cant for the service in accordance with the applicable provisions of §§ 70.130 to 70.140 and, if so required by the Administrator, such fees and charges shall be paid in advance.

(b) Fees and charges for any grading or inspection performed by any grader or inspector who is a salaried employee of the Department 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 pursuant to a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement.

[18 F.R. 6917, Nov. 3, 1963; 30 F.R. 6207, May 4, 1965]

§ 70.131

Grading and inspection service on a fee basis.

(a) Grading: Unless otherwise provided the fees to be charged and collected for any grading service (other than for an appeal grading) on a fee basis shall be based on the applicable rates specified in § 70.133. In the event the aforesaid applicable rates specified in § 70.133 are deemed by the Administrator to be inadequate fully to reimburse the Service for all costs and other items paid or incurred by the Service in connection with such grading service, the fees for such service shall not be based on the rates specified in § 70.133, but shall be based on the time required to perform such grading service and the travel of each grader at the rate of $7.20 per hour for the time actually required. The minimum time charged for grading any lot in excess of 180 pounds shall be one-half hour except when grading multiple lots for contract deliveries as provided for in § 70.133.

(b) Inspection: Fees to be charged and collected for inspection services furnished on a fee basis shall be based on the time required to render such service including but not being limited to, the time required for the travel of the inspector or inspectors, in connection therewith, at the rate of $7.20 per hour for each inspector for the time actually required, except as provided in paragraph (c) of this section.

(c) If an applicant requires that any grading or inspection services be performed on a holiday, Saturday, Sunday, or between the hours of 5 p.m. and 7 a.m., Monday through Friday, he shall be

charged for such service at the rate of $7.20 per hour.

[31 F.R. 10108, July 27, 1966]

§ 70.132

Fees for appeal grading.

The fees to be charged for any appeal grading shall be double the fee specified in the grading certificate from which the appeal is taken: Provided, That the fee for any appeal grading requested by the United States, or any agency or instrumentality thereof, shall be not more than that set forth in the grading certificate from which the appeal is taken. If the fee on the certificate from which the appeal is taken is based on the provisions of 70.138, then the fee for such appeal grading shall be double the amount specified in § 70.133 for the applicable volume of product appeal graded. If the result of any appeal grading discloses that a material error was made in the grading appealed from, no fee shall be required.

[21 F.R. 5251, July 14, 1956]

§ 70.133 Poultry grading fees.

For each grading for class, quality, or condition of any lot of poultry, whether live, dressed, or ready-to-cook, the following fees shall be applicable, except that in instances where more than one lot of product is involved in a single grading for contract acceptance of product to be delivered to an individual receiver, the charge for examining these lots in excess of one may be based on the time required, at the rate specified in § 70.131 (a) or (c), whichever is applicable:

Charges may be made to cover the cost of travel and other expenses incurred by the Service in connection with the performance of any grading or inspection services. Such charges shall include the costs of travel, per diem, and other expenses, plus a charge of 10 percent of the amount charged for said travel, per diem, and other expenses to cover administrative costs of the Department. When travel and other expenses are charged in connection with any grading or inspection, the minimum charge which shall be made shall be $0.50.

[25 F.R. 10759, Nov. 11, 1960]

§ 70.137 Charges for continuous grading performed on a nonresident basis. When grading service is furnished on a continuous nonresident basis, the charges and other provisions contained in § 70.138 are applicable with the exception of those in §§ 70.138(a) (1), (8) (i), (ii), and (9). An administrative charge shall also be made by adding 20 percent to each of the charges specified in §§ 70.138 (a) (3) and (7).

[31 F.R. 2775, Feb. 16, 1966] § 70.138

Continuous grading performed

on a resident basis.

Fees to be charged and collected for any grading service, other than for an appeal grading, on a resident 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 grading of poultry and edible products thereof shall be paid by the applicant for the service and shall include such of the 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,

United States 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, from time to time, 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 month in which the service was rendered and are payable upon receipt. A charge will be made by C&MS in the amount of one (1) percent per month, or fraction thereof of any amounts remaining unpaid after 30 days from the date of billing.

(1) A charge of $7.20 per hour plus actual costs to C&MS for per diem and travel costs incurred in rendering service not specifically covered in this section; such as, but not limited to, initial surveys;

(2) A charge of $150 for the final survey and inauguration of the grading service including the assignment of one grader;

(3) A charge equal to the cost of salary paid to each grader assigned to the applicant's plant by C&MS: Provided, That no charge will be made for salary of any grader ordinarily assigned to the applicant's plant while temporarily reassigned by C&MS to perform grading service for other than the applicant.

(4) A charge for the relief grader at the rate of the regular grader's salary and the actual travel expenses and per diem paid by C&MS to any grader whose services are required for relief purposes when regular graders are on annual or sick leave;

(5) A charge for the actual cost to C&MS of any travel and per diem incurred by each grader assigned to the plant while in the performance of grading service for the applicant;

(6) A charge to cover the actual cost to C&MS of the travel (including the cost of movement of household goods and dependents) and per diem with respect to each grader who is transferred (other than for the convenience of C&MS) from an official station to the designated plant;

(7) A charge equal to 20 percent of the base salary to cover an amount equal to the cost to C&MS for the Employer's tax imposed under the United States Internal Revenue Code (26 U.S.C.) for Old Age and Survivors Benefits under the Social Security System and for Insurance as provided in the Federal Em

ployees' Group Life Insurance Act of 1954, Federal Employees' Health Benefits Act of 1959, sick leave, annual leave, and related servicing costs;

(8) A charge equal to 7 percent of: (i) The overtime salary, (ii) the salary paid to each grader exclusive of one regular grader, and (iii) all charges made to the applicant for transportation and per diem which are paid by C&MS to graders assigned to the applicant;

(9) An administrative service charge based on the aggregate weight of the total monthly volume of all poultry handled in the plant, and computed in accordance with the following table:

COMPUTATION OF ADMINISTRATIVE SERVICE

'The maximum charge shall not exceed $175.00.

(b) Other provisions. (1) The applicant shall designate in writing the employees of the applicant who will be required and authorized to furnish each grader with such information as may be necessary for the performance of the grading service.

(2) C&MS will provide as available an adequate number of graders to perform the grading service.

(3) The grading service shall be provided at the designated plant and shall be continued until the service is suspended, withdrawn, or terminated by: (i) Mutual consent;

(ii) Thirty (30) days' written notice by either the applicant or C&MS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by C&MS to the applicant, if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or

(iv) Termination of the services pursuant to the provisions of subdivision (v) of this subparagraph;

(v) Grading service shall be terminated by C&MS at any time C&MS, acting pursuant to any applicable laws, rules, and regulations, debars the applicant

from receiving any further benefits of the service.

(4) Graders will be required to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by C&MS: Provided, That in no instance may the graders assume the duties of management.

[21 F.R. 5251, July 14, 1956, as amended at 22 F.R. 10955, Dec. 28, 1957, 25 F.R. 4729, May 28, 1960, 29 F.R. 7710, June 17, 1964; 31 F.R. 2775, Feb. 16, 1966; 31 F.R. 10108, July 27, 1966]

§ 70.139 Fees for grading service or inspection service performed under cooperative agreement.

The fees to be charged and collected for any grading service or inspection service performed under cooperative agreement shall be those provided for by such agreement.

[18 F. R. 6918, Nov. 3, 1953]

§ 70.140 Disposition of fees for inspections made under cooperative agree

ment.

Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted to the Service. [18 F. R. 6918, Nov. 3, 1953; 19 F. R. 57, Jan. 6, 1954]

§ 70.141

Continuous

inspection performed on a resident basis.

(a) Except as provided in paragraph (b) of this section, the charges and other provisions for inspection of poultry and edible products thereof shall be the same as those provided for grading service in § 70.138 when the inspection service is performed on a continuous year-round resident basis and the services of an inspector or inspectors are required 4 or more hours per day. When the services of an inspector or inspectors are required on an intermittent basis, the charges shall be at the hourly rate specified in § 70.131(b) plus the travel expense and other charges provided for in § 70.136.

(b) Surveys made pursuant to the regulations (Part 81 of this chapter), under the Poultry Products Inspection Act will be accepted for purposes of § 70.44 and where a determination of eligibility for service under the regulations in this part is to be made upon the

basis of such surveys the charge specified in § 70.138(a) (2) is not applicable. [31 F.R. 10108, July 27, 1966]

§ 70.142 Charges and other provisions where application is in effect during season of no operation.

(a) Charges. If an applicant requests in writing the removal of a grader or graders while the designated plant is closed for the season, and such request is granted by the Administrator, an administrative service charge of $25.00 shall be paid by the applicant for each calendar month in which the application is in effect and no product is processed. other charges pursuant to § 70.138 will be applicable. A form for making a request in accordance with the provisions of this section may be obtained from the Administrator.

No

(b) Other provisions. In making a request, the applicant shall agree not to process or label any product until a grader is reassigned and not to use or ship any packaging or labeling material bearing the official mark without prior approval of a Federal-State Supervisor. Reassignment of graders will be subject to the availability of qualified graders and applicants shall request reassignment of a grader 45 days prior to the date that operations will be resumed.

[23 F.R. 8173, Oct. 24, 1958, as amended at 30 F.R. 9531, July 30, 1965]

INSPECTION PROCEDURES

§ 70.150 Manner of handling products in an official plant.

Unless otherwise specified in the regulations in this part or by the Administrator, products which are to be further processed under inspection in an official plant shall be prepared and handled in such official plant under the supervision of an inspector, and the inspection procedures used in this part shall, where applicable, be the same as those provided in §§ 81.61 through 81.110 of this chapter. [29 F.R. 7861, June 20, 1964]

INSPECTION CERTIFICATES

§ 70.170 Forms of inspection certifi

cates.

Each issued inspection certificate pursuant to the regulations in this part shall be approved by the Administrator as to form, and:

(a) Each dressed poultry inspection certificate shall show the class or classes of poultry, the quantity of product con

66-009-67- 21

tained in the respective lot, and all pertinent information concerning the condition and wholesomeness thereof;

(b) Each food product inspection certificate shall show the names of the edible products covered by such certificate, the quantity of each such product, such shipping marks as are necessary to identify such products, and all pertinent information concerning the condition and wholesomeness thereof;

(c) Each export inspection certificate issued pursuant to the regulations in this part shall show the respective name of the exporter and the consignee, the destination of the products, the shipping marks, the names of the products, the total net weight thereof, and such other information as the Administrator may prescribe or approve.

[18 F.R. 6920, Nov. 3, 1953, as amended at 27 FR. 8098, Aug. 15, 1962]

§ 70.171 Issuance and disposition of dressed poultry inspection certifi

cates.

(a) Upon the request of an interested party, any inspector is authorized to issue a dressed poultry inspection certificate with respect to any lot of dressed poultry inspected by him. Each certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot.

(b) The original and a copy of each inspection certificate, issued pursuant to §§ 70.170 to 70.174, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the office of the area supervisor serving the area in which the inspection was performed, and the remaining copies to be disposed of in such manner as the Administrator may approve. Additional copies of any such certificate may be furnished to any interested party as provided in § 70.135.

[18 F. R. 6920, Nov. 3, 1953, as amended at 20 F. R. 1195, Feb. 26, 1955, 22 F. R. 8169, Oct. 16, 1957]

§ 70.172 Food product inspection certificates; issuance and disposition. (a) Upon the request of an interested party, any inspector is authorized to issue a food product inspection certificate with

respect to any inspected and certified edible product after suitable examination of the product has been made by the inspector.

(b) The original of each food product inspection certificate, and not to exceed two copies thereof, if requested, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Another copy shall be filed in the office of the area supervisor serving the area in which such certificate was issued, and one copy shall be forwarded to the Administrator. The last named two copies shall be retained until otherwise ordered by the Administrator.

[18 F. R. 6920, Nov. 3, 1953, as amended at 20 F. R. 1195, Feb. 26, 1955]

§ 70.173 Export certificates.

(a) Upon request, any inspector is authorized to issue an export certificate with respect to the shipment to any foreign country of any product inspected and passed under the regulations in Part 81 of this chapter after adequate inspection of the product has been made by the inspector to determine its identity as inspected and passed and eligible for export, at either the point of export (e.g., dockside or airport) or at a warehouse other than the point of export.

(b) Upon request, any inspector is authorized to issue an export certificate with respect to the shipment to any foreign country of any products exempted from inspection under Part 81 of this chapter which are inspected and certified under this Part 70.

(c) Export certificates will be issued under this Part for products only if they are in the same form (e.g., frozen or unfrozen) as they were at the time they were released by the Department for distribution. Each shipping container covered by the export certificate shall be marked with a U.S. Department of Agriculture export stamp bearing the number of the export certificate. Export certificates will be issued only upon condition that the products covered thereby shall be subject to reinspection at any place and at any time prior to exportation to determine the identity of the products and their eligibility for certification, and such certificates shall become invalid if such reinspection is refused or discloses that the products are not eligible for such certification. If reinspection discloses that products are not eligible for such certification, a supersed