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$ 52.39 Issuance of certificate of sam- strumentality thereof, shall be at the rate pling.

of $8.50 per hour. Each inspector and each licensed

(b) Unless otherwise provided in this sampler shall prepare and sign a cer

part, the respective fees for inspection tificate of sampling to cover the sam

services performed under this part on ples drawn by the respective person,

officially drawn samples shall be based on except that an inspector who inspects

the applicable rates specified in this secthe samples which he has drawn need

tion plus the applicable charges for such not prepare a certificate of sampling.

micro, chemical, and certain other special One copy of each certificate of sampling

analyses spécified in § 52.47 which may prepared shall be retained by the in

be requested by the applicant or required spector or licensed sampler (as the case

by the inspector to determine the quality may be) and the original and all other

or condition of the processed product. copies thereof shall be disposed of in

OFFICIALLY DRAWN SAMPLES accordance with the instructions of the

(1) For sampling, checkloading, condition Administrator.

of container examination, or for any related 8 52.40 Identification of lots sampled.

services, or any combination thereof, includ

ing, travel time as provided for in $ 52.51— Each lot from which officially drawn $8.50 per hour. samples are selected shall be marked in (2) For determining the quality and con. such manner as may be prescribed by

dition of the processed product by examinethe Administrator, if such lots do not

tion of the sample, the rate as listed in (1) otherwise possess suitable identification.

through (ix) of this subdivision (2) for the

applicable method of preservation: FEES AND CHARGES

(1) Canned or similarly processed fruits

and vegetables, except canned pineapple and $ 52.41 Payment of fees and charges. canned pineapple juice packed and inFees and charges for any inspection

spected in Puerto Rico. service shall be paid by the interested For each lot packed in containers of a volume party making the application for such not exceeding that of a No. 12 size can service, in accordance with the appli

(603 X 812): cable provisions of the regulations in

Minimum fee for 200 cases, or less.-- $8.00

For each additional 100 cases, or fracthis part, and, if so required by the per

2. tton thereof, but not in excess of a son in charge of the office of inspection

total of 5,000 cases..

0.75 serving the area where the services are For each additional 100 cases, or tracto be performed, an advance of funds tion' thereof, in excess of a total prior to rendering inspection service in of 5,000 cases..

0.60 an amount suitable to the Administrator, (11) Canned pineapple, and canned pineor a surety bond suitable to the Admin- apple juice packed and inspected in Puerto istrator, may be required as a guarantee

Rico.

For each case of 24 containers, or less. $0.015 of payment for the services rendered.

For each case of more than 24 conAll fees and charges for any inspection

tainers

0.020 service performed pursuant to the regu- Minimum fee per lot.

8.00 lations in this part shall be paid by (111) Frozen or similarly processed fruits check, draft, or money order payable to and vegetables. the Consumer and Marketing Service and (a) Frozen products other than corn-onremitted to the office of inspection serv

the-cob: ing the area in which the services are

For each lot of 5,000 pounds, or
less

$12.00 performed, within ten (10) days from

For each additional 5,000 pounds, or the date of billing, unless otherwise

fraction thereof, but not in exspecified in a contract between the ap- cess of a total of 100,000 pounds. 2. 00 plicant and the Administrator, in which For each additional 5,000 pounds, or latter event the contract provisions shall fraction thereof, in excess of & ar

total of 100,000 pounds.

1. 75

(b) Frozen corn-on-the-cob: § 52.42 Schedule of fees.

For each lot of 1,000 dozen ears,
or less

12.00 (a) Unless otherwise provided in a For each additional 1,000 dozen written agreement between the applicant ears, or fraction thereof, but not and the Administrator, the fee for any

in excess of a total of 10,000 dozen

ears inspection service performed under the

2. 00

For each additional 1,000 dozen regulations in this part at the request of

ears in excess of a total of 10,000 the United States, or any agency or in

dozen ears.

1. 75

(iv) Dried fruits others than figs and dates. (6) Honey, molasses, sirup. For each lot of 5,000 pounds, or less.. $12.00

$8.00 Each additional 2,000 pounds, or frac

3 sample units, or less---
Each additional sample unit---

1.00 tion thereof, but not in excess of a total of 50,000 pounds.-

0.80 - (7) Coffee. Each additional 2,000 pounds, or fraction thereof, in excess of 50,000

Green bean grade, each sample-- $8.00 pounds

8. 00 Cup test, each sample---0.60

Combined green bean grade and cup (v) Dried figs and dates.

12.00 For each lot of 5,000 pounds, or less.. $12.00

test, each sample.. Each additional 2,000 pounds, or

(8) Tea. fraction thereof, but not in excess of a total of 50,000 pounds--

Cup test, each sample.

$8.00 2. 00 Each additional 2,000 pounds, or frac

(d) The fee for any inspection service tion thereof, in excess of 50,000

performed on any processed product not pounds

1.75

included in paragraphs (b) and (c) of (vi) Dehydrated fruits and vegetables. For each lot of 5,000 pounds, or less-- $12.00

this $ 52.42 shall be at the rate of $8.50 Each additional 2,000 pounds, or

per hour for the time (including travel fraction thereof, but not in excess

time as provided for in § 52.51) required of a total of 25,000 pounds---

0.80 by the inspector in performing the inEach additional 2,000 pounds, or frac

spection service. tion thereof, in excess of 25,000

[33 F.R. 9582, July 2, 1968, as amended at pounds

0.60 34 F.R. 9613, June 19, 1969) (vii) Honey, molasses, sirup and similar sugar products.

§ 52.43 Fees to be charged and collected For 3 sample units, or less.

88.00 for sampling when performed by a For each additional sample unit.. 1.00

licensed sampler. (viii) Coffee. Green bean grade, each sample..

Such sampling fees as are specifically

$8.00 Cup test, each sample---

8. 00

prescribed by the Administrator in conCombination green bean grade and

nection with the licensing of the parcup test, each sample---

12.00 ticular sampler (which fees are to be (ix) Tea.

prescribed in the light of the sampling Cup test, each sample-----

$8.00 work to be performed by such sampler (c) Unless otherwise provided in this

and other petinent factors) may be as

sessed and collected by such licensed part, the respective fees for inspection

sampler directly from the applicant: services performed on unofficially drawn

Provided, That if such licensed sampler samples shall be based on the applicable is an employee of a State, the appropriate rates specified in this section plus the authority of that State may make the charges for such micro, chemical, and collection, or they may be assessed and certain other special analyses specified collected by the office of inspection servin § 52.47 which may be requested by

ing the area where the services are perthe applicant or required by the inspector

formed. to determine the quality or condition of $ 52.44 Inspection fees when charges the samples.

for sampling have been collected by

a licensed sampler. UNOFFICIALLY DRAWN SAMPLES (1) Canned or similarly processed fruits

For any lot of processed products from and vegetables.

which a sample is drawn by a licensed

sampler and the applicable sampling fee 3 sample units, or less -

$8.00

is collected by the licensed sampler or Each additional sample unit..

2.00

appropriate authority, as provided in (2) Frozen or similarly processed fruits $ 52.43, the fees for other inspection servand vegetables.

ices with respect to such lot shall not in2 sample units, or less-

$8.00

clude charges for sampling. Each additional sample unit...

2.00

(33 F.R. 9583, July 2, 1968) (3) Dried fruits other than figs and dates. $ 52.45 Inspection fees when charges Each sample-

for sampling have not been collected $8.00

by a licensed sampler. (4) Dried figs and dates.

For any lot of processed products from Each sample-

$8.00

which a sample is drawn by a licensed (5) Dehydrated fruits and vegetables,

sampler and the sampling fee is not colEach sample---

$8.00 lected by the licensed sampler or the ap

as

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propriate authority, provided in § 52.43, the fees and charges for inspection services with respect to such lot shall be the applicable fees and charges prescribed in $ 52.42. (33 F.R. 9583, July 2, 1968) § 52.46 Fee for appeal inspection.

The fee to be charged for an appeal inspection shall be at the rates prescribed in this part for other inspection services: Provided, That, if the result of any appeal inspection made for any applicant, other than the United States or any agency or instrumentality thereof, discloses that a material error was made in the inspection on which the appeal is made, no inspection fee shall be assessed. $ 52.47 Charges for micro, chemical and

certain other special analyses. (a) The applicable charges listed in this section shall be made for micro, chemical, and certain other special analyses which may be requested by the applicant, or required by the inspector to determine the quality or condition of the processed product. When any of these analyses is made at the request of the applicant and is not in connection with an inspection to determine the quality or condition of the product, the applicable charge shall be increased by 50 percent.

(b) The following charges, as applicable, shall be made for listed analyses which are requested by the applicant and are not in connection with an inspection service to determine the quality or condition of the product; however no such charge shall be made when the analyses are in connection with an inspection to determine the quality or condition of the product: Brix reading (refractometric or spindle)

$4.00 Brix reading (double dilution).

8.00 Total acidity (direct titration)

4.00 Free fatty acids-

4. 00 Tough string test (green and wax beans

4.00 Salt (NaCl)-direct titration..

4. 00 Soluble solids (refractometric method

4.00 Total solids (refractometric method)- 4. 00 Color determination of extracted honey

4.00 Color determination of sugarcane molasses or sugarcane sirup.

4.00 (33 F.R. 9583, July 2, 1968, as amended at 34 F.R. 9613, June 19, 1969) § 52.48 Fees and charges not otherwise

provided for; and situations where

hourly rate required. With respect to any inspection service for which no applicable fee or charge is set forth in this part, or when the inspection service performed is such that applicable fees and charges would be inadequate or inequitable, the total fees and charges shall be based upon the time consumed by the inspector in performance of such inspection service at the rate of $8.50 per hour. (34 F.R. 9613, June 19, 1969) $ 52.49 Charges for copies of

Type of analysis

For first For each
analysis additional

analysis

$4.00

$2.00

sheets.
If the applicant for inspection service
requests one or more copies of a score

8.00
4.00

4.00
2.00

8.00
8.00

4.00
4.00

16.00
8.00

12.00
2.00

8.00
12.00

4.00
8.00

12.00

Mold count..
Worm larvae and insect frag.

ment count.
Fly egg and maggot count.
Fiber test (green and wax

beans). Alcohol insoluble solids. Alcohol (distillation and

specific gravity) Ascorbic acid (vitamin C).. Total ash (carbonated or

sulfated) Ash, acid insolubleAsh, water soluble or water

insoluble..
Ash, NaCl Free (approxi-
mately method-total ash less

NaCl).
Ash, NaCl Free (P2O5 x 2).
Catalase test.
Diastase test for honey (AOAC

Method).
Ether extract (crude fat).
Fat (acid hydrolysis).
Water insoluble solids.
Iodine number.
Nitrogen or crude protein.
Nonvolatile ether extract
Oil volatile..
Phosphorous pentoxide (P203)..
Potash (K20)
Peroxidase test (frozen

vegetables).
Recoverable oil (citrus juices).-

8.00

12.00
20.00
4.00

8.00
12.00
4.00

16.00 12.00 12.00 12.00 12.00 12.00 12.00

8.00 20.00 20.00

8.00 8.00 8.00 8.00 8.00 8.00 8.00 8.00 12.00 12.00

score

4.00
8.00

4.00
4.00

sheet referable to the processed product covered thereby, he may obtain such copies from the inspector in charge of the office of inspection serving the area where the service was performed at a charge of $4 per copy: Provided, That no charge shall be made for one copy if requested in conjunction with the request for inspection. [34 F.R. 9613, June 19, 1969) $ 52.50 Charges for additional copies of

inspection certificates. Charges for additional copies of inspection certificates issued in accordance with $ 52.21 may be supplied to any interested party at a charge for such copies at the rate of $4 for each seven (7), or fewer, copies.

Notice of proposed rule making, public procedure thereon, and the postponement of the effective time of this action later than July 15, 1968 (5 U.S.C. 553); are impracticable, unnecessary, and contrary to the public interest in that (1) the Agricultural Marketing Act of 1946 provides that the fees charged shall be reasonable and as nearly as may be cover the cost of the service rendered; (2) the increase in the fee and charges is necessary to more nearly cover such cost including, but not limited to, increased salaries, beginning in July, to Federal employees required by recent legislation; (3), it is imperative that such increase in fees and charges become effective in time to cover such increased costs; and (4) additional time is not required by users of the inspection service to comply with this amendment. (33 F.R. 9584, July 2, 1968) $ 52.51 Travel and other expenses.

Charges may be made to cover the cost of travel and other expenses incurred in connection with the performance of any inspection service, including appeal inspections: Provided, That, if charges for sampling or inspection are based on an hourly rate, an additional hourly charge may be made for travel time including time spent waiting for transportation as well as time spent traveling, but not to exceed eight hours of travel time for any one person for any one day: And provided further, That, if travel is by common carrier, no hourly charge may be made for travel time outside the employee's official work hours.

$ 52.52 Charges for inspection service

on a contract basis. (a) Irrespective of fees and charges prescribed in foregoing sections, the Administrator may enter into contracts with applicants to perform continuous inspection services or other inspection services pursuant to the regulations in this part and other requirements as prescribed by the Administrator in such contract, and the charges for such inspection service provided in such contracts shall be on such basis as will reimburse the Consumer and Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator.

(b) Irrespective of fees and charges prescribed in the foregoing sections, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with any administrative agency charged with the administration of a marketing agreement or a marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et. seq.) for the making of inspections pursuant to said agreement or order on such basis as will reimburse the Consumer and Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator. Likewise, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with administrative agency charged with the administration of a similar program operated pursuant to the laws of any State.

(c) No Member of, or Delegate to congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in this section or to any benefit that may arise therefrom, but this provision shall not be construed to extend to such contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a Member of, or Delegate to

an

U. S.

GRADE

B

Congress, or a Resident Commissioner in his capacity as a farmer.

MISCELLANEOUS $ 52.53 Approved identification.

(a) Grade marks. The approved grade mark or identification may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by and inspector as meeting the requirements of such grade, quality or classification. The grade marks approved for use shall be similar in form and design to the examples in Figures 1 through 5 of this section.

FIGURE 5.

(b) Inspection marks. The approved inspection marks may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by an inspector as meeting the requirements of such quality or grade classification as may be approved by the Administrator. The inspection marks approved for use shall be similar in form and design to the examples in Figures 6, 7, and 8 of this section.

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