§ 54.102 Fees for appeal grading.

The fees to be charged for any appeal grading shall be double the fee specified in the grading certificate from which the appeal is taken: Provided, That the fee for any appeal grading requested by the United States, or any agency or instrumentality thereof, shall be not more than that set forth in the grading certificate from which the appeal is taken. If the result of any appeal grading discloses that a material error was made in the grading appealed from, no fee shall be required.

§ 54.104 Inspection service on a fee

basis.

(a) Fees to be charged and collected for inspection services furnished on a fee basis 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 inspector or inspectors in connection therewith, at the rate of $6.40 per hour for each inspector for the time actually required, except as provided in paragraph (b) of this section.

(b) If an applicant requires that any inspection 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]

§ 54.105 Fees for additional copies of grading certificates and inspection certificates.

Additional copies, other than those provided for in §§ 54.141 and 54.171, of any grading certificates or inspection certificates, may be supplied to any interested party upon payment of a fee of $2.00 for each set of five or fewer copies. [25 F.R. 10681, Nov. 9, 1960, as amended at 29 F.R. 7710, June 17, 1964]

§ 54.106 Travel expenses and other charges.

Charges may be made to cover the cost of travel and other expenses incurred by the Service in connection with the performance of any grading or inspection service on a fee basis. Such charges shall include the costs of travel, per diem, and other expenses, plus a charge of 10 percent of the amount charged for said travel per diem, and other expenses to cover administrative

costs of the Department. When travel and other expenses are charged in connection with any grading or inspection service, the minimum charge which shall be made shall be $0.50.

§ 54.107 Inspection on a resident inspection basis.

(a) Charges. The charges for inspection of domestic rabbits and products thereof 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 inspection service rendered to the applicant shall be made by the applicant to the Consumer and Marketing Service, United States Department 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 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 $125.00 for the combined initial and final survey (required to be made with respect to an official plant pursuant to the regulations in this part) made of the designated plant and its premises prior to the performance, by C&MS of the inspection service.

(2) Charges for each survey in addition to those provided in subparagraph (1), of this paragraph, if any, made at the request of the applicant, or determined by C&MS to be necessary, to be computed on the basis (i) of the actual cost to C&MS of the travel and per diem in lieu of subsistence incurred in the making of the survey, and (ii) a charge of $6.40 per hour for the time consumed at the plant in making the survey: Provided, That the minimum charge shall be for six (6) hours.

(3) A charge of (i) $154.00 per 40hour workweek for each inspector assigned to the designated plant by C&MS for the inspection of dressed domestic rabbits at the time of evisceration; (ii) $154.00 per 40-hour workweek for each inspector assigned to the designated plant by C&MS for the inspection of canning or other processing of domestic

rabbit products: Provided, That with respect to each inspector who is employed by C&MS on a "when actually employed" basis, such charges shall be computed on the appropriate hourly basis: Provided, further, That no charge shall be made for any inspector during any period of leave approved by C&MS for such inspector.

(4) A charge of $4.65 per hour for each hour of overtime work performed by each inspector assigned to any type of operation described in subparagraph (3) of this paragraph: Provided, That any unscheduled overtime work performed by an inspector on a day when no work is scheduled for him, or for which he is required to return to his place of employment, shall be considered to be at least two hours in duration.

(5) A night differential charge of $0.385 per hour for inspectors performing inspection of dressed domestic rabbits at the time of evisceration and performing inspection of canning or other processing of domestic rabbit food products for each hour of any regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m.

(6) A charge of $7.70 per hour for inspectors performing inspection of domestic rabbits at the time of evisceration and $7.70 per hour for inspectors performing inspection of canning or other processing of domestic rabbit food products for each hour of such work performed on a designated holiday: Provided, That the charge shall be for a minimum of two hours.

(7) A charge for the actual cost to C&MS of the travel and per diem in lieu of subsistence with respect to each inspector who is assigned to the designated plant but whose travel headquarters is not at the designated plant, such charge to cover the period during which each such inspector is assigned to the designated plant, and travel to and from the designated plant in connection with such assignment.

(8) A charge of $50.00 per inspector at the time of installation of service at the plant or the assignment of an additional inspector to the plant, to cover the average cost of installing an inspector, plus an additional charge of $250.00 per inspector to cover the average cost of movement of household goods of an inspector incident to such installation or assignment where costs of such movement are incurred by C&MS: Provided, That no charge shall be made under this

subparagraph when the assignment of an inspector is made to replace another inspector solely for the convenience of C&MS.

(9) A charge for the actual cost to C&MS of the travel and per diem in lieu of subsistence with respect to each inspector who is assigned to the designated plant and whose travel headquarters is at the designated plant, if at the request of the designated plant, such inspector is reassigned temporarily to another official plant, such charge to cover the period during which each such inspector is reassigned to the other plant, and the travel to and from the designated plant in connection with such reassignment.

(10) A minimum charge of $25.00 for each calendar month after inspection is inaugurated in the designated plant.

(11) The charge for each 8-hour day, for the services of any inspector, shall be at the rate of one-fifth of the applicable charge for each 40-hour work week, as provided in subparagraph (3) of this paragraph. Overtime and night differential charges (when applicable) shall be billed at the rates specified in subparagraphs (4) and (5) of this paragraph.

(12) The applicant will be given credit when inspectors assigned to the applicant's official plant perform inspection for the Department of Defense on products accepted for delivery by the applicant to the Department of Defense. The amount of such credit will be based on a formula concurred in jointly by the Departments of Defense and Agriculture.

(13) A charge equal to the actual amounts reimbursed to the Agricultural Research Service by C&MS, plus twentyfive (25) percent of such amounts to cover administrative overhead of C&MS, when inspectors of the Meat Inspection Division, Consumer and Marketing Service, are assigned to the designated plant for inspection of canning or processing of domestic rabbit food products. The charges provided for in this subparagraph are in lieu of the charges specified in subparagraphs (3) through (9) and (11) of this paragraph.

(b) Other provisions. (1) The applicant shall furnish such stenographic and clerical assistance as may be necessary in typing certificates, official reports and handling correspondence in connection with the inspection service.

(2) Inspectors will be provided by C&MS to perform the inspection service.

C&MS may, from time to time, assign to the designated plant such additional inspectors as it deems necessary in order to perform the inspection service, or decrease the number of inspectors when fewer inspectors are needed to perform such service.

(3) Whenever operations at the designated plant are discontinued during a period or periods, any inspector (assigned by C&MS to the designated plant) may perform such other services as may be deemed appropriate and are approved by the area supervisor.

(4) The inspection service shall be provided at the designated plant and shall be continued until the service is suspended, withdrawn, or terminated (i) by mutual consent; (ii) by thirty (30) days' written notice given by either party to the other party specifying the date of suspension, withdrawal, or termination; (iii) pursuant to the regulations in this part; (iv) upon one (1) day's written notice by C&MS to the applicant, if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the costs of the inspection service, or if the applicant fails to comply with the terms and conditions of this section.

[25 F.R. 10681, Nov. 9, 1960, as amended at 29 F.R. 7709, June 17, 1964[

§ 54.108 Grading performed on a resident grading basis.

(a) Charges. The charges to be collected for any grading service, other than for an appeal grading, on a resident grading basis, shall be those provided in this section. The charges to be made for any appeal grading shall be as provided in § 54.102. The charges for grading of domestic rabbits and edible products thereof 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 appilicant to the Consumer and Marketing Service, United States Department 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 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 $100 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 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 service 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 at the rate of the regular grader's salary and the actual travel expenses and per diem paid by C&MS to any grader whose services are required for relief purposes when regular graders are on annual or sick leave;

(5) A charge for the actual cost to C&MS of any travel and per diem incurred by each grader assigned to the plant while in the performance of grading service for 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 who is tranferred (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 Survivors Benefits under the Social Security System and for insurance as provided in the Federal Employees' Group Life Insurance Act of 1954, and benefits under the Federal Employees'

Health Benefits Act of 1959, sick leave, annual leave and related servicing costs; (8) A charge equal to 7 percent of: (i) The overtime salary, (ii) the salary paid to each grader exclusive of one regular grader, and (iii) all charges made to the applicant for transportation and per diem which are paid by C&MS to graders assigned to the applicant;

(9) An administrative service charge based on the aggregate weight of the total monthly volume of all domestic rabbits handled in the plant, and conputed in accordance with the following table:

COMPUTATION OF ADMINISTRATIVE

SERVICE CHARGES

'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 with such information as may be necessary for the performance of the grading service.

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

(3) The grading 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 notice by either the applicant or C&MS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by C&MS to the applicant, if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or

(iv) Termination of the services pursuant to the regulations in this part.

(4) Federally employed graders will be required to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by C&MS: Provided, That, in no instance

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will the federally employed grader assume the duties of management.

[25 F.R. 10681, Nov. 9, 1960, as amended at 29 F.R. 7709, June 17. 19641

§ 54.109 Fees for grading service or inspection service performed under cooperative agreement.

The fees to be charged and collected for any grading service or inspection service performed under cooperative agreement shall be those provided for by such agreement.

§ 54.110 Disposition of fees for inspection made under cooperative agree

ment.

Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted to the Service.

§ 54.111 Charges and other provisions where application is in effect during season of no operation.

(a) Charges. If an applicant requests in writing the removal of a grader or graders while the designated plant is closed for the season, and such request is granted by the Administrator, an administrative service charge of $25.00 shall be paid by the applicant for each calendar month in which the application is in effect and no product is processed. No other charges pursuant to § 54.108 will be applicable. A form for making a request in accordance with the provisions of this section may be obtained from the Administrator.

(b) Other provisions. In making a request, the applicant shall agree not to process or label any product until a grader is reassigned; to request reassignment of a grader twenty days prior to the date that operations will be resumed; and not to use or ship any packaging or labeling material bearing the official mark without prior approval of a Federal-State supervisor.

INSPECTION PROCEDURES; ANTE MORTEM INSPECTIONS

§ 54.120 Manner of handling products in an official plant.

Unless otherwise specified in the regulations in this part or by the Administrator, products which are to be further processed under inspection in an official plant shall be prepared and handled in

§ 54.122

Condemnation on ante mortem inspection.

Domestic rabbits found in a dying condition on premises of an official plant shall be immediately destroyed and together with any rabbits found dead on such premises shall be disposed of in accordance with § 54.132. Domestic rabbits plainly showing on ante mortem inspection any disease or condition, that under §§ 54.129 to 54.131, inclusive, would cause condemnation of their carcasses on post-mortem inspection, shall be condemned. Rabbits which on ante mortem inspection are condemned shall not be dressed, nor shall they be conveyed into any department of the plant where domestic rabbit products are prepared or held. Domestic rabbits which have been condemned on ante mortem inspection and have been killed shall, under the supervision of an inspector of the Inspection Service, receive treatment as provided in § 54.132.

§ 54.123 Segregation of suspects on ante mortem inspection.

All domestic rabbits which on ante mortem inspection do not plainly show, but are suspected of being affected with any disease or condition that under §§ 54.129 to 54.131, inclusive, may cause condemnation in whole or in part on post-mortem inspection, shall be segregated from the other domestic rabbits and held for separate slaughter, evisceration, and post-mortem inspection. The inspector shall be notified when such segregated lots are presented for postmortem inspection and inspection of such rabbits shall be conducted separately. Such procedure for the correlation of ante mortem and post-mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out.

If live domestic rabbits, which are affected by any contagious disease which is transmissible to man, are brought into an official establishment, such domestic rabbits shall be segregated. The slaughtering of such domestic rabbits shall be deferred and they shall be Idealt with in one of the following ways:

(a) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, the lot shall be subject to antemortem and post-mortem inspection pursuant to the regulations in this part. (b) If it is determined by a veterinary inspector that further handling of the domestic rabbits will not create a health hazard, such domestic rabbits may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful rabbit-by-rabbit ante mortem inspection shall be made, and all domestic rabbits found to be, or which are suspected of being, affected with the contagious disease transmissible to man shall be condemned.

POST-MORTEM INSPECTION