PART 56 VOLUNTARY GRADING OF SHELL EGGShdoa.hawaii.gov/qad/files/2012/12/7cfr56-2001.pdf ·...

48

7 CFR Ch. I (1–1–01 Edition)§ 55.820

stir the mixture while coagulationtakes place. When coagulated to theconsistency of scrambled eggs, thesample is ready for the palatabilitytest.

§ 55.820 Palatability scores for driedwhole eggs.

The palatability score of the pre-pared sample shall be determined by apanel of officially qualified graders ofdried eggs of the Agricultural Mar-keting Service, and shall be rated inaccordance with the following table:

Score Description of Quality

8 .............. No detectable off flavor, comparable to highquality fresh shell eggs.

71⁄2 .......... Very slight off flavor.7 .............. Slight but not unpleasant off flavor.61⁄2 .......... Definite but not unpleasant off flavor.6 .............. Pronounced off flavor (slightly unpleasant).5 .............. Unpleasant off flavor.4 .............. Definite unpleasant off flavor.3 .............. Pronounced unpleasant off flavor.2 .............. Repulsive flavor.1 .............. Definite repulsive flavor.0 .............. Pronounced repulsive flavor.

[36 FR 11795, June 19, 1971. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981, as amend-ed at 47 FR 46070, Oct. 15, 1982; 47 FR 54421,Dec. 3, 1982]

PART 56—VOLUNTARY GRADINGOF SHELL EGGS

Subpart A—Grading of Shell Eggs

DEFINITIONS

Sec.56.1 Meaning of words and terms defined.56.2 Designation of official certificates,

memoranda, marks, other identifica-tions, and devices for purposes of the Ag-ricultural Marketing Act.

ADMINISTRATION

56.3 Administration.

GENERAL

56.4 Basis of grading service.56.5 Accessibility and condition of product.56.6 Supervision.56.8 Other applicable regulations.56.9 OMB control numbers assigned pursu-

ant to the Paperwork Reduction Act.

LICENSED GRADERS

56.10 Who may be licensed.56.11 Authorization to perform limited

grading services.

56.12 Suspension of license; revocation.56.13 Cancellation of license.56.14 Surrender of license.56.15 Political activity.56.16 Identification.56.17 Facilities and equipment for graders.56.18 Schedule of operation of official

plants.

APPLICATION FOR GRADING

56.20 Who may obtain grading service.56.21 How application for service may be

made; conditions of service.56.22 Filing of application.56.23 Form of application.56.24 When application may be rejected.56.25 When application may be withdrawn.56.26 Authority of applicant.56.27 Order of service.

VIOLATIONS

56.30 Report of violations.

DENIAL OF SERVICE

56.31 Debarment.56.32 Retention authorities.

IDENTIFYING AND MARKING PRODUCTS

56.35 Authority to use, and approval of offi-cial identification.

56.36 Form of grademark and informationrequired.

56.37 Lot marking of officially identifiedproduct.

56.38 [Reserved]

PREREQUISITES TO PACKAGING SHELL EGGSIDENTIFIED WITH CONSUMER GRADEMARKS

56.39 Quality assurance inspector required.56.40 Grading requirements of shell eggs

identified with consumer grademarks.56.41 Check grading officially identified

product.56.42–56.43 [Reserved]

FEES AND CHARGES

56.45 Payment for fees and charges.56.46 On a fee basis.56.47 Fees for appeal grading or review of a

grader’s decision.56.49 Travel expenses and other charges.56.52 Continuous grading performed on a

resident basis.56.53 Fees or charges for grading service

performed under cooperative agreement.56.54 Charges for continuous grading per-

formed on a nonresident basis.

GRADING CERTIFICATES

56.55 Grading certificates and sampling re-port forms.

56.56 Grading certificate issuance.56.57 Disposition of grading certificates.56.58 Advance information.

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Agricultural Marketing Service, USDA § 56.1

APPEAL OF A GRADING OR DECISION

56.60 Who may request an appeal grading orreview of a grader’s decision.

56.61 Where to file an appeal.56.62 How to file an appeal.56.63 When an application for an appeal

grading may be refused.56.64 Who shall perform the appeal.56.65 Procedures for appeal gradings.56.66 Appeal grading certificates.

FACILITY REQUIREMENTS

56.75 Applicability of facility and operatingrequirements.

56.76 Minimum facility and operating re-quirements for shell egg grading andpacking plants.

56.77 Health and hygiene of personnel.

AUTHORITY: 7 U.S.C. 1621–1627.

Subpart A—Grading of Shell Eggs

DEFINITIONS

§ 56.1 Meaning of words and terms de-fined.

For the purpose of the regulations inthis part, words in the singular shall bedeemed to import the plural and viceversa, as the case may demand, and un-less the context otherwise requires, thefollowing terms shall be construed, re-spectively, as follows:

Act means the applicable provisionsof the Agricultural Marketing Act of1946 (60 Stat. 1087; 7 U.S.C. 1621 et seq.),or any other act of Congress conferringlike authority.

Administrator means the Adminis-trator of the Agricultural MarketingService of the Department or any otherofficer or employee of the Departmentto whom there has heretofore been del-egated, or to whom there may here-after be delegated the authority to actin his stead.

Ambient temperature means the airtemperature maintained in an egg stor-age facility or transport vehicle.

Applicant means an interested partywho requests any grading service, ap-peal grading, or regrading with respectto any product.

Cage mark means any stain-typemark caused by an egg coming in con-tact with a material that imparts arusty or blackish appearance to theshell.

Case means, when referring to con-tainers, an egg case, as used in com-

mercial practice in the United States,holding 30 dozens of shell eggs.

Chief of the Grading Branch means theChief of the Poultry Grading Branch ofthe Poultry Division, AgriculturalMarketing Service.

Class means any subdivision of aproduct based on essential physicalcharacteristics that differentiate be-tween major groups of the same kind,species, or method of processing.

Condition means any condition (in-cluding, but not being limited to, thestate of preservation, cleanliness,soundness, wholesomeness, or fitnessfor human food) of any product whichaffects its merchantability.

Department means the United StatesDepartment of Agriculture.

Eggs of current production means shelleggs which have moved through usualmarketing channels since the timethey were laid and have not been heldin refrigerated storage in excess of 30days. ‘‘Refrigerator or storage eggs’’means shell eggs which have been heldunder refrigeration for a period of morethan 30 days.

Grader means any employee of theDepartment authorized by the Sec-retary, or any other person to whom alicense has been issued by the Sec-retary, to investigate and certify, inaccordance with the act and this part,to shippers of products and other inter-ested parties the class, quality, quan-tity, and condition of such products.

Grading or grading service means: (1)The act whereby a grader determines,according to the regulations in thispart, the class, quality, quantity, orcondition of any product by examiningeach unit thereof or each unit of therepresentative sample thereof drawn bya grader and issues a grading certifi-cate with respect thereto, except thatwith respect to grading service per-formed on a resident basis the issuanceof a grading certificate shall be pursu-ant to a request therefor by the appli-cant or the Service; (2) the act wherebythe grader identifies, according to theregulations in this part, the gradedproduct; (3) continuous supervision, inan official plant, of the handling orpackaging of any product; and (4) anyregrading or any appeal grading of apreviously graded product.


50

7 CFR Ch. I (1–1–01 Edition)§ 56.2

Grading certificate means a statement,either written or printed, issued by agrader pursuant to the act and thispart, relative to the class, quantity,quality, or condition of products.

Holiday or legal holiday shall meanthe legal public holidays specified bythe Congress in paragraph (a) of sec-tion 6103, title 5, of the United StatesCode.

Interested party means any person fi-nancially interested in a transactioninvolving any grading, appeal grading,or regrading of any product.

National supervisor means (1) the offi-cer in charge of the shell egg gradingservice of the Agricultural MarketingService, and (2) such other employeesof the Service as may be designated byhim.

Nest run eggs means eggs which arepacked as they come from the produc-tion facilities without having beenwashed, sized and/or candled for qual-ity, with the exception that someChecks, Dirties, or other obviousundergrades may have been removed.

Office of grading means the office ofany grader.

Official plant means any plant inwhich the facilities and methods of op-eration therein have been found by theAdministrator to be suitable and ade-quate for grading service in accordancewith this part and in which gradingservice is carried on.

Origin grading is a grading made on alot of eggs at a plant where the eggsare graded and packed.

Person means any individual, part-nership, association, business trust,corporation, or any organized group ofpersons, whether incorporated or not.

Potable water means water that hasbeen approved by the State health au-thority or agency or laboratory accept-able to the Administrator as safe fordrinking and suitable for food proc-essing.

Product or products means shell eggsof the domesticated chicken.

Quality means the inherent prop-erties of any product which determineits relative degree of excellence.

Quality assurance inspector means anydesignated company employee otherthan the plant owner, manager, fore-man, or supervisor, authorized by theSecretary to examine product and to

supervise the labeling, dating, andlotting of officially graded shell eggsand to assure that such product ispackaged under sanitary conditions,graded by authorized personnel, andmaintained under proper inventorycontrol until released by an employeeof the Department.

Regional director means any employeeof the Department in charge of theshell egg grading service in a des-ignated geographical area.

Regulations means the provisions inthis part.

Sampling means the act of takingsamples of any product for grading.

Secretary means the Secretary of theDepartment or any other officer or em-ployee of the Department to whomthere has heretofore been delegated, orto whom there may hereafter be dele-gated, the authority to act in his stead.

Service means the Agricultural Mar-keting Service of the Department.

Shell eggs means shell eggs of domes-ticated chickens.

Shell protected means eggs which havehad a protective covering such as oilapplied to the shell surface. The prod-uct used shall be acceptable to theFood and Drug Administration.

Washed ungraded eggs means eggswhich have been washed but not sizedor segregated for quality.

[20 FR 669, Feb. 1, 1955]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 56.1, see the List of CFRSections Affected, which appears in theFinding Aids section of the printed volumeand on GPO Access.

§ 56.2 Designation of official certifi-cates, memoranda, marks, otheridentifications, and devices for pur-poses of the Agricultural MarketingAct.

Subsection 203(h) of the AgriculturalMarketing Act of 1946, as amended byPub. L. 272, 84th Congress, providescriminal penalties for various specifiedoffenses relating to official certifi-cates, memoranda, marks or otheridentifications, and devices for makingsuch marks or identifications, issued orauthorized under section 203 of saidact, and certain misrepresentationsconcerning the grading of agriculturalproducts under said section. For thepurposes of said subsection and the


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provisions in this part, the terms listedin this section shall have the respec-tive meanings specified:

(a) Official certificate means any formof certification, either written or print-ed, used under this part to certify withrespect to the sampling, class, grade,quality, size, quantity, or condition ofproducts (including the compliance ofproducts with applicable specifica-tions).

(b) Official memorandum means anyinitial record of findings made by anauthorized person in the process ofgrading or sampling pursuant to thispart, any processing or plant-operationreport made by an authorized person inconnection with grading or samplingunder this part, and any report madeby an authorized person of services per-formed pursuant to this part.

(c) Official mark means thegrademark and any other mark, or anyvariations in such marks approved bythe Administrator and authorized to beaffixed to any product, or affixed to orprinted on the packaging material ofany product, stating that the productwas graded, or indicating the appro-priate U.S. grade or condition of theproduct, or for the purpose of main-taining the identity of products gradedunder this part, including but not lim-ited to, those set forth in § 56.36.

(d) Official identification means anyUnited States (U.S.) standard designa-tion of class, grade, quality, size, quan-tity, or condition specified in this partor any symbol, stamp, label or seal in-dicating that the product has been offi-cially graded and/or indicating theclass, grade, quality, size, quantity, orcondition of the product approved bythe Administrator and authorized to beaffixed to any product, or affixed to orprinted on the packaging material ofany product.

(e) Official device means a stampingappliance, branding device, stencil,printed label, or any other mechani-cally or manually operated tool that isapproved by the Administrator for thepurpose of applying any official markor other identification to any productor the packaging material thereof.

[28 FR 6341, June 20, 1963. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981]

ADMINISTRATION

§ 56.3 Administration.(a) The Administrator shall perform,

for and under the supervision of theSecretary, such duties as the Secretarymay require in the enforcement or ad-ministration of the provisions of theAct and this part. The Administrator isauthorized to waive for limited periodsany particular provisions of the regula-tions in this part to permit experimen-tation so that new procedures, equip-ment, and processing techniques maybe tested to facilitate definite improve-ments and at the same time to deter-mine full compliance with the spiritand intent of the regulations in thispart. The Agricultural Marketing Serv-ice and its officers and employees shallnot be liable in damages through actsof commission or omission in the ad-ministration of this part.

(b) The conduct of all services andthe licensing of graders under theseregulations shall be accomplishedwithout discrimination as to race,color, national origin, religion, age,sex, or disability.

[20 FR 670, Feb. 1, 1955, as amended at 38 FR26798, Sept. 26, 1973; 42 FR 2970, Jan. 14, 1977.Redesignated at 42 FR 32514, June 27, 1977,further redesignated at 46 FR 63203, Dec. 31,1981, as amended at 60 FR 12402, Mar. 7, 1995]

GENERAL

§ 56.4 Basis of grading service.(a) Any grading service in accordance

with the regulations in this part shallbe for class, quality, quantity, or con-dition or any combination thereof.Grading service with respect to the de-termination of the quality of productsshall be on the basis of the ‘‘UnitedStates Standards, Grades, and WeightClasses’’ as contained in subpart C ofthis part. However, grading servicemay be rendered with respect to prod-ucts which are bought and sold on thebasis of institutional contract speci-fications or specifications of the appli-cant and such service, when approvedby the Administrator, shall be renderedon the basis of such specifications. Thesupervision of packaging shall be in ac-cordance with such instructions asmay be approved or issued by the Ad-ministrator.


52

7 CFR Ch. I (1–1–01 Edition)§ 56.5

(b) Whenever grading service is per-formed on a representative samplebasis, such sample shall be drawn andconsist of not less than the minimumnumber of cases as indicated in the fol-lowing table. A minimum of one hun-dred eggs shall be examined per samplecase. For lots which consist of lessthan 1 case, a minimum of 50 eggs shallbe examined. If the lot consists of lessthan 50 eggs, all eggs will be examined.

MINIMUM NUMBER OF CASES COMPRISING AREPRESENTATIVE SAMPLE

Cases in lot Cases insample

1 case .................................................................... 12 to 10, inclusive .................................................... 211 to 25, inclusive .................................................. 326 to 50, inclusive .................................................. 451 to 100, inclusive ................................................ 5101 to 200, inclusive .............................................. 8201 to 300, inclusive .............................................. 11301 to 400, inclusive .............................................. 13401 to 500, inclusive .............................................. 14501 to 600, inclusive .............................................. 16

For each additional 50 cases, or frac-tion thereof, in excess of 600 cases, oneadditional case shall be included in thesample.

[20 FR 670, Feb. 1, 1955, as amended at 22 FR8167, Oct. 16, 1957; 28 FR 6342, June 20, 1963; 42FR 2970, Jan. 14, 1977. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981]

§ 56.5 Accessibility and condition ofproduct.

Each product for which grading serv-ice is requested shall be so conditionedand placed as to permit a proper deter-mination of the class, quality, quan-tity, or condition of such product.

[20 FR 670, Feb. 1, 1955, as amended at 27 FR10317, Oct. 23, 1962. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981]

§ 56.6 Supervision.All grading service shall be subject to

supervision at all times by the applica-ble State supervisor, regional directorand national supervisor. Such serviceshall be rendered where the facilitiesand conditions are satisfactory for theconduct of the service and the requisitegraders are available. Whenever the su-pervisor of a grader has evidence thatsuch grader incorrectly graded a prod-uct, such supervisor shall take such ac-

tion as is necessary to correct thegrading and to cause any impropergrademarks which appear on the prod-uct or the containers thereof to be cor-rected prior to shipment of the productfrom the place of initial grading.

[40 FR 20055, May 8, 1975. Redesignated at 42FR 32514, June 27, 1977, as amended at 43 FR60138, Dec. 26, 1978. Redesignated at 46 FR63203, Dec. 31, 1981]

§ 56.8 Other applicable regulations.Compliance with the regulations in

this part shall not excuse failure tocomply with any other Federal, or anyState, or municipal applicable laws orregulations.

[20 FR 670, Feb. 1, 1955. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981]

§ 56.9 OMB control numbers assignedpursuant to the Paperwork Reduc-tion Act.

(a) Purpose. This section collects anddisplays the control numbers assignedto information collection requirementsby the Office of Management and Budg-et contained in 7 CFR part 56 pursuantto the Paperwork Reduction Act of1980, Pub. L. 96–511.

(b) Display.

7 CFR section where identified and describedCurrent

OMB controlnumber

56.3(a) ............................................................... 0581–012856.4(a) ............................................................... 0581–012856.10(a) ............................................................. 0581–012856.11 .................................................................. 0581–012856.12 .................................................................. 0581–012856.17(b) ............................................................. 0581–012856.18 .................................................................. 0581–012856.21(a) ............................................................. 0581–012856.21(b) ............................................................. 0581–012856.23 .................................................................. 0581–012856.24 .................................................................. 0581–012856.25 .................................................................. 0581–012856.26 .................................................................. 0581–012856.30 .................................................................. 0581–012856.31(a) ............................................................. 0581–012856.35(b) ............................................................. 0581–012856.35(c) .............................................................. 0581–012856.37 .................................................................. 0581–012856.52(a)(1) ......................................................... 0581–012856.52(a)(4) ......................................................... 0581–012856.52(b)(1) ......................................................... 0581–012856.52(b)(3)(ii) ..................................................... 0581–012856.54(b)(1) ......................................................... 0581–012856.54(b)(3)(ii) ..................................................... 0581–012856.56(a) ............................................................. 0581–012856.57 .................................................................. 0581–012856.58 .................................................................. 0581–012856.60 .................................................................. 0581–012856.62 .................................................................. 0581–012856.76(e)(6) ......................................................... 0581–0128


53


7 CFR section where identified and describedCurrent

OMB controlnumber

56.76(g) ............................................................. 0581–0128

[48 FR 56565, Dec. 22, 1983, as amended at 52FR 23935, June 26, 1987]

LICENSED GRADERS

§ 56.10 Who may be licensed.

(a) Except as otherwise provided inparagraph (c) of this section, any per-son who is a Federal or State em-ployee, the employee of a local juris-diction, or the employee of a cooper-ating agency possessing proper quali-fications as determined by an examina-tion for competency and who is to per-form grading service under this part,may be licensed by the Secretary as agrader.

(b) All licenses issued by the Sec-retary shall be countersigned by the of-ficer in charge of the poultry gradingservice of the Agricultural MarketingService or any other designated officerof such Service.

(c) No person may be licensed tograde or sample any product in whichhe is financially interested.

[20 FR 670, Feb. 1, 1955, as amended at 28 FR6342, June 20, 1963; 37 FR 12918, June 30, 1972.Redesignated at 42 FR 32514, June 27, 1977,and further redesignated at 46 FR 63203, Dec.31, 1981]

§ 56.11 Authorization to perform lim-ited grading services.

Any person who is employed by anyofficial plant and possesses properqualifications, as determined by theAdministrator, may be authorized tocandle and grade eggs on the basis ofthe ‘‘U.S. Standards for Quality of In-dividual Shell Eggs,’’ with respect toeggs purchased from producers or eggsto be packaged with official identifica-tion. In addition, such authorizationmay be granted to any qualified personto act as a ‘‘quality assurance inspec-tor’’ in the packaging and grade label-ing of products. No person to whomsuch authorization is granted shallhave authority to issue any gradingcertificates, grading memoranda, orother official documents; and all eggswhich are graded by any such person

shall thereafter be check graded by agrader.

[42 FR 2970, Jan. 14, 1977. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981]

§ 56.12 Suspension of license; revoca-tion.

Pending final action by the Sec-retary, any person authorized to coun-tersign a license to perform gradingservice may, whenever he deems suchaction necessary to assure that anygrading service is properly performed,suspend any license to perform gradingservice issued pursuant to this part, bygiving notice of such suspension to therespective licensee, accompanied by astatement of the reasons therefor.Within 7 days after the receipt of theaforesaid notice and statement of rea-sons, the licensee may file an appeal inwriting, with the Secretary, supportedby any argument or evidence that hemay wish to offer as to why his licenseshould not be further suspended or re-voked. After the expiration of theaforesaid 7-day period and consider-ation of such argument and evidence,the Secretary will take such action ashe deems appropriate with respect tosuch suspension or revocation. Whenno appeal is filed within the prescribed7 days, the license to perform gradingservice is revoked.

[35 FR 19327, Dec. 22, 1970. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981]

§ 56.13 Cancellation of license.

Upon termination of his services as agrader, each licensee shall surrenderhis license immediately for cancella-tion.


§ 56.14 Surrender of license.

Each license which is canceled, sus-pended, or has expired shall imme-diately be surrendered by the licenseeto the office of grading serving the areain which he is located.



54

7 CFR Ch. I (1–1–01 Edition)§ 56.15

§ 56.15 Political activity.All graders are forbidden during the

period of their respective appointmentsor licenses, to take an active part inpolitical management or in politicalcampaigns. Political activity in city,county, State, or national elections,whether primary or regular, or in be-half of any party or candidate, or anymeasure to be voted upon, is prohib-ited. This applies to all appointees, in-cluding, but not being limited to, tem-porary and cooperative employees, andemployees on leave of absence with orwithout pay. Willful violation of thissection will constitute grounds for dis-missal in the case of appointees andrevocation of licenses in the case of li-censees.


§ 56.16 Identification.All graders shall each have in posses-

sion at all times, and present upon re-quest, while on duty, the means ofidentification furnished by the Depart-ment to such person.


§ 56.17 Facilities and equipment forgraders.

Facilities and equipment to be fur-nished by the applicant for use of grad-ers in performing service on a residentbasis shall include (when deemed nec-essary) the following:

(a)(1) An accurate metal stem ther-mometer;

(2) Electronic digital-display scalesgraduated in increments of 1⁄10-ounce orless for weighing individual eggs andtest weights for calibrating suchscales. Plants packing product basedon metric weight must provide scalesgraduated in increments of 1-gram orless;

(3) Electronic digital-display scalesgraduated in increments of 1⁄4-ounce orless for weighing the lightest andheaviest consumer packages packed inthe plant and test weights for cali-brating such scales;

(4) Scales graduated in increments of1⁄4-pound or less for weighing shipping

containers and test weights for cali-brating such scales;

(5) An acceptable candling light.(b) Furnished office space, a desk and

file or storage cabinets (equipped witha satisfactory locking device), suitablefor the security and storage of officialstamps and supplies, and other facili-ties and equipment as may otherwisebe required. Such space and equipmentmust meet the approval of the Nationalsupervisor.

[32 FR 8230, June 8, 1967. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR39570, Aug. 4, 1981. Redesignated at 46 FR63203, Dec. 31, 1981, as amended at 60 FR12402, Mar. 7, 1995; 63 FR 13330, Mar. 19, 1998]

§ 56.18 Schedule of operation of offi-cial plants.

Grading operating schedules for serv-ices performed pursuant to §§ 56.52 and56.54 shall be requested in writing andbe approved by the Administrator. Nor-mal operating schedules for a full weekconsist of a continuous 8-hour periodper day (excluding not to exceed 1 hourfor lunch), 5 consecutive days per week,within the administrative workweek,Sunday through Saturday, for eachshift required. Less than 8-hour sched-ules may be requested and will be ap-proved if a grader is available. Clockhours of daily operations need not bespecified in the request, although as acondition of continued approval, thehours of operation shall be reasonablyuniform from day to day. Graders areto be notified by management 1 day inadvance of any change in the hoursgrading service is requested.

[48 FR 20683, May 9, 1983]

APPLICATION FOR GRADING

§ 56.20 Who may obtain grading serv-ice.

An application for grading servicemay be made by any interested person,including, but not being limited to, theUnited States, any State, county, mu-nicipality, or common carrier, and anyauthorized agent of the foregoing.



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

(a) Noncontinuous grading service on afee basis. An application for any non-continuous grading service on a feebasis may be made in any office ofgrading, or with any grader at or near-est the place where the service is de-sired. Such application may be madeorally (in person or by telephone), inwriting, or by telegraph. If the applica-tion for grading service is made orally,the office of grading or the grader withwhom such application is made, or theAdministrator, may require that theapplication be confirmed in writing.

(b) Continuous grading service on aresident basis or continuous grading serv-ice on a nonresident basis. An applica-tion for continuous grading service ona resident basis or for continuous grad-ing service on a nonresident basis mustbe made in writing on forms approvedby the Administrator and filed withthe Administrator. Such forms may beobtained at the national, regional, orState grading office. In making appli-cation, the applicant agrees to complywith the terms and conditions of theregulations (including, but not beinglimited to, such instructions governinggrading of products as may be issuedfrom time to time by the Adminis-trator). No member of or Delegate toCongress or Resident Commissionershall be admitted to any benefit thatmay arise from such service unless de-rived through service rendered a cor-poration for its general benefit.


§ 56.22 Filing of application.An application for grading or sam-

pling of a specified lot of any productshall be regarded as filed only whenmade pursuant to this part.


§ 56.23 Form of application.Each application for grading or sam-

pling a specified lot of any productshall include such information as maybe required by the Administrator in re-gard to the product and the premises

where such product is to be graded orsampled.


§ 56.24 When application may be re-jected.

An application for grading servicemay be rejected by the Administrator(a) whenever the applicant fails tomeet the requirements of the regula-tions prescribing the conditions underwhich the service is made available; (b)whenever the product is owned by orlocated on the premises of a personcurrently denied the benefits of theact; (c) where any individual holdingoffice or a responsible position with orhaving a substantial financial interestor share in the applicant is currentlydenied the benefits of the act or was re-sponsible in whole or in part for thecurrent denial of the benefits of the actto any person; (d) where the Adminis-trator determines that the applicationis an attempt on the part of a personcurrently denied the benefits of the actto obtain grading services; (e) when-ever the applicant fails to bring theplant facilities, and operating proce-dures into compliance with the regula-tions within a reasonable period oftime; (f) notwithstanding any prior ap-proval whenever, before inaugurationof service, the applicant fails to fulfillcommitments concerning the inau-guration of the service; (g) when it ap-pears that to perform the services spec-ified in this part would not be to thebest interests of the public welfare orof the Government; or (h) when it ap-pears to the Administrator that priorcommitments of the Department ne-cessitate rejection of the application.Each such applicant shall be promptlynotified by registered mail of the rea-sons for the rejection. A written peti-tion for reconsideration of such rejec-tion may be filed by the applicant withthe Administrator if postmarked or de-livered within 10 days after the receiptof notice of the rejection. Such peti-tion shall state specifically the errorsalleged to have been made by the Ad-ministrator in rejecting the applica-tion. Within 20 days following the re-ceipt of such a petition for reconsider-ation, the Administrator shall approve


56

7 CFR Ch. I (1–1–01 Edition)§ 56.25

the application or notify the applicantby registered mail of the reasons forthe rejection thereof.

[28 FR 6342, June 20, 1963, as amended at 42FR 2970, Jan. 14, 1977. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981]

§ 56.25 When application may be with-drawn.

An application for grading servicemay be withdrawn by the applicant atany time before the service is per-formed upon payment, by the appli-cant, of all expenses incurred by theService in connection with such appli-cation.


§ 56.26 Authority of applicant.

Proof of the authority of any personapplying for any grading service maybe required at the discretion of the Ad-ministrator.


§ 56.27 Order of service.

Grading service shall be performed,insofar as practicable, in the order inwhich applications therefor are madeexcept that precedence may be given toany application for an appeal grading.

[20 FR 671, Feb. 1, 1955; 20 FR 757, Feb. 4, 1955,as amended at 42 FR 2970, Jan. 14, 1977. Re-designated at 42 FR 32514, June 27, 1977, andfurther redesignated at 46 FR 63203, Dec. 31,1981]

VIOLATIONS

§ 56.30 Report of violations.

Each grader, shall report in the man-ner prescribed by the Administrator,all violations and noncompliancesunder the Act and this part of whichsuch grader, has knowledge.


DENIAL OF SERVICE

§ 56.31 Debarment.

(a) The following acts or practices orthe causing thereof may be deemed suf-ficient cause for the debarment by theAdministrator, of any person, includ-ing any agents, officers, subsidiaries oraffiliates of such person, from all bene-fits of the act for a specific period. Therules of practice governing withdrawalof grading services in formal adjudica-tory proceedings instituted by the Sec-retary (7 CFR, part 1, subpart H) shallbe applicable to such debarment ac-tion.

(1) Misrepresentation, deceptive, orfraudulent act or practice. Any willfulmisrepresentation or any deceptive orfraudulent act or practice found to bemade or committed by any person inconnection with:

(i) The making or filing of an appli-cation for any grading service or ap-peal service;

(ii) The making of the product acces-sible for sampling or grading;

(iii) The making, issuing, or using orattempting to issue or use any gradingcertificate, symbol, stamp, label, seal,or identification authorized pursuantto the regulations in this part;

(iv) The use of the terms ‘‘UnitedStates’’ or ‘‘U.S.’’ in conjunction withthe grade of the product;

(v) The use of any of the aforesaidterms or any official stamp, symbol,label, seal, or identification in the la-beling or advertising of any product; or

(vi) The use of the terms ‘‘Govern-ment Graded,’’ ‘‘Federal-State Graded’’or terms of similar import in the label-ing or advertising of any product.

(2) Use of facsimile forms. Using or at-tempting to use a form which simu-lates in whole or in part any certifi-cate, symbol, stamp, label, seal oridentification authorized to be issuedor used under the regulations in thispart.

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

(4) Interfering with a grader or em-ployee of the Service. Any interferencewith or obstruction or any attempted


57


interference or obstruction of or as-sault upon any grader, licensee, or em-ployee of the Service in the perform-ance of his duties. The giving or offer-ing, directly or indirectly, of anymoney, loan, gift, or anything of valueto an employee of the Service or themaking or offering of any contributionto or in any way supplementing thesalary, compensation or expenses of anemployee of the Service or the offeringor entering into a private contract oragreement with an employee of theService for any services to be renderedwhile employed by the Service.

(5) Misleading labeling. The use of theterms ‘‘Government Graded’’, ‘‘Fed-eral-State Graded’’, or terms of similarimport in the labeling or advertising ofany product without stating in thelabel or advertisement the U.S. gradeof the product as determined by an au-thorized grader.

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

[20 FR 9895, Dec. 23, 1955, as amended at 28FR 6343, June 20, 1963; 35 FR 5664, Apr. 8, 1970;42 FR 2970, Jan. 14, 1977. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 43 FR 60138, Dec. 26, 1978, and at 46FR 63203, Dec. 31, 1981]

§ 56.32 Retention authorities.A grader may use retention tags or

other devices and methods as approvedby the Administrator for the identi-fication and control of shell eggs whichare not in compliance with the regula-tions or are held for further examina-tion and for any equipment, utensils,rooms or compartments which arefound unclean or otherwise in violationof the regulations. Any such item shallnot be released until in compliancewith the regulations and retentionidentification shall not be removed byanyone other than a grader.

[35 FR 5664, Apr. 8, 1970. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981]

IDENTIFYING AND MARKING PRODUCTS

§ 56.35 Authority to use, and approvalof official identification.

(a) Authority to use official identifica-tion. Authority to officially identify

product graded pursuant to this part isgranted only to applicants who makethe services of a grader or quality as-surance inspector available for use inaccordance with this part. Packagingmaterials bearing official identifica-tion marks shall be approved pursuantto §§ 56.35 to 56.37, inclusive, and shallbe used only for the purpose for whichapproved and prescribed by the Admin-istrator. Any unauthorized use or dis-position of approved labels or pack-aging materials which bear any officialidentification may result in cancella-tion of the approval and denial of theuse of labels or packaging materialsbearing official identification or denialof the benefits of the Act pursuant tothe provisions of § 56.31.

(b) Approval of official identification.No label, container, or packaging ma-terial which bears official identifica-tion may contain any statement thatis false or misleading. No label, con-tainer, or packaging material bearingofficial identification may be printedor prepared for use until the printers’or other final proof has been approvedby the Administrator in accordancewith the regulations in this part, theFederal Food, Drug, and Cosmetic Act,the Fair Packaging and Labeling Act,and the regulations promulgated underthese acts. The use of finished labelsmust be approved as prescribed by theAdministrator. A grader may apply of-ficial identification stamps to shippingcontainers if they do not bear anystatement that is false or misleading.If the label is printed or otherwise ap-plied directly to the container, theprincipal display panels of such con-tainer shall for this purpose be consid-ered as the label. The label shall con-tain the name, address, and ZIP Codeof the packer or distributor of theproduct, the name of the product, astatement of the net contents of thecontainer, and the U.S. grademark.

(c) Nutritional labeling. Nutrition in-formation must be included with thelabeling on each unit container of con-sumer packaged shell eggs in accord-ance with the provisions of Title 21,Chapter I, Part 101, Regulations for theEnforcement of the Federal Food,Drug, and Cosmetic Act and the FairPackaging and Labeling Act. The nu-trition information included on labels


58

7 CFR Ch. I (1–1–01 Edition)§ 56.36

is subject to review by the Food andDrug Administration prior to approvalby the Department.

(d) Refrigeration labeling. All con-tainers bearing official U.S. Grade AA,A, or B identification shall be labeledto indicate that refrigeration is re-quired, e.g., ‘‘Keep Refrigerated,’’ orwords of similar meaning.

[40 FR 20055, May 8, 1975, as amended at 42FR 2970, Jan. 14, 1977. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981, as amended at 60FR 12402, Mar. 7, 1995; 64 FR 56947, Oct. 22,1999]

§ 56.36 Form of grademark and infor-mation required.

(a) Form of official identification sym-bol and grademark. (1) The shield setforth in Figure 1 of this section shallbe the official identification symbol forpurposes of this part and when used,imitated, or simulated in any mannerin connection with shell eggs, shall bedeemed prima facia to constitute a rep-resentation that the product has beenofficially graded for the purposes of§ 56.2.

(2) Except as otherwise authorized,the grademark permitted to be used toofficially identify USDA consumer-graded shell eggs shall be of the formand design indicated in Figures 2through 4 of this section. The shieldshall be of sufficient size so that theprinting and other information con-tained therein is legible and in approxi-mately the same proportion as shownin these figures.

(3) The ‘‘Produced From’’ grademarkin Figure 5 of this section may be usedto identify products for which there areno official U.S. grade standards (e.g.,pasteurized shell eggs), provided thatthese products are approved by theAgency and are prepared from U.S.Consumer Grade AA or A shell eggsunder the continuous supervision of agrader.

(b) Information required on grademark.(1) Except as otherwise authorized bythe Administrator, each grademarkused shall include the letters ‘‘USDA’’and the U.S. grade of the product itidentifies, such as ‘‘A Grade,’’ as shownin Figure 2 of this section. Such infor-mation shall be printed with the shieldand the wording within the shield in

contrasting colors in a manner suchthat the design is legible and con-spicuous on the material upon which itis printed.

(2) The size or weight class of theproduct, such as ‘‘Large,’’ may appearwithin the grademark as shown in Fig-ure 3 of this section. If the size orweight class is omitted from thegrademark, it must appear promi-nently on the main panel of the carton.

(3) Except as otherwise authorized,the bands of the shield in Figure 4 ofthis section shall be displayed in threecolors, with the color of the top, mid-dle, and bottom bands being blue,white, and red, respectively.

(4) The ‘‘Produced From’’ grademarkin Figure 5 of this section may be anyone of the designs shown in Figures 2through 4 of this section. The text out-side the shield shall be conspicuous,legible, and in approximately the sameproportion and close proximity to theshield as shown in Figure 5 of this sec-tion.

(5) The plant number of the officialplant preceded by the letter ‘‘P’’ mustbe shown on each carton or packagingmaterial.


59


[63 FR 13330, Mar. 19, 1998]

§ 56.37 Lot marking of officially identi-fied product.

Each carton identified with thegrademarks shown in § 56.36 shall belegibly lot numbered on either the car-ton or the consumer package. The lotnumber shall be the consecutive day ofthe year on which the eggs were packed(e.g., 132), except other lot numberingsystems may be used when submittedin writing and approved by the Admin-istrator.

[35 FR 5664, Apr. 8, 1970. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR39570, Aug. 4, 1981. Redesignated at 46 FR63203, Dec. 31, 1981, as amended at 60 FR12402, Mar. 7, 1995; 63 FR 13331, Mar. 19, 1998]

§ 56.38 [Reserved]

PREREQUISITES TO PACKAGING SHELLEGGS IDENTIFIED WITH CONSUMERGRADEMARKS

§ 56.39 Quality assurance inspector re-quired.

The official identification of anygraded product as provided in §§ 56.35 to56.41, inclusive, shall be done onlyunder the supervision of a grader orquality assurance inspector. The grad-er or quality assurance inspector shallhave supervision over the use and han-dling of all material bearing any offi-cial identification.

[42 FR 2971, Jan. 14, 1977. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR39570, Aug. 4, 1981. Redesignated at 46 FR63203, Dec. 31, 1981]


60

7 CFR Ch. I (1–1–01 Edition)§ 56.40

§ 56.40 Grading requirements of shelleggs identified with consumergrademarks.

(a) Shell eggs to be identified withthe grademarks illustrated in § 56.36must be individually graded by a grad-er or by authorized personnel pursuantto § 56.11 and thereafter check gradedby a grader.

(b) Shell eggs not graded in accord-ance with paragraph (a) of this sectionmay be officially graded on a samplebasis and the shipping containers maybe identified with grademarks whichcontain the words ‘‘Sample Graded’’and which are approved by the Admin-istrator.

(c) Shell eggs which are to bear theU.S. consumer grademark shall bepacked only from eggs of current pro-duction. They shall not possess any un-desirable odors or flavors.

[32 FR 8231, June 8, 1967. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR39571, Aug. 4, 1981. Redesignated at 46 FR63203, Dec. 31, 1981, as amended at 63 FR13331, Mar. 19, 1998]

§ 56.41 Check grading officially identi-fied product.

Officially identified shell eggs packedor received in an official plant may besubject to final check grading prior totheir shipment. Such product found notto be in compliance with the assignedofficial grade shall be placed under aretention tag until it is regraded tocomply with the grade assigned oruntil the official identification is re-moved.


§§ 56.42–56.43 [Reserved]

FEES AND CHARGES

§ 56.45 Payment for fees and charges.(a) Fees and charges for any grading

service shall be paid by the interestedparty making the application for suchgrading service, in accordance with theapplicable provisions of this sectionand §§ 56.46 to 56.54, both inclusive; and,if so required by the grader, such feesand charges shall be paid in advance.

(b) Fees and charges for any gradingservice shall, unless otherwise required

pursuant to paragraph (c) of this sec-tion, be paid by check, draft, or moneyorder payable to the Agricultural Mar-keting Service and remitted promptlyto the Service.

(c) Fees and charges for any gradingservice under a cooperative agreementwith any State or person shall be paidin accordance with the terms of suchcooperative agreement.

[33 FR 20004, Dec. 31, 1968 and 42 FR 2971, Jan.14, 1977. Redesignated at 42 FR 32514, June 27,1977, and further redesignated at 46 FR 63203,Dec. 31, 1981]

§ 56.46 On a fee basis.

(a) Unless otherwise provided in thispart, the fees to be charged and col-lected for any service performed, in ac-cordance with this part, on a fee basisshall be based on the applicable ratesspecified in this section.

(b) Fees for grading services will bebased on the time required to performthe services. The hourly charge shallbe $51.32 and shall include the time ac-tually required to perform the grading,waiting time, travel time, and anyclerical costs involved in issuing a cer-tificate.

(c) Grading services rendered on Sat-urdays, Sundays, or legal holidaysshall be charged for at the rate of $59.12per hour. Information on legal holidaysis available from the Supervisor.

[65 FR 57941, Sept. 27, 2000]

§ 56.47 Fees for appeal grading or re-view of a grader’s decision.

The cost of an appeal grading or re-view of a grader’s decision shall beborne by the appellant on a fee basis atrates set forth in § 56.46, plus any traveland additional expenses. If the appealgrading or review of a grader’s decisiondiscloses that a material error wasmade in the original determination, nofee or expenses will be charged.

[63 FR 52133, Sept. 30, 1998]

§ 56.49 Travel expenses and othercharges.

Charges are to be made to cover thecost of travel and other expenses in-curred by the service in connectionwith rendering grading service. Such


61


charges shall include the cost of trans-portation, per diem, and any other ex-penses.

[42 FR 2971, Jan. 14, 1977. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR8, Jan. 2, 1981. Redesignated at 46 FR 63203,Dec. 31, 1981]

§ 56.52 Continuous grading performedon a resident basis.

Fees to be charged and collected forany grading service, other than for anappeal grading, on a resident gradingbasis, shall be those provided in thissection. The fees to be charged for anyappeal grading shall be as provided in§ 56.47.

(a) Charges. The charges for the grad-ing of shell eggs shall be paid by theapplicant for the service and shall in-clude items listed in this section as areapplicable. Payment for the full cost ofthe grading service rendered to the ap-plicant shall be made by the applicantto Agricultural Marketing Service,U.S. Department of Agriculture (here-inafter referred to as ‘‘AMS’’). Suchfull costs shall comprise such of theitems listed in this section as are dueand included in the bill or bills cov-ering the period or periods duringwhich the grading service was ren-dered. Bills will be rendered by the 10thday following the end of the period inwhich the service was rendered and arepayable upon receipt.

(1) An inauguration charge of $310will be made at the time an applicationfor service is signed except when theapplication is required because of achange in name or ownership. If serviceis not installed within 6 months fromthe date the application is filed, or ifservice is inactive due to an approvedrequest for removal of a grader(s) for aperiod of 6 months, the application willbe considered terminated, but a newapplication may be filed at any time.In addition there will be a charge of$300 if the application is terminated atthe request of the applicant for reasonsother than for a change in location,within 12 months from the date of theinauguration of service.

(2) A charge for the salary and othercosts, as specified in this paragraph,for each grader while assigned to aplant, except that no charge will bemade when the assigned grader is tem-

porarily reassigned by AMS to performgrading service for other than the ap-plicant. Base salary rates will be deter-mined on a national average for all of-ficial plants operating in States undera Federal Trust Fund Agreement whereFederal graders, State graders, or acombination of Federal and State grad-ers are used, by averaging the salaryrates paid to each Federal or Stategrader assigned to such plants. Chargesto plants are as follows:

(i) For all regular hours of workscheduled and approved as an estab-lished tour of duty for a plant, the reg-ular rate charge will be made. The reg-ular rate charge will be determined byadding an amount to the base salaryrate to cover the costs to AMS for suchitems as the Employer’s Tax imposedunder the U.S. Internal Revenue Code(26 U.S.C.) for Old Age and Survivor’sBenefits under the Social Security Sys-tem, retirement benefits, group life in-surance, severance pay, sick leave, an-nual leave, additional salary and travelcosts for relief grading service, acci-dent payments, certain moving costs,and related servicing costs.

(ii) All hours worked by an assignedgrader or another grader in excess ofthe approved tour of duty, or workedon a nonscheduled workday, or actu-ally worked on a holiday in excess ofthe tour of duty, will be considered asovertime. The charge for such overtimewill be 150 percent of the grader’s basesalary rate.

(iii) For work performed on a holidaywhich is within the established tour ofduty approved for a plant, the addedcharge will be the same as the grader’sbase rate.

(iv) For work performed between 6p.m. and 6 a.m., night differentialcharges (for regular, overtime, or holi-day hours worked during this period)will be at the applicable rates estab-lished plus 10 percent of the base rate.

(v) For work performed on Sunday,Sunday differential charges (for reg-ular, overtime, or holiday hoursworked on Sunday) will be at the appli-cable rates established plus 25 percentof the base rate.

(vi) For all hours of work performedin a plant without an approved tour ofduty, the charge will be one of the ap-plicable hourly rates in § 56.46.


62

7 CFR Ch. I (1–1–01 Edition)§ 56.53

(3) A charge at the hourly rates spec-ified in § 56.46, plus actual travel ex-penses incurred by AMS for inter-mediate surveys to firms without grad-ing service in effect.

(4) An administrative service chargebased upon the aggregate number of 30-dozen cases of all shell eggs handled inthe plant per billing period multipliedby $0.044, except that the minimumcharge per billing period shall be $225and the maximum charge shall be$2,625. The minimum charge also ap-plies where an approved application isin effect and no product is handled.

(b) Other provisions. (1) The applicantshall designate in writing the employ-ees of the applicant who will be re-quired and authorized to furnish eachgrader with such information as maybe necessary for the performance of thegrading service.

(2) AMS will provide, as available, anadequate number of graders to performthe grading service. The number ofgraders required will be determined byAMS based on the expected demand forservice.

(3) The grading service shall be pro-vided at the designated plant and shallbe continued until the service is sus-pended, withdrawn, or terminated by:

(i) Mutual consent;(ii) Thirty (30) days’ written notice,

by either the applicant or AMS speci-fying the date of suspension, with-drawal, or termination;

(iii) One (1) day’s written notice byAMS to the applicant if the applicantfails to honor any invoice within thirty(30) days after date of invoice coveringthe cost of the grading service; or

(iv) Action taken by AMS pursuantto the provisions of § 56.31.

(4) Graders will be required to confinetheir activities to those duties nec-essary in the rendering of grading serv-ice and such closely related activitiesas may be approved by AMS: Provided,That in no instance may the gradersassume the duties of management.

[34 FR 8232, May 28, 1969]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations to § 56.52, see the List of CFR Sec-tions Affected, which appears in the FindingAids section of the printed volume and onGPO Access.

§ 56.53 Fees or charges for gradingservice performed under coopera-tive agreement.

Fees or charges to be made to an ap-plicant for grading service which differfrom those listed in §§ 56.45 through56.54 shall be provided for by a coopera-tive agreement.


§ 56.54 Charges for continuous gradingperformed on a nonresident basis.

Fees to be charged and collected forgrading service on a nonresident grad-ing basis, shall be those provided inthis section. The fees to be charged forany appeal grading shall be as providedin § 56.47.

(a) Charges. The charges for the grad-ing of shell eggs shall be paid by theapplicant for the service and shall in-clude items listed in this section as areapplicable. Payment for the full cost ofthe grading service rendered to the ap-plicant shall be made by the applicantto the Agricultural Marketing Service,U.S. Department of Agriculture (here-inafter referred to as ‘‘AMS’’). Suchfull costs shall comprise such of theitems listed in this section as are dueand included in the bill or bills cov-ering the period or periods duringwhich the grading service was ren-dered. Bills will be rendered by the 10thday following the end of the billing pe-riod in which the service was renderedand are payable upon receipt.

(1) A charge for the salary and othercosts, as specified in this paragraph,for each grader while assigned to aplant, except that no charge will bemade when the assigned grader is tem-porarily reassigned by AMS to performgrading service for other than the ap-plicant. Base salary rates will be deter-mined on a national average for all of-ficial plants operating in States undera Federal Trust Fund Agreement whereFederal graders, State graders, or acombination of Federal and State grad-ers are used, by averaging the salaryrates paid to each Federal or Stategrader assigned to such plants. Chargesto plants are as follows:


63


(i) For all regular hours of workscheduled and approved as an estab-lished tour of duty for a plant, the reg-ular rate charge will be made. The reg-ular rate charge will be determined byadding an amount to the base salaryrate to cover the costs to AMS for suchitems as the Employer’s Tax imposedunder the U.S. Internal Revenue Code(26 U.S.C.) for Old Age and Survivor’sBenefits under the Social Security Sys-tem, retirement benefits, group life in-surance, severance pay, sick leave, an-nual leave, additional salary and travelcosts for relief grading service, acci-dent payments, certain moving costs,and related servicing costs.

(ii) All hours worked by an assignedgrader or another grader in excess ofthe approved tour of duty, or workedon a nonscheduled workday, or actu-ally worked on a holiday in excess ofthe tour of duty, will be considered asovertime. The charge for such overtimewill be 150 percent of the grader’s basesalary rate.

(iii) For work performed on a holidaywhich is within the established tour ofduty approved for a plant, the addedcharge will be the same as the grader’sbase rate.

(iv) For work performed between 6p.m. and 6 a.m., night differentialcharges (for regular, overtime, or holi-day hours worked during this period)will be at the applicable rates estab-lished plus 10 percent of the base rate.

(v) For work performed on Sunday,Sunday differential charges (for reg-ular, overtime, or holiday hoursworked on Sunday) will be at the appli-cable rates established plus 25 percentof the base rate.

(vi) For all hours of work performedin a plant without an approved tour ofduty, the charge will be one of the ap-plicable hourly rates in § 56.46.

(2) An administrative service chargeequal to 25 percent of the grader’s totalsalary costs. A minimum charge of $260will be made each billing period. Theminimum charge also applies where anapproved application is in effect and noproduct is handled.

(b) Other provisions. (1) The applicantshall designate in writing the employ-ees of the applicant who will be re-quired and authorized to furnish eachgrader with such information as may

be necessary for the performance of thegrading service.

(2) AMS will provide, as available, anadequate number of graders to performthe grading service. The number ofgraders required will be determined byAMS based on the expected demand forservice.

(3) The grading service shall be pro-vided at designated locations and shallbe continued until the service is sus-pended, withdrawn, or terminated by:

(i) Mutual consent;(ii) Thirty (30) days’ written notice,

by either the applicant or AMS speci-fying the date of suspension, with-drawal, or termination;

(iii) One (1) day’s written notice byAMS to the applicant if the applicantfails to honor any invoice within thirty(30) days after date of invoice coveringthe cost of the grading service; or

(iv) Action taken by AMS pursuantto the provisions of § 56.31.

(4) Graders will be required to confinetheir activities to those duties nec-essary in the rendering of grading serv-ice and such closely related activitiesas may be approved by AMS: Provided,That in no instance may the gradersassume the duties of management.

(5) When similar nonresident gradingservices are furnished to the same ap-plicant under part 55 or part 70 of thischapter, the charges listed in this sec-tion shall not be repeated.

[35 FR 19327, Dec. 22, 1970]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations to § 56.54, see the List of CFR Sec-tions Affected, which appears in the FindingAids section of the printed volume and onGPO Access.

GRADING CERTIFICATES

§ 56.55 Grading certificates and sam-pling report forms.

Grading certificates and sampling re-port forms shall be issued on forms ap-proved by the Administrator.


§ 56.56 Grading certificate issuance.(a) Resident grading basis. Certificates

will be issued only upon request there-for by the applicant or the Service.When requested, a grader shall issue a


64

7 CFR Ch. I (1–1–01 Edition)§ 56.57

certificate covering product graded byhim. In addition, a grader may issue agrading certificate covering productgraded in whole or in part by anothergrader when the grader has knowledgethat the product is eligible for certifi-cation based on personal examinationof the product or official gradingrecords.

(b) Other than resident grading. Eachgrader shall, in person or by his au-thorized agent, issue a grading certifi-cate covering each product graded byhim. A grader’s name may be signed ona grading certificate by a person otherthan the grader, if such person hasbeen designated as the authorizedagent of such grader by the NationalSupervisor: Provided, That the certifi-cate is prepared from an official memo-randum of grading signed by the grad-er: And provided further, That a nota-rized power of attorney authorizingsuch signature has been issued to suchperson by the grader and is on file inthe office of grading. In such case, theauthorized agent shall sign both hisown and the grader’s name, e.g., ‘‘JohnDoe by Richard Roe.’’

[36 FR 9841, May 29, 1971, as amended at 36FR 10937, June 5, 1971. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981]

§ 56.57 Disposition of grading certifi-cates.

The original and a copy of each grad-ing certificate, issued pursuant to§ 56.56, and not to exceed two additionalcopies thereof if requested by the appli-cant prior to issuance, shall, imme-diately upon issuance, be delivered ormailed to the applicant or person des-ignated by him. Other copies shall befiled and retained in accordance withthe disposition schedule for gradingprogram records.

[36 FR 9842, May 29, 1971. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981, as amend-ed at 47 FR 46070, Oct. 15, 1982; 47 FR 54421,Dec. 3, 1982]

§ 56.58 Advance information.

Upon request of an applicant, all orpart of the contents of any grading cer-tificate issued to such applicant maybe telephoned or telegraphed to him, or

to any person designated by him, at hisexpense.


APPEAL OF A GRADING OR DECISION

SOURCE: Sections 56.60 through 56.66 appearat 35 FR 9918, June 17, 1970, unless otherwisenoted. Redesignated at 42 FR 32514, June 27,1977, and further redesignated at 46 FR 63203,Dec. 31, 1981.

§ 56.60 Who may request an appealgrading or review of a grader’s de-cision.

An appeal grading may be requestedby any interested party who is dissatis-fied with the determination by a graderof the class, quality, quantity, or con-dition of any product as evidenced bythe USDA grademark and accom-panying label, or as stated on a gradingcertificate and a review may be re-quested by the operator of an officialplant with respect to a grader’s deci-sion or on any other matter related tograding in the official plant.

§ 56.61 Where to file an appeal.(a) Appeal from resident grader’s grad-

ing or decision in an official plant. Anyinterested party who is not satisfiedwith the determination of the class,quality, quantity, or condition of prod-uct which was graded by a grader in anofficial plant and has not left suchplant, and the operator of any officialplant who is not satisfied with a deci-sion by a grader on any other matterrelated to grading in such plant mayrequest an appeal grading or review ofthe decision by the grader by filingsuch request with the grader’s imme-diate supervisor.

(b) All other appeal requests. Any in-terested party who is not satisfied withthe class, quality, quantity, or condi-tion of product which has left the offi-cial plant where it was graded or whichwas graded other than in an officialplant may request an appeal grading byfiling such request in the area wherethe product is located or with the Chiefof the Grading Branch.

§ 56.62 How to file an appeal.Any request for an appeal grading or

review of a grader’s decision may be


65


made orally or in writing. If made oral-ly, written confirmation may be re-quired. The applicant shall clearlystate the reasons for requesting the ap-peal service and a description of theproduct, or the decision which is ques-tioned. If such appeal request is basedon the results stated on an official cer-tificate, the original and all availablecopies of the certificate shall be re-turned to the appeal grader assigned tomake the appeal grading.

§ 56.63 When an application for an ap-peal grading may be refused.

When it appears to the official withwhom an appeal request is filed thatthe reasons given in the request arefrivolous or not substantial, or thatthe quality or condition of the producthas undergone a material change sincethe original grading, or that the origi-nal lot has changed in some manner, orthe Act or the regulations in this parthave not been complied with, the appli-cant’s request for the appeal gradingmay be refused. In such case, the appli-cant shall be promptly notified of thereason(s) for such refusal.

§ 56.64 Who shall perform the appeal.(a) An appeal grading or review of a

decision requested under § 56.61(a) shallbe made by the grader’s immediate su-pervisor, or by a licensed grader as-signed by the immediate supervisorother than the grader whose grading ordecision is being appealed.

(b) Appeal gradings requested under§ 56.61(b) shall be performed by a graderother than the grader who originallygraded the product.

(c) Whenever practical, an appealgrading shall be conducted jointly bytwo graders. The assignment of thegrader(s) who will make the appealgrading requested under § 56.61(b) shallbe made by the regional director or theChief of the Grading Branch.

[35 FR 9918, June 17, 1970, as amended at 40FR 20056, May 8, 1975. Redesignated at 42 FR32514, June 27, 1977, and further redesignatedat 46 FR 63203, Dec. 31, 1981]

§ 56.65 Procedures for appealgradings.

(a) When all of the originally gradedand identified samples are available,the appeal sample shall consist of such

samples plus an equal number of sam-ples.

(b) When the original samples are notavailable, the appeal sample size forthe lot shall consist of double the sam-ples required in § 56.4(b).

(c) Shell eggs shall not have beenmoved from the original place of grad-ing and must have been maintainedunder adequate refrigeration and hu-midity conditions.

[35 FR 9918, June 17, 1970. Redesignated at 42FR 32514, June 27, 1977, and further redesig-nated at 46 FR 63203, Dec. 31, 1981, as amend-ed at 47 FR 46070, Oct. 15, 1982; 47 FR 54421,Dec. 3, 1982]

§ 56.66 Appeal grading certificates.Immediately after an appeal grading

is completed, an appeal certificateshall be issued to show that the origi-nal grading was sustained or was notsustained. Such certificate shall super-sede any previously issued certificatefor the product involved and shallclearly identify the number and date ofthe superseded certificate. Theissuance of the appeal certificate maybe withheld until any previously issuedcertificate and all copies have been re-turned when such action is deemed nec-essary to protect the interest of theGovernment. When the appeal graderassigns a different grade to the lot, theexisting grade mark shall be changedor obliterated as necessary. When theappeal grader assigns a different classor quantity designation to the lot, thelabeling shall be corrected.

FACILITY REQUIREMENTS

§ 56.75 Applicability of facility and op-erating requirements.

The provisions of § 56.76 shall be ap-plicable to any grading service that isprovided on a resident basis.


§ 56.76 Minimum facility and operatingrequirements for shell egg gradingand packing plants.

(a) General requirements for buildingsand plant facilities. (1) Buildings shallbe of sound construction so as to pre-vent, insofar as practicable, the en-trance or harboring of vermin.


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7 CFR Ch. I (1–1–01 Edition)§ 56.76

(2) Grading and packing rooms shallbe of sufficient size to permit installa-tion of necessary equipment and theconduct of grading and packing in asanitary manner. These rooms shall bekept reasonably clean during gradingand packing operations and shall bethoroughly cleaned at the end of eachoperating day.

(3) Adequate lavatory and toilet ac-commodations shall be provided. Toiletand locker rooms shall be maintainedin a clean and sanitary condition. Hotand cold running water shall be pro-vided. Rooms shall be ventilated to theoutside of the building. Signs shall beposted in the rest rooms instructingemployees to wash their hands beforereturning to work.

(4) A separate refuse room or a des-ignated area for the accumulation oftrash must be provided in plants whichdo not have a system for the daily re-moval or destruction of such trash.

(5) Wood benches, platforms, etc., inareas which are subjected to moistureand which develop odors shall be re-placed with equipment of metal con-struction. Wood walls or partitionswhich develop odors shall be replacedwith materials impervious to moisture.Newly constructed plants should beequipped with metal benches, plat-forms, etc., in areas which are sub-jected to moisture.

(b) Grading room requirements. (1) Theegg grading or candling area shall beadequately darkened to make possiblethe accurate quality determination ofthe candled appearance of eggs. Thereshall be no other light source or reflec-tions of light that interfere with, orprohibit the accurate quality deter-mination of eggs in the grading or can-dling area.

(2) The grading and candling equip-ment shall provide adequate light tofacilitate quality determinations.Other light sources and equipment orfacilities shall be provided to permitthe detection and removal of stainedand dirty eggs or other undergradeeggs.

(3) Adequate facilities, equipment,and light sources shall be provided todetermine the condition of packingmaterial.

(4) Egg weighing equipment shall beprovided. The egg weighing equipment

shall be constructed to permit clean-ing; operation in a clean, sanitarymanner; and shall be capable of readyadjustment.

(5) Adequate ventilation shall be pro-vided.

(c) Cooler room requirements. (1) Coolerrooms shall be refrigerated and capableof maintaining an ambient tempera-ture no greater than 45 °F (7.2 °C). Ac-curate thermometers shall be providedfor monitoring cooler room tempera-tures.

(2) Cooler rooms shall be free fromobjectionable odors and from mold, andshall be maintained in a sanitary con-dition.

(3) All shell egg coolers shall beequipped with a hygrometer or port-able equipment such as a psychrometershall be available to determine the rel-ative humidity. Humidifying equip-ment capable of maintaining a relativehumidity which will minimize shrink-age shall be provided.

(d) Shell egg protecting operations.Shell egg protecting (oil processing)operations shall be conducted in amanner to avoid contamination of theproduct and maximize conservation ofits quality.

(1) Eggs with excess moisture on theshell shall not be shell protected.

(2) Oil having any off odor, or that isobviously contaminated, shall not beused in shell egg protection.

(3) Processing oil that has been pre-viously used and which has becomecontaminated shall be filtered and heattreated at 180 °F. for 3 minutes prior touse.

(4) Shell egg processing equipmentshall be washed, rinsed, and treatedwith a bactericidal agent each time theoil is removed. It is preferable to filterand heat treat processing oil and cleanprocessing equipment daily when inuse.

(5) Adequate coverage and protectionagainst dust and dirt shall be providedwhen the equipment is not in use.

(e) Shell egg cleaning operations. (1)Shell egg cleaning equipment shall bekept in good repair and shall becleaned after each day’s use or morefrequently, if necessary.

(2) The temperature of the washwater shall be maintained at 90 °F. orhigher, and shall be at least 20 °F.


67


warmer than the temperature of theeggs to be washed. These temperaturesshall be maintained throughout thecleaning cycle.

(3) An approved cleaning compoundshall be used in the wash water. (Theuse of metered equipment for dis-pensing the compound into solution isrecommended.)

(4) Wash water shall be changed ap-proximately every 4 hours or moreoften if needed to maintain sanitaryconditions, and at the end of each shift.Remedial measures shall be taken toprevent excess foaming during the eggwashing operation.

(5) Replacement water shall be addedcontinuously to the wash water ofwashers. Rinse water, chlorine, or qua-ternary sanitizing rinse may be used aspart of the replacement water, pro-vided, they are compatible with thewashing compound. Iodine sanitizingrinse may not be used as part of the re-placement water.

(6) Only potable water may be used towash eggs. Each official plant shallsubmit certification to the national of-fice stating that their water supply ispotable. An analysis of the iron con-tent of the water supply, stated inparts per million, is also required.When the iron content exceeds 2 partsper million, equipment shall be pro-vided to correct the excess iron con-tent. Frequency of testing shall be de-termined by the Administrator. Whenthe water source is changed, new testsare required.

(7) Waste water from the egg washingoperation shall be piped directly todrains.

(8) The washing and drying operationshall be continuous and shall be com-pleted as rapidly as possible. Eggs shallnot be allowed to stand or soak inwater. Immersion-type washers shallnot be used.

(9) Prewetting shell eggs prior towashing may be accomplished byspraying a continuous flow of waterover the eggs in a manner which per-mits the water to drain away or othermethods which may be approved by theAdministrator. The temperature of thewater shall be the same as prescribedin this section.

(10) Washed eggs shall be spray-rinsedwith water having a temperature equalto, or warmer than, the temperature ofthe wash water and contain an ap-proved sanitizer of not less than 50 p/mnor more than 200 p/m of availablechlorine or its equivalent. Alternateprocedures, in lieu of a sanitizer rinse,may be approved by the National Su-pervisor.

(11) Test kits shall be provided andused to determine the strength of thesanitizing solution.

(12) During any rest period, eggs shallbe removed from the washing and rins-ing area of the egg washer and from thescanning area whenever there is abuildup of heat.

(13) Washed eggs shall be reasonablydry before cartoning or casing.

(14) When steam or vapors originatefrom the washing operation, they shallbe continuously and directly removedto the outside of the building.

(f) Requirements for eggs that are to beofficially identified. (1) Shell eggs thatare to be officially identified as U.S.Grade AA, A, or B shall be placed underrefrigeration at an ambient tempera-ture no greater than 45 °F (7.2 °C)promptly after packaging. Shell eggsofficially identified as U.S. Grade AA,A, or B, when shipped between officialplants, shall be transported at an ambi-ent temperature no greater than 45 °F(7.2 °C).

(2) Every reasonable precaution shallbe exercised to prevent ‘‘sweating’’ ofeggs.

(3) Eggs that are to be officially iden-tified as U.S. Grade AA, A, or B shallbe packaged only in new or good usedcases and packing materials. Cases andpacking materials must be reasonablyclean, free of mold, mustiness, and offodors, and must be of sufficientstrength and durability to adequatelyprotect the eggs during normal dis-tribution.

(g) The following substances used inthe plant shall be approved and han-dled in accordance with the manufac-turer’s instructions: Pesticides, insec-ticides, rodenticides, cleaning com-pounds, destaining compounds, foamcontrol compounds, sanitizers, and


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7 CFR Ch. I (1–1–01 Edition)§ 56.77

inks and oils coming into contact withthe product.

[20 FR 674, Feb. 1, 1955, as amended at 22 FR8168, Oct. 16, 1957; 28 FR 6346, June 20, 1963; 32FR 8232, June 8, 1967; 35 FR 5664, Apr. 8, 1970;40 FR 20056, May 8, 1975. Redesignated at 42FR 32514, June 27, 1977, as amended at 46 FR39571, Aug. 4, 1981. Redesignated at 46 FR63203, Dec. 31, 1981, as amended at 47 FR46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982;60 FR 12402, Mar. 7, 1995; 63 FR 13331, Mar. 19,1998; 64 FR 56947, Oct. 22, 1999]

§ 56.77 Health and hygiene of per-sonnel.

(a) No person known to be affected bya communicable or infectious diseaseshall be permitted to come in contactwith the product.

(b) Plant personnel coming into con-tact with the product shall wear cleanclothing.


PART 57—INSPECTION OF EGGS(EGG PRODUCTS INSPECTION ACT)

Subpart A—Regulations Governing theInspection of Eggs

DEFINITIONS

Sec.57.1 Meaning of words.57.5 Terms defined.

ADMINISTRATION

57.10 Authority.57.13 Federal and State cooperation.57.17 Nondiscrimination.57.18 OMB control number.

SCOPE OF INSPECTION

57.20 Inspection in accordance with methodsprescribed or approved.

57.22 Basis of service.57.28 Other inspections.

RELATION TO OTHER AUTHORITIES

57.35 Eggs outside official plants.

EGGS AND EGG PRODUCTS NOT INTENDED FORHUMAN FOOD

57.45 Prohibition on eggs and egg productsnot intended for use as human food.

REFRIGERATION OF SHELL EGGS

57.50 Temperature and labeling Require-ments.

EXEMPTIONS

57.100 Specific exemptions.57.105 Suspension or termination of exemp-

tions.

PERFORMANCE OF SERVICE

57.110 Licensed inspectors.57.112 Suspension of license or authority;

revocation.57.114 Surrender of license.57.116 Activities of inspectors.57.118 Identification.57.119 Political activity.57.120 Financial interest of inspectors.57.132 Access to plants.57.134 Accessibility of product.

RECORDS AND RELATED REQUIREMENTS FOREGG HANDLERS AND RELATED INDUSTRIES

57.200 Records and related requirements.57.220 Information and assistance to be fur-

nished to inspectors.

ADMINISTRATIVE DETENTION

57.240 Detaining product.

APPEAL OF AN INSPECTION OR DECISION

57.300 Who may request an appeal inspec-tion or review of an inspector’s decision.

57.310 Where to file an appeal.57.320 How to file an appeal.57.330 When an application for an appeal

grading or inspection may be refused.57.340 Who shall perform the appeal.57.350 Procedures for selecting appeal sam-

ples.57.360 Appeal inspection certificates.57.370 Cost of appeals.

IDENTIFYING AND MARKING PRODUCT

57.410 Shell eggs required to be labeled.

RETENTION

57.426 Retention.

PROCESSING REQUIREMENTS

57.504 General operating procedures.

REGISTRATION OF SHELL EGG HANDLERS

57.690 Persons required to register.

INSPECTION AND DISPOSITION OF RESTRICTEDEGGS

57.700 Prohibition on disposition of re-stricted eggs.

57.720 Disposition of restricted eggs.57.760 Inspection of egg handlers.

IDENTIFICATION OF RESTRICTED EGGS OR EGGPRODUCTS NOT INTENDED FOR HUMAN CON-SUMPTION

57.800 Identification of restricted eggs.57.801 Nest run or washed ungraded eggs.


PART 56 VOLUNTARY GRADING OF SHELL EGGShdoa.hawaii.gov/qad/files/2012/12/7cfr56-2001.pdf ·...

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