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For each additional 1,000 dozen

ears, or fraction thereof, but

not in excess of a total of 10,000 dozen ears...

$2.50 For each additional 1,000 dozen

ears in excess of a total

of 10,000 dozen ears.----- 2.00 (iv) Dried fruits other than figs and dates. For each lot of 5,000 pounds, or less.- $15.00 Each additional 2,000 pounds, or frac

tion thereof, but not in excess of a total of 50,000 pounds....

1.00 Each additional 2,000 pounds, or frac

tion thereof, in excess of 50,000 pounds

0.75 (v) Dried figs and dates. For each lot of 5,000 pounds, or less.. $15.00 Each additional 2,000 pounds, or frac

tion thereof, but not in excess of a total of 50,000 pounds-

2. 50 Each additional 2,000 pounds, or frac

tion thereof, in excess of 50,000 pounds

2.00 (vi) Dehydrated fruits and vegetables. For each lot of 5,000 pounds, or less... $15.00 Each additional 2,000 pounds, or frac

tion thereof, but not in excess of a total of 25,000 pounds---

1.00 Each additional 2,000 pounds, or frac

tion thereof, in excess of 25,000 pounds

0.75 (vii) Honey, molasses, sirup and similar sugar products. For 3 sample units, or less..

$10.00 For each additional sample unit--- 1.00

(viii) Coffee. Green bean grade, first sample----- $10.00 For each additional sample-

5.00 Cup test, first sample..

10.00 For each additional sample--

2. 50 Combination green bean grade and cup test, first sample----

15.00 For each additional sample.------ 7.50

(ix) Tea. Cup test, first sample----

$10.00 For each additional sample

2. 50 (c) Unless otherwise provided in this part, the respective fees for inspection services performed on unofficially drawn samples shall be based on the applicable rates specified in this section plus the 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 samples.

UNOFFICIALLY DRAWN SAMPLES (1) Canned or similarly processed fruits and vegetables. 3 sample units, or less.-

$10.00 Each additional sample unit.

2. 50

(2) Frozen or similarly processed fruits and vegetables. 2 sample units, or less..

$10.00 Each additional sample unita.

2. 50 (3) Dried fruits other than figs and dates. Each sample--

$10.00 (4) Dried figs and dates. Each sample.

$10.00 (5) Dehydrated fruits and vegetables. Each sample----

$10.00 (6) Honey, molasses, sirup. Same as officially drawn samples.

(7) Coffee. Same as officially drawn sample.

(8) Tea. Same as oficially 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 th 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)

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Mold count:

Direct smear.
Centrifuge or dilution..

Pulping...
Nitrogen or crude protein.
Non volatile ether extract..
Oil volatile..
Phosphorous pentoxide (P,05)..
Potash (K20).
Peroxidase test (frozen vegetables).
Recoverable oil (citrus juices).
Reducing sugars..
Sucrose (chemical methods)
Sucrose (direct polarization)
Starch or carbohydrates (direct

hydrolysis). Sulphur dioxide (direct titration)... Sulphur dioxide (distillation

method). Sodium.. Total solids (drying method) Vanillin (colorimetric). Volatile and nonvolatile ether ex

tract. Water-insoluble-inorganic-residue... Water insoluble solids. Worm larvae and insect fragment

count...

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8 52.45 Inspection fees when charges

for sampling have not been collected

by a licensed sampler. For any lot of processed products from which a sample is drawn by a licensed sampler and the sampling fee is not collected by the licensed sampler or the appropriate authority, as provided in $ 52.43, the fees and charges for inspection services with respect to such lot shall be the applicable fees and charges prescribed in 8 52.42. 133 F.R. 9583, July 2, 1968] 8 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.

10.00 10.00 5. 00 5. 06

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(b) The following charges, as applicable, shall be made for listed analyses which are requested by the applicant and are not in connection with an inspection service to determine the quality or condition of the product; however no such charge shall be made when the analyses are in connection with an inspection to determine the quality or condition of the product: Brix reading (refractometric or spindle)

$5.00 Brix reading (double dilution)

10.00 Total acidity (direct titration)

5.00 Free fatty acids.

5. 00 Tough string test (green and wax beans)

5. 00 Salt (NaCl)-direct titration... 5. 00 Soluble solids (refractometric method)

5.00 Total solids (refractometric method)

5. 00 Color determination of extracted honey

5.00 Color determination of sugarcane molasses or sugarcane sirup-------- 5.00

(c) The following charges shall be made for certain other special analyses whether or not made in connection with an inspection to determine quality and condition of the product: Type of analysis: Aflatoxin in peanuts and peanut

products (thin layer, chromotog-
graphy methods) --

$15.00 [35 F.R. 10491, June 27, 1970)

For

For first each analysis additional

analysis

Type of analysis

$10.00

$5.00

20.00
10.00
15.00
10.00

15.00

2. 50 10. 00 5. 00

15.00

10.00

Alcohol insoluble solids.
Alcohol (distillation and specific

gravity).
Ascorbic acid (vitamin C).
Ash, acid insoluble.
Ash, total (carbonated or sulfated).
Ash, water soluble or water insol-

uble.
Ash, NaCl Free (approximate

method--total ash less NaCl).
Ash, NaCl Free (P205X2)..
Catalase test..
Diastase test for honey (AOAC

Method).
Ether Extract (crude fat)
Fat (acid hydrolysis).
Fiber test (green and wax beans).
Fly egg and maggot count.
Iodine number
Moisture (drying method).

15.00
25. 00
5. 00

10.00
15.00
5.00

20.00
15. 00
15. 00
10.00

5. 00
15.00
5. 00

10.00 10. 00 10.00 5. 00 2. 50 10.00 5. 00

score

$ 52.48 Fees and charges not otherwise inspection service, including appeal in

provided for; and situations when spections: Provided, That, if charges for hourly rate required.

sampling or inspection are based on an With respect to any inspection service

hourly rate, an additional bourly charge for which no applicable fee or charge is

may be made for travel time including set forth in this part, or when the in

time spent waiting for transportation as

well as time spent traveling, but not to spection service performed is such that

exceed eight hours of travel time for applicable fees and charges would be inadequate or inequitable, the total fees

any one person for any one day: And and charges shall be based upon the time

provided further, That, if travel is by consumed by the inspector in perform

common carrier, no hourly charge may

be made for travel time outside the emance of such inspection service at the rate of $10 per hour.

ployee's official work hours. [35 F.R. 10491, June 27, 1970]

$ 52.52 Charges for inspection service

on a contract basis. § 52.49 Charges for copies of sheets.

(a) Irrespective of fees and charges

prescribed in foregoing sections, the AdIf the applicant for inspection service

ministrator may enter into contracts requests one or more copies of a score sheet referable to the processed product

with applicants to perform continuous

inspection services or other inspection covered thereby, he may obtain such copies from the inspector in charge of

services pursuant to the regulations in

this part and other requirements as the office of inspection serving the area

prescribed by the Administrator in such where the service was performed at a charge of $5 per copy: Provided, That

contract, and the charges for such

inspection service provided in such no charge shall be made for one copy if

contracts shall be on such basis as requested in conjunction with the request

will reimburse the Consumer and Marfor inspection.

keting Service of the Department for 135 F.R. 10491, June 27, 1970]

the full cost of rendering such in$ 52.50 Charges for additional copies of spection service including an appropriinspection certificates.

ate overhead charge to cover as nearly Charges for additional copies of in

as practicable administrative overhead spection certificates issued in accordance

expenses as may be determined by the

Administrator. with $ 52.21 may be supplied to any interested party at a charge for such copies

(b) Irrespective of fees and charges at the rate of $5 for each seven (7), or

prescribed in the foregoing sections, the

Administrator may enter into a written fewer, copies.

memorandum of understanding or conNotice of proposed rule making, public procedure thereon, and the postpone

tract, whichever may be appropriate,

with any administrative agency charged ment of the effective time of this action

with the administration of a marketing later than June 29, 1970 (5 U.S.C. 553) are impracticable, unnecessary, and con

agreement or a marketing order effective trary to the public interest in that (1)

pursuant to the Agricultural Marketing

Agreement Act of 1937, as amended (7 the Agricultural Marketing Act of 1946

U. S. C. 601 et. seq.) for the making of provides that the fees charged shall be

inspections pursuant to said agreement reasonable and, as nearly as possible,

or order on such basis as will reimburse cover the cost of the service rendered;

the Consumer and Marketing Service of (2) the increases in fee rates set forth

the Department for the full cost of herein are necessary to more nearly rendering such inspection service incover such cost including, but not limited cluding an appropriate overhead charge to, Federal employee salary adjustments; to cover as nearly as practicable adand (3) additional time is not required by ministrative overhead expenses as may users of the inspection service to comply be determined by the Administrator. with this amendment.

Likewise, the Administrator may enter 135 F.R. 10491, June 27, 1970)

into a written memorandum of under

standing or contract, whichever may be $ 52.51 Travel and other expenses.

appropriate, with an administrative Charges may be made to cover the cost agency charged with the administration of travel and other expenses incurred in of a similar program operated pursuant connection with the performance of any to the laws of any State.

U. S. GRADE A

FIGURE 3.

U. S. CHOICE

FIGURE 4.

U. S. GRADE

(c) NO Member of, or Delegate to congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in this section or to any benefit that may arise therefrom, but this provision shall not be construed to extend to such contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a Member of, or Delegate to Congress, or a Resident Commissioner in his capacity as a farmer.

MISCELLANEOUS $ 52.53 Approved identification.

(a) Grade marks. The approved grade mark or identification may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by and inspector as meeting the requirements of such grade, quality or classification. The grade marks approved for use shall be similar in form and design to the examples in Figures 1 through 5 of this section.

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(b) inspection marks. The approved inspection marks may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compli. ance with the requirements for wholesomeness established for the raw prod. uct and of sanitation established for the preparation and processing operations, and (2) has been certified by an inspector as meeting the requirements of such quality or grade classification as may be approved by the Administrator. The inspection marks approved for use shall be similar in form and design to the examples in Figures 6, 7, and 8 of this section.

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U.S. GRADE

A

( FANCY)

Shield with plain background. FIGURE 2.

PACKED UNDER

CONTINUOUS

INSPECTION

OF THE
U.S. DEPT. OF
AGRICULTURE

Statement enclosed

within a shield.

FIGURE 6.

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(e) Licensing and identification of UNDER CONTINUOUS

certain oficial devices. The Adminis

trator may issue licenses permitting the INSPECTION OF THE

manufacture, identification, distribu

tion, and sale of any oficial device desU. S. DEPT. OF AGRICULTURE

ignated as a USDA color standard, Statement without the use of the shield. defect guide or other similar aid under

such terms and conditions as may be FIGURE 8.

specified by the Administrator. Licenses

shall be available to all persons meeting (c) Combined grade and inspection

conditions prescribed by the Adminis

trator, shall be nonexclusive, and shall marks. The grade marks set forth in

be revocable for cause. No person shall paragraph (a) of this section and the

manufacture, identify, distribute or sell inspection marks set forth in paragraph

any such official device except at the (b) of this section may be combined into

direction of or under license from the a consolidated grade and inspection

Administrator. Such official devices may mark for use on processed products that be marked, tagged or otherwise desighave been packed under continuous in- nated with the prefix “USDA” together spection as provided in this part.

with other identifying words or symbols, (d) Products not eligible for approved as prescribed by the license. identification. Processed products which [22 F. R. 3535, May 22, 1957, as amended at have not been packed under continuous

23 F.R. 4999, 5001, July 1, 1958; 35 F.R. 11771, inspection as provided for in this part

July 23, 1970] shall not be identified by approved grade $ 52.54 Fraud or misrepresentation. or inspection marks (except honey and Any or all benefits of the act may be maple syrup which may bear such grade

denied any person committing wilful marks), but such products may be in- misrepresentation or any deceptive or spected as provided in this part and at fraudulent practice in connection with: the option of the Department may be (a) The making or filing of an appliidentified by an authorized representa- cation for any inspection service; tive of the Department by stamping the (b) The submission of samples for inshipping cases and inspection certifi- spection; cate(s) covering such lot(s) with an (c) The use of any inspection report officially drawn sample mark similar in or any inspection certificate, or appeal form and design to the example in figure inspection certificate issued under the 9 of this section: Provided, That the regulations in this part; stamp will not be placed on shipping (d) The use of the words "Packed cases where any grade marks are on the under continuous inspection of the U. S. cases or packages unless the product Department of Agriculture," any legend meets such grades.

signifying that the product has been

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