important central market where products are prepared, shipped, or distributed in commerce in considerable quantity and may be graded and certified under the acts.

(s) Designated location. A point designated by the Administrator, with activities similar to those of a designated market and readily accessible therefrom, to which services can be extended conveniently by the Administrator in accordance with the provisions of the acts.

(t) Grading service. A service authorized by the acts and established and conducted under the regulations in this part for the purpose of determining and certifying the class, grade, other quality designation, quantity, or condition of products.

(u) Office of grading. The office of an official grader.

(v) Grade-(1) Noun. An important commercial subdivision of a product based on certain definite and preferencedetermining factors, such as conformation, finish, and quality in meats.

(2) Verb. To determine the class, grade, other quality designation, quantity, or condition of products according to official or tentative standards for such products, or to determine the compliance of products with specifications.

(w) Class. A subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind or species.

(x) Quality. A combination of the inherent properties of a product which determines its relative degree of excellence.

(y) Condition. The physical characteristics of a product which affect its merchantability, with special reference to its state of preservation, cleanliness, soundness, wholesomeness, or fitness for human food.

(z) Standards. The official and tentative standards of the Department for the class, grade, other quality designation, or condition of products (Subpart B of this part).

(aa) Specifications. The descriptions of official and tentative standards for products, Federal specifications for products, or such other specifications as may be approved by the Administrator.

(bb) Grade certificate. A certificate issued by an official grader showing the

class, grade, other quality designation, quantity, or condition of products graded.

(cc) Certification of products. The preparation and issuance of signed grade certificates as required under the provisions of the regulations in this part.

(dd) Grade identification. A name or symbol denoting the official grade of products graded or the record of same on an official certificate.

(ee) Grade-identifying device. A brand, stamp, seal, mark, or other device approved by the Administrator to be applied to products or to the containers thereof so as to indicate the grade or condition of such products as determined by an official grader.

(ff) Appeal. A request by a financially interested party for appeal grading and certification.

(gg) Appeal grading. The act of grading and certifying products in response to an appeal from original grading and certification.

(hh) Fees. Charges to cover costs of grading services rendered.

(ii) Container. A receptacle, wrapper, or covering in which products are customarily packed and delivered to the meat trade or to consumers.

(jj) Immediate container. A unit carton, can, pot, tin, casing, wrapper, or other receptacle or covering in which products are customarily packed and delivered to the meat trade or to con

sumers.

(kk) Shipping container. A carton, box, bag, barrel, crate, or other receptacle or covering enclosing products packed in one or more immediate containers.

(11) Cooperative agreements. Agreements between the Administration and other branches of the Federal Government, State agencies, and other agencies or persons as specified in the acts to conduct cooperatively product grading services under the acts and the regulations in this part.

[13 F. R. 1275, Mar. 10, 1948, as amended at 14 F. R. 3736, July 7, 1949]

ADMINISTRATION

§ 53.3 Authority. The Administrator is charged with the administration of the provisions of the regulations in this part and of the acts in so far as they relate to the subject matter of the regulations, and he is authorized to designate important central markets and other locations

and to issue such instructions as he may deem proper and necessary for the conduct of the service.

§ 53.3a Instructions regarding inspection requirements concerning products to be graded-(a) Definitions for determining compliance with inspection requirements. Under § 53.2 (1) products, to be eligible for grading service, must be prepared under Federal inspection or other official inspection acceptable to the Administrator. In determining such eligibility the following definitions shall apply.

(1) "Federal inspection" shall mean the meat inspection system conducted under the Meat Inspection Act of March 4, 1907, as amended (21 U. S. C. 71–91) and the regulations promulgated thereunder (9 CFR 1.1 et seq.).

(2) "Other official inspection acceptable to the Administrator" shall mean any meat inspection system which (1) is conducted under the authority of laws, ordinances, or similar enactments of the State, county, city, or other political subdivision in which is located the plant at which the products are prepared; and (ii) imposes at least the requirements set forth in paragraphs (b) and (c) of this section: Provided, That, no such inspection system shall be deemed acceptable to the Administrator with respect to any particular plant in which products to be graded are prepared if he finds at any time that such requirements are not adequately enforced with respect to such plant.

(b) Requirements as to manner of inspection and operation of plant. (1) The inspection shall be conducted by inspectors who are qualified veterinarians or who are supervised by qualified veterinarians. All such inspectors shall be employed and assigned by the State, county, city, or other political subdivision in which the plant is located.

(2) The inspection shall include antemortem and post-mortem inspection. The inspector shall examine each animal immediately prior to slaughter for the purpose of eliminating all unfit animals and segregating, for more thorough examination, all animals suspected of being affected with a condition which might influence their disposition on post-mortem inspection. The unfit animals shall not be permitted to enter the slaughtering department of the plant, and the suspected animals shall not be permitted to enter the slaughtering department

until they shall have been found by veterinary inspection to be fit for slaughter. The suspected animals that are permitted to be slaughtered shall be handled separate and apart from the regular kill and given a special post-mortem examination.

examination

(3) The post-mortem shall be made at the time the animals are slaughtered. The inspectors shall examine the cervical lymph glands, the skeletal lymph glands, the viscera and organs with their lymph glands, and all exposed surfaces of the carcasses of all cattle, calves, sheep, swine, and goats. Such examinations shall be conducted in the slaughtering department of the plant during the slaughtering operations.

(4) All of the operations in the slaughtering and allied departments of the plant shall be conducted in a clean and sanitary manner. Facilities shall be provided for the prompt cleaning and sterilization of any contaminated equipment.

(5) All diseased or otherwise unfit carcasses and parts of carcasses, including the viscera, shall be condemned and removed from the slaughtering department of the plant in equipment designated for that purpose, and shall be destroyed for food purposes under the supervision of an inspector. The disposition of all carcasses and parts thereof, including the viscera, shall be under the control of a veterinary inspector.

(6) Each carcass and part thereof which has been inspected and passed shall be stamped with an identifying mark assigned by the State, county, city, or other political subdivision, as the case may be, under the supervision of the inspector, and the marking device shall be in the custody of the inspector at all times.

(c) Requirements as to sanitation of plant and premises. (1) (1) The plant and its facilities shall be well constructed, properly fitted and equipped for the purpose used, and so maintained that products intended for human food prepared therein will be clean, sound, healthful, and wholesome. The floors of the plant shall be smooth and impervious and so laid as to drain freely and rapidly to sewer connections. Walls and pillars in the slaughter rooms must be tight, smooth, and free from crevices and, with other parts, shall be kept clean.

(ii) Rooms used for condemned products, inedible offal, hides, and other ma

terials and supplies likely to contaminate or render products inedible shall be completely partitioned from edible product departments and rooms except for one aperture to the slaughtering department. The aperture shall be equipped with a close-fitting door and shall be of sufficient size to allow ready and free passage of materials designated as unfit for human food and all equipment used therewith.

(2) Drainage and sewage disposal must be adequate to maintain the plant and premises in a sanitary condition.

(3) Ventilation shall be sufficient to insure that the atmosphere in rooms where edible product is kept is free from obnoxious odors emanating from inedible tank and offal rooms, catch basins, toilet rooms, hide cellars, refuse heaps, livestock pens, and similar sources. Lighting shall be adequately maintained in all rooms.

(4) The plant shall be provided with ample supplies of potable hot and cold water, with outlets conveniently located and equipped with faucets for hose connections, for ready use during slaughtering operations and for cleaning. Wash basins equipped with running hot and cold water, soap, and towels shall be placed in or near the dressing rooms and at such other places in the establishment as may be essential to insure cleanliness of all persons handling products. Water for sterilizing purposes shall be maintained at a temperature of at least 180° F.

(5) Toilet rooms shall not communicate directly with any room in which animals are killed or food products thereof are processed, handled, or stored. Dressing room facilities must be adequate for cleanliness and convenience.

(6) All departments in the plant must have adequate protection against flies, rodents and other vermin. However, the use of poisons for any purpose in rooms or compartments where any unpacked articles intended for human food are stored or handled is forbidden except under such restrictions and precautions as the chief veterinary inspector in charge of inspection at the plant may require. So-called rat viruses shall not be used in any part of the plant or its premises.

(7) Equipment and utensils used in the plant must be made of such material and be so constructed as to be readily and thoroughly cleaned, and shall be

kept clean and in sanitary condition. Facilities must be provided for cleaning and sterilizing equipment, tools, and utensils.

(8) Barnyards, stock runs, pens, loading docks, and other facilities appurtenant to the plant shall be kept clean. No nuisance shall be allowed on the premises, such as fly breeding places, dead stock, rat infestation, cockroach infestation, rubbish heaps, decomposing animal material, polluted water supply. insanitary drainage disposal, leaking floors, or the like.

(d) Definitions made applicable. Definitions contained in § 53.2 of terms used in this section shall apply to such terms. [14 F. R. 5133, Aug. 18, 1949]

WHERE SERVICES MAY BE OFFERED

§ 53.4 Designated markets and locations. Grading and certification services in accordance with the provisions of the acts may be offered, at the discretion of the Administrator, at designated markets and designated locations.

§ 53.5 Denial or withdrawal of grading service for administrative reasons. The Administrator may deny grading services to, or withdraw them from, any designated market or designated location, or applicant, when he deems such denial or withdrawal to be in the interest of the service. Published notice shall be given of the denial or withdrawal of grading services from any designated market or designated location and notice shall be given to the applicant of the denial or withdrawal of grading services to or from such applicant.

GRADING SERVICES

§ 53.6 Kind of service. Examination, identification, and certification of products may be made according to the Federal standards for class, grade, other quality designation, quantity, and condition, or according to specifications approved by the Administrator for this purpose.

§ 53.7 Request for establishment of grading service. Requests for the establishment of grading services at designated markets or at designated locations may be filed with the Administrator.

§ 53.8 Who may obtain grading service. Requests for product grading services may be made by any financially interested party, including common