in accordance with the regulations in this part.

"Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

"Potable water" means water that has been approved by the State health authority as safe for drinking and suitable for food processing.

"Product" means ready-to-cook domestic rabbits, or edible products derived therefrom.

"Quality" means the inherent properties of any product which determine its relative degree of excellence.

"Ready-to-cook domestic rabbit" means any domestic rabbit which has been slaughtered for human food, from which the head, blood, skin, feet, and inedible viscera have been removed, that is ready to cook without need of further processing. Ready-to-cook domestic rabbit also means any cut-up or disjointed portion of domestic rabbit or any edible part thereof, as described in this paragraph.

"Regulations" means the provisions of this entire part and such United States specifications for classes, standards, and grades for products as may be in effect at the time grading or inspection is performed.

"Secretary" means the Secretary of the Department, or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead.

"Service" means the Consumer and Marketing Service of the Department.

"State supervisor" or "Federal-State supervisor" means any authorized and designated individual who is in charge of the domestic rabbit grading service or the domestic rabbit inspection service in a State. A State supervisor or a FederalState supervisor of domestic rabbit inspection service shall be a veterinarian and a Federal employee.

"Station supervisor" means any authorized individual who is designated to supervise domestic rabbit grading service or domestic rabbit inspection service in a large official plant or in a group of several small plants.

[25 F.R. 10681, Nov. 9, 1960, as amended at 31 F.R. 2771, Feb. 16, 1966]

§ 54.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.

Subsection 203 (h) of the Agricultural Marketing Act of 1946, as amended by Public Law 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meanings specified:

(a) "Official certificate" means any form of certification, either written or printed, used under this part to certify with respect to the sampling, inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

(b) "Official memorandum" means any initial record of findings made by an authorized person in the process of grading, inspecting, or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.

(c) "Official mark" means the grade mark, inspection mark, and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected or both, or indicating the appropriate U.S. Grade or condition of the product, or for the purpose of maintaining the identity of products graded or inspected or both under this part, including but not limited to, those set forth in §§ 54.281 and 54.282.

(d) "Official identification" means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label, or seal indicating that the product has been offi

cially graded or inspected and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

(e) "Official device" means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.

The Administrator shall perform for and under the supervision of the Secretary, such duties as are prescribed in the regulations in this part and as the Secretary may require in the administration of the regulations in this part. The Administrator is authorized to waive for limited periods any particular provisions of the regulations to permit experimentation so that new procedures, equipment, and processing techniques may be tested to facilitate definite improvements and at the same time to assure full compliance with the spirit and intent of the regulations. The Consumer and Marketing Service, its officers and employees, shall not be liable in damages through acts of commission or omission in the administration of this part.

(a) Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or any combination thereof. Grading service with respect to determination of quality of products shall be on the basis of United States classes, standards, and grades as contained in Subpart B of this part.

(b) Moreover, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the applicant and such service, when approved by the Administrator, shall be rendered on the basis of such specifications.

(a) Only domestic rabbits which are processed in official plants in accordance with the regulations in this part may be graded or inspected; and only domestic rabbits which are inspected and passed pursuant to the regulations in this part or inspected and passed by any other official inspection system acceptable to the Service may be graded.

(b) All domestic rabbits that are eviscerated in an official plant where inspection service is maintained, shall be inspected for condition and wholesomeness and no dressed rabbits or uninspected products shall be brought into such official plant.

All grading service and all inspection service shall be subject to supervision at all times by the station supervisor, State supervisor, circuit supervisor, area supervisor, and national supervisor. Such service shall be rendered where the facilities and conditions are satisfactory for the conduct of the service and the requisite graders and inspectors are available. Whenever the supervisor of a grader has evidence that such grader incorrectly graded a product such supervisor shall take such action as is necessary to correct the grading and to cause any improper grade marks which appear on the product or containers thereof to be corrected prior to shipment of the product from the place of initial grading. § 54.14 Authority to waive provisions of § 54.12.

The Administrator is authorized to waive the provisions of § 54.12 which per

tain to the entry of uninspected edible products into official plants, in specific instances where domestic rabbits are to be brought into compliance with a law under the provisions of a court order. Such domestic rabbits shall be handled in an official plant in accordance with such procedures as the Administrator may prescribe to insure proper segregation and identity of the rabbits or rabbit products until they are shipped from the official plant.

PERFORMANCE OF SERVICES

§ 54.20 Licensed or authorized graders and inspectors.

(a) Any person who is a Federal or State employee or the employee of a local jurisdiction possessing proper qualifications as determined by an examination for competency, and who is to perform grading service under this part, may be licensed by the Secretary as a grader.

(b) Any person who is a Federal or State employee or the employee of a local jurisdiction possessing proper qualifications as determined by an examination for competency, and who is to perform inspection service under this part, may be licensed or otherwise authorized by the Secretary as an inspector.

(c) All licenses issued by the Secretary shall be countersigned by the officer in charge of the domestic rabbit grading service or the domestic rabbit inspection service of the Consumer and Marketing Service or any other designated officer of such Service.

(d) Any person who is employed by any official plant and possesses proper qualifications as determined by the Administrator may be authorized to grade domestic rabbits on the basis of the U.S. classes, standards, and grades under the supervision of a grader. No person to whom such authorization is granted shall have authority to issue any grading certificates, grading memoranda, or other official documents; and all product graded by any such person shall thereafter be check graded by a grader.

[25 F.R. 10681, Nov. 9, 1960, as amended at 35 F.R. 19325, Dec. 22, 1970]

NOTE: The amendment at 35 F.R. 19325, Dec. 22, 1970 is effective January 10, 1971. § 54.21 Suspension of license; revoca

tion.

Pending final action by the Secretary, any person authorized to countersign a license to perform grading or inspection

service may, whenever he deems such action necessary to assure that any grading or inspection services are properly performed, suspend any license to perform grading or inspection service issued pursuant to this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within 7 days after the receipt of the aforesaid notice and statement of reasons, the licensee may file an appeal in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be further suspended or revoked. After the expiration of the aforesaid 7-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 7 days, the license to perform grading or inspection service is revoked. [35 F.R. 19325, Dec. 22, 1970]

NOTE: The amendment at 35 F.R. 19325 is effective January 10, 1971.

§ 54.22 Surrender of license.

Each license which is suspended, or revoked, or has expired shall promptly be surrendered by the licensee to his immediate superior. Upon termination of the services of a licensed grader or inspector the licensee shall promptly surrender his license to his immediate superior.

operative employees and employees on leave of absence with or without pay. Willful violation of §§ 54.20 to 54.25 will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

[35 F.R. 19325, Dec. 22, 1970]

NOTE: The amendment at 35 F.R. 19325 is effective January 10, 1971.

APPLICATION FOR GRADING SERVICE OR INSPECTION SERVICE

§ 54.30 Who may obtain grading service or inspection service.

An application for grading service or inspection service may be made by any interested person, including but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing.

§ 54.31 How application for service may be made; conditions of resident service.

(a) On a fee basis. An application for any grading or inspection service on a fee basis may be made in any office of grading or inspection or with any grader or inspector at or nearest the place where the service is desired. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If the application for grading or inspection service is made orally, the office of grading or inspection or the grader or inspector with whom the application is made, or the Administrator, may require that the application be confirmed in writing.

(b) On a resident grading or inspection basis. An application for resident grading or inspection service must be made in writing on forms approved by the Administrator and filed with the Administrator. Such forms may be obtained at the national, area, or state grading or inspection office. In making application, the applicant agrees to comply with the terms and conditions of the regulations (including, but not being limited to, such instructions governing grading and inspection of products as may be issued from time to time by the Administrator). No member of or Delegate to Congress or Resident Commissioner, shall be admitted to any benefit that may arise from such service unless derived through service rendered corporation for its general benefit. [31 F.R. 2771, Feb. 16, 1966]

§ 54.32 Filing of application.

An application for grading service or inspection service shall be regarded as filed only when made pursuant to the regulations in this part.

§ 54.33 Authority of applicant.

Proof of the authority of any person applying for grading service or inspection service may be required at the discretion of the Administrator.

§ 54.34 Application for inspection service or grading service in official plants; approval.

Any person desiring to process and pack products in a plant under grading service or inspection service, or both, must receive approval of such plant and facilities as an official plant prior to the rendition of such service. An application for grading service or inspection service to be rendered in an official plant shall be approved according to the following procedure:

(a) Initial survey. When application has been filled for grading service or inspection service as aforesaid, the area supervisor, or his assistant, shall examine the plant, premises, and facilities and shall specify any additional facilities required for the service. Appeals with respect to any such specification may be made to the national supervisor.

(b) Drawings and specifications to be furnished in advance of construction or alterations. (1) Four copies of drawings or blue prints showing the features specified herein shall be submitted to the Administrator. The drawings or blueprints shall be legible, made with sharp, clear lines, and properly drawn to scale, and shall consist of floor plans and a plot plan.

(2) The plot plan shall show such features as the limits of the plant's premises, locations in outline of buildings on the premises, one point of the compass, and roadways and railroads serving the plant.

(3) The floor plan shall show all space to be included in the official plant. If rooms or compartments shown on the drawings or blueprints are not to be included as part of the official plant, this shall be clearly indicated thereon.

(4) The sheets of paper on which drawings or blueprints are made shall not exceed a size 34'' x 44". The drawings other than of the plot plan shall be made to a scale of " per foot, except that additional plans for some areas showing detail may be drawn to a scale

of 14'' per foot. The plot plan may be drawn to a scale of not less than 32'' per foot. The drawings shall indicate the scale used and shall also indicate the floor shown (e.g., basement, first, or second).

(c) Features required to be shown on floor plan. The following features shall be shown on the floor plan:

(1) The principal pieces of equipment drawn to scale in the proper locations.

(2) The name of the firm and the address of the plant by street and street number or by other means properly identifying the location of the plant.

(3) One point of the compass.

(4) The doors and openings for passageways, designating those which are self-closing or permanently closed.

(5) All floor drain openings and gutter drains.

(6) Lavatories in toilet and processing rooms (lavatories which are other than hand-operated shall be so designated on the drawings or blueprints).

(7) All steam and hot and cold water outlets for cleanup purposes.

(8) Ice making and storage facilities. (9) The point at which live domestic rabbits are hung on the conveyor line, the point at which the ready-to-cook domestic rabbits are removed and any intermediate transfer points.

(10) The routes of the edible and inedible products.

(11) The location of fresh air inlets, exhaust fans and hoods.

(d) Specifications. Specifications covering the following items shall accompany the drawings:

(1) Height of ceilings.

(2) Type of ceilings-open or closed. (3) Finish of ceilings; for examplecement plaster, metal, marine plywood, cement, asbestos board, etc.

(4) Finish of walls; for examplecement plaster, glazed tile, glaze brick, glass blocks, etc.

(5) Screens-indicate whether all outside openings are screened or provided with other suitable devices against entrance of flies or other insects.

(6) Finish of floors-concrete, brick, mastic material, etc.

(7) Drainage-indicate the amount of slope of floors to the drains in processing rooms, coolers, toilets, and refuse rooms, and give description of trapping and venting of drainage lines, and of floor drain openings. Indicate size of drainage lines and whether house drainage

lines and toilet soil lines are separate to a point outside of buildings.

(8) Heating-indicate type.

(9) Water supply-indicate whether public or private water supply, or both, and specify in terms of gallons of water available per minute for the processing needs of the plant. Also indicate whether or not a nonpotable water supply is used for any purpose in the plant and, if so, specify such uses.

(10) Hot water facilities-specify facilities such as boilers, storage tanks, mixing valves, etc., and indicate the size and number of boilers and storage tanks.

(11) Specify number of men and number of women who will use each toilet room.

(12) Sewage disposa l-indicate whether city sewer, cesspool, sedimentation tank, etc.

(13) Approximate rate of production-indicate hourly rate of slaughter and evisceration for domestic rabbits.

(e) Rooms and compartments which must be included in the official plant. The official plant shall include employees' toilet and dressing rooms, office space for the inspectors, storerooms for supplies, refuse rooms, and rooms, compartments or passageways where domestic rabbits or any ingredients to be used in the preparation of products under inspection will be handled or kept. It also may include other rooms or compartments located in the buildings comprising the official plant.

(f) Changes in drawings or blueprints. When changes are propsed in areas for which drawings or blueprints have been previously approved, one of the following types of revised drawings or blueprints shall be submitted for review and consideration.

(1) A completely revised sheet or sheets, showing proposed alterations or additions, or

(2) Approved pasters of the proposed changes which may be affixed to the affected areas on the previously approved drawings or blueprints in a manner not obscuring essential data. Paster drawings and blueprints shall be prepared to the same scale and presented on a background similar to that of the originally approved drawing or blueprint.

(g) Final survey and plant approval. Prior to the inauguration of the grading service or inspection service, a final survey of the plant and premises shall be made by the area supervisor or his assistant to determine if the plant is