inspection mark, as aforesaid; and the label shall also bear, in such manner as may be prescribed or approved by the Administrator, the plant number, if any, of the official plant in which such product was inspected and certified.

(c) Labels in foreign languages. Any trade label to be affixed to a container of any edible products for foreign commerce may be printed in a foreign language. However, the inspection mark shall appear on the label in English, but, in addition, may be literally translated into such foreign language. Each such trade label which is to be printed in a foreign language must be approved pursuant to §§ 54.60 to 54.63.

(₫) Unauthorized use or disposition of approved labels. (1) Labels approved for use pursuant to §§ 54.60 to 54.63 shall be used only for the purpose for which approved and shall not otherwise be disposed of from the plant for which approved except with written approval of the Administrator. Any unauthorized use or disposition of approved labels or labels bearing official identification may result in cancellation of the approval and denial of the use of labels bearing official identification or denial of the benefits of the act pursuant to the provisions of § 54.60.

(2) The use of simulations or imitations of any official identification by any person is prohibited.

(e) Rescindment of approved labels. Once a year, or more often, if requested, each applicant shall submit to the Administrator a list in triplicate of approved labels that have become obsolete, accompanied with a statement that such approvals are no longer desired. The approvals shall be identified by the date of approval, and the name of product or other designation showing the class of material.

SUPERVISION OF MARKING AND PACKAGING § 54.70 Evidence of label approval.

No grader or inspector shall authorize the use of official identification for any graded or inspected product unless he has on file evidence that such official identification or packaging material bearing such official identification has been approved in accordance with the provisions of §§ 54.60 to 54.63.

§ 54.71 Affixing of official identification.

(a) No official identification or any abbreviation, copy, or representation

thereof may be affixed to or placed on or caused to be affixed to or placed on any product or container thereof except by a grader or an inspector or under the supervision of a grader or an inspector. All such products shall have been inspected and certified, or graded, or both. The grader or inspector shall have supervision over the use and handling of all material bearing any official identification.

(b) Each container of inspected and certified products to be shipped from one official plant to another official plant for further processing shall be marked for identification and shall show the following information:

(1) The name of the inspected and certified products in the container;

(2) The name and address of the packer or distributor of such products; (3) The net weight of the container; (4) The inspection mark permitted to be used pursuant to the regulations in this part, unless the containers are sealed or otherwise identified in such manner as may be approved by the Administrator; and

(5) The plant number of the official plant where the products were packed. § 54.72 Packaging.

No container which bears or may bear any official identification or any abbreviation or copy or representation thereof may be filled in whole or in part except with edible products which were inspected and certified or graded or both and are at the time of such filling, sound, wholesome and fit for human food. All such filling of containers shall be under the supervision of an inspector or grader. § 54.73 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 equipment and utensils which are to be held for proper cleaning.

§ 54.74 Prerequisites to grading and

inspection.

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.

§ 54.91 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 §§ 54.90 to 54.92.

§ 54.92 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.

FEES AND CHARGES

§ 54.100 Payment of fees and charges.

(a) Fees and charges for any grading or inspection shall be paid by the applicant for the service in accordance with the applicable provisions of §§ 54.100 to 54.110, 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 Consumer and Marketing Service and remitted promptly to the Service.

(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 service will be based on the time required to perform such service for class, quality, quantity (weight test), or condition of ready-tocook product. The hourly charge shall be $9.20 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 $11.40 per hour. Information on legal holidays is available from the supervisor.

(d) The charges for inspection service will be based on the time required to perform such services. The hourly rate shall be $8.76 for base time and $8.80 for overtime or holiday work.

(e) Charges for any laboratory analysis or examination of rabbits under this part related to the inspection service shall be $9.28 per hour.

[33 F.R. 20003, Dec. 31, 1968, as amended at 36 F.R. 3799, Feb. 27, 1971; 36 F.R. 19301, Oct. 2, 1971]

§ 54.102 Fees for appeal grading or review of a grader's decision.

(a) The fee to be charged for any appeal grading shall be based on the hourly rates as specified in § 54.101 (b) or (c). If the result of the appeal grading discloses that a material error was made in the original grading, no fee will be charged.

(b) No fee shall be charged for the appeal under § 54.191 (a) of a grader's decision unless special travel was necessary to perform the appeal review 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 § 54.101 (b) or (c).

[35 F.R. 9915, June 17, 1970]

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. 20003, Dec. 31, 1968]

§ 54.107 Continuous

inspection performed on a resident basis.

(a) Except as provided in paragraph (b) of this section, the charges for inspection of domestic rabbits and products thereof shall be those provided for in § 54.101(d) when the inspection service is performed on a continuous yearround resident basis and the services of an inspector or inspectors are required 4 or more hours per day. When the services of an inspector are required on an intermittent basis, the charges shall be at the hourly rate provided for in § 54.101 (d) plus the travel expense and other charges provided for in § 54.106.

(b) The applicant will be given credit when inspectors assigned to the applicant's official plant perform inspection for the Department of Defense on products accepted for delivery by the applicant to the Department of Defense. The amount of such credit will be based on a formula concurred in jointly by the Departments of Defense and Agriculture. [31 F.R. 10107, July 27, 1966, as amended at 36 F.R. 3799, Feb. 27, 1971] § 54.108

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 § 54.102.

(a) Charges. The charges for grading of domestic rabbits 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 Consumer and Marketing Service, U.S. Department of Agriculture (hereinafter referred to as "C&MS"). Such full costs shall comprise such of the items listed in this section as are due and included, from time to time, 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 period in which the service was rendered and are payable upon receipt. A charge will be made by C&MS in the amount of two (2) percent of any amounts remaining unpaid after 30 days from the date of billing. Such charge shall not be less than $5.

(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 considered 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 C&MS 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 C&MS to perform grading service for other than the applicant. The base salary rate used for billing will be that of the grader (s) assigned to the

plant. The regular rate charge will then be determined by adding an established factor to the base salary rate to cover the cost to C&MS 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, health benefits, severance pay, sick leave, annual leave, additional salary and travel costs for relief grading service, and related servicing costs. The overtime rate charge is 150 percent of the base rate. The added holiday rate charge is the same as the base rate when the grader works on a holiday.

(4) A charge for the actual cost to C&MS for any other expenses incurred by C&MS (including travel and per diem costs): (i) for each grader, other than a relief grader who performs work on a day with an established tour of duty; (ii) for each grader normally assigned to the plant while performing grading service at the applicant's request outside his official plant.

(5) A charge at the hourly rate specified in § 54.101, plus actual travel expenses incurred by C&MS for intermediate surveys to firms without grading service in effect.

(6) A charge of 10 percent of: (i) The premium pay, (ii) all charges made to the applicant for expenses which are paid by C&MS to graders assigned to the applicant.

(7) [Reserved]

(8) An administrative service charge equal to 25 percent of the graders' total salary costs. A minimum charge of $50 will be made each billing period.

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

(3) The grading service shall be provided at the designated plant 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 C&MS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by C&MS 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:

(v) Grading service shall be terminated by C&MS at any time C&MS, 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 to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by C&MS; Provided, That in no instance may the graders assume the duties of management.

[34 F.R. 8230, May 28, 1969, as amended at 35 F.R. 19325, Dec. 22, 1970; 36 F.R. 6071, Apr. 2, 1971; 36 F.R. 9842, May 29, 1971] § 54.109 Fees or charges for grading service or inspection service performed under cooperative agreement. Fees or charges to be made to an applicant for any grading service or inspection service which differ from those listed in §§ 54.100 through 54.108 shall be provided for by a cooperative agreement.

[36 F.R. 6072, Apr. 2, 1971]

§ 54.110 Disposition of fees for inspection made under cooperative agree

ment.

Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted to the Service.

INSPECTION PROCEDURES; ANTE MORTEM INSPECTIONS

§ 54.120 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.

§ 54.121

Ante mortem inspection.

An ante mortem inspection of domestic rabbits shall, where and to the extent considered necessary by the Administrator and under such instructions as he may issue from time to time, be made of domestic rabbits on the day of slaughter in any official plant processing domestic rabbits under inspection pursuant to the regulations in this part. § 54.122

Condemnation on ante mortem inspection.

Domestic rabbits found in a dying condition on premises of an official plant shall be immediately destroyed and together with any rabbits found dead on such premises shall be disposed of in accordance with § 54.132. Domestic rabbits plainly showing on ante mortem inspection any disease or condition, that under §§ 54.129 to 54.131, inclusive, would cause condemnation of their carcasses on post-mortem inspection, shall be condemned. Rabbits which on ante mortem inspection are condemned shall not be dressed, nor shall they be conveyed into any department of the plant where domestic rabbit products are prepared or held. Domestic rabbits which have been condemned on ante mortem inspection and have been killed shall, under the supervision of an inspector of the Inspection Service, receive treatment as provided in § 54.132.

§ 54.123

Segregation of suspects on ante mortem inspection.

All domestic rabbits which on ante mortem inspection do not plainly show, but are suspected of being affected with any disease or condition that under §§ 54.129 to 54.131, inclusive, may cause condemnation in whole or in part on post-mortem inspection, shall be segregated from the other domestic rabbits and held for separate slaughter, evisceration, and post-mortem inspection. The inspector shall be notified when such segregated lots are presented for postmortem inspection and inspection of such rabbits shall be conducted separately. Such procedure for the correlation of ante mortem and post-mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out.

§ 54.124 Quarantine of diseased domestic rabbits.

If live domestic rabbits, which are affected by any contagious disease which

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is transmissible to man, are brought into an official establishment, such domestic rabbits shall be segregated. The slaughtering of such domestic rabbits shall be deferred and they shall be dealt with in one of the following ways:

(a) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, the lot shall be subject to ante mortem and post-mortem inspection pursuant to the regulations in this part. (b) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, such domestic rabbits may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful rabbit-by-rabbit ante mortem inspection shall be made, and all domestic rabbits found to be, or which are suspected of being, affected with the contagious disease transmissible to man shall be condemned.

POST-MORTEM INSPECTION