(iii) For work performed on a holiday which is within the established tour of duty approved for a plant, the added charge will be the same as the grader's base rate plus an added 10 percent for administrative overhead charges.

(iv) For work performed between 6 p.m. and 6 a.m., night differential charges (for regular, overtime, or holiday hours worked during this period) will be at the applicable rates established plus 10 percent of the base rate.

(v) For all hours of work performed in a plant without an approved tour of duty, the charge will be one of the applicable hourly rates in § 70.131.

(vi) For work performed by an employee of another Federal agency on a part-time basis for the Poultry Division, AMS, the charge will be the established hourly rate agreed to between the two agencies for cross-utilized employees.

(4) A charge for the actual cost to AMS for any other expenses incurred by AMS (including travel and per diem costs) plus an added 10 percent for administrative overhead charges:

(i) For each grader, other than a relief grader, who performs work on a day with an established tour of duty.

(ii) For each grader normally assigned to the plant, while performing grading service at the applicant's request outside his official plant.

(5) A charge at the hourly rates specified in § 70.131, plus actual travel expenses incurred by AMS for intermediate surveys to firms without grading service in effect.

(6) [Reserved]

(7) [Reserved]

(8) An administrative service charge based upon the aggregate weight of the total volume of all live and ready-tocook poultry handled in the plant per billing period computed in accordance with the following:

Total pounds per billing period multiplied by $.00014, except that the minimum charge per billing period shall be $801 and the maximum charge shall be $625.

(b) Other provisions. (1) The applicant shall designate in writing the employees of the applicant who will be required and authorized to furnish each grader with such information as may be necessary for the performance of the grading service.

1 Also applies where an approved application is in effect and no product is handled.

(2) AMS will provide, as available, an adequate number of graders to perform the grading service. The number of graders required will be determined by AMS based on the expected demand for service.

(3) The grading service shall be provided at the designated plant and shall be continued until the service is suspended, withdrawn, or terminated by: (i) Mutual consent;

(ii) Thirty (30) days' written notice, by either the applicant or AMS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by AMS to the applicant if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or

(iv) Termination of the service pursuant to the provisions of the following subdivision (v) of this subparagraph:

(v) Grading service shall be terminated by AMS at any time AMS, acting pursuant to any applicable laws, rules, and regulations, debars the applicant from receiving any further benefits of the service.

(4) Graders will be required to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by AMS: Provided, That in no instance may the graders assume the duties of management.

[34 F.R. 8232, May 28, 1969, as amended at 35 F.R. 19329, Dec. 22, 1970; 36 F.R. 7894, Apr. 28, 1971; 36 F.R. 9842, May 29, 1971; 37 F.R. 9458, May 11, 1972; 37 F.R. 12919, June 30, 1972; 38 FR 35229, Dec. 26, 1973; 40 FR 49784, Oct. 24, 1975]

agreement as may be due the United States shall be remitted to the Service. [18 F. R. 6918, Nov. 8, 1958; 19 F. R. 57, Jan. 6, 1954]

§ 70.141 Charges for inspection service. (a) Charges for rendering continuous inspection services on a year-round basis shall be at the hourly rates provided for in § 70.131 (d) when such services are required 4 or more hours per day. When inspection services are performed on an intermittent basis, the charges shall be at the hourly rates provided for in § 70.131(d), plus the travel expense and other charges provided for in § 70.136.

(b) Surveys made pursuant to the regulations (Part 81 of this chapter) under the Poultry Products Inspection Act will be accepted for the purposes of § 70.44, otherwise the charge shall be at the rate specified in § 70.131, plus the travel expense.

[36 F.R. 3799, Feb. 27, 1971]

INSPECTION PROCEDURES

§ 70.150 Manner of handling products in an official plant.

Unless otherwise specified in the regulations in this part or by the Administrator, products which are to be further processed under inspection in an official plant shall be prepared and handled in such official plant under the supervision of an inspector, and the inspection procedures used in this part shall, where applicable, be the same as those provided in §§ 81.61 through 81.110 of this chapter. [29 F.R. 7861, June 20, 1964]

INSPECTION CERTIFICATES

§ 70.170 Forms of inspection certifi

cates.

Each inspection certificate issued pursuant to the regulations in this part shall be approved by the Administrator as to form, and:

(a) Each dressed poultry inspection certificate shall show the class or classes of poultry, the quantity of product contained in the respective lot, and all pertinent information concerning the condition and wholesomeness thereof;

(b) Each food product inspection certificate shall show the names of the edible products covered by such certificate, the quantity of each such product, such shipping marks as are necessary to identify such products, and all pertinent information concerning the condition and wholesomeness thereof;

(a) Upon the request of an interested party, any inspector is authorized to issue a dressed poultry inspection certificate with respect to any lot of dressed poultry inspected by him. Each certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot.

(b) The original and a copy of each inspection certificate, issued pursuant to §§ 70.170 to 70.174, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the office of the area supervisor serving the area in which the inspection was performed, and the remaining copies to be disposed of in such manner as the Administrator may approve. Additional copies of any such certificate may be furnished to any interested party as provided in § 70.135.

[18 FR 6920, Nov. 3, 1953, as amended at 20 FR 1195, Feb. 26, 1955, 22 FR 8169, Oct. 16, 1957]

§ 70.172

Food product inspection certificates; issuance and disposition. (a) Upon the request of an interested party, any inspector is authorized to issue a food product inspection certificate with respect to any inspected and certified edible product after suitable examination of the product has been made by the inspector.

(b) The original of each food product inspection certificate, and not to exceed two copies thereof, if requested, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Another copy shall be

filed in the office of the area supervisor serving the area in which such certificate was issued, and one copy shall be forwarded to the Administrator. The last named two copies shall be retained until otherwise ordered by the Administrator.

[18 F. R. 6920, Nov. 3, 1953, as amended at 20 F. R. 1195, Feb. 26, 1955]

§ 70.173 Export certificates.

(a) Upon request, any inspector is authorized to issue an export certificate with respect to the shipment to any foreign country of any product inspected and passed under the regulations in Part 81 of this chapter after adequate inspection of the product has been made by the inspector to determine its identity as inspected and passed and eligible for export, at either the point of export (e.g., dockside or airport) or at a warehouse other than the point of export.

(b) Upon request, any inspector is authorized to issue an export certificate with respect to the shipment to any foreign country of any products exempted from inspection under Part 81 of this chapter which are inspected and certified under this Part 70.

(c) Export certificates will be issued under this Part for products only if they are in the same form (e.g., frozen or unfrozen) as they were at the time they were released by the Department for distribution. Each shipping container covered by the export certificate shall be marked with a U.S. Department of Agriculture export stamp bearing the number of the export certificate. Export certificates will be issued only upon condition that the products covered thereby shall be subject to reinspection at any place and at any time prior to exportation to determine the identity of the products and their eligibility for certification, and such certificates shall become invalid if such reinspection is refused or discloses that the products are not eligible for such certification. If reinspection discloses that products are not eligible for such certification, a superseding certificate setting forth such findings shall be issued and copies shall be furnished to interested persons.

(d) The original and a duplicate of each export certificate shall be delivered to the person who requested such certificate. Additional copies of export certificates shall be prepared and dis

Grading service performed with respect to any quantity of products shall, as the case may require, be on the basis of an examination, pursuant to the regulations in this part, of each unit thereof or of each unit in the representative sample thereof drawn by a grader. Whenever the grading service is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of containers as indicated in the following table:

(Minimum number of containers comprising a representative sample.)

No official grade mark shall appear on the shipping containers or on the individual birds packed therein with respect to dressed poultry for use in domestic channels. The shipping containers of such dressed poultry may be identified with an acceptance mark when conformity with contract specifications is determined as provided in § 70.11, or by other means approved by the Administrator. The appropriate official grade mark may be applied to shipping containers and/or individual birds packed therein with respect to dressed poultry for export prepared in accordance with the requirements of the foreign country involved and Part 81 of this chapter. [31 F.R. 2775, Feb. 16, 1966]

§ 70.183 Ready-to-cook poultry and specified poultry food products.

(a) Ready-to-cook poultry carcasses or parts or poultry food products may be graded only if they have been inspected and certified pursuant to the regulations in this part, or inspected and passed by any other inspection system which is acceptable to the Administrator, except that acceptability of non-inspected ready-to-cook carcasses or parts may be determined under institutional contract specifications pursuant to § 70.11.

(b) Only when ready-to-cook poultry carcasses or parts, including those used in the fabrication of poultry food products, have been graded on an individual basis by a grader or by a person authorized to perform limited grading services pursuant to § 70.30 (d) and thereafter checkgraded by a grader, and when fabrication of the poultry food products has been done under the supervision of a grader, may the container or the individual carcass or part or poultry food product be identified with the appropriate official letter grade mark. Checkgrading will be accomplished in accordance with a statistical sampling plan prescribed by the Administrator. Grading with respect to quality factors for freezing defects and appearance of the finished products may be done on a sample basis in accordance with a plan prescribed by the Administrator.

[29 F.R. 7861, June 30, 1964, as amended at 84 F.R. 17756, Nov. 4, 1969]

Any poultry inspection system may be deemed to be acceptable to the Administrator which (a) is conducted under the authority of laws, ordinances, or similar enactments of the State, county, city, or other political subdivision in which is located the official plant at which the ready-to-cook poultry is prepared and submitted for grading service; and (b) imposes at least the requirements set forth in § 70.191: Provided, That no such inspection system shall be deemed acceptable to the Administrator with respect to any official plant in which readyto-cook poultry is prepared if he finds at any time that such requirements are not adequately enforced.

§ 70.191 Requirements as to manner of inspection.

(a) The inspection shall be made by a State, county or city inspector who is a qualified veterinarian or under the supervision of a qualified veterinarian. All such inspectors shall be employed by the State, county, city, or other political subdivision in which the official plant is located.

(b) The inspection shall include postmortem examination of each poultry carcass during the evisceration operation.

(c) All carcasses which show evidence of disease or any other condition which may render them unwholesome or unfit for food shall be condemned and shall be destroyed for food purposes under the supervision of an inspector. Each carcass and part thereof which has been inspected and passed or containers of carcasses or parts thereof shall bear the identifying inspection symbol of the other official inspection system and the marking devices or labels shall be in the custody of the inspector at all times. § 70.192 Determining compliance with § 70.191.

A qualified veterinary supervisor of the Service shall investigate the manner of operation of the inspection system to determine the adequacy of the post-mortem examination and the compliance with the requirements contained in §§ 70.190 through 70.192 prior to approv❤ ing the official plant for the grading of ready-to-cook poultry. This supervisor,

as well as any official graders who may be stationed in the official plant, shall periodically observe the inspection operations in the official plant to determine whether the requirements of §§ 70.190 through 70.192 are being met. It at any time the supervisor finds that an official plant fails or failed to comply with the requirements as set forth by the inspection system, grading service may be withdrawn from such official plant.

[29 FR. 7861, June 20, 1964]

GRADING CERTIFICATES

§ 70.200 Forms.

Grading certificates (including appeal grading certificates and regrading certificates) shall be issued on forms approved by the Administrator. § 70.201

Issuance and disposition.

(a) Resident grading basis: Certificates will be issued only upon a request therefor by the applicant or the Service. When requested, a grader shall issue a certificate covering product graded by him. In addition, a grader may issue a grading certificate covering product graded in whole or in part by another grader when the grader has knowledge that the product is eligible for certification based on personal examination of the product or official grading records.

(b) Other than resident grading: Each grader shall, in person or by his authorized agent, issue a grading certificate covering each product graded by him. A grader's name may be signed on a grading certificate by a person other than the grader if such person has been designated as the authorized agent of such grader by the National Supervisor: Provided, That the certificate is prepared from an official memorandum of grading signed by the grader: And provided further, That a notarized power of attorney authorizing such signature has been issued to such person by the grader and is on file in the office of grading. In such case, the authorized agent shall sign both his own and the grader's name, e.g. "John Doe by Richard Roe."

(c) The original and a copy of each grading certificate, issued pursuant to §§ 70.200 to 70.202, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Other copies shall be filed and retained in accordance with

the disposition schedule for grading program records. Additional copies of any such certificate may be furnished to any interested party, as provided in § 70.135. [36 FR 9842, May 29, 1971, as amended at 36 FR 10937, June 5, 1971]

§ 70.202 Advance information.

Upon the request of an applicant, all or part of the contents of any grading certificate issued to such applicant may be telephoned or telegraphed to him, or to any person designated by him, at his expense.

APPEAL OF A GRADING OR DECISION

SOURCE: $ 70.210 to 70.216 appear at 35 F.R. 9919, June 17, 1970, unless otherwise noted.

§ 70.210 Who may request an appeal grading or review of a grader's decision.

An appeal grading may be requested by any interested party who is dissatisfied with the determination by a grader of the class, quality, quantity, or condition of any product as evidenced by the USDA grade mark and accompanying label, or as stated on a grading certificate and a review may be requested by the operator of an official plant with respect to a grader's decision on any other matter relating to grading in an official plant.

§ 70.211 Where to file an appeal.

(a) Appeal from resident grader's grading or decision in an official plant. Any interested party who is not satisfied with the determination of the class, quality, quantity, or condition of product which was graded by a grader in an official plant and has not left such plant, and the operator of any official plant who is not satisfied with a decision made by a grader on any other matter relating to grading in such plant may request an appeal grading or review of the decision by filing such request with the grader's immediate supervisor.

(b) All other appeal requests. Any interested party who is not satisfied with the determination of the class, quality, quantity, or condition of product which has left the official plant where it was graded or which was graded other than in an official plant may request an appeal grading by filing such request with the Area Supervisor in the area where the product is located or with the Chief of the Grading Branch.