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graded or inspected product unless he has on file evidence that such official identification or packaging material bearing such official identification has been approved in accordance with the provisions of §§ 54.60 to 54.63.

§ 54.71 Affixing of official identification.

(a) No official identification or any abbreviation, copy, or representation thereof may be affixed to or placed on or caused to be affixed to or placed on any product or container thereof except by a grader or an inspector or under the supervision of a grader or an inspector. All such products shall have been inspected and certified, or graded, or both. The grader or inspector shall have supervision over the use and handling of all material bearing any official identification.

(b) Each container of inspected and certified products to be shipped from one official plant to another official plant for further processing shall be marked for identification and shall show the following information:

(1) The name of the inspected and certified products in the container;

(2) The name and address of the packer or distributor of such products;

(3) The net weight of the container; (4) The inspection mark permitted to be used pursuant to the regulations in this part unless the containers are sealed or otherwise identified in such manner as may be approved by the Administrator; and

(5) The plant number of the official plant where the products were packed.

§ 54.72 Packaging.

No container which bears or may bear any official identification or any abbreviation or copy or representation thereof may be filled in whole or in part except with edible products which were inspected and certified or graded or both and are at the time of such filling, sound, wholesome and fit for human food. All such filling of containers shall be under the supervision of an inspector or grader. § 54.73 Retention labels.

An inspector or grader may use such labels, devices and methods as may be approved by the Administrator for the identification (a) of products which are held for further examination, and (b) all equipment and utensils which are to be held for proper cleaning.

$ 54.74 Prerequisites to grading and

inspection.

Grading and inspection of products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator.

§ 54.75 Accessibility of products.

Each product for which grading service or inspection service is requested shall be so arranged so as to permit adequate determination of its class, quality, quantity, and condition as the circumstances may warrant.

§ 54.76 Time of grading or inspection in an official plant.

The grader or inspector who is to perform the grading or inspection in an offcial plant shall be informed, in advance, by the applicant of the hours when such grading or inspection is desired. Graders and inspectors shall have access at all times to every part of any official plant to which they are assigned.

REPORTS

§ 54.90 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.

§ 54.91 Information to be furnished to inspectors and graders.

When inspection service or grading service is performed within an ofcial 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 §§ 54.90 to 54.92.

§ 54.92 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.

FEES AND CHARGES

§ 54.100 Payment of fees and charges. (a) Fees and charges for any grading or inspection shall be paid by the applicant for the service in accordance with the applicable provisions of §§ 54.100 to

54.110, 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 pursuant to a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement.

[25 F.R. 10681, Nov. 9, 1960, as amended at 33 F.R. 20003, Dec. 31, 1968; 35 F.R. 9915, June 17, 1970]

§ 54.101 On a fee basis.

(a) Unless otherwise provided in this part, the fees to be charged and collected for any service (other than for an appeal grading) performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b) Fees for grading service will be based on the time required to perform such service for class, quality, quantity (weight test), or condition of ready-tocook product. The hourly charge shall be $14 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c) Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $18.48 per hour. Information on legal holidays is available from the Supervisor.

(d) The charges for inspection service will be based on the time required to perform such services. The hourly rate shall be $12.40 for base time and $12.40 for overtime or holiday work.

(e) Charges for any laboratory analysis or laboratory examination of rabbits under this part related to the inspection service shall be $16.88 per hour. [33 FR 20003, Dec. 31, 1968, as amended at 36 FR 3799, Feb. 27, 1971; 37 FR 4174, Feb. 29, 1972; 38 FR 30734, Nov. 7, 1973; 40 FR 49783, Oct. 24, 1975; 40 FR 53993, Nov. 20, 1975] § 54.102 Fees for appeal grading or review of a grader's decision.

(a) The fee to be charged for any appeal grading shall be based on the hourly rates as specified in § 54.101 (b) or (c). If the result of the appeal grading discloses that a material error was made

in the original grading, no fee will be charged.

(b) No fee shall be charged for the appeal under § 54.191 (a) of a grader's decision unless special travel was necessary to perform the appeal review and the grader's decision was upheld on the appeal. In such cases, the fee shall be based on the hourly rates as specified in § 54.101 (b) or (c).

[35 F.R. 9915, June 17, 1970]

§ 54.105 Fees for additional copies of grading certificates and inspection certificates.

Additional copies, other than those provided for in §§ 54.141, 54.142, 54.143, and 54.171 of any grading certificates or inspection certificates, may be supplied to any interested party upon payment of a fee of $2 for each set of five or fewer copies.

[33 F.R. 20003, Dec. 31, 1968]

§ 54.106 Travel expenses and other charges.

Charges are to be made to cover the cost of travel and other expenses incurred by the Service in connection with rendering inspection or grading service. Such charges shall include the costs of transportation, per diem, and any other expenses. Expenses are to be charged on an appeal certificate regardless of the grading results. Ten percent of the total expenses shall be added to cover administrative costs of the Department. The minimum expense charge shall be $0.50 per certificate.

[33 F.R. 20003, Dec. 31, 1968]

§ 54.107 Continuous inspection formed on a resident basis.

per

(a) Except as provided in paragraph (b) of this section, the charges for inspection of domestic rabbits and products thereof shall be those provided for in § 54.101 (d) when the inspection service is performed on a continuous yearround resident basis and the services of an inspector or inspectors are required 4 or more hours per day. When the services of an inspector are required on an intermittent basis, the charges shall be at the hourly rate provided for in § 54.101 (d) plus the travel expense and other charges provided for in § 54.106.

(b) The applicant will be given credit when inspectors assigned to the applicant's official plant perform inspection for the Department of Defense on products accepted for delivery by the appli

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Fees to be charged and collected for any grading service, other than for an appeal grading, on a resident grading basis, shall be those provided in this section. The fees to be charged for any appeal grading shall be as provided in § 54.102.

(a) Charges. The charges for grading of domestic rabbits and edible products thereof shall be paid by the applicant for the service and shall include items listed in this section as are applicable. Payment for the full cost of the grading service rendered to the applicant shall be made by the applicant to the Agricultural Marketing Service, U.S. Department of Agriculture (hereinafter referred to as "AMS"). Such full costs shall comprise such of the items listed in this section as are due and included, from time to time, in the bill or bills covering the period or periods during which the grading service was rendered. Bills will be rendered by the 10th day following the end of the period in which the service was rendered and are payable upon receipt.

(1) An inauguration charge of $200 I will be made at the time an application for service is signed except when the application is required because of a change in name or ownership. If service is not installed within 6 months from the date the application is filed, or if service is inactive due to an approved request for removal of a grader (s) for a period of 6 months, the application will be considered terminated, but a new application may be filed at any time. In addition there will be a charge of $300 if the application is terminated at the request of the applicant for reasons other than for a change in location, within 12 months from the date of the inauguration of service.

(2) A charge to cover the actual cost to AMS for the travel (including the cost of movement of household goods and dependents) and per diem with respect to each grader who is transferred from an official station to the designated plant when service is inaugurated.

(3) A charge for the salary and other costs, as specified in this subparagraph, for each grader while assigned to a plant, except that no charge will be made when the assigned grader is temporarily reassigned by AMS to perform grading service for other than the applicant. Base salary rates will be determined on a national average for all official plants operating in States under a Federal Trust Fund Agreement where Federal graders or a combination of Federal and State graders are used, by averaging the salary rates paid to each full-time Federal or State grader assigned to such plants. There will be two base salary rates-one for grading service performed at the GS-7 level, and one for grading service performed at the GS-9 level. Charges to plants are as follows:

(i) For all regular hours of work scheduled and approved as an established tour of duty for a plant, the regular rate charge will be made. The regular rate charge will be determined by adding an amount to the base salary rate to cover the costs to AMS for such items as the Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.) for Old Age and Survivor's Benefits under the Social Security System, retirement benefits, group life insurance, severance pay, sick leave, annual leave, additional salary and travel costs for relief grading service, accident payments, certain moving costs, and related servicing costs.

(11) All hours worked by an assigned grader or another grader in excess of the approved tour of duty, or worked on a nonscheduled workday, or actually worked on a holiday in excess of the tour of duty, will be considered as overtime. The charge for such overtime will be 150 percent of the grader's base salary rate plus an added 10 percent for administrative overhead charges.

(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 § 54.101.

(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 rate specified in § 54.101, plus actual travel expenses incurred by AMS for intermediate surveys to firms without grading service in effect.

(7) [Reserved]

(8) An administrative service charge equal to 25 percent of the grader's total salary costs. A minimum charge of $80 will be made each billing period.

(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.

(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: (1) Mutual consent;

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

(li) 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. 8230, May 28, 1969, as amended at 35 F.R. 19325, Dec. 22, 1970; 36 F.R. 6071, Apr. 2, 1971; 36 F.R. 9842, May 29, 1971; 37 F.R. 9458, May 11, 1972; 37 F.R. 12917, June 30, 1972; 38 FR 35227, Dec. 26, 1973; 40 FR 49783, Oct. 24, 1975]

§ 54.109 Fees or charges for grading service or inspection service performed under cooperative agreement. Fees or charges to be made to an applicant for any grading service or inspection service which differ from those listed in §§ 54.100 through 54.108 shall be provided for by a cooperative agreement.

136 F.R. 6072, Apr. 2, 1971]

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§ 54.122

Condemnation on ante mortem inspection.

Domestic rabbits found in a dying condition on premises of an official plant shall be immediately destroyed and together with any rabbits found dead on such premises shall be disposed of in accordance with § 54.132. Domestic rabbits plainly showing on ante mortem inspection any disease or condition, that under §§ 54.129 to 54.131, inclusive, would cause condemnation of their carcasses on post-mortem inspection, shall be condemned. Rabbits which on ante mortem inspection are condemned shall not be dressed, nor shall they be conveyed into any department of the plant where domestic rabbit products are prepared or held. Domestic rabbits which have been condemned on ante mortem inspection and have been killed shall, under the supervision of an inspector of the Inspection Service, receive treatment as provided in § 54.132.

§ 54.123 Segregation of suspects on ante mortem inspection.

All domestic rabbits which on ante mortem inspection do not plainly show, but are suspected of being affected with any disease or condition that under § 54.129 to 54.131, inclusive, may cause condemnation in whole or in part on post-mortem inspection, shall be segregated from the other domestic rabbits and held for separate slaughter, evisceration, and post-mortem inspection. The inspector shall be notified when such segregated lots are presented for postmortem inspection and inspection of such rabbits shall be conducted separately. Such procedure for the correlation of ante mortem and post-mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out.

§ 54.124 Quarantine of diseased domestic rabbits.

If live domestic rabbits, which are affected by any contagious disease which is transmissible to man, are brought into an official establishment, such domestic rabbits shall be segregated. The slaughtering of such domestic rabbits shall be deferred and they shall be dealt with in one of the following ways:

(a) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, the lot shall be subject to ante

mortem and post-mortem inspection pursuant to the regulations in this part. (b) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, such domestic rabbits may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful rabbit-by-rabbit ante mortem inspection shall be made, and all domestic rabbits found to be, or which are suspected of being, affected with the contagious disease transmissible to man shall be condemned.

POST-MORTEM INSPECTION

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Each

carcass, including all parts thereof, in which there is any lesion of disease or other condition, which might render such carcass or any part thereof unfit for human food, and with respect to which a final decision cannot be made on first examination by the inspector, shall be held for further examination. The identity of each such carcass, including all parts thereof, shall be maintained until a final examination has been completed.

§ 54.127 Condemnation and treatment of carcasses.

Each carcass, or any part thereof, which is found to be unsound, unwholesome, or otherwise unfit for human food shall be condemned by the inspector and shall receive such treatment, under the supervision of the inspector as will prevent its use for human food and preclude dissemination of disease through consumption by animals.

§ 54.128 Certification of carcasses.

Each carcass and all parts and organs thereof which are found by the inspector to be sound, wholesome, and fit for

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