grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

[35 F.R. 19328, Dec. 22, 1970]

APPLICATION FOR GRADING SERVICE OR INSPECTION SERVICE

§ 70.40 Who may obtain grading service or inspection service.

An application for grading service or Inspection service may be made by any interested person, including, but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing.

[18 F.R. 6915, Nov. 3, 1953]

§ 70.41

How application for service may be made; conditions of continuous service.

(a) Noncontinuous inspection or grading service on a fee basis. An application for any noncontinuous grading or inspection service on a fee basis may be made in any office of grading or inspection or with any grader or inspector at or nearest the place where the service is desired. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If the application for grading or inspection service is made orally, the office of grading or inspection or the grader or inspector with whom such application is made, or the Administrator, may require that the application be confirmed in writing.

(b) Continuous grading or inspection service on a resident basis or continuous grading service on a nonresident basis. An application for continuous grading or inspection service on a resident basis or for continuous grading service on a nonresident basis must be made in writing on forms approved by the Administrator and filed with the Administrator. Such forms may be obtained at the national, area or State grading or inspection office. In making application, the applicant agrees to comply with the terms and conditions of the regulations (including, but not being limited to, such instructions governing grading and inspection of products as may be issued from time to time by the Administrator). No member of or Delegate to Congress or Resident Commissioner shall be admitted to any benefit that may arise from such service unless derived through service rendered a corporation for its general benefit. [31 F.R. 2775, Feb. 16, 1966]

§ 70.42 Filing of application.

An application for grading service or inspection service shall be regarded as filed only when made pursuant to the regulations in this part.

[18 F.R. 6915, Nov. 3, 1953]

§ 70.43 Authority of applicant.

Proof of the authority of any person applying for grading service or inspection service may be required at the discretion of the Administrator.

[18 F.R. 6915, Nov. 3, 1953]

§ 70.44 Application for inspection service or grading service in official plants; approval.

Any person desiring to process and pack products in a plant under grading service or inspection service, or both, must receive approval of such plant and facilities as an official plant prior to the rendition of such service. An application for grading service or inspection service to be rendered in an official plant shall be approved according to the following procedure:

(a) Initial survey. When application has been filed for grading service or inspection service, as aforesaid, the area supervisor, or his assistant, shall examine the plant, premises, and facilities and shall specify any additional or necessary facilities required for the service. Appeals with respect to any such specification may be made to the national supervisor.

(b) Drawings and specifications to be furnished. Unless otherwise specified, the requirements of § 81.14 of this chapter shall be applicable to plants operating under inspection service and/or grading service pursuant to this part.

(c) 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.

[18 FR. 6915, Nov. 3, 1953, as amended at 20 F.R. 1195, Feb. 26, 1955, 29 F.R. 7859, June 20, 1964]

$ 70.45 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 service; (e) whenever the applicant, after an initial survey has been made in accordance with § 70.44 (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. [22 F. R. 8169, Oct. 16, 1957]

§ 70.46 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.

[18 F.R. 6916, Nov. 3, 1953]

§ 70.47 Order of service.

Grading service shall be performed, insofar as practicable and subject to the availability of qualified graders, in the order in which applications therefor are made, except that precedence may be given to any application for an appeal grading.

[29 F.R. 7860, June 20, 1964]

§ 70.48 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.

[18 F. R. 6915, Nov. 3, 1953, as amended at 21 F. R. 5251, July 14, 1956]

specified period. The rules of practice governing withdrawal of inspection and grading services, set forth in Part 50 of this chapter, shall be applicable to such a debarment action.

[34 FR. 17755, Nov. 4, 1969]

$ 70.61

Misrepresentation, deceptive, or fraudulent acts or practices.

Any wilful misrepresentation or any deceptive or fraudulent act or practice found to be made or committed by any person in connection with:

(a) The making or filing of any application for any grading service or inspection service, appeal or regrading 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 terms "United States," or "U. S." in conjunction with the grade of the product;

(e) The use of any 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 terms "Government graded," "Federal-State graded," "U. S. inspected," "Government inspected," or terms of similar import in the labeling or advertising of any product. [18 F. R. 6916, Nov. 3, 1953, as amended at 20 F. R. 9897, Dec. 23, 1955]

§ 70.62 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. [20 F. R. 9897, Dec. 23, 1955]

§ 70.63 Wilful violation of the regula

tions.

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

[20 F. R. 9897, Dec. 23, 1955]

§ 70.64 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, 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. [22 F. R. 8169, Oct. 16, 1957]

§ 70.65 Misleading labeling.

The use of the terms "Government Graded", "Federal-State Graded", or terms of similar import in the labeling or advertising of any product without stating in the labeling or advertisement, the U.S. grade of the product as determined by an authorized grader. [20 F. R. 9897, Dec. 23, 1955] § 70.66 Miscellaneous.

The existence of any of the conditions set forth in § 70.45 constituting a basis for the rejection of an application for grading or inspection service.

[18 F. R. 6916, Nov. 3, 1953]

IDENTIFYING AND MARKING PRODUCTS § 70.90 Approval of official identification and wording on labels.

Any label or packaging material which bears any official identification shall be used only in such a manner as the Administrator may prescribe, and such labeling or packaging materials, including the wording used on such materials, shall, when used under this Part 70, be approved in accordance with and conform with the provisions of §§ 81.12681.135 and §§ 81.138-81.148 of this chapter: Provided, That for the purposes of this part, where §§ 81.130, 81.138, 81.141, and 81.143 of this chapter refer to "inspection," "inspector" or "inspection mark," they shall be deemed to refer to "inspection," "inspector" or "inspection mark" and/or "grading," "grader" or "grade mark", as applicable. [29 F.R. 7860, June 20, 1964]

§ 70.91 Marking graded products.

(a) Information required on grade mark. Except as otherwise authorized by the Administrator, each grade mark which is to be used shall include the letters "USDA" and the U.S. Grade of the product it identifies, such as "U.S. A Grade," and such information shall be printed in a light color on a dark field. In addition, a term, such as "FederalState Graded" or "Government Graded," may be used adjacent to but not within the grade mark.

Federal-State Graded

FIGURE 3.

FIGURE 1.

(2) Except as otherwise authorized, the grade mark permitted to be used to officially identify consumer graded poultry products shall be of the form and design indicated in Figure 2 or 3 of this section. The shield shall be of suffcient size so that the print and other information contained therein is distinctly legible and in approximately the same proportion and size as shown in Figures 2 and 3.

FIGURE 2.

(c) Products that may be individually grade marked. The grade marks set forth in Figures 2 and 3 may be applied individually to ready-to-cook poultry and specified poultry food products prepared therefrom, for which consumer grades are provided in §§ 70.361 through 70.363, or to the containers in which such products are enclosed for the purpose of display and sale to household consumers, only when such products qualify for the particular grade indicated, in accordance with the consumer grades.

[29 F.R. 7860, June 20, 1964]

§ 70.92 Marking inspected products.

(a) For plants furnished inspection under this part, except as otherwise provided in paragraph (b) of this section, the inspection mark approved for use on inspected and certified edible products shall be contained within the outline of a hexagon and contain the following wording: "USDA Inspected and passed Plant No. Voluntary

Poultry Inspection Service." The form and arrangement of such wording shall be as indicated in the example in Figure 4.

U. S. D. A. INSPECTED AND PASSED

Plant No.

VOLUNTARY POULTRY

INSPECTION
SERVICE

FIGURE 4.

(b) For plants furnished inspection under this part, the inspection mark approved for use on human food products that consist in part of edible parts of poultry from federally inspected poultry and are exempt from classification as poultry products, as set forth in § 81.208 of this chapter (Regulations Governing the Inspection of Poultry and Poultry Products) promulgated pursuant to the Poultry Products Inspection Act, shall be contained within a circle and include the following wording: "Inspected for Wholesomeness by U.S. Department of Agriculture." The form and arrangement of such wording shall be as indicated in the example in Figure 5. The plant number of the official plant shall be set forth if it does not appear on the packaging material.

§ 70.93 Marking dressed poultry.

(a) The Administrator is authorized to prescribe and approve the manner in which dressed poultry which was processed in accordance with minimum standards for sanitation, facilities, and operating procedures in official plants may be marked for identification purposes.

(b) With respect to dressed poultry which has been graded or inspected for condition pursuant to § 70.16, the official identification approved for use shall contain the wording "Dressed PoultryEligible for Further Processing Under USDA Voluntary Poultry Inspection Service." This wording shall be printed on the label and shall not be applied by means of a stencil or rubber stamp. Such identification shall also set forth the applicable plant number and a lot number which shall be the number of the day of the year the poultry was slaughtered, or a coded number to indicate such day of slaughter, the meaning of which shall be made known to the Service. A rubber stamp may be used to insert the plant number and lot number within the official identification, 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 eviscerated. required wording shall be set forth in the manner indicated in Figure 6 of this section and within a rectangle of the form and design illustrated.

EXAMPLE

The