with AMS authority. Where AMS authority is inadequate to effect needed corrective action, AMS will so inform FDA.

(3) In developing standards for all grades of grain, rice, and pulses, take into account criteria such as tolerances and action levels and not set standards inconsistent with such criteria. During the inspection and grading of these commodities, make such examinations to determine compliance with these criteria as are feasible considering the circumstances under which such services are performed.

(4) Report to the appropriate FDA field office information intended to permit location and identification of any lot of grain, rice, or pulses which, upon inspection and grading by AMS graders or licensed inspectors, is found to meet the FDA criteria for classifying grain, rice, or pulses as actionable under the Federal Food, Drug, and Cosmetic Act.

(5) Furnish FDA headquarters, on request, any pertinent information in AMS possession concerning inspections and gradings of specific lots of grain, rice, and pulses by AMS graders or licensed inspectors that have been proceeded against or are being considered for action by FDA.

(6) Require that inspection certificates issued by official inspection personnel include codemarkinges or other identifications to identify the inspected and graded grain, rice, or pulses.

(7) Inform FDA headquarters whenever AMS has information that an AMS grader or licensed inspector is to be or has been subpoenaed as a witness at judicial proceedings involving FDA action on grain, rice, or pulses and inform FDA of the nature of the proposed testimony.

B. The Food and Drug Administration will:

(1) Invite the AMS grader or licensed inspector stationed at a plant which is obtaining inspection by AMS to accompany the FDA inspector during his inspection of such plant. The FDA inspector will point out or discuss with the AMS grader, or licensed inspector, any conditions noted which may result in violations of the Federal Food, Drug, and Cosmetic Act.

(2) Request from AMS headquarters any needed information concerning the inspection and grading of specific lots of grain, rice, or pulses that have been proceeded against, or are being considered for action by FDA, and are known or believed to have been inspected and graded by an AMS grader or licensed inspector.

(3) Immediately notify the appropriate AMS field office concerning the details of serious, objectionable sanitation conditions or handling practices or the presence of contaminated, adulterated, or otherwise unsafe or unwholesome food or feed products whenever they are found by FDA in processing, packing or shipping plants where AMS graders or licensed inspectors are currently conducting inspections and gradings of grain, rice, or pulses when FDA believes such information would be of value to AMS or the official inspection agencies in their inspection and grading activities. On receipt of the information, AMS will initiate such corrective action as is feasible including withdrawal or suspension of inspection and grading services.

(4) Provide timely notification and sufficient detail to the appropriate AMS field office concerning FDA initiated seizure actions against any lots of grain, rice, or pulses to facilitate the identity of such lots by AMS graders or licensed inspectors.

(5) Inform AMS headquarters of the criteria which are used by FDA in determining whether grain, rice, or pulses would be considered actionable under the Federal Food, Drug, and Cosmetic Act, so that AMS may use the criteria in AMS standards and in performing inspection and grading activities.

(6) On request of AMS, review labels, legends, stamps, and other official marks for grain, rice, and pulses from the standpoint of possible conflict with the misbranding provisions of the Federal Food, Drug, and Cosmetic Act.

C. It is mutually agreed that:

(1) Both agencies will maintain close working relations with each other, both in headquarters as well as in the field.

(2) Regulations proposed by either agency affecting AMS grain, rice, or pulse standards will be referred to the other agency for review and comments prior to issuance.

(3) Both agencies will cooperate jointly and with the grain, rice, and pulse industries in the improvement of sanitation and food handling practices in grain, rice, and pulse handling and processing plants. Both agencies will mutually exchange data and cooperate in the development of sampling plans, methodology,

and guidelines for determining natural and unavoidable defects common to grain, rice, and pulses.

(4) Both agencies will work with the grain, rice, and pulse industries toward greater efficiency in coding methods.

(5) Each agency will designate to the other a central contact point to which communications dealing with this agreement or matters affected thereby may be first referred for attention.

(6) This agreement supersedes the Memorandum of Agreement dated February 19, 1942, and the Memorandum of Understanding dated September 1, 1949, between the Food and Drug Administration and the Consumer and Marketing Service, or their predecessor organizations, with respect to grain. Otherwise, nothing in this Agreement modifies other agreements, nor precludes separate agreements for special programs which can be handled more efficiently and expeditiously by separate agreements.

(7) The provisions of this memorandum may be modified at any time by mutual agreement.

For the Agricultural Marketing Service.
Dated: April 2, 1974.

E. L. PETERSON,

Administrator, Agricultural Marketing Service.

For the Food and Drug Administration.
Dated: April 2, 1974.

A. M. SCHMIDT,

Commissioner of Food and Drugs.

Effective date. This agreement became effective on May 29, 1974.
Dated: April 8, 1974.

SAM D. FINE,

Associate Commissioner for Compliance.

[FR Doc. 74-12236 Filed 5-28-74; 8:45 am]

[EXHIBIT B]

U.S. DEPARTMENT OF AGRICULTURE-AGRICULTURAL MAKETING SERVICE, GRAIN DIVISION

Subject: Confirmation of Telephone Report.

To: FDA Field Office.

This will confirm our telephone report of (date) about the following inferior commodity lot of (product):

GR Notice 1453 January 2, 1974

U.S. DEPARTMENT OF AGRICULTURE-AGRICULTURAL MARKETING SERVICE, GRAIN DIVISION, HYATTSVILLE, MD.

Information for: Field Office Supervisors and Regional Directors.

FOOD AND DRUG ADMINISTRATION ROSTER

This Notice transmits the current listing of FDA field office locations. This roster will assist Grain Division in reporting sanitation problems to FDA in accordance with AMS-FDA agreement and GR Instruction 910-5, transmitted by GR Notice 1424.

E. L. BROWN, Acting Chief, Commodity Inspection Branch.

Enclosure.