(f) Changes in drawings or blueprints. When changes are proposed 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 constructed and facilities are installed in accordance with the approved drawings and the regulations in this part. The plant may be approved by the Administrator only when these requirements have been met, except that conditional approval for a specified limited time may be granted only under emergency conditions of restricted availability of facilities and construction materials, provided practices suitable to the Administrator are employed to effect adequate sanitary conditions in the plant.

$54.35 Rejection of application.

Any application for grading or inspection service may be rejected by the Administrator (a) whenever the applicant fails to meet the requirements of the regulations prescribing the conditions under which the service is made available; (b) whenever the product is owned by or located on the premises of a person currently denied the benefits of the act; (c) where any individual holding office or a responsible position with or having a substantial financial interest or share in the applicant is currently denied the benefits of the act or was responsible in whole or in part for the ¿ current denial of the benefits of the act to any person; (d) where the Administrator determines that the application is an attempt on the part of a person currently denied the benefits of the act to obtain grading or inspection serv

ice; (e) whenever the applicant, after an initial survey has been made in accordance with § 54.34(a), fails to bring the plant, facilities, and operating procedures into compliance with the regulations within a reasonable period of time; or (f) notwithstanding any prior approval whenever, before inauguration of service, the applicant fails to fulfill commitments concerning the inauguration of the service. Each such applicant shall be promptly notified by registered mail of the reasons for the rejection. A written petition for reconsideration of such rejection may be filed by the applicant with the Administrator if postmarked or delivered within 10 days after the receipt of notice of the rejection. Such petition shall state specifically the errors alleged to have been made by the Administrator in rejecting the application. Within 20 days following the receipt of such a petition for reconsideration, the Administrator shall approve the application or notify the applicant by registered mail of the reasons for the rejection thereof.

§ 54.36 Withdrawal of application.

Any application for grading or inspection service may be withdrawn by the applicant at any time before the service is performed upon payment, by the applicant, of all expenses incurred by the Service in connection with such application.

§ 54.37 Order of service.

Grading service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any application for an appeal grading. § 54.38 Suspension of plant approval.

(a) Any plant approval given pursuant to the regulations in this part may be suspended by the Administrator for (1) failure to maintain plant and equipment in a satisfactory state of repair; (2) the use of operating procedures which are not in accordance with the regulations in this part; or (3) alterations of buildings, facilities, or equipment which cannot be approved in accordance with the regulations in this part.

(b) During such period of suspension, inspection and grading service shall not be rendered. However, the other provisions of the regulations pertaining to providing service on a resident basis will remain in effect unless such service is

terminated in accordance with the provisions of this part. If the plant facilities or methods of operation are not brought into compliance within a reasonable period of time, to be specified by the Administrator, the service shall be terminated. Upon termination of inspection or grading service in an official plant pursuant to the regulations in this part, the plant approval shall also become terminated, and all labels, seals, tags or packaging material bearing official identification shall, under the supervision of a person designated by the Service either be destroyed, or the official identification completely obliterated, or sealed in a manner acceptable to the Service.

(a) The acts or practices set forth in §§ 54.46 to 54.51 or the causing thereof may be deemed sufficient cause, for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person from any or all benefits of the act for a specified period, after notice and opportunity for hearing has been afforded.

(b) Whenever the Administrator has reason to believe that any person or his employee, agent, or representative has flagrantly or repeatedly committed any of the acts or practices specified in S$ 54.46 to 54.51, he may without hearing, direct that the benefits of the act be denied such person, including any agents, officers, subsidiaries, or affiliates of such person, pending investigation and hearing and shall give notice thereof by registered mail. A written petition for reconsideration of such interim denial may be filed with the Administrator by any person so denied the benefits of the act within 10 days after notice of the interim denial. Such petition shall state specifically the errors alleged to have been made by the Administrator in denying the benefits of the act pending investigation and hearing. Within 20 days following the receipt of such petition for reconsideration, the Administrator shall reinstate the benefits of the act or notify the petitioner of the reasons for continued interim denial.

§ 54.46 Misrepresentation; deceptive or fraudulent acts or practices.

Any wilful misrepresentation or any deceptive or fraudulent act or practice

made or committed by any person in connection with:

(a) The making or filling of any application for any grading service or inspection service;

(b) The making of the product accessible for grading or inspection;

(c) The making, issuing, or using, or attempting to issue or use any grading certificate, inspection certificate, symbol, stamp, label, seal or identification, authorized pursuant to the regulations in this part;

(d) The use of the term "United States" or "U.S." in conjunction with the grade of the product;

(e) The use of either of the aforesaid terms or any official stamp, symbol, label, seal or identification in the labeling or advertising of any product; or

(f) The use of the term "Government graded," "Federal-State graded," "U.S. inspected," or "Government inspected," or any term of similar import in the labeling or advertising of any product. § 54.47 Use of facsimile forms.

Using or attempting to use a form which simulates in whole or in part, any certificate, symbol, stamp, label, seal or identification authorized to be issued or used under the regulations in this part. § 54.48 Wilful violation of the regulations.

Any wilful violation of the regulations in this part or the act.

§ 54.49 Interfering with a grader, inspector or employee of Service.

Any interference with or obstruction or any attempted interference or obstruction of or assault upon any grader, limited licensee, inspector or employee of the Service in the performance of his duties. The giving or offering directly or indirectly of any money, loan, gift or anything of value to an employee of the Service or the making or offering of any contribution to or in any way supplementing the salary, compensation or expenses of an employee of the Service or the offering or entering into a private contract or agreement with an employee of the Service for any services to be rendered while employed by the Service. § 54.50 Misleading labeling or advertising.

The use of the terms "Government Graded," "Federal-State Graded," or terms of similar import in the labeling or advertising of any product without

(a) Any label or packaging material which bears any official identification shall be used only in such manner as the Administrator may prescribe. No label or packaging material bearing official identification may be used unless finished copies or samples of such labels and packaging material have been approved I by the Administrator. No label bearing official identification shall be printed for use until the printer's final proof has been approved by the Administrator; and 6 no label, other than labels for shipping i containers or containers for institutional packs, bearing any official identification shall be used until finished copies or samples of such labels have been approved by the Administrator. Final approval may be given to printer's final V proof or photostatic copies of labels for shipping containers or containers for institutional packs, and no such labels shall be used until such proofs or copies have been approved by the Administrator. A label which bears official identification shall not bear any statement that is false or misleading, and if labels in the name of the same packer or distributor, or bearing the same brand name, are used on the same or similar products

which are prepared from products which are not inspected, the diameter of the inspection mark used on labels for inspected products shall be equal to at least one-tenth of the length of the label, plus at least one-tenth of the width of the label. If the labeling is printed or otherwise applied directly to the container, the principal display panel of such container shall, for this purpose, be considered as the label.

§ 54.61

Products that may be individually grade marked; information required on grade mark.

(a) The appropriate grade marks for consumer grades as specified in §§ 54.275 and 54.276 are the only grade marks which may be applied individually to ready-to-cook domestic rabbits and edible rabbit products prepared therefrom or to the containers in which such products are enclosed for the purpose of display and sale to household consumers.

(b) Except as otherwise authorized, each grade mark which is to be used shall be of a shield design and shall include the letters "USDA," and the U.S. Grade of the product it identifies as specified in § 54.281. In addition, one of State Graded" or "Government Graded" may be used adjacent to, but not within the shield design grade mark.

§ 54.62

Use of grade mark and inspection mark with respect to the same product.

The Administrator is authorized to prescribe and approve the form of the grade mark and inspection mark that may be used.

§ 54.63 Marking inspected products.

(a) Wording and form of inspection mark. Except as otherwise authorized, the inspection mark permitted to be used with respect to inspected and certified edible products shall include wording as follows: "Inspected for wholesomeness by U.S. Department of Agriculture." This wording shall be contained within a circle in the form and arrangement shown in § 54.282. The appropriate plant number of the official plant shall be included in the circle unless it appears elsewhere on the packaging material. The Administrator may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The inspection mark or approved abbreviation

thereof, as the case may be, may be applied to the inspected and certified edible product or to the packaging material of such product. When the inspection mark, or the approved abbreviation thereof, is used on packaging material, it shall be printed on such material or on a label to be affixed to the packaging material and the name of the packer or distributor of such product shall be printed on the packaging material or label, as the case may be, except that on shipping containers and containers for institutional packs the inspection marks may be stenciled on the container and when the inspection mark is so stenciled the name and address of the packer or distributor may be applied by the use of a stencil or a rubber stamp. Notwithstanding the foregoing, the name and address of the packer or distributor, if appropriately shown elsewhere on the packaging material, may be omitted from insert labels which bear an official identification if the applicable plant number is shown.

(b) Wording on labels. Each trade label to be approved for use pursuant to §§ 54.60 to 54.63 with respect to any inspected and certified edible product shall bear the true name of the edible product, the name and address of the packer or distributor thereof, and in prominent letters and figures of uniform size, the inspection mark, as aforesaid; and the label shall also bear, in such manner as may be prescribed or approved by the Administrator, the plant number, if any, of the official plant in which such product was inspected and certified.

Any

(c) Labels in foreign languages. trade label to be affixed to a container of any edible products for foreign commerce may be printed in a foreign language. However, the inspection mark shall appear on the label in English, but, in addition, may be literally translated into such foreign language. Each such trade label which is to be printed in a foreign language must be approved pursuant to §§ 54.60 to 54.63.

(d) Unauthorized use or disposition of approved labels. (1) Labels approved for use pursuant to §§ 54.60 to 54.63 shall be used only for the purpose for which approved and shall not otherwise be disposed of from the plant for which approved except with written approval of the Administrator. Any unauthorized use or disposition of approved labels or labels bearing official identification may result in cancellation of the approval and

denial of the use of labels bearing official identification or denial of the bene-= fits of the act pursuant to the provisions of § 54.60.

(2) The use of simulations or imitations of any official identification by any person is prohibited.

(e) Rescindment of approved labels. Once a year, or more often, if requested, each applicant shall submit to the Administrator a list in triplicate of approved labels that have become obsolete, accompanied with a statement that such approvals are no longer desired. The approvals shall be identified by the date of approval, and the name of product or other designation showing the class of material.

SUPERVISION OF MARKING AND PACKAGING § 54.70 Evidence of label approval.

No grader or inspector shall authorize the use of official identification for any graded or inspected product unless he has on file evidence that such official identification or packaging material bearing such official identification has been approved in accordance with the provisions of §§ 54.60 to 54.63.

§ 54.71 Affixing of official identification.

(a) No official identification or any abbreviation, copy, or representation thereof may be affixed to or placed on or caused to be affixed to or placed on any product or container thereof except by a grader or an inspector or under the supervision of a grader or an inspector. All such products shall have been inspected and certified, or graded, or both. The grader or inspector shall have supervision over the use and handling of all material bearing any official identification.

(b) Each container of inspected and certified products to be shipped from one official plant to another official plant for further processing shall be marked for identification and shall show the following information:

(1) The name of the inspected and certified products in the container;

(2) The name and address of the packer or distributor of such products; (3) The net weight of the container; (4) The inspection mark permitted to be used pursuant to the regulations in this part, unless the containers are sealed or otherwise identified in such manner as may be approved by the Administrator; and

No container which bears or may bear any official identification or any abbreviation or copy or representation thereof may be filled in whole or in part except with edible products which were inspected and certified or graded or both and are at the time of such filling, sound, wholesome and fit for human food. All such filling of containers shall be under the supervision of an inspector or grader. § 54.73 Retention labels.

An inspector or grader may use such labels, devices and methods as may be approved by the Administrator for the identification (a) of products which are held for further examination, and (b) all equipment and utensils which are to be held for proper cleaning.

$ 54.74 Prerequisites to grading and

§ 54.100 Payment of fees and charges. (a) Fees and charges for any grading or inspection shall be paid by the applicant for the service in accordance with the applicable provisions of §§ 54.100 to 54.109 and, if so required by the Administrator, such fees and charges shall be paid in advance.

(b) Fees and charges for any grading or inspection performed by any grader or inspector who is a salaried employee of the Department shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by check, draft, or money order payable to the Consumer and Marketing Service and remitted promptly to the Service.

(c) Fees and charges for any grading or inspection pursuant to a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement.

§ 54.101 Grading service on a fee basis.

(a) The fees to be charged and collected for grading services furnished on a fee basis (other than for an appeal grading) shall be based on the time required to render such services including, but not being limited to, the time required for the travel of the grader in connection therewith, at the rate of $6.40 per hour for the time actually required, except as provided in paragraph (b).

(b) If an applicant requires that any grading service be performed on a holiday, Saturday, Sunday, or between the hours of 6:00 p.m. and 7:00 a.m. Monday through Friday, he shall be charged for such service at the rate of $6.40 per hour. [25 F.R. 10681, Nov. 9, 1960, as amended at 29 F.R. 7709, June 17, 1964]