7 CFR Part 62

§ 61.101

7 CFR Ch. I (1–1–11 Edition)

§ 61.101 Determination of grade.
The grade of cottonseed shall be determined from the analysis of samples
by licensed chemists, and it shall be
the result, stated in the nearest whole
or half numbers, obtained by multiplying a quantity index by a quality
index and dividing the result by 100.
The quantity index and the quality
index shall be determined as hereinafter provided.
(a) The basis grade of cottonseed
shall be grade 100.
(b) High grades of cottonseed shall be
those grades above 100.
(c) Low grades of cottonseed shall be
those grades below 100.
(d) Grades for American Pima cottonseed shall be suffixed by the designation ‘‘American Pima’’ or by the symbol
‘‘AP.’’
[22 FR 10948, Dec. 28, 1957, as amended at 37
FR 20157, Sept. 27, 1972; 58 FR 42413, Aug. 9,
1993]

§ 61.102 Determination
of
quantity
index.
The quantity index of cottonseed
shall be determined as follows:
(a) For upland cottonseed the quantity index shall equal four times percentage of oil plus six times percentage
of ammonia, plus 5.
(b) For American Pima cottonseed
the quantity index shall equal four
times percentage of oil, plus six times
percentage of ammonia, minus 10.

wwoods2 on DSK1DXX6B1PROD with CFR

[37 FR 20157, Sept. 27, 1972]

§ 61.103 Determination
of
quality
index.
The quality index of cottonseed shall
be an index of purity and soundness,
and shall be determined as follows:
(a) Prime quality cottonseed. Cottonseed that by analysis contains not
more than 1.0 percent of foreign matter, not more than 12.0 percent of moisture, and not more than 1.8 percent of
free fatty acids in the oil in the seed,
shall be known as prime quality cottonseed and shall have a quality index
of 100.
(b) Below prime quality cottonseed. The
quality index of cottonseed that, by
analysis, contain foreign matter, moisture, or free fatty acids in the oil in
the seed, in excess of the percentages

prescribed in paragraph (a) of this section shall be found by reducing the
quality index of prime quality cottonseed as follows:
(1) Four-tenths of a unit for each 0.1
percent of free fatty acids in the oil in
the seed in excess of 1.8 percent.
(2) One-tenth of a unit for each 0.1
percent of foreign matter in excess of
1.0 percent.
(3) One-tenth of a unit for each 0.1
percent of moisture in excess of 12.0
percent.
(c) Off quality cottonseed. Cottonseed
that has been treated by either mechanical or chemical process other
than the usual cleaning, drying, and
ginning (except sterilization required
by the United States Department of
Agriculture for quarantine purposes) or
that are fermented or hot, or that upon
analysis are found to contain 12.5 percent or more of free fatty acids in the
oil in the seed, or more than 10.0 percent of foreign matter, or more than
20.0 percent of moisture, or more than
25.0 percent of moisture and foreign
matter combined, shall be designated
as ‘‘off quality cottonseed.’’
(d) Below grade cottonseed. Cottonseed
the grade of which when calculated according to § 61.101 is below grade 40.0
shall be designated as ‘‘below grade cottonseed,’’ and a numerical grade shall
not be indicated.
§ 61.104 Sampling and certification of
samples and grades.
The drawing, preparation, and certification of samples of cottonseed, and
certification of grades of cottonseed
shall be performed in accordance with
methods approved from time to time
for the purposes by the Director, or his
representatives.
[22 FR 10948, Dec. 28, 1957, as amended at 58
FR 42413, Aug. 9, 1993]

PART 62—LIVESTOCK, MEAT, AND
OTHER AGRICULTURAL COMMODITIES (QUALITY SYSTEMS
VERIFICATION PROGRAMS)
Subpart A—Quality Systems Verification
Programs Definitions
Sec.
62.000

Meaning of terms.

180

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00190

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014

Agricultural Marketing Service, USDA

§ 62.000

ADMINISTRATION
62.100

Administrator.
SERVICE

62.200 Services.
62.201 Availability of service.
62.202 How to apply for service.
62.203 How to withdraw service.
62.204 Authority to request service.
62.205 Conflict of interest.
62.206 Access to program documents and activities.
62.207 Official assessment.
62.208 Publication of QSVP assessment status.
62.209 Reassessment.
62.210 Denial, suspension, or cancellation of
service.
62.211 Appeals.
62.212 Official assessment reports.
62.213 Official identification.
CHARGES FOR SERVICE
62.300
62.301

Fees and other costs for service.
Payment of fees and other charges.
MISCELLANEOUS
OMB Control Number

62.400 OMB control number assigned pursuant to the Paperwork Reduction Act.
AUTHORITY: 7 U.S.C. Sec. 1621–1627.
SOURCE: 70 FR 58791, Oct. 11, 2005, unless
otherwise noted.

Subpart A—Quality Systems
Verification Programs Definitions

wwoods2 on DSK1DXX6B1PROD with CFR

§ 62.000

Meaning of terms.

Words used in this subpart in the singular form shall be deemed to impart
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:
Administrator. The Administrator of
the Agricultural Marketing Service
(AMS), or any officer or employee of
AMS to whom authority has heretofore
been delegated or to whom authority
may hereafter be delegated, to act in
the Administrator’s stead.
Agricultural Marketing Service. The
Agricultural Marketing Service of the
U.S. Department of Agriculture.
Applicant. Any individual or business
with financial interest in QSVP services who has applied for service under
this part.

Assessment. A systematic review of
the adequacy of program or system
documentation, or the review of the
completeness of implementation of a
documented program or system.
Auditor. Person authorized by the
Livestock and Seed Program to conduct official assessments.
Branch. The Audit, Review, and Compliance Branch of the Livestock and
Seed Program.
Chief. The Chief of the ARC Branch,
or any officer or employee of the
Branch to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to
act in the Chief’s stead.
Conformance. A user’s quality manual
and supporting documentation.
Deputy Administrator. The Deputy Administrator of the Livestock and Seed
Program, or any officer or employee of
the Livestock and Seed Program to
whom authority has heretofore been
delegated, or to whom authority may
hereafter be delegated, to act in the
Deputy Administrator’s stead.
Financially interested person. Any individual,
partnership,
corporation,
other legal entity, or Government
agency having a financial interest in
the involved product or service.
Livestock. Bovine, ovine, porcine,
caprine, bison or class of Osteichthyes.
Official mark. Official mark or other
official identification means any form
of mark or other identification, used
under the regulations to show the conformance of products with applicable
program requirements, or to maintain
the identity of products for which service is provided under the regulations.
Official memoranda or assessment reports. Official memorandum means any
assessment report of initial or final
record of findings made by an authorized person of services performed pursuant to the regulations.
Products. Includes all agricultural
commodities and services within the
scope of the Livestock and Seed Program This includes livestock, meat,
meat products, seed, feedstuffs, as well
as processes involving the production
of these products, agricultural product
data storage, product traceability and
identification.
QSVP Procedures. Audit rules and
guidelines set forth by the Agricultural

181

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00191

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014

§ 62.100

7 CFR Ch. I (1–1–11 Edition)

Marketing Service regarding the development, documentation, and implementation of QSVP.
Quality Manual. A collection of documents that describe the applicant’s
quality management system, as it applies to the requested service.
Quality Systems Verification Programs
(QSVP). A collection of voluntary,
audit-based, user-fee programs that
allow applicants to have program documentation and program processes assessed by AMS auditor(s) and other
USDA officials under this part.
Regulations. The regulations in this
part.
USDA. The U.S. Department of Agriculture.
ADMINISTRATION
§ 62.100 Administrator.
The LS Program Deputy Administrator is charged with the administration of official assessments conducted
according to the regulations in this
part and approved LS Program QSVP
procedures.

wwoods2 on DSK1DXX6B1PROD with CFR

SERVICE
§ 62.200 Services.
QSVP, under this regulation, provide
applicants, the ability to have USDA
assess documented processes or systems.
(a) Assessment services provided
under the regulations shall consist of:
(1) A review of the adequacy of an applicant’s quality manual against LS
Program QSVP procedures, internationally recognized guidelines, or
other requirements as approved by the
LS Program;
(2) An onsite assessment of the applicant’s program to ensure implementation of provisions within the quality
manual and the applicant’s conformance with applicable program requirements and LS Program QSVP procedures; and
(3) A reassessment of the applicant’s
program to ensure continued implementation of provisions within the
quality manual and the applicant’s
conformance with program requirements and applicable LS Program
QSVP procedures;
(b) Developmental assistance in the
form of training to explain LS Program

QSVP procedures is available upon request.
§ 62.201 Availability of service.
QSVP services under these regulations are available to international and
domestic government agencies, private
agricultural
businesses
and
any
finically interested person.
§ 62.202 How to apply for service.
Applicants may apply for QSVP services by submitting the following information to the ARC Branch headquarters office at USDA, AMS, LSP,
ARC Branch, 1400 Independence Avenue, SW., STOP 0294, Room 2627-S,
Washington, DC 20250–0294; by fax to:
(202)
690–1038,
or
e-mail
to:
[email protected].
(a) The original completed form LS–
313, Application for Service;
(b) A letter requesting QSVP services; and
(c) A complete copy of the applicant’s program documentation, as described in the LS Program QSVP procedures.
§ 62.203 How to withdraw service.
Service may be withdrawn by the applicant at any time; provided that, the
applicant notifies the ARC Branch in
writing of his/her desire to withdraw
the application for service and pays
any expenses the Department has incurred in connection with such application.
§ 62.204 Authority to request service.
Any person requesting service may
be required to prove his/her financial
interest in the product or service at
the discretion of the Deputy Administrator.
§ 62.205 Conflict of interest.
No USDA official shall review any
program documentation or determine
conformance of any documented process or system in which the USDA official has financial holdings.
§ 62.206 Access to program documents
and activities.
(a) The applicant shall make its products and program documentation available and easily accessible for assessment, with respect to the requested

182

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00192

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014

Agricultural Marketing Service, USDA

§ 62.210

service. Auditors and other USDA officials responsible for maintaining uniformity and accuracy of service under
the regulations shall have access to all
parts of facilities covered by approved
applications for service under the regulations, during normal business hours
or during periods of production, for the
purpose of evaluating products or processes. This includes products in facilities which have been or are to be examined for program conformance or which
bear any official marks of conformance. This further includes any facilities or operation that is part of an approved program.
(b) Documentation and records relating to an applicant’s program must be
retained for at least one calendar year
following the calendar year during
which the record was created.

wwoods2 on DSK1DXX6B1PROD with CFR

§ 62.207 Official assessment.
Official assessment of an applicant’s
program shall include:
(a) Documentation assessment. Auditors and other USDA officials shall review the applicant’s program documentation and issue finding of the review to the applicant.
(b) Program assessment. Auditors and
USDA officials shall conduct an onsite
assessment of the applicant’s program
to ensure provisions of the applicant’s
program documentation have been implemented and conform to LS Program
QSVP procedures.
(c) Program Determination. Applicant’s
determined to meet or not meet LS
Program QSVP procedures or the applicant’s program requirements shall be
notified of their program’s approval or
disapproval.
(d) Corrective and/or preventative actions. Applicants may be required to
implement corrective and/or preventative actions upon completion of assessment. After implementation of corrective and/or preventative actions, the
applicant may request another assessment.
§ 62.208 Publication of QSVP assessment status.
Approved programs shall be posted
for public reference on the ARC Branch
Web site: http://www.ams.usda.gov/lsg/
arc/audit.htm. Such postings shall include:

(a) Program name and contact information,
(b) Products or services covered
under the scope of approval,
(c) Effective dates of approval, and
(d) Control numbers of official assessments, as appropriate, and
(e) Any other information deemed
necessary by the Branch Chief.
§ 62.209 Reassessment.
Approved programs are subject to
periodic reassessments to ensure ongoing conformance with the LS Program
QSVP procedures covered under the
scope of approval. The frequency of reassessments shall be based on the LS
Program QSVP procedures, or as determined by the Deputy Administrator.
§ 62.210 Denial, suspension, or cancellation of service.
(a) QSVP services may be denied if an
applicant fails to meet its program requirements, or conform to LS Program
QSVP procedures, such as:
(1) Adequately address any program
requirement resulting in a major nonconformance or an accumulation of
minor non-conformances that result in
the assignment of a major non-conformance for the program.
(2) Demonstrate capability to meet
any program requirement resulting in
a major non-conformance.
(3) Present truthful and accurate information to any auditor or other
USDA official; or
(4) Allow access to facilities and
records within the scope of the program.
(b) QSVP services may be suspended
if the applicant fails to meet its program requirements, or conform to LS
Program QSVP procedures; such as
failure to:
(1) Adequately address any program
requirement resulting in a major nonconformance;
(2) Demonstrate capability to meet
any program requirement resulting in
a major non-conformance;
(3) Follow and maintain it’s approved
program or QSVP procedures;
(4) Provide corrective actions and
correction as applicable in the timeframe specified;
(5) Submit significant changes to and
seek approval from the Chief prior to

183

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00193

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014

§ 62.211

7 CFR Ch. I (1–1–11 Edition)

implementation of significant changes
to an approved program;
(6) Allow access to facilities and
records within the scope of the approved program;
(7) Accurately represent the eligibility of agricultural products or services distributed under an approved program;
(8) Remit payment for QSVP services;
(9) Abstain from any fraudulent or
deceptive practice in connection with
any application or request for service
under the rule; or
(10) Allow any auditor or other USDA
official to perform their duties under
the regulations of this part.
(c) QSVP services maybe be cancelled, an application may be rejected,
or program assessment may be terminated if the Deputy Administrator or
his designee determines that a nonconformance has remained uncorrected
beyond a reasonable amount of time.
§ 62.211 Appeals.
Appeals of adverse decisions under
this part, may be made in writing to
the Livestock and Seed Program Deputy Administrator at STOP 0249, Room
2092-South, 1400 Independence Avenue,
SW., Washington, DC 20250–0249. Appeals must be made within 30 days of
receipt of adverse decision.
(a) Procedure for Appeals. Actions
under this subparagraph concerning decision of appeals of the Deputy Administrator shall be conducted in accordance with the Rule of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary
Under Various Statutes set forth at 7
CFR § 1.130 through § 1.151 and the Supplemental Rules of Practice in 7 CFR
part 50.
(b) [Reserved]

§ 62.213 Official identification.
The following, as shown in figure 1,
constitutes official identification to
show product or services produced

Process

(a) Products or services produced
under an approved USDA, PVP may use
the ‘‘USDA Process Verified’’ statement
and the ‘‘USDA Process Verified’’
shield, so long as, both the statement
and shield are used in direct association with a clear description of the
process verified points that have been
approved by the Branch.
(b) Use of the ‘‘USDA Process
Verified’’ statement and the ‘‘USDA
Process Verified’’ shield shall be approved in writing by Chief prior to use
by an applicant.
CHARGES FOR SERVICE
§ 62.300 Fees and other costs for service.
Fees and other charges will be levied
based on the following provisions:
(a) Fees for service. Fees for QSVP
services shall be based on the time required to provide service calculated to
the nearest quarter hour period, including, but not limited to, official assessment time, travel time, and time
required to prepare assessment reports.
The hourly fee rate shall be $108 per
hour.
(b) Transportation costs. Applicants
are responsible for paying actual travel
costs incurred to provide QSVP services including but not limited to: Mileage charges for use of privately owned
vehicles, rental vehicles and gas, parking, tolls, and public transportation
costs such as airfare, train, and taxi
service.
(c) Per diem costs. The applicant is responsible for paying per diem costs incurred to provide QSVP services away
from the auditor’s or USDA officials’
official duty station(s). Per diem costs

184

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00194

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014

ER11OC05.174

wwoods2 on DSK1DXX6B1PROD with CFR

§ 62.212 Official assessment reports.
Official QSVP assessment reports
shall be generated by the auditor at
the conclusion of each assessment and
a copy shall be provided to the applicant.

under an approved USDA,
Verified Program (PVP):
Figure 1.

Agricultural Marketing Service, USDA

§ 63.1

shall be calculated in accordance with
existing travel regulations (41 CFR,
subtitle F—Federal Travel Regulation
System, chapter 301).
(d) Other costs. When costs, other
than those costs specified in paragraphs (a), (b), and (c) of this section,
are involved in providing the QSVP
services, the applicant shall be responsible for these costs. The amount of
these costs shall be determined administratively by the Chief. However, the
applicant will be notified of these costs
before the service is rendered.
§ 62.301 Payment of fees and other
charges.
Fees and other charges for QSVP
services shall be paid in accordance
with the following provisions. Upon receipt of billing for fees and other
charges, the applicant shall remit payment within 10 business days by check,
electronic funds transfer, draft, or
money order made payable to USDA,
AMS, in accordance with directions on
the billing. Fees and charges shall be
paid in advance if required by the auditor or other authorized USDA official.
MISCELLANEOUS

63.11 Under Secretary for Rural Development.
63.12 Under Secretary for Research, Education, and Economics.
63.13 United States.
BOARD OF DIRECTORS
63.100 Establishment and membership.
63.101 Nominations.
63.102 Nominee’s agreement to serve.
63.103 Appointment.
63.104 Vacancies.
63.105 Nominating organizations.
63.106 Term of office.
63.107 Compensation.
63.108 Removal.
63.109 Procedure.
63.110 Powers and duties of the Board.
63.111 Prohibited activities.
63.112 Conflict of interest.
NATIONAL SHEEP INDUSTRY IMPROVEMENT
CENTER
63.200

NSIIC establishment and purpose.

63.300
63.301

Establishment.
Use of fund.

REVOLVING FUND

REPORTS, BOOKS, AND RECORDS
63.400
63.401
63.402

Books and records.
Use of information.
Confidentiality.

OMB Control Number

MISCELLANEOUS

§ 62.400 OMB control number assigned
pursuant to the Paperwork Reduction Act.
The information collection and recordkeeping requirements of this part
have been approved by OMB under 44
U.S.C. Chapter 35 and have been assigned OMB Control Number 0581–0124.

PART 63—NATIONAL SHEEP
INDUSTRY IMPROVEMENT CENTER

63.500 Compliance.
63.501 Patents,
copyrights,
inventions,
trademarks, information, publications,
and product formulations.
63.502 Personal liability.
63.503 Separability.
63.504 Amendments.
63.505 OMB control number.

Subpart B [Reserved]
AUTHORITY: 7 U.S.C. 2008j.
SOURCE: 75 FR 43034, July 23, 2010, unless
otherwise noted.

Subpart A–General Provisions

Subpart A–General Provisions

wwoods2 on DSK1DXX6B1PROD with CFR

DEFINITIONS
Sec.
63.1
63.2
63.3
63.4
63.5
63.6
63.7
63.8
63.9
63.10

DEFINITIONS

Act.
Board.
Department or USDA.
Eligible entity.
Eligible organization.
Fiscal year.
Fund.
NSIIC.
Part.
Secretary.

§ 63.1

Act.

Act means section 375 of the Consolidated Farm and Rural Development
Act, 7 U.S.C. 2008j, as amended by section 11009 of the Food, Conservation,
and Energy Act of 2008 (Pub. L. 110–
246).

185

VerDate Mar<15>2010

10:57 Mar 11, 2011

Jkt 223014

PO 00000

Frm 00195

Fmt 8010

Sfmt 8010

Y:\SGML\223014.XXX

223014