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is not operated by the applicant for service, the application shall be approved by the operator and he shall thereby be deemed to request recognition for his establishment and to agree to pay for surveys made, in accordance with § 53.29 (e), if the applicant does not pay therefor. In any case in which the service is intended to be furnished at an establishment not operated by the applicant, the application shall be approved by the operator of such establishment and such approval shall constitute an authorization for the entry of the establishment by any employees of the Department for the purpose of performing their functions under the regulations. The application shall state: (1) The name and address of the establishment at which service is desired; (2) the name and post office address of the applicant; (3) the financial interest of the applicant in the livestock or products, except where application is made by an official of a government agency in his official capacity; (4) the signature of the applicant (or the signature and title of his representative); and (5) such other information as may be required by the Director or Chief to determine the eligibility of the applicant for service. The application shall indicate the legal status of the applicant as an individual, partnership, corporation, or other form of legal entity. Any change in such status at any time while service is being received shall be promptly reported to the Director or Chief by the person receiving the service.
(b) Notice of eligibility for service. The applicant for service at any establishment will be notified whether his application is approved.
(c) Request by applicant for service(1) Noncommitment. Upon notification of the approval of an application for service, the applicant may, from time to time as desired, make oral or written requests for service under the regulations with respect to specific livestock or products for which the service is to be furnished under such application. Such requests shall be made at an office of grading either directly or through any employee of the Consumer and Marketing Service who may be designated for such purpose.
(2) Commitment. If desired, the applicant may enter into an agreement with
the Consumer and Marketing Service for the furnishing of service on a weekly commitment basis, whereby the applicant agrees to pay for 40 hours of service per week as provided in § 53.29(b) and the Consumer and Marketing Service agrees to make an official grader available to perform such service for the applicant. However, the Consumer and Marketing Service reserves the right to use any grader assigned to a plant under such a commitment to perform service for other applicants when in the opinion of the Chief he is not needed to perform service for the applicant. [24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965] § 53.9 Order of furnishing service.
Service under the regulations shall be furnished to applicants in the order in which requests therefor are received, insofar as consistent with good management, efficiency and economy. Precedence will be given, when necessary, to requests made by any government agency or any regular user of the service, and to requests for appeal service under § 53.22. § 53.10 When request for service deemed
made. A request for service under the regulations shall be deemed to be made when received by an ofice of grading. Records showing the date and time of the request shall be made and kept in such office. 8 53.11 Withdrawal of application or
request for service. An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application is approved or prior to performance of service, upon payment, in accordance with $ $ 53.29 and 53.30, of any expenses already incurred by the Consumer and Marketing Service in connection therewith. $ 53.12 Authority of agent.
Proof of the authority of any person making an application or a request for service under the regulations on behalf of any other person may be required at the discretion of the Director or Chief or the official in charge of the office of
grading or other employee receiving the application or request under $ 53.8. (24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965) $ 53.13 Denial or withdrawal of service.
(a) For misconduct_(1) Bases for denial or withdrawal. An application or a request for service may be rejected, or the benefits of the service may be otherwise denied to, or withdrawn from, any person who, or whose employee or agent in the scope of his employment or agency, (i) has wilfully made any misrepresentation or has committed any other fraudulent or deceptive practice in connection with any application or request for service under the regulations; (ii) has given or attempted to give, as a loan or for any other purpose, any money, favor, or other thing of value, to any employee of the Department authorized to perform any function under the regulations; (iii) has interfered with or obstructed, or attempted to interfere with or to obstruct, any employee of the Department in the performance of his duties under the regulations by intimidation, threats, assaults, abuse, or any other improper means; (iv) has knowingly falsely made, issued, altered, forged, or counterfeited any official certificate, memorandum, mark, or other identification, or device for making any such mark or identification; (v) has knowingly uttered, published, or used as true any such falsely made, issued, altered, forged, or counterfeited certificate, memorandum, mark, identification, or device; (vi) has knowingly obtained or retained possession of any such falsely made, issued, altered, forged, counterfeited certificate, memorandum, mark, identification, or device, or of any such official device, or of any product bearing any such falsely made, issued, altered, forged, or counterfeited mark or identification, or of any carcass or wholesale or retail cut bearing any designation specified in subdivision (vii) of this subparagraph which has not been federally graded or derived from a carcass graded as being of the indicated grade; (vii) has applied the designation “Prime," "Choice,” “Good.” “Standard,” “Commercial," “Utility," "Cutter," "Canner,” “Cull," "Medium,"
"No. 1,” “No. 2,” or “No. 3' by stamp or brand directly on any carcass or wholesale or retail cut of any carcass, as part of a grade designation or otherwise; or (viii) has in any manner not specified in this paragraph violated subsection 203(h) of the Act: Provided, That subdivision (vi) of this subparagraph shall not be deemed to be violated if the person in possession of any item mentioned therein notifies the Director or Chief without delay that he has possession of such item and, in the case of an official device, surrenders it to the Chief, and, in the case of any other item, surrenders it to the Director or Chief or destroys it or brings it into compliance with the regulations by obliterating or removing the violative features under supervision of the Director or Chief: And provided, further, That subdivisions (ii) through (vii) of this subparagraph shall not be deemed to be violated by any act committed by any person prior to the making of an application for service under the regulations by the principal person to whom service would be denied in any case. An application or a request for service may be rejected, or the benefits of the service may be otherwise denied to, or withdrawn from, any person who operates an establishment for which he has made application for service if, with the knowledge of such operator, any other person conducting any operations in such establishment has committed any of the offenses specified in subdivi. sions (i) through (viii) of this subparagraph after such application was made. Moreover, an application or a request for service made in the name of a person otherwise eligible for service under the regulations may be rejected, or the benefits of the serviec may be otherwise denied to, or withdrawn from, such a person (a) in case the service is or would be performed at an establishment operated (1) by a corporation, partnership, or other person from whom the benefits of the service are currently being withheld under this paragraph, or (2) by a corporation, partnership, or other person having an officer, director, partner, or substantial investor from whom the benefits of the service are currently being withheld and who has any authority with respect to the establishment
where service is or would be performed, or (b) in case the service is or would be performed with respect to any livestock or product in which any corporation, partnership, or other person within (a) (1) of this subdivision has a contract or other financial interest.
(2) Procedure. All cases arising under this paragraph shall be conducted in accordance with the rules of practice governing withdrawal of inspection and grading service under the Agricultural Marketing Act of 1946 as contained in Part 50 of this chapter.
(b) For miscellaneous reasons. An application or a request for service may be rejected, or the benefits of the service may be otherwise denied to, or withdrawn from, any person, without a hearing, by the official in charge of the appropriate ofice of grading, with the concurrence of the Director or Chief (1) for administrative reasons such as the nonavailability of personnel to perform the service; (2) for the failure to pay for service; (3) in case the application or request relates to livestock or products which are not eligible for service under $ 53.5, or which are unclean or are in an unclean establishment; (4) for other noncompliance with the conditions on which service is available as provided in the regulations, except matters covered by paragraph (a) of this section; or (5) in case the person is a partnership, corporation, or other person from whom the benefits of the service are currently being withheld under paragraph (a) of this section. Notice of such denial or withdrawal, and the reasons therefor, shall promptly be given to the person involved.
(c) Filing of records. The final orders in formal proceedings under paragraph (a) of this section to deny or withdraw the service under the regulations (except orders required for good cause to be held confidential and not cited as precedents) and other records in such proceedings (except those required for good cause to be held confidential) shall be filed with the Hearing Clerk and shall be available for inspection by persons having a proper interest therein. (24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965; 34 F.R. 19337, Dec. 6, 1969)
8 53.14 Financial interest of official
grader. No official grader shall grade or determine compliance of any livestock or products in which he or any of his relatives by blood or marriage is directly or indirectly financially interested. [24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965) $ 53.15 Accessibility and refrigeration
of products; access to establishments. (a) The applicant shall cause livestock or products, with respect to which service is requested, to be made easily accessible for examination and to be so placed, with adequate illuminating facilities, as to disclose their class, grade, other quality, and compliance. Supervisors of grading nd other employees of the Department responsible for maintaining uniformity and accuracy of service under the regulations shall have access to all parts of establishments covered by approved applications for service under the regulations, for the purpose of examining all livestock or products in the establishments which have been or are to be graded or examined for compliance with specifications or which bear any marks of grade or compliance.
(b) Grading service will be furnished for meat in carcass form or wholesale cuts only if properly chilled. Determination of class, grade, or other quality of carcass meat or wholesale cuts of meat under the standards in Subpart B of this part will not be made if such carcass meat or wholesale cuts are in a frozen state. [24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965) $ 53.16 Official certificates.
(a) Required; exception. The official grader shall prepare, sign, and issue official certificates covering products graded by him, or for which he has determined compliance, unless through special arrangements approved by the Chief this is not required, in which case complete records of the service shall be furnished the office of grading.
(b) Form. (1) The following constitutes a form of official certificate for products under the regulations:
This certificate is receivable by all officers and all Courts of the United States as prima facie evidence of the truth of the statements therein contained. (This certificate.does not excuse failure to comply with any of the regulatory laws enforced by the United States Department of Agriculture.) MAIN STATION
1. REVENUE HOURS a. BASE b. SAT.-SUN. C. HOLIDAY d. GOVERNMENT
I certify that in compliance with the Federal Meat and Livestock R. -hrs. S.
hrs. Grading Regulations (7 CFR Subpart 53A, as amended) under the 2. AUTO MILEAGE 3. OTHER TRAVEL
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), 4. PER DIEM
I examined the products and/or livestock described above, at the M -miles T $
days at $. time and place stated, and found that at said time and place the
class, grade, and other quality thereof were as stated above and 5. OTHER CHARGES 6. LABORATORY FEES
such products and/or livestock complied with any specifications a. HOURS (number) b. OTHER
listed, with any qualifications noted above,
SIGNATURE OF GRADER
PLEASE REFER TO THIS CERTIFICATE BY NUMBER AND MAIN STATION
Where weight is certified, the word "Not” shall be deleted from the phrase "Weights Not Verified.”
(2) Where determination of ingredient content or method of preparation of products in acceptance service is based upon a certification of the facts by the inspection system having jurisdiction of
the products, this fact shall be stated on the certificate.
(c) Distribution. The original certificate and not to exceed two copies shall be delivered or mailed to the applicant or other person designated by him. One copy shall be filed in the office of the official grader, and one copy shall be for
or "Cull," as provided in the standards in Subpart B of this part and accompanied when necessary by the class designation “Stag," "Bull," “Veal, "Calf," "Yearling Mutton," or "Mutton, constitutes a form of official identification under the regulations to show the quality grade, and where necessary the class, under said standards, of steer heifer, and cow beef, stag beef, bull beef veal, calf, lamb, yearling mutton, and mutton. The code identification letter: of the grader performing the service wil appear intermittently outside the shield
warded to a central office designated by the Chief, and such copies shall be kept on file until other disposition is ordered by the Administrator. Additional copies will be furnished to any person financially interested in the products involved upon the payment of fees as provided in $ 53.29(g). (34 F.R. 19337, Dec. 6, 1969) § 53.17 Advance information concern
ing service rendered. Upon request of any applicant, all or any part of the contents of any certificate issued to him under the regulations, or other notification concerning the determination of class, grade, other quality, or compliance of livestock or products for such applicant may be transmitted by telegraph or telephone to him, or to any person designated by him, at his expense. [24 F.R. 5280, June 30, 1959, as amended at 30 F.R. 4157, Mar. 31, 1965] $ 53.18 Marking of products.
All products for which class and grade under the standards in Subpart B of this part, or compliance, is determined under the regulations, or the immediate and shipping containers thereof, shall be stamped, branded, or otherwise marked with an appropriate oficial identification: Provided, That except as otherwise directed by the Chief, such marking will not be required when an applicant only desires oficial certificates. The marking of products, or their containers, as required by this section shall be done by official graders or under their immediate supervision. $ 53.19 Official identifications.
(a) A shield enclosing the letters "USDA" and code identification letters of the grader performing the service, as shown below, constitutes a form of official identification under the regulations for preliminary grade of carcasses and wholesale cuts.
(c) A shield enclosing the letter “USDA” and the words “Yield Grade, as shown below, with the appropriat cutability (yield) grade designation "1, “2,” “3," "4," or "5" as provided in th standards in Subpart B of this part con stitutes a form of official identification under the regulations to show the cuta bility (yield) grade under said stand ards. The code identification letters o the grader performing the service wi. appear outside the shield.
shal licant 1. One of the pe for
(d) The letters "USDA” with the ap (b) A shield enclosing the letters
propriate grade designation “1,” “2," "3, "USDA" as shown below with the appro
“Utility,” or “Cull” enclosed in a shiel priate quality grade designation "Prime,"
as shown below, as provided in the stand "Choice,” “Good,” “Standard,
ards in Subpart B of this part, consti mercial," "Utility," "Cutter," "Canner," tute forms of official identification unde