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(a) “Official certificate” means any as the Secretary may require in the form of certification, either written or administration of the regulations in printed, used under this part to certify this part. The Administrator is auwith respect to the sampling, inspection, thorized to waive for limited periods class, grade, quality, size, quantity, or any particular provisions of the regulacondition of products (including the tions to permit experimentation so that compliance of products with applicable new procedures, equipment, and processspecifications).

ing techniques may be tested to facilitate (b) "Official memorandum" means definite improvements and at the same any initial record of findings made by an time to determine full compliance with authorized person in the process of grad- the spirit and intent of the regulations. ing, inspecting, or sampling pursuant to The Agricultural Marketing Service, its this part, any processing or plant- oficers and employees, shall not be liable operation report made by an authorized in damages through acts of commission person in connection with grading, in- or omission in the administration of this specting, or sampling under this part, part. and any report made by an authorized

(20 F.R. 1195, Feb. 26, 1955, as amended at person of services performed pursuant 20 F. R. 4764, July 6, 1955) to this part.

§ 70.4 Grading and inspection service (c) “Official mark" means the grade

available. mark, inspection mark, and any other mark, or any variations in such marks,

The regulations in this part provide

for the following kinds of service; and approved by the Administrator and au

any one or more of the different services thorized to be affixed to any product, or affixed to or printed on the packaging

applicable to official plants may be material of any product, stating that the

rendered in an official plant:

(a) Grading of live poultry. product was graded or inspected or both, or indicating the appropriate U.S. Grade

(b) Certification of dressed poultry or condition of the product, or for main

produced under sanitary requirements in

official plants. taining the identity of products graded or inspected or both under this part, in

(c) Grading of dressed poultry in an cluding but not limited to, those marks

official plant or at other locations with set forth in $$ 70.90 through 70.93.

adequate facilities. (d) “Official identification" means any

(d) Inspection service in an official

plant or at other locations with adequate United States (U.S.) standard designa

facilities. tion of class, grade, quality, size, quan

(e) Grading of ready-to-cook poultry tity, or condition specified in this part

in an official plant or at other locations or any symbol, stamp, label, or seal indi

with adequate facilities. cating that the product has been offi

(f) Grading of poultry food products cially graded or inspected and/or indi

in oficial plants. cating the class, grade, quality, size, quantity, or condition of the product

(29 F.R. 7859, June 20, 1964) approved by the Administrator and au- § 70.5

Nondiscrimination. thorized to be affixed to any product, or The conduct of all services and the liaffixed to or printed on the packaging

censing of graders and inspectors under material of any product.

these regulations shall be accomplished (e) "Official device” means a stamp- without discrimination as to race, color, ing appliance, branding device, stencil,

creed, sex, or national origin. printed label, or any other mechanically

(38 FR 22130, Aug. 16, 1973] or manually operated tool that is ap

BASIS OF SERVICE proved by the Administrator for the purpose of applying any official mark or § 70.10 Inspection service. other identification to any product or

Any inspection service in accordance the packaging material thereof.

with the regulations in this part shall be [20 F.R. 9896, Dec. 23, 1955, as amended at for condition and wholesomeness but, 29 F.R. 7859, June 20, 1964]

with respect to dressed poultry, as such, § 70.3 Administration.

the inspection may be for condition only.

[18 FR 6914, Nov. 3, 1953] The Administrator shall perform for and under the supervision of the Sec

$ 70.11 Grading service. retary, such duties as are prescribed Any grading service in accordance with in the regulations in this part and the regulations in this part shall be for

class, quality, quantity, or condition or any combination thereof. Grading seryice with respect to determination of quality of products shall be on the basis of United States classes, standards, and grades as contained in Subpart C of the regulations in this part. However, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the applicant and such service, when approved by the Administrator, shall be rendered on the basis of such specifications. (18 F. R. 6914, Nov. 3, 1953, as amended at 22 F.R. 8188, Oct. 16, 1957, 29 F.R. 7859, June 20, 1964) 8 70.12 Continuous grading service.

Except as otherwise approved by the area supervisor, continuous grading service in an official plant, other than the service provided in $ 70.4 (b), may be rendered only when a majority of the grader's time each month is utilized in performing grading for quality on the basis of the U. S. standards set forth in Subpart C of the regulations in this part. [20 F.R. 1195, Feb. 26, 1955, as amended at 28 F.R. 7859, June 20, 1984) $ 70.13 Supervision.

All grading service and all inspection service shall be subject to supervision at all times by the responsible station supervisor, State supervisor, circuit supervisor, area supervisor, and national supervisor. Such service shall be rendered in accordance with instructions issued by the Administrator where the facilities and conditions are satisfactory for the conduct of the service and the requisite graders and inspectors are available. Whenever the supervisor of a grader has evidence that such grader incorrectly graded a product, such supervisor shall take such action as is necessary to correct the grading and to cause any improper grade marks which appear on the product or containers thereof to be corrected prior to shipment of the product from the place of initial grading. [26 F.R. 6707, July 27, 1961] $ 70.14 Dressed poultry; eligibility.

Except as otherwise provided in this section, dressed poultry may be graded or inspected under the regulations in this part only if it was processed in an official plant in accordance with the regulations

In this part, or in Part 81 of this chapter, or was imported from a country with an inspection system approved by the Administrator. Squabs and domesticated game birds (including, but not being limited to, quail, grouse, pheasants, and wild species of ducks and geese) which were not dressed in an official plant may be brought into an oficial plant for grad. ing or inspection. In order to facilitate distribution thereof, dressed poultry from other than official plants may be brought into an official plant in instances where the Service has determined that such dressed poultry will be adequately segregated and its form and identity maintained until it is shipped from the official plant. (29 F.R. 7859, June 20, 1964) $ 70.15 Inspection in official plants; ex.

tent required. All dressed poultry that is eviscerated in an oincial plant where inspection seryice is maintained shall be processed in a sanitary manner. Dressed poultry may be eviscerated in such plant without inspection for condition and wholesomeness but uninspected and inspected operations may not be carried on simul. taneously except in plants where processing rooms (including packing rooms) are separate or when, by other acceptable means, effective segregation of inspected and uninspected product is maintained. Evisceration without inspection may be conducted only if an inspector or governmentally employed grader is on duty, at all times when such operations are carried on, for the purpose of (a) effecting adequate segregation of inspected and uninspected products, (b) control of oficial inspection marks and grade marks, and (c) supervision of sanitation in the official plant. No uninspected edible products or uninspected slaughtered rabbits shall be brought into such plant except as may be specifically approved by the Administrator upon written request and only for the purpose of rehandling, reconditioning, packaging, freezing, marking, and further distribution, and only if an inspector or governmentally employed grader is on duty, at all times when such operations are carried on, for the purpose of effecting adequate segregation of uninspected and inspected products and control of official inspection marks and grade marks. [29 FR. 7859, June 20, 1964)

in

8 70.16 Certification of dressed poultry.

With respect to any official plant, dressed poultry, as such, may be certified by a grader as having been processed, handled and packed in accordance with the minimum standards for sanitation, facilities, and operating procedures in official plants. However, in official plants which have available the services of an inspector who is authorized to inspect for condition and wholesomeness, such inspector is also authorized to certify dressed poultry, as such, as having been processed, handled, and packed

accordance with the minimum standards for sanitation, facilities, and operating procedures in official plants. Appropriate grading or inspection processing reports shall be issued with respect thereto as required by the regulations in this part. The bulk containers of such dressed poultry which has been certified as aforesaid, if to be oficially identified, shall be marked for identification purposes as provided in $ 70.93. All of the poultry that is processed in such official plant as dressed poultry, shall be prepared in accordance with the regulations in this part and under the supervision of a grader or inspector. (18 F.R. 6914, Nov. 8, 1953, as amended at 29 F.R. 7859, June 20, 1964) $ 70.17 Examination of ready-to-cook

poultry which was not processed in

official plants. When approved by the Administrator, ready-to-cook poultry which was not processed in an official plant may be examined by a grader or inspector at terminal markets and other receiving points to determine (a) the type and condition of the containers of such poultry, (b) whether or not such poultry is in a frozen or fresh state, (c) the extent of visible damage in instances where the product has been subjected to rough and improper handling, and (d) the class and quantity of the product involved. Such poultry shall not be officially identified as a graded or inspected product. (18 F. R. 6914, Nov. 8, 1958] $ 70.18 Authority to waive provisions of

88 70.14 and 70.15. The Administrator is authorized to walve the provisions of $$ 70.14 and 70.15 which pertain to the entry of uninspected edible products into offcial plants, in specific instances where

poultry is to be brought into compliance with a law under the provisions of a court order. Such poultry shall be handled in an official plant in accordance with such procedures as the Administrator may prescribe to insure proper segregation and identity of the poultry until it is shipped from the official plant. (18 F. R. 6914, Nov. 8, 1958] & 70.19 Processing products for export.

With respect to processing of poultry and poultry food products that are exempted pursuant to Part 81 of this chapter, and are to be exported, the Administrator may waive any particular provision of the regulations in this part that conflicts with the contract specifications of the foreign importer, but such waiver shall not relieve such product of any requirement applicable to it under Part 81 of this chapter. Any product which was prepared for export on the basis of waived provisions pursuant to this section and which for some reason is not exported shall have all oficial marks removed therefrom and from the containers thereof prior to sale for domestic consumption. (23 F. R. 10121, Dec. 24, 1968) 870.20 Facilities to be furnished for use

of graders and inspectors in perform

ing service on a resident basis. Facilities for proper sampling, weighing, and examination of poultry, products, and other articles under the regulations in this part shall be furnished by the official plant for use of inspectors and/or graders in the performance of their duties under the regulations. [26 F.R. 6708, July 27, 1961) $ 70.21 Prerequisites to grading and in.

spection. Grading and inspection of products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator. (18 F.R. 6917, Nov. 3, 1953. Redesignated at 29 F.R. 7859, June 20, 1964) 8 70.22 Accessibility of products.

Each product for which grading seryice or inspection service is requested shall be so placed as to disclose fully its class, quality, quantity, and condition as the circumstances may warrant. (18 F.R. 6917, Nov. 3, 1953. Redesignated at 29 F.R. 7859, June 20, 1964) § 70.23 Schedule of operation of official

plants. Grading operating schedules for services performed pursuant to $ $ 70.137 and 70.138 shall be requested in writing and be approved by the Administrator. Normal operating schedules for a full week consist of a continuous 8-hour period per day (excluding not to exceed 1 hour for lunch), 5 consecutive days per week, within the period of Monday through Saturday, for each shift required. Less than 8-hour schedules may be requested and will be approved if a grader is available. Sundays may not be approved in any tour of duty. Clock hours of daily operations need not be specified in the request, although as a condition of continued approval, the hours of operation shall be reasonably uniform from day to day. Graders are to be notified by management 1 day in advance of any change in the hours grading service is requested. 137 F.R. 12919, June 30, 1972]

PERFORMANCE OF SERVICES $ 70.30 Licensed or authorized 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 possessing proper qualifications as determined by an examination for competency and who is to perform grading service under this part, may be licensed by the Secretary as a grader.

(b) Any person who is a Federal or State employee or the employee of a local

a jurisdiction possessing proper qualifications as determined by an examination for competency, and who is to perform inspection services under this part, may be licensed or otherwise authorized by the Secretary as an inspector.

(c) All licenses issued by the Secretary shall be countersigned by the officer In charge of the poultry grading service or the poultry inspection service of the Agricultural Marketing Service or any other designated oficer of such Service,

(d) Any person who is employed by any official plant and possesses proper qualifications as determined by the Administrator may be authorized to grade poultry on the basis of the U.S. classes,

standards, and grades under the supervision of a grader. No person to whom such authorization is granted shall have authority to issue any grading certifcates, grading memoranda, or other official documents; and all products graded by any such person shall thereafter be check graded by a grader. [29 F.R. 7859, June 20, 1964, as amended at 31 F.R. 2774, Feb. 16, 1968; 35 FR. 19828, Dec. 22, 1970; 37 F.R. 12919, June 30, 1972] $ 70.31 Suspension of license; revoca

tion. Pending final action by the Secretary, any person authorized to countersign a license to perform grading or inspection service may, whenever he deems such action necessary to assure that any grading or inspection services are properly performed, suspend any license to perform grading or inspection service issued pursuant to this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within 7 days after the receipt of the aforesaid notice and statement of reasons, the licensee may file an appeal in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be further suspended or revoked. After the expiration of the aforesaid 7-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 7 days, the license to perform grading or inspection service is revoked. [35 F.R. 19328, Dec. 22, 1970] $ 70.32 Surrender of license.

Each license which is suspended, or revoked, or has expired shall promptly be surrendered by the licensee to his immediate superior. Upon termination of the services of a licensed grader or inspector the licensee shall promptly surrender his license to his immediate superior. [18 F.R. 6915, Nov. 3, 1953) $ 70.33 Identification.

Each grader and inspector shall have in his possession at all times, and present upon request while on duty, the means of identification furnished by the Department to such person. (18 F.R. 6915, Nov. 3, 1953)

$ 70.34 Financial interest of inspectors

and graders. No inspector or grader shall render service on any product in which he is financially interested. [22 FR 8169, Oct. 16, 1957] § 70.35 Political activity.

All graders and inspectors are forbidden during the period of their respective appointments, or licenses, to take an active part in political management or in political campaigns. Political activity in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Willful violation of $$ 70.30 to 70.35 will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees. (35 F.R. 19328, Dec. 22, 1970) APPLICATION FOR GRADING SERVICE OR

INSPECTION SERVICE $ 70.40 Who may obtain grading service

or inspection service. An application for grading service or Inspection service may be made by any interested person, including, but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing. (18 F.R. 6915, Nov. 8, 1953) $ 70.41 How application for service may

be made; conditions of continuous

service. (a) Noncontinuous inspection or grading service on a fee basis. An application for any noncontinuous grading or inspection service on a fee basis may be made in any office of grading or inspection or with any grader or inspector at or nearest the place where the service is desired. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If the application for grading or inspection service is made orally, the office of grading or inspection or the grader or inspector with whom such application is made, or the Administrator, may require that the application be confirmed in writing.

(b) Continuous grading or inspection service on a resident basis or continuous grading service on a nonresident basis. An application for continuous grading or inspection service on a resident basis or for continuous grading service on a nonresident basis must be made in writing on forms approved by the Administrator and filed with the Administrator. Such forms may be obtained at the national, area or State grading or inspection office. In making application, the applicant agrees to comply with the terms and conditions of the regulations (including, but not being limited to, such instructions governing grading and inspection of products as may be issued from time to time by the Administrator). No member of or Delegate to Congress or Resident Commissioner shall be admitted to any benefit that may arise from such service unless derived through service rendered a corporation for its general benefit. (31 F.R. 2775, Feb. 16, 1966) & 70.42 Filing of application.

An application for grading service or inspection service shall be regarded as filed only when made pursuant to the regulations in this part. (18 F.R. 6915, Nov. 3, 1953] $ 70.43 Authority of applicant.

Proof of the authority of any person applying for grading service or inspection service may be required at the discretion of the Administrator. (18 F.R. 6915, Nov. 3, 1953) $ 70.44 Application for inspection serv.

ice or grading service in official

plants; approval. Any person desiring to process and pack products in a plant under grading service or inspection service, or both, must receive approval of such plant and facilities as an official plant prior to the rendition of such service. An application for grading service or inspection service to be rendered in an official plant shall be approved according to the following procedure:

(a) Initial survey. When application has been filed for grading service or inspection service, as aforesaid, the area supervisor, or his assistant, shall examine the plant, premises, and facilities and shall specify any additional or necessary facilities required for the seryice. Appeals with respect to any such

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