Title 7--AGRICULTURE
Chapter


the plural, or vice versa, as the case may demand. [31 FR 4687, Mar. 19, 1966; 31 FR 4949, Mar. 25, 1966; Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR...


following terms shall be construed, respectively, to mean: Acceptable Quality Level (AQL). The maximum number of defects per hundred units (DHU) which is acceptable as...


to establish the condition of containers in stationary lots of packaged foods. This subpart shall be used to determine the acceptability of a lot based on specified...


show the number of containers to examine for condition in relation to lot size ranges. The tables provide acceptance (Ac) and rejection (Re) numbers for lot acceptance...


proper samples requires sufficient information to identify the lot; such information includes, but is not limited to: (1) The lot size (see Sec. 42.103 for restriction...


sample unit for the applicable type of defects listed in the table covering the container being inspected in Sec. Sec. 42.112 and 42.113. Other defects, not...


relating the number and class of defects enumerated on the worksheet to the acceptance and rejection numbers shown in Sec. Sec. 42.109 through 42.111 for the respective...


plans for normal inspection are those in Tables I and I-A. These plans shall be used except when the history of inspection permits reduced inspection or requires...


Table I--Sampling Plans for Normal Condition of...


Table II--Sampling Plans for Tightened Condition of...


limit number for reduced inspection, Table III-B. Table III--Sampling Plans for Reduced Condition of...


Table IV--Metal Containers ------------------------------------------------------------------------ Categories ...


Marking, or Code ------------------------------------------------------------------------ Categories Defects...


one-fourth of the lots offered for inspection are formally inspected. Skip lot sampling and inspection procedures may be instituted only when all of the following conditions...


normal inspection procedures as set forth in Subpart B of this part. When 10 consecutive lots are acceptable, inspect only one-half of the lots offered for inspection...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR42.122] [Page 208] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE Subpart C--Skip Lot Sampling and Inspection Procedures--Table of Contents Sec. 42.122 Applicability of other procedures. Whenever appropriate, the procedures for classifying and recording defects in Sec. 42.106 and for appeal inspections in Sec. 42.108 also apply to skip lot sampling and inspection. ...


2. All lot selections for the one-half and one-fourth sampling rates must be strictly random (for example, not every other lot or every fourth lot). 3. Two exceptions to...


amended, 1090, as amended (7 U.S.C. 1622, 1624). Source: 45 FR 69428, Oct. 21, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981, unless otherwise noted. ...


the total amount of production for a given day or shift is predicted and is then subdivided into conveniently designated portions of production approximately equal...


sum sampling plans for AQL's applicable to origin inspection are as...


production is determined by comparing the calculated CuSum value with the acceptance limit (``L'') for the specified AQL. (b) A portion of production is acceptable if...


the same basic inspection period may be reworked, combined together to form a lot, and resubmitted for inspection under the criteria for tightened inspection...


reduced on-line sampling plans are specified in Sec. 42.132 (Determining cumulative sum values). Normal plans shall be used except when the history of inspection...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR42.136] [Page 211] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE Subpart C--Skip Lot Sampling and Inspection Procedures--Table of Contents Subpart D--On-Line Sampling and Inspection Procedures Sec. 42.136 Applicability of other procedures. When appropriate, the procedures for classifying and recording defects in Sec. 42.106 and for appeal inspections in Sec. 42.108 also apply to on-line sampling and inspection. ...


classifying and recording defects in Sec. 42.106 and for appeal inspections in Sec. 42.108 also apply to on-line sampling...


The Operating Characteristic (OC) curve information (probability of acceptance) for skip lot sampling and inspection procedures described in Sec. 42.121 is easily...


[TIFF OMITTED] TC02SE91.019 Notes: 1. This curve applies only to the specific skip lot sampling and inspection plan described in Sec. 42.121 and...


contains the Operating Characteristic (OC) curve for each of the on-line cumulative sum sampling plans provided in subpart D. The OC curve and the corresponding cumulative...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR43.101] [Page 237] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 43--STANDARDS FOR SAMPLING PLANS--Table of Contents Sec. 43.101 Meaning of words. Words used in this subpart in the singular form shall be considered to impart the plural, or vice versa, as the case may demand. ...


of which are pertinent to the understanding of inspection by attributes follow: Acceptable quality level (AQL). The AQL is expressed in terms of percent defective...


sound specifications, standards, or sampling and inspection procedures. (b) The sampling plans of this subpart and corresponding operating characteristic...


to be used. Then find the applicable acceptance (Ac) and rejection (Re) numbers at the intersection of the sample size(s) row and AQL column. These numbers together with the...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR43.105] [Page 239] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 43--STANDARDS FOR SAMPLING PLANS--Table of Contents Sec. 43.105 Operating characteristics (OC) curves. The OC curves shows the ability of the various sampling plans, presented for each AQL, to distinguish between lots of different quality. ...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR43.105] [Page 239] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 43--STANDARDS FOR SAMPLING PLANS--Table of Contents Sec. 43.105 Operating characteristics (OC) curves. The OC curves shows the ability of the various sampling plans, presented for each AQL, to distinguish between lots of different quality. ...
...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR46.1] [Page 258] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 46--REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930--Table of Contents Sec. 46.1 Words in singular form. Words in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. ...


as stated therein. Unless otherwise defined, the following terms whether used in the regulations, in the Act, or in the trade shall be construed as follows: (a) Act...


dealer, or broker without a license which is valid and effective at such time. (b) Separate licenses are required for each person. More than one trade name may be...


on the currently approved form to be obtained from the Director or his representatives. (b) The applicant shall furnish the following information: (1)...


the form of cash or surety bonds in the form and amount satisfactory to the Director and shall not be less than $10,000. When cash is posted as surety, it shall be deposited into...


license, the license fee is as follows: (1) During the period November 15, 1995 through November 14, 1996, the license fee is $400 plus $200 dollars for each branch or...


a license, and bond, if required, the Director shall, if the applicant is found to be eligible, issue a license certifying that the licensee is authorized to engage in the...


fee of two dollars ($2) for each copy. Each copy shall bear the word ``copy'' in conspicuous letters on its face and shall be certified by the Director as a true copy of...


section 3(c) of the Act the license can be suspended if the licensee continues to use a trade name after being notified by the Director that such trade name has...


Act by engaging in business subject to the Act without a license may settle its liability, if such violation is found by the Director not to have been willful but due...


in which authorized to conduct business, type of ownership, if the business is individually owned, the name of the owner; if a partnership, the names of all general...


the foregoing requirements and may be used by licensees: ``Licensed by the U.S. Department of Agriculture under the Perishable Agricultural Commodities Act'', or...


bankruptcy. The licensee shall: (a) Promptly report to the Director in writing; (1) Any change of address; (2) Any change in officers,...


a period of two years from the closing date of the transaction the accounts, records, and memoranda required by the Act, which shall fully and correctly disclose all...


car manifests, express receipts, confirmations and memorandums of sales, letter and wire correspondence, inspection certificates, invoices on purchases, receiving records,...


Act shall be stored in an orderly manner and in keeping with sound business practices. The records being currently used shall be filed in order of dates, by serial...


request, permit any duly authorized representative of USDA to enter its place of business and inspect such accounts, records, and memoranda as may be material: (1) In...


all produce received and this record shall be in the form of a book (preferably a bound book) with numbered pages or comparable business record. This record shall clearly show...


shall be used in numerical order so far as practicable. No serial number shall be repeated within a 90-day period. The sales tickets shall be prepared and all the details of...


be sold on consignment or joint account or for the account of another person or firm. A lot number should be assigned to any purchased shipment in dispute between the parties to...


any produce sold for or on behalf of another, on consignment, or on joint account, or of any necessary allowance or adjustment being made to the buyers thereof, a...


dumping of produce received on joint account, on consignment, or handled for or on behalf of another person if any portion of such produce regardless of...


no commercial value or when it is dumped by order of a local health officer or other authorized official or when the shipper has specifically consented to such...


sections, licensees who purchase produce solely for sale at retail shall establish and maintain accounts and records, adapted to their type of operations, which will...


companies which publish catalogs of offerings will be responsible for furnishing the auction company for publication true and correct information concerning the ownership...


merchants, joint account partners, growers' agents and shippers because of the many types of businesses conducted. Therefore, the duties described in...


and are generally classified by their method of operation. The following are some of the broad groupings by method of operation. The usual operation of brokers consists...


between parties which lead to valid and binding contracts. A broker who fails to perform any specification or duty, express or implied, in connection with any...


joint account are required to exercise reasonable care and diligence in disposing of the produce promptly and in a fair and reasonable manner. A commission merchant engaged to...


of purchasing produce from growers in their own names. They distribute the produce in commerce by selling, consigning, or jointing the shipments, assuming any loss or...


growers to purchase produce or to handle produce on joint account. Similarly, their responsibilities to their customers depend upon their contracts to sell, consign...


of a growers' agent depend on the type of contract made with the growers. Agreements between growers and agents should be reduced to a written contract clearly...


or firm in connection with produce shall not make any use or disposition of such funds in his possession or control that will endanger or impair faithful and prompt...


consent of the licensee, divulge or make known, except to financially interested parties, or to other representatives of the Department who may be required to have such...


revocation of a license, the person against whom such order is directed shall be served by the Hearing Clerk with a copy of the order, and be notified of the effective...


in case of automatic suspension of a license for failure to pay a reparation award, the Director shall cause general publicity to be given to such fact, in order that those...


the 5-day period provided by section 7(d) of the Act nor in connection with the periods defined in Sec. 46.43 with exception of paragraph...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR46.38] [Page 280] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 46--REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930--Table of Contents Sec. 46.38 Sundays and holidays included. Sundays and holidays shall be included in the computation of all other periods mentioned in the Act or in the regulations in this part. Commodity Inspection ...


request, permit any duly authorized representative of the Department to inspect any lot of produce under his ownership or control covered by the Act. Any necessary facilities...


fresh fruits and vegetables as outlined in Part 51 of this chapter; and frozen fruits and vegetables as outlined in Part 52 of this chapter, and amendments thereto,...


of the Act and the regulations in this part, the act, omission, or failure of any agent, officer, or other person acting for or employed by a licensee, within the...


be furnished under the conditions and at the prices prescribed in the regulations of the Department. [25 FR 4853, June 2, 1960. Redesignated at 28 FR 7067, July...


any transaction coming within the scope of the Act, shall be construed as follows: (a) Today's shipment, or shipment on a specified date (such as...


connection with f.o.b. contracts of purchase and sale means that the commodity meets the requirements of the contract at time of loading or sale and, if the shipment...


a commission merchant, dealer, or broker to misrepresent by word, act, mark, stencil, label, statement, or deed, the character, kind, grade, quality, quantity, size, pack,...


agent gains ownership, control, or possession of the perishable agricultural commodities: Provided, That when perishable agricultural commodities have not been received...




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