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be as indicated in the example in Figure 4.
U. S. D. A. INSPECTED AND PASSED
play and sale to household consumers, only when such products qualify for the particular grade indicated, in accordance with the consumer grades.
(d) Identification of U.S. Grade Afor further processing. The grade mark indicated in Figure 3A, below, is restricted to turkeys meeting the requirements of $ 70.364. The grade mark may be applied only to master shipping containers and not to individual birds. The block containing the words “For Further Processing" in Figure 3A shall be located as indicated and shall be at least as wide and at least 14 as high as the height of the grade mark. The words "For Further Processing” shall be in the same boldness of type as the wording in the grade mark.
(b) For plants furnished inspection under this part, the inspection mark approved for use on human food products that consist in part of edible parts of poultry from federally inspected poultry and are exempt from classification as poultry products, as set forth in g 81.208 of this chapter (Regulations Governing the Inspection of Poultry and Poultry Products) promulgated pursuant to the Poultry Products Inspection Act, shall be contained within a circle and include the following wording: "Inspected for Wholesomeness by U.S. Department of Agriculture." The form and arrangement of such wording shall be as indicated in the example in Figure 5. The plant number of the official plant shall be set forth if it does not appear on the packaging material.
FIGURE 3A (29 FR 7860, June 20, 1964, as amended at 38 FR 22130, Aug. 16, 1973; 40 FR 20060, May 8, 1975) 8 70.92 Marking inspected products.
(a) For plants furnished inspection under this part, except as otherwise provided in paragraph (b) of this section the inspection mark approved for use on inspected and certified edible products shall be contained within the outline of a hexagon and contain the following wording: “USDA Inspected and passed
Plant No. ------ Voluntary Poultry Inspection Service.” The form and arrangement of such wording shall
DEPARTMENT OF AGRICULTURE
FIGURE 5. (29 F.R. 7860, June 20, 1964)
8 70.93 Marking dressed poultry.
(a) The Administrator is authorized to prescribe and approve the manner in which dressed poultry which was processed in accordance with minimum standards for sanitation, facilities, and operating procedures in official plants may be marked for identification purposes.
(b) With respect to dressed poultry which has been graded or inspected for condition pursuant to $ 70.16, the official identification approved for use shall contain the wording “Dressed PoultryEligible for Further Processing Under USDA Voluntary Poultry Inspection Service." This wording shall be printed on the label and shall not be applied by means of a stencil or rubber stamp. Such identification shall also set forth the applicable plant number and a lot number which shall be the number of the day of the year the poultry was slaughtered, or a coded number to indicate such day of slaughter, the meaning of which shall be made known to the Service. A rubber stamp may be used to Insert the plant number and lot number within the official identification, provided such numbers are applied legibly. This identification may be used only on bulk packages of dressed poultry. It shall not be applied to individual carcasses of dressed poultry or to any poultry that has been eviscerated. The required wording shall be set forth in the manner indicated in Figure 6 of this section and within a rectangle of the form and design illustrated.
equipment and utensils which are to be
grading work. Reports of the work of inspection and grading carried on within official plants shall be forwarded to the Administrator by the inspector and grader in such manner as may be specified by the Administrator. (18 F.R. 6917, Nov. 3, 1953) § 70.121 Information to be furnished to
inspectors and graders. When inspection service or grading service is performed within an official plant, the applicant for such inspection or grading shall furnish to the inspector or grader rendering such service such information as may be required for the purposes of $$ 70.120 to 70.122. (18 F.R. 6917, Nov. 3, 1953) $ 70.122 Reports of violations.
Each inspector and each grader shall report, in the manner prescribed by the Administrator, all violations of and noncompliance with the act and the regulations in this part of which he has knowledge. (18 F.R. 6917, Nov. 3, 1953)
FEES AND CHARGES § 70.130 Payment of fees and charges.
(a) Fees and charges for any grading or inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of this section and $$ 70.131 to 70.141, both inclusive. If so required by the grader or inspector, such fees and charges shall be paid in advance.
(b) Fees and charges for any grading or inspection service shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by check, draft, or money order payable to the Agricultural Marketing Service and remitted promptly to the Service.
(c) Fees and charges for any grading or inspection under a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement. (33 F.R. 20004, Dec. 31. 1968, as amended at 35 FR 9918, June 17, 1970)
ELIGIBLE FOR FURTHER
Under USDA Voluntary Poultry
[29 F.R. 7860, June 20, 1964) $ 70.94 Retention labels.
An inspector or grader may use such labels, devices and methods as may be approved by the Administrator for the identification: (a) of products which are held for further examination, and (b) all
$ 70.131 On a fee basis.
(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. (33 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) 8 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, Juno 17, 1970) 870.133 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
Marketing Service, U.S. Department of The charge for such overtime will be 150 Agriculture (hereinafter referred to as percent of the grader's base salary rate. “AMS”). Such full costs shall comprise (iii) For work performed on a holiday such of the items listed in this section as which is within the established tour of are due and included in the bill or bills duty approved for a plant, the added covering the period or periods during charge will be the same as the grader's which the grading service was rendered. base rate. Bills will be rendered by the 10th day (iv) For work performed between 6 following the end of the billing period in p.m. and 6 a.m., night differential which the service was rendered and are charges (for regular, overtime, or holipayable upon receipt.
day hours worked during this period) (1) A charge to cover the actual cost will be at the applicable rates established to AMS for the travel (including the
plus 10 percent of the base rate. cost of movement of household goods and (v) For all hours of work performed dependents) and per diem with respect
in a plant without an approved tour of to each grader who is transferred from
duty, the charge will be one of the apan official station to the designated head
plicable hourly rates in $ 70.131. quarters when service is inaugurated.
(vi) For work performed by an em(2) A charge for the salary and other
ployee of another Federal agency on a costs, as specified in this subparagraph, part-time basis for the Poultry Division, for each grader while assigned to a plant,
AMS, the charge will be the established except that no charge will be made when hourly rate agreed to between the two the assigned grader is temporarily re
agencies for cross-utilized employees. assigned by AMS to perform grading
(3) A charge of 110 percent of any exservice for other than the applicant. Base
penses incurred (including travel and salary rates will be determined on a na- per diem costs) by each grader assigned tional average for all official plants op
while performing grading service at the erating in States under a Federal Trust applicant's request. Fund Agreement where Federal graders (4) An administrative service charge or a combination of Federal and State equal to 25 percent of the first grader's graders are used, by averaging the sal- salary costs and 15 percent of each addiary rates paid to each full-time Federal tional assigned grader's salary costs. or State grader assigned to such plants.
(b) Other provisions. (1) The appliThere will be two base salary rates- one
cant shall designate in writing the emfor grading service performed at the GS- ployees of the applicant who will be re7 level, and one for grading service per- quired and authorized to furnish each formed at the GS-9 level. Charges to
grader with such information as may be plants are as follows:
necessary for the performance of the (i) For all regular hours of work
grading service. scheduled and approved as an estab
(2) AMS will provide, as available, an lished tour of duty for a plant, the regu
adequate number of graders to perform lar rate charge will be made. The regular
the ading service. The number of rate charge will be determined by adding graders required will be determined by an amount to the base salary rate to
AMS based on the expected demand for cover the costs to AMS for such items as
service. the Employer's Tax imposed under the
(3) The grading service shall be proU.S. Internal Revenue Code (26 U.S.C.)
vided at designated locations and shall for Old Age and Survivor's Benefits
be continued until the service is susunder the Social Security System, retire
pended, withdrawn, or terminated by: ment benefits, group life insurance, sev
(i) Mutual consent; erance pay, sick leave, annual leave, ad
(ii) Thirty (30) days' written notice, ditional salary and travel costs for relief
by either the applicant or AMS specifygrading service, accident payments, cer
ing the date of suspension, withdrawal,
or termination; tain moving costs, and related servicing
(iii) One (1) day's written notice by costs.
AMS to the applicant if the applicant (11) All hours worked by an assigned
fails to honor any invoice within thirty grader or another grader in excess of the (30) days after date of invoice covering approved tour of duty, or worked on a the cost of the grading service; or nonscheduled
or actually (iv) Termination of the service purworked on a holiday in excess of the tour suant to the provisions of the following of duty, will be considered as overtime. subdivision (V) of this subparagraph:
(v) Grading service shall be terminated by AMS at any time AMS, acting pursuant to any applicable laws, rules, and regulations, debars the applicant from receiving any further benefits of the service.
(4) Graders will be required confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by AMS: Provided, That in no instance may the graders assume the duties of management.
(5) When similar nonresident grading services are furnished to the same applicant under Part 55 or Part 56 of this chapter, the charges listed in this section shall not be repeated. (35 F.R. 19328, Dec. 22, 1970, as amended at 36 F.R. 9842, May 29, 1971; 37 F.R. 9458, May 11, 1972; 37 FR 12919, June 30, 1972; 38 FR 35229, Dec. 26, 1973; 39 FR 1829, Jan. 15, 1974) $ 70.138 Continuous grading performed
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 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 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 seryice was rendered and are payable upon receipt.
(1) An inauguration charge of $200 will be made at the time an application for service is signed except when the application is required because of a change in name or ownership. If service is not installed within 6 months from the date the application is filed, or if service is inactive due to an approved request for removal of a grader(s) for a period of 6 months, the application will be consid
ered terminated, but a new application may be filed at any time. In addition there will be a charge of $300 if the application is terminated at the request of the applicant for reasons other than for a change in location, within 12 months from the date of the inauguration of service.
(2) 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 plant when service is inaugurated.
(3) 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 GS–7 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, severence 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, or 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 plus an added 10 percent for administrative overhead charges.