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manufacture, identification, distribution, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under

such terms and conditions as may be UNDER CONTINUOUS

specified by the Administrator. Licenses

shall be available to all persons meeting INSPECTION OF THE

conditions prescribed by the Adminis

trator, shall be nonexclusive, and shall U. S. DEPT. OF AGRICULTURE

be revocable for cause. No person shall Statement without the use of the shield.

manufacture, identify, distribute or sell

any such official device except at the FIGURE 8.

direction of or under license from the (c) Combined grade and inspection Administrator. Such official devices may marks. The grade marks set forth in be marked, tagged or otherwise desigparagraph (a) of this section and the nated with the prefix "USDA” together inspection marks set forth in paragraph with other identifying words or symbols, (b) of this section may be combined into as prescribed by the license. a consolidated grade and inspection (22 F. R. 3635, May 22, 1957, as amended at mark for use on processed products that 23 F. R. 4999, 5001, July 1, 1958] have been packed under continuous in

8 52.54 Fraud or misrepresentation. spection as provided in this part. (d) Products not eligible for approved

Any or all benefits of the act may be identification. Processed products which

denied any person committing wilful have not been packed under continuous

misrepresentation or any deceptive or inspection as provided for in this part

fraudulent practice in connection with: shall not be identified by approved grade

(a) The making or filing of an applior inspection marks (except honey and

cation for any inspection service; maple sirup which may bear such grade

(b) The submission of samples for inmarks), but such products may be

spection; inspected on a lot inspection basis as

(c) The use of any inspection report provided in this part and identified by an

or any inspection certificate, or appeal authorized representative of the Departo

inspection certificate issued under the ment by stamping the shipping cases and

regulations in this part;

(d) The use of the words "Packed inspection certificate(s) covering such

under continuous inspection of the U. S. lot(s) with an officially drawn sample

Department of Agriculture," any legend mark similar in form and design to the

signifying that the product has been example in Figure 9 of this section.

officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product;

(e) The use of a facsimile form which simulates in whole or in part any official U. S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product; or

(f) Any wilful violation of the regulations in this part or supplementary

rules or instructions issued by the AdU.S. DEPARTMENT

ministrator. OF AGRICULTURE

§ 52.55 Political activity. WASHINGTON, D.C.

All inspectors and licensed samplers are forbidden, during the period of their respective appointments or licenses, to

take an active part in political manageFIGURE 9.

ment or in political campaigns. Politi

cal activities in city, county, State, or (e) Licensing and identification of national elections, whether primary or certain oficial devices. The Adminis- regular, or in behalf of any party or trator may issue licenses permitting the candidate, or any measure to be voted

OFFICIALLY SAMPLED

NOV 18 1955

upon, are prohibited. This applies to contract pursuant to which the service all appointees or licensees, including, is to be performed. but not limited to, temporary and

$ 52.82

Premises. cooperative employees and employees on leave of absence with or without The premises of the plant shall be pay. Wilful violation of this section will free from conditions objectionable to constitute grounds for dismissal in the food processing operations; and such case of appointees and revocation of conditions clude, but are not limited licenses in the case of licensees.

to, the following:

(a) Strong offensive odors; § 52.56 Interfering with an inspector or (b) Litter, waste, and refuse (e. g., licensed sampler.

garbage, viner refuse, and damaged conAny further benefits of the act may tainers) within the immediate vicinity be denied any applicant or other in- of the plant buildings or structures; terested party who either personally (c) Excessively dusty roads, yards, or or through an agent or representative parking lots; and interferes with or obstructs, by intimi- (d) Poorly drained areas. dation, threats, assault, or in any

$ 52.83 Buildings and structures. other manner, an inspector or licensed sampler in the performance of his duties. The plant buildings and structures

shall be properly constructed and main§ 52.57 Compliance with other laws.

tained in a sanitary condition, including, None of the requirements in the regu- but not being limited to, the following lations in this part shall excuse failure requirements: to comply with any Federal, State, (a) There shall be sufficient light (1) county, or municipal laws applicable to consistent with the use to which the the operation of food processing estab- particular portion of the building is delishments and to processed food voted and (2) to permit efficient cleanproducts.

ing. Belts and tables on which picking,

sorting, or trimming operations are car$ 52.58 Identification.

ried on shall be provided with sufficient Each inspector and licensed sampler nonglaring light to insure adequacy of shall have in his possession at all times the respective operation. and present upon request, while on duty, (b) If practicable, there shall be sufthe means of identification furnished by ficient ventilation in each room and comthe Department to such person.

partment thereof to prevent excessive REQUIREMENTS FOR PLANTS OPERATING

condensation of moisture and to insure UNDER CONTINUOUS INSPECTION ON A

sanitary and suitable processing and opCONTRACT BASIS?

erating conditions. If such ventilation

does not prevent excessive condensation, $ 52.81 Plant survey.

the Administrator may require that suit(a) Prior to the inauguration of con

able facilities be provided to prevent the tinuous inspection service on a contract

condensate from coming in contact with basis, the Administrator will make, or

equipment used in processing operations cause to be made, a survey and inspection

and with any ingredient used in the manof the plant where such service is to be

ufacture or production of a processed performed to determine whether the

product. plant and methods of operation are

(c) There shall be an eficient waste

All suitable and adequate for the perform

disposal and plumbing system. ance of such services in accordance with:

drains and gutters shall be properly in(1) The regulations in this part, in

stalled with approved traps and vents,

and shall be maintained in good repair cluding, but not limited to, the require

and in proper working order. ments contained in 88 52.81 through

(d) There shall be ample supply of 52.87; and

both hot and cold water; and the water (2) The terms and provisions of the

shall be of safe and sanitary quality

with adequate facilities for its (1) ? Compliance with the above requirements

distribution throughout the plant, and does not excuse failure to comply with all

(2) protection against contamination applicable sanitary rules and regulations of city, county, State, Federal, or other agencies

and pollution. having jurisdiction over such plants and (e) Roofs shall be weather-tight. The operations.

walls, ceilings, partitions, posts, doors, and other parts of all buildings and cleanliness of each person handling instructures shall be of such materials, gredients used in the manufacture or construction, and finish as to permit production of processed products. their efficient and thorough cleaning. (c) Containers intended for use as The floors shall be constructed of tile, containers for processed products shall cement, or other equally impervious ma. not be used for any other purpose. terial, shall have good surface drainage, (d) No product or material which and shall be free from openings or creates an objectionable condition shall rough surfaces which would interfere be processed, handled, or stored in any with maintaining the floors in a clean room, compartment, or place where any condition.

36-009705

processed product is manufactured, (f) Each room and each compartment processed, or handled. in which any processed products are han. (e) Suitable facilities for cleaning dled, processed, or stored (1) shall be (e. g., brooms, brushes, mops, clean so designed and constructed as to insure cloths, hose, nozzles, soaps, detergent, processing and operating conditions of a sprayers, and steam pressure hose and clean and orderly character; (2) shall be guns) shall be provided at convenient free from objectionable odors and va- locations throughout the plant. pors; and (3) shall be maintained in a

$ 52.85 Equipment. clean and sanitary condition.

(g) Every practical precaution shall be All equipment used for receiving, taken to exclude dogs, cats, and vermin washing, segregating, picking, process(including, but not being limited to, ro- ing, packaging, or storing any processed dents and insects) from the rooms in products or any ingredients used in the which processed products are being pre- manufacture or production thereof, shall pared or handled and from any rooms in be of such design, material, and conwhich ingredients (including, but not

struction as will: being limited to, salt, sugar, spices, flour,

(a) Enable the examination, segregasyrup, and raw fruits and vegetables) are tion, preparation, packaging and other handled or stored. Screens, or other de- processing operations applicable to procvices, adequate to prevent the passage essed products, in an eficient, clean, and of insects shall, where practical, be pro- sanitary manner, and vided for all outside doors and openings. (b) Permit easy access to all parts to The use of poisonous cleansing agents, insure thorough cleaning and effective insecticides, bactericides, or rodent poi- bactericidal treatment. Insofar as is sons shall not be permitted except under practicable, all such equipment shall be such precautions and restrictions as will made of corrosion-resistant material prevent any possibility of their contami- that will not adversely affect the procnation of the processed product.

essed product by chemical action or

physical contact. Such equipment shall $ 52.84 Facilities.

be kept in good repair and sanitary conEach plant shall be equipped with dition. adequate sanitary facilities and accom

$ 52.86 Operations and operating promodations, including, but not being

cedures. limited to, the following: (a) There shall be a sufficient number

(a) All operations in the receving, of adequately lighted toilet rooms, ample

transporting, holding, segregating, prein size, and conveniently located. Such

paring, processing, packaging and storrooms shall not open directly into rooms

ing of processed products and ingredior compartments in which processed

ents, used as aforesaid, shall be strictly products are being manufactured or pro

in accord with clean and sanitary duced, or handled. Toilet rooms shall

methods and shall be conducted as be adequately screened and equipped rapidly as practicable and at temperawith self-closing doors and shall have

tures that will not tend to cause (1) any independent outside ventilation.

material increase in bacterial or other (b) Lavatory accommodations (in

micro-organic content, or (2) any decluding, but not being limited to, run- terioration or contamination of such ning water, single service towels, and processed products or ingredients theresoap) shall be placed at such locations in of. Mechanical adjustments or practices or near toilet rooms and in the manufac- which may cause contamination of foods turing or processing rooms or compart- by oil, dust, paint, scale, fumes, grinding ments as may be necessary to assure the materials, decomposed food, filth, chemi

cals, or other foreign materials shall not be conducted during any manufacturing or processing operation.

(b) All processed products and ingredients thereof shall be subjected to continuous inspection throughout each manufacturing or processing operation. All processed products which are not manufactured or prepared in accordance with the requirements contained in $$ 52.81 through 52.87 or are not fit for human food shall be removed and segregated prior to any further processing operation.

(C) All ingredients used in the manu. facture or processing of any processed product shall be clean and fit for human food.

(d) The methods and procedures employed in the receiving, segregating, handling, transporting, and processing of ingredients in the plant shall be adequate to result in a satisfactory processed product. Such methods and procedures include, but are not limited to, the following requirement:

(1) Containers, utensils, pans, and buckets used for the storage or transporting of partially processed food ingredients shall not be nested unless rewashed before each use;

(2) Containers which are used for holding partially processed food ingredients shall not be stacked in such manner as to permit contamination of the partially processed food ingredients;

(3) Packages or containers for processed products shall be clean when being filled with such products; and all reasonable precautions shall be taken to avoid soiling or contaminating the surface of any package or container liner which is, or will be, in direct contact with such products. If, to assure a satisfactory finished product, changes in methods and procedures are required by the Administrator, such changes shall be effectuated as soon as practicable. § 52.87 Personnel; health.

In addition to such other requirements as may be prescribed by the Administrator with respect to persons in any room or compartment where exposed ingredients are prepared, processed, or otherwise handled, the following shall be complied with:

(a) No person affected with any communicable disease (including, but not being limited to, tuberculosis) in a transmissible stage shall be permitted;

(b) Infections or cuts shall be covered

with rubber gloves or other suitable covering;

(c) Clean, suitable clothing shall be worn;

(d) Hands shall be washed immediately prior to starting work and each resumption of work after each absence from the work station;

(e) Spitting, and the use of tobacco are prohibited; and

(f) All necessary precautions shall be taken to prevent the contamination of processed products and ingredients thereof with any foreign substance (including, but not being limited to perspiration, hair, cosmetics, and medicaments). Subpart-United States Standards for

Grades of Canned Apple Juice SOURCE: $ $ 52.301 to 52.312 appear at 18 F.R. 7921, Dec. 9, 1953, unless otherwise noted. PRODUCT DESCRIPTION, STYLES, AND GRADES $ 52.301 Product description.

Canned apple juice is the unfermented liquid prepared from the first pressing juice of properly prepared sound, fresh apples, excluding the liquid obtained from any additional residual apple material. Such apple juice is prepared without any concentration, without dilution, or without the addition of sweetening ingredients; may be processed with or without the addition of antioxidants; and is sufficiently processed by heat to assure preservation of the product in hermetically sealed containers (either metal or glass). $ 52.302 Styles of canned apple juice.

(a) Style I, Clear (typical of “clarified" apple juice).

(b) Style II, Cloudy (typical of “nonclarified" apple juice, but not a crushed or disintegrated apple product). § 52.303

Grades of canned apple juice. (a) “U.S. Grade A" or "U.S. Fancy" is the quality of canned apple juice that possesses a very good color; is practically free from defects; possesses a very good flavor; and scores not less than 85 points when scored in accordance with the scoring system outlined in this subpart.

(b) “U. S. Grade C” or “U. S. Standard” is the quality of canned apple juice that possesses a good color; is fairly free from defects; possesses a good flavor; and scores not less than 70 points when

con.

scored in accordance with the scoring system outlined in this subpart.

(C) “U. S. Grade D" or "Substandard" is the quality of canned apple juice that fails to meet the requirements of U. S. Grade C or U. S. Standard.

FILL OF CONTAINER $ 52.304 Recommended fill of

tainer. The recommended fill of container is not incorporated in the grades of the finished product since fill of container, as such, is not a factor of quality for the purposes of these grades. It is recommended that each container be filled as full as practicable with apple juice and that the product occupy not less than 90 percent of the volume of the container.

FACTORS OF QUALITY $ 52.305 Ascertaining the grade.

(a) The grade of canned apple juice may be ascertained by considering, in conjunction with the requirements of the respective grade, the respective rat. ings for the factors of color, absence of defects, and flavor.

(b) The relative importance of each factor is expressed numerically on the scale of 100. The maximum number of points that may be given each factor is: Factors:

Points Color...d

20 Absence of detects..

20 Flavor...

60

juice of Style II, Cloudy, may range from & slight translucent appearance to a definitely hazy appearance.

(b) (C) classification. If the canned apple juice possesses a good color, & score of 14 to 16 points may be given. Canned apple juice that falls into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule). "Good color" means that the color is typical of canned apple juice, which color may be deep amber or other typical color but is not off color for the respective style.

(c) (SStd) classification. Canned apple juice that fails to meet the requirements of paragraph (b) of this section may be given a score of 0 to 13 points and shall not be graded above U. S. Grade D or Substandard, regardless of the total score for the product (this is a limiting rule). $ 52.308 Absence of defects.

The factor of absence of defects refers to the degree of freedom from sediment or other residue, dark specks, particles of seeds, coarse particles of pulp, or other defects.

(a) (A) classification. Canned apple juice that is practically free from defects may be given a score of 17 to 20 points. "Practically free from defects" means that the canned apple juice may possess & slight amount of sediment or residue of an amorphous nature; may possess not more than a trace of dark specks or of sediment or residue of a non-amorphous nature; and shall be free from particles of seed, coarse particles of pulp, or other defects.

(b) (C) classification. If the canned apple juice is fairly free from defects, a score of 14 to 16 points may be given. Canned apple juice that falls into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule). “Fairly free from defects” means that the canned apple juice may possess a slight amount of sediment or residue of an amorphous or non-amorphous nature, of dark specks, of particles of seed, of coarse particles of pulp, or of any other defects, provided such defects do not seriously affect the appearance or palatability of the product.

(c) (SStd) classification. Canned apple juice that fails to meet the requirements of paragraph (b) of this section may be given a score of 0 to 13 points and shall

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$ 52.306 Ascertaining the rating for

each factor. The essential variations within each factor are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each factor is inclusive (for example, "17 to 20 points" means 17, 18, 19, or 20 points). $ 52.307 Color.

(a) (A) classification. Canned apple Juice that possesses & very good color may be given a score of 17 to 20 points. “Very good color" means that the color is bright and typical of freshly pressed juice and may vary from characteristic light non-amber shades to medium amber shades; that the canned apple juice of Style I, Clear, is sparkling clear and transparent; and that canned apple

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