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§ 68.608 Grade designation for dockage

free lentils. The grade designation for dockagefree lentils shall include, in the order named, the letters “U.S."; the number of the grade or the words "Sample grade" when applicable; the name of each applicable special grade; and the name of the class. The grade designation for the class Mixed Lentils shall include, following the words "Mixed Lentils,” the name and approximate percentage of each class of lentils in the mixture, in the order of predominance. SPECIAL GRADES, SPECIAL GRADE REQUIRE

MENTS, AND SPECIAL GRADE DESIGNATIONS $ 68.609 Special grades and require

ments. The following special grades shall be applicable:

(a) Large lentils. Lentils of the class Lentils of which not more than 3.0 percent will readily pass through a 15/64 round-hole sieve.

(b) Small lentils. Lentils of the class Lentils of which 95 percent or more will readily pass through a 1564 round-hole sieve, not less than 80 percent will readily pass through a 1964 round-hole sieve, and not more than 3 percent will readily pass through a %4 round-hole sieve. $ 68.610 Special grade designation.

Large lentils and Small lentils shall be graded and designated according to the grade requirements of the standards otherwise applicable to lentils, and there shall be added to and made a part of the grade designation preceding the name of the class, the applicable term “Large” or “Small.” 8 68.611 Thresher-run lentils.

Thresher-run lentils shall be inspected without reference to grade in accordance with instructions shown in Inspection Handbook HB-1 (see $ 68.606).

(a) Factor determinations: Thresherrun lentils may be inspected for the following factors: Class, dockage, weevil-damaged lentils, heat-damaged lentils, damaged lentils, split lentils, foreign material, and color description.

(b) The percentage of defective lentils and foreign material shall be combined and shown on the certificate as "total defects and foreign material."

PART 70 GRADING AND INSPECTION

OF POULTRY AND EDIBLE PROD-
UCTS THEREOF; AND UNITED STATES
CLASSES, STANDARDS, AND GRADES
WITH RESPECT THERETO
Subpart A-Grading and Inspection of Poultry
and Edible Products Thereof

GENERAL Sec. 70.1 Definitions. 70.2 Designation of official certificates

memoranda, marks, other identifcations, and devices for purposes

of the Agricultural Marketing Act. 70.3 Administration. 70.4 Grading and inspection services

available. 70.5 Nondiscrimination.

BASIS OF SERVICE 70.10 Inspection service. 70.11 Grading service. 70.12 Continuous grading service. 70.13 Supervision. 70.14 Dressed poultry; eligibility. 70.15 Inspection in oficial plants; extent

required. 70.16 Certification of dressed poultry. 70.17 Examination of ready-to-cook poul.

try which was not processed in of

facial plants. 70.18 Authority to walve provisions of

$$ 70.14 and 70.15. 70.19 Processing products for export. 70.20 Facilities to be furnished for use of

graders and inspectors in perform

ing service on a resident basis. 70.21 Prerequisites to grading and inspec

tion. 70.22 Accessibility of products. 70.23 Schedule of operation of official

plants.

PERFORMANCE OF SERVICES 70.30 Licensed or authorized graders and

inspectors. 70.31 Suspension of license; revocation. 70.32 Surrender of license. 70.33 Identification. 70.34 Financial interest of inspectors and

graders. 70.35 Political activity. APPLICATION FOR GRADING SERVICE OR

INSPECTION SERVICE 70.40 Who may obtain grading service or GRADING Sec. 70.180 General. 70.181 Live poultry. 70.182 Dressed poultry. 70.183 Ready-to-cook poultry and specified

inspection service. 70.41 How application for service may be

made; conditions of continuous

service. 70.42 Filing of application. 70.43 Authority of applicant. 70.44 Application for inspection service or

grading service in official plants; approval.

poultry food products.

BASIS OF ACCEPTABILITY OF OTHER OTTICIAL

INSPECTION SYSTEMS

70.190 General, 70.191 Requirements as to manner of

inspection. 70.192 Determining compliance with

8 70.191.

GRADING CERTIFICATIONS

70.200 Forms. 70.201 Issuance and disposition. 70.202 Advance information.

APPEAL OF A GRADING OR DECISION

Sec.
70.46 Rejection of application.
70.46 Withdrawal of application.
70.47 Order of service.
70.48 Suspension of plant approval.

DENIAL OF SERVICE 70.60 Debarment. 70.61 Misrepresentation, deceptive, or

fraudulent acts or practices. 70.62 Use of facsimile forms. 70.63 Wilul violation of the regulations. 70.64 Interfering with a grader, inspector

or employee of Service. 70.65 Misleading labeling. 70.66 Miscellaneous.

IDENTIFYING AND MARKING PRODUCTS 70.90 Approval of oicial identification and

wording on labels. 70.91 Marking graded products. 70.92 Marking inspected products. 70.93 Marking dressed poultry. 70.94 Retention labels.

REPORTS 70.120 Report of inspection work and grad

ing work. 70.121 Information to be furnished to in

spectors and graders. 70.122 Reports of violations.

FENES AND CHARGES 70.130 Payment of fees and charges. 70.131 On a fee basis. 70.132 Fees for appeal grading, laboratory

analyses or examination or review

of a grader's decision. 70.133 Laboratory analyses. 70.135 Fees for additional copies of grad

ing certificates and inspection cer

tificates. 70.136 Travel expenses and other charges. 70.137 Charges for continuous grading per

formed on a nonresident basis. 70.138 Continuous grading performed on a

resident basis. 70.139 Foes or charges for grading service

performed under cooperative agree

ment. 70.140 Disposition of fees for inspections

made under cooperative agreement. 70.141 Charges for inspection service.

INSPECTION PROCEDURES 70.150 Manner of handling products in an

[blocks in formation]

oficial plant.

BASIS; SUPERVISION

70.250 Basis of providing Federal-State in

spection service. 70.251 Supervision.

CONDITIONS

70.252 Regulations.
70.253 Duties of the Federal-State super-

visor.
70.254 Employment and licensing of State

inspectors. 70.255 Duties of State-employed inspectors. 70.256 Replacement of Federal inspectors. 70.257 Collection of fees. 70.258 Reimbursement of AMS by State

cooperating agency. Subpart C—United States Classes, Standards,

and Grades for Poultry UNITED STATES CLASSES OF LIVE POULTRY,

DRESSED POULTRY, AND READY-TO-COOK

POULTRY
70.300 General.
70.301 Chickens.

INSPECTION CERTD ICATES

70.170 Forms of inspection certificates. 70.171 Issuance and disposition of dressed

poultry inspection certificates. '70.172 Food product inspection certificates;

issuance and disposition. 70.173 Export certificates. 70.174 Advance information.

Sec. 70.302 Turkeys. 70.308 Ducks. 70.304 Geese. 70.305 Guineas. 70.306 Pigeons. UNITED STATES STANDARDS FOR QUALITY OF

LIVE POULTRY

GENERAL

70.320 General.

STANDARDS OF QUALITY

70.325 A Quality or No. 1 Quality. 70.326 B Quality or No. 2 Quality. 70.327 C Quality or No. 8 Quality. 70.328 “Reject." UNITED STATES STANDARDS POR QUALITY OF DRESSED POULTRY,

AND READY-TO-COOK POULTRY AND SPECIFIED POULTRY FOOD PRODUCTS

GEN FRAL 70.350 General.

STANDARDS FOR QUALITY OF DRESSHD AND READY•

TO-COOK POULTRY

70.353 A Quality. 70.354 B Quality. 70.355 C Quality. STANDARDS VOR QUALITY OF SPECIFIED POUL

TRY FOOD PRODUCTS 70.356 Poultry roast-A Quality. 70.357 Boneless poultry breast and thigh

A Quality. UNITED STATES GRADES FOR DRESSED POULTRY, READY-TO-COOK POULTRY

AND SPECIFIED POULTRY FOOD PRODUCTS

Subpart A-Grading and Inspection

of Poultry and Edible Products Thereof

GENERAL 8 70.1 Definitions.

Unless the context otherwise requires, the following terms shall have the following meaning:

“Acceptable” means suitable for the purpose intended and acceptable to the Service.

"Act” means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621 et seq.) or any other act of Congress conferring like authority.

Administrator" means the Administrator of the Agricultural Marketing Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead.

“Applicant" means any interested person who requests any inspection service or grading service.

“Area supervisor” means any employee of the Department in charge of poultry grading service or poultry inspection service in a designated geographical area.

"Carcass” means any poultry carcass.

“Circuit supervisor" or "technical supervisor" means the officer in charge of the poultry inspection service or the poultry grading service in a circuit consisting of a group of stations within an area.

"Class" means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind.

“Condition" means any condition, including but not being limited to, the state of preservation, cleanliness, or soundness of any product; or any condition, including but not limited to, the processing, handling, or packaging which affects such product.

“Condition and wholesomeness” means the condition of any product and its healthfulness and fitness for buman food.

"Department” means the United States Department of Agriculture.

“Dressed poultry" means poultry which has been slaughtered for human food with head, feet, and viscera intact,

GENERAL 70.360 General, UNITED STATES CONSUMER GRADES FOR READY

TO-COOK POULTRY AND SPECIFIED POULTRY Food PRODUCTS

GRADES

70.361 U.S. Grade A. 70.362 U.S. Grade B. 70.363 U.S. Grade C. UNITED STATES READY-TO-COOK GRADE FOR

FURTHER PROCESSING 70.364 U.S. Grade A-for further processing. UNITED STATES PROCUREMENT GRADES TOB

READY-TO-COOK POULTRY

GRADES

70.367 U.S. Procurement Grade I. 70.368 U.S. Procurement Grade II.

AUTHORITY: The provisions of this part 70 issued under secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624.

NOTE: Nomenclature changes in Part 70 appear at 37 F.R. 8059, Apr. 25, 1972.

and from which the blood and feathers have been removed.

"Edible product" means any product other than live poultry and dressed poultry.

"Food product containing poultry product” means any articles of food for human consumption which is prepared in part from any edible portion of poultry, if such edible portion does not comprise a substantial portion of such article of food.

"Free from protruding pinfeathers” means that the carcass is free from protruding pinfeathers which are visible to an inspector or grader during an examination of the carcass at normal operating speeds. However, a carcass may be considered as being free from protruding pinfeathers if it has a generally clean appearance (especially on the breast), and if not more than an occasional protruding pinfeather is in evidence during a more careful examination of the carcass.

"Giblets" means the following organs when properly trimmed and washed: the liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed, and the gizzard from which the lining and contents have been removed.

“Grader" means any Federal or State employee to whom a license has been issued by the Secretary, to investigate and certify in accordance with the regulations in this part, the class, quality, quantity, or condition of products.

“Grading" or "grading service" means: (1) The act whereby a grader determines, according to the regulations in this part, the class, quality, quantity, or condition of any product by examining each unit thereof or each unit of the representative sample thereof drawn by a grader, and issues a grading certificate with respect thereto, except that with respect to grading service performed on & resident basis the issuance of a grading certificate shall be pursuant to a request therefor by the applicant or the Service; (2) the act whereby the grader identifies, according to the regulations in this part, the graded product; (3) with respect to any official plant, the act whereby a grader determines that the product in such plant was processed, handled, and packaged in accordance with $ 70.240; or (4) any regrading or any appeal grading of a previously graded product.

“Grading certificate” means a statement, either written or printed, issued by a grader, pursuant to the regulations in this part, relative to the class, quality, quantity, or condition of a product.

“Holiday” or “Legal Holiday" shall mean the legal public holidays specified by the Congress in paragraph (a) of section 6103, title 5 of the United States Code.

“Identify” means to apply official identification to products or the containers thereof.

"Inspected and certified" or "certified" means, with respect to any product, that it has undergone an inspection and was found, at the time of such inspection, to be sound, wholesome, and fit for human food.

"Inspection," "inspection service," or "inspection of products for condition and wholesomeness" means any inspection by an inspector to determine, in accordance with the regulations in this part, (1) the condition and wholesomeness of any edible product at any stage of the preparation or packaging thereof in the official plant where inspected and certified, or (2) the condition and wholesomeness of any previously inspected and certified product if such product has not lost its identity as an inspected and certified product. In addition to the foregoing, the terms “inspection" and “inspection service" shall each mean any Inspection by an inspector to determine, in accordance with the regulations in this part, the condition of dressed poultry as it is affected by its processing, handling or packaging, or any antemortem examination of poultry.

"Inspection certificate” means a statement, either written or printed, issued by an inspector, pursuant to the regulations in this part, relative to the condition or wholesomeness of products.

"Inspector" means any person who is authorized by the Secretary to investigate and certify in accordance with the regulations in this part, the condition and wholesomeness of products or the condition of dressed poultry. An inspector may be either an employee of the Department or of a State; he may be a graduate veterinarian or a layman.

"Interested party" means any person financially interested in a transaction involving any inspection or grading.

or

"National supervisor” means (1) the gus, entrails, reproductive organs and officer in charge of the poultry inspection lungs have been removed, and with or service of the Agricultural Marketing without the giblets, and which is ready Service, (2) the officer in charge of the to cook without need of further processpoultry grading service of the Agricul- ing. Ready-to-cook poultry also means tural Marketing Service, or (3) such any cut-up or disjointed portion of such other officers or employees of the Depart- poultry or any edible part thereof. ment who may be so designated by the "Regulations" means the provisions of oficer in charge of the poultry inspec- this entire part and such United States tion service or poultry grading service of classes, standards, and grades for prod. the Agricultural Marketing Service.

ucts as may be in effect at the time gradOffice of grading" means the office ing or inspection is performed. of any grader.

"Secretary" means the Secretary of the “Oficial plant” or “oficial establish- Department, or any other officer or emment” means one or more buildings, or ployee of the Department to whom there parts thereof, comprising a single plant has heretofore been delegated, or to in which the facilities and methods of whom there may hereafter be delegated, operation therein have been approved by the authority to act in his stead. the Administrator as suitable and ade- “Service" means the Agricultural Marquate for operation under inspection or

keting Service of the Department. grading service and in which inspection

“Soundness" means freedom from exor grading is carried on in accordance

ternal evidence of any disease or condiwith the regulations in this part.

tion which may render a carcass or prod"Person” means any individual, part

uct unfit for food. nership, association, business trust, cor

“State supervisor" or "Federal-State poration, or any organized group of per

supervisor” means any authorized and sons, whether incorporated or not.

designated individual who is in charge "Potable water" means water that has

of the poultry grading service or the been approved by the State health au

poultry inspection service in a State. A thority as safe for drinking and suitable

State supervisor a Federal-State for food processing.

supervisor of poultry inspection service “Poultry" means any kind of domesti

shall be a veterinarian and a Federal cated bird, including, but not being limited to chickens, turkeys, ducks, geese,

employee.

"Station supervisor” means any aupigeons, and guineas.

thorized individual who is designated to "Poultry food product" means any

supervise the poultry grading service or article of human food or any article in

the poultry inspection service in a large tended for or capable of being so used

official plant or in a group of several which is prepared or derived in whole or

smaller plants. in substantial part, from any edible part

[29 F.R. 7858, June 20, 1964, as amended at or parts of poultry.

36 F.R. 19301, Oct. 2, 1971) "Poultry grading and inspection service" means the personnel who are ac- $ 70.2 Designation of official certificates, tively engaged in the administration, memoranda, marks, other identificaapplication, and direction of poultry

tions, and devices for purposes of the grading and inspection programs and

Agricultural Marketing Act. services pursuant to the regulations in Subsection 203(h) of the Agricultural this part.

Marketing Act of 1946, as amended by "Product” means each of the follow- Public Law 272, 84th Congress, provides ing: (1) Dressed poultry; (2) ready-to- criminal penalties for various specified cook poultry; (3) poultry food product; offenses relating to oficial certificates, (4) food product containing poultry memoranda, marks or other identificaproduct; and (5) with respect to grading tions, and devices for making such marks service only, live poultry.

or identifications, issued or authorized “Quality" means the inherent proper- under section 203 of said act, and certain ties of any product which determine its misrepresentations concerning the inrelative degree of excellence.

spection or grading of agricultural prod“Ready-to-cook poultry" means any

ucts under said section. For the purdressed poultry from which the protrud- poses of said subsection

and

the ing pinfeathers, vestigial feathers (hair provisions in this part, the terms listed or down as the case may be), head, in this section shall have the respective shanks, crop, oil gland, trachea, esopha- meaning specified:

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