However, the fee for any additional lots of 1,500 pounds or less which are offered for inspection by the same applicant at the same time and which are available for inspection at the same time and place shall be $9.00. For each lot of frozen corn-on-the-cob: Minimum fee for 1,500 dozen ears or less--For each additional 1,000 dozen ears, or fraction thereof, in excess of 1,500 dozen ears but not exceeding 15,000 dozen ears- For each additional 1,000 dozen ears, or fraction thereof, in excess of 15,000 dozen ears---. $12.00 32.50 32.00 (7) Other processed food products. The fee to be charged and collected for the inspection of any processed product not included in subparagraphs (1), (2), (3), (4), (5), and (6) of this paragraph shall be at the rate of $6.00 per hour for the time consumed by the inspector in making the inspection, including the time consumed in sampling by the inspector or licensed sampler: Provided, That, fees for sampling time will not be assessed by the office of inspection when such fees have been assessed and collected directly from the applicant by a licensed sampler. [27 F.R. 10245, Oct. 19, 1962] § 52.43 Fees to be charged and collected for sampling when performed by a licensed sampler. Such sampling fees as are specifically prescribed by the Administrator in connection with the licensing of the par ticular sampler (which fees are to be prescribed in the light of the sampling work to be performed by such sampler and other petinent factors) may be assessed and collected by such licensed sampler directly from the applicant: Provided, That if such licensed sampler is an employee of a State, the appropriate authority of that State may make the collection, or they may be assessed and collected by the office of inspection serving the area where the services are performed. § 52.44 Inspection fees when charges for sampling have been collected by a licensed sampler. For each lot of processed products from which samples have been drawn by a licensed sampler and with respect to which the sampling fee has been collected by the licensed sampler, the fee to be charged for the inspection shall be 75 percent of the fee provided in this part applicable to the respective processed product: Provided, That, if the fee charged for the inspection service is based on the hourly rate of charge, the fee shall be at the rate of $6.00 per hour prescribed in this part. [27 F.R. 10246, Oct. 19, 1962] § 52.45 Inspection fees when charges for sampling have not been collected by a licensed sampler. For each lot of processed products from which samples have been drawn by a licensed sampler, and with respect to which the sampling fee has not been collected by the licensed sampler, the fee to be charged for the inspection shall be 75 percent of the fee as prescribed in this part, plus a reasonable charge to cover the cost of sampling as may be determined by the Administrator: Provided, That, if the fee charged is based on the hourly rate, the fee shall be at the rate of $6.00 per hour prescribed in this part, plus a reasonable charge to cover the cost of sampling, as determined by the Administrator. [27 F.R. 10246, Oct. 19, 1962] § 52.46 Fee for appeal inspection. The fee to be charged for an appeal inspection shall be at the rates prescribed in this part for other inspection services: Provided, That, if the result of any appeal inspection made for any applicant, other than the United States or any agency or instrumentality thereof, discloses that a material error was made in the inspection on which the appeal is made, no inspection fee shall be assessed. § 52.47 Charges for micro, chemical, and certain other special analyses. (a) The following charges shall be made for micro, chemical, and certain other special analyses which may be requested by the applicant or required by the inspector to determine the quality or condition of the processed product. When any of these analyses are made at the request of an applicant and are not in connection with an inspection to determine the quality or condition of the product, the listed fees shall be increased by 50 percent. [27 F.R. 10246, Oct. 19, 1962, as amended at 30 F.R. 9977, Aug. 11, 1965] § 52.48 When charges are to be based on hourly rate not otherwise provided for in this part. When inspection is for condition only or when inspection services or related services are rendered and formal certificates are not issued or when the services rendered are such that charges based upon the foregoing sections would be inadequate or inequitable, charges may be based on the time consumed by the inspector in performance of such inspection service at the rate of $6.00 per hour. [27 F.R. 10247, Oct. 19, 1962] tion serving the area where the inspection was performed; and such applicant shall be charged at the rate of $3.00 for each thirteen sample units, or fraction thereof, inspected and listed on such score sheets. [27 F.R. 10247, Oct. 19, 1962] § 52.50 Fees for additional copies of inspection certificates. Additional copies of any inspection certificate other than those provided for in § 52.21, may be supplied to any interested party upon payment of a fee of $3.00 for each set of five (5) or fewer copies. [27 F.R. 10247, Oct. 19, 1962] § 52.51 Travel and other expenses. Charges may be made to cover the cost of travel and other expenses incurred in connection with the performance of any inspection service, including appeal inspections: Provided, That, if charges for sampling or inspection are based on an hourly rate, an additional hourly charge may be made for travel time including time spent waiting for transportation as well as time spent traveling, but not to exceed eight hours of travel time for any one person for any one day: And provided further, That, if travel is by common carrier, no hourly charge may be made for travel time outside the employee's official work hours. § 52.52 Charges for inspection service on a contract basis. (a) Irrespective of fees and charges prescribed in foregoing sections, the Administrator may enter into contracts with applicants to perform continuous inspection services or other inspection services pursuant to the regulations in this part and other requirements as prescribed by the Administrator in such contract, and the charges for such inspection service provided in such contracts shall be on such basis as will reimburse the Consumer and Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator. (b) Irrespective of fees and charges prescribed in the foregoing sections, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with any administrative agency charged with the administration of a marketing agreement or a marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et. seq.) for the making of inspections pursuant to said agreement or order on such basis as will reimburse the Consumer and Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator. Likewise, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with an administrative agency charged with the administration of a similar program operated pursuant to the laws of any State. (c) 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 shall not be construed to extend to such contract if made 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. MISCELLANEOUS § 52.53 Approved identification. (a) Grade marks. The approved grade mark or identification may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by and inspector as meeting the requirements of such grade, quality or classification. The grade marks approved for use shall be similar in form and design to the examples in Figures 1 through 5 of this section. (b) Inspection marks. The approved inspection marks may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by an inspector as meeting the requirements of such quality or grade classification as may be approved by the Administrator. The inspection marks approved for use shall be similar in form and design to the ex PACKED UNDER CONTINUOUS INSPECTION OF THE U. S. DEPT. OF AGRICULTURE amples in Figures 6, 7, and 8 of this section. PACKED UNDER CONTINUOUS INSPECTION OF THE U.S. DEPT. OF AGRICULTURE Statement enclosed within a shield. FIGURE 6. PACKED BY UNDER CONTINUOUS INSPECTION OF THE U. S. DEPT. OF AGRICULTURE (c) Combined grade and inspection marks. The grade marks set forth in paragraph (a) of this section and the inspection marks set forth in paragraph (b) of this section may be combined into a consolidated grade and inspection mark for use on processed products that have been packed under continuous inspection as provided in this part. (d) Products not eligible for approved identification. Processed products which have not been packed under continuous inspection as provided for in this part shall not be identified by approved grade or inspection marks (except honey and maple sirup which may bear such grade marks), but such products may be inspected on a lot inspection basis as provided in this part and 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 sample mark similar in form and design to the example in Figure 9 of this section. OFFICIALLY SAMPLED NOV 18 1955 U.S. DEPARTMENT FIGURE 9. (e) Licensing and identification of certain official devices. The Administrator may issue licenses permitting the manufacture, identification, distribution, and sale of any official device designated as a USDA color standard, |