1 Salmonella test may be in three steps as follows: Step one-growth through differential agars; step two-growth and testing through triple-sugar-iron agar; step threeconfirmatory test through biochemicals. When three or more samples are submitted, the fee per sample shall be $5 for step one, $3 for step two and $5 for step three.

(b) Other fees for specified individual tests and services. The fees specified in this paragraph are applicable for individual tests for one factor only on a particular sample of egg products.

[25 F.R. 4728, May 28, 1960, as amended at 26 F.R. 3953, May 6, 1961, 30 F.R. 6142, May 1, 1965]

$55.68 On a resident inspection basis. (a) Charges. The charges for grading and inspection of egg products shall be paid by the applicant for the service and shall include such of the 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, United States Depart

ment 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 and inspection service was rendered. Bills will be rendered by the 10th day following the end of the month in which the service was rendered and are payable upon receipt. A charge will be made by C&MS in the amount of one (1) percent per month, or fraction thereof of any amounts remaining unpaid after 30 days from the date of billing.

(1) A charge of $6.40 per hour plus actual costs to C&MS for per diem and travel costs incurred in rendering service not specifically covered in this section, such as, but not limited to, initial surveys;

(2) A charge of $150 for the final survey and inauguration of the grading service including the assignment of one grader;

(3) A charge equal to the salary cost paid to each grader assigned to the applicant's plant by C&MS: Provided, That, no charge is to be made for salary cost of any assigned grader or inspector of the designated plant while temporarily reassigned by C&MS to perform grading service for other than the applicant, except when the assigned grader is performing inspections for the Department of Defense on products accepted for delivery by the applicant to the Department of Defense, in which case the applicant will be given credit for the service rendered, based on a formula concurred in jointly by the Departments of Defense and Agriculture.

(4) A charge for the relief grader or inspector, at the rate of the regular grader's or inspector's salary, and the actual travel expenses and per diem paid by C&MS to any grader or inspector whose services are required for relief purposes when regular graders or inspectors are on annual or sick leave;

(5) A charge for the actual cost to C&MS of any travel or per diem incurred by each grader or inspector assigned to the plant while in the performance of grading or inspection service rendered the applicant.

(6) A charge to cover the actual cost to C&MS of the travel (including the cost of movement of household goods and dependents) and per diem with respect to

each grader or inspector who is transferred (other than for the convenience of C&MS) from an official station to the designated plant.

(7) A charge equal to 20 percent of the base salary to cover an amount equal to the cost to C&MS for the Employer's tax imposed under the United States Internal Revenue Code (26 U.S.C.) for Old Age and Survivor's Benefits under the Social Security System and for insurance as provided in the Federal Employees' Group Life Insurance Act of 1954, Federal Employees' Health Benefits Act of 1959, sick leave, annual leave, and related servicing costs;

(8) A charge equal to 7 percent of: (1) The overtime salary, (ii) the salary paid to each grader or inspector exclusive of one regular grader or inspector, and (iii) all charges made to the applicant for transportation and per diem which are paid by C&MS to graders or inspectors assigned to the applicant;

(9) An administrative service charge based upon the aggregate weight of the total monthly volume (based on the weight of liquid egg) of all egg products handled in the plant, and computed in accordance with the following table: COMPUTATION OF ADMINISTRATIVE SERVICE

1 The maximum charge shall not exceed $175.00.

(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 or inspector with such information as may be necessary for the performance of the grading and inspection service.

(2) C&MS will provide as available an adequate number of graders or inspectors to perform the grading and inspection service.

(3) The grading and inspection 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 notic by either the applicant or C&MS specify ing the date of suspension, withdrawa or termination;

(iii) One (1) day's written notice t C&MS to the applicant if the applica fails to honor any invoice within thir (30) days after date of invoice coverin the cost of the grading and inspectio service; or

(iv) Termination of the services pu suant to the provisions of the followir subdivision (v) of this subparagraph:

(v) Grading and inspection servic shall be terminated by C&MS at any tim C&MS, acting pursuant to any applicab laws, rules and regulations, debars th applicant from receiving any furthe benefits of the service.

(4) Federally employed graders or ir spectors will be required to confine the activities to those duties necessary i the rendering of grading and inspectic service and such closely related activiti as may be approved by C&MS: Provide That, in no instance will the Federal employed grader or inspector assume th duties of management.

[21 F.R. 2029, Mar. 31, 1956, as amended 22 F.R. 10953, Dec. 28, 1957, 25 F.R. 4728, Mi 28, 1960, 29 F.R. 7710, June 17, 1964]

§ 55.69 Fees for grading service pe formed under cooperative agreemen The fees to be charged and collected f any service performed under cooper tive agreement shall be those provide for by such agreement.

[20 F.R. 1870, Mar. 29, 1955]

§ 55.70 Charges and other provisio where application is in effect duri season of no operation.

(a) Charges. If an applicant reques in writing the removal of a grader graders while the designated plant closed for the season, and such reque is granted by the Administrator, an a ministrative service charge of $25.00 sha be paid by the applicant for each cale dar month in which the application is effect and no product is processed. P other charges pursuant to § 55.68 will applicable. A form for making a reque in accordance with the provisions of th section may be obtained from the A ministrator.

(b) Other provisions. In making request, the applicant shall agree not process or label any product until grader is reassigned and not to use

(a) The plant shall be free from strong foul odors, dust, and smoke-laden air.

(b) The premises shall be free from refuse, rubbish, waste, and other mateTrials and conditions which constitute a source of odors or a harbor for insects, rodents, and other vermin.

(c) The buildings shall be of sound construction and kept in good repair, such as to prevent the entrance or harboring of vermin.

(d) Rooms shall be kept free from refuse, rubbish, waste materials, odors, insects, rodents, and from any conditions which may constitute a source of odors or engender insects and rodents. Materials and equipment not currently needed shall be handled or stored in a manner so as not to constitute a sanitary hazard.

(e) Doors and windows that open to the outside shall be protected against the entrance of flies and other insects. Doors and windows serving rooms where edible product is exposed shall be adequately protected against the entrance of dust and dirt. All doors leading into rooms where edible product is processed shall be of solid construction and such doors, other than freezer and cooler doors, shall be fitted with self-closing devices.

(f) Doors and other openings which are accessible to rodents shall be of rodent-proof construction.

(g) 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. The sewerage system shall have adequate slope and capacity to remove readily all waste from the various processing operations. All floor drains shall be equipped with traps, and constructed so as to minimize clogging.

(h) Shell egg storage rooms, either on or off the premises, shall be capable of

precooling all shell eggs to meet the temperature requirements (set forth in § 55.85) for liquid eggs at time of drawoff. Such rooms shall be kept clean and free from objectionable odors and mold growth.

(i) The water supply (both hot and cold) shall be ample, clean, and potable, with adequate facilities for its distribution throughout the plant, or portion thereof utilized for egg processing and handling operations, and for protection against contamination and pollution.

(j) The floors, walls, ceiling, 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.

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

(1) Every practicable precaution shall be taken to exclude 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.

(m) 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.

(in

(n) Lavatory accommodations cluding, but not being limited to, hot and cold running water, towels, and soap which does not impart an odor which interferes with accurate evaluation of the product) 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.

(0) Suitable facilities for cleaning and sanitizing utensils and equipment shall be provided at convenient locations throughout the plant.

[20 F.R. 1870, Mar. 29, 1955, as amended at 27 F.R. 8581, Aug. 28, 1962]

§ 55.76 Equipment and utensils.

Equipment and utensils used in processing shell eggs and egg products shall be of such design, material, and construction as will (a) enable the examination, segregation, and processing of such products in an efficient, clean, and satisfactory manner, and (b) permit easy access to all parts to insure thorough cleaning and sanitizing. So far as is practicable, all such equipment shall be made of metal or other impervious material, if the metal or other impervious 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. [20 F.R. 1871, Mar. 29, 1955]

§ 55.77 General operating procedures.

(a) All operations involving processing, storing, and handling of shell eggs, ingredients to be added, and egg products shall be strictly in accord with clean and sanitary methods, and shall be conducted as rapidly as is practicable. Liquid egg products, other than whites, shall not be heated at any time during processing except as provided for in approved procedures for stabilization or pasteurization. (See § 55.101.) Stabilization procedures, when employed, shall be approved by the Administrator. Temperatures in all operations shall be such as will prevent a material increase in bacterial growth and deterioration or breakdown in the egg meat.

(b) 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 regulations in this part 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.

(c) Shell eggs or egg products which are not fit for human food shall be placed in a conspicuously marked container which contains a denaturant of such character as will prevent such products from being used as human food or in the case of shell eggs they shall be treated in such manner as will preclude their use as human food.

(d) Noninspected egg products may not be brought into an official plant for

processing, repackaging or labeling, except that such products may be brought into an official plant for processing into products which are properly denatured and labeled in a manner that will clearly indicate they are not for human con-sumption. An inspector or grader must be on duty at all times when noninspected products are being processed. This processing must take place in separate areas or at times when no edible product is being processed and, in such instances, all be equipment must thoroughly cleaned and sanitized following the processing of noninspected egg products. Such products, or other noninspected packaged products may be brought into an official plant for other purposes such as storage and reshipment. However, they must be handled in such a way that adequate segregation and inventory control can be maintained at all times.

(e) Eggs containing diffused blood in the albumen or on the yolk shall not be used in the preparation of egg products and such eggs shall be denatured.

(f) Each person who is to handle any exposed or unpacked egg products shall wash his hands immediately prior to handling any such products, or any utensils which contain, or are to contain, such products and shall maintain clean hands while handling any exposed or unpacked egg products.

(g) 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.

(h) Only germicides, insecticides, rodenticides, detergents, or wetting agents or other similar compounds which will not deleteriously affect the egg products and which have been approved by the Administrator may be used in an official plant. The use of such compounds shall be in a manner satisfactory to the Administrator.

(i) 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 cleaned and sanitized.

(j) Any substance or ingredient added in the processing of any egg products shall be clean and fit for human food.

(k) Packages or containers for egg products shall be clean when being filled with any egg products; and all reason

able precautions shall be taken to avoid soiling or contaminating the surface of any package or container liner which is, or will be, in direct contact with such egg products.

(1) All egg products shall, at the completion of the processing operation, be inspected by an inspector to ascertain the condition of the finished product.

(m) Egg meat which is examined and passed by an inspector shall be processed in such manner as to insure the removal of meat spots, shell particles, and foreign materials.

(n) All utensils and equipment, except the drying units, the powder conveyors, mechanical powder coolers, and blenders shall be cleaned and sanitized at the start of each day's processing operations. All equipment and utensils shall be kept clean and sanitary during all processing operations.

(0) All pasteurization shall be in accordance with § 55.101 and product may be shipped from one official plant to another official plant for pasteurization. All heat-treatment shall be in accordance with § 55.103. All sampling for the presence of Salmonella shall be in accordance with the procedures set forth in paragraph (p) of this section and product shall not be released for distribution until the results of the laboratory analyses are received by the inspector. If the results of the laboratory analyses are Salmonella negative, the product may be released for consumption. If the results of the laboratory analyses are Salmonella positive, the product must be pasteurized or in the case of whites be either pasteurized or dried, heat-treated and analyzed for the presence of Salmonella. Salmonella positive product may be shipped from the plant only when it is shipped to another official plant for pasteurization or heat-treatment. All shipments of products from one official plant to another for pasteurization or heat-treatment shall be in sealed cars or trucks.

(1) Effective June 1, 1965. (i) To the extent that on-site facilities are available, pasteurization will be required for all liquid eggs, except whites, including those to which ingredients are added and regardless of whether such products are to be distributed in liquid, frozen or dried form.

(ii) When such facilities are not available or are inadequate to pasteurize all liquid produced, samples from each lot

of nonpasteurized liquid shall be analyzed for the presence of Salmonella.

(iii) Frozen whites shall be either pasteurized, or heat-treated and analyzed for the presence of Salmonella, or sampled and analyzed for the presence of Salmonella.

(iv) Liquid whites to be released into consumptive channels in liquid form shall be either pasteurized or heattreated.

(v) All dried whites, except those produced from pasteurized liquid, shall be heat-treated in dried form and shall be sampled and analyzed for the presence of Salmonella.

(2) Effective January 1, 1966. All liquid eggs, except whites, including those to which ingredients are added and regardless of whether such products are to be distributed in liquid, frozen or dried form, shall be pasteurized.

(3) Effective June 1, 1966. All liquid whites to be released into consumptive channels in liquid or frozen form, shall be pasteurized.

(p) (1) For liquid egg products which are required to be sampled for the presence of Salmonella and which have not been heat-treated, one sample per lot of 6,000 pounds or fraction thereof shall be submitted for laboratory analyses. The sample shall be a composite consisting of product drawn from each batch comprising the lot and such product shall be thoroughly churned prior to sampling. For continuous type operations, the sample shall be a composite consisting of product drawn from approximately each 300 pounds produced. Frozen egg whites which have been heattreated shall be sampled at the rate of one composite sample per lot of not in excess of 36,000 pounds. Dried whites which have been heat-treated in dried form shall be sampled at the rate of one composite sample per lot of not in excess of 4,000 pounds. Each lot of product must be identified.

(2) Laboratory analyses for the presence of Salmonella shall be made by a laboratory approved by the national supervisor and continuing approval will be based on the results of confirmation samples submitted to a USDA laboratory and analyzed at the applicant's expense. [20 F.R. 1871, Mar. 29, 1955, as amended at 26 F.R. 3953, May 6, 1961, 27 F.R. 8581, Aug. 28, 1962, 29 F.R. 9605, July 16, 1964, 30 F.R. 6142, May 1, 1965]