(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.

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

(1) At the time a lot of processed products bearing approved grade or inspection marks 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 the time specified by the Administrator or as may be mutually agreed by the processor and the Administrator.

(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 inspection 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 and at 46 FR 63203, Dec. 31, 1981; 48 FR 12326, Mar. 24, 1983]

§ 52.54 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 and at 46 FR 63203, Dec. 31, 1981]

§ 52.55 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.

§ 52.56 Purchase of commodity samples for review.

Employees are authorized to purchase commodity samples for review. Employees must pay and obtain receipts for such purchases and keep receipts subject to inspection by supervisory or other authorized Department employees.

[48 FR 12330, Mar. 24, 1983]

§ 52.57 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 es

Prior to a plant being approved, or the inauguration of in-plant inspection services, and at such intervals as may be deemed necessary or appropriate, the Administrator will make, or cause to be made, a survey and inspection of the plant where such inspection services are to be performed to determine whether the plant and methods of operation are suitable and adequate for the performance of such service in accordance with:

(a) The regulations in this part, including, but not limited to, the requirements contained in §§ 52.81 through 52.83; and

1 Compliance with the above requirements does not excuse failure to comply with all applicable sanitary rules and regulations of city, county, State, Federal, or other agencies having jurisdiction over such plants and operations.

(b) The terms and provisions of any contract pursuant to which the service is to be performed: Provided, That, such survey(s) shall be repeated at least yearly.

§ 52.82 Basis of survey and plant inspection.

The plant survey and inspection will be based on the Regulations issued under the Federal Food, Drug, and Cosmetic Act-Human Foods; Good Manufacturing Practice (Sanitation) in Manufacture, Processing, Packing, or Holding (21 CFR Part 110)-as may be modified or augmented by the Federal Food and Drug Administration, U.S. Department of Health, Education, and Welfare or the Administrator of the Agricultural Marketing Service.

(c) Provide a statistical procedure for determining compliance of a variable, which may be any measurable product characteristic, with a specified requirement.

§ 52.202 Options.

These standards provide for three options, any one of which may be applied to determine compliance of a variable. These options are based on procedures employing the use of: (a) Conventional averages; (b) The median; or (c) Moving averages.

§ 52.203 Requirements for application. These standards are written in general terms to be applied to any variable. Therefore, in order to use these standards it will be necessary to predetermine:

(a) The sampling allowance code;
(b) The sampling frequency;
(c) The values for:
(1) Specified averages;
(2) Warning limits;

(3) Reject limits; and

(4) Maximum range, when requested.

DEFINITIONS

§ 52.204 Definitions.

Statistical and inspection symbols and terms and their respective definitions which are pertinent to the understanding and application of these standards follow.

(a) Symbols defined.

LRL-The lower reject limit for individual measurements. The lowest value an individual measurement may have without causing the production to be rejected for failure to meet prescribed requirements for individual

measurements.

LRL-The lower reject limit for subgroup averages or medians. The lowest value the average or median of a subgroup may have without causing the production to be rejected for failure to meet prescribed requirements for subgroup averages.

LWL-The lower warning limit for individual measurements. This value serves as a warning point that the production may have reached a level

where the chances of subsequently finding an individual measurement that will fall below the LRL have increased to a degree that the production may be in danger of rejection.

LWL.-The lower warning limit for subgroup averages or medians. This value serves as a warning point that the quality of the production may have reached a level where the chances of subsequently finding a subgroup average or median that will fall below LRL, have increased to a degree that the production may be in danger of rejection.

m-The number of subgroups in a sample.

Mi-The median of all the individual measurements in a subgroup.

Mi-The median of all the individual measurements or subgroup medians (Mi) in a sample.

n-The total number of sample units or measurements in a sample. n=(m) (n,).

n.-The number of sample units or measurements in a subgroup.

R-A range of measurements, the difference between the highest measurement and lowest measurement within a subgroup.

individual

subsequently finding an measurement that will exceed the URL have increased to a degree that the production may be in danger of rejection.

UWL-The upper warning limit for subgroup averages or medians. This value serves as a warning point that the quality of production may have reached a level where the chances of subsequently finding a subgroup average or median that will exceed the URL-have increased to a degree that the production may be in danger of rejection.

X-The value of an individual measurement for a variable.

X-The average of all individual measurements in a subgroup.

Xmax

-A specified maximum lot average value.

max

X' adjusted-X'max plus a sampling allowance.

X'min-A specified minimum lot average value.

X'

'min adjusted X', minus a sampling

allowance.

min

X-The arithmetic mean of all the individual measurements in a sample. When the average is calculated for each subgroup in a sample for conven

R-A specified average range value. Rmax-A specified maximum range for a subgroup.

s-The standard deviation of the individual measurements.

sx-The standard deviation of the averages.

URL The upper reject limit for individual measurements. The highest value an individual measurement may have without causing the production to be rejected for failure to meet prescribed requirements for individual measurements.

URL, The upper reject limit for subgroup averages or medians. The highest value the average or median of a subgroup may have without causing the production to be rejected for failure to meet prescribed requirements for subgroup averages.

UWL-The upper warning limit for individual measurements. This value serves as a warning point that the quality of the production may have reached a level where the chances of

of the subgroup averages.

(b) Terms defined.

Average. The arithmetic mean of two or more values; the sum of all measurements divided by the number of measurements.

Median. The median is the middle value with respect to magnitude of all the individual measurements when the number of individual measurements is odd. When the number of individual measurements is even and arranged according to magnitude, the median is the arithmetic mean of the two middle values.

Moving average. A scheme under which a series of consecutive measurements are made until such number equals the subgroup size; the average is then determined and recorded; as new data is collected from continuing production, the first measurement of the subgroup is dropped, the next new value is added, and a new average is calculated; this process of adding new measurements, dropping the oldest measurement in the subgroup, and cal

culating the average on the new data is continued throughout the production.

Example:

X=(5+7+3)/3=5.00 X=(7+3+4)/3=4.67

X=(3+4+6)/3=4.33

Moving range. The difference between the highest measurement and lowest measurement within a subgroup from which a moving average is obtained.

One-sided specification. A specification with rejection limits applicable to only one side of the specified lot average. When only lower reject limits apply, the term "low-sided specification" may be used. When only upper reject limits apply, the term "highsided specification" may be used.

Two-sided specification. A specification with both upper and lower rejection limits applicable.

Sample. Any number of sample units to be used for inspection of a lot.

Sample unit. A container, the entire contents of a container, a portion of the contents of a container, a composite mixture of a product, or any other unit of container or commodity to be used for inspection.

Sampling allowance. The amount that the sample quality may deviate from the lot quality due solely to the fact that only a portion has been taken from the whole lot.

Subgroup. Generally a small group of sample units representing a portion of a sample. The term "subgroup" is synonymous with the term "sample" when the sample contains only one subgroup.

Variable. Any measurable product characteristic.

[38 FR 10447, Apr. 27, 1973; 38 FR 12729, May 15, 1973. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981]

certain numerical values are recorded in the form of plottings. It is desirable to use both forms. The control chart may be incorporated on the same sheet with the X and R data sheet. However, one of these forms may be used in lieu of both as desired at the option of the packer.

(b) X and R data sheets. A separate data sheet shall be maintained for each item. When a single item is simultaneously produced on more than one processing line, it is desirable to maintain one data sheet for the item. In such instances, the processing line designation shall be recorded with the corresponding data.

The X and R data sheets shall provide for recording the following information:

(1) The time a sample unit or subgroup has been drawn;

(2) The X values;

(3) The total values of all the X values in the subgroups when conventional averages are used;

(4) The values for Mi, R, R, Mi, X, and X

(c) X and R control charts. Control charts consist of an X chart and may consist of an R chart. When both are used they are contained on the same sheet with the limits for the X chart on the top portion and the limits for the R chart on the lower portion with a space separating the two such that plottings from one does not overlap those of the other.

Separate control charts shall be maintained for each item. More than one day's production of an item may be plotted on a single control chart.

(1) X charts. (i) The X charts for two-sided specifications shall consist of lines and values properly representing both the upper and lower reject and warning limit(s), and may require the use of minimum and maximum specification lot averages.

(ii) The X chart for one-sided specifications shall consist of lines and values properly representing, as applicable, the upper or lower reject and warning limit(s), and the minimum or maximum specification lot average.

(2) R charts. When the R chart is used, it shall consist of lines and values properly representing R', Rmax,