scores of the respective sample units: Provided further, That (1) Such sample complies with the applicable standards of quality promulgated under the Federal Food, Drug, and Cosmetic Act; (2) Such sample complies with the product description; (3) Such sample meets the indicated grade with respect to factors of quality which are not rated by score points; and (4) With respect to those factors of quality which are rated by score points, each of the following requirements is met: (i) None of the sample units falls more than one grade below the indicated grade because of any quality factor to which a limiting rule applies; (ii) None of the sample units falls more than 4 score points below the minimum total score for the indicated grade; (iii) The number of deviants does not exceed the applicable acceptance number indicated in the sampling plans contained in § 2852.38 ("deviants", as used in this paragraph, means sample units that fall into the next grade below the indicated grade but do not score more than 4 points below the minimum total score for the indicated grade); (5) If any of the provisions contained in paragraphs (b) (3) and (4) of this section are not met, the grade is determined by considering such provisions in connection with succeedingly lower grades until the grade of the lot, if assignable, is established; and (6) When it is determined that a portion of a lot bearing a particular identification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968. Redesignated at 42 FR 32514. June 27, 1977] § 2852.14 Order of inspection service. Inspection service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any such applications which are made by the United States (including, but not being limited to, any instrumentality or agency thereof) and to any application for an appeal inspection. § 2852.15 Postponing inspection service. If the inspector determines that it is not possible to accurately ascertain the quality or condition of a processed product immediately after processing because the product has not reached equilibrium in color, sirup density, or drained weight, or for any other substantial reason, he may postpone inspection service for such period as may be necessary. § 2852.16 Financial interest of inspector. No inspector shall inspect any processed product in which he is directly or indirectly financially interested. § 2852.17 Forms of certificates. Inspection certificates, certificates of sampling or loading, and other memoranda concerning inspection service shall be issued on forms approved by the Administrator. § 2852.18 Issuance of certificates. (a) The person signing and issuing the certificate shall be one of the following: (1) The inspector who performed the inspection. (2) Another employee of the Inspection Service who has been given power of attorney by the inspector who performed the inspection and authorized by the Administrator to affix the inspector's signature to an inspection certificate. (3) An inspector designated as the "inspector in charge," when the certificate represents composite inspection of several persons. In all cases the inspection certificate shall be prepared in accordance with the facts set forth in the official memoranda made by the inspector or inspectors in connection with the inspection. Whenever a certificate is signed by a person under a power of attorney the certificate should so indicate. The signature of the holder of the power shall appear under the name of the inspector who personally inspected the product, and whenever a certificate issued is signed by an inspector in charge that title must appear in connection with the signature. (b) A certificate of loading shall be issued and signed by the inspector or licensed sampler authorized to check the loading of a specific lot of processed products: Provided, That, another employee of the inspection service may sign such certificate of loading covering any processed product checkloaded by an inspector or licensed sampler when given power of attorney by such inspector or licensed sampler and authorized by the Administrator to affix the inspector's or licensed sampler's signature to a certificate of loading which has been prepared in accordance with the facts set forth in the notes made by the inspector or licensed sampler in connection with the checkloading of a specific lot of processed products. [22 FR 3535, May 22, 1957, as amended at 35 FR 14061, Sept. 4, 1970. Redesignated at 42 FR 32514, June 27, 1977] § 2852.19 Issuance of corrected certificates. A corrected inspection certificate may be issued by the inspector who issued the original certificate after distribution of a certificate if errors, such as incorrect dates, code marks, grade statements, lot or car numbers, container sizes, net or drained weights, quantities, or errors in any other pertinent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspection certificate which was issued in error and the superseded certificate shall become null and void after the issuance of the corrected certificate. § 2852.20 Issuance of an inspection report in lieu of an inspection certificate. A letter report in lieu of an inspection certificate may be issued by an inspector when such action appears to be more suitable than an inspection certificate: Provided, That, the issuance of such report is approved by the Administrator. § 2852.23 When appeal inspection may be requested. An application for an appeal inspection may be made by any interested party who is dissatisfied with the results of an inspection as stated in an inspection certificate, if the lot of processed products can be positively identified by the inspection service as the lot from which officially drawn samples were previously inspected. Such application shall be made within thirty (30) days following the day on which the previous inspection was performed, except upon approval by the Administrator the time within which an application for appeal inspection may be made may be extended. § 2852.24 Where to file for an appeal inspection and information required. (a) Application for an appeal inspection may be filed with: (1) The inspector who issued the inspection certificate on which the appeal covering the processed product is requested; or (2) The inspector in charge of the office of inspection at or nearest the place where the processed product is located. (b) The application for appeal inspection shall state the location of the scores of the respective sample units: Provided further, That (1) Such sample complies with the applicable standards of quality promulgated under the Federal Food, Drug, and Cosmetic Act; (2) Such sample complies with the product description; (3) Such sample meets the indicated grade with respect to factors of quality which are not rated by score points; and (4) With respect to those factors of quality which are rated by score points, each of the following requirements is met: (i) None of the sample units falls more than one grade below the indicated grade because of any quality factor to which a limiting rule applies; (ii) None of the sample units falls more than 4 score points below the minimum total score for the indicated grade; (iii) The number of deviants does not exceed the applicable acceptance number indicated in the sampling plans contained in § 2852.38 ("deviants", as used in this paragraph, means sample units that fall into the next grade below the indicated grade but do not score more than 4 points below the minimum total score for the indicated grade); (5) If any of the provisions contained in paragraphs (b) (3) and (4) of this section are not met, the grade is determined by considering such provisions in connection with succeedingly lower grades until the grade of the lot, if assignable, is established; and (6) When it is determined that a portion of a lot bearing a particular identification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582. July 2, 1968. Redesignated at 42 FR 32514, June 27, 1977] § 2852.14 Order of inspection service. Inspection service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any such applications which are made by the United States (including, but not being limited to, any instrumentality or agency thereof) and to any application for an appeal inspection. § 2852.15 Postponing inspection service. If the inspector determines that it is not possible to accurately ascertain the quality or condition of a processed product immediately after processing because the product has not reached equilibrium in color, sirup density, or drained weight, or for any other substantial reason, he may postpone inspection service for such period as may be necessary. § 2852.16 Financial interest of inspector. No inspector shall inspect any processed product in which he is directly or indirectly financially interested. § 2852.17 Forms of certificates. Inspection certificates, certificates of sampling or loading, and other memoranda concerning inspection service shall be issued on forms approved by the Administrator. § 2852.18 Issuance of certificates. (a) The person signing and issuing the certificate shall be one of the following: (1) The inspector who performed the inspection. (2) Another employee of the Inspection Service who has been given power of attorney by the inspector who performed the inspection and authorized by the Administrator to affix the inspector's signature to an inspection certificate. (3) An inspector designated as the "inspector in charge," when the certificate represents composite inspection of several persons. In all cases the inspection certificate shall be prepared in accordance with the facts set forth in the official memoranda made by the inspector or inspectors in connection with the inspection. Whenever a certificate is signed by a person under a power of attorney the certificate should so indicate. The signature of the holder of the power shall appear under the name of the inspector who personally inspected the product, and whenever a certificate issued is signed by an inspector in charge that title must appear in connection with the signature. (b) A certificate of loading shall be issued and signed by the inspector or licensed sampler authorized to check the loading of a specific lot of processed products: Provided, That, another employee of the inspection service may sign such certificate of loading covering any processed product checkloaded by an inspector or licensed sampler when given power of attorney by such inspector or licensed sampler and authorized by the Administrator to affix the inspector's or licensed sampler's signature to a certificate of loading which has been prepared in accordance with the facts set forth in the notes made by the inspector or licensed sampler in connection with the checkloading of a specific lot of processed products. [22 FR 3535, May 22, 1957, as amended at 35 FR 14061, Sept. 4, 1970. Redesignated at 42 FR 32514, June 27, 1977] § 2852.19 Issuance of corrected certificates. A corrected inspection certificate may be issued by the inspector who issued the original certificate after distribution of a certificate if errors, such as incorrect dates, code marks, grade statements, lot or car numbers, container sizes, net or drained weights, quantities, or errors in any other pertinent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspection certificate which was issued in error and the superseded certificate shall become null and void after the issuance of the corrected certificate. § 2852.20 Issuance of an inspection report in lieu of an inspection certificate. A letter report in lieu of an inspection certificate may be issued by an inspector when such action appears to be more suitable than an inspection certificate: Provided, That, the issuance of such report is approved by the Administrator. § 2852.23 When appeal inspection may be requested. An application for an appeal inspection may be made by any interested party who is dissatisfied with the results of an inspection as stated in an inspection certificate, if the lot of processed products can be positively identified by the inspection service as the lot from which officially drawn samples were previously inspected. Such application shall be made within thirty (30) days following the day on which the previous inspection was performed, except upon approval by the Administrator the time within which an application for appeal inspection may be made may be extended. § 2852.24 Where to file for an appeal inspection and information required. (a) Application for an appeal inspection may be filed with: (1) The inspector who issued the inspection certificate on which the appeal covering the processed product is requested; or (2) The inspector in charge of the office of inspection at or nearest the place where the processed product is located. (b) The application for appeal inspection shall state the location of the lot of processed products and the reasons for the appeal; and date and serial number of the certificate covering inspection of the processed product on which the appeal is requested, and such application may be accompanied by a copy of the previous inspection certificate and any other information that may facilitate inspection. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If made orally, written confirmation shall be made promptly. § 2852.25 When an application for an appeal inspection may be withdrawn. An application for appeal inspection may be withdrawn by the applicant at any time before the appeal inspection is performed: Provided, That, the applicant shall pay at the hourly rate prescribed in § 2852.42, for the time incurred by the inspector in connection with such application, any travel expenses, telephone, telegraph, or other expenses which have been incurred by the inspection service in connection with such application. [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977] § 2852.26 When appeal inspection may be refused. An application for an appeal inspection may be refused if: (a) The reasons for the appeal inspection are frivolous or not substantial; (b) The quality or condition of the processed product has undergone a material change since the inspection covering the processed product on which the appeal inspection is requested; (c) The lot in question is not, or cannot be made accessible for the selection of officially drawn samples; (d) The lot relative to which appeal inspection is requested cannot be positively identified by the inspector as the lot from which officially drawn samples were previously inspected; or (e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal. § 2852.27 Who shall perform appeal inspection. An appeal inspection shall be performed by an inspector or inspectors (other than the one from whose inspection the appeal is requested) authorized for this purpose by the Administrator and, whenever practical, such appeal inspection shall be conducted jointly by two such inspectors: Provided, That, the inspector who made the inspection on which the appeal is requested may be authorized to draw the samples when another inspector or licensed sampler is not available in the area where the product is located. § 2852.28 Appeal inspection certificate. After an appeal inspection has been completed, an appeal inspection certificate shall be issued showing the results of such appeal inspection; and such certificate shall supersede the inspection certificate previously issued for the processed product involved. Each appeal inspection certificate shall clearly identify the number and date of the inspection certificate which it supersedes. The superseded certificate shall become null and void upon the issuance of the appeal inspection certificate and shall no longer represent the quality or condition of the processed product described therein. The inspector or inspectors issuing an appeal inspection certificate shall forward notice of such issuance to such persons as he considers necessary to prevent misuse of the superseded certificate if the original and all copies of such superseded certificate have not previously been delivered to the inspector or inspectors issuing the appeal inspection certificate. The provisions in the regulations in this part concerning forms of certificates, issuance of certificates, and disposition of certificates shall apply to appeal inspection certificates, except that copies of such appeal inspection certificates shall be furnished all interested parties who received copies of the superseded certificate. |