§ 68.608 Grade designation for dockagefree lentils. The grade designation for dockagefree lentils shall include, in the order named, the letters "U.S."; the number of the grade or the words "Sample grade" when applicable; the name of each applicable special grade; and the name of the class. The grade designation for the class Mixed Lentils shall include, following the words "Mixed Lentils," the name and approximate percentage of each class of lentils in the mixture, in the order of predomi nance. SPECIAL GRADES, SPECIAL GRADE REQUIREMENTS, AND SPECIAL GRADE DESIGNATIONS § 68.609 Special grades and requirements. The following special grades shall be applicable: (a) Large lentils. Lentils of the class Lentils of which not more than 3.0 percent will readily pass through a 1564 round-hole sieve. (b) Small lentils. Lentils of the class Lentils of which 95 percent or more will readily pass through a 164 roundhole sieve, not less than 80 percent will readily pass through a 14 roundhole sieve, and not more than 3 percent will readily pass through a 64 round-hole sieve. § 68.610 Special grade designation. Large lentils and Small lentils shall be graded and designated according to the grade requirements of the standards otherwise applicable to lentils, and there shall be added to and made a part of the grade designation preceding the name of the class, the applicable term "Large” or “Small." § 68.611 Thresher-run lentils. Thresher-run lentils shall be inspected without reference to grade in accordance with instructions shown in the Inspection Handbook for Dry Peas, Split Peas, and Lentils (see § 68.606). (a) Factor determinations: Thresherrun lentils may be inspected for the following factors: Class, dockage, weevil-damaged lentils, heat-damaged lentils, damaged lentils, split lentils, foreign material, and color description. Subpart C-United States Classes, Standards and Grades for Rabbits UNITED STATES CLASSES OF READY-TO-Cook RABBITS 70.300 General. 70.301 Fryer or young rabbit. 70.302 Roaster or mature rabbit. UNITED STATES STANDARDS FOR QUALITY OF READY-TO-COOK RABBITS 70.310 General. STANDARDS FOR QUALITY 70.320 A quality. 70.321 B quality. 70.322 C quality. UNITED STATES CONSUMER GRADES FOR 70.330 U.S. Grade A. 70.332 U.S. Grade C. AUTHORITY: Secs. 202-208 of the Agricultural Marketing Act of 1946, as amended, (60 Stat. 1087-1091; 7 U.S.C. 1621-1627). SOURCE: 41 FR 23681, June 11, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and at 46 FR 63203, Dec. 31, 1981. EDITORIAL NOTE: Nomenclature changes to Part 70 appear at 46 FR 63203, Dec. 31, 1981. Subpart A-Grading of Poultry Products and Rabbit Products GENERAL 8 70.1 Definitions. Unless the context otherwise requires, the following terms shall have the following meaning: "Acceptable" means suitable for the purpose intended and acceptable to the Service. "Act" means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.) or any other act of Congress conferring like authority. "Administrator" means the Administrator of the Agricultural Marketing Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated or to whom there may hereafter be delegated the authority to act in his stead. "Applicant" means any interested person who requests any grading service. "Carcass" means any poultry or rabbit carcass. "Chief of the Grading Branch" means Chief of the Poultry Grading Branch, Poultry Division, Agricultural Marketing Service. "Class" means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind. "Condition" means any condition, including but not being limited to, the state of preservation, cleanliness, or soundness of any product; or any condition, including but not limited to the processing, handling, or packaging which affects such product. "Condition and wholesomeness" means the condition of any product and its healthfulness and fitness for human food. "Department" means the United States Department of Agriculture. "Free from protruding pinfeathers" means that a poultry carcass is free from protruding pinfeathers which are visible to a grader during an examination of the carcass at normal operating speeds. However, a carcass may be considered as being free from protruding pinfeathers if it has a generally clean appearance (especially on the breast), and if not more than an occasional protruding pinfeather is in evidence during a more careful examination of the carcass. "Giblets" means the following poultry organs when properly trimmed and washed: The liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed, and the gizzard from which the lining and contents have been removed. With respect to rabbits "giblets" means the liver from which the bile sac has been removed and the heart from which the pericardial sac has been removed. "Grader" means any Federal or State employee or the employee of a local jurisdiction or cooperating agency to whom a license has been issued by the Secretary to investigate and certify in accordance with the regulations in this part the class, quality, quantity, or condition of products. "Grading" or "grading service" means: (a) The act whereby a grader determines, according to the regulations in this part the class, quality, quantity, or condition of any product by examining each unit thereof or each unit of the representative sample thereof drawn by a grader, and issues a grading certificate with respect thereto, except that with respect to grading service performed on a resident basis, the issuance of a grading certificate shall be pursuant to a request therefor by the applicant or the Service; (b) the act whereby the grader identifies, according to the regulations in this part, the graded product; (c) with respect to any official plant, the act whereby a grader determines that the product in such plant was processed, handled, and packaged in accordance with § 70.110, or (d) any regrading or any appeal grading of a previously graded product. "Grading certificate" means a statement, either written or printed, issued by a grader, pursuant to the regulations in this part, relative to the class, quality, quantity, or condition of a product. "Holiday" or "Legal Holiday" shall mean the legal public holidays specified by the Congress in paragraph (a) of section 6103, Title 5, of the United States Code. "Identify" means to apply official identification to products or the containers thereof. "National supervisor" means (a) the officer in charge of the poultry grading service of the Agricultural Marketing Service, and (b) other officers and employees of the Department designated by the officer in charge of the poultry grading service of the Agricultural Marketing Service. "Office of grading" means the office of any grader. "Official plant" or "official establishment" means one or more buildings or parts thereof comprising a single plant in which the facilities and methods of operation therein have been approved by the Administrator as suitable and adequate for grading service and in which grading is carried on in accordance with the regulations in this part. "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not. "Poultry" means any kind of domesticated bird, including, but not being limited to, chickens, turkeys, ducks, geese, pigeons, and guineas. "Poultry food product” means any article of human food or any article intended for or capable of being so used, which is prepared or derived in whole or in substantial part, from any edible part or parts of poultry. "Poultry product” means any readyto-cook poultry carcass or part therefrom or any specified poultry food product. "Poultry grading service” means the personnel who are actively engaged in the administration, application, and direction of poultry and rabbit grading programs and services pursuant to the regulations in this part. "Quality" means the inherent properties of any product which determine its relative degree of excellence. "Rabbit" means any domesticated rabbit whether live or dead. "Rabbit product" means any readyto-cook rabbit carcass or part therefrom. "Ready-to-cook poultry" means any slaughtered poultry free from protruding pinfeathers, vestigial feathers (hair or down as the case may be) and from which the head, feet, crop, oil gland, trachea, esophagus, entrails, mature reproductive organs, and lungs have been removed, and the kidneys have been removed from certain mature poultry as defined in 9 CFR Part 381, and with or without the giblets, and which is suitable for cooking without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of poultry or other parts of poultry as defined in 9 CFR Part 381 that are suitable for cooking without need of further processing. "Ready-to-cook rabbit" means any rabbit which has been slaughtered for human food, from which the head, blood, skin, feet, and inedible viscera have been removed, that is ready to cook without need of further processing. Ready-to-cook rabbit also means any cut-up or disjointed portion of rabbit or any edible part thereof. "Regional director" means any employee of the Department in charge of poultry grading service in a designated geographical area. "Regulations" means the provisions of this entire part and such United States classes, standards, and grades for products as may be in effect at the time grading is performed. "Secretary" means the Secretary of the Department, or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. "Service" means the Agricultural Marketing Service of the Department. "Soundness" means freedom from external evidence of any disease or condition which may render a carcass or product unfit for food. "State supervisor" or "Federal-State supervisor" means any authorized and designated individual who is in charge of the poultry grading service in a State. [41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 42 FR 32514, June 27, 1977, and amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 47 FR 46071, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982; 51 FR 17280, May 9, 1986] § 70.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks, or other identification and devices for making such marks or identifications, issued or authorized under section 203 of said Act, and certain misrepresentations concerning the grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meaning specified: (a) "Official certificate" means any form of certification, either written or printed, used under this part to certify with respect to the sampling, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications). (b) "Official memorandum" means any initial record of findings made by an authorized person in the process of grading or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading or sampling under this part, and any report made by an authorized person of services performed pursuant to this part. (c) "Official mark” means the grademark and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product or affixed to or printed on the packaging material of any product, stating that the product was graded or indicating the appropriate U.S. Grade or condition of the product, or for maintaining the identity of products graded under this part, including but not limited to, those marks set forth in § 70.51. (d) "Official identification" means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label, or seal indicating that the product has been officially graded and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product. (e) "Official device" means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof. § 70.3 Administration. The Administrator shall perform for and under the supervision of the Secretary such duties as are prescribed in the regulations in this part and as the Secretary may require in the adminis |