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specification may be made to the national supervisor.

(b) Drawings and specifications to be furnished. Unless otherwise specified, the requirements of § 81.14 of this chapter shall be applicable to plants operating under inspection service and/or grading service pursuant to this part. (c) Final survey and plant approval, Prior to the inauguration of the grading service, or inspection service, a final survey of the plant and premises shall be made by the area supervisor or his assistant to determine if the plant is constructed and facilities are installed in accordance with the approved drawings, and the regulations in this part. The plant may be approved by the Administrator only when these requirements have been met, except that conditional approval for a specified limited time may be granted only under emergency conditions of restricted availability of facilities and construction materials, provided practices suitable to the Administrator are employed to effect adequate sanitary conditions in the plant.

[18 FR. 6915, Nov. 3, 1953, as amended at 20 F.R. 1195, Feb. 26, 1955, 29 F.R. 7859, June 20, 1964]

§ 70.45

Rejection of application.

Any application for grading or inspection service may be rejected by the Administrator (a) whenever the applicant fails to meet the requirements of the regulations prescribing the conditions under which the service is made available; (b) whenever the product is owned by or located on the premises of a person currently denied the benefits of the act; (c) where any individual holding office or a responsible position with or having a substantial financial interest or share in the applicant is currently denied the benefits of the act or was responsible in whole or in part for the current denial of the benefits of the act to any person; (d) where the Administrator determines that the application is an attempt on the part of a person currently denied the benefits of the act to obtain grading or inspection service; (e) whenever the applicant, after an initial survey has been made in accordance with § 70.44 (a), fails to bring the plant, facilities, and operating procedures into compliance with the regulations within a reasonable period of time; or (f) notwithstanding any prior approval whenever, before

inauguration of service, the applicant fails to fulfill commitments concerning the inauguration of the service. Each such applicant shall be promptly notified by registered mail of the reasons for the rejection. A written petition for reconsideration of such rejection may be filed by the applicant with the Administrator if postmarked or delivered within 10 days after the receipt of notice of the rejection. Such petition shall state specifically the errors alleged to have been made by the Administrator in rejecting the application. Within 20 days following the receipt of such a petition for reconsideration, the Administrator shall approve the application or notify the applicant by registered mail of the reasons for the rejection thereof.

[22 F. R. 8169, Oct. 16, 1957]

§ 70.46 Withdrawal of application.

Any application for grading or inspection service may be withdrawn by the applicant at any time before the service is performed upon payment by the applicant, of all expenses incurred by the Service in connection with such application.

[18 FR. 6916, Nov. 3, 1953]

§ 70.47 Order of service.

Grading service shall be performed, insofar as practicable and subject to the availability of qualified graders, in the order in which applications therefor are made, except that precedence may be given to any application for an appeal grading.

[29 F.R. 7860, June 20, 1964]

§ 70.48 Suspension of plant approval.

(a) Any plant approval given pursuant to the regulations in this part may be suspended by the Administrator for (1) failure to maintain plant and equipment in a satisfactory state of repair; (2) the use of operating procedures which are not in accordance with the regulations in this part; or (3) alterations of buildings, facilities, or equipment which cannot be approved in accordance with the regulations in this part.

(b) During such period of suspension, inspection and grading service shall not be rendered. However, the other provisions of the regulations pertaining to providing service on a resident basis will remain in effect unless such service is terminated in accordance with the pro

visions of this part. If the plant facilities or methods of operation are not brought into compliance within a reasonable period of time, to be specified by the Administrator, the service shall be terminated. Upon termination of inspection or grading service in an official plant pursuant to the regulations in this part, the plant approval shall also become terminated, and all labels, seals, tags or packaging material bearing official identification shall, under the supervision of a person designated by the Service, either be destroyed, or the official identification completely obliterated, or sealed in a manner acceptable to the Service.

[18 F. R. 6915, Nov. 3, 1953, as amended at 21 F. R. 5251, July 14, 1956]

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§ 70.61

Misrepresentation, deceptive, or fraudulent acts or practices.

Any wilful misrepresentation or any deceptive or fraudulent act or practice found to be made or committed by any person in connection with:

(a) The making or filing of any application for any grading service or inspection service, appeal or regrading service;

(b) The making of the product accessible for grading or inspection;

(c) The making, issuing, or using, or attempting to issue or use any grading certificate, inspection certificate, symbol, stamp, label, seal or identification, authorized pursuant to the regulations in this part;

(d) The use of the terms "United States," or "U. S." in conjunction with the grade of the product;

(e) The use of any of the aforesaid terms or any official stamp, symbol, label, seal or identification in the labeling or advertising of any product; or

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Any wilful violation of the regulations in this part or the act.

[20 F. R. 9897, Dec. 23, 1955]

§ 70.64 Interfering with a grader, inspector or employee of Service.

Any interference with or obstruction or any attempted interference or obstruction of or assault upon any grader, 11censee, inspector or employee of the Service in the performance of his duties. The giving or offering, directly or indirectly, of any money, loan, gift, or anything of value to an employee of the Service or the making or offering of any contribution to or in any way supplementing the salary, compensation or expenses of an employee of the Service or the offering or entering into a private contract or agreement with an employee of the Service for any services to be rendered while employed by the Service. [22 F. R. 8169, Oct. 16, 1957]

§ 70.65 Misleading labeling.

The use of the terms "Government Graded", "Federal-State Graded", or terms of similar import in the labeling or advertising of any product without stating in the labeling or advertisement, the U.S. grade of the product as determined by an authorized grader.

[20 F. R. 9897, Dec. 23, 1955] § 70.66 Miscellaneous.

The existence of any of the conditions set forth in § 70.45 constituting a basis for the rejection of an application for grading or inspection service. [18 FR 6916, Nov. 3, 1953]

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§ 70.91

Marking graded products.

(a) Information required on grade mark. Except as otherwise authorized by the Administrator, each grade mark which is to be used shall include the letters "USDA" and the U.S. Grade of the product it identifies, such as "U.S. A Grade," and such information shall be printed in a light color on a dark field. In addition, a term, such as "FederalState Graded" or "Government Graded," may be used adjacent to but not within the grade mark.

(b) Form of official identification symbol and grademark. (1) The shield set forth in Figure 1 containing the letters "USDA" shall be the official identification symbol for purposes of this part and, when used, imitated, or simulated in any manner in connection with poultry shall be deemed prima facie to constitute a representation that the product has been officially graded for the purposes of § 70.2.

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Federal-State Graded

FIGURE 3.

(c) Products that may be individually grade marked. The grade marks set forth in Figures 2 and 3 may be applied individually to ready-to-cook poultry and specified poultry food products prepared therefrom, for which consumer grades are provided in §§ 70.361 through 70.363, or to the containers in which such products are enclosed for the purpose of dis

play and sale to household consumers, only when such products qualify for the particular grade indicated, in accordance with the consumer grades.

(d) Identification of U.S. Grade Afor further processing. The grade mark indicated in Figure 3A, below, is restricted to turkeys meeting the requirements of § 70.364. The grade mark may be applied only to master shipping containers and not to individual birds. The block containing the words "For Further Processing" in Figure 3A shall be located as indicated and shall be at least as wide and at least 4 as high as the height of the grade mark. The words "For Further Processing" shall be in the same boldness of type as the wording in the grade mark.

FOR FURTHER PROCESSING

be as indicated in the example in Figure 4.

U. S. D. A. INSPECTED AND PASSED

Plant No.

VOLUNTARY POULTRY

INSPECTION
SERVICE

FIGURE 4.

(b) For plants furnished inspection under this part, the inspection mark approved for use on human food products that consist in part of edible parts of poultry from federally inspected poultry and are exempt from classification as poultry products, as set forth in § 81.208 of this chapter (Regulations Governing the Inspection of Poultry and Poultry Products) promulgated pursuant to the Poultry Products Inspection Act, shall be contained within a circle and include 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 5. The plant number of the official plant shall be set forth if it does not appear on the packaging material.

[graphic]

FIGURE 3A

[29 FR 7860, June 20, 1964, as amended at 38 FR 22130, Aug. 16, 1973; 40 FR 20060, May 8, 1975]

§ 70.92 Marking inspected products.

(a) For plants furnished inspection under this part, except as otherwise provided in paragraph (b) of this section, the inspection mark approved for use on inspected and certified edible products shall be contained within the outline of a hexagon and contain the following wording: "USDA Inspected and passed Plant No. Voluntary Poultry Inspection Service." The form and arrangement of such wording shall

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§ 70.93 Marking dressed poultry.

(a) The Administrator is authorized to prescribe and approve the manner in which dressed poultry which was processed in accordance with minimum standards for sanitation, facilities, and operating procedures in official plants may be marked for identification purposes.

(b) With respect to dressed poultry which has been graded or inspected for condition pursuant to § 70.16, the official identification approved for use shall contain the wording "Dressed PoultryEligible for Further Processing Under USDA Voluntary Poultry Inspection Service." This wording shall be printed on the label and shall not be applied by means of a stencil or rubber stamp. Such identification shall also set forth the applicable plant number and a lot number which shall be the number of the day of the year the poultry was slaughtered, or a coded number to indicate such day of slaughter, the meaning of which shall be made known to the Service. A rubber stamp may be used to insert the plant number and lot number within the official identification, provided such numbers are applied legibly. This identification may be used only on bulk packages of dressed poultry. It shall not be applied to individual carcasses of dressed poultry or to any poultry that has been eviscerated. The required wording shall be set forth in the manner indicated in Figure 6 of this section and within a rectangle of the form and design illustrated.

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equipment and utensils which are to be held for proper cleaning.

[18 F.R. 6917, Nov. 3, 1953. Redesignated at 29 F.R. 7861, June 20, 1964]

REPORTS

§ 70.120 Report of inspection work and grading work.

Reports of the work of inspection and grading carried on within official plants shall be forwarded to the Administrator by the inspector and grader in such manner as may be specified by the Administrator.

[18 F.R. 6917, Nov. 3, 1953]

§ 70.121 Information to be furnished to inspectors and graders.

When inspection service or grading service is performed within an official plant, the applicant for such inspection or grading shall furnish to the inspector or grader rendering such service such information as may be required for the purposes of §§ 70.120 to 70.122.

[18 F.R. 6917, Nov. 3, 1953] § 70.122

Reports of violations.

Each inspector and each grader shall report, in the manner prescribed by the Administrator, all violations of and noncompliance with the act and the regulations in this part of which he has knowledge.

[18 F.R. 6917, Nov. 3, 1953]

§ 70.130

FEES AND CHARGES

Payment of fees and charges. (a) Fees and charges for any grading or inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of this section and §§ 70.131 to 70.141, both inclusive. If so required by the grader or inspector, such fees and charges shall be paid in advance.

(b) Fees and charges for any grading or inspection service shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by check, draft, or money order payable to the Agricultural Marketing Service and remitted promptly to the Service.

(c) Fees and charges for any grading or inspection under a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement.

[33 F.R. 20004, Dec. 31, 1968, as amended at 35 FR 9918, June 17, 1970]

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