will be charged to the applicant at least monthly for all hours worked with a minimum of 40 hours per week, holiday pay and night differential for each inspector assigned to perform the inspection services in accordance with the following schedule:

(1) For personnel assigned on a yearround basis:

Each inspector-$16 per hour

(2) For personnel assigned on less than a year-round basis:

Each inspector-$18.50 per hour.

Each subordinate inspector on the same shift with an inspector-$13.50 per hour.

(3) Travel expense. No reporting charges will be made for regular full time inspection personnel assigned on a year-round basis. Per diem and/or mileage will be charged when paid to each inspector assigned on less than a year-round basis.

(4) Holiday pay. An eight (8) hour charge will be made for each person assigned at their regular hourly rate. When work is performed an additional hour at the regular hourly rate will be charged for each hour worked.

(5) Night differential. A 10 percent night differential charge will be made for all work performed between the hours of 6 p.m. and 6 a.m.

(6) Overtime. All overtime hours will be charged at the regular rate specified in paragraphs (c) (1) and (2) of this section.

(d) Charges for less than year-round inplant inspection services on a contract basis will be billed to the applicant at least monthly for all hours with a minimum of 40 hours per week, holiday pay and night differential for each inspector assigned to perform the inspection services in accordance with the following schedule:

(1) Each inspector-$23.

(2) Travel expense. The above rates apply to hours worked on the assignment. The salary for inspectors enroute and other travel expenses including per diem will not be billed for inspectors assigned on this contract.

(3) Holiday pay. An eight (8) hour charge will be made for each person assigned at their regular hourly rate. When work is performed an additional

hour at the regular hourly rate will be charged for each hour worked.

(4) Night differential. A 10 percent night differential will be charged for all work performed between the hours of 6 p.m. and 6 a.m.

(5) Overtime. All overtime hours will be charged at the regular rates specified in paragraph (d) (1) of this section plus $5.00 per hour.

(e) No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in this section or to any benefit that may arise therefrom, but this provision Ishall not be construed to extend to such contract if inade with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a Member of, or Delegate to Congress, or a Resident Commissioner in his capacity as a farmer.

[38 FR 25168, Sept. 12, 1973, as amended at 40 FR 47753, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977 and amended at 42 FR 45327, Sept. 9, 1977; 43 FR 46291, Oct. 6, 1978]

MISCELLANEOUS

§ 2852.53 Approved identification.

(a) General. Use of the approved identification marks described and illustrated in figures 1 through 10 of this section is restricted to processed products that:

(1) Are clean, safe, and wholesome; (2) Have been produced in an approved plant;

(3) Are truthfully and accurately labeled;

(4) Meet the quality requirements for U.S. Grade C or better;

(5) Meet applicable fill weight and/ or drained weight, condition of container criteria, Brix or other characteristics of a commodity related to market value; and

(6) Have been certified, or have been inspected and are eligible for certification, by an inspector; and, in addition, meet the specific requirements stated in paragraphs (b), (c), and (d) of this section.

(b) Inspection (Continuous) grade and inspection marks. The official marks approved for use by plants op

40-020 O-79-6

(1) and (2) of figure 10. Failure to have all lots, bearing such official marks, inspected and certified shall be cause for the debarment of services and such other actions as provided for in the Agricultural Marketing Act of 1946.

(I) U. S. GRADE A

(2) U. S. CHOICE

Grade marks not in shield design.

FIGURE 10.

(e) Sampling marks. Processed products which have been packed under inspection as provided for in this section and products sampled for inspection on a lot basis as provided in this part may, at the option of the Department, be identified by an authorized representative of the Department by stamping the shipping cases and inspection certificate(s) covering such lot(s) with an officially drawn sampling mark similar in form and design to the example in figure 11 of this section.

OFFICIALLY SAMPLED
MAR 24'73

U.S. DEPARTMENT
OF AGRICULTURE
WASHINGTON, D.C.

FIGURE 11.

(f) Removal of labels bearing approved grade or inspection marks fig

ures 1 through 8). (1) At the time a lot of processed products, bearing approved grade or inspection marks (figures 1 through 8) is found to be mislabeled, the processor shall separate and retain such lot for relabeling. Removal and replacement of labels shall be done, under the supervision of a USDA inspector within ten (10) consecutive calendar days or within such period of time as may be mutually agreed by the processor and USDA.

(2) The processor shall be held accountable to the Department for all mislabeled products until the products have been properly labeled.

(3) Clearance for the release of the relabeled product shall be obtained, by the processor, from the inspector.

(g) Licensing and identification of certain official devices. The Administrator may issue licenses permitting the manufacture, identification, 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 specified by the Administrator. Licenses shall be available to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be recoverable for cause. No person shall manufacture, identify, distribute or sell any such official device except at the direction of or under license from the Administrator. Such official devices may be marked, tagged or otherwise designated with the prefix "USDA" together with other identifying words or symbols, as prescribed by the license.

(h) Prohibited uses of approved identification. Except as specified in this section, no label or advertising material used upon, or in conjunction, with a processed product, as defined by these Regulations, shall bear a brand name, trademark, product name, company name, or any other descriptive material that incorporates, resembles, simulates, or alludes to, any official U.S. Department of Agriculture certificate of quality or loading, grade mark. grade statement (except honey and maple syrup which may bear such grade mark or statement), continuous inspection mark, continuous inspec

tion statement, sampling mark or sampling statement, or combinations of one or more thereof.

[38 FR 25169, Sept. 12, 1973, as amended at 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977]

§ 2852.54 Debarment of service.

(a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. The rules of practice governing withdrawal of inspection and grading services set forth in 7 CFR Part 50 shall be applicable to such debarment action.

(1) Fraud or misrepresentation. Any misrepresentation or deceptive or fraudulent practice or act found to be made or committed in connection with:

(i) The making or filing of an application for any inspection service;

(ii) The submission of samples for inspection;

(iii) The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part;

(iv) The use of the words "Packed under continuous inspection of the U.S. Department of Agriculture," any legend signifying that the product has been officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product;

(v) 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.

(2) Wilful violation of the regulations in this subpart. Wilful violation of the provisions of this part of the Act.

(3) Interfering with an inspector, inspector's aid, or licensed sampler. Any interference with, obstruction of, or attempted interference with, or attempted obstruction of any inspector, inspector's aide, or licensed sampler in

the performance of his duties by intimidation, threat, assault, bribery, or any other means-real or imagined.

[38 FR 25170, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977]

§ 2852.55 Political activity.

All inspectors and licensed samplers are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, are prohibited. This applies to all appointees or licensees, including, but not limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Wilful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

§ 2852.56 [Reserved]

§ 2852.57 Compliance with other laws.

None of the requirements in the regulations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing establishments and to processed food products.

§ 2852.58 Identification.

Each inspector and licensed sampler shall have in his possession at all times and present upon request, while on duty, the means of identification furnished by the Department to such person.

REQUIREMENTS FOR PLANTS TO BE APPROVED AND FOR PLANTS USING CONTRACT IN-PLANT INSPECTION SERVICES' SOURCE: §§ 2852.81 to 2852.83 appear at 38 FR 25170, Sept. 12, 1973, unless otherwise noted. Redesignated at 42 FR 32514. June 27, 1977.

'Compliance with the above require netts does not excuse failure to comply win al applicable sanitary rules and regulations o. Footnotes continued on next page