shall be made hereunder for any inspector during any period of leave approved by AMS for such inspector; (iv) A charge of $3.65 per hour for each hour of overtime work performed by each inspector assigned to any type of operation described in subdivision (iii) of this subparagraph: Provided, That any unscheduled overtime work performed by an inspector on a day when no work is scheduled for him, or for which he is required to return to his place of employment, shall be considered to be at least two hours in duration. (v) A night differential charge of 10 percent of the inspector's basic hourly salary rate of compensation for each hour of any regularly scheduled work between the hours of 6:00 p. m. and 6:00 a. m.; (vi) A charge at double the applicable hourly rate (weekly rates specified in subdivision (iii) of this subparagraph divided by 40) for any inspection service performed by an inspector on a designated holiday; (vii) A charge for the actual cost to AMS of the travel and per diem in lieu of subsistence with respect to each inspector who is assigned to the designated plant but whose travel headquarters is not at the designated plant, such charge to cover the period during which each such inspector is assigned to the designated plant, and travel to and from the designated plant in connection with such assignment; (viii) A charge at the sole discretion of AMS of an amount not in excess of the actual cost to the AMS of the travel (including the cost of movement of household goods and dependents) and per diem in lieu of subsistence with respect to each inspector who is transferred from another official plant to the designated plant, when the inspector's travel headquarters is changed to the designated plant at the time of such transfer; (ix) A charge for the actual cost to AMS of the travel and per diem in lieu of subsistence with respect to each inspector who is assigned to the designated plant and whose travel headquarters is at the designated plant, if at the request of the designated plant, such inspector is reassigned temporarily to another official plant, such charge to cover the period during which each such inspector is reassigned to the other plan and the travel to and from the designated plant in connection with such reassignment; (x) A charge in an amount equal to nine and one-half (9.5) percent of the amounts prescribed in subdivisions (iii), (iv), (v), (vi), (vii), (viii), and (ix) of this subparagraph to cover approximate overhead for administrative and other costs and expenses incurred by AMS in rendering inspection service pursuant to the aforesaid regulations: Provided, That, after the inspection service is inaugurated in the designated plant, the minimum charge for each calendar month shall be $25.00; (xi) The applicant shall also, upon receipt of an invoice therefor,at the inauguration of the inspection service pursuant hereto, make an advance payment in an amount to cover the estimated average cost of inspection in the designated plant for a period of one month. The advance payment will be applied to the final bill and any balance due the applicant will be refunded on termination of this contract; (xii) The charges and credits specified in subdivisions (iii), (iv), (v), (vi), (vvi), (viii), (ix), (x), and (xiii) of this subparagraph shall be billed at the end of each calendar month. The charge for each 8-hour day, for the services of any inspector, shall be at the rate of one-fifth of the applicable charge for each 40-hour work week, as provided in subdivision (iii) of this subparagraph. Overtime and night differential charges (when applicable) shall be billed at the rates specified in subdivisions (iv) and (v) of this subparagraph; and (xiii) 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 applicant to the Department of Defense. The amount of such credit will be based on a formula concurred in jointly by the Departments of Defense and Agriculture. (2) The applicant shall furnish such stenographic and clerical assistance as may be necessary in typing certificates and handling correspondence in connection with the inspection service covered hereby. (3) Inspectors will be provided by AMS to perform the inspection service covered hereby. AMS may, from time to time, assign to the designated plant such additional inspectors as it deems necessary in order to perform the inspection service covered hereby, or decrease the number of inspectors when fewer inspectors are needed to perform such service. (4) Whenever operations at the designated plant are discontinued during any period or periods, any inspector (assigned, as aforesaid, by AMS to the designated plant) may perform such other services as may be deemed appropriate, and are approved, by the regional supervisor. (5) AMS will not be responsible for damages accruing through errors of commission or omission on the part of its inspectors when engaged in rendering service hereunder. (6) The inspection service herein applied for shall be provided at the designated plant and shall be continued until the service or this contract is suspended, withdrawn, or terminated (i) by mutual consent; (ii) by thirty (30) days' written notice given by either party to the other party specifying the date of suspension, withdrawal, or termination (iii) pursuant to the aforesaid regulations (iv) upon 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 costs of the inspection service as herein provided, or if the applicant fails to comply with the terms and conditions hereof. (b) All terms used herein shall have the same meaning as when used in the aforesaid regulations and instructions. (c) No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom unless it be made with a corporation for its general benefit. § 70.417 Application for inspection of canning and processing of inspected ready-to-cook poultry in plants operating under federal meat inspection service. Application is hereby made, in accordance with the applicable provisions of the regulations (7 CFR Part 70) governing the inspection of poultry and edible products thereof, for condition and wholesomeness at the following designated plant: Name of plant Street address City and State.. (a) In making this application, the applicant agrees to comply with the terms and conditions of the aforesaid regulations (including, but not being limited to, such instructions governing inspection of products as may be issued, from time to time, by the Administrator), and the following: (1) Payment for the full cost of the inspection service covered hereby shall be made by the applicant to the Agricultural Marketing Service, U. S. Department of Agriculture (hereinafter referred to as "AMS") not later than thirty (30) days from date of billing. Such full costs shall comprise such of the following items as may be due and may be included, from time to time, in the invoice or invoices covering the period or periods during which the inspection service may be rendered; (i) A charge of $75.00 for the survey (required to be made with respect to an official plant pursuant to the aforesaid regulations) made of the designated plant and its premises (but no charge for the final survey) prior to the performance, by AMS, of the inspection service covered hereby; (ii) Charges for each additional survey, if any, made at the request of the applicant to be computed on the basis (a) of the actual cost to AMS of the travel and per diem in lieu of subsistence incurred in the making of the survey, and (b) a charge of $4.00 per hour for the time consumed at the plant in making the survey; (iii) With respect to inspectors of the Meat Inspection Branch, Agricultural Research Service (formerly the Meat Inspection Division, Bureau of Animal Industry) who are assigned to the designated plant for the inspection of canning or processing of poultry food products, a charge equal to the amounts reimbursed to the Agricultural Research Service by AMS, plus twenty-five (25) percent of such amounts to cover administrative overhead of AMS: Provided, That, after the inspection service is inaugurated in the designated plant, the minimum charge for each calendar month shall be $25.00; (iv) The applicant shall also, upon receipt of an invoice therefor, at the inauguration of the inspection service pursuant hereto, make an advance payment in an amount to cover the estimated average cost of the inspection in the designated plant for a period of one month. The advance payment will be applied to the final bill and any balance due the applicant with be refunded on termination of this contract; and (v) The charges specified in (iii) and (iv) which may consist of amounts due for regular, overtime, holiday or night differential hours, shall be billed at the end of each calendar month. (2) Inspection service will be provided by AMS by mutual agreement with Meat Inspection Branch, Agricultural Research Service, utilizing inspectors detailed to the plant by the Meat Inspection Branch. Inspectors of the Meat Inspection Branch detailed to the plant will be licensed by AMS to perform inspection service covered by this contract. (3) The Agricultural Marketing Service will not be responsible for damages accruing through errors of commission or omission on the part of its inspectors when engaged in rendering service hereunder. (4) The inspection service herein applied for shall be provided at the designated plant and shall be contained until the service or this contract is suspended, withdrawn, or terminated (i) by mutual consent; (ii) by thirty (30) days' written notice given by either party to the other party specifying the date of suspension, withdrawal, or termination; (iii) pursuant to the aforesaid regulations; (iv) upon 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 costs of the inspection service as herein provided, or if the applicant fails to comply with the terms and conditions hereof. (b) All terms used herein shall have the same meaning as when used in the aforesaid regulations and instructions. (c) No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom unless it be made with a corporation for its general benefit. Agricultural Marketing Service, U. S. Department of Agriculture. (Sec. 205, 60 Stat. 1090; 7 U. S. C. 1624) Issued at Washington, D. C., this 23d day of February 1955. [SEAL] ROY W. LENNARTSON, Deputy Administrator, Agricultural Marketing Service. 78733-56-13 S. W. BARKER, PORTLAND, OREG., May 8, 1956, 100 Indiana Avenue, Washington, D. C. DEAR SIR: Dr. Osgood and staff were at the Oregon Turkey Growers' plant Wednesday, May 2, to take the second blood test and at that time they found that 16 of the 70 some people had contracted some form of respiratory ailment since the first blood test on April 11 and advised them to see their doctor and to have X-rays taken if they are not feeling up to par. One was hospitalized and three are under doctors' care at home. Nineteen employees out of the crew at Fresh Foods showned in the test as positive psittacosis. Northwest Poultry plant in Portland reported to Dr. Osgood's office today that there were approximately seven off ill at the time and that they are investigating it. An employee of a sandwich company reported that she had to leave work this morning and that several of the girls had been ill there, including the owner of the plant. At the regular meeting of the local union a motion was made to secure a certificate of proof that the turkeys had been treated with aureomycin to be presented with each flock to be processed, and to renew our request for insurance for the people working on the turkeys in this breeder season so it will be necessary for me to call a meeting of the industry. Please advise if this is correct procedure with your thinking. W. R. DAVISSON, Secretary and Business Representative, Egg and Poultry Local, No. 231. PATRICK E. GORMAN, NEOSHO, MO., December 30, 1954. Secretary-Treasurer, Amalgamated Meat Cutters and Butcher Workmen of North America. DEAR SIR: A few weeks ago I received a pamphlet from you "Congress Should Probe Sick and Diseased Poultry." I am heartily in sympathy with your crusade. I was employed by the Department of Agriculture last year from September until January as a poultry inspector in a number of plants in Minnesota, Iowa and Missouri. I learned quite a lot in the short time I was employed. I read the pamphlet from cover to cover and know every word of it to be true. Conditions in some of the plants under inspection are deplorable, and the inspector who is conscientious starts to crack down. This is what happened to me when I tried to enforce a few regulations. The plant owner calls up my area supervisor, the area supervisor stays behind me, but the plant owner happens to have helped Senator So-and-So get elected so he calls him in Washington and he in turn gets ahold of the Director of the Poultry Inspection Service and the plant owner gives me the horse laugh and I get transferred and finally get fed up and resign. As I mentiond before, I'm heartily in sympathy with your movement and if I can be of any help in any way I will be more than glad to. Sincerely, DR. F. N. SCHLAEGEL, Veterinarian, THE MEDICAL SOCIETY OF NEW JERSEY, Mr. EARL W. JIMMERSON, President, Amalgamated Meat Cutters and Butcher Workmen of North America, Chicago, Ill. DEAR MR. JIMERSON: The board of trustees of the Medical Society of New Jersey, at its meeting on December 19, 1954, received your request for cooperation and support in the nationwide campaign to secure effective poultry regulation and inspection on all levels of government in the United States, State and local as well as Federal. By action of the board of trustees your request for cooperation and support was approved. The Medical Society of New Jersey will cooperate in every way it can. Sincerely yours, REUBEN L. SHARP, M. D., NEW JERSEY ASSOCIATION OF OSTEOPATHIC PHYSICIANS AND SURGEONS, Mr. EARL W. JIMMERSON, President, Amalgamated Meat Cutters and Butcher Workmen of North America, Chicago, Ill. DEAR MR. JIMMERSON: With further reference to our letter dated November 2 concerning your earlier letter and pamphlet regarding establishment of poultry regulation and inspection program on all levels of government please be advised that the board of directors of this association expresses its agreement and desire to assist in your campaign. If there is any special way in which we may be of assistance, please advise. Sincerely, IRVING J. TECKER, Executive Secretary. Mr. JESS CLARK, NEW MEXICO MEDICAL SOCIETY, Albuquerque, N. Mex., January 3, 1956. Secretary, Local 391 Albuquerque, N. Mex. DEAR MR. CLARK: You will, no doubt, remember that in September you delivered to me a letter requesting an official endorsement of the State medical society pertaining to your poultry cleanup campaign. The council of the New Mexico Medical Society had a meeting on December 17 and unanimously endorsed the program of your organization of cleaning up the poultry industry. Enclosed is a resolution from the council of the New Mexico Medical Society pertaining to this subject. You will notice that the State society also pledged its cooperation and assistance in behalf of this program. Please feel free to call on us if we may be able to assist you further. Sincerely, RALPH R. MARSHALL, RESOLUTION CONCERNING THE POULTRY INDUSTRY Whereas there is no general inspection of the poultry industry and whose products are shipped commercially all over America; and Whereas a large percentage of the American public consumes great quantities of poultry products each year; and Whereas the poultry industry represents a health problem from unclean and diseased fowls; and Whereas the Federal Food and Drug Administration inspects all meat-processing plants with the exception of the poultry industry; and Whereas the Amalgamated Meat Cutters and Butcher Workmen of North America have begun a program of education with the hope that Congress will pass a regulation requiring the Food and Drug Administration to inspect all poultry concerns that distribute their products commercially; Therefore, be it Resolved, That the New Mexico Medical Society hereby endorses the Amalgamated Meat Cutters and Butcher Workmen's program of cleaning up the poultry industry; and be it further Resolved, That the New Mexico Medical Society pledges its cooperation and assistance in the behalf of this program; and be it further Resolved, That a copy of this resolution be sent to Local 391, Amalgamated Meat Cutters and Butchers Workmen, and the New Mexico Department of Public Health. Mr. EARL W. JIMMERSON, ANIMAL MEDICAL CLINIC, President, Amalgamated Meat Cutters et al., Chicago, Ill. DEAR SIR: Your pamphlet Congress Should Probe Sick and Diseased Poultry was received and read with great interest. As a matter of fact, was the Federal Food and Drug Administration veterinarian who was responsible for all the seizures and legal action your booklet mentions. |