than would otherwise be required if the entire lot were readily accessible, as aforesaid, a fee of $4.00 shall be charged in addition to the applicable rates specified in §§ 55.44 to 55.48, both inclusive.

§ 55.50 On a contract basis. Fees to be charged and collected for any service, other than for an appeal grading, on a contract basis, shall be such as are provided in such contract. The fees to be charged for any appeal grading shall be as provided in §§ 55.39 to 55.48, both inclusive.

§ 55.51 Fees for grading service performed under cooperative agreement. The fees to be charged and collected for any service performed under cooperative agreement shall be those provided for by such agreement.

MARKING, BRANDING, AND IDENTIFYING

PRODUCT

§ 55.52 Authority to use official identification. Whenever the Administrator determines that the granting of authority to any person to package any product, graded pursuant to this part, and to use official identification, pursuant to §§ 55.53 to 55.63, both inclusive, will not be inconsistent with the act and this part, he may authorize such use of official identification. An application for such authority shall be submitted to the Administrator in such form as he may require.

§ 55.53 Approval of official identification. Any grade label, inspection mark, or packaging material which is to be used as official identification shall be used only in such manner as the Administrator may prescribe; and such label, inspection mark, and packaging material shall be of such form and contain such information as the Administrator may require. No grade label, inspection mark, or packaging material may be used in the identification of any graded or inspected product unless finished copies or samples of such grade label, inspection mark, and packaging material have been approved by the Administrator.

§ 55.54 Information required on official identification label. Each grade label which is to be used as official identification shall conspicuously indicate the U. S. grade of the product it identifies and shall include one of the following phrases: "Officially graded," "FederalState graded," "Federal graded," or

"Government graded." When required by the Administrator, the grade label shall also include all or any portion of the information set forth in (a) and (b) of this section.

(a) The grade identification label on butter packaging material shall be stamped or perforated with the date of grading and the number of the grading certificate issued on the product.

(b) When eggs have been graded pursuant to this part and are packaged, the grade identification label affixed to each such package shall have stamped thereon the date of grading unless such label is printed on the carton, in which case the date of grading shall be shown on the seal used to close the package.

§ 55.55 Time limit for packaging graded butter and eggs with grade identification labels. Any lot of butter or eggs which is graded pursuant to this part may be packaged only within the following prescribed time limit immediately following the respective grading:

PREREQUISITES TO PACKAGING PRODUCTS
WITH GRADE IDENTIFICATION LABELS

§ 55.57 Packing and packaging room and equipment shall be clean and sanitary. Each applicant who is granted the authority to package any product with a grade identification label and who operates, for such purpose, a butter printing and packaging room or an egg or poultry grading and packaging room shall maintain the room and the equipment therein in a clean and sanitary condition and, in addition, in accordance with the instructions of the Administrator.

§ 55.58 Facilities for incubating butter samples required. Each applicant granted the authority, as aforesaid, to package graded butter with grade identification labels shall provide and main

tain a cabinet of suitable construction, equipped with temperature control, for the purpose of incubating samples of graded butter. Suitable facilities for the purpose of cleaning and sterilizing the equipment used in performing such incubation shall be also provided by such applicant.

§ 55.59 Incubation of butter samples to determine keeping quality. Samples of butter may be taken by a grader, pursuant to the instructions of the Administrator, from any lot of butter which is submitted for grading and packaging with grade identification labels, for the purpose of determining, by subsequent examination, whether such butter possesses satisfactory keeping quality, as determined by the grader in accordance with such standards as the Administrator may prescribe.

§ 55.60 Butter of known unsatisfactory keeping quality shall not be eligible for packaging with grade identification labels. Any butter produced in a creamery whose production of butter, within 30 days prior to current grading, has shown unsatisfactory keeping quality, as evidenced by the keeping quality test pursuant to § 55.59, shall not be packaged with any grade identification label until it is determined, by the grader, that such butter possesses satisfactory keeping quality.

§ 55.61 Candling and grading requirements of shell eggs for packaging with grade identification labels. Shell eggs shall not be packaged with any grade identification label unless such eggs are first candled and graded (a) by a grader or (b) by a limited licensee, pursuant to § 55.34, and thereafter check-graded by a grader.

§ 55.62 When cold storage eggs may be packaged with grade identification labels. Cold storage shell eggs may be packaged with grade identification labels only after such shell eggs have been adequately tempered prior to grading. Their flavor and odor shall be pleasing and desirable, and not more than slightly lacking in freshness as evidenced by organoleptic examination.

§ 55.63 When drawn or eviscerated poultry or domestic rabbits may be graded. Drawn or eviscerated poultry or domestic rabbits may be graded and identified with grade identification labels setting forth the proper U. S. grade only when the respective product has been

eviscerated in an official plant in accordance with the provisions of the rules and regulations of the Secretary of Agriculture governing the inspection and certification of dressed poultry and dressed domestic rabbits and edible products thereof for condition and wholesomeness (Part 56 of this chapter).

MISCELLANEOUS

§ 55.64 Fraud or misrepresentation. Any wilful misrepresentation or deceptive or fraudulent practice found to be made or committed by any person in connection with:

(a) The making or filing of any application for any grading service, appeal, or regrading service;

(b) The use of any grading certificate, issued pursuant to this part, or the use of any official identification;

(c) The use of the words "Government graded," "Officially graded," "Federal-State graded," or words of similar import in the labeling or advertising of any product without stating in conjunction therewith the official U. S. grade of the product;

(d) The use of any of the aforesaid words or an official identification in the labeling or advertising of any product that has not been graded pursuant to this part;

(e) The use of a facsimile form which simulates in whole or in part any official identification for the purpose of purporting to evidence the U. S. grade of any product; or

(f) Any wilful violation of the regulations or the supplementary rules and instructions issued by the Administrator;

may be deemed sufficient cause for debarring such person from any or all benefits of the act after opportunity for hearing has been accorded him; and pending investigation and hearing the Administrator may, without hearing, direct that such person shall be denied the benefits of the act.

$55.65 Political activity. All graders, inspectors, and samplers are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activities in city, county, state, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, is prohibited.

This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absense with or without pay. Wilful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

§ 55.66 Report of violations. Each grader, inspector, sampler, and supervisor of packaging shall report, in the manner prescribed by the Administrator, all violations and noncompliances under the act and this part of which such grader, inspector, sampler, or supervisor of packaging has knowledge.

§ 55.67 Interfering with a grader, inspector, or sampler. Any further benefits of the act may be denied any applicant who either personally or through an agent or representative interferes with or obstructs, by intimidation, threats, assault, or in any other manner, a grader, inspector, or sampler in the performance of his duties.

§ 55.68 Publications.

Publications

under the act and this part shall be made in the FEDERAL REGISTER, the Service and Regulatory Announcements of the Department, and such other media as the Administrator may approve for the pur

pose.

§ 55.69 Identification. All graders, inspectors, samplers, supervisors of packaging, and persons holding limited licenses shall each have in possession at all times, and present upon request, while on duty, the means of identification furnished by the Department to such person.

FORMS AND INSTRUCTIONS

(a)

§ 55.101 Form of application requesting authority to use official identification and grade labels; effective date. Whenever any person desires that authority be granted to package any product, graded pursuant to the regulations in this part, and to use official identification, pursuant to §§ 55.53 to 55.63, inclusive, he shall apply for such authority by submitting to the Administrator a properly completed application, in triplicate, in the following form:

APPLICATION FOR THE PRIVILEGE TO USE OFFICIAL IDENTIFICATION AND GRADE LABELS ON GRADED PRODUCTS

Application is hereby made, in accordance with the provisions of § 55.52 of the rules

and regulations governing the sampling, grading, grade labeling, and supervision of packaging of butter, cheese, eggs, poultry, and dressed domestic rabbits (11 F. R. 7932; 6 CFR 55.52), issued by the Acting Secretary of Agriculture on July 19, 1946, for the privilege of using, subject to such rules and regulations, official identification and grade labels on the following products:

(1) (2) (3)

In requesting this privilege, the applicant agrees to conform to the aforesaid rules and regulations and such instructions covering grading and inspection of the products listed as may be issued by the Administrator of the Production and Marketing Administration. The applicant further agrees to furnish the official identification and grade labels at no cost to the Government, and to place them in the custody of the supervisor of packaging who is designated for such purpose by the Administrator.

The applicant further agrees not to package any graded or inspected product bearing official identification or grade label under a trade name other than that of the applicant unless such trade name is submitted, together with the proper address, to the Administrator at the time approval is requested of the cartons, packaging material, grade labels, and official identification to be used in packaging such graded or inspected products.

In the event the privilege to use official identification or grade labels on graded or inspected products is withdrawn in accordance with the provisions of § 55.64 of the aforesaid rules and regulations, the applicant agrees promptly to deliver or cause to be delivered into the custody of the immediate superior officer of the supervisor of packaging all supplies of the official identification and of the grade labels, together with all packaging and packing materials bearing printed reference to the graded or inspected character of the products for such subsequent use by the applicant as may be approved by the Administrator.

All terms which are used herein shall have the meaning applicable to such terms when used in the aforesaid rules and regulations. This application is submitted in triplicate.

§ 55.102 Instructions governing plants operating as official plants processing and packaging egg products-(a) Definitions. (1) "Rules and regulations in this part" means the rules and regulations governing the sampling, grading, grade labeling, and supervision of packaging of butter, cheese, eggs, poultry, and dressed domestic rabbits.

(2) "Egg products" means liquid eggs, frozen eggs, or dried eggs with or without the addition of any other substance or ingredient.

(3) "Shell eggs" means shell eggs of the domesticated chicken hen.

(4) "Regional supervisor" means the regional supervisor, or assistant regional supervisor, Poultry Products Section, Dairy and Poultry Inspection and Grading Division of the Administration, in charge of the grading service in a designated geographical area.

(5) "Sterilize" means to subject to an acceptable germicidal agent.

(6) All other terms which are used herein shall have the meaning applicable to such terms when used in the rules and regulations in this part.

(b) Plant survey. Prior to the inauguration of continuous inspection in a plant, the regional supervisor serving the area in which the plant is located will make a survey and inspection of the premises and plant to determine whether the facilities and methods of operation therein are suitable and adequate for grading service in accordance with (1) the rules and regulations in this part, (2) the instructions and requirements contained in this section, and (3) such further instructions and requirements, based upon the aforesaid instructions, (i) which may hereafter be issued with respect to minimum requirements for facilities, operating procedures, and sanitation in egg-breaking, egg-drying, and egg-packaging plants, and (ii) which are in effect at the time of the aforesaid survey and inspection.

(c) Raw materials. (1) Only shell eggs or egg products which have been produced in an official plant and are identified with official identification may be used in the production, in an official plant, of egg products which are to be identified with official identification.

(2) Egg products which are to be identified with official identification, as aforesaid, may be produced only from edible (i) clean shell eggs, (ii) stained shell

eggs, or (iii) shell eggs which are processed in the manner set forth in subparagraph (3) of this paragraph.

(3) Wholesome, sound shell eggs with loose adhering dirt on the shells may be used as raw material when such eggs are properly cleaned or washed, sterilized, and dried in such a manner as will avoid contamination of the egg meat within the shell.

(4) Egg products may be produced in an official plant from shell eggs which are leakers or dirty checks, from shell eggs with loose adhering dirt on the shells, or from shell eggs other than those of the domesticated chicken hen only if such eggs are fit for human food. None of such egg products shall, however, be identified with official identification.

(5) Shell eggs or egg products which are not fit for human food shall be delivered into the custody of the inspector at the official plant pending disposition, by the owner, of such shell eggs or egg products for purposes other than for human food.

(d) Premises and plant—(1) Building. The plant, or portion thereof utilized, in which any egg processing operation is conducted, shall be maintained in a sanitary condition, including, but not being limited to, the following requirements:

(i) There shall be abundant light (whether natural or artificial, or both) which is well distributed, and sufficient ventilation for each room and compartment to insure sanitary and suitable processing and operating conditions.

(ii) There shall be an efficient drainage and plumbing system for the plant and premises. All drains and gutters shall be properly installed with approved traps and vents, and shall be maintained in good repair and in proper working order.

(iii) The water supply (both hot and cold) shall be ample, clean, and potable, with adequate facilities for its (a) distribution throughout the plant, or portion thereof utilized, as aforesaid, and (b) protection against contamination and pollution.

(iv) The floors, walls, ceilings, partitions, posts, doors, and other parts of all structures shall be of such materials, construction, and finish to permit their ready and thorough cleaning. The floors and curbing shall be watertight.

(v) Each room and each compartment in which any shell eggs or egg products are handled or processed shall be (a) so designed and constructed as to insure processing and operating conditions of a clean and orderly character, (b) free from objectionable odors and vapors, and (c) maintained in a clean and sanitary condition.

(vi) Every practicable precaution shall be taken to exclude all dogs, cats, and vermin (including, but not being limited to, rodents and insects) from the plant, or portion thereof utilized, as aforesaid, in which shell eggs or egg products are handled or stored. The use of poisons for any purpose in any room or compartment where any shell eggs or egg products are stored or handled is forbidden, except under such restrictions and precautions as the Chief, or Acting Chief, of the Dairy and Poultry Inspection and Grading Division of the Administration may prescribe.

(2) Facilities. Each plant, or portion thereof utilized, as aforesaid, shall be equipped with adequate sanitary facilities and accommodations, including but not being limited to the following:

(i) There shall be a sufficient number of adequately lighted dressing rooms and toilet rooms, ample in size, conveniently located, and separated from the rooms and compartments in which shell eggs or egg products are handled, processed, or stored. The dressing rooms and toilet rooms shall be separately ventilated, and shall meet all requirements as to sanitary construction and equipment.

(ii) Lavatory accommodations (including, but not being limited to, hot and cold running water, soap, and towels) shall be placed at such locations in the plant as may be essential to assure cleanliness of each person handling any shell eggs or egg products.

(iii) Clean outer garments shall be worn by all persons who are in any room or compartment where any breaking, drying, or packaging operation is conducted.

(iv) No product or material which creates an objectionable condition shall be processed, stored, or handled in any room, compartment, or place where any shell eggs or egg products are processed, stored, or handled.

(v) Suitable facilities for cleaning and sterilizing utensils and equipment shall be provided at convenient locations

throughout the plant, or portion thereof utilized, as aforesaid.

(3) Equipment and utensils. Equipment used for candling, breaking, straining, clarifying, packaging, holding, drying, storing, or otherwise processing any shell eggs or egg products shall be of such design, material, and construction as will (i) enable the examination, segregation, or other processing of such eggs or egg products in an efficient, clean, and satisfactory manner, and (ii) permit easy access to all parts to insure thorough cleansing and sterilization. So far as is practicable, all such equipment shall be made of metal or other impervious material if the metal or other material will not affect the product by chemical action or physical contact. Receptacles and packages used for shell eggs or egg products which are not fit for human food shall bear some conspicuous and distinctive identification.

(e) Operations and operating procedures. (1) All operations involved in processing, storing, and handling shell eggs and egg products shall be strictly in accord with clean and sanitary methods, and shall be conducted as rapidly as is practicable and at temperatures that will tend to cause (i) no material increase in bacterial growth, or (ii) no deterioration or break-down of the original quality of the egg meat.

(2) All shell eggs and egg products shall be subjected to constant and continuous inspection throughout each and every processing operation. Any shell egg or egg product which was not processed in accordance with the instructions contained in this section or is not fit for human food shall be removed and segregated prior to any further processing operation in connection with the production of egg products which are to be identified with official identification.

(3) All utensils and equipment which are contaminated during the course of processing any shell eggs or egg products shall be removed from use immediately and shall not be used again until cleansed and sterilized.

(4) Any substance or ingredient used, or added, in the processing of any egg product shall be clean and fit for human food.

(f) Segregating shell eggs. (1) Shell eggs shall be adequately segregated, prior to delivery to the breaking room, so as to comply with the requirements of this section applicable to raw materials.