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]

(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 regulations.

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

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.

(b) Form of official identification symbol and grade mark. (1) The shield set forth in Figure 1 shall be the official identification symbol for purposes of this part, and when used, imitated, or simulated in any manner in connection with

U. S. D. A. INSPECTED AND PASSED

Plant No.

VOLUNTARY POULTRY

INSPECTION
SERVICE

Federal-State Graded

FIGURE 3.

(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.

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.

(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.

INSP

FOR WHOL

CTED

OLESOMEN

MENESS

U.S.

DEPARTMENT OF
AGRICULTURE
P-42

FIGURE 5.

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

§ 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. The 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.

§ 70.130

FEES AND CHARGES

Payment of fees and charges. (a) Fees and charges for any grading or inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of this section and §§ 70.131 to 70.141, both inclusive. If so required by the grader or inspector, such fees and charges shall be paid in advance.

(b) Fees and charges for any grading or inspection service shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by check, draft, or money order payable to the Consumer and Marketing Service and remitted promptly to the Service.

(c) Fees and charges for any grading or inspection under a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement.

[33 F.R. 20004, Dec. 31, 1968, as amended at 35 F.R. 9918, June 17, 1970]

(a) Unless otherwise provided in this part, the fees to be charged and collected for any service (other than for an appeal grading) performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b) Fees for grading or inspection services will be based on the time required to perform such service for class, quality, quantity (weight test), or condition, whether live, dressed, or readyto-cook poultry is involved. The hourly charge shall be $9.20 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c) Grading or inspection services rendered on Saturdays, Sundays, or Government authorized holidays shall be charged for at the rate of $11.40 per hour. Information on Government authorized holidays is available from the Supervisor.

[33 F.R. 20004, Dec. 31, 1968, as amended at 35 F.R. 9919, June 17, 1970]

§ 70.132 Fees for appeal grading, laboratory analyses or examination or review of a grader's decision.

(a) The fee to be charged for any appeal grading, or laboratory analysis or examination shall be based on the hourly rates as specified in § 70.131 (b) or (c). If the result of the appeal grading, or laboratory analysis or examination discloses that a material error was made in the original grading, analysis or examination, no fee will be charged.

(b) No fee shall be charged for the appeal under § 70.211(a) of a grader's decision unless special travel was necessary to perform the appeal service and the grader's decision was upheld on the appeal. In such cases, the fee shall be based on the hourly rates as specified in § 70.131 (b) or (c).

[35 F.R. 9918, June 17, 1970]

§ 70.133 Laboratory analyses.

Fees and charges for any laboratory analysis or examination for poultry or poultry products made under this part shall be assessed and collected in accordance with the provisions for fees and charges for such services as contained in Part 55 of this chapter.

(Secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624; 29 F.R. 16210,

as amended; 33 F.R. 10750) [34 F.R. 20383, Dec. 31, 1969]

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

Additional copies, other than those provided for in §§ 70.171 to 70.173, 70.201 and 70.211, 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.

[19 F.R. 1638, Mar. 26, 1954, as amended at 29 FR. 7710, June 17, 1964]

§ 70.136 Travel expenses and other

charges.

Charges are to be made to cover the cost of travel and other expenses incurred by the Service in connection with rendering inspection or grading service. Such charges shall include the costs of transportation, per diem, and any other expenses. Expenses are to be charged on an appeal certificate regardless of the grading results. Ten percent of the total expenses shall be added to cover administrative costs of the Department. The minimum expense charge shall be $0.50 per certificate.

[33 F.R. 20005, Dec. 31, 1968]

§ 70.137 Charges for continuous grading performed on a nonresident basis. Fees to be charged and collected for grading service on a nonresident grading basis shall be those provided in this section. The fees to be charged for any appeal grading shall be as provided in § 70.132.

(a) Charges. The charges for the grading of poultry and edible products thereof shall be paid by the applicant for the service and shall include 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 applicant to the Consumer and Marketing Service, U.S. 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 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 billing period in which the service was rendered and are payable upon receipt. A charge will be made by C&MS in the amount of two (2) percent of any amounts remaining un