-
                                GC.
                               Flash Point            72.52        90.00
                                Test only.
                               Free Fatty             18.13        22.50
                                Acids.
                               Meltability            18.13        22.50
                                (Process
                                Cheese).
                               Peanut Oil               (1)        45.00
                                Analyses (Oil,
                                Moisture, Free
                                Fatty Acid,
                                Ammonia, and
                                Foreign
                                Matter).
                               Any 1 of the             (1)        22.50
                                oilseed oil
                                analyses.
                               Peroxidase Test        18.13          (2)
                               Peroxide Value.        27.20        33.75
                               Smoke Point            72.52        90.00
                                Test only.
                               Smoke Point and       126.91       157.50
                                Flash Point.
                               Solids, Total          18.13        22.50
                                (Oven Drying).
                               Soluble Solids,        18.13       22.50
                                Refractometer.
------------------------------------------------------------------------
\1\ None.
\2\ Removed.


                            Table 3.--Amended
------------------------------------------------------------------------
                                   Type of                     Proposed
   Name of specific program        analysis     Current fee      fee
------------------------------------------------------------------------
Table 3--Single Test           Aflatoxin            $126.91          (2)
 Laboratory Fees for Food       (Dairy, Eggs).       217.56          (3)
 Additive (Direct and          Alar or               217.56      $270.00
 Indirect).                     Daminozide            72.52          (3)
                                Residue.              54.39          (3)
                               Amitraz
                                Residue, GLC.
                               Alcohol
                                (Qualitative).
                               Alkalinity of
                                Ash.
                               Antibiotic,            18.13        22.50
                                Qualitative
                                (Dairy).
                               Antibiotic,           389.86       393.75
                                Quantitative.
                               Ascorbates             18.13        22.50
                                (Qualitative--
                                Meats).
                               Ascorbic Acid,         36.26        45.00
                                Titration.
                               Ascorbic Acid,         36.26        45.00
                                Spectrophotome
                                tric.
                               Benzene,               72.52          (3)
                                Residual.
                               Brix, Direct           18.13        22.50
                                Percent
                                Sucrose.
                               Brix, Dilution.        18.13        22.50
                               Butylated              54.39        67.50
                                Hydroxyanisole
                                (BHA).
                               Butylated              54.39        67.50
                                Hydroxytoluene
                                (BHT).
                               Caffeine, Micro        54.39        67.50
                                Bailey-Andrew.
                               Caffeine,              36.26        78.75
                                Spectrophotome
                                tric.
                               Calcium........        54.39          (3)
                               Citric Acid,           54.39        67.50
                                GLC or HPLC.
                               Chlorinated           145.04       180.00
                                Hydrocarbons:
                                Pesticides and
                                Industrial
                                Chemicals--Ini
                                tial Screen.
                               Second Column          36.26        45.00
                                Confirmation
                                of Analyte.
                               Confirmation on        72.52        90.00
                                Mass
                                Spectrometer.
                               Dextrin                18.13        22.50
                                (Qualitative).
                               Dextrin               108.78       135.00
                                (Quantitative).
                               Filth, Heavy           90.65       112.50
                                (Dairy).
                               Filth, Heavy          145.04       180.00
                                (Eggs).
                               Filth, Light           90.65       112.50
                                (Eggs).
                               Filth, Light &        217.56       270.00
                                Heavy (Eggs).
                               Fines..........          (1)        22.50
                               Flavor (Dairy).         9.07        11.25
                               Flavor                 27.20        33.75
                                (Products
                                except Dairy).
                               Fumigants:
                               Initial Screen--
 
                                 Dibromochloro        36.26        45.00
                                  propane
                                  (DBCP).
                                 Ethylene             36.26        45.00
                                  Dibromide.

[[Page 34305]]

 
                                 Methyl               36.26        45.00
                                  Bromide.
                                 Confirmation         72.52        90.00
                                  on Mass
                                  Spectrometer
                                  -Each
                                  individual
                                  fumigant
                                  residue.
                               Glucose                27.20        33.75
                                (Qualitative).
                               Glucose                63.46        78.75
                                (Quantitative).
                               Glycerol              108.78       135.00
                                (Quantitative).
                               Gums...........       108.78       135.00
                               Heavy Metal           317.28       326.25
                                Screen.
                               High Sucrose          145.04          (3)
                                Content or
                                Avasucrol
                                (Holland Eggs).
                               Hydrogen Ion           18.13          (3)
                                Activity, pH.
                               Mercury, Cold          90.65       135.00
                                Vapor AA.
                               Metals (Other          72.52          (3)
                                Than Heavy,
                                Each Metal).
                               Monosodium            145.04       180.00
                                Dihydrogen
                                Phosphate.
                               Monosodium            145.04       180.00
                                Glutamate.
                               Niacin.........        72.52        90.00
                               Nitrites               18.13          (3)
                                (Qualitative).
                               Nitrites              108.78          (3)
                                (Quantitative).
                               Ochratoxin A...          (1)        67.50
                               Odor...........         9.07        11.25
                               Organic Acids            (1)       180.00
                                (in Eggs).
                               Oxygen.........        18.13        22.50
                               Palatability
                                and Odor:
                                 First Sample.        27.20        22.50
                                 Each                 18.13          (3)
                                  Additional
                                  Sample.
                               Penicillin.....          (1)        67.50
                               Phosphatase,           36.26          (3)
                                Residual.
                               Phosphorus.....        72.52          (3)
                               Propylene              72.52          (3)
                                Glycol,
                                Codistillation
                                :
                                (Qualitative).
                               Pyrethrin             145.04       180.00
                                Residue
                                (Dairy).
                               Scorched                9.07        22.50
                                Particles.
                               Sodium,                36.26        45.00
                                Potentiometric.
                               Sodium                 54.39        67.50
                                Benzoate, HPLC.
                               Sodium Lauryl         290.08          (3)
                                Sulfate (SLS).
                               Sodium                 72.52        90.00
                                Silicoaluminat
                                e (Zeolex).
                               Solubility             18.13        11.25
                                Index.
                               Starch (in Dry           (1)        22.50
                                Milk).
                               Starch, Direct        108.78        90.00
                                Acid
                                Hydrolysis.
                               Sugar,                 36.26        33.75
                                Polarimetric
                                Methods.
                               Sugar Profile,
                                HPLC--
                                 One type            108.78       135.00
                                  sugar from
                                  profile.
                                 Each                 18.13        22.50
                                  additional
                                  type sugar.
                               Sugars, Non-          108.78       135.00
                                Reducing.
                               Sugars, Total          72.52          (3)
                                as Invert.
                               Sulfites               27.20          (3)
                                (Qualitative).
                               Sulfur Dioxide,        36.26        45.00
                                Direct
                                Titration.
                               Sulfur Dioxide,        54.39          (3)
                                Monier-
                                Williams.
                               Toluene,               72.52        90.00
                                Residual.
                               Triethyl               36.26          (3)
                                Citrate, GC
                                (Quantitative).
                               Vitamin A, Carr-       45.33       112.50
                                Price (Dairy).
                               Vitamin A, HPLC        90.65        90.00
                               Vitamin B-1            72.52        90.00
                                (Thiamin).
                               Vitamin B-2            72.52        90.00
                                (Riboflavin).
                               Vitamin D, HPLC       308.21       382.50
                                (Vitamins D2 &
                                D3/Dairy).
                               Whey Protein           27.20        33.75
                                Nitrogen.
                               Whey Protein             (1)       112.50
                                Nitrogen,
                                Kjeldahl.
                               Xanthydrol Test        54.39        67.50
                                for Urea.
                               This is an
                                optional test
                                to the
                                extraneous
                                material
                                isolation
                                test.
------------------------------------------------------------------------
1 None.
2 Redistributed.
3 Removed.


[[Page 34306]]


                            Table 4.--Amended
------------------------------------------------------------------------
                                   Type of                     Proposed
   Name of specific program        analysis     Current fee      fee
------------------------------------------------------------------------
Table 4--Single Test           Available            $145.04          (2)
 Laboratory Fees for Other      Carbon Dioxide        72.52          (2)
 Chemical and Physical          (Baking                 (1)       $11.25
 Component Analyses             Powders).              9.07        11.25
                               Capsaicin (Hot         36.26        45.00
                                Sauce).               18.13          (2)
                               Cheese (Fines).        18.13          (2)
                               Color, Apparent-
                                Visual.
                               Complete Kohman
                                Analysis-
                                DairyExtractab
                                le Color in
                                Spices.
                               Grape Juice
                                Absorbancy
                                Ratio.
                               Hot Water                (1)        67.50
                                Insolubles.
                               Hydroxymethylfu        36.26          (2)
                                rfural (Honey).
                               Jelly Strength         90.65          (2)
                                (Bloom).
                               Linolenic Acid.        72.52        90.00
                               Methyl                 36.26          (2)
                                Anthranilate.
                               Net Weight (Per         9.07        11.25
                                Can).
                               Non-Volatile           90.65       112.50
                                Methylene
                                Chloride
                                Extract.
                               Overrun for            27.20        33.75
                                Whipped
                                Topping.
                               Particle Size          18.13        22.50
                                (Ether Wash).
                               pH.............          (1)        11.25
                               pH--Quinhydrone        18.13        22.50
                                (Cheese).
                               Potassium              54.39        67.50
                                Iodide (Table
                                Salt).
                               Protein                  (1)        45.00
                                Reducing
                                Substances.
                               Quinic Acid            63.46        78.75
                                (Cranberry
                                Juice).
                               Serum Drainage         18.13        22.50
                                for Whipped
                                Topping.
                               Sieve or               18.13        22.50
                                Particle Size.
                               Rate of Wetting        18.13        22.50
                                (Nondairy
                                Creamer).
                               Reducing Sugars        72.52        90.00
                               Water Activity.        27.20        22.50
                               Water Insoluble        72.52        90.00
                                Inorganic
                                Residues
                                (WIIR).
                               Yellow Onion           27.20         (2)
                                Test.
------------------------------------------------------------------------
1 None.
2 Removed.


                            Table 5.--Amended
------------------------------------------------------------------------
                                   Type of                     Proposed
   Name of specific program        analysis     Current fee      fee
------------------------------------------------------------------------
Table 5--Single Test           Aerobic               $18.13       $22.50
 Laboratory Fees for            (Standard)            27.20        33.75
 Microbiological Analyses.      Plate Count.          72.52        90.00
                               Anaerobic              36.26        45.00
                                Bacterial            145.04          (2)
                                Plate Count.
                               Bacillus cereus
                               Bacterial
                                Direct
                                Microscopic
                                Count.
                               Campylobacter
                                jejuni.
                               Coliform Plate         18.13        22.50
                                Count (Dairy
                                Products).
                               Coliform Plate         27.20        33.75
                                Count, Violet
                                Red Bile Agar
                                (Presumptive
                                Coliform Plate
                                Count).
                               Coliforms, Most
                                Probable
                                Number (MPN):
                                 Step 1.......        27.20        33.75
                                 Step 2.......        27.20        22.50
                               Direct                   (1)        11.25
                                Microscopic
                                Clump Count.
                               Direct                   (1)        45.00
                                Microscopic
                                Clump Count
                                Greater Than
                                75 Million.
                               E. coli,               54.39        45.00
                                Presumptive
                                MPN
                                (Additional).
                               E. coli (MUG)..          (1)        33.75
                               Enterococci           108.78       135.00
                                Count.
                               Howard Mold              (1)        56.25
                                Count.
                               Lactobacillus          45.33        56.25
                                Count.
                               Lactic Acid              (1)        22.50
                                Tolerant
                                Microbes.
                               Listeria
                                monocytogenes
                                Confirmation
                                Analysis:
                                 Step 1.......        54.39        67.50
                                 Step 2.......        54.39        56.25
                                 Step 3               90.65       112.50
                                  (Confirmatio
                                  n).
                               Parasite              145.05       180.00
                                Identification.
                               Psychrotrophic         27.20        45.00
                                Bacterial
                                Plate Count.
                               Salmonella
                                (USDA Culture
                                Method):
                                 Step 1 (Dairy       $36.26          (2)
                                  Products).
                                 Step 1.......        54.39       $78.75
                                 Step 2.......        27.20        33.75
                                 Step 3               54.39        56.25
                                  (Confirmatio
                                  n).
                                 Serological          90.65          (2)
                                  Typing
                                  (Optional).
                                 Salmonella          108.78       135.00
                                  Enumeration
                                  (Complete
                                  Test).
                               Salmonella
                                (Rapid
                                Methods):

[[Page 34307]]

 
                                 Step 1.......        72.52        78.75
                                 Step 2.......        27.20        33.75
                                 Step 3               54.39        56.25
                                  (Confirmatio
                                  n).
                               Salmonella             36.26        45.00
                                typhi (Meat
                                Products).
                               Staphylococcus           (1)        67.50
                                aureus, Direct
                                Plating.
                               Staphylococcus         63.46        78.75
                                aureus, MPN:
                                With Coagulase
                                Positive
                                Confirmation.
                               Thermoduric            27.20        33.75
                                Bacterial
                                Plate Count.
                               Yeast and Mold         18.13        22.50
                                Count.
                               Yeast and Mold           (1)        22.50
                                Differential
                                Confirmation.
                               Yeast and Mold         27.20        33.75
                                Differential
                                Plate Count.
                               Yeast or Mold            (1)       22.50
                                Confirmation.
------------------------------------------------------------------------
1 None.
2 Removed.


                           Table 6.--[Amended] Laboratory Fees for Aflatoxin Analyses
----------------------------------------------------------------------------------------------------------------
                                                    Current fee     Current fee    Proposed fee    Proposed fee
           Aflatoxin test by commodity              per single       per pair       per single       per pair
                                                     analysis        analyses        analysis       analyses 1
----------------------------------------------------------------------------------------------------------------
Peanut Butter (TLC-CB, HPLC, Affinity Column)             $36.26             (3)          $45.00             (3)
 Affinity Column)...............................
Corn (TLC-CB, HPLC, Affinity Column)............           36.26             (3)           45.00             (3)
Roasted Peanuts (TLC-BF)........................           36.26             (3)           45.00             (3)
Brazil Nuts (TLC-BF)............................           72.52             (3)           90.00             (3)
Pistachio Nuts (TLC-BF, HPLC)...................           72.52             (3)           90.00             (3)
Shelled Peanuts (TLC , Affinity Column).........           17.00          $34.00           45.00          $38.00
Shelled Peanuts (HPLC)..........................           31.00           62.00           45.00           70.00
Tree Nuts (TLC).................................           36.26             (3)           45.00             (3)
Oilseed Meals (TLC, HPLC, Affinity Column)......           36.26             (3)           45.00             (3)
Edible Seeds (TLC)..............................           36.26             (3)           45.00             (3)
Dried Fruit (TLC)...............................           36.26             (3)           45.00             (3)
Small Grains (TLC)..............................           36.26             (3)           45.00             (3)
In-Shell Peanuts (TLC, Affinity Column).........           17.00           34.00           45.00           38.00
In-Shell Peanuts (HPLC).........................             (2)             (2)           45.00           70.00
Silage; Other Grains (TLC)......................           36.26             (3)           45.00             (3)
Submitted Samples (TLC, HPLC, Affinity Column)..           36.26             (3)           45.00             (3)
Aflatoxin (Dairy, Eggs).........................          126.91             (2)          157.50            (3)
----------------------------------------------------------------------------------------------------------------
1 Aflatoxin testing of raw peanuts under Peanut Marketing Agreement for subsamples 1-AB, 2-AB, 3-AB, and 1-CD
  for single or pair of analyses is $19.00 or $38.00, respectively using Thin-Layer Chromatography (TLC) and
  Best Foods (BF) extraction or immunoaffinity column assay with fluorometric quantitation. The BF method has
  been modified to incorporate a water slurry extraction procedure. The Contaminants Branch (CB) method is used
  on occasion as an alternative method for peanuts and peanut meal when doubt exists as to the effectiveness of
  the Best Foods method in extracting aflatoxin from the sample or when background interferences exist that
  might mask TLC quantitation of aflatoxin. The cost per single or pair of analyses using High Pressure Liquid
  Chromatography (HPLC) is $35.00 and $70.00, respectively. Other aflatoxin analyses for fruits and vegetables
  are listed at Science and Technology's current hourly rate of $45.00.
2 None.
3 NA=Not Applicable.


      Table 7.--Miscellaneous Charges Supplemental--To Science and
                    Technology's Laboratory Test Fees
------------------------------------------------------------------------
 Laboratory service description    Current list fee    Proposed list fee
------------------------------------------------------------------------
Sample Grinding by Vertical       $18.13............  $22.50.
 Cutter Mixer (VCM).
Sample Grinding Canned Boned      36.26.............  11.25 per can.
 Poultry.
Sample Grinding by Dickens        None..............  11.25.
 Hammer Mill.
Sample Grinding (Meats, Meat        ................
 Products, Meals, Ready-to-Eat):
    Per pouch or raw sample.....  9.07..............  11.25.
    Per tray pack...............  18.13.............  22.50.
Compositing Multiple Subsamples   9.07..............  Varies--Preparatio
 for an Individual Test Sample--                       n fee based on
 Unit per Subsample.                                   $45.00 per hour.
------------------------------------------------------------------------


 Table 8.--Additional Charges Applicable to Sample Receipt and Analysis
                                 Report
------------------------------------------------------------------------
                                     Current list        Proposed list
       Service description              charge              charge
------------------------------------------------------------------------
Established Courier Expense at    $2.15.............  Removed.
 Albany, Georgia S&T Laboratory.

[[Page 34308]]

 
Courier Expense at Other AMS      Varies............  Varies (based on
 Laboratories: Mileage Charge                          total mileage).
 Set at $0.325 Per Mile Round
 Trip from Laboratory to
 Delivery Site..
Facsimile Charge (Per Analysis    $3.20 minimum up    $3.20 minimum up
 Report).                          to first 3 pages,   to first 3 pages,
                                   then $1.10 per      then $1.50 per
                                   page.               page.
Additional Analysis Report or     $18.13 per report   $22.50 per report
 Extra Certificate (\1/2\ hour     or certificate      or certificate
 charge minimum).                  reissued.           issued.
------------------------------------------------------------------------

    Currently, there are 200 tests or laboratory services in the 
current fee schedules in Tables 1 through 8 of Part 91 of the 
regulations. This proposed rule recommends removing 41 laboratory tests 
or services which have been found to be obsolete or which duplicate 
tests performed by other Agricultural Marketing Service programs. The 
proposed rule adds 28 new analytical tests that are frequently 
requested by many of Science and Technology's 811 customers. The 
customers for our laboratory services would benefit with the increased 
convenience of choosing newer and perhaps less costly analytical 
methods for determining a particular analyte in a commodity product. 
Once this rule becomes effective, there would be 187 laboratory test 
and service descriptions with scheduled fees in tables 1 through 8 of 
part 91 of the regulations. The majority of the fees have increased by 
24.1 percent. However, 11 fees have increased by a greater percentage 
and 8 fees have been lowered. Although the fees set for the various 
tests are based on the hourly fee, it is necessary to consider other 
factors when setting fees for some of the tests. For example, the large 
increase in proposed fees for some laboratory tests is due to the 
additional need to recover the large increase in costs for specialized 
chemicals or microbiological media and other materials for performing 
these tests. Therefore, the titratable acidity and the scorched 
particles analyses would increase from $9.07 to $22.50, and the Carr-
Price vitamin A (Dairy) test would increase from $45.33 to $112.50. For 
the same reason, S&T is proposing to increase the cost of performing 
step 1 for the Salmonella (USDA culture method) to $78.75 from $54.39 
and the fee for performing the psychrotrophic bacterial plate count 
would change from $27.20 to $45.00.
    The general 24.1 percent increase in user fees for laboratory 
services are intended to cover all of the costs associated with S&T 
Laboratory Program. In fee tables 1 through 8 in 7 CFR part 91, S&T is 
proposing to increase the fees for the quantitative antibiotic, the 
heavy metal screen, the step 1 Listeria monocytogenes analysis, the 
step 3 or confirmation Salmonella analysis (both the USDA culture and 
rapid methods), and the step 1 Salmonella analysis (rapid method) by 1, 
2.8, 3.4, 3.4 (both), and 8.6 percent respectively. In addition, 
certain laboratory fees are proposed to be lowered by 17.3 percent. 
These are the palatability and odor test, the direct acid hydrolysis 
starch test, the water activity test, the step 2 MPN coliforms test, 
and the MPN presumptive E. coli test. S&T is also proposing to lower 
the fees for the solubility index, the sugar polarimetric methods, and 
the HPLC vitamin A analysis by 37.9, 6.9, and 0.7 percent respectively.
    In its analysis of projected costs for fiscal years 1999 and 2000, 
AMS has identified increases in the costs of providing laboratory 
testing services despite declining revenues. In fiscal year 1999, the 
S&T Laboratory Program obligatory costs exceeded revenues by $1,423,869 
with costs at $6,419,006 and revenue at $4,995,137. There was an 
$807,299 decline in revenue in fiscal year 1999. For FY 2000 the S&T 
program expects to report a $1,562,534 deficit at the current fees 
because there are expected to be lower numbers of samples for analysis 
with all commodities at our laboratories. The S&T program projected 
costs and revenues for FY 2000 are $6,513,730 and $4,951,196 
respectively without a fee increase. The corresponding decrease in 
revenue with lower numbers of samples are attributable mainly to a 
shift in usage patterns on the part of applicants for testing services 
and change to government programs. For example, several federal 
commodity purchasing programs are now relying heavily on vendor 
certification rather than government laboratory testing; a larger 
percentage of peanut aflatoxin analyses are performed by Peanut 
Administrative (PAC) approved private laboratories; testing of tobacco 
samples is down; and poultry testing is decreasing due to changing 
importer country requirements. In addition, some companies are doing 
their own company analyses rather than using government laboratory 
testing services. Further, there has been a noticeable decrease in 
requested dairy product testing as a result of an ongoing phase out of 
the dairy price support program. Several streamlining actions to be 
completed in FY 2000 will result in cost savings. They include staff 
and space reductions or closing of laboratories. For example, S&T has 
voluntarily closed aflatoxin testing facilities at Dothan, Alabama and 
Ashburn, Georgia that are currently listed in 7 CFR part 91. Overall, 
costs are increasing despite these efforts. Employee salary and 
benefits, which account for approximately 68 percent of FY 2000 
operating budget, have increased 4.8 to 5.59 percent, depending on the 
locality, since January 2000. For FY 1999, these increases were 3.54 to 
4.02 percent, depending on locality. Rents, utilities, communications, 
and other overhead costs increased 5.1 percent during FY 1999. These 
overhead costs are projected to increase by the same percentage for FY 
2000.
    The AMS estimates that this rule would yield $1,584,383 overall in 
additional laboratory testing program revenues during FY 2000. The 
laboratory hourly fee rate would increase by approximately 24.1 percent 
from $36.26, as last revised effective May 4, 1998 (63 FR 16370). The 
new standard laboratory service fee rate would be $45.00 per hour. This 
fee would also apply to tests which are not listed in the fee schedules 
(Tables 1 through 8). The premium laboratory rate for appeals, holiday 
and overtime service would be $67.50 per analysis hour or one and one 
half times the fees listed in Tables 1 through 8. This represents an 
approximate 24.1 percent increase. The fees in Tables 1 through 8 would 
also be amended. Most of these would increase. Without an increase, 
anticipated revenue would not adequately cover increasing program 
costs. FY 2000 revenues for laboratory testing are expected to be 
$4,951,196 at the current hourly fee rates, obligatory costs are 
projected at $6,513,730, and trust fund balances would be $797,211,

[[Page 34309]]

which is below necessary reserve level ($2,552,243). With the fee 
increase, FY 2000 revenues are projected to be $5,017,147 with 
obligatory costs of $6,400,480 and trust balance at $874,667. Users of 
S&T testing services are under no obligation to use them. However, it 
is necessary for AMS to recover the cost of these services. The 
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.) 
provides for the collection of reimbursable fees from users of the 
program services to cover, as nearly as practicable, the costs of the 
services rendered.
    All divisions in the Agricultural Marketing Service (AMS) were 
designated as programs by the Administrator on September 18, 1997. 
Hence, this proposal also has name, position title, address 
corrections, and other changes which are administrative in nature as a 
result of these Agency restructuring efforts. The term ``Science and 
Technology Division'' would be changed to ``Science and Technology.'' 
The term ``Director'' would be replaced by the term ``Deputy 
Administrator.'' Section 91.5 would list new addresses for the Science 
and Technology regional laboratories, headquarters offices, the 
Information Technology (IT) office, the Statistical Branch office, and 
the offices for residue programs. The name ``Residue Branch'' in 
section 91.5 would be more appropriately named ``Pesticide Data 
Branch.'' In section 91.9, the Technical Service Branch Chief would 
replace the defunct Laboratory Operations Coordination Staff Chief 
position. In sections 91.23, 93.13, 94.4 and 98.4, the analytical 
method references would have updated addresses. Section 91.37 would 
list a world wide web (www) site (http://ams.usda.gov/science) in which 
to obtain updated schedules of the laboratory testing fees. In section 
91.37, a new fee ($11.25) in table 7 for sample grinding by Dickens 
hammer mill would be listed.. In table 8 of section 91.37, a revised 
facsimile charge ($1.50) for an additional page would be listed. In 
section 91.40, the established courier expense at the S&T peanut 
aflatoxin laboratory in Albany, Georgia would be removed.
    This proposed rule provides for a 20-day comment period. This 
period is deemed appropriate in view of the need to make changes to the 
fees as soon as possible, in order to cover the necessary and ongoing 
expenditures of the S&T Laboratory Program. All comments which are 
received during the comment period will be considered before this rule 
is finalized.

List of Subjects

7 CFR Part 90

    Agricultural commodities, Laboratories, Reporting and recordkeeping 
requirements.

7 CFR Part 91

    Administrative practice and procedure, Agricultural commodities, 
Laboratories, Reporting and recordkeeping requirements.

7 CFR Part 92

    Agricultural commodities, Laboratories, Pesticides and pests, 
Tobacco.

7 CFR Part 93

    Agricultural commodities, Citrus fruits, Fruit juices, Fruits, 
Laboratories, Nuts, Vegetables.

7 CFR Part 94

    Agricultural commodities, Eggs, Laboratories, Poultry.

7 CFR Part 98

    Agricultural commodities, Laboratories, Meat and Meat products.

    For the reasons set forth in the preamble, the Agricultural 
Marketing Service proposes to amend Title 7, chapter I, subchapter E, 
of the Code of Federal Regulations as follows:

PART 90--[AMENDED]

    1. The authority citation for part 90 continues to read as follows:

    Authority: 7 U.S.C. 1622, 1624.


Sec. 90.1  [Amended]

    2. In Sec. 90.1, the words ``Science and Technology Division'' are 
revised to read ``Science and Technology'', the words ``Science and 
Technology Division's'' are revised to read ``Science and 
Technology's'', and the word ``S&TD'' is revised to read ``S&T'' 
everywhere they appear.


Sec. 90.2  [Amended]

    3. In Sec. 90.2, the definitions of ``Director,'' ``Division'' and 
``Laboratories'' are removed and new definitions of ``Deputy 
Administrator'', ``Laboratories'', and ``Program'' are added in 
alphabetical order read as follows:


Sec. 90.2  General terms defined.

* * * * *
    Deputy Administrator. The Deputy Administrator of the Science and 
Technology program of the Agricultural Marketing Service agency, or any 
officer or employee of this agency to whom authority has heretofore 
been delegated, or to whom authority may hereafter be delegated, to 
act.
    Laboratories. Science and Technology laboratories performing the 
official analyses described in this subchapter.
    Program. The Science and Technology (S&T) program of the 
Agricultural Marketing Service (AMS) which performs official analytical 
testing services, issues licenses for cottonseed chemists, and conducts 
quality assurance reviews and grants accreditation or certification for 
commodity testing programs of laboratories.
* * * * *


Sec. 90.3  [Amended]

    4. In Sec. 90.3, the words ``Science and Technology Division'' are 
revised to read ``Science and Technology''.


Sec. 90.101  [Amended]

    5. In Sec. 90.101, the words ``Science and Technology Division'' 
are revised to read ``Science and Technology''.


Sec. 90.102  [Amended]

    6. In Sec. 90.102, the word ``Director'' is revised to read 
``Deputy Administrator''.

PART 91--[AMENDED]

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

    Authority: 7 U.S.C. 1622, 1624.


Sec. 91.1  [Amended]

    8. In Sec. 91.1, the words ``Science and Technology Division'' are 
revised to read ``Science and Technology''.
    9. In Sec. 91.2, the definition for ``Applicant'' is revised and 
the definition for ``Agency'' is added to read as follows:


Sec. 91.2  Definitions.

* * * * *
    Agency. The Agricultural Marketing Service agency of the United 
States Department of Agriculture.
* * * * *
    Applicant. Any person or organization requesting services provided 
by the Science and Technology (S&T) programs.
* * * * *


Sec. 91.3  [Amended]

    10. In Sec. 91.3, the words ``Division Director'' are revised to 
read ``Deputy Administrator''.
    11. Section 91.4 is revised to read as follows:


Sec. 91.4  Kinds of services.

    (a) Analytical tests. Analytical laboratory testing services under 
the regulations in this subchapter consist of microbiological, 
chemical, and certain

[[Page 34310]]

other analyses, requested by the applicant and performed on tobacco, 
seed, dairy, egg, fruit and vegetable, meat and poultry products, and 
related processed products. Analyses are performed to determine if 
products meet Federal specifications or specifications defined in 
purchase contracts and cooperative agreements. Laboratory analyses are 
also performed on egg products as part of the mandatory Egg Products 
Inspection Program under the management of USDA's Food Safety and 
Inspection Service (FSIS) as detailed in 9 CFR 590.580.
    (b) Examination and licensure. The manager of the Science and 
Technology's Cottonseed Chemist Licensing Program administers 
examinations and licenses chemists to certify the official grade of 
cottonseed.
    (c) Quality assurance reviews. The Science and Technology 
representative performs on-site laboratory quality assurance reviews 
(both required and voluntary) to ensure that appropriate technical 
methods, equipment maintenance, and quality control procedures are 
being observed.
    (d) Consultation. Technical advice, statistical science 
consultation, and quality assurance program assistance are provided by 
the representatives for the Science and Technology programs for 
domestic and foreign laboratories.
    12. Section 91.5 is revised to read as follows:


Sec. 91.5  Where services are offered.

    (a) Services are offered to applicants at the Science and 
Technology laboratories and facilities in the following list.
    (1) Science and Technology regional laboratories. A variety of 
tests and laboratory analyses are available in two regional multi-
disciplinary Science and Technology (S&T) laboratories, and are located 
as follows:

(i) USDA, AMS, S&T, Midwestern Laboratory, 3570 North Avondale Avenue, 
Chicago, IL 60618-5391.
(ii) USDA, AMS, S&T, Eastern Laboratory (Microbiology), 2311-B Aberdeen 
Boulevard, Gastonia, NC 28054.
(iii) USDA, AMS, S&T, Eastern Laboratory (Chemistry), 645 Cox Road, 
Gastonia, NC 28054.

    (2) Science and Technology (S&T) aflatoxin laboratories. The 
specialty laboratories performing aflatoxin testing on peanuts, peanut 
products, dried fruits, grains, edible seeds, tree nuts, shelled corn 
products, oilseed products and other commodities are located as 
follows:

(i) USDA, AMS, S&T, 1211 Schley Avenue, Albany, GA 31707.
(ii) USDA, AMS, S&T, c/o Golden Peanut Company, Mail: P.O. Box 279, 301 
West Pearl Street, Aulander, NC 27805.
(iii) USDA, AMS, S&T, 610 North Main Street, Blakely, GA 31723.
(iv) USDA, AMS, S&T, 107 South Fourth Street, Madill, OK 73446.
(v) USDA, AMS, S&T, c/o Cargill Peanut Products, Mail: P.O. Box 272, 
715 North Main Street, Dawson, GA 31742-0272.
(vi) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street, Suffolk, 
VA 23434.
    (3) Citrus laboratory. The Science and Technology's citrus 
laboratory specializes in testing citrus juices and other citrus 
products and is located as follows: USDA, AMS, S&T Eastern Laboratory 
(Citrus), 98 Third Street, S.W., Winter Haven, FL 33880.
    (4) Program laboratories. Laboratory services are available in all 
areas covered by cooperative agreements providing for this laboratory 
work and entered on behalf of the Department with cooperating Federal 
or State laboratory agencies pursuant to authority contained in Act(s) 
of Congress. Also, services may be provided in other areas not covered 
by a cooperative agreement if the Administrator determines that it is 
possible to provide such laboratory services.
    (5) Other alternative laboratories. Laboratory analyses may be 
conducted at alternative Science and Technology laboratories and can be 
reached from any commodity market in which a laboratory facility is 
located to the extent laboratory personnel are available.
    (6) The Plant Variety Protection (PVP) Office. The PVP office and 
plant examination facility of the Science and Technology programs 
issues certificates of protection to developers of novel varieties of 
plants which reproduce sexually. The PVP office is located as follows: 
USDA, AMS, Science & Technology, Plant Variety Protection Office, 
National Agricultural Library Building, Room 500, 10301 Baltimore 
Boulevard, Beltsville, MD 20705-2351.
    (7) Science and Technology headquarters offices. The examination, 
licensure, quality assurance reviews, laboratory accreditation/
certification and consultation services are provided by headquarters 
staff located in Washington, DC. The main headquarters office is 
located as follows: USDA, AMS, Science and Technology, Office of the 
Deputy Administrator, Room 3507 South Agriculture Bldg., Mail Stop 
0222, 1400 Independence Ave., SW., Washington, DC 20250.
    (8) The Information Technology (IT) Office. The IT office of the 
Science and Technology programs is headed by AMS's Chief Information 
Officer (CIO) and provides information technology services and 
management systems to the Agency and other agencies within the USDA. 
The main IT office is located as follows: USDA, AMS, Science and 
Technology, Office of the Chief Information Officer, 1752 South 
Agriculture Bldg., 1400 Independence Ave., SW., Washington, DC 20250.
    (9) Statistical Branch office. The Statistical Branch office of 
Science and Technology (S&T) provides statistical services to the 
Agency and other agencies within the USDA. In addition, the Statistical 
Branch office devices sample plans and performs consulting services for 
research studies in joint efforts with or in a leading role with other 
program areas of AMS or of the USDA. The main Statistical Branch office 
is located as follows: USDA, AMS, S&T Statistical Branch, 0611 South 
Agriculture Bldg., 1400 Independence Ave., SW., Washington, DC 20250.
    (10) Offices for Pesticide Residue Programs. Services afforded by 
the Federal Pesticide Record Keeping Program for restricted-use 
pesticides by certified applicators and services afforded by the 
Pesticide Data Program (PDP) are provided by offices located as 
follows:

(i) USDA, AMS, Science and Technology, Pesticide Data Branch, 8700 
Centreville Road, Suite 200, Manassas, VA 20110-8411.
(ii) USDA, AMS, Science and Technology, Pesticide Records Branch, 8700 
Centreville Road, Suite 202, Manassas, VA 20110-8411.
(iii) USDA, AMS, Science and Technology, Office of Associate Deputy 
Administrator, Room 3522 South Agriculture Bldg., 1400 Independence 
Ave., SW., Washington, DC 20250.

    (b) The addresses of the various laboratories and offices appear in 
the pertinent parts of this subchapter. A prospective applicant may 
obtain a current listing of addresses and telephone numbers of Science 
and Technology laboratories, offices, and facilities by addressing an 
inquiry to the Administrative Officer, Science and Technology, 
Agricultural Marketing Service, United States Department of Agriculture 
(USDA), P.O. Box 96456, Room 0727 South Building, Mail Stop 0271, 
Washington, DC 20090-6456.


Sec. 91.6  [Amended]

    13. In Sec. 91.6, paragraph (a), the words ``Science and Technology 
Division'' are

[[Page 34311]]

revised to read ``Science and Technology''.
    14. Section 91.9 is revised to read as follows:


Sec. 91.9  How to make an application.

    (a) Voluntary. An application for analysis and testing may be made 
by contacting the director or supervisor of the Science and Technology 
laboratory where the service is provided, or by contacting the 
Technical Services Branch Chief at Science and Technology Headquarters, 
Washington, DC. A list of the Science and Technology laboratories is 
included in Sec. 91.5.
    (b) Mandatory. In the case of mandatory analyses, such as those 
required to be performed on eggs and egg products, application for 
services may be submitted to the office or USDA agency which 
administers the program, or by contacting an inspector or grader who is 
involved with the program.
    15. Section 91.23 is revised to read as follows:


Sec. 91.23  Analytical methods.

    Most analyses are performed according to approved procedures 
described in manuals of standardized methodology. These standard 
methods are the specific methods used. Alternatively, equivalent 
methods prescribed in cooperative agreements are used. The manuals of 
standard methods most often used by the Science and Technology 
laboratories are listed as follows:
    (a) Approved Methods of the American Association of Cereal Chemists 
(AACC), American Association of Cereal Chemists/Eagan Press, 3340 Pilot 
Knob Road, St. Paul, Minnesota 55121-2097.
    (b) ASTA's Analytical Methods Manual, American Spice Trade 
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs, 
New Jersey 07632.
    (c) Compendium Methods for the Microbiological Examination of 
Foods, Carl Vanderzant and Don Splittstoesser (Editors), American 
Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 
20005.
    (d) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's 
Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional 
Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY 
10159-0945.
    (e) FDA Bacteriological Analytical Manual (BAM), AOAC 
INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 
20877-2417.
    (f) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research 
Branch, EPA Office of Research and Development (ORD), 26 West Martin 
Luther King Drive, Cincinnati, Ohio 45268.
    (g) Official Methods and Recommended Practices of the American Oil 
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box 
3489, 2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
    (h) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (i) Standard Analytical Methods of the Member Companies of Corn 
Industries Research Foundation, Corn Refiners Association (CRA), 1701 
Pennsylvania Avenue, NW, Washington, DC 20006.
    (j) Standard Methods for the Examination of Dairy Products, 
American Public Health Association, 1015 Fifteenth Street, NW, 
Washington, DC 20005.
    (k) Standard Methods for the Examination of Water and Wastewater, 
American Public Health Association (APHA), the American Water Works 
Association (AWWA) and the Water Pollution Control Federation, AWWA 
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
    (l) Test Methods for Evaluating Solid Waste Physical/Chemical 
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 
Integrated Manual (available from National Technical Information 
Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, 
Springfield, VA 22161).
    (m) U.S. Army Natick Research, Development and Engineering Center's 
Military Specifications, approved analytical test methods noted 
therein, Code NPP-9, Department of Defense Single Stock Point (DODSSP) 
for Military Specifications, Standards, Building 4/D, 700 Robbins 
Avenue, Philadelphia, PA 19111-5094.
    (n) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).
    16. Section 91.24 is revised to read as follows:


Sec. 91.24  Reports of test results.

    (a) Results of analyses are provided, in writing, by facsimile, by 
e-mail or other electronic means to the applicant.
    (b) Applicants may call the appropriate Science and Technology 
laboratory for interim or final results prior to issuance of the formal 
report. The advance results may be telegraphed, e-mailed, telephoned, 
or sent by facsimile to the applicant. Any additional expense for 
advance information shall be borne by the requesting party.
    (c) A letter report in lieu of an official certificate of analysis 
may be issued by a laboratory representative when such action appears 
to be more suitable than a certificate: Provided, that, issuance of 
such report is approved by the Deputy Administrator.


Sec. 91.25  [Amended]

    17. In Sec. 91.25, the words ``Division Director'' are revised to 
read ``Deputy Administrator''.


Sec. 91.26  [Amended]

    18. In Sec. 91.26, the words ``Division Director'' are revised to 
read ``Deputy Administrator'', and the word ``Division'' is revised to 
read ``Science and Technology Program'' everywhere they appear.


Sec. 91.31  [Amended]

    19. In Sec. 91.31, the words ``Division Director'' are revised to 
read ``Deputy Administrator''.
    20. Section 91.32 is revised to read as follows:


Sec. 91.32  Where to file for an appeal of a laboratory service and 
information required.

    (c) Application for an appeal of a laboratory service may be filed 
with the supervisor in the office or the director of the laboratory 
facility that issued the certificate or laboratory report on which the 
appeal analysis covering the commodity product is requested.
    (b) The application for an appeal of a laboratory service shall 
state the location of the lot of the commodity product and the reasons 
for the appeal; and date and serial number of the certificate covering 
the laboratory service of the commodity product on which the appeal is 
requested. In addition, such application shall be accompanied by the 
original and all available copies of the certificate or laboratory 
report.
    (c) Application for an appeal of a laboratory service may be made 
orally (in person or by telephone), in writing, by e-mail, by 
facsimile, or by telegraph. If made orally, written confirmation shall 
be made promptly.

[[Page 34312]]

    21. In part 91, subpart I Secs. 91.37 through 91.40 are revised to 
read as follows:


Sec. 91.37  Standard hourly fee rate for laboratory testing, analysis, 
and other services.

    (a) The standard hourly fee rate in this section for the individual 
laboratory analyses cover the costs of Science and Technology 
laboratory services, including issuance of certificates and personnel 
and overhead costs other than the commodity inspection fees referred to 
in 7 CFR 52.42 through 52.46, 52.48 through 52.51, 55.510 through 
55.530, 55.560 through 55.570, 58.38 through 58.43, 58.45 through 
58.46, 70.71 through 70.72, and 70.75 through 70.78. The hourly fee 
rates in this part 91 apply to all processed commodity products, except 
flue-cured and burley tobacco, and exclude aflatoxin analyses, citrus 
juices and certain citrus products. The printed updated schedules of 
the laboratory testing fees for processed fruits and vegetables (7 CFR 
part 93), poultry and egg products (7 CFR part 94), and meat and meat 
products (7 CFR part 98) will be available for distribution by the 
individual Laboratory Directors of Science and Technology laboratories 
listed in Sec. 91.5. The updated schedules of the laboratory testing 
fees are also available for electronic access on the world wide web 
(www) site at: http://ams.usda.gov/science. The fees for chemical 
analysis of cottonseed associated with grading and novel variety seed 
certification under the Plant Variety Protection Act are specified in 7 
CFR parts 96 and 97, respectively. Except as otherwise provided in this 
section, charges will be made for laboratory analysis at the standard 
hourly rate of $45.00 for the time required to perform the service. A 
minimum charge of one-quarter hour at $11.25 will be made for service 
pursuant to each request or certificate issued.
    (b) When a laboratory test service is provided for AMS by a 
commercial or State government laboratory, the applicant will be 
assessed a fee which covers the costs to the Science and Technology 
program for the service provided.
    When Science and Technology staff provides applied and 
developmental research and training activities for microbiological, 
physical and chemical analyses on agricultural commodities the 
applicant will be charged a fee on a reimbursable cost basis.

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


      Table 1.--Single Test Laboratory Fees for Proximate Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Ammonia, Ion Selective Electrode.............................    $101.25
Ash, Total...................................................      45.00
Chloride, Salt Titration (Dairy).............................      22.50
Fat, Acid Hydrolysis (Cheese)................................      45.00
Fat, Acid Hydrolysis (Mojonnier).............................      45.00
Fat (Dairy Products except Cheese)...........................      22.50
Fat (Dry Basis)..............................................      67.50
Fat, Ether Extraction (Soxhlet)..............................      45.00
Fat (Kohman Analysis)........................................      45.00
Fat, Microwave--Solvent Extraction...........................      45.00
Moisture, Distillation.......................................      45.00
Moisture, Oven...............................................      22.50
Moisture (Kohman Analysis)...................................      11.25
Protein, Combustion..........................................      90.00
Protein, Kjeldahl............................................      90.00
Salt, Back Titration.........................................      33.75
Salt, Potentiometric.........................................      22.50
Salt, (Rapid)................................................      33.75
------------------------------------------------------------------------


    Table 2.--Single Test Laboratory Fees for Lipid Related Analyses
------------------------------------------------------------------------
                       Type of analysis                         List fee
------------------------------------------------------------------------
Acid Degree Value (Dairy)....................................     $45.00
Acidity, Titratable..........................................      22.50
Density (Specific Gravity)...................................      11.25
Dispersibility (Instant Dry Whole Milk)......................      67.50
Dispersibility (Moates-Dabbah Method)........................      22.50
Fat Stability,\1\ AOM........................................      45.00
Fatty Acid Profile (AOAC-GC method)..........................     180.00
Flash Point Test only........................................      90.00
Free Fatty Acids.............................................      22.50
Meltability (Process Cheese).................................      22.50
Peanut Oil Analyses (Oil, Moisture, Free Fatty Acids,              45.00
 Ammonia, and Foreign Matter)................................
Any One of the Oilseed Oil Analyses..........................      22.50
Peroxide Value...............................................      33.75
Smoke Point Test only........................................      90.00
Smoke Point and Flash Point..................................     157.50
Solids, Total (Oven Drying)..................................      22.50
Soluble Solids, Refractometer................................     22.50
------------------------------------------------------------------------
\1\ Peroxide value analysis is required as a prerequisite to the fat
  stability test at the additional fee.


  Table 3.--Single Test Laboratory Fees for Food Additives (Direct and
                                Indirect)
------------------------------------------------------------------------
                    Type of analysis                         List fee
------------------------------------------------------------------------
Amitraz Residue, GLC....................................         $270.00
Antibiotic, Qualitative (Dairy).........................           22.50
Antibiotic, Quantitative \1\............................          393.75
Ascorbates (Qualitative--Meats).........................           22.50
Ascorbic Acid, Titration................................           45.00
Ascorbic Acid, Spectrophotometric.......................           45.00
Brix, Direct Percent Sucrose............................           22.50
Brix, Dilution..........................................           22.50
Butylated Hydroxyanisole (BHA)..........................           67.50
Butylated Hydroxytoluene (BHT)..........................           67.50
Caffeine, Micro Bailey-Andrew...........................           67.50
Caffeine, Spectrophotometric............................           78.75
Citric Acid, GLC or HPLC................................           67.50
Chlorinated Hydrocarbons:
    Pesticides and Industrial Chemicals--
        Initial Screen..................................          180.00
        Second Column Confirmation of Analyte...........           45.00
        Confirmation on Mass Spectrometer (Per Residue).           90.00
Dextrin (Qualitative)...................................           22.50
Dextrin (Quantitative)..................................          135.00
Filth, Heavy (Dairy)....................................          112.50
Filth, Heavy (Eggs).....................................          180.00
Filth, Light (Eggs).....................................          112.50

[[Page 34313]]

 
Filth, Light & Heavy (Eggs Extraneous)..................          270.00
Fines...................................................           22.50
Flavor (Dairy)..........................................           11.25
Flavor (Products except Dairy)..........................           33.75
Fumigants:
    Initial Screen--
        Dibromochloropropane (DBCP).....................           45.00
        Ethylene Dibromide..............................           45.00
        Methyl Bromide..................................           45.00
    Confirmation on Mass Spectrometer--
        Each individual fumigant residue................           90.00
Glucose (Qualitative)...................................           33.75
Glucose (Quantitative)..................................           78.75
Glycerol (Quantitative).................................          135.00
Gums....................................................          135.00
Heavy Metal Screen \2\..................................          326.25
Mercury, Cold Vapor AA..................................          135.00
Monosodium Dihydrogen Phosphate.........................          180.00
Monosodium Glutamate....................................          180.00
Niacin..................................................           90.00
Ochratoxin A............................................           67.50
Odor....................................................           11.25
Organic Acids (in Eggs).................................          180.00
Oxygen..................................................           22.50
Palatability and Odor:
    Each Sample.........................................           22.50
Penicillin..............................................           67.50
Pyrethrin Residue (Dairy)...............................          180.00
Scorched Particles......................................           22.50
Sodium, Potentiometric..................................           45.00
Sodium Benzoate, HPLC...................................           67.50
Sodium Lauryl Sulfate (SLS).............................          360.00
Sodium Silicoaluminate (Zeolex).........................           90.00
Solubility Index........................................           11.25
Starch, Direct Acid Hydrolysis..........................           90.00
Starch (in Dry Milk)....................................           22.50
Sugar, Polarimetric Methods.............................           33.75
Sugar Profile, HPLC \3\.................................
    One type sugar from HPLC profile....................          135.00
    Each additional type sugar..........................           22.50
Sugars, Non-Reducing....................................          135.00
Sulfur Dioxide, Direct Titration........................           45.00
Toluene, Residual.......................................           90.00
Vitamin A, Carr-Price (Dairy)...........................          112.50
Vitamin A, HPLC.........................................           90.00
Vitamin B-1 (Thiamin)...................................           90.00
Vitamin B-2 (Riboflavin)................................           90.00
Vitamin D, HPLC (Vitamins D2 and D3), Dairy.............          382.50
Whey Protein Nitrogen...................................           33.75
Whey Protein Nitrogen, Kjeldahl.........................          112.50
Xanthydrol Test For Urea................................           67.50
    This is an optional test to the extraneous materials
     isolation test.
------------------------------------------------------------------------
\1\ Antibiotic testing includes tests for chlorotetracycline,
  oxytetracycline, and tetracycline.
\2\ Heavy metal screen includes tests for cadmium, lead, and mercury.
\3\ This profile includes the following components: Dextrose, Fructose,
  Lactose, Maltose and Sucrose.


  Table 4.--Single Test Laboratory Fees for Other Chemical and Physical
                           Component Analyses
------------------------------------------------------------------------
                      Type of analysis                         List fee
------------------------------------------------------------------------
Cheese (Fines).............................................       $11.25
Color, Apparent--Visual....................................        11.25
Complete Kohman Analysis (Dairy)...........................        45.00
Hot Water Insolubles.......................................        67.50
Linolenic Acid.............................................        90.00
Net Weight (Per Can).......................................        11.25
Non-Volatile Methylene Chloride Extract....................       112.50
Overrun for Whipped Topping................................        33.75
Particle Size (Ether Wash).................................        22.50
pH.........................................................        11.25
pH--Quinhydrone (Cheese)...................................        22.50

[[Page 34314]]

 
Potassium Iodide (Table Salt)..............................        67.50
Protein Reducing Substances................................        45.00
Quinic Acid (Cranberry Juice)..............................        78.75
Serum Drainage for Whipped Topping.........................        22.50
Sieve or Particle Size.....................................        22.50
Rate of Wetting (Nondairy Creamer).........................        22.50
Reducing Sugars............................................        90.00
Water Activity.............................................        22.50
Water Insoluble Inorganic: Residues (WIIR).................        90.00
------------------------------------------------------------------------


    Table 5.--Single Test Laboratory Fees for Microbiological Analyses
------------------------------------------------------------------------
                    Type of analysis                         List fee
------------------------------------------------------------------------
Aerobic (Standard) Plate Count..........................          $22.50
Anaerobic Bacterial Plate Count.........................           33.75
Bacillus cereus.........................................           90.00
Bacterial Direct Microscopic Count......................           45.00
Coliform Plate Count (Dairy Products)...................           22.50
Coliform Plate Count, Violet Red Bile Agar (Presumptive            33.75
 Coliform Plate Count)..................................
Coliforms, Most Probable Number (MPN): \1\
    Step 1..............................................           33.75
    Step 2..............................................           22.50
Direct Microscopic Clump Count..........................           11.25
Direct Microscopic Clump Count-- Greater Than 75 Million           45.00
E. coli, Presumptive MPN (Additional) \2\...............           45.00
E. coli (MUG \3\).......................................           33.75
Enterococci Count.......................................          135.00
Howard Mold Count \4\...................................           56.25
Lactobacillus Count \5\.................................           56.25
Lactic Acid Tolerant Microbes...........................           22.50
Listeria monocytogenes Confirmation Analysis: \6\
    Step 1..............................................           67.50
    Step 2..............................................           56.25
    Step 3 (Confirmation)...............................          112.50
Parasite Identification.................................          180.00
Psychrotrophic Bacterial Plate Count....................           45.00
Salmonella (USDA Culture Method): \7\
    Step 1..............................................           78.75
    Step 2..............................................           33.75
    Step 3 (Confirmation)...............................           56.25
Salmonella Enumeration (Complete Test)..................          135.00
Salmonella (Rapid Methods): \8\
    Step 1..............................................           78.75
    Step 2..............................................           33.75
    Step 3 (Confirmation)...............................           56.25
Salmonella typhi (Meat Products) \9\....................           45.00
Staphylococcus aureus, Direct Plating...................           67.50
Staphylococcus aureus, MPN: With Coagulase Positive                78.75
 Confirmation...........................................
Thermoduric Bacterial Plate Count.......................           33.75
Yeast and Mold Count....................................           22.50
Yeast and Mold Differential Confirmation................           22.50
Yeast and Mold Differential Plate Count.................           33.75
Yeast or Mold Confirmation..............................          22.50
------------------------------------------------------------------------
\1\ Coliform MPN analysis may be in two steps as follows: Step 1--
  presumptive test through lauryl sulfate tryptose broth; Step 2--
  confirmatory test through brilliant green lactose bile broth.
\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\ In the presence of the substrate 4-methylumbelliferone--D-
  glucuronide (MUG), the enzyme -glucuronidase, which is found
  in the majority of E. coli strains, produces a fluorogenic end product
  which is visible under ultraviolet (UV) light.
\4\ Howard Mold Count involves counting mold filaments in commodity
  products.
\5\ Determination of bacterial plate count of different species of
  Lactobacillus.
\6\ Listeria monocytogenes test using the USDA method may be in three
  steps as follows: Step 1--isolation by University of Vermont modified
  (UVM) broth and Fraser's broth enrichments and selective plating with
  Modified Oxford (MOX) agar; Presumptive Step 2--typical colonies
  inoculated from Horse Blood into brain heart infusion (BHI) broth and
  check for characteristic motility; Confirmatory Step 3--culture from
  BHI broth with typical motility is inoculated into the seven
  biochemical media, BHI agar for oxidase and catalase tests, Motility
  test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.

[[Page 34315]]

 
 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 media,
  Sulfide-Indole-Motility (SIM) medium, and the CAMP test. Serology is
  checked using growth from TSA-YE plates.
 Both methods for Listeria determination have the equivalent time needed
  for each step.
\7\ Salmonella test may be in three steps as follows: Step 1-- growth
  through differential agars; Step 2--growth and testing through triple
  sugar iron and lysine iron agars; Step 3-- confirmatory test through
  biochemicals, and polyvalent serological testing with Poly ``O'' and
  Poly ``H'' antiserums. The serological typing of Salmonella is
  requested on occasion.
\8\ Salmonella test may be in three steps as follows: Step 1--growth in
  enrichment broths and ELISA test or DNA hybridization system assay;
  Step 2--growth and testing through triple sugar iron and lysine iron
  agars; Step 3--confirmatory test through biochemicals, and polyvalent
  serological testing with Poly ``O'' and Poly ``H'' antiserums.
\9\ Salmonella typhi determination in mechanically deboned meat.


            Table 6.--Laboratory Fees for Aflatoxin Analyses
------------------------------------------------------------------------
                                                           Pair analyses
       Aflatoxin test by commodity            Single          \1\ fee
                                           analysis fee
------------------------------------------------------------------------
Peanut Butter (TLC-CB, HPLC, Affinity             $45.00          NA \2\
 Column)................................
Corn (TLC-CB, HPLC, Affinity Column)....           45.00              NA
Roasted Peanuts (TLC-BF)................           45.00              NA
Brazil Nuts (TLC-BF)....................           90.00              NA
Pistachio Nuts (TLC-BF, HPLC)...........           90.00              NA
Shelled Peanuts (TLC, Affinity Column)..           45.00           38.00
Shelled Peanuts (HPLC)..................           45.00           70.00
Tree Nuts (TLC).........................           45.00              NA
Oilseed Meals (TLC, HPLC, Affinity                 45.00              NA
 Column)................................
Edible Seeds (TLC)......................           45.00              NA
Dried Fruit (TLC).......................           45.00              NA
Small Grains (TLC)......................           45.00              NA
In-Shell Peanuts (TLC, Affinity Column).           45.00           38.00
In-Shell Peanuts (HPLC).................           45.00           70.00
Silage; Other Grains (TLC)..............           45.00              NA
Submitted Samples (TLC, HPLC, Affinity             45.00              NA
 Column)................................
Aflatoxin (Dairy, Eggs).................          157.50             NA
------------------------------------------------------------------------
\1\ Aflatoxin testing of raw peanuts under Peanut Marketing Agreement
  for subsamples 1-AB, 2-AB, 3-AB, and 1-CD for single or pair of
  analyses is $19.00 or $38.00, respectively using Thin-Layer
  Chromatography (TLC) and Best Foods (BF) extraction or immunoaffinity
  column assay with fluorometric quantitation. The BF method has been
  modified to incorporate a water slurry extraction procedure. The
  Contaminants Branch (CB) method is used on occasion as an alternative
  method for peanuts and peanut meal when doubt exists as to the
  effectiveness of the Best Foods method in extracting aflatoxin from
  the sample or when background interferences exist that might mask TLC
  quantitation of aflatoxin. The cost per single or pair of analyses
  using High Pressure Liquid Chromatography (HPLC) is $35.00 and $70.00,
  respectively. Other aflatoxin analyses for fruits and vegetables are
  listed at Science and Technology's current hourly rate of $45.00.
\2\ NA denotes not applicable.


     Table 7.--Miscellaneous Charges Supplemental to the Science and
                  Technology's Laboratory Analysis Fees
------------------------------------------------------------------------
     Laboratory service description                  List fee
------------------------------------------------------------------------
Sample Grinding by Vertical Cutter       $22.50.
 Mixer (VCM).
Sample Grinding Canned Boned Poultry...  11.25 per can.
Sample Grinding by Dickens Hammer Mill.  11.25.
Sample Grinding (Meats, Meat Products,
 Meals, Ready-to-Eat):
    Per pouch or raw sample............  11.25.
    Per tray pack......................  22.50.
Compositing Multiple Subsamples for an   Varies Preparation fee based on
 Individual Test Sample Unit per          $45.00 per hour.
 subsample.
------------------------------------------------------------------------


    Table 8.--Additional Charges Applicable to the Sample Receipt and
                             Analysis Report
------------------------------------------------------------------------
          Service description                      List charge
------------------------------------------------------------------------
Courier Expense at Other AMS             Varies (based on total
 Laboratories: Mileage Charge Set at      mileage).
 32.5 Per Mile Round Trip from
 Laboratory to Delivery Site.
Facsimile Charge (Per Analysis Report).  $3.20 minimum up to first 3
                                          pages, then $1.50 per page.
Additional Analysis Report or Extra      $22.50 per report or
 Certificate (\1/2\ hour charge).         certificate reissued.
------------------------------------------------------------------------

Sec. 91.38  Additional fees for appeal of analysis.

    (a) The appellant will be charged an additional fee at a rate of 
1.5 times the standard rate stated in Sec. 91.37(a) if, as a result of 
an authorized appeal analysis, it is determined that the original test 
results are correct. The appeal laboratory rate is $67.50 per analysis 
hour.
    (b) The appeal fee will be waived if the appeal laboratory test 
discloses that an inadvertent error was made in the original analysis.

[[Page 34316]]

Sec. 91.39  Premium hourly fee rate for overtime and legal holiday 
service.

    (a) Laboratory analyses initiated at the special request of the 
applicant to be rendered on Saturdays, Sundays, Federal holidays, and 
on an overtime basis will be charged at a rate of 1.5 times the 
standard rate stated in Sec. 91.37 (a). The premium laboratory rate for 
holiday and overtime service will be $67.50 per analysis hour.
    (b) Information on legal holidays or what constitutes overtime 
service at a particular S&T laboratory is available from the Laboratory 
Director or facility supervisor.


Sec. 91.40  Fees for courier service and facsimile of the analysis 
report.

    (a) The Science and Technology laboratories have a courier charge 
per trip to retrieve the sample package. The courier service charge is 
determined from the established single standard mileage rate and from 
the total authorized distance based on the shortest round trip route 
from laboratory to sample retrieval site. Pursuant to the requirements 
of Title 5, United States Code (U.S.C.), part III, subpart D, 
Sec. 5704, paragraph (a) (1), the automobile reimbursement rate per 
mile established by the Administrator of General Services for an 
employee who is engaged on official business for the Government cannot 
exceed the single standard mileage rate established by the Internal 
Revenue Service (IRS).
    (b) The faxing of laboratory analysis reports or certificates is an 
optional service for each S&T facility offered at a fee specified in 
table 8 in Sec. 91.37.


Sec. 91.41  [Amended]

    22.-26. In Sec. 91.41, the words ``Division Director'' are revised 
to read ``Deputy Administrator.''
    27. Sec. 91.42 is revised to read as follows:


Sec. 91.42  Billing.

    (a) Each billing cycle will end on the 25th of the month. The 
applicant will be billed by the National Finance Center using the 
Billings and Collections System (BLCO) on the 1st day, following the 
end of the billing cycle in which voluntary laboratory services and 
other services were rendered at a particular Science and Technology 
laboratory.
    (b) The total charge shall normally be stated directly on the 
analysis report or on a standardized official certificate form for the 
laboratory analyses of a specific agricultural commodity and related 
commodity products.
    (c) The actual bill for collection will be issued by the USDA, 
National Finance Center Billings and Collection Branch, (Mail: P.O. Box 
60075), 13800 Old Gentilly Road, New Orleans, Louisiana 70160-0001.
    28. In Sec. 91.43, paragraph (b) is revised and in paragraph (c) 
the words ``Division Director'' are removed and the words ``Deputy 
Administrator'' are added in their place to read as follows:


Sec. 91.43  Payment of fees and charges.

* * * * *
    (b) Fees and charges for services under a cooperative agreement 
with a State or other AMS programs or other governmental agency will be 
paid in accordance with the terms of the cooperative agreement.
* * * * *
    29. In Sec. 91.44, paragraph (e) is revised to read as follows:


Sec. 91.44  Charges on overdue accounts and issuance of delinquency 
notices.

* * * * *
    (e) The Deputy Administrator of S&T program and personnel of the 
USDA, NFC Billings and Collections Branch (address as listed in 
Sec. 91.42) will take such actions as may be necessary to collect any 
delinquent amounts due for accounts in claim status.
    30. Section 91.45 is revised to read as follows:


Sec. 91.45  Charges for laboratory services on a contract basis.

    (a) Irrespective of hourly fee rates and charges prescribed in 
Sec. 91.37, or in other sections of this subchapter E, the Deputy 
Administrator may enter into contracts with applicants to perform 
continuous laboratory services or other types of laboratory services 
pursuant to the regulations in this part and other requirements, as 
prescribed by the Deputy Administrator in such contract. In addition, 
the charges for such laboratory services, provided in such contracts, 
shall be on such basis as will reimburse the Agricultural Marketing 
Service of the Department for the full cost of rendering such 
laboratory services, including an appropriate overhead charge to cover 
administrative overhead expenses as may be determined by the 
Administrator.
    (b) Irrespective of hourly fee rates and charges prescribed in this 
subpart I, or in other parts of this subchapter E, the Deputy 
Administrator may enter into a written Memorandum of Understanding 
(MOU) or agreement with any administrative agency or governing party 
for the performance of laboratory services pursuant to said agreement 
or order on a basis that will reimburse the Agricultural Marketing 
Service of the Department for the full cost of rendering such 
laboratory service, including an appropriate overhead administrative 
overhead charge.
    (c) The conditions and terms for renewal of such Memorandum of 
Understanding or agreement shall be specified in the contract.

PART 92--[AMENDED]

    1. The authority citation for part 92 continues to read as follows:

    Authority: 7 U.S.C. 511m and 7 U.S.C. 511r.


Sec. 92.1  [Amended]

    2. In Sec. 92.1, the words ``Science and Technology Division's'' 
are revised to read ``Science and Technology's''.


Sec. 92.2  [Amended]

    3. Section 92.2 is amended as follows:
    a. Remove the definition of ``Certificate of Analysis (Form CSSD-
3)''.
    b. Revise the definitions for ``2,4-D'', ``DDE'', ``Dicamba'', 
``HCB'', ``Maximum pesticide residue level'', ``Pesticide 
certification'', ``Pesticide test sample'',''Sample Identification Form 
(Form TB-89)'', ``2,4,5-T'', ``TDE'', and ``Tobacco''.
    c. Add two new definitions of ``AMS'' and ``Certificate of Analysis 
(Form TB-92)'' in alphabetical order to read as follows:


Sec. 92.2  Definitions.

* * * * *
    AMS. The abbreviations for the Agricultural Marketing Service (AMS) 
agency of the United States Department of Agriculture.
* * * * *
    Certificate of Analysis (Form TB-92). A legal document on which the 
confirmed test results for official samples will be testified to be 
correct by a Science and Technology chemist in charge of testing.
    2,4-D. The common abbreviation for the acid herbicide 2,4-
Dichlorophenoxyacetic acid.
* * * * *
    DDE. The common abbreviation for the chlorinated pesticide 
Dichlorodiphenyldichloroethylene. Degradation product of DDT by loss of 
one molecule of hydrochloric acid or referred to as a 
dehydrohalogenation process.
* * * * *
    Dicamba. The common name for the acid herbicide 2-Methoxy-3,6-
dichlorobenzoic acid.
* * * * *
    HCB. The common abbreviation for the organochlorine pesticide 
Hexachlorobenzene.
* * * * *

[[Page 34317]]

    Maximum pesticide residue level. The maximum concentration of 
residue allowable for a specific pesticide or combination of 
pesticides, as set forth in 7 CFR 29.427 by the AMS Deputy 
Administrator of the Tobacco Programs.
* * * * *
    Pesticide certification. A document issued by the Tobacco Programs 
in a form approved by its AMS Deputy Administrator, containing a 
certification by the importer that flue-cured and burley tobacco 
offered for importation does not exceed the maximum allowable residue 
levels of any pesticide that has been canceled, suspended, revoked, or 
otherwise prohibited under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA).
    Pesticide test sample. An official sample or samples, collected 
from a lot of tobacco by the AMS Tobacco Programs inspector for 
analysis by a certified chemist to ascertain the residue levels of 
pesticides that have been canceled, suspended, revoked, or otherwise 
prohibited under the FIFRA.
    Sample Identification Form (Form TB-89). A document titled 
``Imported Tobacco Pesticide Residue Analysis'' that is approved by the 
AMS Deputy Administrator of the Tobacco Programs that identifies and 
accompanies the sample to the testing facility.
    2,4,5-T. The common abbreviation for the acid herbicide 2,4,5-
Trichlorophenoxyacetic acid.
    TDE. DDD or the common abbreviation for the chlorinated insecticide 
1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (CAS number 72-54-8).
* * * * *
    Tobacco. Tobacco as it appears between the time it is cured and 
stripped from the stalk, or primed and cured, in whole leaf or strip 
form, and the time it enters into the different manufacturing 
processes. Conditioning, sweating, stemming, and threshing are not 
regarded as manufacturing processes. Tobacco, as used in this part, 
does not include manufactured or semi-manufactured products, stems, 
cuttings, clippings, trimmings, siftings, or dust.
    4. Section 92.3 is revised to read as follows:


Sec. 92.3  Location for laboratory testing and kind of services 
available.

    (a) The analytical testing of imported Type 92 flue-cured tobacco 
samples and imported Type 93 burley tobacco samples for maximum 
pesticide residue level determinations is performed at the AMS Science 
and Technology's Eastern Laboratory and is located at: USDA, AMS, 
Science and Technology, Eastern Laboratory (Chemistry), 645 Cox Road, 
Gastonia, NC 28054.
    (b) Domestic-grown tobacco and tobacco products may be analyzed for 
acid herbicides, chlorinated hydrocarbons, fumigants, and 
organophosphates at the Science and Technology facility in this 
section.
    (c) The Science and Technology facility performs for the AMS 
Tobacco Programs the quantitative and confirmatory chemical residue 
analyses on pesticide test samples of imported tobacco for the 
following specific pesticides:
    (1) Organochlorine pesticides such as Dichloro-
diphenyldichloroethylene (DDE), Dichloro Diphenyl Trichloroethane 
(DDT), 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (TDE), Toxaphene, 
Endrin, Aldrin, Dieldrin, Heptachlor, Methoxychlor, Chlordane, 
Heptachlor Epoxide, Hexachlorobenzene (HCB), Cypermethrin, and 
Permethrin.
    (2) Organophosphorus pesticides such as Formothion.
    (3) Fumigants such as Ethylene Dibromide (EDB) and 
Dibromochloropropane (DBCP).
    (4) Acid herbicides such as 2,4-D, 2,4,5-T, and Dicamba.
    5. In Sec. 92.4, paragraph (b) is revised to read as follows:


Sec. 92.4  Approved forms for reporting analytical results.

* * * * *
    (b) Test results of the pesticide analyses for tobacco shall be 
recorded on ``Certificate of Analysis For Official Samples'', Form TB-
92, and shall be expressed as parts by weight of the residue per one 
million parts by weight of the tobacco sample (parts per million or 
ppm), which concentration is representative for each particular 
pesticide residue found in the lot of tobacco. Form TB-92 is attached 
to Form TB-89 that is returned to the AMS Tobacco Programs. The 
analytical data on Form TB-92 substantiates the information placed on 
Form TB-89.
    6. Section 92.5 is revised to read as follows:


Sec. 92.5  Analytical methods.

    Every chemist certified to analyze tobacco samples for pesticide 
residue contamination shall follow precisely the USDA developed 
analytical test methods and all successive official method updates, as 
approved by the AMS Deputy Administrator, Science and Technology. Many 
of the official analyses for tobacco are found in the following 
manuals:
    (a) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research 
Branch, EPA Office of Research and Development (ORD), 26 West Martin 
Luther King Drive, Cincinnati, Ohio 45268.
    (b) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I 
and II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (c) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).
    7. Section 92.6 is revised to read as follows:


Sec. 92.6  Cost for pesticide analysis set by cooperative agreement.

    The fee for the pesticide analysis of tobacco is set by the AMS 
Tobacco Programs, in conjunction with the AMS Science and Technology 
program, and appears at 7 CFR 29.500 as part of Tobacco Programs' fees 
for sampling and certification of imported flue-cured and burley 
tobacco. A Memorandum of Understanding (MOU) exists between the Tobacco 
Programs and the Science and Technology (S&T) for the testing of 
imported tobacco samples for pesticide residue contamination, and the 
corresponding agreement on the cost of analyses is specified in the 
MOU.

PART 93--[AMENDED]

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

    Authority: 7 U.S.C. 1622, 1624.


Sec. 93.2  [Amended]

    2. In Sec. 93.2, the definitions for ``Brix or degrees Brix'', 
``Brix value'' and ``Recoverable oil'' are revised to read as follows:


Sec. 93.2  Definitions.

* * * * *
    Brix or degrees Brix. The percent by weight concentration of the 
total soluble solids of the juice or citrus product when tested with a 
Brix hydrometer calibrated at 20  deg.C (68  deg.F) and to which any 
applicable temperature correction has been made. The Brix or degrees 
Brix may be determined by any other method which gives equivalent 
results.
    Brix value. The pure sucrose or soluble solids value of the juice 
or citrus product determined by using the

[[Page 34318]]

refractometer along with the ``International Scale of Refractive 
Indices of Sucrose Solutions'' and to which the applicable correction 
for acidity is added. The Brix value is determined in accordance with 
the refractometer method outlined in the Official Methods of Analysis 
of AOAC INTERNATIONAL, Volumes I & II.
* * * * *
    Recoverable oil. The percent of oil by volume, determined by the 
bromate titration method after distillation and acidification as 
described in the current edition of the Official Methods of Analysis of 
AOAC INTERNATIONAL, Volumes I & II.
* * * * *
    3. Section 93.3 is revised to read as follows:


Sec. 93.3  Analyses available and location of laboratory.

    (a) Laboratory analyses of citrus juice and other citrus products 
are being performed at the following Science and Technology location: 
USDA, AMS, S&T Eastern Laboratory (Citrus), 98 Third Street, S.W., 
Winter Haven, FL 33880.
    (b) Laboratory analyses of citrus fruit and products in Florida are 
available in order to determine if such commodities satisfy the quality 
and grade standards set forth in the Florida Citrus Code (Florida 
Statutes Pursuant to Chapter 601). Such analyses include tests for acid 
as anhydrous citric acid, Brix, Brix/acid ratio, recoverable oil, and 
artificial coloring matter additive, as turmeric. The Fruit and 
Vegetable Inspectors of the Division of Fruit and Vegetable of the 
Florida Department of Agriculture and Consumer Services may also 
request analyses for arsenic metal, pulp wash (ultraviolet and 
fluorescence), standard plate count, yeast with mold count, and 
nutritive sweetening ingredients as sugars.
    (c) There are additional laboratory tests available upon request at 
the Science and Technology Eastern (Citrus) Laboratory at Winter Haven, 
Florida. Such analyses include tests for vitamins, naringin, sodium 
benzoate, Salmonella, protein, salt, pesticide residues, sodium metal, 
ash, potassium metal, and coliforms for citrus products.
    4. Section 93.4 is revised to read as follows:


Sec. 93.4  Analytical methods.

    (a) The majority of analytical methods for citrus products are 
found in the Official Methods of Analysis of AOAC INTERNATIONAL, 
Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 
500, Gaithersburg, MD 20877-2417.
    (b) Other analytical methods for citrus products may be used as 
approved by the AMS Deputy Administrator, Science and Technology (S&T).
    5. Section 93.5 is revised to read as follows:


Sec. 93.5  Fees for citrus product analyses set by cooperative 
agreement.

    The fees for the analyses of fresh citrus juices and other citrus 
products shall be set by mutual agreement between the applicant, the 
State of Florida, and the AMS Deputy Administrator, Science and 
Technology programs. A Memorandum of Understanding (MOU) or cooperative 
agreement exists presently with the AMS Science and Technology and the 
State of Florida, regarding the set hourly rate and the costs to 
perform individual analytical tests on Florida citrus products, for the 
State.
    6. In Sec. 93.11, the definitions for ``Aflatoxin'' and ``Peanut 
Administrative Committee (PAC)'' are revised to read as follows:


Sec. 93.11  Definitions.

* * * * *
    Aflatoxin. A toxic metabolite produced by the molds Aspergillus 
flavus, Aspergillus parasiticus, and Aspergillus nomius. The aflatoxin 
compounds fluoresce when viewed under UV light as follows: aflatoxin 
B1 and derivatives with a blue fluorescence, aflatoxin 
B2 with a blue-violet fluorescence, aflatoxin G1 
with a green fluorescence, aflatoxin G2 with a green-blue 
fluorescence, aflatoxin M1 with a blue-violet fluorescence, 
and aflatoxin M2 with a violet fluorescence. These closely 
related molecular structures are referred to as aflatoxin 
B1, B2, G1, G2, 
M1, M2, GM1, B2a, 
G2a, R0, B3, 1-
OCH3B2, and 1-CH3G2.
    Peanut Administrative Committee (PAC). The committee established 
under the United States Department of Agriculture Marketing Agreement 
for Peanuts, 7 CFR part 998, which administers the terms and provisions 
of this Agreement, including the aflatoxin control program for 
domestically produced raw peanuts, for peanut shellers. The Peanut 
Administrative Committee (PAC) headquarters are at 2537 Lafayette Plaza 
Drive Suite A; Albany, Georgia 31707.
* * * * *
    7. Section 93.12 is revised to read as follows:


Sec. 93.12  Analyses available and locations of laboratories.

    (a) Aflatoxin testing services. The aflatoxin analyses for peanuts, 
peanut products, dried fruits, grains, edible seeds, tree nuts, shelled 
corn products, cottonseed, oilseed products and other commodities are 
performed at the following 6 locations for AMS Science and Technology 
(S&T) Aflatoxin Laboratories:

(1) USDA, AMS, S&T, 1211 Schley Avenue, Albany, GA 31707.
(2) USDA, AMS, S&T, c/o Golden Peanut Company, Mail: P.O. Box 279, 301 
West Pearl Street, Aulander, NC 27805.
(3) USDA, AMS, S&T, 610 North Main Street, Blakely, GA 31723.
(4) USDA, AMS, S&T, 107 South Fourth Street, Madill, OK 73446.
(5) USDA, AMS, S&T, c/o Cargill Peanut Products, Mail: P.O. Box 272, 
715 North Main Street, Dawson, GA 31742-0272.
(6) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street, Suffolk, 
VA 23434.

    (b) Peanuts, peanut products, and oilseed testing services. (1) The 
Science and Technology (S&T) Aflatoxin Laboratories at Madill, Oklahoma 
and Blakely, Georgia will perform other analyses for peanuts, peanut 
products, and a variety of oilseeds. The analyses for oilseeds include 
testing for free fatty acids, ammonia, nitrogen or protein, moisture 
and volatile matter, foreign matter, and oil (fat) content.
    (2) All of the analyses described in paragraph (b)(1) of this 
section performed on a single seed sample are billed at the rate of one 
hour per sample. Any single seed analysis performed on a single sample 
is billed at the rate of one-half hour per sample. The standard hourly 
rate shall be as specified in Sec. 91.37(a) of this subchapter.
    (c) Vegetable oil testing services. The analyses for vegetable oils 
are performed at the USDA, AMS, Science and Technology (S&T) Midwestern 
Laboratory, 3570 North Avondale Avenue, Chicago, IL 60618-5391. The 
analyses for vegetable oils will include the flash point test, smoke 
point test, acid value, peroxide value, phosphorus in oil, and specific 
gravity. The fee charged for any single laboratory analysis for 
vegetable oils shall be obtained from the Midwestern Laboratory 
Director and it is based on the hourly fee rates and charges as 
specified in 7 CFR part 91, subpart I.
    8. Section 93.13 is revised to read as follows:


Sec. 93.13  Analytical methods.

    Official analyses for peanuts, nuts, corn, oilseeds, and related 
vegetable oils are found in the following manuals:
    (a) Approved Methods of the American Association of Cereal

[[Page 34319]]

Chemists (AACC), American Association of Cereal Chemists/Eagan Press, 
3340 Pilot Knob Road, St. Paul, Minnesota 55121-2097.
    (b) ASTA's Analytical Methods Manual, American Spice Trade 
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs, 
New Jersey 07632.
    (c) Analyst's Instruction for Aflatoxin (August 1994), S&T 
Instruction No. 1, USDA, Agricultural Marketing Service, Science and 
Technology, 3521 South Agriculture Building, 1400 Independence Avenue, 
SW, P.O. Box 96456, Washington, DC 20090-6456.
    (d) Official Methods and Recommended Practices of the American Oil 
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box 
3489, 2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
    (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.
    (f) Standard Analytical Methods of the Member Companies of Corn 
Industries Research Foundation, Corn Refiners Association (CRA), 1701 
Pennsylvania Avenue, NW, Washington, DC 20006.
    (g) U.S. Army Natick Research, Development and Engineering Center's 
Military Specifications, approved analytical test methods noted 
therein, Code NPP-9, Department of Defense Single Stock Point (DODSSP) 
for Military Specifications, Standards, Building 4/D, 700 Robbins 
Avenue, Philadelphia, PA 19111-5094.
    9. Section 93.14 is revised to read as follows:


Sec. 93.14  Fees for aflatoxin analysis and fees for testing of other 
mycotoxins.

    (a) The fee charged for any laboratory analysis for aflatoxins and 
other mycotoxins shall be obtained from the Laboratory Director for 
aflatoxin laboratories at the Dothan administrative office as follows: 
USDA, AMS, Science & Technology, 3119 Wesley Way, Suite 6, Dothan, 
Alabama 36305, Voice Phone: 334-794-5070, Facsimile: 334-792-1432.
    (b) The charge for the aflatoxin testing of raw peanuts under the 
Peanut Marketing Agreement for subsamples 1-AB, 2-AB, 3-AB, and 1-CD is 
a set cost per pair of analyses and shall be set by cooperative 
agreement between the Peanut Administrative Committee and AMS Science 
and Technology program.
    10. Section 93.15 is revised to read as follows:


Sec. 93.15  Fees for analytical testing of oilseeds.

    The fee charged for any laboratory analysis for oilseeds shall be 
obtained from the Laboratory Director for aflatoxin laboratories at the 
Dothan administrative office as listed in Sec. 93.14(a).

PART 94--[AMENDED]

    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).

    2. In Sec. 94.2, the definitions for ``Egg'', ``Egg product'' and 
``Mandatory sample'' are revised to read as follows:


Sec. 94.2  Definitions.

* * * * *
    Egg. The shell egg of the domesticated chicken, turkey, duck, 
goose, or guinea. Some of the terms applicable to shell eggs are 
defined by the AMS Poultry Programs in 7 CFR 57.5.
    Egg product. Any dried, frozen, or liquid eggs, with or without 
added ingredients. However, products which contain eggs only in a 
relatively small proportion or historically have not been, in the 
judgment of the Secretary, considered by consumers as products of the 
egg food industry may be exempted by the Secretary under such 
conditions as may be prescribed to assure that the egg ingredients are 
not adulterated and such products are not represented as egg products. 
Some of the products exempted as not being egg products are specified 
by the AMS Poultry Programs in 7 CFR 57.5.
    Mandatory sample. An official sample of egg product(s) taken for 
testing under authority of the Egg Products Inspection Act (21 U.S.C. 
1031-1056) for analysis by a United States Department of Agriculture, 
Agricultural Marketing Service, Science and Technology laboratory at 
government expense. A mandatory sample shall include an egg product 
sample to be analyzed for microbiological, chemical, or physical 
attributes. A mandatory egg product sample analyzed for the presence of 
Salmonella is also referred to as a confirmation sample as specified by 
the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580, 
paragraph (d).
* * * * *
    3. In Sec. 94.3, paragraphs (a), (b) and (e) are revised to read as 
follows:


Sec. 94.3  Analyses performed and locations of laboratories.

    (a) Samples drawn by a USDA egg products inspector will be analyzed 
by AMS Science and Technology (S&T) personnel for microbiological, 
chemical, and physical attributes. The analytical results of these 
samples will be reported to the resident egg products inspector at the 
applicable plant on the official certificate.
    (b) Mandatory egg product samples for Salmonella are required and 
are analyzed in S&T laboratories to spot check and confirm the adequacy 
of USDA approved and recognized laboratories for analyzing routine egg 
product samples for Salmonella.
* * * * *
    (e) The AMS Science and Technology's Eastern Laboratory shall 
conduct the majority of laboratory analyses for egg products. The 
analyses for mandatory egg product samples are performed at the 
following USDA location: USDA, AMS, Science & Technology, Eastern 
Laboratory (Microbiology), 2311-B Aberdeen Boulevard, Gastonia, NC 
28054.
    4. Section 94.4 is revised to read as follows:


Sec. 94.4  Analytical methods.

    The majority of analytical methods used by the USDA laboratories to 
perform mandatory analyses for egg products are listed as follows:
    (a) Compendium Methods for the Microbiological Examination of 
Foods, Carl Vanderzant and Don Splittstoesser (Editors), American 
Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 
20005.
    (b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's 
Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional 
Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY 
10159-0945.
    (c) FDA Bacteriological Analytical Manual (BAM), AOAC 
INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 
20877-2417.
    (d) Manual of Analytical Methods for the Analysis of Pesticide 
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. 
Environmental Protection Agency (EPA) Chemical Exposure Research 
Branch, EPA Office of Research and Development (ORD), 26 West Martin 
Luther King Drive, Cincinnati, Ohio 45268.
    (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & 
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417.

[[Page 34320]]

    (f) Standard Methods for the Examination of Dairy Products, 
American Public Health Association, 1015 Fifteenth Street, NW, 
Washington, DC 20005.
    (g) Standard Methods for the Examination of Water and Wastewater, 
American Public Health Association (APHA), the American Water Works 
Association (AWWA) and the Water Pollution Control Federation, AWWA 
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
    (h) Test Methods for Evaluating Solid Waste Physical/Chemical 
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 
Integrated Manual (available from National Technical Information 
Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, 
Springfield, VA 22161).
    (i) U.S. Food and Drug Administration, Pesticide Analytical Manuals 
(PAM), Volumes I and II, Food and Drug Administration, Center for Food 
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 
20204 (available from National Technical Information Service (NTIS), 
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 
22161).

PART 98--[AMENDED]

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

    Authority: 7 U.S.C. 1622, 1624.

    2. In part 98, the words ``Science and Technology Division'' are 
revised to read ``Science and Technology'', and the word ``S&TD'' is 
revised to read ``S&T'' everywhere they appear.

    Dated: May 22, 2000.
William J. Franks, Jr.,
Deputy Administrator, Science and Technology, Agricultural Marketing 
Service.
[FR Doc. 00-13238 Filed 5-25-00; 8:45 am]
BILLING CODE 3410-02-P