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§ 68.608

Grade designation for dockagefree lentils.

The grade designation for dockagefree lentils shall include, in the order named, the letters "U.S."; the number of the grade or the words "Sample grade" when applicable; the name of each applicable special grade; and the name of the class. The grade designation for the class Mixed Lentils shall include, following the words "Mixed Lentils," the name and approximate percentage of each class of lentils in the mixture, in the order of predominance.

SPECIAL GRADES, SPECIAL GRADE REQUIREMENTS, AND SPECIAL GRADE DESIGNATIONS § 68.609

Special grades and require

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ments.

70.10

The following special grades shall be applicable:

70.11

Grading service.

70.12

70.13

70.14

70.15

(a) Large lentils. Lentils of the class Lentils of which not more than 3.0 percent will readily pass through a 1564 round-hole sieve.

(b) Small lentils. Lentils of the class Lentils of which 95 percent or more will readily pass through a 1564 round-hole sieve, not less than 80 percent will readily pass through a 164 round-hole sieve, and not more than 3 percent will readily pass through a %4 round-hole sieve. § 68.610 Special grade designation.

Large lentils and Small lentils shall be graded and designated according to the grade requirements of the standards otherwise applicable to lentils, and there shall be added to and made a part of the grade designation preceding the name of the class, the applicable term "Large" or "Small."

§ 68.611 Thresher-run lentils.

Thresher-run lentils shall be inspected without reference to grade in accordance with instructions shown in Inspection Handbook HB-1 (see § 68.606).

(a) Factor determinations: Thresherrun lentils may be inspected for the following factors: Class, dockage, weevil-damaged lentils, heat-damaged lentils, damaged lentils, split lentils, foreign material, and color description.

(b) The percentage of defective lentils and foreign material shall be combined and shown on the certificate as "total defects and foreign material."

70.16 70.17

70.18

70.19

70.20

70.21

70.22 70.23

Supervision.

Dressed poultry; eligibility.

Inspection in official plants; extent

required.

Certification of dressed poultry.

Examination of ready-to-cook poultry which was not processed in official plants.

Authority to waive provisions of §§ 70.14 and 70.15.

Processing products for export. Facilities to be furnished for use of graders and inspectors in performing service on a resident basis. Prerequisites to grading and inspection.

Accessibility of products.

Schedule of operation of official plants.

PERFORMANCE OF SERVICES

Suspension of license; revocation.

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70.31

70.32

Surrender of license.

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Unless the context otherwise requires, the following terms shall have the following meaning:

"Acceptable" means suitable for the purpose intended and acceptable to the Service.

"Act" means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.) or any other act of Congress conferring like authority.

"Administrator" means the Administrator of the Agricultural Marketing Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead.

"Applicant" means any interested person who requests any inspection service or grading service.

"Area supervisor" means any employee of the Department in charge of poultry grading service or poultry inspection service in a designated geographical area.

"Carcass" means any poultry carcass. "Circuit supervisor" or "technical supervisor" means the officer in charge of the poultry inspection service or the poultry grading service in a circuit consisting of a group of stations within an

area.

"Class" means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind.

"Condition" means any condition, including but not being limited to, the state of preservation, cleanliness, or soundness of any product; or any condition, including but not limited to, the processing, handling, or packaging which affects such product.

"Condition and wholesomeness" means the condition of any product and its healthfulness and fitness for human

food.

"Department" means the United States Department of Agriculture.

"Dressed poultry" means poultry which has been slaughtered for human food with head, feet, and viscera intact,

and from which the blood and feathers have been removed.

"Edible product" means any product other than live poultry and dressed poultry.

product

"Food containing poultry product" means any articles of food for human consumption which is prepared in part from any edible portion of poultry, if such edible portion does not comprise a substantial portion of such article of food.

"Free from protruding pinfeathers" means that the carcass is free from protruding pinfeathers which are visible to an inspector or grader during an examination of the carcass at normal operating speeds. However, a carcass may be considered as being free from protruding pinfeathers if it has a generally clean appearance (especially on the breast), and if not more than an occasional protruding pinfeather is in evidence during a more careful examination of the carcass.

"Giblets" means the following organs when properly trimmed and washed: the liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed, and the gizzard from which the lining and contents have been removed.

"Grader" means any Federal or State employee to whom a license has been issued by the Secretary, to investigate and certify in accordance with the regulations in this part, the class, quality, quantity, or condition of products.

"Grading" or "grading service" means: (1) The act whereby a grader determines, according to the regulations in this part, the class, quality, quantity, or condition of any product by examining each unit thereof or each unit of the representative sample thereof drawn by a grader, and issues a grading certificate with respect thereto, except that with respect to grading service performed on a resident basis the issuance of a grading certificate shall be pursuant to a request therefor by the applicant or the Service; (2) the act whereby the grader identifies, according to the regulations in this part, the graded product; (3) with respect to any official plant, the act whereby a grader determines that the product in such plant was processed, handled, and packaged in accordance with § 70.240; or (4) any regrading or any appeal grading of a previously graded product.

"Grading certificate" means a statement, either written or printed, issued by a grader, pursuant to the regulations in this part, relative to the class, quality, quantity, or condition of a product.

"Holiday" or "Legal Holiday" shall mean the legal public holidays specified by the Congress in paragraph (a) of section 6103, title 5 of the United States Code.

"Identify" means to apply official identification to products or the containers thereof.

"Inspected and certified" or "certified" means, with respect to any product, that it has undergone an inspection and was found, at the time of such inspection, to be sound, wholesome, and fit for human food.

"Inspection," "inspection service," or "inspection of products for condition and wholesomeness" means any inspection by an inspector to determine, in accordance with the regulations in this part, (1) the condition and wholesomeness of any edible product at any stage of the preparation or packaging thereof in the official plant where inspected and certified, or (2) the condition and wholesomeness of any previously inspected and certified product if such product has not lost its identity as an inspected and certified product. In addition to the foregoing, the terms "inspection" and "inspection service" shall each mean any inspection by an inspector to determine, in accordance with the regulations in this part, the condition of dressed poultry as it is affected by its processing, handling or packaging, or any antemortem examination of poultry.

"Inspection certificate" means a statement, either written or printed, issued by an inspector, pursuant to the regulations in this part, relative to the condition or wholesomeness of products.

"Inspector" means any person who is authorized by the Secretary to investigate and certify in accordance with the regulations in this part, the condition and wholesomeness of products or the condition of dressed poultry. An inspector may be either an employee of the Department or of a State; he may be a graduate veterinarian or a layman.

"Interested party" means any person financially interested in a transaction involving any inspection or grading.

"National supervisor" means (1) the officer in charge of the poultry inspection service of the Agricultural Marketing Service, (2) the officer in charge of the poultry grading service of the Agricultural Marketing Service, or (3) such other officers or employees of the Department who may be so designated by the officer in charge of the poultry inspection service or poultry grading service of the Agricultural Marketing Service.

"Office of grading" means the office of any grader.

"Official plant" or "official establishment" means one or more buildings, or parts thereof, comprising a single plant in which the facilities and methods of operation therein have been approved by the Administrator as suitable and adequate for operation under inspection or grading service and in which inspection or grading is carried on in accordance with the regulations in this part.

"Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

"Potable water" means water that has been approved by the State health authority as safe for drinking and suitable for food processing.

"Poultry" means any kind of domesticated bird, including, but not being limited to chickens, turkeys, ducks, geese, pigeons, and guineas.

"Poultry food product" means any article of human food or any article intended for or capable of being so used which is prepared or derived in whole or in substantial part, from any edible part or parts of poultry.

"Poultry grading and inspection service" means the personnel who are actively engaged in the administration, application, and direction of poultry grading and inspection programs and services pursuant to the regulations in this part.

"Product" means each of the following: (1) Dressed poultry; (2) ready-tocook poultry; (3) poultry food product; (4) food product containing poultry product; and (5) with respect to grading service only, live poultry.

"Quality" means the inherent properties of any product which determine its relative degree of excellence.

"Ready-to-cook poultry" means any dressed poultry from which the protruding pinfeathers, vestigial feathers (hair or down as the case may be), head, shanks, crop, oil gland, trachea, esopha

gus, entrails, reproductive organs and lungs have been removed, and with or without the giblets, and which is ready to cook without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of such poultry or any edible part thereof.

"Regulations" means the provisions of this entire part and such United States classes, standards, and grades for products as may be in effect at the time grading or inspection is performed.

"Secretary" means the Secretary of the Department, or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead.

"Service" means the Agricultural Marketing Service of the Department.

"Soundness" means freedom from external evidence of any disease or condition which may render a carcass or product unfit for food.

"State supervisor" or "Federal-State supervisor" means any authorized and designated individual who is in charge of the poultry grading service or the poultry inspection service in a State. A State supervisor or a Federal-State supervisor of poultry inspection service shall be a veterinarian and a Federal employee.

"Station supervisor" means any authorized individual who is designated to supervise the poultry grading service or the poultry inspection service in a large official plant or in a group of several smaller plants.

[29 F.R. 7858, June 20, 1964, as amended at 36 F.R. 19301, Oct. 2, 1971]

§ 70.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.

Subsection 203 (h) of the Agricultural Marketing Act of 1946, as amended by Public Law 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meaning specified:

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