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8 70.131 On a fee basis.

a (a) Unless otherwise provided in this part, the fees to be charged and collected for any service (other than for an appeal grading) performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b) Fees for grading services will be based on the time required to perform such services for class, quality, quantity (weight test), or condition, whether live, dressed, or ready-to-cook poultry is involved. The hourly charge shall be $14 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c) Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $18.48 per hour. Information on legal holidays is available from the Supervisor.

(d) The charges for inspection services will be based on the time required to perform such services. The hourly rate shall be $12.40 for base time and $12.40 for overtime and holiday work. 133 P.R. 20004, Dec. 21. 1968, as amended at 37 FR 4174, Feb. 29, 1972; 40 FR 49784, Oct. 24, 1975; 40 FR 53993, Nov. 20, 1975) $ 70.132 Fees for appeal grading, lab

oratory analyses or examination or

review of a grader's decision. (a) The fee to be charged for any appeal grading, or laboratory analysis or examination shall be based on the hourly rates as specified in $ 70.131 (b) or (c). If the result of the appeal grading, or laboratory analysis or examination discloses that a material error was made in the original grading, analysis or examination, no fee will be charged.

(b) No fee shall be charged for the appeal under $ 70.211(a) of a grader's decision unless special travel was necessary to perform the appeal service and the grader's decision was upheld on the appeal. In such cases, the fee shall be based on the hourly rates as specified in § 70.131 (b) or (c). (35 F.R. 9918, June 17, 1970) § 70.133 Laboratory analysis.

(a) Fees and charges for any laboratory analysis or examination, performed by the Poultry Division in connection with grading of poultry or poultry prod

ucts, or inspection of egg products, made under this part shall be assessed and collected in accordance with the provisions for fees and charges for such seryices as contained in Part 55 of this chapter.

(b) Charges for any laboratory analysis or laboratory examination, performed by the Meat and Poultry Inspection Program, in connection with inspection of poultry or poultry products under this part shall be $16.88 per hour. (37 FR 4174, Feb. 29, 1972, as amended at 38 FR 30734, Nov. 7, 1973] $ 70.135 Fees for additional copies of

grading certificates and inspection

certificates. Additional copies, other than those provided for in $$ 70.171 to 70.173, 70.201 and 70.211, of any grading certificates or inspection certificates may be supplied to any interested party upon payment of a fee of $2.00 for each set of five or fewer copies. (19 F.R. 1638, Mar. 26, 1954, as amended at 29 F.R. 7710, June 17, 1964] § 70.136 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 with rendering inspection or grading service. Such charges shall include the costs of transportation, per diem, and any other expenses. Expenses are to be charged on an appeal certificate regardless of the grading results. Ten percent of the total expenses shall be added to cover administrative costs of the Department. The minimum expense charge shall be $0.50 per certificate. [33 F.R. 20005, Dec. 31, 1968) 70.137 Charges for continuous grad.

ing 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. The fees to be charged for any appeal grading shall be as provided in § 70.132.

(a) Charges. The charges for the grading of poultry and edible products thereof shall be paid by the applicant for the service and shall include items listed in this section as are applicable. Payment for the full cost of the grading service rendered to the applicant shall be made by the applicant to the Agricultural

a

Marketing Service, U.S. Department of Agriculture (hereinafter referred to as “AMS”). Such full costs shall comprise such of the items listed in this section as are due and included in the bill or bills covering the period or periods during which the grading service was rendered. Bills will be rendered by the 10th day following the end of the billing period in which the service was rendered and are payable upon receipt.

(1) A charge to cover the actual cost to AMS for the travel (including the cost of movement of household goods and dependents) and per diem with respect to each grader who is transferred from an official station to the designated headquarters when service is inaugurated.

(2) A charge for the salary and other costs, as specified in this subparagraph, for each grader while assigned to a plant, except that no charge will be made when the assigned grader is temporarily reassigned by AMS to perform grading service for other than the applicant. Base salary rates will be determined on a national average for all official plants operating in States under a Federal Trust Fund Agreement where Federal graders or a combination of Federal and State graders are used, by averaging the salary rates paid to each full-time Federal or State grader assigned to such plants. There will be two base salary rates—one for grading service performed at the GS7 level, and one for grading service performed at the GS-9 level. Charges to plants are as follows:

(i) For all regular hours of work scheduled and approved as an established tour of duty for a plant, the regular rate charge will be made. The regular rate charge will be determined by adding an amount to the base salary rate to cover the costs to AMS for such items as the Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.) for Old Age and Survivor's Benefits under the Social Security System, retirement benefits, group life insurance, severance pay, sick leave, annual leave, additional salary and travel costs for relief grading service, accident payments, certain moving costs, and related servicing costs.

(ii) All hours worked by an assigned grader or another grader in excess of the approved tour of duty, or worked on a nonscheduled workday, actually worked on a holiday in excess of the tour of duty, will be considered as overtime.

The charge for such overtime will be 150 percent of the grader's base salary rate.

(iii) For work performed on a holiday which is within the established tour of duty approved for a plant, the added charge will be the same as the grader's base rate.

(iv) For work performed between 6 p.m. and 6 a.m., night differential charges (for regular, overtime, or holiday hours worked during this period) will be at the applicable rates established plus 10 percent of the base rate.

(v) For all hours of work performed in a plant without an approved tour of duty, the charge will be one of the applicable hourly rates in $ 70.131.

(vi) For work performed by an employee of another Federal agency on a part-time basis for the Poultry Division, AMS, the charge will be the established hourly rate agreed to between the two agencies for cross-utilized employees.

(3) A charge of 110 percent of any expenses incurred (including travel and per diem costs) by each grader assigned while performing grading service at the applicant's request.

(4) An administrative service charge equal to 25 percent of the first grader's salary costs and 15 percent of each additional assigned grader's salary costs.

(b) Other provisions. (1) The applicant shall designate in writing the employees of the applicant who will be required and authorized to furnish each grader with such information as may be necessary for the performance of the grading service.

(2) AMS will provide, as available, an adequate number of graders to perform the grading service. The number of graders required will be determined by AMS based on the expected demand for service.

(3) The grading service shall be provided at designated locations and shall be continued until the service is suspended, withdrawn, or terminated by:

(i) Mutual consent;

(ii) Thirty (30) days' written notice, by either the applicant or AMS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by AMS to the applicant if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or

(iv) Termination of the service pursuant to the provisions of the following subdivision (v) of this subparagraph:

or

(v) Grading service shall be termi- ered terminated, but a new application nated by AMS at any time AMS, acting may be filed at any time. In addition pursuant to any applicable laws, rules, there will be a charge of $300 if the apand regulations, debars the applicant plication is terminated at the request from receiving any further benefits of the of the applicant for reasons other than service.

for a change in location, within 12 (4) Graders will be required to con- months from the date of the inaugurafine their activities to those duties neces- tion of service. sary in the rendering of grading service (2) A charge to cover the actual cost and such closely related activities as may to AMS for the travel (including the be approved by AMS: Provided, That cost of movement of household goods in no instance may the graders assume and dependents) and per diem with rethe duties of management.

spect to each grader who is transferred (5) When similar nonresident grading from an official station to the designated services are furnished to the same appli- plant when service is inaugurated. cant under Part 55 or Part 56 of this

(3) A charge for the salary and other chapter, the charges listed in this sec- costs, as specified in this subparagraph, tion shall not be repeated.

for each grader while ass ned to a 135 F.R. 19328, Dec. 22, 1970, as amended at plant, except that no charge will be made 36 F.R. 9842, May 29, 1971; 37 F.R. 9458, when the assigned grader is temporarily May 11, 1972; 37 FR 12919, June 30, 1972;

reassigned by AMS to perform grading 38 FR 35229, Dec. 26, 1973; 39 FR 1829, Jan. 15, 1974]

service for other than the applicant. Base

salary rates will be determined on a $ 70.138 Continuous grading performed national average for all official plants on a resident basis.

operating in States under a Federal Trust Fees to be charged and collected for Fund Agreement where Federal graders any grading service, other than for an or a combination of Federal and State appeal grading, on a resident grading graders are used, by averaging the salbasis, shall be those provided in this ary rates paid to each full-time Federal section. The fees to be charged for any or State grader assigned to such plants. appeal grading shall be as provided in There will be two base salary rates---one § 70.132.

for grading service performed at the (a) Charges. The charges for the GS–7 level, and one for grading service grading of poultry and edible products performed at the GS-9 level. Charges to thereof shall be paid by the applicant plants are as follows: for the service and shall include items (i) For all regular hours of work listed in this section as are applicable. scheduled and approved as an established Payment for the full cost of the grad- tour of duty for a plant, the regular rate ing service rendered to the applicant charge will be made. The regular rate shall be made by the applicant to the charge will be determined by adding an Agricultural Marketing Service, U.S. De- amount to the base salary rate to cover partment of Agriculture (hereinafter the costs to AMS for such items as the referred to as “AMS”). Such full costs Employer's Tax imposed under the U.S. shall comprise such of the items listed Internal Revenue Code (26 U.S.C.) for in this section as are due and included Old Age and Survivor's Benefits under in the bill or bills covering the period the Social Security System, retirement or periods during which the grading benefits, group life insurance, severence service was rendered. Bills will be ren- pay, sick leave, annual leave, additional dered by the 10th day following the end salary and travel costs for relief gradof the billing period in which the serv- ing service, accident payments, certain ice was rendered and are payable upon moving costs, and related servicing receipt.

costs. (1) An inauguration charge of $200 (ii) All hours worked by an assigned will be made at the time an application grader or another grader in excess of for service is signed except when the ap- the approved tour of duty, or worked on plication is required because of a change a nonscheduled workday, or actually in name or ownership. If service is not worked on a holiday in excess of the tour installed within 6 months from the date of duty, will be considered as overtime. the application is filed, or if service is The charge for such overtime will be 150 inactive due to an approved request for percent of the grader's base salary rate removal of a grader(s) for a period of plus an added 10 percent for adminis6 months, the application will be consid- trative overhead charges.

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agreement as may be due the United States shall be remitted to the Service. (18 F. R. 6918, NOV. 8, 1958; 19 F. R. 67, Jan. 6, 1954) $ 70.141 Charges for inspection service.

(a) Charges for rendering continuous inspection services on a year-round basis shall be at the hourly rates provided for in $ 70.131(d) when such services are required 4 or more hours per day. When inspection services are performed on an intermittent basis, the charges shall be at the hourly rates provided for in $ 70.131(d), plus the travel expense and other charges provided for in g 70.136.

(b) Surveys made pursuant to the regulations (Part 81 of this chapter) under the Poultry Products Inspection Act will be accepted for the purposes of $ 70.44, otherwise the charge shall be at the rate specified in $ 70.131, plus the travel expense. (36 F.R. 3799, Feb. 27, 1971)

INSPECTION PROCEDURES $ 70.150 Manner of handling products

in an official plant. Unless otherwise specified in the regulations in this part or by the Administrator, products which are to be further processed under inspection in an official plant shall be prepared and handled in such official plant under the supervision of an inspector, and the inspection procedures used in this part shall, where applicable, be the same as those provided in $S 81.61 through 81.110 of this chapter. (29 F.R. 7861, June 20, 1964)

INSPECTION CERTIFICATES & 70.170 Forms of inspection certifi.

cates. Each inspection certificate issued pursuant to the regulations in this part shall be approved by the Administrator as to form, and:

(a) Each dressed poultry inspection certificate shall show the class or classes of poultry, the quantity of product contained in the respective lot, and all pertinent information concerning the condition and wholesomeness thereof;

(b) Each food product inspection certificate shall show the names of the edible products covered by such certificate, the quantity of each such product, such shipping marks as are necessary to identify such products, and all pertinent information concerning the condition and wholesomeness thereof;

(c) Each export inspection certificate issued pursuant to the regulations in this part shall show the respective name of the exporter and the consignee, the destination of the products, the shipping marks, the names of the products, the total net weight thereof, and such other inform tion as the Administrator may prescribe or approve. (18 F.R. 6920, Nov. 3, 1953, as amended at 27 F.R. 8098, Aug. 15, 1962) $ 70.171 Issuance and disposition of

dressed poultry inspection certifi.

cates. (a) Upon the request of an interested party, any inspector is authorized to issue a dressed poultry inspection certificate with respect to any lot of dressed poultry inspected by him. Each certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot.

(b) The original and a copy of each inspection certificate, issued pursuant to $$ 70.170 to 70.174, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the office of the area supervisor serving the area in which the inspection was performed, and the remaining copies to be disposed of in such manner as the Administrator may approve. Additional copies of any such certificate may be furnished to any interested party as provided in § 70.135. (18 FR 6920, Nov. 3, 1953, as amended at 20 FR 1195, Feb. 26, 1955, 22 FR 8169, Oct. 16, 1957] § 70.172 Food product inspection cer

tificates; issuance and disposition. (a) Upon the request of an interested party, any inspector is authorized to issue a food product inspection certificate with respect to any inspected and certified edible product after suitable examination of the product has been made by the inspector.

(b) The original of each food product inspection certificate, and not to exceed two copies thereof, if requested, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Another copy shall be

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