SUBPART C-FORMS, INSTRUCTIONS, AND APPLICATIONS

FORMS OF OFFICIAL IDENTIFICATION

§ 70.380 Forms of official identification. The forms prescribed in §§ 70.380 to 70.384 are subject to the requirements of $$ 70.90 to 70.94, Identifying and Marketing Products.

$ 70.381 Form of grade mark. The grade mark approved for use pursuant to § 70.91, on a graded product shall be contained within a shield of the form and design indicated in the example in Figure 1. The information (including the form and arrangement of its wording) which is required in such mark shall be: (a) The letters "USDA," (b) the U. S. grade of the product, and (c) if such information is not shown prominently elsewhere on the packaging material, the class of the product or the term "mature" or "old," if the product is other than from young poultry. In addition, one of the following phrases shall be included: "Graded under Federal-State supervision," "Graded under U. S. and (State) supervision;" or a term of similar import. The plant number of the official plant shall be set forth if it does not appear on the packaging material, and such other material as the Administrator may approve may also be included within such shield. However, the grade mark for ready-to-cook poultry may be used only when the product is identified as having been inspected by Federal inspectors or by inspectors of any other inspection system acceptable to the Administrator.

EXAMPLE OF GRADE MARK FOR READY-TO-COOK POULTRY

$70.382 Form of inspection mark. The inspection mark approved for use on inspected and certified edible products shall be contained within a circle and contain the following wording: "Inspected for Wholesomeness by U. S. Department of Agriculture." The form and arrangement of such wording shall be as indicated in the example in Figure 2. In addition, the plant number of the official plant shall be set forth if it does not appear on the packaging material.

$ 70.383 Combined form of grade mark and inspection mark. With respect to any product which was inspected and graded, a combined form of grade mark and inspection mark is approved for use pursuant to §§ 70.91 to 70.92. Such combination form shall contain applicable wording and be of the form and design indicated in Figure 3, except that when the information pertaining to the class of the product appears prominently on the packaging material the combination form of the grade mark and inspection mark indicated in Figure 4 may be used in lieu of that indicated in Figure 3. Such other material as the Administrator may approve may be included as a part of the combined form of grade mark and inspection mark. Separate forms of the grade mark and the inspection mark may be used in lieu of the combined form of grade mark and inspection mark.

recommendation shall be in writing and be accompanied by a statement of the qualifications of the applicant. He shall be responsible for making surveys of plants applying for service within his State and present his recommendation for action on such applications in writing accompanied by appropriate supporting evidence to the Federal office of the inspection service. The assignment of State employed inspectors to plants shall be mutually agreeable to the State agency and AMS. Insofar as practicable inspectors will not be assigned to

plants where they have been previously employed.

§ 70.398 Employment and licensing of State inspectors. (a) The cooperating State agency shall assume responsibility for recruitment and employment of State inspectors for plants under the Federal-State service, and the salaries of such inspectors shall be paid by the State. Such inspectors may be employed only when licensed by AMS. and it shall be understood that AMS shall have the authority to withdraw such license at any time (and thus terminate the services of any such inspector) in accordance with the provisions of the regulations. The licensed State inspector shall not under any circumstance, while a licensed inspector, accept employment money or remuneration of any kind from the company to which assigned.

(b) Each prospective State inspector shall complete a period of training under the immediate supervision of a Federally employed training supervisor. The license issued to the prospective State inspector shall be a limited license authorizing him to perform inspection work only under the supervision of the inspectorin-charge of the station to which he is assigned. A license authorizing the State inspector to serve as inspector-in-charge of a station may be issued when it has been determined by the officer-in-charge of the poultry grading and inspection service of AMS that the inspector is qualified for such a position.

§ 70.399 Duties of State-employed inspectors. The duties of the State-employed inspectors shall be the same as the duties of Federally-employed inspectors. Inspectors shall make proper, accurate and adequate post-mortem examinations of poultry carcasses and shall thoroughly familiarize themselves with and adhere to the inspection procedures and the applicable provisions of the Federal regulations governing inspection service.

$70.400 Replacement of Federal inspectors. When Federal-State inspection service is inaugurated in a State, and when such service will replace Federal inspection service furnished in the State at that time, the replacement of Federal inspectors by State inspectors shall not be carried out until satisfactory transfers of the Federal inspectors to plants out of the State can be accomplished by AMS.

$ 70.401 Collection of fees. Either the cooperating State agency or AMS, as agreed upon, may assume the responsibility for the collection of all fees for Federal-State inspection strvice in the State. The contract providing for Federal-State inspection service shall be between each firm under Federal-State inspection service and the agency responsible for the collection of fees, and each such contract, in either case, shall be approved or concurred in by AMS. $ 70.402 Reimbursement of AMS by State cooperating agency. When the cooperating State agency assumes the responsibility for the collection of fees, it shall reimburse AMS from fees collected or from State appropriations, or both, for the following:

(a) An amount equal to that part of the Federal-State supervisor's salary paid by AMS.

(b) An amount equal to salaries of any Federally employed inspectors who perform inspection service in any plant operating under Federal-State inspection service, such salary costs to cover the periods of such assignments.

(c) An amount to cover accrued leave both annual and sick and travel costs incurred by persons referred to in paragraphs (a) and (b) of this section, during periods such persons are performing Federal-State'service.

(d) An amount equal to 7 percent of the amounts referred to in paragraphs (a), (b), and (c) of this section.

(e) An amount sufficient to cover overhead in excess of that specified in paragraph (d) of this section, general supervision and other costs and expenses incurred by the Service in rendering the inspection service.

$ 70.403 Reimbursement of cooperating State agency by AMS. When AMS assumes the responsibility for the collection of fees, it shall reimburse the cooperating State agency for the salaries of the State inspectors, for periods during which such inspectors perform Federal-State inspection service, and for

INSTRUCTIONS GOVERNING THE ADMINISTRATION OF POULTRY INSPECTION WHERE A FEDERAL-STATE SERVICE IS DESIRED

Basis: Supervision

$ 70.390 Basis of providing Federal-State inspection service. Inspection service rendered pursuant to regulations governing the grading and inspection of poultry and edible products thereof (Subpart A of this part) may be furnished on a Federal basis or on a Federal-State basis as provided in §§ 70.390 to 70.404. Inspection service in accordance with the regulations shall be furnished on a Federal basis in any State where arrangements have not been made with cooperating State agencies for service on a Federal-State basis. Inspection service shall be furnished on a Federal-State basis in any State in which the cooperating State agency makes a request, and becomes a party to a cooperative agreement which provides for such Federal-State service. Such cooperating parties within the State may be any responsible and qualified agency interested in promoting orderly marketing of poultry products.

$ 70.391 Supervision. All inspection service which is provided under the aforesaid regulations and cooperatives agreements shall be technically and administratively supervised by the Agricultural Marketing Service (hereafter referred to as AMS) through its national and regional supervisory organization. It shall be the responsibility of AMS to determine that the services rendered pursuant to any cooperative agreement under the regulations are conducted in a satisfactory manner, that the actual post-mortem inspection of poultry is adequate and that uniform procedures and policies are followed in all plants in accordance with the requirements of the regulations. In a State where a Federal-State supervisor of inspection is provided, this supervisor shall be immediately responsible for the activities within the State. However, any supervisory official of AMS at a higher administrative level shall have the authority to observe independently of or in conjunction with the Federal-State supervisor, any particular station or the official activities of any particular inspector at any time he deems it advisable; and shall have the authority to supervise such activities as may be desirable and necessary. Supervisory direction should be applied through the Federal-State supervisor.

Conditions

$ 70.395 Regulations. The regulations of the Secretary of Agriculture governing the grading and inspection of poultry and edible products thereof and instructions of the Administrator governing the inspection of products shall apply to both Federal-State inspecion service and to Federal inspection service. AMS shall assume the responsibility for developing the regulations and any instructions issued pursuant thereto and for the supervision of inspection work carried on under the service.

$ 70.396 Qualifications of Federal-State supervisor. The Federal-State supervisor of inspection service shall meet the following qualifications:

(a) He shall have a veterinary degree from an accredited school.

(b) He shall have such technical knowledge, experience, and administrative and supervisory ability as will qualify him for satisfactorily performing the duties of a Federal-State supervisor. These qualifications shall be checked by and be acceptable to AMS.

(c) He shall have had experience in the Federal poultry inspection service or have successfully completed a course of training at an interne station which is under the supervision of the Federal poultry inspection service of AMS.

(d) He shall be given a joint Federal-State or a full Federal appointment. (e) He shall perform supervisory functions in a manner satisfactory to AMS. The Federal-State supervisor may at the discretion of AMS be removed from his position and replaced by another qualified employee whenever such action is in the best interests of AMS.

$ 70.397 Duties of the Federal-State supervisor. The Federal-State supervisor of inspection service shall be responsible for the supervision and proper conduct of inspection service within the State or States to which he is assigned. He may be assigned to supervise inspection service in a single State or in two or more adjoining States providing this is agreed to by AMS and the cooperating agencies in such States, except that a Federal-State supervisor shall not have more than 35 plants under his supervision. He shall examine each prospective State inspector and recommend acceptable applicants for a license. Such

recommendation shall be in writing and be accompanied by a statement of the qualifications of the applicant. He shall be responsible for making surveys of plants applying for service within his State and present his recommendation for action on such applications in writing accompanied by appropriate supporting evidence to the Federal office of the inspection service. The assignment of State employed inspectors to plants shall be mutually agreeable to the State agency and AMS. Insofar as practicable inspectors will not be assigned to plants where they have been previously employed.

$ 70.398 Employment and licensing of State inspectors. (a) The cooperating State agency shall assume responsibility for recruitment and employment of State inspectors for plants under the Federal-State service, and the salaries of such inspectors shall be paid by the State. Such inspectors may be employed only when licensed by AMS. and it shall be understood that AMS shall have the authority to withdraw such license at any time (and thus terminate the services of any such inspector) in accordance with the provisions of the regulations. The licensed State inspector shall not under any circumstance, while a licensed inspector, accept employment money or remuneration of any kind from the company to which assigned.

(b) Each prospective State inspector shall complete a period of training under the immediate supervision of a Federally employed training supervisor. The license issued to the prospective State inspector shall be a limited license authorizing him to perform inspection work only under the supervision of the inspectorin-charge of the station to which he is assigned. A license authorizing the State inspector to serve as inspector-in-charge of a station may be issued when it has heen determined by the officer-in-charge of the poultry grading and inspection service of AMS that the inspector is qualified for such a position.

$ 70.399 Duties of State-employed inspectors. The duties of the State-employed inspectors shall be the same as the duties of Federally-employed inspectors. Inspectors shall make proper, accurate and adequate post-mortem examinations of poultry carcasses and shall thoroughly familiarize themselves with and adhere to the inspection procedures and the applicable provisions of the Federal regulations governing inspection service.

$ 70.400 Replacement of Federal inspectors. When Federal-State inspection service is inaugurated in a State, and when such service will replace Federal inspection service furnished in the State at that time, the replacement of Federal inspectors by State inspectors shall not be carried out until satisfactory transfers of the Federal inspectors to plants out of the State can be accomplished by AMS.

$ 70.401 Collection of fees. Either the cooperating State agency or AMS, as agreed upon, may assume the responsibility for the collection of all fees for Federal-State inspection strvice in the State. The contract providing for Federal-State inspection service shall be between each firm under Federal-State inspection service and the agency responsible for the collection of fees, and each such contract, in either case, shall be approved or concurred in by AMS. $ 70.402 Reimbursement of AMS by State cooperating agency. When the cooperating State agency assumes the responsibility for the collection of fees, it shall reimburse AMS from fees collected or from State appropriations, or both, for the following:

(a) An amount equal to that part of the Federal-State supervisor's salary paid by AMS.

(b) An amount equal to salaries of any Federally employed inspectors who perform inspection service in any plant operating under Federal-State inspection service, such salary costs to cover the periods of such assignments.

(c) An amount to cover accrued leave both annual and sick and travel costs incurred by persons referred to in paragraphs (a) and (b) of this section, during periods such persons are performing Federal-State'service.

(d) An amount equal to 7 percent of the amounts referred to in paragraphs (a), (b), and (c) of this section.

(e) An amount sufficient to cover overhead in excess of that specified in paragraph (d) of this section, general supervision and other costs and expenses incurred by the Service in rendering the inspection service.

$ 70.403 Reimbursement of cooperating State agency by AMS. When AMS assumes the responsibility for the collection of fees, it shall reimburse the cooperating State agency for the salaries of the State inspectors, for periods during which such inspectors perform Federal-State inspection service, and for