shall be made by the Regional Director or the Chief of the Grading Branch. § 55.450 Procedures for selecting appeal samples. (a) Laboratory analyses. The appeal sample shall consist of product taken from the original sample containers plus an equal number of containers selected at random. When the original sample containers cannot be located, the appeal sample shall consist of product taken at random from double the number of original sample containers. (b) Condition inspection. The appeal sample shall consist of product taken from the original sample containers plus an equal number of containers selected at random. A condition appeal cannot be made unless all originally sampled containers are available. § 55.460 Appeal certificates. Immediately after an appeal grading or inspection is completed, an appeal certificate shall be issued to show that the original grading or inspection was sustained or was not sustained. Such certificate shall supersede any previously issued certificate for the product involved and shall clearly identify the number and date of the superseded certificate. The issuance of the appeal certificate may be withheld until any previously issued certificate and all copies have been returned when such action is deemed necessary to protect the interest of the Government. When the appeal grader or inspector assigns a different class or quantity designation to the lot, the labeling shall be corrected. FEES AND CHARGES § 55.500 Payment of fees and charges. (a) Fees and charges for any service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of this section and §§ 55.510 through 55.560, 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 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 AMS. (c) Fees and charges for any service under a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement. [36 FR 11795, June 19, 1971, as amended at 42 FR 2969, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and at 46 FR 63203, Dec. 31, 1981] § 55.510 Fees and charges for services other than on a continuous resident basis. (a) Unless otherwise provided in this part, the fees to be charged and collected for any service (other than for an appeal) performed, in accordance with this part on a fee basis shall be based on the applicable rates specified in §§ 55.510 through 55.560, both inclusive. (b) Fees for product inspection and sampling for laboratory analysis will be based on the time required to perform the services. The hourly charge shall be $24.12 and shall include the time actually required to perform the sampling and inspection, waiting time, travel time, and any clerical costs involved in issuing a certificate. (c) Services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $25.92 per hour. Information on legal holidays is available from the Supervisor. (d) The cost of an appeal grading, inspection, laboratory analysis, or review of a grader's or inspector's decision shall be borne by the appellant at an hourly rate of $20.28 for time spend performing the appeal and travel time to and from the site of the appeal, plus any additional expenses. If the appeal grading, inspection, laboratory analysis, or review of a grader's or inspector's decision discloses that a material error was made in the original determination, no fee or expenses will be charged. [36 FR 11795, June 19, 1971. Redesignated at 42 FR 32514, June 27, 1977, and amended 1 Coliform test may be in two steps as follows: Step 1-presumptive test through lauryl sulfate tryptose broth; Step 2-confirmatory test through brilliant green lactose bile broth. 2 E. coli test may be in two steps as follows: Step 1-presumptive coliform test through lauryl sulfate tryptose broth; Step 2-presumptive E. coli test through eosinmethylene blue agar. 3 No charge. • Salmonella test may be in three steps as follows: Step 1-growth through differential agars; Step 2-growth and testing through triple-sugar-iron and lysine-iron agars; Step 3-confirmatory test through biochemicals. (b) The fee charge for any laboratory analysis not listed in paragraph (a) of this section, or for any other applicable services rendered in the laboratory, shall be based on the time required to perform such analysis or render such service. The hourly rate shall be $30.52. [54 FR 22410, May 24, 1989] § 55.560 Charges for continuous inspection and grading service on a resident basis. Fees to be charged and collected for service on a resident basis shall be those provided in this section. The fees to be charged for any appeal grading or inspection shall be as provided in § 55.510. (a) Charges. The charges for the service shall be paid by the applicant and shall include items listed in this section as are applicable. Payment for the full cost of the service rendered to the applicant shall be made by the applicant to the Agricultural Marketing Service, U.S. Department of Agriculture. Such full costs shall comprise such of the items listed in this section as are due and included in the bill or bills covering the period or periods during which the grading and inspection service was rendered. Bills will be rendered by the 10th day following the end of the billing period in which the service was rendered and are payable upon receipt. (1) An inauguration charge of $310 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) or inspector(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 for the salary and other costs, as specified in this subparagraph, for each grader or inspector while assigned to a plant, except that no charge will be made when the assigned grader or inspector is temporarily reassigned by AMS to perform grading or inspection 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, State graders, or a combination of Federal and State graders are used, by averaging the salary rates paid to each Federal or State grader assigned to such plants. 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, groups 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. (ii) All hours worked by an assigned grader or inspector or another grader or inspector 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 or inspector's base salary rate. (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 or inspector's base rate. (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 work performed on Sunday, Sunday differential charges (for regular, overtime, or holiday hours worked on Sunday) will be at the applicable rates established plus 25 percent of the base rate. (vi) 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 § 55.510. (3) An administrative service charge equal to 25 percent of the grader's or inspector's total salary costs. A minimum charge of $135 will be made each billing period. The minimum charge also applies where an approved application is in effect and no product is handled. (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 or inspector with such information as may be necessary for the performance of the service. (2) AMS will provide, as available, an adequate number of graders or inspectors to perform the service. The number of graders or inspectors required will be determined by AMS based on the expected demand for service. (3) The service shall be provided at designated locations 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 and inspection service; or or (iv) Action taken by AMS pursuant to the provisions of § 55.180 § 55.200. (4) Graders or inspectors will be required to confine their activities to those duties necessary in the rendering of service and such closely related activities as may be approved by the Administrator. (5) When similar services are furnished to the same applicant under Part 56 or Part 70 of this chapter, the charges listed in this section shall not be repeated. [36 FR 11795, June 19, 1971, as amended at 37 FR 9458, May 11, 1972; 41 FR 47255, Oct. 28, 1976; 42 FR 2969, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and amended at 42 FR 57300, Nov. 2, 1977; 43 FR 60138, Dec. 26, 1978; 46 FR 8, Jan. 2, 1981; 46 FR 49571, Oct. 7, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 47 FR 46069, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982; 48 FR 20682, May 9, 1983; 52 FR 13628, Apr. 24, 1987; 54 FR 22410, May 24, 1989] § 55.570 Fees for service performed under cooperative agreement. The fees to be charged and collected for any service performed under cooperative agreement shall be those provided for by such agreement. SANITARY AND PROCESSING § 55.600 General. Except as otherwise approved by the Administrator, the sanitary, processing, and facility requirements, as applicable, shall be the same for the product processed under this part as for egg products processed under §§ 59.500 through 59.580(c) of this chapter and § 55.650. § 55.650 Inspection and grading. Examinations of the ingredients, processing, and the product shall be made to assure the production of a wholesome, unadulterated, and properly labeled product. Such examinations include, but are not being limited to: (a) Sanitation checks of plant premises, facilities, equipment, and processing operations. (b) Checks on ingredients and additives used in products to assure that they are not adulterated, are fit for use as human food, and are stored, handled, and used in a sanitary manner. (c) Examination of the eggs or egg products used in the products to assure they are wholesome, not adulterated, and comply with the temperature, pasteurization, or other applicable requirements. (d) Inspection during the processing and production of the product to determine compliance with any applicable standard or specification for such product. (e) Examination during processing of the product to assure compliance with approved formulas and labeling. (f) Test weighing and organoleptic examinations of finished product. Subpart B-Official U.S. Standards for Palatability Scores for Dried Whole Eggs § 55.800 Preparation of samples for palatability test. Reconstitute 33 grams of dried whole egg powder as completely as possible with 90 grams of distilled water in a suitable, clean container. Add the water and mix until the mixture is smooth and free from lumps. Place the container in gently boiling water and stir the mixture while coagulation takes place. When coagulated to the consistency of scrambled eggs, the sample is ready for the palatability test. § 55.820 Palatability scores for dried whole eggs. The palatability score of the prepared sample shall be determined by a panel of officially qualified graders of dried eggs of the Agricultural Marketing Service, and shall be rated in accordance with the following table: |