termine the amount of bond needed under such paragraph; and perform all acts, functions, and duties with respect to the investigation and disposition of informal complaints for reparation as prescribed in § 202.104 of this chapter and to arrange for the service of documents and perform all other acts, functions, and duties of the Administrator and Administration prescribed in §§ 202.104 through 202.108 of this chapter. as (3) The Chief of the Poultry Branch of the Packer and Poultry Division is hereby delegated authority to perform all acts, functions, and duties of the Director of said Division with respect to issuing of licenses pursuant to the provisions of section 502(b) of the as Packers and Stockyards Act, amended (7 U.S.C. 218a(b)). (d) [Reserved] (e) Regional Supervisors. (1) The Regional Supervisors of the Packers and Stockyards Administration are hereby individually delegated authority under the provisions of section 402 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 222), to issue special orders pursuant to the provisions of section 6(b) of the Federal Trade Commission Act. (15 U.S.C. 46(b)), and, with respect thereto, to issue notices of default provided for in section 10 of the Federal Trade Commission Act (15 U.S.C. 50); to notify persons deemed to be subject to the bonding requirements in 7 U.S.C. 204 of their obligations to file bonds or trust fund agreements in conformity with 8 201.27 through 201.38 of this chapter; to notify persons deemed to be subject to the reporting requirements in 201.97 of this chapter of their obligations to file annual reports; and to grant reasonable requests for extension of 30 days or less, of the time for the filing of such annual reports in conformity with 8 201.97 of this chapter. (2) The Regional Supervisors are hereby individually delegated authority, when there is reason to believe that there is a question as to the true ownership of livestock sold by any person, to disclose information relating to such questionable ownership to any interested person. 33-024 0-84--8 (f) Investigative employees. All employees of the Packers and Stockyards Administration assigned to or responsible for investigations in the enforcement of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.) or the enforcement of the Truthin-Lending Act (15 U.S.C. 1601-1665) with respect to any activities subject to the Packers and Stockyards Act, 1921, as amended or any other Act with respect to any civil defense or defense mobilization activities assigned to the Administration, are hereby individually delegated authority under the Act of January 31, 1925, 43 Stat. 803, 7 U.S.C. 2217, to administer to or take from any person an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of the aforementioned Acts. This authority may not be redelegated and will automatically expire upon the termination of the employment of such employee with the Packers and Stockyards Administration. (g) Concurrent authority and responsibility to the Administrator. No delegation prescribed herein shall preclude the Administrator or Deputy Administrator from exercising any of the powers or functions or from performing any of the duties conferred upon them, and any such delegation is subject at all times to withdrawal or amendment by the Administrator or Deputy Administrator or the Division Director responsible for the function involved. The officials to whom authority is delegated herein shall (1) maintain close working relationships with the Division Directors and Administrator or Deputy Administrator as the case may be, (2) keep them advised with respect to major problems and developments, and (3) discuss with them proposed actions involving major policy questions or other important considerations or questions, including matters involving relationships with other Federal agencies, other agencies of the Department, other Divisions or offices of the Packers and Stockyards Administration, or other Governmental or private organizations or groups. (h) All prior delegations and redelegations of authority relating to any function or activity covered by these delegations of authority shall remain in effect except as they are inconsistrent herewith or are hereafter amended or revoked. Nothing herein shall affect the validity of any action heretofore taken under prior delegations or redelegations of authority or assignment of functions. (i) Reservations of authority. There is hereby reserved to the Administrator and Deputy Administrator the authority with respect to proposed rulemaking and final action for the issuance of regulations (§ 201.1 of this chapter et seq.), rules of practice governing proceedings (§ 202.1 of this chapter et seq.), and statements of general policy (§ 203.1 of this chapter et seq.), and the issuance of moving papers as prescribed in the rules of practice governing formal adjudicatory administrative proceedings instituted by the Secretary (7 CFR Part 1, Subpart H, 1.133); and the authority to make final determinations in accordance with the provisions of 7 CFR Part 1, Subpart A, as to the availability of official records and information made or obtained in connection with the administration of the Packers and Stockyards Act which are considered exempt from disclosure under § 204.7 of this part. § 204.4 Public inspection and copying. (a) Facilities for public inspection and copying of the indexes arid materials required to be made available under 7 CFR 1.2(a) will be provided by Packers and Stockyards Administration during normal hours of operation. Request for this information should be made to the Freedom of Information Act Officer at the following address: Freedom of Information Act Officer, Packers and Stockyards Administration, United States Department of Agriculture, Washington, D.C. 20250. (b) Copies of such materials may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Director, Office of Operations and Finance, USDA. § 204.5 Indexes. Pursuant to the regulations in 7 CFR 1.4(b), the Packers and Stockyards Administration will maintain and make available for public inspection and copying current indexes of all material required to be made available in 7 CFR 1.2(a). Notice is hereby given that publication of these indexes is unnecessary and impractical, since the material is voluminous and does not change often enough to justify the expense of publication. § 204.6 Requests for records. (a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in accordance with 7 CFR 1.3(a). Authority to make determinations regarding initial requests in accordance with 7 CFR 1.4(c) is delegated to the Freedom of Information Act Officer of the Packers and Stockyards Administration. Requests should be submitted to the FOIA Officer at the following address: Freedom of Information Act Officer (FOIA Request), Packers and Stockyards Administration, United States Department of Agriculture, Washington, D.C. 20250. (b) The request shall identify each record with reasonable specificity as prescribed in 7 CFR 1.3. (c) The FOIA Officer is authorized to receive requests and to exercise the authority to (1) make determination to grant requests or deny initial requests, (2) extend the administrative deadline, (3) make discretionary release of exempt records, and (4) make determinations regarding charges pursuant to the fee schedule. 8 204.7 Appeals. Any person whose request under 8204.6 of this part is denied shall have the right to appeal such denial in accordance with 7 CFR 1.3(e). Appeals shall be addressed to the Administrator, Packers and Stockyards Administration, U.S. Department of Agriculture, Washington, D.C. 20250. CHAPTER III-FOOD SAFETY AND INSPECTION SERVICE, MEAT AND POULTRY INSPECTION, EDITORIAL NOTE: For nomenclature changes to this chapter, see 37 FR 7311, Apr. 13, 1972, 42 FR 22373, May 3, 1977, and 46 FR 63204, Dec. 31, 1981; 47 FR 5196, Feb. 4, 1982. SUBCHAPTER A-MANDATORY MEAT INSPECTION Part 301 Definitions....... Page 107 302 303 304 Application of inspection and other requirements. 113 Application for inspection; grant or refusal of in- 113 117 305 306 307 Official numbers; inauguration of inspection; 118 120 121 312 313 Official marks, devices and certificates..................... 157 165 314 315 Handling and disposal of condemned or other in- 171 174 316 317 318 Marking products and their containers.. 175 181 198 329 Detention; seizure and condemnation; criminal of- 279 331 Special provisions for designated States and Terri- 281 335 Rules of Practice governing proceedings under 287 ...... SUBCHAPTER B-VOLUNTARY INSPECTION AND CERTIFICATION SERVICE 350 Special services relating to meat and other products....... 351 354 355 362 Certification of technical animal fats for export.... Certified products for dogs, cats, and other carni- 292 294 301 326 338 SUBCHAPTER C-MANDATORY POULTRY PRODUCTS INSPECTION 381 Poultry products inspection regulations..... 343 ADMINISTRATIVE PROVISIONS 390 Freedom of information...... 445 SUBCHAPTER A-MANDATORY MEAT INSPECTION EDITORIAL NOTE: For nomenclature changes to Subchapter A, see 37 FR 9460, May 11, As used in this subchapter, unless otherwise required by the context, the following terms shall be construed, respectively, to mean: (a) The Act. The Federal Meat Inspection Act, as amended, (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 U.S.C., Sec. 601 et seq.). (b) The Department. The United States Department of Agriculture. (c) Secretary. The Secretary of Agriculture of the United States or his delegate. (d) Food Safety and Inspection Service. The Food Safety and Inspection Service of the Department. (e) Administrator. The Administrator of the Food Safety and Inspection Service or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead. retary to do any work or perform any duty in connection with the Program. (i) Official establishment. Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this subchapter. (j) Circuit supervisor. The circuit supervisor of a circuit. (k) Circuit. One or more official establishments included under the supervision of a circuit supervisor. (1) Person. Any individual, firm, or corporation. (m) Firm. Any partnership, association, or other unincorporated business organization. (n) Meat broker. Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person. (0) Renderer. Any person engaged in the business of rendering carcasses or parts or products of the carcasses of any livestock except rendering conducted under inspection or exemption under Title I of the Act. (p) Animal food. Any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock, except that the term animal food as used herein does not include livestock and poultry feeds manufactured from processed animal byproducts (such as meatmeal tankage, meat and bonemeal, bloodmeal, and feed grade animal fat). (q) Animal food manufacturer. Any person engaged in the business of manufacturing or processing animal food except manufacturers of livestock and poultry feeds with respect to any activity of acquiring or using processed animal byproducts (such as meat meal tankage, meat and bonemeal, |