FIGURE 1. Federal-State Graded FIGURE 2. [23 F. R. 1887, Mar. 21, 1958, as amended at 23 F. R. 4778, June 28, 1958] FIGURE 3. [23 F. R. 10123, Dec. 24, 1958] § 70.384 Identification of dressed poultry processed under sanitary standards only. With respect to dressed poultry which has been graded or inspected for condition pursuant to § 70.16, the form of identification approved for use shall contain the wording "Dressed Poultry-Eligible for Further Processing Under USDA Voluntary Poultry Inspection Service." All labels with such identification shall set forth the applicable plant number and shall be marked with a lot number which shall be the number of the day of the year the poultry was slaughtered, or a coded number the meaning of which shall be made known to the Service. This identification shall be printed on the label and shall not be applied by means of a stencil or rubber stamp. A rubber stamp may be used to insert the plant number and lot number within the official mark, provided such numbers are applied legibly. This identification may be used only on bulk packages of dressed poultry. It shall not be applied to individual carcasses of dressed poultry or to any poultry that has been § 70.390 Basis of providing FederalState inspection service. Inspection service rendered pursuant to the regulations governing the grading and inspection of poultry and edible products thereof (Subpart A of this part) may be furnished on a Federal basis or on a Federal-State basis as provided in §§ 70.390 to 70.401. Inspection service in accordance with the regulations shall be furnished on a Federal basis in any State where arrangements have not been made with cooperating State agencies for service on a Federal-State basis. Inspection service shall be furnished on a FederalState basis in any State in which the cooperating State agency makes a request, and becomes a party to a cooperative agreement which provides for such Federal-State service. Such cooperating parties within the State may be any responsible and qualified agency interested in promoting orderly marketing of poultry products. [18 F. R. 6931, Nov. 3, 1953, as amended at 20 F. R. 9896, Dec. 23, 1955] § 70.391 Supervision. All inspection service which is provided under this part shall be technically and administratively supervised by the Agricultural Marketing Service (referred to in this part as AMS) through its national and area supervisory organization. It shall be the responsibility of AMS to determine that the services rendered pursuant to any cooperative agreement under the regulations are conducted in a satisfactory manner, that the actual postmortem inspection of poultry is adequate, and that uniform procedures and policies are followed in all plants in accordance with the requirements of the regulations. Inspection service furnished on a Federal-State basis shall be carried on either under the direct supervision of a Federally-employed Circuit Supervisor (hereinafter referred to as Alternative I) or under the direct supervision of a Federally-employed State Supervisor (hereinafter referred to as Alternative II). In either case, such supervisor shall be immediately responsible for the activities within the State. However, any supervisory official of AMS of a higher administrative level shall have the authority to observe, independently of or in conjunction with the Federal-State supervisor, any particular station or the official activities of any particular inspector at any time he deems it advisable; and shall have the authority to supervise such activities as may be desirable and necessary. [20 P. R. 9897, Dec. 23, 1955] CONDITIONS SOURCE: §§ 70.395 to 70.401 appear at 20 F. R. 9897, Dec. 23, 1955. The regula § 70.395 Regulations. tions of the Secretary of Agriculture governing the grading and inspection of poultry and edible products thereof and instructions of the Administrator governing the inspection of products shall apply to both Federal-State inspection service and to Federal inspection service. AMS shall assume the responsibility for developing the regulations and any instructions issued pursuant thereto and for the supervision of inspection work carried on under the service. § 70.396 Duties of the Federal-State supervisor. The Federal-State supervisor of inspection service shall be responsible for the supervision and proper conduct of inspection service within the State or States to which he is assigned. He may be assigned to supervise inspection service in a single State or in two or more adjoining States providing this is agreed to by AMS and the cooperating agencies in such States. He shall examine each prospective State inspector and recommend acceptable applicants for a license. Such recommendation shall be in writing and accompanied by a statement of the qualifications of the appli cant. He shall be responsible for making surveys of plants applying for service within the State. The assignment of State employed inspectors to plants shall be mutually agreeable to the State agency and AMS. Insofar as practicable inspectors will not be assigned to plants where they have been previously employed. § 70.397 Employment and licensing of State inspectors. (a) The cooperating State agency shall assume responsibility for recruitment and employment of State inspectors for plants under the FederalState service, and the salaries of such inspectors shall be paid by the State. Such inspectors may be employed only when licensed by AMS, and it shall be understood that AMS shall have the authority to withdraw such license at any time (and thus terminate the services of any such inspector) in accordance with the provisions of this part. The licensed State inspector shall not, while a licensed inspector, accept employment, money or remuneration of any kind from the company to which assigned. (b) Each State inspector at the time he begins service as an inspector shall complete a period of training under the immediate supervision of a Federally employed training supervisor. The license issued to such inspector shall be a limited license authorizing him to perform inspection work only under the supervision of the inspector-in-charge of the station to which he is assigned. A license authorizing the State inspector to serve as inspector-in-charge of a station may be issued when it has been determined by the officer-in-charge of the poultry inspection service of AMS that the inspector is qualified for such position. § 70.398 Duties of State-employed inspectors. The duties of the State-employed inspectors shall be the same as the duties of Federally-employed inspectors. Inspectors shall make proper, accurate, and adequate post-mortem examinations of poultry carcasses and shall thoroughly familiarize themselves with and adhere to the inspection procedures and the applicable provisions of the Federal regulations governing inspection service. § 70.399 Replacement of Federal inspectors. When Federal-State inspection service replaces Federal inspection service in a State the replacement of Federal inspectors by State inspectors shall not be carried out until satisfactory transfers of the Federal inspectors to plants out of the State can be accomplished by AMS. § 70.400 Collection of fees. Through designated representatives, the State Agency shall collect all fees and charges for services rendered under cooperative agreements, except to branches of the Federal Government, and will establish a special fund into which these fees and charges will be deposited. Any person or firm desiring Federal-State inspection service shall make application therefor to the State Agency. The application shall set forth the conditions under which service is to be performed. Such applications shall be approved or concurred in by AMS. § 70.401 Reimbursement of AMS by State cooperating agency. The State Agency shall reimburse AMS from fees collected or from State appropriations, or both, for the following: (a) An amount equal to (1) the salaries of any Federally employed inspectors assigned to plants under the Federal-State inspection service, plus an amount to cover travel costs, annual leave accrued, and sick leave earned and taken while such Federally employed inspectors are assigned to plants in the State; (2) an amount to cover travel costs incurred by AMS with respect to training activities performed by any Federal training supervisors in the State; and (3) an amount calculated upon the amounts specified in subparagraphs (1) and (2) of this paragraph to cover administrative costs incurred by AMS with respect to Federal employees while they are assigned in the State. (b) An amount equal to the actual amounts reimbursed to the Agricultural Research Service by AMS, plus fifteen (15) percent of such amounts to cover administrative costs of AMS when inspectors of the Agricultural Research Service are employed in any plant, performing the inspection of canning or other processing of poultry food products. (c) An amount equal to fifteen (15) percent of the salaries and other expenses of inspectors employed by the State Agency, to cover administrative costs of AMS when such inspectors are employed in any plant, performing the inspection of canning or other processing of poultry food products. (d) As compensation toward supervisory and administrative costs of AMS as well as toward costs incurred for supplies, equipment, certificates, report forms, and other materials furnished by AMS as follows: (1) Where Alternative I, referred to in § 70.391 is adopted, an amount equal to thirty-five (35) cents per thousand pounds of eviscerated poultry processed in each official plant operating under Federal-State inspection service, plus one hundred and twenty-five ($125) dollars, for the combined initial and final survey made of each plant in the State by AMS pursuant to § 70.44 of the regulations. (The request for such survey will be made by the State Agency to AMS upon receipt by the State Agency, of an application for inspection service.) (2) Where Alternative II, referred to in § 70.391 is adopted, an amount equal to (i) the salary of the Federally employed State Supervisor, plus an amount to cover travel costs, annual leave accrued, and sick leave earned and taken while such State Supervisor is employed in the State, and (ii) an amount equal to twenty (20) cents per thousand pounds of eviscerated poultry processed in each official plant operating under Federal-State inspection service to cover administrative and supervisory costs of AMS, above the State level. APPLICATION FOR GRADING SERVICE § 70.410 Application for grading service with respect to poultry. Application is hereby made, in accordance with the applicable provisions of the regulations (7 CFR Part 70) governing the grading and inspection of poultry and edible products thereof and United States classes, standards and grades with respect thereto, for poultry grading service at the following designated plant: Name of plant Street address City and State In making this application, the applicant agrees to comply with the terms and conditions of the aforesaid regulations (including but not being limited to, such instructions governing the grading of products as may be issued, from time to time, by the Administrator). This application is made for grading service to be performed on a resident grading basis pursuant to § 70.138 and such other |