Charges shall be made to cover the cost of travel and other expenses incurred by AMS in connection with the performance of any inspection or grading service. Such charges shall include the costs of travel, per diem, and other expenses, plus a charge of 25 percent of the amount charged for said travel, per diem and other expenses to cover administrative costs of AMS. When the Administrator determines it feasible, he may set a minimum average charge for specific location or markets. [39 FR 24511, July 3, 1974] § 58.43 Fees for inspection, grading and sampling. Except as otherwise provided in this section and §§ 58.38 through 58.47, charges shall be made for inspection, grading and sampling service at the hourly rate of $17.00 for service performed between 6 a.m. and 6 p.m., and $18.70 for service performed between 6 p.m. and 6 a.m., for the time required to perform the service calculated to the nearest 15 minute period, including the time required for preparation of certificates and reports, and travel of the inspector or grader in connection with the performance of the service. When the Administrator determines it feasible, he may set a minimum charge based on average time for specific types of service. A minimum charge of one-half hour shall be made for service pursuant to each request or certificate issued. 140 FR 50455, Oct. 30, 1975] § 58.44 Fees for laboratory analysis. Complete Kohman analysis______ Free fatty acid___ (e) Corn-Soya-Milk. Bostwick-uncooked Protein (Kjeldahl) 3.25 6.50 3.25 9.75 8. 20 1.65 18.00 8.20 4. 10 4. 10 3.25 1.25 4. 10 8.20 8.20 5.75 2.50 11.45 .80 [39 FR 24511, July 3, 1974] Except as otherwise provided in this section and sections 58.45 and 58.46, charges shall be made for laboratory analysis at the hourly rate of $18.00 for Crude fiber.. Flavor § 58.45 Fees for continuous resident scrvice. Irrespective of the fees and charges provided in §§ 59.39 and 58.43, charges for the inspector or grader in charge of a continuous resident program shall be made at the rate of $13.00/hour for services performed during the assigned tour of duty. Charges for the assistant inspector or grader shall be at the rate of $11.00/hour for the assigned tour of duty. Charges for service performed in excess of the assigned tours of duty shall be at a rate of 12 times the rates stated in this section. 140 FR 50455, Oct. 30, 1975] § 58.46 Fees for service performed under cooperative agreement. The fees to be charged and collected for any service performed under cooperative agreement shall be those provided for by such agreement. § 58.47 Fees for continuous non-resident service. Irrespective of the fees in §§ 58.39, 58.42 and 58.43, charges for continuous nonresident service shall be made at the hourly rate of $21.20 for services performed between 6 a.m. and 6 p.m., and $23.32 for services performed between 6 p.m. and 6 a.m., for the number of hours each inspector or grader is assigned including travel time at beginning and end of period. The costs of travel are included in this hourly rate. The charge for holiday, Saturday or Sunday work or overtime (work in excess of each eight-hour shift Monday through Friday) shall be at $29.70 per hour. 140 FR 50455, Oct. 30, 1975; 40 FR 52995, Nov. 14, 1975] MARKING, BRANDING, AND IDENTIFYING PRODUCT § 58.49 Authority to use official identification. Whenever the Administrator determines that the granting of authority to any person to package any product, inspected or graded pursuant to this part, and to use official identification, pursuant to §§ 58.49 through 58.57, will not be inconsistent with the Act and this part, he may authorize such use of official identification. Any application for such authority shall be submitted to the Administrator in such form as he may require. 185 § 58.50 Approval and form of official identification. (a) Any package label or packaging material which bears any official identification shall be used only in such manner as the Administrator may prescribe, and such official identification shall be of such form and contain such information as the Administrator may require. No label or packaging material bearing official identification shall be used unless finished copies or samples thereof have been approved by the Administrator. (b) Inspection or grade mark permitted to be used to officially identify packages containing dairy products which are inspected or graded pursuant to this part shall be contained in a shield in the form and design indicated in Figures 1, 2, and 3 of this section or such other form, design, or wording as may be approved by the Administrator. for grades are not established) processed and packed under USDA quality control service. The official identification shall be printed on the package label, on the carton or on the wrapper and, preferably, on one of the main panels of the carton or wrapper. The shield identification shall be not less than 34 inch by 3⁄4 inch in size, and preferably 1 inch by 1 inch on 1-pound cartons or wrappers. Consideration will be given by the Administrator of a smaller shield on special packages where the size of the label does not permit use of the 3/4 inch by 34 inch shield. (c) Official identification under this subpart shall be limited to U.S. Grade B or higher or to an equivalent standard of quality for U.S. name grades or numerical score grades when U.S. standards for grades of a product have not been established. (d) A sketch, proof, or photocopy of each proposed label or packaging material bearing official identification shall be submitted to the Chief of the Inspection and Grading Branch, Dairy Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250, for review and tentative approval prior to acquisition of a supply of material. (e) The firm packaging the product shall furnish to the Chief four copies of the printed labels and packaging materials bearing official identification for final approval prior to use. [37 FR 22363, Oct. 19, 1972, as amended at 39 FR 987, Jan. 4, 1974] § 58.51 Information required on official identification. Each official identification shall conspicuously indicate the U.S. grade of the product it identifies, if there be a grade, or such other appropriate terminology as may be approved by the Administrator. Also, it shall include the appropriate phrase: "Officially graded," "Officially Inspected," or "Federal-State graded." When required by the Administrator, the package label, carton, or wrapper bearing official identification for dairy products shall be stamped or perforated with the date packed and the certificate number or a code number to indicate lot and date packed. Such coding shall be made available to and approved by the Administrator. § 58.52 Time limit for packaging inspected or graded products with official identification. Any lot of butter which is graded for packaging with official grade identification shall be packaged within 10 days immediately following the date of grading, and any lot of natural cheese or dry milk shall be packaged within 30 days immediately following date of grading provided the product is properly stored during the 10- or 30-day period. Time limit for packaging other inspected or graded products shall be as approved by the Administrator. If inspected or graded product is moved to another 10cation, a reinspection or regrading shall be required. PREREQUISITES TO PACKAGING PRODUCTS WITH OFFICIAL IDENTIFICATION The official identification of any inspected or graded product, as provided in §§ 58.50 through 58.52, this section, and §§ 58.54 through 58.57, shall be done only under the supervision of a supervisor of packaging. The authority to use official identification may be granted by the Administrator only to applicants who utilize the services of a supervisor of packaging in accordance with this subpart. The supervisor of packaging shall have jurisdiction over the use and handling of all packaging material bearing any official identification. § 58.54 Packing and packaging room and equipment. Each applicant who is granted authority to package any product with official identification and who operates, for such purpose, a packaging room shall maintain the room and the equipment therein in accordance with this part. § 58.55 Facilities for keeping quality samples. Each applicant granted authority, as aforesaid, to package product with official identification shall provide and maintain suitable equipment for the purpose of incubating samples of product. § 58.56 Incubation of product samples. (a) Samples of product may be taken from any lot of product which is submitted for inspection or grading and pack § 58.58 VIOLATIONS Debarment of service. (a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affillates of such person, from any or all benefits of the Act for a specified period. The rules of practice governing withdrawal of inspection and grading services set forth in Part 50 of this chapter shall be applicable to such debarment action. (1) Fraud or misrepresentation. Any willful misrepresentation or deceptive or fraudulent practice or act found to be made or committed by any person in connection with: (1) The making or filing of any application for any inspection or grading service, appeal reinspection, or regrading service; (ii) The making of the product accessible for inspection or grading service; (iii) The making, issuing, or using or attemptng to issue or use any inspection or grading certificate issued pursuant to the regulations in this subpart or the use of any official stamp, label, or identification; (iv) The use of the terms, "United States," "U.S.,” “Officially graded,” “Offcially Inspected," "Federal-State graded," or "Government graded," or terms of similar import in the labeling or advertising of any product without stating in conjunction therewith the official U.S. grade of the product; or (v) The use of any of the aforesaid terms or an official stamp, label, or identification in the labeling or advertising of any product that has not been inspected or graded pursuant to this part. (2) Use of facsimile form. Using or attempting to use a form which simulates in whole or in part any official identification for the purpose of purporting to evidence the U.S. grade of any product: or the unauthorized use of a facsimile form which simulates in whole or in part any official inspection or grading certificate, stamp, label, or other official inspection mark; and (3) Mislabeling. The use of any words, numerals, letters, or facsimile from which simulates in whole or in part any identification purporting to be a grade when such product does not comply with any recognized standards in general use for such grade, and such activity may be deemed sufficient cause for debarring such person from any or all benefits of the Act. (4) Willful violation of the regulations in this subpart. Willful violation of the provisions in this part or the Act, or the instructions or specifications issued thereunder. (5) Interfering with an inspector or grader. Any interference with or obstruction or any attempted interference or obstruction of any inspector or grader in the performance of his duties by intimidation, threat, bribery, assault, or other improper means. Each inspector, grader, and supervisor of packaging shall report, in the manner prescribed by the Administrator, all violations and noncompliances under the Act and this part of which such inspector, grader, or supervisor of packaging has knowledge. § 58.63 Other applicable regulations. Compliance with the provisions in this part shall not excuse failure to comply with any other Federal, or any State, or municipal applicable laws or regulations. Subpart B-Several Specifications for Dairy Plants Approved for USDA Inspection and Grading Service. SOURCE: 40 FR 47911, Oct. 10, 1975, unless otherwise noted. DEFINITIONS § 58.101 Meaning of words. For the purpose of the regulations of this subpart, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand. Unless the context otherwise requires, the following terms shall have the following meaning: (a) Act. The applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; (7 U.S.C. 1621-1627)), or any other Act of Congress conferring like authority. (b) Administrator. The Administrator of the Agricultural Marketing Service or any other officer or employee of the Agricultural Marketing Service of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead. (c) Approved laboratory. A laboratory in which the facilities and equipment used for official testing have been approved by the Administrator as being adequate to perform the necessary official tests in accordance with this part, and operates under a USDA surveillance program as set forth by the Administrator. (d) Approved plant. One or more adjacent buildings, or parts thereof, comprising a single plant at one location in which the facilities and methods of operation therein have been surveyed and approved by the Administrator as suitable and adequate for inspection or grading service in accordance with the following: (1) Shall satisfactorily meet the specifications of this subpart as determined by the Administrator. (2) Receive dairy products only from plants, transfer stations, receiving stations and cream buying stations which satisfactorily comply with the applicable requirements of this subpart as determined by the Administrator. (Occasional shipments may be received from nonapproved plants provided the product is tested and meets the quality requirements for No. 2 milk.) (e) Sanitizing treatment. Subjection of a clean product contact surface to steam, hot water, hot air, or an acceptable sanitizing solution of sufficient strength, and for a duration of time to effectively destroy microorganisms. Sanitizing solutions shall comply with 21 CFR 121.2547. (f) Resident service. Inspection or grading service performed at a dairy manufacturing plant or grading station by an inspector or grader assigned to the plant or station on a continuous basis. (g) Dairy products. Butter, cheese (whether natural or processed), skim milk, cream, whey or buttermilk (whether dry, evaporated, stabilized or condensed), frozen desserts and any other food product which is prepared or manufactured in whole or in part from any of the aforesaid products, as the Administrator may hereafter designate. (h) Grader. Any employee of the Department authorized by the Administrator or any other person to whom a license has been issued by the Administrator to investigate and certify, in accordance with the Act and this part, to shippers of products and other interested parties, the class, quality, quantity, and condition of such products. (i) Inspector. Any employee of the Department authorized by the Administrator or any other person to whom a license has been issued by the Administrator to inspect and certify quality, quantity and condition of products, observe the manufacturing, processing, |