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, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees, and employees on leave of absence with or without pay. Willful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

[28 F.R. 6342, June 20, 1963]

All graders, samplers, and supervisors of packaging shall each have in possession at all times, and present upon request, while on duty, the means of identification furnished by the Department to such person.

[31 F.R. 2773, Feb. 16, 1966]

APPLICATION FOR GRADING AND SAMPLING § 56.20 Who may obtain grading and sampling service.

An application for grading or sampling 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. [28 F.R. 6342, June 20, 1963]

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

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

(b) Continuous grading service on a resident basis or continuous grading service on a nonresident basis. An application for continuous grading 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 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 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. 2773, Feb. 16, 1966]

§ 56.22 Filing of application.

An application for grading or sampling of a specified lot of any product. shall be regarded as filed only when made pursuant to this part.

[28 F.R. 6342, June 20, 1963] § 56.23

Form of application.

Each application for grading or sampling a specified lot of any product shall include such information as may be required by the Administrator in regard to the product and the premises where such product is to be graded or sampled. [28 F.R. 6342, June 20, 1963]

§ 56.24 When application may be rejected.

An application for grading service or sampling 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 services; (e) whenever the applicant fails to bring the plant facilities, and operating procedures into compliance with the regulations within a reasonable period of time; (f) notwithstanding any prior approval whenever,

before inauguration of service, the applicant fails to fulfill commitments concerning the inauguration of the service; (g) when it appears that to perform the services specified in this part would not be to the best interests of the public welfare or of the Government; or (h) when it appears to the Administrator that prior commitments of the Department necessitate rejection of the application. 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. [28 F.R. 6342, June 20, 1963]

§ 56.25 When application may be withdrawn.

An application for grading 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.

[20 F.R. 671, Feb. 1, 1955]

§ 56.26 Authority of applicant.

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

[20 F.R. 671, Feb. 1, 1955]

(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, after notice and opportunity for hearing has been accorded him:

(1) Misrepresentation, deceptive, or fraudulent act or practice. Any wilful misrepresentation or any deceptive or fraudulent act or practice found to be made or committed by any person in connection with:

(i) The making or filing of an application for any grading service or sampling service, appeal or grading service;

(ii) The making of the product accessible for sampling or grading;

(iii) The making, issuing or using or attempting to issue or use any grading certificate, symbol, stamp, label, seal, or identification authorized pursuant to the regulations in this part;

(iv) The use of the terms "United States" or "U.S." in conjunction with the grade of the product;

(v) 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

(vi) The use of the terms "Government Grader," "Federal-State Graded," or terms of similar import in the labeling or advertising of any product.

(2) 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.

(3) Willful violation of the regulations. Any willful violation of the regulations in this part or the act.

(4) Interfering with a grader or employee of the Service. Any interference with or obstruction or any attempted interference or obstruction of or assault upon any grader, licensee, 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.

(5) 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 label or advertisement the U.S. grade of the product as determined by an authorized grader.

(6) Miscellaneous. The existence of any of the conditions set forth in § 56.24 constituting the basis for the rejection of an application for grading service.

(b) Whenever the Administrator has reason to believe that any person, or his employee, agent, or representative has flagrantly or repeatedly committed any of the acts or practices specified in paragraph (a) of this section, he may without hearing direct that the benefits of the act be denied such person, including any agents, officers, subsidiaries or affiliates of such person, pending investigation and hearing and shall give notice thereof by registered mail. A written petition for reconsideration of such interim denial may be filed with the Administrator by any person so denied the benefits of the act if postmarked or delivered within 10 days after notice of the interim denial. Such petition shall state specifically the errors alleged to have been made by the Administrator in denying the benefits of the act pending investigation and hearing. Within 20 days following the receipt of such a petition for reconsideration, the Administrator shall reinstate the benefits of the act or notify the petitioner by registered mail of the reasons for continued interim denial.

[20 F.R. 9895, Dec. 23, 1955, as amended at 28 F.R. 6343, June 20, 1963]

IDENTIFYING AND MARKING PRODUCTS SOURCE: §§ 56.35 to 56.38 appear at 28 F.R. 6343, June 20, 1963, unless otherwise noted.

§ 56.35 Authority to use, and approval of official identification.

(a) Authority to use official identification. Authority to officially identify product, graded pursuant to this part, is granted only to applicants who make the services of a grader or supervisor

of packaging available for use in accordance with this part. Packaging materials bearing official identification marks shall be approved pursuant to §§ 56.35 to 56.39, both inclusive, and shall be used only for the purpose for which approved and shall not otherwise be disposed of from the plant for which approved except with written approval of the Administrator. Any unauthorized use or disposition of approved labels or packaging material which bears any official identification may result in cancellation of the approval and denial of the use of labels or packaging material bearing official identification or denial of the benefits of the Act pursuant to the provisions of § 56.31.

(b) Approval of official identification. Any label or packaging material which bears any official identification shall be used only in such manner as the Administrator may prescribe. No label or packaging material bearing official identification may be used unless finished copies or samples of such labels and packaging material have been approved by the Administrator, except that a grader may apply official identification stamps to shipping containers if they do not bear any statement that is false or misleading. No label bearing the official identification shall be printed for use until the printer's final proof has been approved by the Administrator; and no label bearing any official identification shall be used until finished copies or samples of such label have been approved by the Administrator. A label which bears official identification shall not bear any statement that is false or misleading. If the label is printed or otherwise applied directly to the container, the principal display panels of such container shall for this purpose be considered as the label. The label shall contain the name and address of the packer or distributor of the product, the name of the product and a statement of the net contents of the container.

§ 56.36 Information required on, and form of grade mark.

(a) Information required on grade mark. Except as otherwise authorized, each grade mark provided for in this section shall conspicuously and legibly indicate: (1) The letters "USDA"; (2) the U.S. Grade of the product it identifies, such as, "U.S. A Grade"; (3) one of the

following phrases: "Graded under Federal-State Supervision," "Graded under U.S. and State Supervision," or a term of similar import; (4) the size or weight class of the product, such as "Large," except that the size may be omitted from the grade mark if it appears prominently on the main panel of the carton; (5) the plant number of the official plant where the product was packed, except that the appropriate plant number may be shown legibly elsewhere on the packaging material.

(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 shell eggs shall be deemed to constitute a representation that the product has been officially graded for the purposes of § 56.2.

FIGURE 1.

(2) Except as otherwise authorized, the grade mark permitted to be used to officially identify cartons of shell eggs which are graded pursuant to the regulations in this part shall be contained in a shield and in the form and design indicated in Figures 2, 3, and 6 of this section. The shield shall be of sufficient 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. When the size or weight class is included as a part of the grade mark, the form of such mark shall be as indicated in Figure 2 and when the size or weight

(3) Fresh Fancy Quality or AA grade mark. Eggs which are packaged pursuant to § 56.42 and are to be grade marked shall be labeled with one of the following grade marks:

USDA

FRESH

FANCY QUALITY

PRODUCED and MARKETED

under FEDERAL-STATE QUALITY CONTROL PROGRAM

FIGURE 4.

§ 56.37 Dating of officially identified product.

Each carton identified with grade marks shown in § 56.36, other than those shown in Figures 4 and 5 of paragraph (b) (3) and Figure 7 of paragraph (b) (4) of § 56.36, shall have either the date the eggs were graded or an expiration date applied legibly to the carton or on the tape used to seal the carton in a manner satisfactory to the Administrator.

(a) If the date of grading is used, it shall be expressed as the "month" and "day," or the number of the "month" and "day," or as the consecutive day of the year, except that the Administrator may prohibit the use of the consecutive day of the year when it is demonstrated that marketing practices of a firm are such that the original quality of the eggs identified is not adequately protected.

(b) If the expiration date is used, it shall be stated as the month and day or the number of the month and day preceded by the letters "Exp." or a statement such as, "Not to be sold after." The ex

piration date shall not exceed 10 days from the date of grading, excluding date of grading.

§ 56.38 Rescindment of approved labels.

Once a year, or more often, if requested, each applicant shall submit to the Administrator a list, in triplicate, of approved labels which bear any official identification that have become obsolete, accompanied with a statement that such approvals are no longer desired. The approvals shall be identified by the date of approval, and the grade, weight class, and brand name of the product.

PREREQUISITES TO PACKAGING PRODUCTS IN CARTONS WITH GRADE IDENTIFICATION LABELS

§ 56.39 Supervisor of packaging required.

The official identification of any graded product as provided in §§ 56.35 to 56.43, inclusive, shall be done only under the supervision of a grader or supervisor of packaging. The grader or supervisor of packaging shall have supervision over the use and handling of all material bearing any official identification. [28 F.R. 6344, June 20, 1968]