Title 7--AGRICULTURE
Chapter I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,


words. Definitions Words used in this subpart in the singular form shall be deemed to import the plural, and vice versa, as...


official certificates, memoranda, marks, other identifications, for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of...


The Director is charged with the administration of the regulations and the Act insofar as they relate to livestock. ...


Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the...


service. Service under these regulations may be made available with respect to livestock shipped or received in interstate commerce, and with respect to the...


(a) Application. Any person may apply to the Director or Chief for service under the regulations with respect to livestock in which the applicant is...


service. Service under the regulations shall be furnished to applicants in the order in which requests therefor are received, insofar as consistent with...


service deemed made. A request for service under the regulations shall be deemed to be made when received by a market news office. Records showing the date and...


application or request for service. An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application...


agent. Proof of the authority of any person making an application or a request for service under the regulations on behalf of any other person may be required at...


withdrawal of service. (a) For misconduct--(1) Bases for denial or withdrawal. An application or a request for service may be rejected, or the benefits of the...


of official grader. No official grader shall grade or determine compliance of any livestock in which he or any of his relatives by blood or marriage is...


livestock. (a) The applicant shall cause livestock, with respect to which service is requested, to be made easily accessible for examination and to be so...


(a) Required; exception. The official grader shall prepare, sign, and issue a livestock acceptance certificate covering livestock for which compliance...


concerning service rendered. Upon request of any applicant, all or any part of the contents of any certificate issued to him under the regulations, or...


other charges for service. Fees and other charges equal as nearly as may be to the cost of the services rendered shall be assessed and collected from applicants...


fees and other charges. Fees and other charges for service shall be paid in accordance with the following provisions unless otherwise provided in the...


All official graders and supervisors shall have their Agricultural Marketing Service identification cards in their possession at all times while they are...


service. When an official grader, supervisor, or other responsible employee of the Branch has evidence of misgrading, or of incorrect certification or other...


54.1 Meaning of words. Definitions Words used in this subpart in the singular form shall be deemed to...


54.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. ...


54.3 Authority. The Chief is charged with the administration, under the general supervision and direction of the Director, of the regulations and...


54.4 Kind of service. (1) Grading service under the regulations shall consist of the determination and certification and other identification,...


54.5 Availability of service. Service under these regulations may be made available with respect to products shipped or received in interstate commerce,...


54.6 How to obtain service. (a) Application. Any person may apply to the Director or Chief for service under the regulations with respect to products...


54.7 Order of furnishing service. Service under the regulations shall be furnished to applicants in the order in which requests therefor are...


54.8 When request for service deemed made. A request for service under the regulations shall be deemed to be made when received by an office of...


54.9 Withdrawal of application or request for service. An application or a request for service under the regulations may be withdrawn by the applicant at...


54.10 Authority of agent. Proof of the authority of any person making an application or a request for service under the regulations on behalf of any...


54.11 Denial or withdrawal of service. (a) For misconduct--(1) Bases for denial or withdrawal. An application or a request for service may be...


54.12 Financial interest of official grader. No official grader shall grade or determine compliance of any products in which he or any of his relatives...


54.13 Accessibility and refrigeration of products; access to establishments. (a) The applicant shall cause products, with respect to which service...


54.14 Official certificates. (a) Agricultural Products Certificate Form LS-5-3 (Figure 1) is the official certificate for products under the...


54.15 Advance information concerning service rendered. Upon request of any applicant, all or any part of the contents of any certificate issued to him...


54.16 Marking of products. All products for which class and grade under the standards are determined under the regulations, or the immediate and...


54.17 Official identifications. (a) A shield enclosing the letters ``USDA'' and code identification letters of the grader performing the service,...


54.18 Custody of identification devices. (a) All identification devices used in marking products or the containers thereof under the regulations,...


54.19 What is appeal service; marking products on appeal; requirements for appeal; certain determinations not appealable. (a) Appeal service is...


54.20 Request for appeal service. Except as otherwise provided in Sec. 54.19, a request for appeal service with respect to any product under...


54.21 When request for appeal service may be withdrawn. A request for appeal service may be withdrawn by the applicant at any time before the appeal...


54.22 Denial or withdrawal of appeal service. A request for appeal service may be rejected or such service may be otherwise denied to or withdrawn from...


54.23 Who shall perform appeal service. Appeal service for products shall be performed by official graders designated by the Chief or by the official...


54.24 Appeal certificates. Immediately after appeal service has been performed for any products, a certificate designated as an ``appeal certificate''...


54.25 Superseded certificates. The appeal certificate shall supersede the original certificate which, thereupon, shall become null and void and shall...


54.26 Application of other regulations to appeal service. The regulations in Sec. Sec. 54.1 through 54.18 and Sec. Sec. 54.27 through 54.30 shall apply...


54.27 Fees and other charges for service. Fees and other charges equal as nearly as may be to the cost of the services rendered shall be assessed...


54.28 Payment of fees and other charges. Fees and other charges for service shall be paid in accordance with the following provisions unless...


54.29 Identification. All official graders and supervisors of grading shall have their Agricultural Marketing Service identification cards in...


54.30 Errors in service. When an official grader, supervisor of grading, or other responsible employee of the Branch has evidence of misgrading, or...


54.31 Uniforms. All meat graders and their supervisory personnel are required to wear clean, white, well-maintained outer frocks while performing...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1001...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1002...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1004...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1005...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1006...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1007...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1008...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1009...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1010...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1011...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1012...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1013...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1014...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1015...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1016...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1017...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1018...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1019...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1020...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1021...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1022...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1023...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1024...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1025...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1026...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1027...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1028...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1029...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1030...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1031...


of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1032...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1033...


Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products Sec. 54.1034...


Meaning of words. Definitions Under the regulations in this part words in the singular shall be deemed to import the plural...


55.2 Terms defined. For the purpose of the regulations in this part, unless the context otherwise requires, the following terms shall be construed, respectively: ...


Authority. The Administrator shall perform, for and under the supervision of the Secretary, such duties as the Secretary may require in the enforcement or...


Nondiscrimination. The conduct of all services and the licensing of graders and inspectors under these regulations shall be accomplished without discrimination as...


Kinds of services available. The regulations in this part provide for the following kinds of services: (a) Inspection of the processing of products containing eggs...


Where service is offered. Any product may be graded or inspected wherever a grader or inspector is available and the facilities and the conditions are satisfactory...


Basis of service. (a) Products shall be graded or inspected in accordance with such standards, methods, and instructions as may be issued or approved by...


55.25 OMB control numbers assigned pursuant to the Paperwork Reduction Act. (a) Purpose. This section collects and displays the control numbers assigned to...


Licensed graders and inspectors. (a) Any person who is a Federal or State employee, the employee of a local jurisdiction, or the employee of a cooperating agency...


Suspension of license; revocation. Pending final action by the Secretary, any person authorized to countersign a license to perform service may, whenever he deems...


Cancellation of license. Upon termination of his services as a grader or inspector, each licensee shall surrender his license immediately...


Surrender of license. Each license which is canceled, suspended, or revoked shall immediately be surrendered by the licensee to the office of the service in the...


Identification. All graders, inspectors, and supervisors shall have in their possession at all times while on duty and present upon request the means of...


Political activity. All graders and inspectors are forbidden during the period of their respective appointments or licenses, to take an active part in...


Authority and duties of inspectors performing service on a resident inspection basis. (a) Each inspector is authorized: (1) To make such observations and...


Facilities and equipment to be furnished for use of graders and inspectors in performing service on a resident inspection basis. (a) Facilities and equipment for...


55.96 Schedule of operation of official plants. Grading operating schedules for services performed pursuant to Sec. 55.560 shall be requested in writing and be approved by...


55.100 Who may obtain service. (a) An application for service may be made by any interested person, including, but not being limited to, the United States, any State,...


55.120 Authority of applicant. Proof of the authority of any person applying for any service may be required at the discretion of...


55.130 How application for service may be made; conditions of resident service. (a) On a fee basis. An application for any service may be made in any office of grading,...


55.140 Application for inspection in official plants; approval. Any person desiring to process products under inspection service must receive approval of such plant and...


55.150 When application may be rejected. Any application for service may be rejected by the Administrator (a) whenever the applicant fails to meet the requirements of...


55.160 When application may be withdrawn. An application for service may be withdrawn by the applicant at any time before the service is performed upon payment, by the...


55.170 Order of service. Service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to...


55.180 Suspension of plant approval. (a) Any plant approval pursuant to the regulations in this part may be suspended for (1) failure to maintain plant and equipment in...


55.200 Debarment. (a) The following acts or practices or the causing thereof may be deemed sufficient cause for the debarment by the Administrator, of any...


55.220 Other applicable regulations. Compliance with the regulations in this part shall not excuse failure to comply with any other Federal or any State or...


55.240 Report of violations. Each grader and inspector shall report, in the manner prescribed by the Administrator, all violations and noncompliance under the Act and...


55.260 Reuse of containers bearing official identification prohibited. The reuse, by any person, of containers bearing official identification is prohibited unless...


55.300 Approval of official identification. Labeling procedures, required information on labels, and method of label approval, shall be in accordance with and conform with...


55.310 Form of official identification symbol and inspection mark. (a) The shield set forth in Figure 1, containing the letters ``USDA,'' shall be the official...


55.320 Products that may bear the inspection mark. Products which are permitted to bear the inspection mark shall be processed in an official plant from edible shell eggs or...


55.330 Unauthorized use or disposition of approved labels. (a) Containers or labels which bear official identification approved for use pursuant to Sec. 55.300 shall be...


55.340 Supervision of marking and packaging. (a) Evidence of label approval. No grader or inspector shall authorize the use of official identification on any inspected...


55.350 Accessibility of product. Each product for which service is requested shall be so placed as to disclose fully its class, quality, quantity, and condition as...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR55.360] [Page 51] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 55_VOLUNTARY INSPECTION OF EGG PRODUCTS AND GRADING--Table of Contents Subpart A_Inspection and Grading of Egg Products Sec. 55.360 Certificates. Certificates (including appeal certificates) shall be issued on forms approved by the Administrator. ...


55.370 Certificate issuance. (a) Resident service. Certificates will be issued only upon a request therefor by the applicant or AMS. When requested, an inspector shall...


55.380 Disposition of certificates. The original and a copy of each certificate, issued pursuant to Sec. 55.370 and not to exceed two additional copies thereof...


55.390 Advance information. Upon request of an applicant, all or part of the contents of any certificate issued to such applicant may be telephoned or telegraphed to him,...


55.400 Who may request an appeal grading or inspection or review of a grader's or inspector's decision. An appeal grading or inspection may be requested by any...


55.410 Where to file an appeal. (a) Appeal of resident grader's or inspector's grading or decision in an official plant. Any interested party who is not satisfied with...


55.420 How to file an appeal. The request for an appeal grading or inspection or review of a grader's or inspector's decision may be made orally or in writing. If...


55.430 When an application for an appeal grading or inspection may be refused. When it appears to the official with whom an appeal request is filed that the reasons given...


55.440 Who shall perform the appeal. (a) An appeal grading or inspection or review of a decision requested under Sec. 55.410(a) shall be made by the...


55.450 Procedures for selecting appeal samples. (a) Prohibition on movement of product. Products shall not have been moved from the place where the grading or inspection...


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...


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...


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...


55.530 Travel expenses and other charges. Charges are to be made to cover the cost of travel and other expenses incurred by the Department in connection with rendering...


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...


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...


55.600 General. Except as otherwise approved by the Administrator, the sanitary, processing, and facility requirements, as applicable, shall be the same for the...


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...


Whole Eggs Sec. 55.800 Preparation of samples for palatability test. Reconstitute 33 grams of dried whole egg powder as completely...


Whole Eggs Sec. 55.820 Palatability scores for dried whole eggs. The palatability score of the prepared sample shall be determined by...


terms defined. Definitions For the purpose of the regulations in this part, words in the singular shall be deemed to import...


memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act...


(a) The Administrator shall perform, for and under the supervision of the Secretary, such duties as the Secretary may require in the enforcement or administration of the...


(a) Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or any combination thereof. Grading...


product. Each product for which grading service is requested shall be so conditioned and placed as to permit a proper determination of the class, quality,...


All grading service shall be subject to supervision at all times by the applicable State supervisor, regional director and national supervisor. Such service shall be rendered...


Compliance with the regulations in this part shall not excuse failure to comply with any other Federal, or any State, or municipal applicable laws...


pursuant to the Paperwork Reduction Act. (a) Purpose. This section collects and displays the control numbers assigned to information collection requirements by the...


(a) Except as otherwise provided in paragraph (c) of this section, any person who is a Federal or State employee, the employee of a local jurisdiction, or the employee of...


limited grading services. Any person who is employed by any official plant and possesses proper qualifications, as determined by the Administrator, may be...


Pending final action by the Secretary, any person authorized to countersign a license to perform grading service may, whenever he deems such action...


Upon termination of his services as a grader, each licensee shall surrender his license immediately for cancellation. [42 FR 2970, Jan. 14, 1977. Redesignated at...


Each license which is canceled, suspended, or has expired shall immediately be surrendered by the licensee to the office of grading serving the area in which he...


All graders are forbidden during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns....


All graders shall each have in possession at all times, and present upon request, while on duty, the means of identification furnished by the Department to...


for graders. Facilities and equipment to be furnished by the applicant for use of graders in performing service on a resident basis shall include (when...


official plants. Grading operating schedules for services performed pursuant to Sec. Sec. 56.52 and 56.54 shall be requested in writing and be approved by...


An application for grading service may be made by any interested person, including, but not being limited to, the United States, any State, county,...


may be made; conditions of service. (a) Noncontinuous grading service on a fee basis. An application for any noncontinuous grading service on a fee basis may be made...


An application for grading or sampling of a specified lot of any product shall be regarded as filed only when made pursuant to this part. [28 FR 6342, June 20,...


Each application for grading or sampling a specified lot of any product shall include such information as may be required by the Administrator in regard to the product...


rejected. An application for grading service may be rejected by the Administrator (a) whenever the applicant fails to meet the requirements of the regulations...


withdrawn. An application for grading service may be withdrawn by the applicant at any time before the service is performed upon payment, by the applicant, of...


Proof of the authority of any person applying for any grading service may be required at the discretion of the Administrator. [20 FR 671, Feb. 1, 1955....


Grading service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any application for...


Each grader, shall report in the manner prescribed by the Administrator, all violations and noncompliances [[Page 65]] under the Act and this part of...


(a) The following acts or practices or the causing thereof may be deemed sufficient cause for the debarment by the Administrator, of any person, including any agents,...


A grader may use retention tags or other devices and methods as approved by the Administrator for the identification and control of shell eggs which are not...


approval of official identification. (a) Authority to use official identification. Authority to officially identify product graded pursuant to this part is granted only...


information required. (a) Form of official identification symbol and grademark. (1) The shield set forth in Figure 1 of this section shall be the official...


product. Each carton identified with the grademarks shown in Sec. 56.36 shall be legibly lot numbered on either the carton or the consumer package. The...


required. The official identification of any graded product as provided in Sec. Sec. 56.35 to 56.41, inclusive, shall be done only under the supervision of a...


shell eggs identified with consumer grademarks. (a) Shell eggs to be identified with the grademarks illustrated in Sec. 56.36 must be individually graded by a grader...


product. Officially identified shell eggs packed or received in an official plant may be subject to final check grading prior to their shipment. Such...


charges. (a) Fees and charges for any grading service shall be paid by the interested party making the application for such grading service, in accordance with...


(a) Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on a fee basis shall be based on...


review of a grader's decision. The cost of an appeal grading or review of a grader's decision shall be borne by the appellant on a fee basis at rates set forth in Sec....


charges. Charges are to be made to cover the cost of travel and other expenses incurred by the service in connection with rendering grading service. Such charges...


on a resident basis. Fees to be charged and collected for any grading service, other than for an appeal grading, on a resident grading basis, shall be...


service performed under cooperative agreement. Fees or charges to be made to an applicant for grading service which differ from those listed in Sec. Sec....


performed on a nonresident basis. Fees to be charged and collected for grading service on a nonresident grading basis, shall be those provided in this section....


sampling report forms. Grading certificates and sampling report forms shall be issued on forms approved by the Administrator. [20 FR 673, Feb. 1, 1955....


(a) Resident grading basis. Certificates will be issued only upon request therefor by the applicant or the Service. When requested, a grader shall issue...


The original and a copy of each grading certificate, issued pursuant to Sec. 56.56, and not to exceed two additional copies thereof if requested by...


Upon request of an applicant, all or part of the contents of any grading certificate issued to such applicant may be telephoned or telegraphed to him,...


grading or review of a grader's decision. An appeal grading may be requested by any interested party who is dissatisfied with the determination by a grader of...


(a) Appeal from resident grader's grading or decision in an official plant. Any interested party who is not satisfied with the determination of the class,...


Any request for an appeal grading or review of a grader's decision may be made orally or in writing. If made orally, written confirmation may be required. The...


an appeal grading may be refused. When it appears to the official with whom an appeal request is filed that the reasons given in the request are frivolous or not...


appeal. (a) An appeal grading or review of a decision requested under Sec. 56.61(a) shall be made by the grader's immediate supervisor, or by a licensed grader assigned...


gradings. (a) When all of the originally graded and identified samples are available, the appeal sample shall consist of such [[Page 74]] samples plus...


Immediately after an appeal grading is completed, an appeal certificate shall be issued to show that the original grading was sustained or was not sustained....


operating requirements. The provisions of Sec. 56.76 shall be applicable to any grading service that is provided on a resident basis. [28 FR 6345, June...


operating requirements for shell egg grading and packing plants. (a) General requirements for buildings and plant facilities. (1) Buildings shall be of sound...


personnel. (a) No person known to be affected by a communicable or infectious disease shall be permitted to come in contact with the product. (b) Plant personnel...


57.1 Meaning of words. Definitions Under these regulations, words in the singular shall be deemed to mean the plural and...


57.5 Terms defined. For the purpose of these regulations, unless the context otherwise requires, the following terms shall be construed, respectively,...


57.10 Authority. The Administrator shall perform, for and under the supervision of the Secretary, such duties as the Secretary may require in the enforcement...


57.13 Federal and State cooperation. The Secretary shall, whenever he determines that it would effectuate the [[Page 82]] purposes of the...


57.17 Nondiscrimination. The conduct of all services and the licensing of graders and inspectors under these regulations shall be accomplished without...


57.18 OMB control number. The information collection requirements in this part have been approved by the Office of Management and Budget and assigned OMB...


57.20 Inspection in accordance with methods prescribed or approved. Inspection of eggs shall be rendered pursuant to these regulations and under such conditions and...


57.22 Basis of service. These regulations provide for inspection services pursuant to the Egg Products Inspection Act. Eggs and egg products shall be inspected...


57.28 Other inspections. (a) Periodic inspections shall be made of: (1) Business premises, facilities, inventories, operations, transport vehicles, and records...


57.35 Eggs outside official plants. (a) For eggs which have moved or are moving in interstate or foreign commerce, no State or local jurisdiction (1) may require the...


57.45 Prohibition on eggs and egg products not intended for use as human food. (a) No person shall buy, sell, or transport or offer to buy or sell, or offer or receive...


57.50 Temperature and labeling requirements. (a) No shell egg handler shall possess any shell eggs that are packed into containers destined for the ultimate consumer...


57.100 Specific exemptions. The following are exempt to the extent prescribed as to the provisions for control of restricted eggs in section 8(a)(1) and (2) of...


57.105 Suspension or termination of exemptions. (a) The Administrator may immediately suspend or terminate any exemption under Sec. 57.100(b) at any time with respect...


57.110 Licensed inspectors. (a) Any person who is a Federal or State employee, or the employee of a local jurisdiction possessing proper qualifications as...


57.112 Suspension of license or authority; revocation. Pending final action by the Secretary, any person authorized to countersign a license to perform inspection...


57.114 Surrender of license. Upon termination of his services as an inspector or whenever his license has been suspended or revoked, the licensee shall surrender...


57.116 Activities of inspectors. Inspectors at official plants shall confine their activities to those duties necessary in the rendering of inspection service and...


57.118 Identification. Inspectors shall have in their possession at all times while on duty, and present upon request, the means of identification furnished by...


57.119 Political activity. Inspectors are forbidden during the period of their respective appointments, or licenses, to take an active part in political management...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR57.120] [Page 85] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 57_INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)--Table of Contents Subpart A_Regulations Governing the Inspection of Eggs Sec. 57.120 Financial interest of inspectors. No inspector shall inspect any product in which he is financially interested. ...


57.132 Access to plants. Access shall not be refused to any representative of the Secretary to any plant, place of business, or transport vehicle subject...


57.134 Accessibility of product. (a) Each product for which inspection service is required shall be so placed as to disclose fully its class, quality, quantity,...


57.200 Records and related requirements. (a) Persons engaged in the business of transporting, shipping, or receiving any eggs in commerce, or holding such articles...


57.220 Information and assistance to be furnished to inspectors. When inspection service is performed at any plant, the plant operator shall furnish the inspector...


57.240 Detaining product. Whenever any eggs subject to the Act are found by any authorized representative of the Secretary upon any premises, and there is reason...


57.300 Who may request an appeal inspection or review of an inspector's decision. Any appeal inspection may be requested by any interested party who is...


57.310 Where to file an appeal. Any interested party who is not satisfied with the determination of the class, quantity, or condition of product which was inspected...


57.320 How to file an appeal. The request for an appeal inspection or review of an inspector's decision may be made orally or in writing. If made orally,...


57.330 When an application for an appeal grading or inspection may be refused. When it appears to the official with whom an appeal request is filed that the...


57.340 Who shall perform the appeal. The assignment of the inspector(s) who will make the appeal inspection under Sec. 57.310 shall be made by the Regional Director...


57.350 Procedures for selecting appeal samples. (a) Prohibition on movement of product. Products shall not have been moved from the place where the inspection...


57.360 Appeal inspection certificates. Immediately after an appeal inspection is completed, an appeal certificate shall be issued to show that the original inspection...


57.370 Cost of appeals. (a) There shall be no cost to the appellant when the appeal inspection discloses a material error was made in the original...


57.410 Shell eggs required to be labeled. All shell eggs packed into containers destined for the ultimate consumer shall be labeled to indicate that refrigeration...


57.426 Retention. Retention tags or other devices and methods as may be approved by the Administrator shall be used for the identification and control of...


57.504 General operating procedures. (a)-(b) [Reserved] (c) All loss and inedible eggs or egg products shall be placed in a container clearly...


57.690 Persons required to register. Shell egg handlers, except for producer-packers with an annual egg production from a flock of 3,000 hens or less, who grade and...


57.700 Prohibition on disposition of restricted eggs. (a) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation in...


57.720 Disposition of restricted eggs. (a) Eggs classified as checks, dirties, incubator rejects, inedibles, leakers, or loss shall be disposed of by one of...


57.760 Inspection of egg handlers. Duly authorized representatives of the Secretary shall make such periodic inspections of egg handlers, their transport vehicles,...


57.800 Identification of restricted eggs. The shipping container of restricted eggs shall be determined to be satisfactorily identified if such container bears...


57.801 Nest run or washed ungraded eggs. Nest run or washed ungraded eggs are exempt from the labeling provisions in Sec. 57.800. However, when such eggs are packed...


57.840 Identification of inedible, unwholesome, or adulterated egg products. All inedible, unwholesome, or adulterated egg products shall be identified with the...


57.860 Identification wording. The letters of the identification wording shall be legible and conspicuous. ...


57.900 Requirements for importation of restricted eggs into the United States. (a) Restricted eggs may be imported into the United States from any foreign country only...


57.915 Foreign inspection certification required. (a) [Reserved] (b) Except as otherwise provided in Sec. 57.960, each consignment of shell eggs shall...


57.920 Importer to make application for inspection of imported eggs. Each person importing any eggs shall make application for inspection upon PY Form 222-Import...


57.925 Inspection of imported eggs. (a) Except as provided in Sec. 57.960, eggs offered for importation from any foreign country shall be subject to inspection...


57.935 Means of conveyance and equipment used in handling eggs to be maintained in sanitary condition. Compartments of boats, railroad cars, and other means of...


57.945 Foreign eggs offered for importation; reporting of findings to customs; handling of products refused entry. (a) Inspectors shall report their findings to...


57.950 Labeling of containers of eggs for importation. (a) Immediate containers of product offered for importation shall bear a label, printed in English, showing: ...


57.955 Labeling of shipping containers of eggs for importation. (a) Shipping containers of foreign product which are shipped to the United States shall bear in...


57.960 Small importations for consignee's personal use, display, or laboratory analysis. Any eggs which are offered for importation, exclusively for the...


57.965 Returned U.S. inspected and marked products; not importations. Products which have been inspected by the United States Department of Agriculture and so marked,...


57.970 Charges for storage, cartage, and labor with respect to products imported contrary to the Act. All charges for storage, cartage, and labor with respect to...


Inspection Act Sec. 57.1000 Administrative proceedings. Source: 64 FR 40738, July 28, 1999, unless otherwise noted. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.1 Meaning of words. Source: 37...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.3 Authority. The Administrator...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.4 Basis of service. Inspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.5 Where service is offered. Subject...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.6 Supervision of service. All...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.7 Who may obtain service. An...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.8 How to make application. (a) On...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.9 Form of application. Each...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.10 Filing of application. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.11 Approval of application. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.12 When application may be rejected. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.13 When application may be withdrawn. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.14 Authority of applicant. Proof of...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.15 Accessibility and condition...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.16 Disposition of samples. Any...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.17 Order of service. Inspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.18 Inspection or grading certificates, memoranda,...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.19 Issuance of inspection or...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.20 Disposition of inspection or grading...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.21 Advance information. Upon request...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.22 When appeal inspection or grading may...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.23 How to obtain appeal inspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.24 Record of filing time. A...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.25 When an application for appeal inspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.26 When an application for an appeal inspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.27 Order in which appeal inspections or gradings...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.28 Who shall make appeal inspections...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.29 Appeal inspection or grading certificate...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.30 Application for reinspection...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.31 Reinspection or regrading certificate...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.32 Superseded certificates or reports. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.33 Who may be licensed. Any...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.34 Suspension or revocation of license. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.35 Surrender of license. Each...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.36 Identification. Each licensee...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.37 Financial interest of licensees. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.38 Payment of fees and charges. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.39 Fees for holiday or other nonworktime. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.40 Fees for appeal inspection or grading. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.41 Fees for additional copies...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.42 Travel expenses and other charges. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.43 Fees for inspection, grading,...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.45 Fees for continuous...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.46 Fees for service performed under...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.49 Authority to use...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.50 Approval and form of...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.51 Information required on...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.52 Time limit for packaging inspected or...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.53 Supervisor of packaging required. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.54 Packing and packaging room...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.55 Facilities for keeping quality...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.56 Incubation of product samples. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.57 Product not eligible for packaging with...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.58 Debarment of service. (a)...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.61 Political activity. All...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.62 Report of violations. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.63 Other applicable regulations. ...


Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products Sec. 58.64 OMB control numbers assigned pursuant to...


Specifications for Dairy Plants Approved for USDA Inspection and...


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States Department of Agriculture Standard for Ice Cream Sec. 58.2825 United States Standard for ice cream. Source: 42 FR 56717, Oct. 28, 1977, unless...


States Department of Agriculture Standard for Ice Cream Sec. 58.2826 General identification. Consumer packaged product shall comply with the applicable...


States Department of Agriculture Standard for Ice Cream Sec. 58.2827 Official identification. (a) The official symbol to be used to identify product meeting...


(a) Reporting by packers and importers. A packer or importer shall report all information required under this Part on an individual lot basis. ...


(a) In General. Each packer or importer required to report information to the Secretary under the Act and this Part shall maintain for 2 years and make available to the Secretary...


The following definitions apply to this part. Base price. The term ``base price'' means the price paid for livestock, delivered at the packing plant, before application of...


The following definitions apply to this subpart. Boxed beef. The term ``boxed beef'' means those carlot-based portions of a beef carcass including fresh...


for live cattle. (a) In General. The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary...


live cattle. (a) In General. The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary on...


boxed beef sales. (a) Daily reporting. The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at...


The following definitions apply to this subpart. Affiliate. The term ``affiliate'', with respect to a packer, means: (1) A person that directly or indirectly...


(a) Packer-owned swine. Information required under this section for packer-owned swine shall include quantity and carcass characteristics, but not price. ...


for swine. (a) Prior day report. The corporate officers or officially designated representatives of each packer shall report to the Secretary for each business day...


swine. (a) Weekly noncarcass merit premium report. Not later than 4:00 p.m. Central Time in accordance with Sec. 59.10(b) on the first reporting day of each...


The following definitions apply to this subpart. Boxed lamb. The term ``boxed lamb'' means those carlot-based portions of a lamb carcass including fresh...


lambs. (a) In general. The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least once...


for lambs. (a) In general. The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary the...


lamb carcasses and boxed lamb. (a) Daily reporting of lamb carcass transactions. The corporate officers or officially designated representatives of each packer...


pursuant to the Paperwork Reduction Act. The information collection and recordkeeping requirements of this part have been approved by the Office of Management...


Subpart A_Regulations Sec. 61.1 Words in singular form. Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624). ...


Subpart A_Regulations Sec. 61.2 Terms defined. As used throughout the regulations in this part, unless the context otherwise requires, the following terms...


Subpart A_Regulations Sec. 61.3 Director. The Director shall perform for and under the supervision of the Secretary and the Administrator, such duties as...


Subpart A_Regulations Sec. 61.4 Supervisor of cottonseed inspection. The Director, whenever he deems necessary, may designate an officer of the Division...


Subpart A_Regulations Sec. 61.5 Regulations to govern. The inspection, sampling, analyzing, and grading of cottonseed in the United States pursuant to the act...


Subpart A_Regulations Sec. 61.6 Denial of further services. Any person, partnership, or corporation that shall have undertaken to utilize the services of...


Subpart A_Regulations Sec. 61.7 Misrepresentation. Any willful misrepresentation or any deceptive or fradulent practice made or committed by an applicant for...


Subpart A_Regulations Sec. 61.8 Application for review. In case of dispute in which a review is desired of the grading of any official sample of cottonseed...


Subpart A_Regulations Sec. 61.9 Cost of review. In cases of review of the grade of any official sample of cottonseed, payment covering the costs of re-analysis...


Subpart A_Regulations Sec. 61.25 Application for license as sampler; form. (a) Applications for licenses to sample cottonseed shall be made to the Director on...


Subpart A_Regulations Sec. 61.27 Period of license; renewals. The period for which a license may be issued under the regulations in Sec. Sec. 61.25 through...


Subpart A_Regulations Sec. 61.30 Examination of sampler. Each applicant for a license as a sampler and each licensed sampler whenever requested by an...


Subpart A_Regulations Sec. 61.31 License must be posted. Each licensed sampler shall keep his license conspicuously posted at...


Subpart A_Regulations Sec. 61.32 No discrimination in sampling. Each licensed sampler, when requested, shall without discrimination, as soon as practicable and...


Subpart A_Regulations Sec. 61.33 Equipment of sampler; contents of certificate. Each licensed sampler shall have available suitable triers or sampling tools,...


Subpart A_Regulations Sec. 61.34 Drawing and preparation of sample. Each licensed cottonseed sampler shall draw, prepare, and identify one official sample...


Subpart A_Regulations Sec. 61.36 Cause for suspension or revocation. The failure or refusal of any cottonseed sampled, duly licensed as such under the...


Subpart A_Regulations Sec. 61.37 License may be suspended. The Director may, without a hearing, suspend or revoke the license issued to a licensed sampler...


Subpart A_Regulations Sec. 61.38 Suspended license to be returned to Division. In case a license issued to a sampler is suspended or revoked such license shall...


Subpart A_Regulations Sec. 61.39 Duplicate license. Upon satisfactory proof of the loss or destruction of a license issued to a sampler hereunder, a new license...


Subpart A_Regulations Sec. 61.40 Reports of licensed samplers. Each licensed sampler, when requested, shall make reports on forms furnished for the purpose by...


Subpart A_Regulations Sec. 61.41 Unlicensed persons must not represent themselves as licensed samplers. No person shall in any way represent himself to be a...


Subpart A_Regulations Sec. 61.42 Information on sampling to be kept confidential. Every person licensed under the act as a sampler of cottonseed shall...


Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States Sec. 61.101 Determination of grade. Authority: Secs....


Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States Sec. 61.102 Determination of quantity index. The...


Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States Sec. 61.103 Determination of quality index. ...


Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States Sec. 61.104 Sampling and certification of samples and...


70.1 Definitions. General Unless the context otherwise requires, the following terms shall have the...


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...


70.4 Grading services available. The regulations in this part provide for the following kinds of service; and any one or more of the different...


70.5 Nondiscrimination. The conduct of all services and the licensing of graders and inspectors under these regulations shall be accomplished without...


70.6 OMB control numbers assigned pursuant to the Paperwork Reduction Act. (a) Purpose. This section collects and displays the control numbers...


70.10 Grading service. Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or...


70.12 Supervision. All grading service shall be subject to supervision at all times by the responsible State supervisor, regional director, and...


70.13 Ready-to-cook poultry and rabbits and specified poultry food products; eligibility. Only ready-to-cook poultry and rabbits and specified poultry...


70.14 Squabs and domesticated game birds; eligibility. Squabs and domesticated game birds (including, but not being limited to, quail, pheasants, and...


70.15 Equipment and facilities to be furnished for use of graders in performing service on a resident basis. Such equipment and facilities shall include but...


70.16 Prerequisites to grading. Grading of products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance...


70.17 Accessibility of products. Each product for which grading service is requested shall be so placed as to disclose fully its class, quality, quantity,...


70.18 Schedule of operation of official plants. Grading operation schedules for services performed pursuant to Sec. Sec. 70.76 and 70.77 shall be requested...


70.20 Licensed or authorized graders. (a) Any person who is a Federal or State employee, the employee of a local jurisdiction, or the employee of a...


70.21 Suspension of license; revocation. Pending final action by the Secretary, any person authorized to countersign a license to perform grading service...


70.22 Surrender of license. Each license which is suspended or revoked shall immediately be surrendered by the licensee to the office of grading serving...


70.23 Identification. Each grader shall have in his possession at all times, and present upon request while on duty, the means of identification furnished...


70.24 Financial interest of graders. No grader shall render service on any product in which he is financially...


70.25 Political activity. All graders are forbidden, during the period of their respective appointments or licenses, to take an active part in...


70.30 Who may obtain grading service. An application for grading service may be made by any interested person, including, but not being limited to, the...


70.31 How application for service may be made; conditions of service. (a) Noncontinuous grading service on a fee basis. An application for any...


70.32 Filing of application. An application for grading service shall be regarded as filed only when made pursuant to the regulations in...


70.33 Authority of applicant. Proof of the authority of any person applying for grading service may be required at the discretion of...


70.34 Application for grading service in official plants; approval. Any person desiring to process and pack products in a plant under grading service...


70.35 Rejection of application. Any application for grading service may be rejected by the Administrator (a) whenever the applicant fails to meet...


70.36 Withdrawal of application. Any application for grading service may be withdrawn by the applicant at any time before the service is performed upon...


70.37 Order of service. Grading service shall be performed, insofar as practicable and subject to the availability of qualified graders, in the order in...


70.38 Suspension or withdrawal of plant approval for correctable cause. (a) Any plant approval given pursuant to the regulations in this part may...


70.40 Debarment. The acts or practices set forth in Sec. Sec. 70.41 through 70.46, or the causing thereof, may be deemed sufficient cause for the...


70.41 Misrepresentation, deceptive, or fraudulent acts or practices. Any willful misrepresentation or any deceptive or fraudulent act or practice found to...


70.42 Use of facsimile forms. Using or attempting to use a form which simulates in whole or in part any certificate, symbol, stamp, label, seal,...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR70.43] [Page 198] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 70_VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS--Table of Contents Subpart A_Grading of Poultry Products and Rabbit Products Sec. 70.43 Willful violation of the regulations. Any willful violation of the regulations in this part or the Act. ...


70.44 Interfering with a grader or employee of Service. Any interference with or obstruction or any attempted interference or obstruction of, or assault...


70.45 Misleading labeling. The use of the terms ``Government Graded'' and ``Federal-State Graded'' or terms of similar import in the labeling or advertising...


70.46 Miscellaneous. The existence of any of the conditions set forth in Sec. 70.35 constituting a basis for the rejection of an application for...


70.50 Approval of official identification and wording on labels. Any label or packaging material which bears any official grade identification shall be...


70.51 Form of grademark and information required. (a) Form of official identification symbol and grademark. (1) The shield set forth in Figure 1 of...


70.52 Prerequisites to packaging ready-to-cook poultry or rabbits identified with consumer grademarks. The official identification of any graded product...


70.54 Retention authorities. A grader may use retention tags or other devices and methods as approved by the Administrator for the identification and control...


70.55 Check grading officially identified product. Officially identified poultry or rabbit products may be subject to final check grading prior to...


70.60 Report of grading work. Reports of the work of grading carried on within official plants shall be forwarded to the Administrator by the grader in...


70.61 Information to be furnished to graders. The applicant for grading service shall furnish to the grader rendering such service such information as may...


70.62 Reports of violations. Each grader shall report, in the manner prescribed by the Administrator, all violations of and noncompliance with the Act and...


70.70 Payment of fees and charges. (a) Fees and charges for any grading service shall be paid by the interested party making the application for such service...


70.71 On a fee basis. (a) Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this...


70.72 Fees for appeal grading, or examination or review of a grader's decision. The costs of an appeal grading, or examination or review of a...


70.75 Travel expenses and other charges. Charges are to be made to cover the cost of travel and other expenses incurred by the Service in connection...


70.76 Charges for continuous poultry grading performed on a nonresident basis. Fees to be charged and collected for grading service on a...


70.77 Charges for continuous poultry or rabbit grading performed on a resident basis. Fees to be charged and collected for any grading service, other...


70.78 Fees or charges for grading service performed under cooperative agreement. Fees or charges to be made to an applicant for any grading service...


70.80 General. Whenever grading service is provided for examination of quality, condition, or for test weighing on a representative sample basis,...


70.81 Ready-to-cook poultry and rabbits and specified poultry food products. (a) Ready-to-cook poultry or rabbit carcasses or parts or...


70.90 Forms. Grading certificates (including appeal grading certificates and regrading certificates) shall be issued on forms approved by...


70.91 Issuance and disposition. (a) Resident grading basis. Certificates will be issued only upon a request therefor by the applicant or the Service....


70.92 Advance information. Upon the request of an applicant, all or part of the contents of any grading certificate issued to such applicant may be...


70.100 Who may request an appeal grading or review of a grader's decision. An appeal grading may be requested by any interested party who is...


70.101 Where to file an appeal. (a) Appeal from resident grader's grading or decision in an official plant. Any interested party who is not satisfied with...


Sec. 70.102 How to file an appeal. Any request for an appeal grading or review of a grader's decision may be made orally or in writing. If made orally,...


70.103 When an application for an appeal grading may be refused. When it appears to the official with whom an appeal request is filed that the reasons given...


70.104 Who shall perform the appeal. (a) An appeal grading or review of a decision requested under Sec. 70.101(a) shall be made by the grader's...


70.105 Procedures for appeal gradings. (a) When all of the originally graded and identified samples are available, the appeal sample shall consist of...


70.106 Appeal grading certificates. Immediately after an appeal grading is completed, an appeal certificate shall be issued to show that the original...


Sec. 70.110 Requirements for sanitation, facilities, and operating procedures in official plants. (a) The requirements for sanitation, facilities, and...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR75.1] [Page 208] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents Sec. 75.1 Meaning of words. Words used in the regulations in this part in the singular form shall be deemed to import the plural and vice versa, as the case may demand. ...


For the purpose of these regulations unless the context otherwise requires, the following terms shall be construed, respectively, as follows: (a) Act means...


The Director is charged with the administration of the provisions of the regulations and the Act insofar as they relate to the subject matter of the regulations, under...


Pursuant to the Act, the Administrator is authorized to cooperate with the appropriate State agencies in carrying out provisions of the Act and these...


certain purposes. The regulations do not apply to the inspection of grain in the United States under the U.S. Grain Standards Act, as amended (7 U.S.C. 71...


The conduct of all services under these regulations shall be accomplished without discrimination as to race, color, religion, sex, or national origin. ...


methods prescribed or approved. Inspection of seed shall be rendered pursuant to these regulations and under such conditions and in accordance with the methods...


The regulations provide for inspection services pursuant to the Act. Seeds shall be inspected in accordance with the methods of either the Association of Official...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR75.9] [Page 210] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents Sec. 75.9 Who may obtain service. An application for inspection service may be made by any interested party or his authorized agent. ...


An application for service shall be confirmed in writing and addressed to the Federal Seed Laboratory, WSD, AMS, USDA, Beltsville,...


An application for service shall include the following information; (a) The date of application; (b) the kind and quantity of seed, and test(s) to be performed;...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR75.12] [Page 210] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents Sec. 75.12 When application deemed filed. An application shall be deemed filed when received by the Division or the Federal Seed Laboratory. ...


be rejected. Any application for service may be rejected by the Director (a) for noncompliance with the Act or the regulations relating to applications for service...


be withdrawn. An application may be withdrawn at any time before the requested service is rendered. The applicant will remain responsible for payment of expenses...


Proof of authority of any person making an application as an agent may be required in the discretion of the official receiving...


Each lot of seed for which a lot inspection is requested shall be placed by the applicant so as to permit the entire lot to be sampled and a representative sample...


Upon request by the applicant, tests may be made for kind, variety, germination, purity, weed seeds, disease pathogens, treatment, moisture, and other special tests, or...


Sampling, when requested by the applicant, shall be in accordance with the methods of either the Association of Official Seed Analysts (AOSA) or the International Seed...


A lot inspection shall be made by obtaining a representative sample from a specified quantity of seed identified with a distinguishing mark or number to appear on...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR75.20] [Page 210] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents Sec. 75.20 Submitted sample inspection. A sample inspection shall be made by testing a sample of seed submitted by an applicant for inspection. ...


A sample inspection shall be performed by examining official grain samples received from FGIS to identify [[Page 211]] specified weed and crop...


Inspection certificates shall be approved by the Director as to their form. No correction, erasure, or other change shall be made in the information on...


After an inspection has been completed, an inspection certificate shall be issued showing the results of the inspection in accordance with paragraph (a)...


certificate. Upon issuance, the original and one copy of each inspection certificate shall be delivered or mailed to the applicant or otherwise delivered or...


(a) If any error is made in an inspection, a corrected inspection certificate may be issued. (b) The original and copies of the corrected...


be requested. A request for an appeal inspection may be made by any interested party regarding the results of an inspection as stated on an inspection...


Any request for an appeal inspection may be made orally or in writing to the Federal Seed Laboratory. If made orally, written confirmation is required. The...


an appeal inspection may be withdrawn A request for an appeal inspection may be withdrawn by the applicant at any time before the appeal inspection is performed: Provided,...


be refused. A request for an appeal inspection may be refused if: (a) The reasons for an appeal inspection are frivolous or not substantial; (b) The quality...


inspection. An appeal inspection shall be performed by an inspector (other than the one from whose inspection the appeal is requested) authorized for this purpose...


After an appeal inspection has been completed, an appeal inspection certificate shall be issued showing the results of such appeal inspection; and...


inspector. Any person nominated by a cooperating State and who is found to have the necessary qualifications may be licensed by the Director as an inspector to...


revocation of license of inspector. Pending final action by the Administrator, the Director may suspend, whenever it is deemed that such action is necessary to assure that...


Upon termination of service as an inspector or suspension or revocation of such license, such licensee shall surrender the license immediately to the Federal...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR75.35] [Page 213] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 75_REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS--Table of Contents Sec. 75.35 Obtaining samples for lot inspections. Samples of seed for lot inspections may be obtained by licensed inspectors or authorized employees of the Department. ...


No lot inspection sample shall be deemed representative of a lot of seed unless the sample (a) has been obtained by a licensed inspector or an authorized employee...


Submitted samples may be obtained by or for any interested person. (Instructions for sampling seed may be obtained upon request to the Director or the Federal...


Each lot inspection shall be made on the basis of a representative sample obtained from that lot of seed by a licensed inspector or an authorized employee of the...


(a) File samples which are retained by inspection personnel in accordance with the regulations may be deemed representative for appeal inspections: Provided, that (1)...


Inspection personnel shall protect each sample from manipulation, substitution, and improper or careless handling which would deprive the sample of its...


Fees and charges for inspection services performed by Federal employees shall cover the cost of performing the service. Fees shall be for actual time required to render the...


(a) Fees for inspection services provided by licensed inspectors may be charged by States participating in the program at rates established by the...


Fees for testing each sample shall include the time required for actual testing, preparation of test records, issuing the certificate, and filing of samples and...


or withdrawn. When an application for inspection is rejected in accordance with Sec. 75.13 or withdrawn in accordance with Sec. 75.14, the applicant will...


A charge of 1 hour shall be made for each appeal filed under Sec. 75.26, and the fee for an appeal inspection shall equal the fee for the original inspection from...


withdrawn. When an appeal is refused in accordance with Sec. 75.29 or withdrawn in accordance with Sec. 75.28, the applicant will be required to pay for the time...


A charge of $13.00 per certificate will be made for copies of certificates other than those required to be distributed in Sec. 75.23 and for the issuance of a...


The Director may require the use of official identification numbers in connection with seed certificated or sampled under the Act. When identification numbers...


The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 is...


payments. Payment be received or retained with respect to diversions of 2001 Fresh Russet potatoes as allowed by the Administrator of the...


disputes. Administration of this part shall be under the supervision of the Deputy Administrator, Fruit and Vegetable Programs, AMS, and implemented for...


Act of August 24, 1935, as amended (7 U.S.C. 612c) (Section 32), the Secretary of Agriculture will make payment to California producers who divert prune/plums by removing...


supervision of the Deputy Administrator, Fruit and Vegetable Programs, Agricultural Marketing Service (AMS), United States Department of Agriculture (USDA), and will...


(b) AMS means the Agricultural Marketing Service of the U.S. Department of Agriculture. (c) Application means ``Application for Prune Tree Removal Program.'' ...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR81.4] [Page 216] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 81_PRUNE/DRIED PLUM DIVERSION PROGRAM--Table of Contents Sec. 81.4 Length of program. Producers diverting prune/plums by removing prune-plum trees must complete the diversion no later than June 30, 2002. ...


be removed must have yielded at least 1.5 tons of dried prune/plums per net-planted acre during the 1999 or 2000 crop year. A net-planted acre is the actual acreage planted...


prune-plum tree removed will be $8.50 per tree. (b) Payment under paragraph (a) of this section will be made after tree removal has been verified by the staff of...


not exceed $17,000,000, less administration costs, payments will be made under this program to any eligible producer of prune/plums who complies [[Page 217]] with...


reviewed for program compliance and approved or disapproved by Committee office personnel. (b) Applications for participation in the Prune-Plum Diversion Program can be...


trees is complete, the producer(s) will notify the Committee on a form provided by the Committee. The Committee will certify that the trees approved for removal from...


producer must submit to the Committee by June 30, 2002, a completed form provided by the Committee. Such form shall include the Committee's certification that the qualifying...


of the Committee, determines that any provision of this part have not been complied with by the producer, the producer will not be entitled to diversion payments in...


USDA or the Committee, at any reasonable time, to have access to their premises to inspect and examine the orchard block where trees were removed and records...


keep accurate records and accounts showing the details relative to the prune/plum tree removal, including the contract entered into with the firm or person removing...


due any person under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien against the crop...


to this part may make a request for reconsideration or appeal of such determination. The Deputy Administrator of Fruit and Vegetable Programs shall establish the...


failure to comply with any term, requirement, or condition for payment arising under the application of this part, and if any refund of a payment to AMS shall otherwise become due...


or dissolution of a prune/plum producer that is eligible to receive benefits in accordance with this part, such person or persons who would, under 7 CFR part...


forth the functions and responsibilities of the Science and Technology (S&T) of the Agricultural Marketing Service (AMS) relating to: (a) The performance of...


Words used in the regulations in this subchapter in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in...


Laboratory service programs of laboratories certified and approved by the Science and Technology shall have good laboratory practice (GLP) requirements that are generalized in...


programs of laboratories certified and approved by the Science and Technology shall have quality assurance requirements that are generalized in this subpart. [58...


(a) Each laboratory performing tests and analysis under this subchapter will be subject to a quality assurance program evaluation at least annually, and more often if...


Quality control records pertaining, but not limited to the following areas, shall be retained by the laboratory for at least the 3 most recent years: (a)...


This part consolidates the procedural and administrative rules of the Science and Technology of the Agricultural Marketing Service for conducting the analytical testing and...


Words used in the regulations in this part in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this part,...


The Deputy Administrator is charged with the administration of this subchapter. [58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64309, Oct....


(a) Analytical tests. Analytical laboratory testing services under the regulations in this subchapter consist of microbiological, chemical, and certain other...


(a) Analytical tests. Analytical laboratory testing services under the regulations in this subchapter consist of microbiological, chemical, and certain other...


(a) Services are offered to applicants at the Science and Technology laboratories and facilities in the following list: (1) Science and Technology...


(a) Services are offered to applicants at the Science and Technology laboratories and facilities in the following list: (1) Science and Technology...


(a) Services may be furnished whenever a Science and Technology staff is available and the facilities and conditions are satisfactory for the conduct of such...


All services under these regulations are provided to applicants without discrimination as to race, color, handicapped or disabled condition, religion, sex, age,...


An application for service may be made by any individual or interested party including, but not limited to, the United States and any instrumentality or agency thereof,...


(a) Voluntary. An application for analysis and testing may be made by contacting the director or supervisor of the Science and Technology laboratory where...


connection with an application. (a) An application for laboratory service shall be made in the English language and may be made orally (in person or by telephone),...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR91.11] [Page 227] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 91_SERVICES AND GENERAL INFORMATION--Table of Contents Subpart C_Application for Services Sec. 91.11 Filing of an application. An application for a laboratory service shall be regarded as filed only when made in accordance with the regulations in this part. ...


and laboratory tests. A record showing the date of receipt for each application for a laboratory service or an appeal of a laboratory service shall be maintained....


be rejected. (a) An application for a laboratory service may be rejected by the Administrator when deemed appropriate as follows: (1) For non-compliance by...


be withdrawn. An application for a laboratory service may be withdrawn by the applicant at any time before the analytical testing is performed; Provided, That,...


Analytical testing and laboratory determination for analyte or quality constituent shall be based upon the appropriate standards promulgated by the...


Laboratory service shall be performed, insofar as possible, in the order in which applications are made except that precedence may be given to any...


If the scientist determines that it is not possible to accurately analyze or make a laboratory determination of a sample immediately after receipt...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR91.18] [Page 228] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 91_SERVICES AND GENERAL INFORMATION--Table of Contents Subpart D_Laboratory Service Sec. 91.18 Financial interest of a scientist. No scientist shall perform a laboratory analysis on any product in which he is directly or indirectly financially interested. ...


samples. (a) Samples must be representative of the product tested and provided in sufficient quantity for the analyses requested. (b) Each sample must...


(a) Samples must be submitted to the laboratory in a condition (including [[Page 229]] temperature) that does not compromise the quality and validity of...


Laboratory personnel shall protect each sample from manipulation, substitution, and improper or careless handling which would deprive the sample of its representative...


(a) Excess samples not used in analyses will be placed in proper storage for a maximum period of 30 days after reporting results of tests. (b) Any sample of...


Most analyses are performed according to approved procedures described in manuals of standardized methodology. These standard methods are the specific methods...


(a) Results of analyses are provided, in writing, by facsimile, by e-mail or other electronic means to the applicant. (b) Applicants may call the appropriate...


Certificates of analysis and other memoranda concerning laboratory service and the reporting of results should have the following requirements: (a) Certificates...


(a) The person signing and issuing the certificate of analysis shall be one of the following: (1) The scientist who performed the analysis; (2)...


to issuance. (a) The accuracy of the statements and information shown on certificates of analysis must be verified by the individual whose name or signature,...


or amendments for analysis reports. (a) A corrected certificate of analysis or an amended letter report may be issued by the laboratory representative who...


or reissuance of an analysis report. (a) Upon request by an applicant, a duplicate certificate or an additional report may be issued for a lost, destroyed,...


copies of certificates or analysis reports. (a) At least one copy of each certificate or analysis report shall be filed in the laboratory for a period of not less than...


a laboratory service may be requested. (a) An application for an appeal of a laboratory service may be made by any interested party who is dissatisfied with the...


for an appeal of a laboratory service and information required. (a) Application for an appeal of a laboratory service may be filed with the supervisor in the office...


an appeal of a laboratory service may be withdrawn. An application for an appeal of a laboratory service may be withdrawn by the applicant at any time before...


a laboratory service may be refused. An application for an appeal of a laboratory service may be refused if: (a) The reasons for the appealed laboratory service...


appealed laboratory service. An appealed laboratory service shall be performed, whenever possible, by another individual or other individuals than the scientist(s)...


(a) An appeal laboratory certificate shall be issued showing the results of such appealed analysis. This certificate shall supersede the...


rate for laboratory testing, analysis, and other services. (a) The standard hourly fee rate in this section for the individual laboratory analyses cover the costs...


of analysis. (a) The appellant will be charged an additional fee at a rate of 1.5 times the standard rate stated in Sec. 91.37 (a) if, as a result of an...


for overtime and legal holiday service. (a) Laboratory analyses initiated at the special request of the applicant to be rendered on Saturdays, Sundays, Federal holidays, and...


facsimile of the analysis report. (a) The Science and Technology laboratories have a courier charge per trip to retrieve the sample package. The courier service charge...


courses of instruction. Charges, not in excess of the cost thereof and as approved by the Deputy Administrator, may be made for demonstrations, samples, or...


(a) Each billing cycle will end on the 25th of the month. The applicant will be billed by the National Finance Center using the Billings and Collections System (BLCO) on the 1st...


(a) Fees and charges for services shall be paid by the applicant, by check or money order payable, to the ``Agricultural Marketing Service, USDA'' and sent to...


and issuance of delinquency notices. (a) Accounts are considered overdue if payment is late with the National Finance Center (NFC). The timeliness of a payment will...


on a contract basis. (a) Irrespective of hourly fee rates and charges prescribed in Sec. 91.37, or in other sections of this subchapter E, the...


Commodities Officially Tested By AMS Sec. 91.100 Scope. Effective Date Note: At 68 FR 69947, Dec. 16, 2003, Sec. Sec. 91.100--91.102 (Subpart J) was added...


Officially Tested By AMS Sec. 91.101 Definitions. Words used in the regulations in this part in the singular form will import the plural, and vice versa,...


Officially Tested By AMS Sec. 91.102 Form of official identification symbols. Two information symbols in the form of AMS shields indicate commodity...


pesticide residue levels. Domestic grown tobacco may also be analyzed for pesticide residues at the Science and Technology's Eastern Laboratory facility. [58...


plural, and vice versa, as the case may demand. As used throughout the regulations in this part, unless the context requires otherwise, the following terms will be construed...


Type 92 flue-cured tobacco samples and imported Type 93 burley tobacco samples for maximum pesticide residue level determinations is performed at the AMS Science...


Analysis'' certificate, is enclosed with and identifies the sample submitted to the laboratory. (b) Test results of the pesticide analyses for tobacco shall...


shall follow precisely the USDA developed analytical test methods and all successive official method updates, as approved by the AMS Deputy Administrator, Science...


tobacco is set by the AMS Tobacco Programs, in conjunction with the AMS Science and Technology program, and appears at 7 CFR 29.500 as part of Tobacco Programs' fees for...


Domestic and imported citrus products are tested to determine whether quality and grade standards are satisfied as set forth in the Florida...


Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations...


and location of laboratory. (a) Laboratory analyses of citrus juice and other citrus products are being performed at the following Science and Technology...


(a) The majority of analytical methods for citrus products are found in the Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC...


citrus product analyses set by cooperative agreement. The fees for the analyses of fresh citrus juices and other citrus products shall be set by mutual agreement between...


Chemical analyses are performed to detect the presence of aflatoxin in lots of shelled peanuts and peanut products, as well as in other nuts and agricultural...


Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations...


and locations of laboratories. (a) Aflatoxin testing services. The aflatoxin analyses for peanuts, peanut products, dried fruits, grains, edible seeds, tree...


Official analyses for peanuts, nuts, corn, oilseeds, and related vegetable oils are found in the following manuals: (a) Approved Methods of the...


analysis and fees for testing of other mycotoxins. (a) The fee charged for any laboratory analysis for aflatoxins and other mycotoxins shall be obtained from...


testing of oilseeds. The fee charged for any laboratory analysis for oilseeds shall be obtained from the Laboratory Director for aflatoxin laboratories at...


Microbiological, chemical, and physical analysis of liquid, frozen, and dried egg products is performed under authority of the Egg Products Inspection Act (21...


Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in...


of laboratories. (a) Samples drawn by a USDA egg products inspector will be analyzed by AMS Science and Technology (S&T) personnel for microbiological,...


The majority of analytical methods used by the USDA laboratories to perform mandatory analyses for egg products are listed as follows: (a) Compendium Methods for...


The costs for analysis of mandatory egg product samples at Science and Technology Division laboratories shall be paid by annually appropriated and designated...


Analyses for voluntary egg product samples may be requested to certify that specifications regarding stated identity, quality, and wholesomeness are met; to test routinely...


Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this...


A wide array of analyses for voluntary egg product samples is available. Voluntary egg product samples include surveillance, certification, and unofficial samples....


The analytical methods used by the Science and Technology Division laboratories to perform voluntary analyses for egg products shall be the same as listed in Sec....


(a) The fee charged for any single laboratory analysis of voluntary egg product samples shall be obtained from the schedules of charges in paragraph (a) of Sec. 91.37...


Laboratory services of processed poultry products are conducted to derive their analytical attributes used to determine the compliance of the product with...


Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this...


of laboratories. (a) The Science and Technology Division laboratories will analyze processed poultry products for moisture, fat, salt, protein, nitrites, and...


The analytical methods used by the USDA laboratories to perform analyses for processed poultry products are found in the latest edition of the Official Methods of Analysis...


(a) The fee charged for any single laboratory analysis of processed poultry products shall be obtained from the schedules of charges in paragraph (a) of Sec. 91.37 of...


for new, distinct, uniform, and stable varieties of sexually reproduced or tubor propagated plants. Each certificate of plant variety protection certifies that...


form will import the plural, and vice versa, as the case may demand. The definitions of terms contained in the Act shall apply to such terms when used in this part. As...


of 14 members appointed for a 2-year term. The Board shall be appointed every 2 years and shall consist of individuals who are experts in various areas of...


as follows: (1) Nationals and residents of the United States shall be eligible to receive all of the protection under the Act. (2) Nationals and residents of Member...


shall be signed by, or on behalf, of the applicant. (b) The application shall state the full name, including the full first name and the middle initial or...


furnish representative specimens of the variety, or its flower, fruit, or seeds, in a quantity and at a specified stage of growth, as may be necessary to verify the...


shall disclose the distinctive characteristics of the variety. (b) Drawings or photographs shall be in color when color is a distinguishing characteristic of...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.10] [Page 262] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.10 Parts of an application to be filed together. All parts of an application, including exhibits, should be submitted to the Office together, otherwise, each part shall be accurately and clearly referenced to the application. ...


when initially submitted, shall be accepted and filed to await examination. (b) If any part of an application is so incomplete, or so defective that it cannot...


dated in sequence in the order received in the Office. Applicants will be informed in writing as soon as practicable of the number and effective filing date of...


the owner or if the owner is legally incapacitated, the legal representative (executor, administrator, or guardian) or heir or assignee of the deceased owner may sign as...


signing as joint applicants. (b) If an application for certificate is made by two or more persons as joint owners, when they were not in fact joint owners, the...


a variety is assigned, the application shall be made by the owner or one of the persons identified in Sec. 97.13. However, the certificate may be issued to the assignee,...


first examination and action by the Office, after the second or subsequent examination or reconsideration as specified in Sec. 97.107, or when and as specifically required by...


completed application shall be retained by the Office except as provided in Sec. 97.23(c). After issuance of a certificate of protection the Office will furnish copies of...


in confidence. Except as provided below, no information may be given by the Office respecting the filing of an application, the pendency of any particular application, or...


be published in the Official Journal periodically as determined by the Commissioner to be necessary in the public interest. With respect to each application,...


provided in Sec. 97.104, if an applicant fails to advance actively his or her application within 30 days after the date when the last request for action was mailed to...


by the Office for certain action, shall be extended by the Commissioner only for good and sufficient cause, and for a specified reasonable time. A request for extension...


for failure on the part of the applicant to advance actively his or her application to its completion, in accordance with the regulations in this part, may be revived as...


be voluntarily withdrawn or abandoned by submitting to the Office a written request for withdrawal or abandonment, signed by the applicant or his or her attorney or agent...


entitled to advance actively or abandon the application to the exclusion of the applicant. Examinations, Allowances,...


applications shall include a review of all available documents, publications, or other material relating to varieties of the species involved in the application, except that...


entitled to a certificate, a notice of allowance shall be sent to the applicant or his or her attorney or agent of record, if any, calling for the payment of the...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.102] [Page 265] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.102 Amendments after allowance. Amendments to the application, after the notice of allowance is issued, may be made, if the certificate has not been issued. ...


the prescribed fee is received by the Office, and the applicant has clearly specified whether or not the variety shall be sold by variety name only as a class of...


(c) of this section, if the fee specified in the notice of allowance is not paid within 1 month from the date of the notice, the application shall be considered abandoned. ...


be not new, distinct, uniform, and stable, the application shall be denied. (b) In denying an application, the examiner shall cite the reasons the application was denied....


by the examiner, the applicant may respond to the denial and may request a reconsideration, with or without amendment of his or her application. Any amendment shall be...


is denied by the Commissioner, the applicant shall be notified by the Commissioner of the reason or reasons for denial in the same manner as after the first...


to the application may be made to overcome the reason or reasons for denial. The acceptance or refusal of any such amendment by the Office and any...


of a mistake in the Office, the Commissioner may issue a corrected certificate stating the fact and nature of such mistake, under seal, without charge, to be issued to...


of a mistake by the applicant of a clerical or typographical nature, or of minor character, or in the description of the variety (including, but not limited to, the...


issued to sell the protected variety by variety name only as a class of certified seed, a new certificate may be issued upon return of the original certificate to the Office...


or of a certificate of plant variety protection, or of any interest in a variety, or any license or grant and conveyance of any right to use of the variety, may...


absolute assignments for Office purposes until canceled in writing by both parties to the assignment or by a decree of a court of competent jurisdiction. The Office shall...


to original or amended certificates shall be open to public inspection and copies of any recorded document may be obtained upon payment of the prescribed fee. ...


payment of the prescribed fee, the owner, or his or her designee, may label the variety or containers of the seed of the variety or plants produced from such seed,...


his or her designee, may label the variety or containers of the seed of the variety or plants produced from such seed substantially as follows: ``Unauthorized...


releases for testing or increase, seed of the variety or reproducible plant material of the variety, may label such plant material or containers of the seed or plant...


seed of the variety is to be sold by variety name only as a class of certified seed, the owner, or his or her designee, may label containers of seed of the...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.144] [Page 268] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.144 Additional marking or labeling. Additional clarifying information that is not false or misleading may be used by the owner, in addition to the above markings or labeling. Attorneys and Agents ...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.150] [Page 268] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.150 Right to be represented. An applicant may actively advance an application or may be represented by an attorney or agent authorized in writing. [[Page 269]] ...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.151] [Page 269] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.151 Authorization. Only attorneys or agents specified by the applicant shall be allowed to inspect papers or take action of any kind, on behalf of the applicant, in any pending application or proceedings. ...


agent may be revoked by an applicant at any time, and an attorney or agent may withdraw, upon application to the Commissioner. When the authorization is so revoked, or...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.153] [Page 269] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.153 Persons recognized. Unless specifically authorized as provided in Sec. 97.151, no person shall be permitted to file or advance applications before the Office on behalf of another person. ...


disqualified by statute (18 U.S.C. 203 and 205) from practicing as attorneys or agents in proceedings or other matters before government departments or agencies, shall not...


applicant or party to a proceeding in the Office shall bear the signature of such attorney or agent, except documents which are required to be signed by the applicant...


Office shall notify the Office in writing of any change of address. The Office shall address letters to any person at the last...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.157] [Page 269] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.157 Professional conduct. Attorneys and agents appearing before the Office shall conform to the standards of ethical and professional conduct, generally applicable to attorneys appearing before the courts of the United States. ...


similar material to solicit plant variety protection business, directly or indirectly, is forbidden as unprofessional conduct, and any person engaging in such solicitation,...


actions specified in this section: (a) Filing the application and notifying the public of filing-- $432.00. (b) Search or examination--$3,220.00. ...


making application or at the time of submitting a request for any action by the Office for which a fee or charge is payable and established in...


of the United States. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the prescribed fee....


a mere change of plans after the payment of money, as when a party decides to withdraw an application or to withdraw an appeal, shall not entitle a party to a refund. However,...


or of any records, books, papers, drawings, or photographs in the custody of the Office and which are open to the public, will be furnished to persons...


public and in the custody of the Office, may be examined in the Office during regular business hours upon approval by the Commissioner. ...


to the granting of a certificate shall be permitted while an application is pending and for a period not to exceed 5 years following the issuance of...


writing a petition for protest proceedings, which petition shall be supported by affidavits and shall show the reason or reasons for opposing the application or certificate....


on his or her own motion, or upon the request of any person who has applied for protection on the same variety, for which an adverse certificate has been issued, for...


will be handled by the Office, an examiner must determine that the same novel variety is involved in separate applications filed by two or more parties and...


(a) When a priority question is found to exist, the examiner shall forward the pertinent files to the Commissioner, together with a written statement showing the reason for...


have developed their varieties in the chronological order of the filing dates of their applications for certificates involved in the priority contest, and the burden of proof...


(a) Each party to the priority contest is required to file on or before a date fixed by the Office, a concise preliminary statement giving the facts and dates relating to...


When the novel variety was developed in a foreign country, the preliminary statement must show (a) the information specified in Sec. 97.209 (c) through (e) and (b) whether, and...


in a sealed envelope bearing the name of the party filing it and the number and title of the priority contest as shown on the notice issued by the Office. The envelope...


inadvertence or mistake, a preliminary statement may be corrected upon a satisfactory showing to the Commissioner that the correction is of material significance....


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.213] [Page 273] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.213 Failure to file statements. If any party to a priority contest fails to file a preliminary statement, he or she shall be restricted to his or her earliest effective filing date. ...


to the inspection of any party after the date set for the filing of preliminary statements (Sec. 97.207(b)), but shall not be open to inspection prior to...


information is submitted or found which, in the opinion of the Commissioner, may render the variety ineligible for a certificate, the priority contest may be suspended by...


a priority contest may, at any time, file a written concession of priority, or abandonment of the certificate, signed by him or her. Upon the filing of such an instrument...


and any special matter contained in a printed publication, pertinent to the issue involved in the contest, may be introduced as evidence in a priority contest by any party...


Commissioner will consider only priority of development based on the evidence submitted. Questions of novelty generally will not be considered in the decision on priority....


concurrently with a decision on the question of priority, but independently of such decision, direct the attention of the examiner to any matter not relating to priority...


the basis of preliminary statements, or proposed findings of fact, conclusions and notice of priority shall be issued by the Commissioner to the interested parties,...


been issued by the Commissioner in a priority proceeding, and the time limit for an appeal from such decision has expired, the claim or claims constituting the issue of...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR97.222] [Page 274] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 97_PLANT VARIETY AND PROTECTION--Table of Contents Sec. 97.222 Second priority contest. A second priority contest between the same parties shall not be entertained by the Commissioner for the same novel variety. Appeal to the Secretary ...


any final action of the Commissioner denying an application or refusing to allow a certificate to be issued, or from any adverse decision of the Commissioner made under Sec....


be directed by the Secretary, furnish a written statement to the Secretary in answer to the appellant's petition, including such explanation of the reasons for the action as...


the Board, may affirm or reverse the decision of the Commissioner, in whole or in part. (b) Should the decision of the Secretary include an explicit statement that...


shall be served upon the appellant and the Commissioner in the manner provided in Sec. 97.403. (b) When an appeal petition is dismissed, or when the time for appeal...


otherwise provided for may be granted by the Commissioner or, if an appeal has been filed by the Secretary for taking any action required in any priority, protest, or...


the decision of the Commissioner in priority or protest proceedings shall be filed within 20 days after the date of the decision. (b) The Commissioner may consider...


and filed in the Office in any priority, protest, or appeal proceeding, must be served by the Secretary in the manner provided in Sec. 97.403. (b) The requirement...


or agent of the party if there be such, or on the party if there is no attorney or agent, and may be made in any of the following ways: (a) By mailing a copy of...


the Secretary on appeal may appeal to the U.S. Court of Customs and Patent Appeals or the U.S. Courts of Appeals, or institute a civil action in the U.S. District Court as set...


the Act for false marking shall be conducted in accordance with Sec. Sec. 202.10 through 202.29 of this chapter (rules of practice under the Federal Seed Act) (7 U.S.C. 1551...


a protected variety should be declared open to use by the public in accordance with section 44 of the Act, the Secretary shall give the owner of the variety...


descriptions of ``public varieties'' on forms obtainable from the Office will be accepted for publication in the Official Journal. Such publication shall not...


1, containing the words ``Plant Variety Protection Office'' and ``U.S. Department of Agriculture,'' shall be the official identification symbol of the Plant Variety...


98.1 General. Analytical services of meat and meat food products are performed for fat, moisture, salt, protein, and other...


98.2 Definitions. Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As...


98.3 Analyses performed and locations of laboratories. (a) Tables 1 through 4 list the special laboratory analyses rendered by the Science and Technology as...


98.4 Analytical methods. (a) The majority of analytical methods used by the USDA laboratories to perform analyses of meat, meat food products and MRE's are listed...


98.5 Fees and charges. (a) The fee charged for any single laboratory analysis of meat, meat food products, and MRE's, not covered by...


Trichinae in Horsemeat Sec. 98.100 General. A laboratory that has met the requirements for certification specified in this...


Trichinae in Horsemeat Sec. 98.101 Definitions. Words used in the regulations in this part in the singular form will import the...


This part sets forth the requirements for recordkeeping on restricted use pesticides by all certified applicators, both private applicators and...


As used in this part, the following terms shall be construed, respectively, to mean: [[Page 281]] Administrator. The Administrator of the...


access to records. (a) Certified applicators of restricted use pesticides shall maintain records of the application of restricted use pesticides. Except as...


The Secretary is authorized to inspect and copy any record required to be maintained by this part in order to determine whether a certified applicator is...


facilitate medical treatment. (a) When the attending licensed health care professional, or an individual acting under the direction of the attending licensed...


States. (a) For the purpose of carrying out this part, the Administrator may enter into agreements with States. (b) The Administrator may, after entering...


Any certified applicator who violates 7 U.S.C. 136i-1 (a), (b), or (c) or this part shall be subject to a civil penalty of not more than $500 in the case of the first offense, and...


(a) Notice of violation. If there is reason to believe that a person has violated or is violating any provision of this part, the complainant may file with the...


In accordance with Section 3507 of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507), the recordkeeping provisions in this rule have been approved by the Office of...


section 2 of the Naval Stores Act shall apply with equal force and effect when used in the provisions in this part. In addition, unless the context requires otherwise, the...


known as turpentine, is the colorless or faintly colored volatile oil consisting principally of terpene hydrocarbons of the general empirical formula C10...


the vitreous, well- strained, transparent, solid resin which (a) remains after the volatile terpene oils are distilled from (1) the oleoresin collected from living trees or (2)...


or reclaimed by any means from waste or deteriorated material: Provided, That such reclaimed product may be graded as rosin under the act and the provisions in this...


identity for spirits of turpentine and rosin and the grade designations for rosin specified in the act, certain standards for naval stores have been promulgated by...


the meaning of the act and the provisions in this part shall be designated as ``gum spirits of turpentine,'' ``steam distilled wood turpentine,''...


turpentine'' shall refer to the kind of spirits of turpentine obtained by distillation of the oleoresin (gum) from living trees, and commonly known prior to the passage of the...


wood turpentine'' shall refer to the kind of spirits of turpentine obtained by steam distillation from the oleoresinous component of wood whether in the presence of the...


distilled wood turpentine'' shall refer to the kind of spirits of turpentine prepared from the distillate obtained in the destructive distillation (carbonization) of...


turpentine'' shall refer to the kind of spirits of turpentine prepared from the condensates that are recovered in the sulphate process of cooking wood pulp, and commonly known...


turpentine, as defined in Sec. Sec. 160.8 to 160.10, inclusive, shall be deemed to mean the respective kinds of spirits of turpentine having properties that conform with...


of the act and the provisions in this part shall be designated as ``gum rosin,'' ``wood rosin,'' or ``tall oil rosin,'' as the case may be. (b) The designation...


designated, from highest to lowest, by the following letters, respectively: XC, XB, XA, X, WW, WG, N, M, K, I, H, G, F, E, D, B. In addition, the letters OP shall be used to...


the article resulting when rosin undergoes internal modification indicated by a turbid, clouded, or opaque appearance, that is, loss of transparency, brought about by...


new standard for any naval stores is necessary in the interest of the trade, he shall announce a hearing thereon, to be held not less than 3 months subsequent to...


the Administrator a modification of an existing standard for naval stores is necessary in the interest of the trade, he shall announce a hearing thereon, to be held not less...


naval stores shall be conducted, so far as is practicable, according to methods of the American Society for Testing Materials. When any such method is deemed to be...


determined by comparing a representative sample, taken and prepared in accordance with the provisions in this part, with the appropriate standard types. The grade shall be the...


shall be approximately cubical in shape, and shall be seven-eighths inch thick in the direction through which they are viewed or graded. Samples may be taken by any of...


bottom of a barrel or drum shows not more than one grade lower than that of a top sample taken in accordance with Sec. 160.19, the grade of the rosin shall be that of such...


an excessive amount of trash or other visible extraneous foreign material, or an article that is of such color or appearance as not to permit its accurate classification...


official samples for the purpose of putting into effect any of the provisions of the act, and the issuance of certificates reporting the results of any analysis, classification,...


or submitted by an interested person shall become and remain the property of the Department, to be disposed of as the Administrator may determine. ...


inspectors shall sample, analyze, classify, or grade any naval stores at the request of any interested person, as provided for by the act and in accordance with...


and condition of the rosin therein upon request. Before or after the shipment in commerce of any lot of rosin in drums from a processing or storage point, and upon...


analysis, classification, or grading of any naval stores, or of samples thereof, shall submit to the nearest official inspector a written request, in which he shall state...


in this part may be withdrawn at any time before the service has been completed, on notice to the official inspector: Provided, however, That the interested person...


the naval stores to be made available, and shall provide any held required to remove the bungs or heads, or otherwise open the containers for sampling, to spike the rosin...


spirits of turpentine shall, after the same has been sampled for analysis, classification, and certification, be sealed by the official inspector. Any certificate...


or grading of naval stores will be certifiable only if the containers holding such naval stores remain intact as sampled until the analysis, classification,...


at the request of the producer, containers of naval stores, other than tank cars, shall have marked thereon a designation by such producer of the kind or identity...


authorized at an eligible processing plant using licensed inspectors, samples of naval stores to be used for official inspection and certification shall be taken direct from...


labor necessary for marking the containers, after the contents have been sampled and graded, at the direction of the official inspector. The container of an article which...


filled or packed as to conceal the fact that it contains anything other than naval stores within the meaning of the act or the provisions in this part, and any naval stores in...


of any sample of naval stores by an official inspector for use in grading and certifying the same at the request of an interested person, or the placing of any...


container of rosin by or under the direction of an official inspector has become illegible, he will make such examination before remarking as may be necessary to establish...


of naval stores by or at the direction of an official inspector shall be obliterated, covered up, defaced, or otherwise made illegible, except under authority of an...


to be used for naval stores, relating to the kind, classification, grade, certification, or method of inspection of naval stores shall be removed by the user whenever...


an eligible processing plant, as herein defined, may be inspected, classified, graded, and certified by a licensed inspector, after the accredited processor has applied to...


licenses to inspect and permits to have inspections made by licensed inspectors shall be made to the Administrator upon forms provided for the purposes. Each such application...


a license shall be required to demonstrate his qualifications and competency to perform the duties of an official inspector at such time and place and in such manner as may...


in the discretion of the Administrator, a temporary license may be issued without reference to Sec. 160.40 upon presentation of satisfactory evidence by the...


a licensed inspector of naval stores shall state the name of the processing plant or plants at which the licensee may perform the duties of an official inspector,...


or controls sales policies or methods of distribution of an eligible processing plant, or the selling prices of the naval stores processed at such plant, shall be licensed as...


perform duties other than those of an official inspector, to the extent indicated by the accredited processor and not disapproved in writing by the Administrator: Provided,...


licensed inspectors under the provisions in this part shall be supervised and reviewed by authorized representatives of the Administrator, who shall issue to such...


stores which have been inspected, classified, graded, and certified by a licensed inspector at an eligible processing plant shall be marked to show the name and location or...


from time to time be re-inspected and any rosin produced by such plant may be graded or re-graded by any official inspector authorized to make such examinations. The results...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR160.48] [Page 300] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 160_REGULATIONS AND STANDARDS FOR NAVAL STORES--Table of Contents Sec. 160.48 Form of certificate. The certificates issued under this part by licensed inspectors shall be on forms approved by the Administrator. [[Page 301]] ...


Certificate forms and other inspection record forms may be issued to an accredited processor, and the said processor shall be responsible for and accountable to the Department for all...


shall furnish the Administrator such reports and other information relative to the operation and output of his eligible processing plant as the Administrator may...


report to his supervising inspector and to the accredited processor, any evidence of which he has knowledge indicating non-conformance with the provisions in this...


inspect, grade, and certify naval stores may be suspended or revoked for repeated failure by the licensee correctly to inspect, grade, classify, or certify naval stores, or upon...


upon receipt of notice of the suspension or revocation of a license shall discontinue the [[Page 302]] use of the licensee as an official inspector, and...


an accredited processor to have naval stores inspected, graded, and certified by a licensed inspector may be suspended or revoked for the failure of the processor, after...


desiring to discontinue the use of licensed inspectors for making official inspections, gradings, and certifications of naval stores, shall give not less than 30...


be paid directly by the accredited processor for his services as an official inspector and for such other services or duties to which he may be assigned in accordance...


shall pay to the Department annually such permit fee for each eligible processing plant for which a permit has been issued, as may be prescribed by...


Each accredited processor for whom naval stores have been inspected and certified hereunder by a licensed inspector during any calendar month shall on receipt of invoice pay to...


a licensed inspector may be appealed in writing to the Administrator, such appeal to state the circumstances, the certificate number, and the quantity and certified grade of...


confirm the original inspection, the accredited processor shall pay for such reinspection in accordance with the fees established for original inspections made...


by section 4 of the act shall be issued to the interested person in duplicate covering naval stores examined at his request, and additional copies, if desired, may be...


results of any analysis, classification, or grading shall be issued on any naval stores which conform with a United States Standard as to kind and grade and which have been...


be issued for naval stores unless the naval stores have been packed, sampled, marked, and identified as required by the provisions in this part, and otherwise conform with the act...


owner, a ``Loan and Sale Certificate for United States Graded Rosin'' (designated ``L. S. Certificate'' in this part) may be issued to cover any rosin for which a Rosin...


desired for a quantity of rosin, a part of which has not been previously classified and graded by an official inspector and covered by a certificate, such part shall be...


time to time establish fees and charges for examination, sampling, classification, grading, analysis and certification of naval stores as he may deem fair and reasonable,...


inspection and grading service covered by the terms of any cooperative agreement with any interested person may be established by and incorporated into...


charges assessed to interested parties for services rendered under the Naval Stores Act shall be collected by the Director, Tobacco Division, Agricultural Marketing Service,...


incurred by the United States in connection with the sampling, analysis, classification, or grading of naval stores on request, not otherwise provided for by suitable...


of each month, or sooner if deemed advisable, there shall be mailed to each interested person at whose request any services have been performed, a claim for payment of moneys...


from the date of its rendition shall be considered as delinquent, and notice thereof shall be brought to the attention of the interested person. After a claim...


loan. Duplicates of the United States Standards provided by the Department for classifying and grading rosin in commerce, shall remain the property of the Department, and may...


States Standards for rosin may be loaned without deposit of security, insofar as the supply in the possession of the Department will permit, to: (a) Any State, County,...


the United States Standards for rosin may be loaned to interested persons other than those specified in Sec. 160.74, on deposit with the Department of security in the sum of $100,...


of the United States Standards for rosin, and of maintaining such duplicates in accurate and proper condition for use in grading rosin, and of keeping necessary...


of the United States Standards for rosin have been loaned under any provision in this part shall, from time to time, submit such reports on the use and condition thereof...


damaged or are missing, the person to whom they were loaned shall promptly inform the Administrator in writing, stating what damage or loss was sustained and how the...


duplicates have been loaned without security deposit, who shall request and be granted the loan of additional duplicates to replace the original ones, shall be required to...


under the act to loan additional duplicates to any person who has permitted duplicates previously loaned to him, without security, to become lost, damaged, or...


dissolution or reorganization of any partnership, firm, or corporation, holding any duplicates of the United States Standards for rosin, they shall be promptly returned to...


person to whom duplicates of the United States Standards for rosin have been loaned will be held in the special deposit account of the Department, and the same will be...


cover the cost of repairs, or of replacing any missing parts of duplicates, or as rental for duplicates, shall be paid into the United States Treasury as...


sale of any naval stores in commerce shall identify and describe the article in accordance with the classification and the standard of kind and grade provided by the act...


been provided for a mixture of two or more kinds of spirits of turpentine, the sale in commerce of any such mixture is prohibited under...


unlawful under any condition to sell, under or by reference to any United States Standard for naval stores, as provided by the act and defined in the regulations in this part,...


It shall be deemed unlawful to use in commerce the word ``turpentine'' or a compound, derivative or imitation thereof, or any word or combination of words which are a part of...


use of the word ``turpentine'' or the word ``rosin'' is not prohibited in the name of an article made, prepared, or processed from spirits of turpentine or rosin, or to indicate...


of turpentine or rosin, or both, with other drugs, when sold for medicinal purposes, is not subject to the provisions of the Naval Stores Act or of the provisions in...


means or practice used in connection with the sale of naval stores in commerce or of anything offered as such shall be false, misleading, or deceitful in...


or ``pine tree,'' when used to designate the source of spirits of turpentine, shall be deemed to mean a living, growing plant of the genus Pinus, family Pinaceae, unless...


on or impressed into any container of spirits of turpentine, or when used in an invoice referring to spirits of turpentine in containers of 10 gallons content or less, shall mean...


in commerce in a powdered or finely broken condition shall be stated in the invoice or contract of sale in accordance with the kind and grade of the rosin before it...


packed, described, labeled, or sold as to indicate that it is offered as a medicament shall nevertheless be subject to the requirements of the Naval Stores Act and of...


Whenever it shall appear to the Administrator that any violation of the act should be reported to the United States Department of Justice for appropriate action, he shall serve...


of the person notified of an apparent violation of the act to submit to the Administrator a written answer as provided in Sec. 160.95, or if, after such person has filed...


and grading of naval stores made under any provision of the act or the provisions in this part may be published from time to time in such mediums as...


stores and drum containers of rosin. Except as provided in Sec. 160.204, the following fees shall be paid to the United States for the field inspection and certification...


Except as provided in Sec. 160.204, the following fees shall be paid to the United States for laboratory analysis and testing of naval stores, when not performed in the conduct of...


Whenever it shall be deemed practical and in the interest of the naval stores trade to sample, inspect, analyze and certify any naval stores material other...


in Sec. Sec. 160.201 and 160.202 apply to the routine field inspection and usual laboratory work incident to the certification of commodities covered by those sections....


Initial permit fee--$20.00. Annual renewal permit fee--$20.00. Note: The renewal permit fee shall be reduced to $10 per year when the inspection fees...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR201.1] [Page 312] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents Sec. 201.1 Meaning of words. Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. [5 FR 28, Jan. 4, 1940] ...


defined in section 101 of the Act, unless modified in this section as provided in the Act, shall apply with equal force and effect. In addition, as used in Sec. Sec....


perform such duties as the Secretary require in enforcing the provisions of the act and of the regulations in this part. [5 FR 30, Jan. 4, 1940, as amended at 13 FR...


transportation in interstate commerce agricultural or vegetable seed subject to the act shall keep for a period of 3 years a complete record of each lot of such seed...


clover, or field corn, except hybrid seed corn, shall include a declaration of origin, or information traceable to a declaration of origin or evidence showing that...


tests for germination and hard seed for each lot of seed offered for transportation in whole or in part. The record shall show the kind of seed, lot number, date of...


(a) records of analyses, tests, and examinations including statements of weed seeds, noxious weed seeds, inert matter, other agricultural seeds, and of any...


seed shall include records necessary to disclose the name of any substance or substances used in the treatment of such seed, including a label or invoice or...


any form that is clearly legible and complies with the regulations in this part. The information may be on a tag attached securely to the container, or may be printed in...


shown on the label and need not be accompanied by the word ``kind.'' When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by...


as to variety and shall be labeled to show the variety name or the words ``Variety Not Stated.'' Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field;...


the name of the kind but shall in all cases be clearly associated with the word ``type.'' The percentage, which may be shown as ``pure seed'', shall apply only to the...


5 percent is ``hybrid'' seed, it shall be designated ``hybrid'' on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed...


be confined to the name of the kind or kind and variety determined in accordance with Sec. 201.34. The name shall not have affixed thereto words or terms that create...


purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance. [49 FR 1172, Jan....


be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed. [5 FR 30, Jan. 4, 1940, as amended at 59 FR 64491,...


seed corn) shall be labeled to show: (1) The origin, if known; or (2) if the origin is not known, the statement ``origin unknown.'' (b) Whenever such seed...


weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds. [5 FR 31, Jan....


shown in paragraph (b) of this section, the names of the kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with,...


the District of Columbia are: Quackgrass (Elytrigia repens), Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), bermudagrass (Cynodon dactylon),...


included in the percentage or percentages of kind, variety, or type may be expressed as ``crop seeds'' or ``other crop seeds,'' but the percentage shall include...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR201.19] [Page 322] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents Sec. 201.19 Inert matter. The label shall show the percentage by weight of inert matter. [5 FR 31, Jan. 4, 1940] ...


or kind and variety, or kind and type, or kind and hybrid of agricultural seed present in excess of 5 percent or shown in the labeling to be present in a proportion of...


present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the...


germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date...


or consignee shall appear upon the label. If the name and address of the shipper are not shown upon the label, a code designation identifying the shipper shall...


address of the person who transports or delivers seed for transportation in interstate commerce shall be approved by the Administrator of the Agricultural Marketing Service...


the month and year beyond which the inoculant on the seed is no longer claimed to be effective by a statement such as, ``Inoculant not claimed to be...


be labeled with the required information in any form that is clearly legible. Any tag used shall be securely attached to the container. The label may contain...


variety present as determined in accordance with Sec. 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history...


or consignee, shall appear upon the label except that if the name and address of the shipper are not shown, a code designation identifying the shipper shall...


and address of the person who transports or delivers seed for transportation in interstate commerce [[Page 324]] shall be approved by the Administrator of...


in containers of 1 pound or less which have a germination equal to or better than the standard set forth in Sec. 201.31 need not be labeled to show the percentage...


Each variety of vegetable seeds in containers of more than 1 pound shall be labeled to show the percentage of germination and the percentage of hard seed (if any). [32 FR...


present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the...


the label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month...


than 1 pound. The lot number or other lot identification of vegetable seed in containers of more than 1 pound shall be shown on the label and shall be the same as...


The following germination standards for vegetable seeds in interstate commerce, which shall be construed to include hard seed, are determined and established under section 403(c) of...


or any mixture thereof or any vegetable seed or any mixture thereof, for seeding purposes, that has been treated shall be labeled in type no smaller than 8 point to...


be labeled in a legible manner with letters not smaller than 18 point type and, if in bulk, shall be invoiced with the words, ``Screenings for processing--not...


(a) In the case of seed in bulk, the information required under sections 201(a), (b), and (i) of the act shall appear in the invoice or other records accompanying and pertaining...


(a) Indistinguishable seed and treatment substances. Reasonable precautions to insure that the kind, variety, or type of indistinguishable agricultural or vegetable seeds and...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR201.35] [Page 328] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents Sec. 201.35 Blank spaces. Blank spaces on the label shall be deemed to imply the word ``None,'' when such interpretation is reasonable. [5 FR 32, Jan. 4, 1940] ...


construed to mean that none were found in a test complying with the methods set forth in Sec. Sec. 201.45-201.52. [5 FR 32, Jan. 4, 1940] ...


used in any invoice or other labeling, or advertisement shall not directly or indirectly deny or modify any information required by the act or the regulations in...


the name of a kind or kind and variety of seed in any advertisement subject to the act shall be confined to the name of the kind or kind and variety determined in accordance...


of test in Sec. Sec. 201.22 and 201.30a shall not apply when the following conditions have been met: (a) The seed was packaged within 9 months after harvest; (b)...


Service, or by such other person as may be designated for the purpose, Federal employees and qualified State officials, for the purposes of the act, may draw samples...


seed and screenings shall be inspected as provided in Sec. Sec. 361.4 of this title. [5 FR 32, Jan. 4, 1940, as amended at 62 FR 48459, Sept. 16, 1997] ...


portions shall be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access shall be had to all parts of that quantity. When more...


or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or...


total of at least five trierfuls shall be taken. (b) For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled....


to sample as required in Sec. 201.41, a portion of one unopened container or one or more entire unopened containers may be taken to supply a minimum size sample,...


vegetable seed and screenings to be submitted for analysis, test, or examination: (a) Two ounces (57 grams) of grass seed not otherwise mentioned, white or...


examination, the containers of samples shall be properly sealed and identified in such manner as may be prescribed by AMS. Samples of coated seed shall be forwarded in firmly...


is made shall be taken from the submitted sample in such a manner that it will be representative. (b) The sample shall be repeatedly divided to the weight to be...


purity analysis and noxiousweed seed examination of unmixed seed shall be at least the weights set forth in table 1. (b) Mixtures consisting of one predominant kind of seed...


significant figures and shall then be separated into four parts: (1) Kind or variety to be considered pure seed, (2) other crop seed, (3) weed seed, and (4) inert matter....


seed in planting practices and in commercial channels. The seed unit may consist of one or more of the following structures: (a) True seeds; (b) For the...


purity analysis is made. The noxious-weed seed working sample is the sample on which the noxious-weed seed examination is made. [20 FR 7930, Oct....


seeds of each kind or each kind and variety under consideration present in excess of 5 percent of the whole. Seeds of kinds or kinds and varieties present to the extent of 5...


and variety(ies) included in the pure seed) shall be considered other crop seeds, unless recognized as weed seeds by applicable laws, or regulations, or by general usage....


considered weed seeds when recognized as weed seeds by the law or rules and regulations of the State into which the seed is offered for transportation or transported; or by the...


both crop and weed plants and other material not seeds as follows: (a) Seeds and seed-like structures from crop plants: (1) Seeds of legumes (Leguminosae)...


shall be used for the separation of pure seed and inert matter in the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass, Pensacola variety of...


seed is obtained as described in Sec. 201.46(d) (1) and (2), and weighed in grams to four significant figures. (b) Any loose coating material shall be sieved, weighed,...


tubers of individual noxious weeds present per unit weight should be made on at least the minimum quantities listed in Sec. 201.46 Table 1: Provided, That if the...


are required, seeds for germination shall be taken from the separation of the kind, variety, or type considered pure seed and shall be counted without discrimination as...


germination; except that in mixtures, 200 seeds of each of those kinds present to the extent of 15 percent or less may be used in lieu of 400, in which case an additional...


of 100-seed replicates of a given test exceeds the maximum tolerated range in the table appearing in this section. [[Page 344]] Table of Maximum...


to supply the needed moisture to the seeds at all times. Excessive moisture which will restrict aeration of the seeds should be avoided. Except as provided for those...


it has developed those essential structures which, for the kind of seed under consideration, are indicative of its ability to produce a normal plant under favorable...


Kinds of seed: Beet, Swiss chard, fourwing saltbush, spinach, New Zealand spinach, and forage kochia. (a) General description. (1) Germination habit: Epigeal dicot. ...


chicory, dandelion, endive, great burdock, lettuce, safflower, salsify, Louisiana sagewort, and sunflower. (a) Lettuce. (1)...


sprouts, cabbage, Chinese cabbage, cauliflower, collards, garden cress, upland cress, water cress, kale, Chinese kale, Siberian kale, kohlrabi, mustard, pakchoi,...


India gherkin, melon, pumpkin, squash, and watermelon. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons which...


bluestems, bromes, cereals, fescues, millets, orchardgrass, redtop, ryegrasses, sorghums, timothy, turf timothy, wheatgrasses, and all other grasses listed in Sec....


alyceclover, asparagusbean, beans (Phaseolus spp.), Florida beggarweed, black medic, broadbean, burclovers, buttonclover, chickpea, clovers (Trifolium spp.), cowpea,...


and Welsh onion. (a) Asparagus. (1) General description. (i) Germination habit: Hypogeal monocot. (ii) Food reserves: Endosperm which is hard,...


(1) Germination habit: Epigeal dicot. (Due to the mucilaginous nature of the seed coat, seedlings germinated on blotters may adhere to the blotter and appear to...


(a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserve: Cotyledons, which are convoluted in the seed; they expand and become thin,...


(a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, which are thin and leaf-like; endosperm (fleshy food-storage organs)...


and sorrel. (a) General description. (1) Germination habit: Epigeal dicot. (2) Food reserves: Cotyledons, starchy endosperm. (3) Shoot system: The...


Carrot family, Apiaceae (Umbelliferae)--carrot, celery, celeriac, dill, parsley, parsnip; Hemp family, Cannabaceae--hemp; Dichondra family, Dichondraceae--dichondra; ...


they have not absorbed water, due to an impermeable seed coat, are to be counted as ``hard seed.'' If at the end of the germination period provided for legumes, okra,...


which fail to germinate when provided the specified [[Page 358]] germination conditions for the kind of seed in question. (a) Viability of ungerminated...


which fail to germinate when provided the specified [[Page 358]] germination conditions for the kind of seed in question. (a) Viability of ungerminated...
...


or type of seed or determination that seed is hybrid is not possible by seed characteristics, identification may be based upon the seedling, growing plant or mature...


other existing circumstances shall be considered in determining the origin of seed. [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct. 21,...


be used according to the procedure given in Association of Official Seed Analysts, Handbook No. 26, ``Microbiological Assay of Fungicide-treated Seeds'', May 1964. [38...


amount of fungal endophyte (Acremonium spp.) in certain grasses. (a) Method of preparation of aniline blue stain for use in testing grass seed and plant material for...


rates of occurrence found by analysis, test, or examination in the administration of the act and percentages or rates of occurrence required or stated as required by the...


the purity components is the same whether for pure seed, other crop seed, weed seed, or inert matter. Wider tolerances are provided when 33 percent or more of the sample...


tests shall be those set forth in the following table plus one-half the regular pure-seed tolerance determined in accordance with Sec. 201.60. When only 200 seeds of...


Tolerances for tests for determination of percentages of kind, variety, type, hybrid, or offtype shall be those set forth in the following table, added to one-half...


germination and also to the sum of the germination plus the hard seed when 400 or more seeds are...


applying the respective tolerances to the germination plus the hard seed and the pure seed. [5 FR 35, Jan. 4, 1940. Redesignated at 20 FR 7940, Oct....


of noxious-weed seeds shall be recognized and shall be applied to the number of noxious-weed seeds found by analysis in the quantity of seed specified for noxious-weed...


a seed certifying agency for purposes of section 101(a)(25) of the Federal Seed Act (7 U.S.C. 1551(a)(25)) an agency must enforce standards and procedures, as conditions for...


shall require the originator, developer, or owner of the variety, or agent thereof, to make the following available when eligibility for certification is requested: ...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR201.69] [Page 377] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 201_FEDERAL SEED ACT REGULATIONS--Table of Contents Sec. 201.69 Classes of certified seed. (a) Classes of certified seed are as follows: (1) Breeder. (2) Foundation. (3) Registered. (4) Certified. [38 FR 25662, Sept. 14, 1973] ...


which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the Foundation seed...


shall have evidence of the class and source of seed used to plant each crop being considered for certification. [38 FR 25662, Sept....


determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed. (b) The...


requirements must be met by processors of all classes of certified seed: (a) Facilities shall be available to perform processing without introducing admixtures. ...


when offered for sale shall have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other...


participation of more than one official certifying agency in performing the services required to certify a lot of seed. (a) The certifying agency issuing labels for...


5 the figures in the ``Land'' column indicate the number of years that must elapse between the destruction of a stand of a kind and establishment of a stand of a specified...


and certified seed classes through which a given variety may be multiplied both inside and outside its region of adaptation shall be specified by the originator or...


at any one inspection, are limited to 1:200 heads for Foundation A Line and 1:100 heads for Registered A Line, except that when the A Line is increased outside the area...


[Code of Federal Regulations] [Title 7, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR202.1] [Page 384] TITLE 7--AGRICULTURE CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED) PART 202_FEDERAL SEED ACT RULES OF PRACTICE--Table of Contents Subpart A_General Sec. 202.1 Meaning of words. As used in this part, words in the singular form shall be deemed to import the plural, and vice versa, as the case may require. ...


For the purposes of this part, the following terms shall be construed, respectively, to mean: (a) The term Act means the Federal Seed Act, approved August 9, 1939 (53...


Any person having information of any violation of the Act or of any of the regulations promulgated thereunder may file with the Director an application requesting...


The person filing an application shall not be a party to any proceeding which may be instituted under the Act, unless he be permitted by the Secretary or by...


to reporting for criminal prosecution. The Director shall, before any violation of this act is reported to any U.S. attorney for institution of a...


hearing prior to promulgation of rules and regulations. Prior to the promulgation of any rule or regulation contemplated by section 402 of the Act (7 U.S.C. 1592),...


judgments, settlements, and orders. After judgment or settlement, or the issuance of a cease and desist order, in any case or proceeding arising under this Act,...


Proceedings under section 302(a) to show cause why seed or screenings should be admitted into the United States. When seed or screenings have been refused admission into the...


For the purpose of the regulations in this subpart, words in the singular form shall be deemed to impart the plural and vice versa, as the case...


Accreditation. A determination made by the Secretary that authorizes a private, foreign, or State entity to conduct certification activities as a certifying agent under this part. ...


(a) Except for operations exempt or excluded in Sec. 205.101, each production or handling operation or specified portion of a production or handling operation...


certification. (a) Exemptions. (1) A production or handling operation that sells agricultural products as ``organic'' but whose gross agricultural income...


Any agricultural product that is sold, labeled, or represented as ``100 percent organic,'' ``organic,'' or ``made with organic (specified ingredients or food...


(a) A certified operation must maintain records concerning the production, harvesting, and handling of agricultural products that are or that are intended to...


methods, and ingredients in organic production and handling. To be sold or labeled as ``100 percent organic,'' ``organic,'' or ``made with organic...


The producer or handler of a production or handling operation intending to sell, label, or represent agricultural products as ``100 percent organic,'' ``organic,''...


and handling system plan. (a) The producer or handler of a production or handling operation, except as exempt or excluded under Sec. 205.101, intending to...


Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as ``organic,'' must: (a) Have been managed in...


and crop nutrient management practice standard. (a) The producer must select and implement tillage and cultivation practices that maintain or improve the...


stock practice standard. (a) The producer must use organically grown seeds, annual seedlings, and planting stock: Except, That, (1) Nonorganically...


practice standard. The producer must implement a crop rotation including but not limited to sod, cover crops, green manure crops, [[Page 399]] and...


and disease management practice standard. (a) The producer must use management practices to prevent crop pests, weeds, and diseases including but not limited to: ...


practice standard. (a) A wild crop that is intended to be sold, labeled, or represented as organic must be harvested from a designated area that has had...


livestock. (a) Livestock products that are to be sold, labeled, or represented as organic must be from livestock under continuous organic management from the last...


(a) The producer of an organic livestock operation must provide livestock with a total feed ration composed of agricultural products, including pasture and forage,...


care practice standard. (a) The producer must establish and maintain preventive livestock health care practices, including: (1) Selection of species and...


conditions. (a) The producer of an organic livestock operation must establish and maintain livestock living conditions which accommodate the health and...


requirements. (a) Mechanical or biological methods, including but not limited to cooking, baking, curing, heating, drying, mixing, grinding, churning,...


management practice standard. (a) The producer or handler of an organic facility must use management practices to prevent pests, including but not limited to: ...


contact with prohibited substance prevention practice standard. (a) The handler of an organic handling operation must implement measures necessary to prevent...


(a) Temporary variances from the requirements in Sec. Sec. 205.203 through 205.207, 205.236 through 205.239, and 205.270 through 205.272 may be established...


``organic.'' (a) The term, ``organic,'' may only be used on labels and in labeling of raw or processed agricultural products, including ingredients, that have...


(a) Products sold, labeled, or represented as ``100 percent organic.'' A raw or processed agricultural product sold, labeled, or represented as ``100...


percentage of organically produced ingredients. (a) The percentage of all organically produced ingredients in an agricultural product sold, labeled, or represented as...


``100 percent organic'' or ``organic.'' (a) Agricultural products in packages described in Sec. 205.301(a) and (b) may display, on the principal display...


labeled ``made with organic (specified ingredients or food group(s)).'' (a) Agricultural products in packages described in Sec. 205.301(c) may display on...


products with less than 70 percent organically produced ingredients. (a) An agricultural product with less than 70 percent organically produced ingredients...


feed. (a) Livestock feed products described in Sec. 205.301(e)(1) and (e)(2) may display on any package panel the following terms: (1) The statement,...


produced on an exempt or excluded operation. (a) An agricultural product organically produced or handled on an exempt or excluded operation must not: ...


(a) The USDA seal described in paragraphs (b) and (c) of this section may be used only for raw or processed agricultural products described in paragraphs (a), (b),...


A person seeking to receive or maintain organic certification under the regulations in this part must: (a) Comply with the Act and applicable...


A person seeking certification of a production or handling operation under this subpart must submit an application for certification to a certifying agent....


(a) Upon acceptance of an application for certification, a certifying agent must: (1) Review the application to ensure completeness pursuant to Sec. 205.401; ...


(a) On-site inspections. (1) A certifying agent must conduct an initial on-site inspection of each production unit, facility, and site that produces or handles...


(a) Within a reasonable time after completion of the initial on-site inspection, a certifying agent must review the on-site inspection report, the results of any analyses...


(a) When the certifying agent has reason to believe, based on a review of the information specified in Sec. 205.402 or Sec. 205.404, that an applicant for...


(a) To continue certification, a certified operation must annually pay the certification fees and submit the following information, as applicable, to the...


accreditation. (a) The Administrator shall accredit a qualified domestic or foreign applicant in the areas of crops, livestock, wild crops, or handling or...


accreditation. (a) A private or governmental entity accredited as a certifying agent under this subpart must: (1) Have sufficient expertise in...


(a) A private or governmental entity seeking accreditation as a certifying agent under this subpart must submit an application for accreditation which...


A private or governmental entity seeking accreditation as a certifying agent must submit the following information: (a) The business name, primary office...


expertise and ability. A private or governmental entity seeking accreditation as a certifying agent must submit the following documents and information to demonstrate...


agreement. (a) A private or governmental entity seeking accreditation under this subpart must sign and return a statement of agreement prepared by the Administrator...


(a) Accreditation will be granted when: (1) The accreditation applicant has submitted the information required by Sec. Sec. 205.503 through 205.505; ...


(a) If the Program Manager has reason to believe, based on a review of the information specified in Sec. Sec. 205.503 through 205.505 or after a...


(a) Site evaluations of accredited certifying agents shall be conducted for the purpose of examining the certifying agent's operations and evaluating its compliance...


The Administrator shall establish a peer review panel pursuant to the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2 et seq.). The peer review panel shall...


and renewal of accreditation. (a) Annual report and fees. An accredited certifying agent must submit annually to the Administrator, on or before the...


allowed and prohibited substances, methods, and ingredients. The National List of Allowed and Prohibited Substances The following criteria will...


for use in organic crop production. In accordance with restrictions specified in this section, the following synthetic substances may be used in organic crop...


for use in organic crop production. The following nonsynthetic substances may not be used in organic crop production: (a) Ash from manure burning. ...


for use in organic livestock production. In accordance with restrictions specified in this section the following synthetic substances may be used in organic...


for use in organic livestock production. The following nonsynthetic substances may not be used in organic livestock production: (a) Strychnine. ...


(a) Any person may petition the National Organic Standard Board for the purpose of having a substance evaluated by the Board for recommendation to the Secretary...


programs. (a) A State may establish a State organic program for production and handling operations within the State [[Page 425]] which produce...


proposed State organic programs and amendments to approved State organic programs. (a) A State organic program's governing State official must submit to the...


programs. The Secretary will review a State organic program not less than once during each 5-year period following the date of the initial program approval....


accreditation. Fees and other charges equal as nearly as may be to the cost of the accreditation services rendered under the regulations, including...


(a) Applicants for initial accreditation and renewal of accreditation must remit the nonrefundable fee, pursuant to Sec. 205.640(a)(3), along with...


certification. Fees charged by a certifying agent must be reasonable, and a certifying agent shall charge applicants for certification and certified production and...


National Organic Program's Program Manager, on behalf of the Secretary, may inspect and review certified production and handling operations and accredited certifying agents...


(a) A certifying agent may investigate complaints of noncompliance with the Act or regulations of this part concerning production and handling...


certified operations. (a) Notification. When an inspection, review, or investigation of a certified operation by a certifying agent or a State organic...


Any dispute with respect to denial of certification or proposed suspension or revocation of certification under this part may be mediated at the request of the applicant...


certifying agents. (a) Notification. When an inspection, review, or investigation of an accredited certifying agent by the Program Manager reveals any...


State organic programs. (a) A State organic program's governing State official must promptly notify the Secretary of commencement of any noncompliance...


agricultural product to be sold or labeled ``organic.'' (a) All agricultural products that are to be sold, labeled, or represented as ``100 percent...


When residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance for the specific...


When a prohibited substance is applied to a certified operation due to a Federal or State emergency pest or disease treatment program and the certified...


(a) Persons subject to the Act who believe they are adversely affected by a noncompliance decision of the National Organic Program's Program Manager may appeal such decision to...


appeals. An applicant for certification may appeal a certifying agent's notice of denial of certification, and a certified operation may appeal a certifying...


The control number assigned to the information collection requirements in this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44...




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