SUBPART-REGULATIONS

SOURCE: §§ 51.1 to 51.67 appear at 21 F. R. 9553, Dec. 4, 1956, except as otherwise noted.

ADMINISTRATIVE

§ 51.1 Administration of regulations. The Administrator, Agricultural Marketing Service, United States Department of Agriculture, is charged with the administration of the regulations in this part, except he may delegate any or all of such functions to any other officer or employee of the Agricultural Marketing Service of the Department, in his discretion.

DEFINITIONS

§ 51.2 Definitions. Words used in the regulations in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of such regulations, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(a) Act. "Act" means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U. S. C. 1621 et seq.) or any other act of Congress conferring like authority.

(b) Regulations. "Regulations" means the regulations in this subpart.

(c) Department. "Department" means the United States Department of Agriculture.

(d) Agricultural Marketing Service. "Agricultural Marketing Service" means the Agricultural Marketing Service of the Department.

(e) Secretary. "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

not limited to, corporate agencies thereof), and any State, county, or municipal government, any common carrier, and any authorized agent of any of the foregoing.

(h) Interested party. "Interested party" means any person who has a financial interest in the product on which inspection is requested.

(i) Inspector. "Inspector" means any employee of the Department who is authorized by the Secretary, or any other person licensed by the Secretary, to investigate, sample, inspect, and certify, in accordance with the regulations in this part, to any interested party the quality and/or condition of any product covered under this part, and to perform related duties in connection with such inspection services.

(j) Applicant. "Applicant" means any person who has applied for inspection service under the regulations.

(k) Inspection service. "Inspection service" means the service established and conducted under the regulations for the determination and certification or other identification of the grade, quality or condition of products.

(1) Inspection certificate. "Inspection certificate" means a statement, in written and/or printed form, issued pursuant to the regulations in this part, setting forth, in addition to appropriate descriptive information relative to the particular product and the containers thereof, the quality and/or condition of such product.

(m) Quality. "Quality" means the combination of the inherent properties of a product which determines its relative degree of excellence.

(n) Condition. "Condition" means the relative degree of soundness or preservation of a product and includes, but is not necessarily limited to, its maturity, decay, freezing or mechanical injury, shriveling, flabbiness, or any other factor which affects its merchantability.

(0) Lot. "Lot" means any number of containers which contain a product of the same kind located in the same conveyance or warehouse and which are available for inspection at the same time: Provided, That:

(1) Products which differ from each other as to grade, variety, condition, identification marks, or other factors may be deemed to be separate lots;

(2) If the applicant requests more than one inspection certificate covering different portions of such product, the quantity of the product covered by each certificate shall be deemed to be a separate lot; and

(3) If said product is packed in more than one size or type of container, each such size or type may be deemed to be a separate lot.

§ 51.3 Designation of official certiflcates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203 (h) of the Agricultural Marketing Act of 1946, as amended by Public Law 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purpose of said subsection and the provisions in this part, the terms listed in this section shall have the respective meanings specified:

(a) "Official certificate" means any form of certification, either written or printed, including those defined in § 51.2, used under this part to certify with respect to the inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

(b) "Official memorandum" means any initial record of findings made by an authorized person in the process of grading, inspection, or sampling pursuant to this part, any processing or plantoperation report made by an authorized person in connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.

(c) "Official mark" means the grade mark, inspection mark, combined form of inspection and grade mark, and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected, or both, or indicating the appropriate U. S. grade or condition of the

product, or for the purpose of maintaining the identity of products graded or inspected, or both, under this part.

(d) "Official identification" means any United States (U. S.) standard designation of class, grade, quality, size, quantity, or condition specified in this Part of any symbol, stamp, label, or seal indicating that the product has been officially graded or inspected and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

(e) "Official device" means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.

INSPECTION SERVICE

§ 51.4 Where inspection service is offered. Products will be inspected at appropriate points indicated in paragraphs (a), (b) and (c) of this section whenever inspectors are available.

(a) Shipping points. Inspection is available in all areas covered by cooperative agreements providing for this work with States or other agencies which have been entered into on behalf of the Department pursuant to authority contained in any act of Congress, or any other area which is not covered by a cooperative agreement when the Administrator determines that it is practicable to provide inspection service.

(b) Destination markets. Inspection is available in all central markets in which an inspection office is located.

(c) Other points. Inspection may be made at any point which may be conveniently reached from any market referred to in paragraph (b) of this section under conditions provided in § 51.40 and to the extent permitted by the time of the nearest inspector.

(d) Addresses of offices. Any prospective applicant may obtain an up-todate list of inspection offices by addressing an inquiry to Fresh Products Inspection Service, Fruit and Vegetable Division, Agricultural Marketing Service, Washington 25, D. C.

§ 51.5 Kind of service. Inspection of products may be made according to quality and/or condition, and, in the discretion of the Administrator, for any part thereof.

§ 51.6 Who may obtain service. An application for inspection may be made by any interested party, or his authorized agent, or by any Governmental Agency.

§ 51.7 How to make application. Application for inspection may be filed in an office of inspection at any market referred to in § 51.4, (a), (b), or (d) or with any inspector. It may be made in writing, orally, by telegraph, or by telephone. If made orally or by telephone, the inspector may require that it be confirmed by applicant in writing or by telegraph. An application may be made for one or more lots, or it may be in the nature of a blanket application for inspection of all designated lots of a given commodity within a particular period, or for all designated lots loaded or received at a specified point.

Each

§ 51.8 Form of application. application for inspection shall state (a) the name and post-office address of the applicant and the name and capacity of the person, if any, making the application in his behalf; (b) the name and post-office address of the shipper; (c) the kind and quantity of the products involved; (d) the interest of the applicant therein; (e) the identification of the products by (1) grade, brand, or other marks, if practicable, (2) car initials, car number, and name of carrier or number of truck or name of boat, if practicable, and (3) the name and location of the store, warehouse, or other place where the products are located; (f) the particular quality or condition concerning which inspection is quested, to which may be added the time and place at which it is desired that the inspection be made; (g) when the lot is to be inspected in a receiving market, the name and address of the receiver; (h) the name of the shipping point and of the destination, when known; and (i) such other information as may be necessary for identification of the product, or as may be required by the inspector or the Administrator.

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§ 51.9 Filing of application. An application shall be deemed filed when received at the office of inspection nearest the place where the commodity is lo

cated. A record showing the date and time of filing shall be made and kept in such office.

§ 51.10 When application may be rejected. An application may be rejected by the inspector in charge of the appropriate office of inspection if the applicant objects to the inspector cutting an adequate number of specimens to determine the interior quality or condition of the product to be inspected, or for failure of the applicant (a) to observe the regulations of this part, (b) to furnish necessary information or to make the commodity reasonably available or accessible for inspection, (c) to pay for previous inspections, or (d) when it appears that to perform the inspection and certification service would not be to the best interests of the Government. Such applicant shall be notified promptly of the reason for such rejection.

§ 51.11 When application may be withdrawn. An application may be withdrawn by the applicant at any time before the inspection is performed: Provided, That the applicant shall pay any travel expenses, telephone, telegraph, or other expenses which have been incurred by the inspection service in connection with such application.

§ 51.12 Authority to request inspection. Proof of the interest of an applicant in the product involved, or of the authority of any person applying for inspection in behalf of another may be required, in the discretion of the inspector.

§ 51.13 Accessibility of products. The applicant shall cause the products for which inspection is requested to be made reasonably accessible for sampling or inspection and to be so placed as to disclose their quality or condition. Samples of the products drawn for examination shall be inspected cnly under such conditions as, in the opinion of the inspector, will permit a true and correct determination to be made of their quality or condition.

§ 51.14 Basis of service. Inspection and certification service for quality and/or condition shall be based upon the appropriate standards promulgated by the United States Department of Agriculture, applicable standards prescribed by the laws of the State where the particular product was produced, specifications of any governmental agency,

written buyer and seller contract specifications, or any written specification by an applicant which is approved by the Administrator: Provided, That, if such product is regulated pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.), or the comparable laws of any State, such inspection and certification shall be on the basis of the standards, if any, prescribed in, or pursuant to, the marketing order and/or agreement effective thereunder.

§ 51.15 Order of inspection. Inspection shall, insofar as practicable, be made in the order in which applications are received, except that precedence shall be given (a) to the inspection of lots involved in complaints filed pursuant to the Perishable Agricultural Commodities Act, 1930 (7 U. S. C. 499a et seq.), and (b) to appeal inspections. Precedence may also be given to applications made on behalf of the Federal Government or of a State Government.

851.16 Financial interest of inspector. No inspector shall inspect any product in which he is financially interested, either directly or indirectly.

§ 51.17 Postponing inspection. If the inspector has reason to believe that, because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the product, he shall postpone examination for such period as may, in his judgment, be reasonably necessary to enable him to determine its true quality or condition.

§ 51.18

Official sampling. Samples may be officially drawn by any duly authorized inspector and delivered, or shipped, for analysis and certification to the nearest designated market or to such market as shall be directed by the Administrator. The container in which such samples are delivered, or shipped, shall contain a statement, signed by the inspector who drew the samples, showing the time and place of the sampling and the brands or other identifying marks of the containers from which the samples were drawn. The certificate based on such samples shall show the time and place of drawing the samples, and the name of the inspector by whom they were drawn.

§ 51.19 Certificate form. Certificates shall be issued on forms approved by the

Administrator: Provided, That when an application for inspection is made by any person for the purpose of determining whether food products for use by such applicant comply with contract specifications therefor, a formal certificate need not be issued, but the fact of such compliance or non-compliance may be indicated by appropriate stamp or mark on such products or the containers thereof, or otherwise, in the discretion of the inspector.

§ 51.20 Issuance of certificates. The inspector shall sign and issue a separate certificate for each lot inspected by him, except that when an application covers a number of lots a single certificate may be issued to cover all such lots.

§ 51.21 Disposition of certificates and samples. (a) The original certificate, and not to exceed four copies (if requested by applicant prior to issuance), shall be delivered or mailed promptly to the applicant or to a person designated by him. One copy shall be filed in the office of the inspector when the inspection is made by a Federal Government employee, otherwise, it shall be filed in the appropriate office of the cooperating State Agency. Unless otherwise directed by the Administrator, one copy of each official certificate issued on products received in destination markets shall be forwarded to the Administrator to be kept on file in Washington and no copies of official certificates issued at shipping point need be so forwarded. In the case of any product covered by a marketing agreement and/or order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.), at least one copy of each certificate covering the inspection of such product shall, on request, be delivered to the administrative agency established thereunder, subject to such terms and conditions as the Administrator may prescribe. Copies may be furnished to other interested parties as outlined in § 51.41.

(b) If it is necessary to take samples of the product to the inspection office for further examination the inspector, after completion of inspection of such samples shall dispose of them as follows: Ascertain from the applicant if the owner wants the samples returned to him at his expense. If he does not want them so returned the inspector shall give them to a nonsectarian charitable organization or, if they have a substantial mon