spected and certified shall be cause for the debarment of services and such other actions as provided for in the Agricultural Marketing Act of 1946. (I) U. S. GRADE A (2) U. S. CHOICE Grade marks not in shield design. FIGURE 10. (e) Sampling marks. Processed products which have been packed under inspection as provided for in this section and products sampled for inspection on a lot basis as provided in this part may, at the option of the Department, be identified by an authorized representative of the Department by stamping the shipping cases and inspection certificate(s) covering such lot(s) with an officially drawn sampling mark similar in form and design to the example in figure 11 of this section. OFFICIALLY SAMPLED MAR 24'73 U.S. DEPARTMENT OF AGRICULTURE WASHINGTON, D.C. FIGURE 11. (f) Removal of labels bearing approved grade or inspection marks (figures 1 through 8). (1) At the time a lot of processed products, bearing approved grade or inspection marks (figures 1 through 8) is found to be mislabeled, the processor shall separate and retain such lot for relabeling. Removal and replacement of labels shall be done, under the supervision of a USDA inspector within ten (10) consecutive calendar days or within such period of time as may be mutually agreed by the processor and USDA. (2) The processor shall be held accountable to the Department for all mislabeled products until the products have been properly labeled. (3) Clearance for the release of the relabeled product shall be obtained, by the processor, from the inspector. (g) Licensing and identification of certain official devices. The Administrator may issue licenses permitting the manufacture, identification, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under such terms and conditions as may be specified by the Administrator. Licenses shall be available to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be recoverable for cause. No person shall manufacture, identify, distribute or sell any such official device except at the direction of or under license from the Administrator. Such official devices may be marked, tagged or otherwise designated with the prefix "USDA" together with other identifying words or symbols, as prescribed by the license. (h) Prohibited uses of approved identification. Except as specified in this section, no label or advertising material used upon, or in conjunction, with a processed product, as defined by these Regulations, shall bear a brand name, trademark, product name, company name, or any other descriptive material that incorporates, resembles, simulates, or alludes to, any official U.S. Department of Agriculture certificate of quality or loading, grade mark, grade statement (except honey and maple syrup which may bear such grade mark or statement), continuous 60 021 0 80 6 inspection mark, continuous inspection statement, sampling mark or sampling statement, or combinations of one or more thereof. [38 FR 25169, Sept. 12, 1973, as amended at 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977] § 2852.54 Debarment of service. (a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. The rules of practice governing withdrawal of inspection and grading services set forth in 7 CFR Part 50 shall be applicable to such debarment action. (1) Fraud or misrepresentation. Any misrepresentation or deceptive or fraudulent practice or act found to be made or committed in connection with: (i) The making or filing of an application for any inspection service; (ii) The submission of samples for inspection; (iii) The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part; (iv) The use of the words "Packed under continuous inspection of the U.S. Department of Agriculture," any legend signifying that the product has been officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product; (v) The use of a facsimile form which simulates in whole or in part any official U.S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product. (2) Wilful violation of the regulations in this subpart. Wilful violation of the provisions of this part of the Act. (3) Interfering with an inspector, inspector's aid, or licensed sampler. Any interference with, obstruction of, or attempted interference with, or attempted obstruction of any inspector, inspector's aide, or licensed sampler in the performance of his duties by in timidation, threat, assault, bribery, or any other means-real or imagined. [38 FR 25170, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977] § 2852.55 Political activity. All inspectors and licensed samplers are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, are prohibited. This applies to all appointees or licensees, including, but not limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Wilful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees. § 2852.56 [Reserved] § 2852.57 Compliance with other laws. None of the requirements in the regulations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing establishments and to processed food products. § 2852.58 Identification. Each inspector and licensed sampler shall have in his possession at all times and present upon request, while on duty, the means of identification furnished by the Department to such person. REQUIREMENTS FOR PLANTS TO BE APPROVED AND FOR PLANTS USING CONTRACT IN-PLANT INSPECTION SERVICES ' SOURCE: §§ 2852.81 to 2852.83 appear at 38 FR 25170, Sept. 12, 1973, unless otherwise 'Compliance with the above requirements does not excuse failure to comply with all applicable sanitary rules and regulations of city, county, State, Federal, or other agencies having jurisdiction over such plants and operations. noted. Redesignated at 42 FR 32514, June 27, 1977. § 2852.81 Plant survey. Prior to a plant being approved, or the inauguration of in-plant inspection services, and at such intervals as may be deemed necessary or appropriate, the Administrator will make, or cause to be made, a survey and inspection of the plant where such inspection services are to be performed to determine whether the plant and methods of operation are suitable and adequate for the performance of such service in accordance with: (a) The regulations in this part, including, but not limited to, the requirements contained in §§ 2852.81 through 2852.83; and (b) The terms and provisions of any contract pursuant to which the service is to be performed: Provided, That, such survey(s) shall be repeated at least yearly. § 2852.82 Basis of survey and plant inspection. The plant survey and inspection will be based on the Regulations issued under the Federal Food, Drug, and Cosmetic Act-Human Foods; Good Manufacturing Practice (Sanitation) in Manufacture, Processing, Packing, or Holding (21 CFR, Part 110)—as may be modified or augmented by the Federal Food and Drug Administration, U.S. Department of Health, Education, and Welfare or the Administrator of the Food Safety and Quality Service. § 2852.83 Reporting results of the plant survey and inauguration of inspection services. (a) Results of the plant survey shall be reported in writing to a designated plant official. (b) When the plant meets the requirements for the survey, inspection services may be inaugurated at a time mutually satisfactory to the plant management and USDA. (c) When the plant fails the requirements of the survey, contract services shall be withheld until corrective action is completed to the satisfaction of the USDA. Subpart-United States Standards for Inspection by Variables AUTHORITY: Sec. 205, 60 Stat. 1090, as amended (7 U.S.C. 1624). SOURCE: 38 FR 10447, Apr. 27, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977. PURPOSE, OPTIONS, REQUIREMENTS § 2852.201 Purpose. The purpose of these standards is to: (a) Designate and define symbols and terminology associated with statistical quality control; (b) Prescribe a procedure for collect. ing and recording data that is adaptable to use for statistical quality control; and (c) Provide a statistical procedure for determining compliance of a variable, which may be any measurable product characteristic, with a specified requirement. § 2852.202 Options. These standards provide for three options, any one of which may be applied to determine compliance of a variable. These options are based on procedures employing the use of: (a) Conventional averages; (b) The median; or (c) Moving averages. § 2852.203 Requirements for application. These standards are written in general terms to be applied to any variable. Therefore, in order to use these standards it will be necessary to predetermine: (a) The sampling allowance code; (4) Maximum range, when re quested. DEFINITIONS § 2852.204 Definitions. Statistical and inspection symbols and terms and their respective definitions which are pertinent to the understanding and application of these standards follow. |