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from young poultry of A Quality with respect to fleshing and fat covering.

(b) All tendons, cartilage, large blood vessels, blood clots, and discolorations shall be trimmed from the meat.

(c) All pinfeathers, bruises, hair, discolorations and blemishes shall be removed from the skin, and where necessary, excess fat shall be removed from the skin covering the crop area or other

areas.

(d) Seventy-five percent or more of the outer surface of the product shall be covered with skin, whether attached to the meat or used as a wrap. The skin shall not appreciably overlap at any point. The combined weight of the skin and fat used to cover the outer surface and that used as a binder shall not exceed 15 percent of the total net weight of the product.

(e) The product shall be fabricated in such a manner that each slice remains substantially intact (does not separate into more than three parts) when sliced warm after cooking. This may be accomplished by use of large pieces of poultry or by use of approved binders.

(f) Seasoning or flavor enhancers, if used, shall be uniformly distributed.

(g) Product shall be fabricated or tied in such a manner that it will retain its shape after defrosting and cooking.

(h) Packaging shall be neat and attractive.

(1) Product shall be practically free of weepage after packaging and/or freezing, and, if frozen, shall have a bright, desirable color.

(j) Product packaged in an Ovenready container shall meet all the requirements of paragraphs (a) through (i) of this section, except that with respect to skin covering, the exposed surface of the roast need not be covered with skin. If skin is used to cover the exposed surface, it may be whole or emulsified. Additionally, for roasts packaged in oven-ready containers, comminuted (mechanically deboned) meat may be substituted in part for skin, but may not exceed 8 percent of the total weight of the product.

[30 FR 9532, July 30, 1965, as amended at 40 FR 20060, May 8, 1975]

§ 70.357 Boneless poultry breast and thigh-A Quality.

The standards of quality contained in this section are applicable to raw poul

try products labeled as ready-to-cook boneless poultry breasts or thighs or as ready-to-cook boneless poultry breast fillets or thigh fillets, or with words of similar import.

(a) The breast or thigh shall be cut as specified in § 70.350 (e) (1) or (5) respectively.

(b) Prior to deboning, the breast or thigh shall meet the A Quality requirements for ready-to-cook poultry parts as specified in § 70.353 (a), (b), (c), (d), (e), and (g).

(c) The bone or bones shall be removed in a neat manner without undue mutilation of adjacent muscle.

[34 F.R. 17756, Nov. 4, 1969]

UNITED STATES GRADES FOR DRESSED POULTRY, READY-TO-Cook POULTRY AND SPECIFIED POULTRY FOOD PRODUCTS GENERAL

$ 70.360 General.

(a) All terms in the United States standards for quality set forth in § 70.350 through § 70.357 shall, when used in § 70.360 through § 70.368, have the same meaning as when used in said standards.

(b) The U.S. Grades for Dressed Poultry, Ready-to-Cook Poultry and Specified Poultry Food Products are applicable to poultry of the kinds and classes set forth in § 70.300 through § 70.306 when the carcasses or parts, including those used in the fabrication of poultry food products, have been graded in accordance with § 70.30 on an individual basis or on the basis of each carcass in a representative sample, whichever is applicable in accordance with paragraph (c) or (e) of this section, and when fabrication of the poultry food products has been done under the supervision of a grader.

(c) United States Consumer Grades for ready-to-cook poultry and poultry food products may be assigned only when each carcass or part, including those used in the fabrication of poultry food products, has been (1) graded on an individual basis and (2) graded and identified in an unfrozen state.

(d) [Reserved]

(e) U.S. Procurement Grades may be assigned to ready-to-cook poultry when graded as a lot on the basis of an examination of each carcass or part in the lot

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A lot or ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for B Quality or better, may be designated as U.S. Grade B.

[25 F.R. 4732, May 28, 1960. Redesignated at 29 F.R. 7862, June 20, 1964]

§ 70.363 U.S. Grade C.

A lot of ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for C Quality or better, may be designated as U.S. Grade C.

[25 F.R. 4732, May 28, 1960. Redesignated at 29 F.R. 7862, June 20, 1964] UNITED STATES READY-TO-COOK GRADE FOR FURTHER PROCESSING

§ 70.364 U.S. Grade A-For Further Processing.

Any lot of ready-to-cook poultry composed of one or more turkey carcasses may be designated as "U.S. Grade A— For Further Processing" when each carcass in the lot meets the requirements for U.S. A quality as described in this subpart with the following exceptions: (a) Exposed flesh and discolorations of the skin and flesh may be as described for U.S. B quality in this subpart, (b) Any number of disjointed bones are permitted, (c) Part or all of one or both wings may be missing when severed at a joint, and (d) The back may be trimmed

in an area not wider than the base of the tail and extending from the tail to the area between the hip joints. [38 FR 22130, Aug. 16, 1973]

UNITED STATES PROCUREMENT GRADES FOR READY-TO-COOK POULTRY

§ 70.367

GRADES

U.S. Procurement Grade I.

Any lot of ready-to-cook poultry composed of one or more carcasses of the same kind and class may be designated and identified as U.S. Procurement Grade I when: (a) 90 percent or more of the carcasses in such lot meet the requirements of A Quality, with the following exceptions: (1) Fat covering and conformation may be as described in this subpart for B Quality; (2) Trimming of skin and flesh to remove defects is permitted to the extent that not more than one-third of the flesh is exposed on any part and the meat yield of any part is not appreciably affected; (3) Discoloration of the skin and flesh may be as described in this subpart for B Quality; (4) One or both drumsticks may be removed if the part is severed at the joint; (5) The back may be trimmed in an area not wider than the base of the tail and extending to the area between the hip joints; (6) The wings or parts of wings may be removed if severed at a joint; (b) The balance of the carcasses meet the same requirements, except they may have only a moderate covering of flesh.

[34 F.R. 17756, Nov. 4, 1969]

§ 70.368 U.S. Procurement Grade II.

Any lot of ready-to-cook poultry of the same kind and class which fails to meet the requirements of U.S. Procurement Grade I may be designated and identified as U.S. Procurement Grade II provided that (a) trimming of flesh from any part does not exceed 10 percent of the meat; (b) portions of a carcass weighing not less than one-half of the whole carcass may be included if the portion approximates in percentage the meat to bone yield of the whole

carcass.

[25 F.R. 4733, May 28, 1960. Redesignated at 29 FR. 7862, June 20, 1964]

NOTE: The reporting and/or recordkeeping requirements contained herein have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

Subchapter D-[Reserved]

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For the purpose of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(a) The act. The United States Warehouse Act, approved August 11, 1916 (39 Stat. 486; 7 U.S.C. 241-273), as amended.

(b) Person. An individual, corporation, partnership, or two or more persons having a joint or common interest.

(c) Secretary. The Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) Administrator. The Administrator of the Service or any other officer or employee of the Service to whom authority has heretofore lawfully been delegated, or may hereafter lawfully be delegated, to act in his stead.

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(f) Regulations. Rules and regulations made under the act by the Secretary.

(g) Department. The United States Department of Agriculture.

(h) Service. The Agricultural Marketing Service of the Department.

(1) Linters. As far as applicable the regulations in this part shall include linters.

(j) Warehouse. Any building, structure, or other protected inclosure in which cotton is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which cotton is or may be stored.

(k) Warehouseman. A person lawfully engaged in the business of storing cotton.

(1) License. A license issued under the act by the Secretary.

(m) Licensed warehouseman. A warehouseman licensed as such under the act.

(n) Licensed warehouse. A warehouse for the conduct of which a license has been issued.

(0) Licensed warehouseman's bond. A bond required to be given under the act by a licensed warehouseman.

(p) Licensed classifier. A person licensed under the act to classify according to grade or otherwise and certificate the grade or other class of cotton.

(q) Licensed weigher. A person censed under the act to weigh and certificate the weight of cotton.

(r) Cotton examiner. An officer of the Department of Agriculture designated by the Administrator for the purpose of hearing cotton appeals under §§ 101.75-101.85.

(s) Receipt. A warehouse receipt.

(t) Bale. A bale or other package. (u) State. A State, Territory, or district of the United States.

(v) Licensed sampler. A person, employed by a licensed warehouseman, licensed under the act to draw samples from cotton stored in the licensed warehouse at which such person is employed.

(w) Board of Cotton Examiners. A board of cotton examiners properly qualified and designated as such under the regulations (Part 28 of this chapter) under the United States Cotton Standards Act.

WAREHOUSE LICENSES

§ 101.3 Application forms.

Applications for licenses under sections 4 and 9 of the act and for amendments of licenses under section 5 of the act shall be made to the Secretary upon forms prescribed for the purpose and furnished by the Service, shall be in English, shall truly state the information therein contained, and shall be signed by the applicant. The applicant shall at any time furnish such additional information as the Secretary or the Administrator shall find to be necessary to the consideration of his application.

§ 101.3a All facilities to be licensed or exempted.

All facilities within the same city or town used for the storage of cotton by

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$101.11 Bond required; time of filing.

Each warehouseman applying for a warehouse license under the act shall, before such license is granted, file with the Secretary or his designated representative a bond containing the following conditions and such other terms as the Secretary or his designated representative may prescribe in the approved bond forms, with such changes as may be necessary to adapt the forms to the type of legal entity involved:

Now, therefore, if the said license(s) or any amendments thereto be granted and said principal, and its successors and assigns operating said warehouse(s), shall:

Faithfully perform during the period of one year commencing 611) or until the termination of said license(s) in the event of termination prior to the end of the one year period, all obligations of a licensed warehouseman under the terms of the act and regulations thereunder relating to the above-named products; and

Faithfully perform during said one year period and thereafter, whether or not said warehouse(s) remain(s) licensed under the act, such delivery obligations and further obligations as a warehouseman as exist at the beginning of said one year period or are assumed during said period and prior to -termination of said license(s) under contracts with the respective depositors of such products in the warehouse(s);

Then this obligation shall be null and void and of no effect, otherwise to remain in full force. For purposes of this bond, the aforesaid obligations under the act and regulations and contracts shall include obligations under any and all modifications of the act, the regulations, and the contracts that may hereafter be made, notice of which modifications to the surety being hereby waived. § 101.12 Amount of bond; additional

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houseman has applied for licenses to operate two or more warehouses in the same State under the regulations in this part, and his total assets are subject to the liabilities of each warehouse, he may, if he desires, give a single bond meeting the requirements of the act and the regulations in this part to cover all such warehouses and such warehouses shall be deemed to be one warehouse for the purposes of such bond.

(b) In case of a deficiency in net assets above the $10,000 minimum, required under § 101.5, there shall be added to the amount of the bond determined in accordance with paragraph (a) of this section, an amount equal to such deficiency.

(c) In case the Secretary, or his designated representative, finds the existence of conditions warranting such action, there shall be added to the amount of the bond determined in accordance with paragraphs (a) and (b) of this section, a further amount fixed by him, to meet such conditions. § 101.13 Amendment to license.

In case an application is made under § 101.3 for an amendment to a license and no bond previously filed by the warehouseman covers obligations arising under such amendment, the warehouseman shall, when notice has been given by the Secretary, or his designated representative, that such amendment will be granted upon compliance by such warehouseman with the act, file with the Secretary, within the time, if any, fixed in such notice, a bond complying with the act. In the discretion of the Secretary, a properly executed instrument in form approved by him, amending, extending, or continuing in force and effect the obligations of a valid bond previously filled by the warehouseman and otherwise complying with the act and the regulations in this part may be filed in lieu of a new bond.

§ 101.14 New bond required each year.

Whenever a license has been issued for a period longer than one year, such license shall not be effective beyond one year from its effective date unless the warehouseman shall have filed a new bond in the required amount with, and such bond shall have been approved by, the Secretary, or his designated representative, prior to the date on which said license would have expired had it been.

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