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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 oficial 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 18" 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 132'' 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.
(3) Finish of ceilings; for examplecement plaster, metal, marine plywood, cement, asbestos board, etc.
(4) Finish of walls; for example cement 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 Aies or other insects.
(6) Finish of floors-concrete, brick, mastic material, etc.
(7) Drainage-indicate the amount of slope of fioors 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, sedimenta-, tion 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 oficial plant.
(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 emeri gency conditions of restricted availabil.
ity 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 re
sponsible 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 pro- made or committed by any person in convisions of this part. If the plant facili- nection with: ties or methods of operation are not (a) The making or filling of any applibrought into compliance within a rea- cation for any grading service or inspecsonable period of time, to be specified by tion service; the Administrator, the service shall be (b) The making of the product accesterminated. Upon termination of in- sible for grading or inspection; spection or grading serv ce in an official (c) The making, issuing, or usin or plant pursuant to the regulations in this attempting to issue or use any grading part, the plant approval shall also be- certificate, inspection certificate, symbol, come terminated, and all labels, seals, stamp, label, seal or identification, autags or packaging material bearing offi- thorized pursuant to the regulations in cial identification shall, under the su
this part; pervision of a person designated by the (d) The use of the term "United Service either be destroyed, or the official States" or "U.S." in conjunction with identification completely obliterated, or the grade of the product; sealed in a manner acceptable to the (e) The use of either of the aforesaid Service.
terms or any official stamp, symbol, label,
seal or identification in the labeling or VIOLATIONS
advertising of any product; or $ 54.45 Denial of service.
(f) The use of the term "Government (a) The acts or practices set forth in
graded," "Federal-State graded," "U.S. $ $ 54.46 to 54.51 or the causing thereof
inspected,” or “Government inspected," may be deemed sufficient cause, for the
or any term of similar import in the debarment, by the Administrator, of any
labeling or advertising of any product. person, including any agents, officers, $ 54.47 Use of facsimile forms. subsidiaries, or affiliates of such person
Using or attempting to use a form from any or all benefits of the act for a
which simulates in whole or in part, any specified period, after notice and oppor
certificate, symbol, stamp, label, seal or tunity for hearing has been afforded.
identification authorized to be issued or (b) Whenever the Administrator has
used under the regulations in this part. reason to believe that any person or his employee, agent, or representative has § 54.48 Wilful violation of the regulaflagrantly or repeatedly committed any
tions. of the acts or practices specified in Any wilful violation of the regulations $$ 54.46 to 54.51, he may without hear
in this part or the act. ing, direct that the benefits of the act be denied such person, including any
§ 54.49 Interfering with a grader, inagents, officers, subsidiaries, or affiliates
spector or employee of Service. of such person, pending investigation Any interference with or obstruction and hearing and shall give notice thereof or any attempted interference or obby registered mail. A written petition struction of or assault upon any grader, for reconsideration of such interim de- limited licensee, inspector or employee of nial may be filed with the Administrator the Service in the performance of his by any person so denied the benefits of duties. The giving or offering directly the act within 10 days after notice of the or indirectly of any money, loan, gift or interim denial. Such petition shall state anything of value to an employee of the specifically the errors alleged to have
Service or the making or offering of any been made by the Administrator in deny
contribution to or in any way suppleing the benefits of the act pending in
menting the salary, compensation or exvestigation and hearing. Within 20 days
penses of an employee of the Service or
the offering or entering into a private following the receipt of such petition for reconsideration, the Administrator shall
contract or agreement with an employee
of the Service for any services to be renreinstate the benefits of the act or notify
dered while employed by the Service. the petitioner of the reasons for continued interim denial.
§ 54.50 Misleading labeling or advertis.
ing. & 54.46 Misrepresentation; deceptive or fraudulent acts or practices.
The use of the terms “Government
Graded," "Federal-State Graded," or Any wilful misrepresentation or any terms of similar import in the labeling deceptive or fraudulent act or practice or advertising of any product without
stating in the labeling or advertisement, which are prepared from products which the U.S. grade of the product as deter- are not inspected, the diameter of the mined by an authorized grader.
inspection mark used on labels for in$ 54.51 Miscellaneous.
spected products shall be equal to at least
one-tenth of the length of the label, plus The existence of any of the conditions at least one-tenth of the width of the set forth in $ 54.35 constituting a basis label. If the labeling is printed or otherfor the rejection of an application for wise applied directly to the container, grading or inspection service.
the principal display panel of such conOTHER APPLICABLE REGULATIONS
tainer shall, for this purpose, be consid
ered as the label. $ 54.53 Other applicable regulations.
$ 54.61 Products that may be individuCompliance with the regulations in
ally grade marked; information rethis part shall not excuse failure to
quired on grade mark. comply with any other Federal, or any
(a) The appropriate grade marks for State or municipal, applicable laws or
consumer grades as specified in $$ 54.275 - regulations.
and 54.276 are the only grade marks PUBLICATIONS
which may be applied individually to
ready-to-cook domestic rabbits $ 54.55 Publications.
edible rabbit products prepared therePublications under the act and the
from or to the containers in which such regulations in this part shall be made in products are enclosed for the purpose of the FEDERAL REGISTER, the Service and display and sale to household consumers. Regulatory Announcements of the De
(b) Except as otherwise authorized, partment, and such other media as the each grade mark which is to be used Administrator may approve for the shall be of a shield design and shall inpurpose.
clude the letters "USDA," and the U.S. IDENTIFYING AND MARKING PRODUCTS
Grade of the product it identifies as
specified in § 54.281. In addition, one of $ 54.60 Approval of official identifica
State Graded” or “Government Graded” tion.
may be used adjacent to, but not within (a) Any label or packaging material the shield design grade mark. which bears any official identification shall be used only in such manner as the
Use of grade mark and inspec
tion mark with respect to the same Administrator may prescribe. No label
product. or packaging material bearing official identification may be used unless finished
The Administrator is authorized to copies or samples of such labels and
prescribe and approve the form of the packaging material have been approved
grade mark and inspection mark that by the Administrator. No label bearing
may be used. official identification shall be printed for $ 54.63 Marking inspected products. use unti? the printer's final proof has been approved by the Administrator; and
(a) Wording and form of inspection no label, other than labels for shipping
mark. Except as otherwise authorized, containers or containers for institutional
the inspection mark permitted to be
used with respect to inspected and cerpacks, bearing any official identification shall be used until finished copies or
tified edible products shall include wordsamples of such labels have been ap
ing as follows: "Inspected for wholeproved by the Administrator. Final
someness by U.S. Department of Agri
culture." This wording shall be conapproval may be given to printer's final
tained within a circle in the form and proof or photostatic copies of labels for shipping containers or containers for in
arrangement shown in $ 54.282. The stitutional packs, and no such labels shall
appropriate plant number of the official be used until such proofs or copies have
plant shall be included in the circle unbeen approved by the Administrator. A
less it appears elsewhere on the packaglabel which bears official identification ing material. The Administrator may shall not bear any statement that is approve the use of abbreviations of such false or misleading, and if labels in the inspection mark; and such approved abname of the same packer or distributor, breviations shall have the same force and or bearing the same brand name, are effect as the inspection mark. The inused on the same or similar products spection 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.
(c) Labels in foreign languages. Any 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 offcial identification or denial of the benefits 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 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 identifica.
tion. (a) No oficial identification or any abbreviation, copy, or representation thereof may be affixed to or placed on or caused to be afixed 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