Cumulative sample sizes, n., and acceptance numbers c, and rejection numbers, r, for multiple sampling.

1222

18024

C

с T

Ne

0 3 10 0 3

10 0 3

12 0 4

n C 14 0

14 1 4

16 0 4

20 0

1 3

18 1 4

20 1 5

26 1

14 -2 3

1459677

1 These multiple sampling plans may be used in lieu of the single sampling plans listed at the heading of each column. [22 F.R. 3535, May 22, 1957, as amended at 23 F.R. 5001, July 1, 1958]

§ 52.39 Issuance of certificate of sampling.

Each inspector and each licensed sampler shall prepare and sign a certificate of sampling to cover the samples drawn by the respective person, except that an inspector who inspects the samples which he has drawn need not prepare a certificate of sampling. One copy of each certificate of sampling prepared shall be retained by the inspector or licensed sampler (as the case may be) and the original and all other copies thereof shall be disposed of in accordance with the instructions of the Administrator.

§ 52.40

Identification of lots sampled.

Each lot from which officially drawn samples are selected shall be marked in such manner as may be prescribed by the Administrator, if such lots do not otherwise possess suitable identification. FEES AND CHARGES

§ 52.41 Payment of fees and charges. Fees and charges for any inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of the regulations in this part, and, if so required by the person in charge of the office of inspection serving the area where the services are to be performed, an advance of funds prior to rendering inspection service in an amount suitable to the Administrator, or a surety bond suitable to the Administrator, may be required as a guarantee of payment for the services rendered. All fees and charges for any inspection service performed pursuant to the regulations in this part shall be paid by check, draft, or money order payable to the Consumer and Marketing Service and remitted to the office of inspection serving the area in which the services are performed, within ten (10) days from the date of billing, unless otherwise specified in a contract between the applicant and the Administrator, in which latter event the contract provisions shall apply.

strumentality thereof, shall be at the rate of $10 per hour.

(b) Unless otherwise provided in this part, the respective fees for inspection services performed under this part on officially drawn samples shall be based on the applicable rates specified in this section plus the applicable charges for such micro, chemical, and certain other special analyses specified in § 52.47 which may be requested by the applicant or required by the inspector to determine the quality or condition of the processed product.

OFFICIALLY DRAWN SAMPLES

(1) For sampling, checkloading, condition of container examination or for any related services, or any combination thereof, including travel time as provided for in § 52.51-$10 per hour.

(2) For determining the quality and condition of the processed product by examination of the sample, the rate as listed in (i) through (ix) of this subdivision (2) for the applicable method of preservation:

(i) Canned or similarly processed fruits and vegetables, except canned pineapple and canned pineapple juice packed and inspected in Puerto Rico.

For each lot packed in containers of a volume not exceeding that of a No. 12 size can (603 x 812): Minimum fee for 200 cases, or less--- $10.00 For each additional 100 cases, or fraction thereof, but not in excess of a total of 5,000 cases___ For each additional 100 cases, or fraction thereof, in excess of a total of 5,000 cases--.

1.00

0.75

Same as officially drawn sample.

(d) The fee for any inspection service performed on any processed product not included in paragraphs (b) and (c) of this section shall be at the rate of $10 per hour for the time (including travel time as provided for in § 52.51) required by the inspector in performing the inspection service.

[35 F.R. 10490, June 27, 1970]

§ 52.43

Fees to be charged and collected for sampling when performed by a licensed sampler.

Such sampling fees as are specifically prescribed by the Administrator in connection with the licensing of the particular sampler (which fees are to be prescribed in the light of the sampling work to be performed by such sampler and other petinent factors) may be assessed and collected by such licensed sampler directly from the applicant: Provided, That if such licensed sampler is an employee of a State, the appropriate authority of that State may make the collection, or they may be assessed and collected by the office of inspection serving the area where the services are performed.

§ 52.44 Inspection fees when charges for sampling have been collected by a licensed sampler.

For any lot of processed products from which a sample is drawn by a licensed sampler and the applicable sampling fee is collected by the licensed sampler or appropriate authority, as provided in § 52.43, the fees for other inspection services with respect to such lot shall not include charges for sampling.

[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 are made at the request of the applicant and are not in connection with an inspection to determine the quality or condition of the product, the applicable charge shall be increased by 50 percent.

Sulphur dioxide (distillation method).

Sodium

Water-insoluble-inorganic-residue.. Water insoluble solids..

Worm larvae and insect fragment count...

analysis

§ 52.48 Fees and charges not otherwise provided for; and situations when 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 $10 per hour.

[35 F.R. 10491, June 27, 1970]

§ 52.49 Charges for copies of score sheets.

If the applicant for inspection service requests one or more copies of a score 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 $5 per copy: Provided, That no charge shall be made for one copy if requested in conjunction with the request for inspection.

[35 F.R. 10491, June 27, 1970]

§ 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 $5 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 June 29, 1970 (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 possible, cover the cost of the service rendered; (2) the increases in fee rates set forth herein are necessary to more nearly cover such cost including, but not limited to, Federal employee salary adjustments; and (3) additional time is not required by users of the inspection service to comply with this amendment.

[35 F.R. 10491, June 27, 1970]

§ 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 an administrative agency charged with the administration of a similar program operated pursuant to the laws of any State.