(c) Travel charges. (1) When service is requested at a place so distant from an official grader's headquarters or place of prior assignment on a circuit routing, that a total of one-half hour or more is required for the grader to travel to such place and back to the headquarters or to the next place of assignment on a circuitous routing, the charge for such service shall include a mileage charge at 9 cents per mile, and travel tolls if applicable, for such travel prorated against all the applicants furnished the service involved on an equitable basis, or, where the travel is made by public transportation (including hired vehicle), a fee equal to the actual cost thereof.

(d) Per diem charges.

When service

is requested at a place so distant from an official grader's headquarters that the work and travel required for such service cannot be performed within a calendar day, the fee for such service shall include a per diem charge, at the rate paid the grader which shall not exceed $13.00 per diem, for each full day or quarter portion of a day spent by the grader away from his headquarters in the performance of such work and travel. A fee of $3.25 shall be charged for such work and travel although the time spent therein is less than a quarter portion of a day.

(e) Charges to applicants for recognition of nonfederally inspected establishments. (1) The initial survey conducted to determine the eligibility of a nonfederally inspected establishment for service under § 53.7 shall be without cost to the applicant when the survey is made at the convenience of the Chief. Fees shall be charged, as provided in subparagraph (2) of this paragraph, (i) when the applicant requests in writing that a special trip be made to conduct the initial survey, and such survey is conducted within 30 days from receipt of such request; (ii) when any survey subsequent to the initial one is required by the Chief to determine whether the establishment meets the specific requirements for recognition of which it has been previously notified as a result of the initial survey, such survey is made within 2 years after the initial survey, and there has been no change in ownership of the establishment since the initial survey; or (iii) when a survey is conducted to determine the eligibility for recognition of an establishment the recognition of which has been withdrawn under § 53.6 or § 53.7 or at which

service has been denied or withdrawn under § 53.13(a).

(2) A fee at the applicable hourly rate calculated in accordance with paragraph (a) of this section shall be charged for time spent by an authorized official in making any survey for which fees are required to be charged under subparagraph (1) of this paragraph, including time spent in traveling to the establishment from his normal route of assignment and return. In addition, there shall be a travel charge for such travel and a per diem charge for each day, or quarter portion thereof, spent by such official away from his headquarters in the performance of such survey, including travel, at the rates provided for in paragraphs (c) and (d) of this section.

(3) In no case shall the total fees chargeable under subparagraph (2) of this paragraph for any such survey be less than $15.00.

(f) Fees for appeal service. Fees for appeal service shall be determined on the basis of the time, of two official graders, required to render the service, calculated to the nearest fifteen minute period, including the time required for the preparation of certificates and travel of such graders in connection with the performance of the service, at the applicable hourly rate prescribed in paragraph (a) of this section, plus any travel charges and per diem for such graders ordinarily chargeable under paragraphs (c) and (d) of this section: Provided, That when on appeal it is found that there was error in the original determination equal to or exceeding ten percent of the total number of similar units of the products involved, no charge will be made for the appeal service unless a special agreement therefor was made with the applicant in advance.

(g) Fees for extra copies of certificates. In addition to copies of certificates furnished under § 53.16, any financially interested person may obtain not to exceed three copies of any such certificate within one year from its date of issuance upon payment of a fee of $1.00, and not to exceed three copies of any such certificate at any time thereafter, while a copy of such certificate is on file in the Department, upon payment of a fee of $5.00.

[24 F.R. 5280, June 30, 1959, as amended at 27 F.R. 1963, Mar. 1, 1962, 30 F.R. 11680, Sept. 11, 1965; 31 F.R. 10241, July 29, 1966]

§ 53.30 Payment of fees and other charges.

Fees and other charges for service shall be paid in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the service is furnished. Upon receipt of billing for fees and other charges for service the applicant shall remit by check, draft, or money order, made payable to the Consumer and Marketing Service, U.S.D.A., payment for the service in accordance with directions on the billing, and such fees and charges shall be paid in advance if required by the official grader or other authorized official.

When an official grader, supervisor of grading, or other responsible employee of the Branch has evidence of misgrading, or of incorrect certification or other incorrect determination or identification as to the class, grade, other quality, or compliance of a product, he shall report the matter to his immediate supervisor. The supervisor of grading will investigate the matter and, if he deems advisable, will report it to the owner or his agent. The supervisor of grading shall take appropriate action to correct errors found in the determination or identification of class, grade or other quality or compliance of products if the products are still owned by the person who owned them when, and are still located at the establishment where, the incorrect service was rendered and if such service was rendered by a grader under the jurisdiction of such supervisor, and the supervisor of grading shall take adequate measures to prevent the recurrence of such errors. § 53.100 Kind and availability of service.

Dual grading service will be furnished in accordance with the applicable provisions of the regulations in this Subpart and under such further conditions as are specified by the Director for the determination of the grade, based on meat

yield and quality, of steer, heifer, or cow beef carcasses (whole or halves) in accordance with proposed standards (27 F.R. 3557) under consideration in the Department of Agriculture, in order to permit the practical evaluation of the proposed standards. Separate identifiIcation will be made of the grade based on meat yield and the grade based on quality. Service will not be furnished under this section for less than half carcasses nor in any instance in which the grader is unable to determine by weighing or otherwise the correct weight of the carcass prior to chilling. The service will be a voluntary service provided upon request and will be furnished if desired in addition to or in place of services otherwise available under the regulations in this subpart.

Under the proposed standards the present grade designations Prime through Canner would be used to identify the quality, and the meat yield would be identified by the numbers 1 through 6. No. "1" would represent the highest yield and No. "6" the lowest yield.

Under the present Federal meat grading system, grades of federally graded meat are indicated by a ribbon-like imprint of the grade name such as Prime and the letters "USDA" within a shield stamped on each carcass in purple ink. Meat given dual grading under the new regulation will be identified as to quality by the same type ribbon-like imprint and will be identified as to yield by a yield grade number with the letters “USDA” in a shield on each quarter of the carcass, both stamped in red ink. [27 F.R. 3548, Apr. 13, 1962]

§ 53.102

Subpart B-Standards

CARCASS BEEF

Application of standards for grades of carcass beef.

(a) The grade of a beef carcass is based on separate evaluations of two general considerations: (1) Palatability-indicating characteristics of the lean and conformation, herein referred to as "quality" and (2) the indicated percent of trimmed, boneless, major retail cuts to be derived from the carcass, herein referred to as "cutability." However, the grade of a beef carcass when applied by Federal meat graders may consist of an evaluation for the quality designation, the cutability designation, or a combination of both the quality and cutability

designations. In previous grade standards for beef and in the standards for grades of other kinds of meat, the Department uses the term “quality” to refer only to the palatability-indicating characteristics of the lean without reference to conformation. Its use herein to include consideration of conformation is not intended to imply that variations in conformation are either directly or indirectly related to differences in palatability.

(b) The grade standards are written so that the quality and cutability standards are contained in separate sections. The quality section is divided further into three separate sections applicable to carcasses from (1) steers, heifers, and cows, (2) bulls, and (3) stags. There are five cutability groups applicable to all classes of beef, denoted by numbers 1 through 5, with cutability group 1 representing the highest degree of cutability. Eight quality designations-Prime, Choice, Good, Standard, Commercial, Utility, Cutter, and Canner-are applicable to steer, heifer and cow carcasses, except that cow carcasses are not eligible for Prime. The quality designations for bull and stag beef are Choice, Good, Commercial, Utility, Cutter, and Canner.

(c) The standards provide for the grading and stamping of beef from steers, heifers, and cows according to its characteristics as beef without sex identification. Such beef placed within each respective grade, therefore, shall possess the characteristics specified for that grade, irrespective of the sex of the animal from which it was derived. Beef produced from bulls and stags shall be graded according to its characteristics as bull beef or as stag beef in accordance with the standards. When graded and identified according to grade, such beef shall be identified also for class as "Bull" beef or "Stag" beef, as the case may be. The designated grades of bull beef or stag beef herein are not necessarily comparable in quality or cutability with a similarly designated grade of beef derived from steers, heifers, or cows. Neither is the quality or cutability in a designated grade of bull beef necessarily comparable with a similarly designated grade of stag beef.

(d) The Department uses photographs and other objective aids in the correct interpretation and application of the standards.

(e) To determine the quality or cutability of a carcass, it must be split down the back into two sides and one side must be partially separated into a hindquarter and forequarter by sawing and cutting it, insofar as practicable, as follows: A saw cut perpendicular to both the long axis and split surface of the vertebral column is made across the 12th thoracic vertebra at a point which leaves not more than one-half of this vertebra on the hindquarter. The knife cut across the ribeye muscle starts-or terminates-opposite the above-described saw cut. From that point it extends across the ribeye muscle perpendicular to the outside skin surface of the carcass at an angle toward the hindquarter which is slightly greater (more nearly horizontal) than the angle made by the 13th rib with the vertebral column of the hindquarter posterior to that point. As a result of this cut, the outer end of the cut surface of the ribeye muscle is closer to the 12th rib than is the end next to the chine bone. Beyond the ribeye, the knife cut shall continue between the 12th and 13th ribs to a point which will adequately expose the distribution of fat and lean in this The knife cut may be made prior to or following the saw cut but must be smooth and even, such as would result from a single stroke of a very sharp knife.

area.

(f) Other methods of ribbing may prevent an accurate evaluation of grade determining characteristics. Therefore, carcasses ribbed by other methods will be eligible for grading only if an accurate grade determination is possible.

(g) Beveling of the fat over the ribeye, application of pressure, or any other influences which alter the area of the ribeye or the thickness of fat over the ribeye prevent an accurate cutability determination. Therefore, carcasses. subjected to such influences may not be eligible for a cutability determination. Also carcasses with more than minor amounts of lean removed from the major sections of the round, loin, rib, or chuck will not be eligible for a cutability determination.

(h) The quality and cutability grade descriptions are defined primarily in terms of carcass beef. However, the quality standards also apply to the grading of hindquarters, forequarters, and individual primal cuts-rounds, loins, short loins, loin ends, ribs, and chucks. A portion of a primal cut as well as plates, flanks, shanks, and briskets likewise can be graded if attached by their natural

attachments to a primal cut. Grade requirements for individual primal cuts or special cuts eligible for grading shall be based on the requirements specified in these standards and shall be consistent with the normal development of grade characteristics in various parts of a carcass of the quality level involved. The cutability standards also are applicable to the grading of hindquarters and forequarters, and to ribs, loins, short loins, and combinations of wholesale cuts which include either a rib or a short loin. Until such time as cutability standards are developed for rounds and chucks, their grade-when graded as a wholesale cut-will consist of the quality grade only. Other special major cuts or carcasses ribbed other than between the 12th and 13th ribs may be approved by the Consumer and Marketing Service for grading provided such deviations are necessary to meet either the demand of export trade or changing trade practices.

(i) Carcasses or wholesale cuts qualifying for any particular quality or cutability grade may vary with respect to their relative development of the various grade factors. There will be carcasses or wholesale cuts which qualify for a particular grade, some of whose characteristics may be more nearly typical of another grade. The following is an illustration of the foregoing. In comparison with the descriptions of maturity contained in the standards, a particular carcass might have a greater relative degree of ossification of the cartilages on the ends of its lumbar vertebrae than its other evidences of maturity. In such instances, the maturity of the carcass is not determined solely by the ossification of the lumbar vertebrae but neither is this ignored. All of the maturity-indicating factors are considered. In making any composite evaluation of two or more factors, it must be remembered that these frequently are developed to a different relative extent. Because it is impractical to describe the nearly limitless number of such recognizable combinations of characteristics, the standards for each quality and cutability grade describe only beef which has a relatively similar degree of development of the various factors affecting its quality and cutability. Also, the quality and cutability standards each describe beef which is representative of the lower limits of each quality and cutability group.

(j) The quality grade of a beef carcass is based on separate evaluations of two

general considerations: (1) The quality or the palatability-indicating characteristics of the lean and (2) the conformation of the carcass.

(k) Conformation is the manner of formation of the carcass or primal cut. The conformation descriptions included in each of the grade specifications refer to the thickness of muscling and to an overall degree of thickness and fullness of the carcass and its various parts. Carcasses or primal cuts which meet the requirements for thickness of muscling specified for a grade will be considered to have conformation adequate for that grade despite the fact that, because of a lack of fatness, they may not have the overall degree of thickness and fullness described.

(1) Conformation is evaluated by averaging the conformation of the various parts of the carcass or primal cut, considering not only the proportion that each part is of the carcass or primal cut weight but also the general value of each part as compared with the other parts. Thus, although the chuck and round are nearly the same percentage of the carcass weight, the round is considered the more valuable cut. Therefore, in evaluating the overall conformation of a carcass, the development of the round is. given more consideration than the development of the chuck. Similarly, since

the loin is both a greater percentage of the carcass weight and also generally a more valuable cut than the rib, its conformation receives much more consideration than the conformation of the rib. Superior conformation implies a high proportion of meat to bone and a high proportion of the weight of the carcass. or cut in the more valuable parts. It is reflected in carcasses and cuts which are very thickly muscled, very full and thick in relation to their length and which have a very plump, full, and wellrounded appearance. Inferior conformation implies a low proportion of meat to bone and a low proportion of the weight of the carcass or cut in the more valuable parts. It is reflected in carcasses and cuts which are very thinly muscled, very narrow and thin in relation to their length and which have a very angular, thin, sunken appearance.

(m) Quality of the lean is evaluated by considering its marbling and firmness. as observed in a cut surface in relation to the apparent maturity of the animal from which the carcass was produced..

The maturity of the carcass is determined by evaluating the size, shape, and ossification of the bones and cartilagesespecially the split chine bones-and the color and texture of the lean flesh. In the split chine bones, ossification changes occur at an earlier stage of maturity in the posterior portion of the vertebral column (sacral vertebrae) and at progressively later stages of maturity in the lumbar and thoracic vertebrae. The ossification changes that occur in the cartilages on the ends of the split thoracic vertebrae are especially useful in evaluating maturity and these vertebrae are referred to frequently in the standards. Unless otherwise specified in the standards, whenever the ossification of cartilages on the thoracic vertebrae is referred to, this shall be construed to refer to the cartilages attached to the thoracic vertebrae at the posterior end of the forequarter. The size and shape of the rib bones also are important considerations in evaluating differences in maturity. In the very youngest carcasses considered as "beef," the cartilages on the ends of the chine bones show no ossification, cartilage is evident on all the vertebrae of the spinal column, and the sacral vertebrae show distinct separation. In addition, the split vertebrae usually are soft and porous and very red in color. In such carcasses the rib bones have only a slight tendency toward flatness. In progressively more mature carcasses, ossification changes become evident first in the bones and cartilages of the sacral vertebrae, then in the lumbar vertebrae, and still later in the thoracic vertebrae. In beef which is very advanced in maturity, all the split vertebrae will be devoid of red color, very hard and flinty, and the cartilages on the ends of all the vertebrae will be entirely ossified. Likewise, with advancing maturity, the rib bones will become progressively wider and flatter until in beef from very mature animals the ribs will be very wide and flat.

(n) The color and texture of the lean flesh also undergo progressive changes with advancing maturity. In the very youngest carcasses considered as "beef," the lean flesh will be very fine in texture and light grayish red in color. In progressively more mature carcasses, the texture of the lean will become progressively coarser and the color of the lean will become progressively darker red. In very mature beef the lean flesh will be very coarse in texture and very dark red

in color. Since color of lean also is affected by variations in quality, references to color of lean in the standards for a given degree of maturity vary slightly with different levels of quality. In determining the maturity of a carcass or cut in which the skeletal evidences of maturity are different from those indicated by the color and texture of the lean, slightly more emphasis is placed on the characteristics of the bones and cartilages than on the characteristics of the lean. In no case can the overall maturity of the carcass or cut be considered more than one full maturity group different from that indicated by its bones and cartilages.

(0) In determining compliance with the maximum maturity limits for the Prime, Choice, Good, and Standard grades, color and texture of the lean are considered only when the maturityindicating factors other than color and texture of the lean indicates only a slightly more advanced degree of maturity than that specified as maximum for the applicable grade, and provided further that the lean is considerably finer in texture and lighter in color than normal for the grade and maturity involved. The same principle, in reverse, is likewise applicable to determining compliance with the minimum maturity limits of the Commercial grade.

(p) These standards are applicable to the grading of beef within the full range of maturity within which cattle are marketed. However, the range of maturity permitted within each of the grades varies considerably. The Prime, Choice, Good, and Standard grades are restricted to beef from young cattle; the Commercial grade is restricted to beef from cattle too mature for Good or Standard; and the Utility, Cutter, and Canner grades include beef from animals of all ages. Within any specified grade, the requirements for marbling and firmness increase progressively with evidences of advancing maturity. To facilitate the application of this principle, the standards recognize nine different degrees of marbling and five different maturity groupings.

(q) The relationship between marbling, maturity, and quality (that part of the final grade that represents the palatability of the lean) is shown in Figure 1. From this figure it can be seen, for instance, that the minimum marbling requirement for Choice varies from a minimum small amount for the very