7 CFR Part 54

Agricultural Marketing Service, USDA

Pt. 54
54.21 When request for appeal service may
be withdrawn.
54.22 Denial or withdrawal of appeal service.
54.23 Who shall perform appeal service.
54.24 Appeal certificates.
54.25 Superseded certificates.
54.26 Application of other regulations to appeal service.

the matter and, if he deems advisable,
will report it to the owner or his agent.
The supervisor shall take appropriate
action to correct errors found in the
determination or identification of
class, grade or other quality or compliance of livestock if the livestock is
still owned by the person who owned
them when, and are still located at the
establishment where, the incorrect
service was rendered and if such service
was rendered by a grader under the jurisdiction of such supervisor, and the
supervisor shall take adequate measures to prevent the recurrence of such
errors.

CHARGES FOR SERVICE
54.27
54.28

Fees and other charges for service.
Payment of fees and other charges.

54.29
54.30
54.31

Identification.
Errors in service.
Uniforms.

MISCELLANEOUS

Subpart B [Reserved]

Subpart B [Reserved]

Subpart C—Regulations Governing the
Certification of Sanitary Design and
Fabrication of Equipment Used in the
Slaughter, Processing, and Packaging
of Livestock and Poultry Products

PART
54—MEATS,
PREPARED
MEATS, AND MEAT PRODUCTS
(GRADING, CERTIFICATION, AND
STANDARDS)

54.1001 Meaning of words.
54.1002 Terms defined.
54.1003 Designation of official certificates,
memoranda, marks, and other identifications for purposes of the Agricultural
Marketing Act.
54.1004 Administration and implementation.
54.1005 Basis of service.
54.1006 Kind of service.
54.1007 Availability of service.
54.1008 How to obtain service.
54.1009 Order of furnishing service.
54.1010 When request for service deemed
made.
54.1011 Withdrawal of application or request
for service.
54.1012 Authority of agent.
54.1013 When an application may be rejected.
54.1014 Accessibility of equipment and utensils; access to establishments.
54.1015 Official reports, forms, and certificates.
54.1016 Advance
information
concerning
service rendered.
54.1017 Authority to use official identification.
54.1018 Form of official identification and
approval for use.
54.1019 Renewal of Acceptance Certification.
54.1020 Appeal service; marking equipment
or utensils on appeal; requirements for
appeal; certain determinations not appealable.
54.1021 Request for appeal service.
54.1022 When request for appeal service may
be withdrawn.
54.1023 Denial or withdrawal of appeal service.

Subpart A—Regulations
DEFINITIONS
Sec.
54.1 Meaning of words.
54.2 Designation of official certificates,
memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.
ADMINISTRATION
54.3

Authority.
SERVICE

54.4 Kind of service.
54.5 Availability of service.
54.6 How to obtain service.
54.7 Order of furnishing service.
54.8 When request for service deemed made.
54.9 Withdrawal of application or request
for service.
54.10 Authority of agent.
54.11 Denial or withdrawal of service.
54.12 Financial interest of official grader.
54.13 Accessibility and refrigeration of products; access to establishments.
54.14 Official certificates.
54.15 Advance information concerning service rendered.
54.16 Marking of products.
54.17 Official identifications.
54.18 Custody of identification devices.

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APPEAL SERVICE
54.19 What is appeal service; marking products on appeal; requirements for appeal;
certain determinations not appealable.
54.20 Request for appeal service.

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§ 54.1

7 CFR Ch. I (1–1–11 Edition)

54.1024 Who shall perform appeal service.
54.1025 Appeal reports.
54.1026 Superseded reports.
54.1027 Application of other regulations to
appeal service.
54.1028 Fees and other charges for service.
54.1029 Payment of fees and other charges.
54.1030 Identification.
54.1031 Errors in service.
54.1032 Denial or withdrawal of service.
54.1033 Confidential treatment.
54.1034 OMB control numbers assigned pursuant to the Paperwork Reduction Act.

Chief. The Chief of the 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 his
stead.
Class. A subdivision of a product
based on essential physical characteristics that differentiate between major
groups of the same kind of species.
Compliance. Conformity of a product
to the specifications under which the
product was purchased or sold, with
particular reference to the quality,
cleanliness, state of refrigeration,
method of processing, and trim of products.
Contract verification service. A program allowing institutions or other
large purchasers of commodity products to have those products compared
to contractual requirements.
Cooperative agreement. A cooperative
agreement between the Agricultural
Marketing Service and another Federal
agency or a State agency, or other
agency, organization or person as specified in the Agricultural Marketing Act
of 1946, as amended, for conducting the
service.
Department. The United States Department of Agriculture.
Director. The Director of the Division,
or any officer or employee of the Division to whom authority has heretofore
been delegated, or to whom authority
may hereafter be delegated, to act in
his stead.
Division. The Meat Quality Division
of the Agricultural Marketing Service.
Fabricating. Cutting into wholesale or
retail cuts, dicing or grinding.
Federal Meat Inspection. The meat inspection system conducted under the
Federal Meat Inspection Act as amended by the Wholesome Meat Act (21
U.S.C. 601 et seq.) and the regulations
thereunder (9 CFR chapter III, subchapter A).
Financially interested person. Any person having a financial interest in the
products involved, including but not
limited to the shipper, receiver, producer, seller, buyer, or carrier of the
products.
Grade. (1) As a noun, this term means
an important commercial subdivision
of a product based on certain definite
and preference determining factors,

AUTHORITY: 7 U.S.C. 1621–1627.
SOURCE: 42 FR 53921, Oct. 4, 1977, unless
otherwise noted. Redesignated at 46 FR 63203,
Dec. 31, 1981.

Subpart A—Regulations

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DEFINITIONS
§ 54.1 Meaning of words.
Words used in this subpart in the singular form shall be deemed to import
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, or
any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated
or to whom authority may hereafter be
delegated, to act in his stead.
Agricultural Marketing Service. The
Agricultural Marketing Service of the
Department.
Animals. Cattle, sheep, swine, or
goats.
Applicant. Any person who has applied for service under the regulations.
Branch. The Meat Grading Branch of
the Division.
Carcass. The commercially prepared
or dressed body of any animal intended
for human food.
Carcass Data Service. The service established and conducted under the regulations to provide producers and other
interested persons with data on carcass
characteristics.
Certification service. The service established and conducted under the regulations for the determination and certification or other identification of the
compliance of products with specifications.

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Agricultural Marketing Service, USDA

§ 54.1

such as, but not limited to, conformation, finish, and quality in meats.
(2) As a verb, this term means to determine the class, grade, or other quality of a product according to applicable
standards for such product.
Grading Service. The service established and conducted under the regulations for the determination and certification or other identification of the
class, grade, or other quality of products under standards.
Immediate container. The carton, can,
pot, tin, casing, wrapper, or other receptacle or covering constituting the
basic unit in which products are directly contained or wrapped when
packed in the customary manner for
delivery to the meat trade or to consumers.
Institutional Meat Purchase Specifications. Specifications describing various
meat cuts, meat products, and meat
food products derived from all livestock species, commonly abbreviated
‘‘IMPS’’, and intended for use by any
meat procuring activity. For labeling
purposes, only product certified by the
Meat Grading and Certification Branch
may contain the letters ‘‘IMPS’’ on the
product label.
Legal Holiday. Those days designated
as legal public holidays in title 5,
United States Code, section 6103(a).
Livestock. Bovine, ovine, porcine.
Meat. The edible part of the muscle of
an animal, which is skeletal, or which
is found in the tongue, in the diaphragm, in the heart, or in the esophagus, and which is intended for human
food, with or without the accompanying and overlying fat and the portions of bone, skin, sinew, nerve, and
blood vessels which normally accompany the muscle tissue and which are
not separated from it in the process of
dressing. This term does not include
the muscle found in the lips, snout, or
ears.
Meat by-products. All edible parts
(other than meat and prepared meats)
intended for human food, derived from
one or more animals, and including but
not limited to such organs and parts as
livers, kidneys, sweetbreads, brains,
lungs, spleens, stomachs, tripe, lips,
snouts, and ears.
Meat food products. Any articles intended for human food (other than

meat, prepared meats, and meat byproducts) which are derived or prepared
in whole or in substantial and definite
part, from any portion of any animal,
except
such
articles
as
organotherapeutic substances, meat
juice, meat extract, and the like, which
are only for medicinal purposes and are
advertised only to the medical profession.
Office of grading. The office of an official grader.
Official grader. An employee of the
Department or other person authorized
by the Department to determine and
certify or otherwise identify the class,
grade, other quality, or compliance of
products under the regulations.
Person. Any individual, partnership,
corporation, or other legal entity, or
Government agency.
Prepared meats. The products intended for human food which are obtained by subjecting meat to drying,
curing, smoking, cooking, grinding,
seasoning, or flavoring, or to any combination of such procedures, and to
which no considerable quantity of any
substance other than meat or meat byproducts has been added.
Processing. Drying, curing, smoking,
cooking, seasoning, or flavoring or any
combination of such processes, with or
without fabricating.
Products. Meats, prepared meats,
meat by-products, or meat food products.
Quality. A combination of the inherent properties of a product which determines its relative degree of excellence.
Quality grade. A designation based on
those characteristics of meat which
predict the palatability characteristics
of the lean.
Quality Systems Certification Program.
A multifaceted program allowing all
aspects of the livestock industry to
have quality systems, or processes
within quality systems, verified by
AMS agent(s) to effectuate use of such
quality systems to meet contractual
requirements, or as a marketing tool.
Service. Grading service or acceptance
service.
Shipping container. The receptacle or
covering in which one or more immediate containers of products are packed
for transportation.

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§ 54.2

7 CFR Ch. I (1–1–11 Edition)

Specifications. Descriptions with respect to the class, grade, other quality,
quantity or condition of products, approved by the Administrator, and
available for use by the industry regardless of the origin of the descriptions.
Standards. The standards of the Department contained in Official United
States Standards for Grades of: Carcass
Beef; Veal and Calf Carcasses; Lamb,
Yearling Mutton, and Mutton Carcasses; and, Pork Carcasses.
Supervisor of grading. An official grader or other person designated by the
Director or Chief to supervise and
maintain uniformity and accuracy of
service under the regulations.
The Act. The Agricultural Marketing
Act of 1946 (Title II of the act of Congress approved August 14, 1946, 60 Stat.
1087, as amended by Pub. L. 272, 84th
Cong., 69 Stat. 553, 7 U.S.C. 1621–1627).
The regulations. The regulations in
this subpart.
Yield grade. A designation which reflects the estimated yield of retail cuts
that may be obtained from a beef,
lamb, yearling mutton, or mutton carcass.

tify with respect to the inspection,
class, grade, quality, size, quantity, or
condition of products (including the
compliance of products with applicable
specifications).
(b) Official memorandum means any
initial record of findings made by an
authorized person in the process of
grading, determining compliance, inspecting, or sampling pursuant to the
regulations, any processing or plantoperation report made by an authorized person in connection with grading,
determining compliance, inspecting, or
sampling under the regulations, and
any report made by an authorized person of services performed pursuant to
the regulations.
(c) Official mark or other official identification means any form of mark or
other identification, including those
prescribed in § 54.17; used under the regulations in marking any products, or
the immediate or shipping containers
thereof, to show inspection class, grade
quality, size quantity, or condition of
the products (including the compliance
of products with applicable specifications), or to maintain the identity of
products for which service is provided
under the regulations.
(d) Official device means any roller,
stamp, brand or other device used
under the regulations to mark any
products or the immediate or shipping
containers, thereof, with any official
mark or other official identification.

[42 FR 53921, Oct. 4, 1977, as amended at 45 FR
51762, Aug. 5, 1980. Redesignated at 46 FR
63203, Dec. 31, 1981, as amended at 61 FR
11505, Mar. 21, 1996; 63 FR 72102, Dec. 31, 1998]

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§ 54.2 Designation of official certificates, memoranda, marks, other
identifications, and devices for purposes of the Agricultural Marketing
Act.

ADMINISTRATION

Subsection 203(h) of the Agricultural
Marketing Act of 1946, as amended by
Pub. L. 272, 84th Congress, provides
criminal penalties for various specified
offenses relating to official certificates, memoranda, marks or other
identifications, and devices for making
such marks or identifications, issued or
authorized under section 203 of said
act, and certain misrepresentations
concerning the inspection or grading of
agricultural products under said section. For the purposes of said subsection and the provisions in this part,
the terms listed below shall have the
respective meanings specified:
(a) Official certificate means any form
of certification, either written or printed, used under the regulations to cer-

§ 54.3

Authority.

The Chief is charged with the administration, under the general supervision and direction of the Director, of
the regulations and the Act insofar as
they relate to products.
SERVICE
§ 54.4

Kind of service.

(a) Grading service under the regulations shall consist of the determination
and certification and other identification, upon request by the applicant, of
the class, grade, or other quality of
products under applicable standards.
Class, grade, and other quality may be
determined under said standards for

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Agricultural Marketing Service, USDA

§ 54.6
in federally inspected establishments
or operated under State meat inspection in a State other than one designated in 9 CFR 331.2. Service under
these regulations will be furnished for
imported meat only if it is marked so
that the name of the country of origin
appears on most of the major retail
cuts. The mark of foreign origin shall
be imprinted by roller brand or handstamp and shall be applied so that the
imprint is at least 2 inches from the
backbone of lamb, 3 inches from the
backbone of veal and calf, and 4 inches
from the backbone of beef carcasses.
The mark of foreign origin shall be repeated parallel to the backbone of the
carcass so as to appear on each round,
rump, full loin, rib, and chuck of each
bovine and ovine carcass in letters at
least one-fourth of an inch high, with
no more than three-fourths of an inch
space between impressions. Imprints of
each such brand shall be submitted to
the Chief for the determination of compliance with these regulations prior to
use of the brand on meats offered for
Federal grading. It shall be the responsibility of the applicant to notify the
meat grade performing the service
whenever imported meat is offered for
grading.

meat of cattle, sheep, or swine in carcass form only, except upon approval
by the Director upon his determination
of good cause and provided that the
meat can be identified in conformance
with the standards.
(b) Certification service under the
regulations shall consist of the determination of the conformity of products
to specifications approved by the Director or Chief and the certification
and other identification of such livestock or products in accordance with
specifications, upon request by the applicant. Determination as to product
compliance with specifications for ingredient content or method of preparation may be based upon information received from the inspection system having jurisdiction over the products involved.
(c) The Carcass Data Service, under
the regulations, shall consist of the
evaluation of carcass characteristics,
in accordance with applicable official
United States Standards of carcasses of
animals identified with the official
eartag as shown in § 54.17, the recording
of such data, and transmittal of the
data to, or as directed by, the applicant
for the service.
(d) The Contract Verification Service, under the regulations, provides
wholesale buyers of noncertified commodity products a method of determining whether procurement(s) met
contractually specified requirements.

§ 54.6 How to obtain service.
(a) Application. Any person may apply
to the Director or Chief for service
under the regulations with respect to
products in which the applicant is financially interested. The application
shall be made on a form approved by
the Director. In any case in which the
service is intended to be furnished at
an establishment not operated by the
applicant, the application shall be approved by the operator of such establishment and such approval shall constitute an authorization for any employees of the Department to enter the
establishment for the purpose of performing their functions under the regulations. The application shall state:
(1) The name and address of the establishment at which service is desired;
(2) the name and post office address of
the applicant; (3) the financial interest
of the applicant in the products, except
where application is made by an official of a Government agency in his official capacity; and (4) the signature of

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[63 FR 72102, Dec. 31, 1998, as amended at 70
FR 58971, Oct. 11, 2005]

§ 54.5 Availability of service.
Service under these regulations may
be made available with respect to products shipped or received in interstate
commerce, and with respect to the
products not so shipped or received if
the Director or Chief determines that
the furnishing of service for such products would facilitate the marketing,
distribution, processing, or utilization
of agricultural products through commercial channels. Also, such service
may be made available under a cooperative agreement. Service under these
regulations shall be provided without
discrimination as to race, color, sex,
creed, or national origin. Service will
be furnished for products only if they
were derived from animals slaughtered

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§ 54.7

7 CFR Ch. I (1–1–11 Edition)

the applicant (or the signature and
title of his representative). The application shall indicate the legal status of
the applicant as an individual, partnership, corporation, or other form of
legal entity. Any change in such status, at any time while service is being
received, shall be promptly reported to
the Director or Chief by the person receiving the service.
(b) Notice of eligibility for service. The
applicant for service at any establishment will be notified whether his application is approved.
(c) Request by applicant for service—(1)
Noncommitment. Upon notification of
the approval on an application for service, the applicant may, from time to
time as desired, make oral or written
requests for service under the regulations with respect to specific products
for which the service is to be furnished
under such application. Such requests
shall be made at an office for grading
either directly or through any employee of the Agricultural Marketing
Service who may be designated for
such purposes.
(2) Commitment. If desired, the applicant may request to enter into an
agreement with the Agricultural Marketing Service for the furnishing of
service on a weekly commitment basis,
whereby the applicant agrees to pay for
8 hours of service per day, 5 days per
week, Monday through Friday, excluding Federal legal holidays occurring
Monday through Friday on which no
grading and certification services are
performed, as provided in § 54.27(b), and
the Agricultural Marketing Service
agrees to make an official grader available to perform such service for the applicant. However, the Agricultural
Marketing Service reserves the right to
use any grader assigned to a plant
under such a commitment to perform
service for other applicants when, in
the opinion of the Chief, the grader is
not needed to perform service for the
commitment applicant. An applicant
who terminates a commitment, and
within 1 year after cancellation is
granted a new commitment at his request, shall pay for the moving costs
actually incurred by the Agricultural
Marketing Service to cover the transfer of the grader who will service the
applicant’s new commitment. If more

than one applicant is involved in the
reapplication for a canceled meat grading and certification commitment requiring the transfer of the grader, the
moving costs will be prorated among
the applicants according to each applicant’s committed portion of the grader’s services. However, the moving
costs will be charged only to those applicants who were parties to the previously canceled commitment. An applicant may, for periods of 3 months or
less, enter into an agreement by memorandum with the Agricultural Marketing Service for the furnishing of
service on a weekly basis. In the latter
case, transfer of graders would not be
involved and charges will be made in
accordance with § 54.27.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46
FR 63203, Dec. 31, 1981, as amended at 47 FR
44704, Oct. 12, 1982]

§ 54.7

Order of furnishing service.

Service under the regulations shall
be furnished to applicants in the order
in which requests therefor are received,
insofar as consistent with good management, efficiency and economy.
Precedence will be given, when necessary, to requests made by any government agency or any regular user of
the service, and to requests for appeal
service under § 54.20.
§ 54.8 When
request
deemed made.

for

A request for service under the regulations shall be deemed to be made
when received by an office of grading.
Records showing the date and time of
the request shall be made and kept in
such office. However, in the case of the
Carcass Data Service, the purchase of
official USDA eartags shall constitute
a request for such service and the requisition form used to purchase the
eartags shall be kept in the designated
office of record.
§ 54.9 Withdrawal of application or request for service.
An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application is approved or
prior to performance of service, upon
payment, in accordance with §§ 54.27

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Agricultural Marketing Service, USDA

§ 54.11
uct bearing any such falsely made,
issued, altered, forged, or counterfeited
mark or identification, or of any carcass or wholesale or retail cut bearing
any designation specified in paragraph
(a)(1)(vii) of this section which has not
been federally graded or derived from a
carcass graded as being of the indicated
grade;
(vii) Has applied the designation
‘‘Prime,’’ ‘‘Choice,’’ ‘‘Select,’’ ‘‘Good,’’
‘‘Standard,’’ ‘‘Commercial,’’ ‘‘Utility,’’
‘‘Cutter,’’ ‘‘Canner,’’ ‘‘Cull,’’ ‘‘Medium,’’
‘‘No. 1,’’ ‘‘No. 2,’’ ‘‘No. 3,’’ ‘‘No. 4,’’ ‘‘Yield
Grade 1,’’ ‘‘Yield Grade 2,’’ ‘‘Yield Grade
3,’’ ‘‘Yield Grade 4,’’ or ‘‘Yield Grade 5’’
by stamp, or brand directly on any carcass, wholesale cut, or retail cut of any
carcass, as part of a grade designation;
(viii) Has applied to immediate containers or shipping containers of carcasses, wholesale cuts, or retail cuts,
grade designations specified in paragraph (a)(1)(vii) of this section, when
such carcasses, wholesale cuts, or retail cuts contained therein have not
been federally graded;
(ix) Has knowingly used, moved, or
otherwise altered, in any manner, meat
or meat products identified by an official product control device, mark, or
other identification as specified in
§ 54.17, or has removed such official device, mark, or identification from the
meat or meat products so identified
without the express permission of an
authorized representative of the USDA;
or
(x) Has in any manner not specified
in this paragraph violated subsection
203(h) of the AMA: Provided, That paragraph (a)(1)(vi) of this section shall not
be deemed to be violated if the person
in possession of any item mentioned
therein notifies the Director or Chief
without such delay that he has possession of such item and, in the case of an
official device, surrenders it to the
Chief, and, in the case of any other
item, surrenders it to the Director or
Chief or destroys it or brings it into
compliance with the regulations by obliterating or removing the violative
features under supervision of the Director or Chief: And provided further, That
paragraphs (a)(1) (ii) through (ix) of
this section shall not be deemed to be
violated by any act committed by any

and 54.28, of any expenses already incurred by the Agricultural Marketing
Service in connection therewith.

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§ 54.10 Authority of agent.
Proof of the authority of any person
making an application or a request for
service under the regulations on behalf
of any other person may be required at
the discretion of the Director or Chief
or the official in charge of the office of
grading or other employee receiving
the application or request under § 54.6.
§ 54.11 Denial or withdrawal of service.
(a) For misconduct—(1) Bases for denial
or withdrawal. An application or a request for service may be rejected, or
the benefits of the service may be otherwise denied to, or withdrawn from,
any person who, or whose employee or
agent in the scope of his employment
or agency:
(i) Has wilfully made any misrepresentation or has committed any other
fraudulent or deceptive practice in connection with any application or request
for service under the regulations;
(ii) Has given or attempted to give,
as a loan or for any other purpose, any
money, favor, or other thing of value,
to any employee of the Department authorized to perform any function under
the regulations;
(iii) Has interfered with or obstructed, or attempted to interfere
with or to obstruct, any employee of
the Department in the performance of
his duties under the regulations by intimidation, threats, assaults, abuse, or
any other improper means;
(iv) Has knowingly falsely made,
issued, altered, forged, or counterfeited
any official certificate, memorandum,
mark, or other identification, or device
for making any such mark or identification;
(v) Has knowingly uttered, published,
or used as true any such falsely made,
issued, altered, forged, or counterfeited
certificate, memorandum, mark, identification, or device;
(vi) Has knowingly obtained or retained possession of any such falsely
made, issued, altered, forged, or counterfeited certificate, memorandum,
mark, identification, or device, or of
any such official device, or of any prod-

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§ 54.12

7 CFR Ch. I (1–1–11 Edition)

person prior to the making of an application of service under the regulations
by the principal person. An application
or a request for service may be rejected
or the benefits of the service may be
otherwise denied to, or withdrawn
from, any person who operates an establishment for which he has made application for service if, with the knowledge of such operator, any other person
conducting any operations in such establishment has committed any of the
offenses specified in paragraphs (a)(1)
(i) through (x) of this section after such
application was made. Moreover, an application or a request for service made
in the name of a person otherwise eligible for service under the regulations
may be rejected, or the benefits of the
service may be otherwise denied to, or
withdrawn from, such a person (A) in
case the service is or would be performed at an establishment operated
(1) by a corporation, partnership, or
other person from whom the benefits of
the service are currently being withheld under this paragraph, or (2) by a
corporation, partnership, or other person having an officer, director, partner,
or substantial investor from whom the
benefits of the service are currently
being withheld and who has any authority with respect to the establishment where service is or would be performed; or (B) in case the service is or
would be performed with respect to any
product in which any corporation,
partnership, or other person within
paragraph (a)(1)(x)(A)(1) of this section
has a contract or other financial interest.
(2) Procedure. All cases arising under
this paragraph shall be conducted in
accordance with the Rules of Practice
Governing Formal Adjudicatory Proceedings Instituted by the Secretary
Under Various Statutes set forth in
§§ 1.130 through 1.151 of this title and
the Supplemental Rules of Practice in
part 50 of this chapter.
(b) For miscellaneous reasons. An application or a request for service may
be rejected, or the benefits of the service may be otherwise denied to, or
withdrawn from, any person, without a
hearing by the official in charge of the
appropriate office of grading, with the
concurrence of the Director or Chief (1)
for administrative reasons such as the

nonavailability of personnel to perform
the service; (2) for the failure to pay for
service; (3) in case the application or
request relates to products which are
not eligible for service under § 54.5 or
which are unclean or are in an unclean
establishment; (4) for other noncompliance with the conditions on which
service is available as provided in the
regulations, except matters covered by
paragraph (a) of this section; or (5) in
case the person is a partnership, corporation, or other person from whom
the benefits of the service are currently being withheld under paragraph
(a) of this section. Notice of such denial or withdrawal, and the reasons
therefor, shall promptly be given to the
person involved.
(c) Filing of records. The final orders
in formal proceedings under paragraph
(a) of this section to deny or withdraw
the service under the regulations (except orders required for good cause to
be held confidential and not cited as
precedents) and other records in such
proceedings (except those required for
good cause to be held confidential)
shall be filed with the Hearing Clerk
and shall be available for inspection by
persons having a proper interest therein.
[42 FR 53921, Oct. 4, 1977. Redesignated at 46
FR 63203, Dec. 31, 1981, as amended at 50 FR
14366, Apr. 12, 1985; 52 FR 35683, Sept. 23, 1987;
60 FR 8464, Feb. 14, 1995]

§ 54.12 Financial interest of official
grader.
No official grader shall grade or determine compliance of any products in
which he or any of his relatives by
blood or marriage is directly or indirectly financially interested.
§ 54.13 Accessibility and refrigeration
of products; access to establishments.
(a) The applicant shall cause products, with respect to which service is
requested, to be made easily accessible
for examination and to be so placed,
with adequate illuminating facilities,
as to disclose their class, grade, other
quality, and compliance. Supervisors of
grading and other employees of the Department responsible for maintaining
uniformity and accuracy of service
under the regulations shall have access

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Agricultural Marketing Service, USDA

§ 54.14

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to all parts of establishments covered
by approved applications for service
under the regulations, for the purpose
of examining all products in the establishments which have been or are to be
graded or examined for compliance
with specifications or which bear any
marks of grade or compliance.
(b) Grading service will only be furnished for meat that a USDA grader
determines is chilled so that grade factors are developed to the extent that a
proper grade determination can be
made in accordance with the official
standards. To be eligible for grading,
beef carcasses must be ribbed at least
10 minutes prior to being offered for
grading. Meat that is presented in a
frozen condition shall not be eligible
for a grade determination. Meat of all
eligible species shall be graded only in
the establishment where the animal
was slaughtered or initially chilled (except for veal and calf carcasses, which
shall be graded only after the hide is
removed and only in the establishment
where such removal occurs). The Director may grant prior approval for grading at a location other than the establishment of slaughter or initial chill
upon notification to the Division if the

Branch was unable to provide grading
service in a timely manner and that
the meat can be identified in conformance with the standards.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR
51762, Aug. 5, 1980. Redesignated at 46 FR
63203, Dec. 31, 1981, as amended at 63 FR
72102, Dec. 31, 1998]

§ 54.14

Official certificates.

(a) Agricultural Products Certificate
Form LS–5–3 (Figure 1) is the official
certificate for products under the regulations. The official grader shall prepare, sign, and issue an Agricultural
Products Certificate Form LS–5–3 covering products for which that grader
determined final specification compliance. Where weight or count is verified,
the grader shall initial in the block titled
‘‘Weights
and
Total
Count
Verified.’’
(b) Applicant Charges Certificate
Form LS–5–5 (Figure 2) will be used to
reduce paperwork for applicants assigned multiple graders. Assigned graders will complete one Form LS–5–5.
Each grader will enter their code letters and signature in the appropriate
location(s) to indicate certificate completion.

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7 CFR Ch. I (1–1–11 Edition)

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§ 54.14

§ 54.14

(c) Distribution. The original certificate, and not to exceed two copies,
shall be delivered or mailed to the applicant or other person designated by

him. The remaining copies shall be forwarded as required by agency, division,
and branch instructions. Additional
copies will be furnished to any person

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Agricultural Marketing Service, USDA

§ 54.15

7 CFR Ch. I (1–1–11 Edition)

financially interested in the products
involved with the concurrence of the
applicant and upon payment of fees, as
provided in § 54.27.

(b) A shield enclosing the letters
‘‘USDA’’ as shown in Figure 1 with the
appropriate quality grade designation
‘‘Prime,’’ ‘‘Choice,’’ ‘‘Select,’’ ‘‘Good,’’
‘‘Standard,’’ ‘‘Commercial,’’ ‘‘Utility,’’
‘‘Cutter,’’ ‘‘Canner,’’ or ‘‘Cull,’’ as provided in the official United States
Standards for Grades of Beef, Veal and
Calf, Lamb, Yearling Mutton, and Mutton Carcasses and accompanied by the
class designation ‘‘Bullock,’’ ‘‘Veal,’’
‘‘Calf,’’ ‘‘Lamb,’’ ‘‘Yearling Mutton,’’ or
‘‘Mutton,’’ constitutes a form of official
identification under the regulations to
show the quality grade, and where necessary the class, undersaid standards,
of steer, heifer, and cow beef, veal, calf,
lamb, yearling mutton and mutton.
The code identification letters of the
grader performing the service will appear intermittently outside the shield.

[42 FR 53921, Oct. 4, 1977. Redesignated at 46
FR 63203, Dec. 31, 1981, as amended at 51 FR
590, Jan. 7, 1986; 61 FR 11506, Mar. 21, 1996]

con-

Upon request of any applicant, all or
any part of the contents of any certificate issued to him under the regulations, or other notification concerning
the determination of class, grade, other
quality, or compliance of products for
such applicant may be transmitted by
telegraph or telephone to him, or to
any person designated by him, at his
expense.
Marking of products.

All products for which class and
grade under the standards are determined under the regulations, or the immediate and shipping containers thereof, shall be stamped, branded, or otherwise marked with an appropriate official identification: Provided, That except as otherwise directed by the Chief,
such marking will not be required
when an applicant only desires official
certificates. The marking of products,
or their containers, as required by this
section shall be done by official graders
or under their immediate supervision.

(c) A shield enclosing the letters
‘‘USDA’’ and the words ‘‘Yield Grade,’’ as
in Figure 1, with the appropriate yield
grade designation ‘‘1,’’ ‘‘2,’’ ‘‘3’’, ‘‘4,’’ or ‘‘5’’
as provided in the Official United
States Standards for Grades of Fresh
Beef Carcasses and the Official United
States Standards for Grades of Lamb,
Yearling Mutton, and Mutton Carcasses constitutes a form of official
identification under the regulations to
show the yield grade under said standards. When yield graded, bull and bullock carcasses will be identified with
the class designation ‘‘Bull’’ and ‘‘Bullock,’’ respectively. The code identification letters of the grader performing the service will appear outside
the shield.

[42 FR 53921, Oct. 4, 1977. Redesignated at 46
FR 63203, Dec. 31, 1981, as amended at 63 FR
72102, Dec. 31, 1998]

§ 54.17

Official identifications.

wwoods2 on DSK1DXX6B1PROD with CFR

(a) A shield enclosing the letters
‘‘USDA’’ and code identification letters
of the grader performing the service, as
shown below, constitutes a form of official identification under the regulations for preliminary grade of carcasses.

EC25SE91.003

§ 54.16

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§ 54.15 Advance
information
cerning service rendered.

Agricultural Marketing Service, USDA

§ 54.17

ER21MR96.008

(e) Under the regulations, for yield
grade identification purposes only, a
shield enclosing the letters ‘‘US’’ on one
side and ‘‘DA’’ on the other, with the
appropriate Yield Grade designation
number ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ or ‘‘5’’ as shown
in Figure 1. The code identification letters for the grader performing the service will appear outside underneath the
shield.

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(d) Under the regulations, for carcass
grade identification purposes only, a
shield enclosing the letters ‘‘USDA’’
with the appropriate yield grade designation number of ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ or
‘‘5’’ between the ‘‘US’’ and ‘‘DA’’, with the
appropriate quality grade designation
of ‘‘Prime’’, ‘‘Choice,’’ or ‘‘Select,’’ below
both as shown in Figure 1. The code
identification letters for the grader
performing the service will appear outside underneath the shield.

§ 54.17

7 CFR Ch. I (1–1–11 Edition)

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ER21MR96.010

(g) The letters ‘‘USDA’’ with the appropriate grade designation ‘‘1,’’ ‘‘2,’’ ‘‘3,’’
‘‘4,’’ ‘‘Utility,’’ or ‘‘Cull’’ enclosed in a
shield as shown in Figure 1, as provided
in the Official United States Standards
for Grades of Pork Carcasses, constitutes a form of official identification
under the regulations to show the
grade under said standards of barrow,
gilt, and sow pork carcasses.

(f) Under the regulations, for quality
grade identification only, a shield enclosing the letters ‘‘US’’ on one side and
‘‘DA’’ on the other with the appropriate
Quality Grade designation of ‘‘Prime,’’
‘‘Choice,’’ or ‘‘Select’’ as shown in Figure
1. The code identification letters for
the grader performing the service will
appear outside underneath the shield.

Agricultural Marketing Service, USDA

§ 54.17

NOTE: The letters ‘‘RWX’’, and ‘‘UF’’ shown
in figures 1, and 2 are examples, respectively,
of the code identification letters of the official grader performing the service.

(i) The following, as shown in Figure
1, constitutes official identification to
show quality system certification:

EC25SE91.006
EC25SE91.005
EC25SE91.004

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(j) A shield-shaped ear tag enclosing
the letters ‘‘USDA’’, the words ‘‘Carcass
Data Service,’’ as shown below (Figure
1), and a serial number constitutes a
form of official identification under the
regulations for livestock and carcasses.
Other information may appear on the
backside of the ear tag at the option of
the purchasers.

EC25SE91.007

(h) The following constitute forms of
official identification under the regulations to show compliance of products:

§ 54.17

7 CFR Ch. I (1–1–11 Edition)

meat products which are not in compliance with the regulations or are held
pending the results of an examination.
Any such meat or meat product so
identified shall not be used, moved, or

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(2) Official graders and supervisors of
grading may use ‘‘Product Control’’ tags
or other methods and devices as approved by the Administrator for the
identification and control of meat and

EC25SE91.008

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(k)(1) One device used by USDA graders is a rectangular, serially numbered,
orange tag on which a shield encloses
the letters ‘‘USDA’’ and the words
‘‘Product Control’’ as shown in Figure 1,
constitutes a form of official identification under the regulations for meat
and meat products.

Agricultural Marketing Service, USDA

§ 54.20
class, grade, other quality and compliance will be removed from the product,
and if the person having title to the
product so requests, correct marks as
determined on the appeal will be applied to the product. Examination requested to determine the class, grade,
other quality, or compliance of a product which has been altered or has undergone a material change since the
original service, or examination of
product requested for the purpose of
obtaining an up-to-date certificate and
not involving any question as to the
correctness of the original service for
the product involved shall be considered equivalent to original service and
not appeal service.
(b) Grade determinations cannot be
appealed for any lot or product consisting of less than 10 similar units.
Moreover, appeal service will not be
furnished with respect to product that
has been altered or has undergone any
material change since the original
service.

altered in any manner; nor shall official control identification be removed,
without the express permission of an
authorized representative of the USDA.
[42 FR 53921, Oct. 4, 1977, as amended at 45 FR
51762, Aug. 5, 1980. Redesignated at 46 FR
63203, Dec. 31, 1981, as amended at 50 FR
14367, Apr. 12, 1985; 52 FR 35683, Sept. 23, 1987;
61 FR 11509, Mar. 21, 1996]

§ 54.18 Custody of identification devices.
(a) All identification devices used in
marking products or the containers
thereof under the regulations, including those indicating compliance with
specifications approved by the Chief,
shall be kept in the custody of the
Branch, and accurate records shall be
kept by the Branch of all such devices.
Each office of grading shall keep a
record of the devices assigned to it.
Such devices shall be distributed only
to persons authorized by the Department, who shall keep the devices in
their possession or control at all times
and maintain complete records of such
devices.
(b) Upon request, applicants shall
provide a metal cabinet(s) or locker(s)
for the secure storage of official meat
grading equipment and identification
devices for each Federal meat grader
assigned to their establishment. Such
cabinet(s) or locker(s) shall be capable
of being locked with a special Government-owned lock and shall be placed in
an easily accessible and reasonably secure location within the applicant’s establishment.

[42 FR 53921, Oct. 4, 1977, as amended at 45 FR
51762, Aug. 5, 1980. Redesignated at 46 FR
63203, Dec. 31, 1981]

§ 54.20 Request for appeal service.
Except as otherwise provided in
§ 54.19, a request for appeal service with
respect to any product under the regulations may be made by any person
who is financially interested in the
product when he disagrees with the determination as to class, grade, other
quality, or compliance of the product
as shown by the markings on the product or its containers, or as stated in
the applicable certificate. A request for
appeal service shall be filed with the
Chief, directly or through the official
grader who performed the original
service or the official in charge of the
office of grading to which such grader
was assigned at the time of the service,
or through the nearest office of grading. The request shall state the reasons
therefor and may be accompanied by a
copy of any previous certificate or report, or any other information which
the applicant may have received regarding the product at the time of the
original service. Such request may be
made orally (including by telephone) or
in writing (including by telegram). If
made orally, the person receiving the

wwoods2 on DSK1DXX6B1PROD with CFR

APPEAL SERVICE
§ 54.19 What is appeal service; marking products on appeal; requirements for appeal; certain determinations not appealable.
(a) Appeal service is a redetermination of the class, grade, other quality,
or compliance of product when the applicant for the appeal service formally
challenges the correctness of the original determination. Only a person who
has title to, or is a party to a contract
for the sale of, a product may request
appeal service with respect to such
product and if the original determination of class, grade, other quality or
compliance is found on appeal to have
been in error all incorrect marks of

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§ 54.21

7 CFR Ch. I (1–1–11 Edition)

request may require that it be confirmed in writing. Requests for appeal
service received through an official
grader or an office of grading shall be
transmitted promptly to the Chief for
instructions.

§ 54.25 Superseded certificates.
The appeal certificate shall supersede
the original certificate which, thereupon, shall become null and void and
shall not thereafter be deemed to show
the class, grade, other quality, or compliance of the products described therein. However, the fees charged for the
original service shall not be remitted.
If the original and all copies of the superseded certificate are not delivered
to the official with whom the request
for appeal service is filed, the official
graders issuing the appeal certificate
shall forward notice of such issuance
and of the cancellation of the original
certificate to such persons as they may
deem necessary to prevent fraudulent
use of the superseded certificate.

§ 54.21 When request for appeal service may be withdrawn.
A request for appeal service may be
withdrawn by the applicant at any
time before the appeal service has been
performed, upon payment of any expenses already incurred under the regulations by the Branch in connection
therewith.
§ 54.22 Denial or withdrawal of appeal
service.
A request for appeal service may be
rejected or such service may be otherwise denied to or withdrawn from any
person, without a hearing, in accordance with the procedure set forth in
§ 54.11(b), if it shall appear that the person or product involved is not eligible
for appeal service under § 54.19, or that
the identity of the product has been
lost; or for any of the causes set forth
in § 54.11(b). Appeal service may also be
denied to, or withdrawn from, any person in any case under § 54.11(a), in accordance with the procedure set forth
in said section.

§ 54.26 Application of other regulations to appeal service.
The regulations in §§ 54.1 through
54.18 and §§ 54.27 through 54.30 shall
apply to appeal service except insofar
as they are manifestly inapplicable.
CHARGES FOR SERVICE
§ 54.27 Fees and other charges for
service.
Fees and other charges equal as nearly as may be to the cost of the services
rendered shall be assessed and collected from applicants in accordance
with the following provisions unless
otherwise provided in the cooperative
agreement under which the services are
furnished, or as provided in § 54.6.
(a) Fees for Service on Noncommitment
Basis (Hourly Rates). Except as otherwise provided in this section, fees for
service shall be based on the time required to render the service, calculated
to the nearest 15-minute period, including official grader’s travel and certificate(s) preparation time in connection
with the performance of service. A
minimum charge of one-half hour shall
be made for service pursuant to each
request notwithstanding that the time
required to perform service may be less
than 30 minutes. The base hourly rate
for noncommitment applicants shall be
$71 per hour for 8 hours or less of work
performed between the hours of 6 a.m.
and 6 p.m., Monday through Friday, except on legal holidays; $78 per hour for
work performed in excess of 8 hours per

§ 54.23 Who shall perform appeal service.
Appeal service for products shall be
performed by official graders designated by the Chief or by the official
in charge of an office of grading when
so authorized by the Chief, and shall be
conducted jointly by two official graders, or more when practicable. No official grader shall perform appeal service
for any product for which he previously
performed the service.

wwoods2 on DSK1DXX6B1PROD with CFR

§ 54.24

Appeal certificates.

Immediately after appeal service has
been performed for any products, a certificate designated as an ‘‘appeal certificate’’ shall be prepared, signed, and
issued referring specifically to the
original certificate and stating the
class, grade, other quality, or compliance of the products as shown by the
appeal service.

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Agricultural Marketing Service, USDA

§ 54.27

day for each assigned official grader
and for work performed before 6 a.m.
and after 6 p.m., Monday through Friday, and any time Saturday or Sunday,
except on Federal legal holidays; and
$122 per hour for all work performed on
Federal legal holidays.
(b) Fees for Service on Commitment
Basis. Minimum fees for service performed under a commitment agreement or an agreement by memorandum
shall be on the basis of 8 hours per day,
Monday through Friday, excluding
Federal legal holidays occurring Monday through Friday on which no grading and certification services are performed. The base hourly rate for service performed under such agreements
shall be $61 per hour for 8 consecutive
hours or less of work performed between the hours of 6 a.m. and 6 p.m.,
Monday through Friday, except on
Federal legal holidays; $78 per hour for
work performed in excess of 8 hours per
day for each assigned official grader
and for work performed before 6 a.m.
and after 6 p.m., Monday through Friday, and any time Saturday or Sunday,
except on Federal legal holidays; and
$122 per hour for all work performed on
Federal legal holidays. The Agency reserves the right under such a commitment agreement or agreement by
memorandum to use any grader assigned to the plant on a commitment
basis to perform service for other applicants, as provided in § 54.6(c), crediting the commitment applicant with
the number of hours charged to the
other applicant, provided the allowable
credit hours plus hours actually
worked for the applicants do not exceed 8 hours on any day, Monday
through Friday, excluding legal holidays.
(c) Travel charges. When service is requested at a place so distant from an
official grader’s headquarters, or place
of prior assignment on a circuitous
routing that a total of one-half hour or
more is required for the grader to travel to such place and back to the headquarters, or to the next place of assignment on a circuitous routing, the
charge for such service shall include a
mileage charge administratively determined by the Chief, and travel tolls, if
applicable, for such travel prorated
against all the applicants furnished the

service involved on an equitable basis,
or where the travel is made by public
transportation (including hired vehicles), a fee equal to the actual cost
thereof. However, the applicant will
not be charged a new mileage rate
without notification before the service
is rendered.
(d) Per diem charges. When service is
requested at a place away from the official grader’s headquarters, the fee for
such service shall include a per diem
charge if the employee performing the
service is paid per diem in accordance
with existing travel regulations. Per
diem charges to applicants will cover
the same period of time for which the
grader receives per diem reimbursement. The per diem rate will be administratively determined by the Chief.
However, the applicant will not be
charged a new per diem rate without
notification before the service is rendered.
(e) Fees for appeal service. Fees for appeal service shall be determined on the
basis of the time, of two official graders, required to render the service, calculated to the nearest fifteen-minute
period, including the time required for
the preparation of certificates and
travel of such graders in connection
with the performance of the service, at
the applicable hourly rate prescribed in
paragraph (a) of this section, plus any
travel charges and per diem for such
graders ordinarily chargeable under
paragraphs (c) and (d) of this section:
Provided, That when on appeal it is
found that there was error in the original determination equal to or exceeding ten percent of the total number of
similar units of the products involved,
no charge will be made for the appeal
service unless a special agreement
therefor was made with the applicant
in advance.
(f) Fees for extra copies of certificates.
In addition to copies of certificates furnished under § 54.14, any financially interested person may obtain not to exceed three copies of any such certificate within one year from its date of
issuance upon payment of a fee of $1.00,
and not to exceed three copies of any
such certificate at any time thereafter,
while a copy of such certificate is on
file in the Department, upon payment
of a fee of $5.00.

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§ 54.28

7 CFR Ch. I (1–1–11 Edition)

(g) Other charges. When costs, other
than costs specified in paragraphs (a),
(b), (c), (d), (e), and (f) of this section,
are involved in providing the services,
the applicant will be charged for these
costs. The amount of these charges will
be determined administratively by the
Chief. However, the applicant will not
be charged for such cost without notification before the service is rendered of
the charge for such item of expense.

visor of grading will investigate the
matter and, if he deems advisable, will
report it to the owner or his agent. The
supervisor of grading shall take appropriate action to correct errors found in
the determination or identification of
class, grade or other quality or compliance of products if the products are
still owned by the person who owned
them when, and are still located at the
establishment where, the incorrect
service was rendered and if such service
was rendered by a grader under the jurisdiction of such supervisor, and the
supervisor of grading shall take adequate measures to prevent the recurrence of such errors.

[42 FR 53921, Oct. 4, 1977. Redesignated at 46
FR 63203, Dec. 31, 1981]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 54.27, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 54.31

§ 54.28 Payment of fees and other
charges.
Fees and other charges for service
shall be paid in accordance with the
following provisions unless otherwise
provided in the cooperative agreement
under which the service is furnished.
Upon receipt of billing for fees and
other charges for service the applicant
shall remit by check, draft, or money
order, made payable to the Agricultural Marketing Service, USDA, payment for the service in accordance with
directions on the billing, and such fees
and charges shall be paid in advance if
required by the official grader or other
authorized official.

[45 FR 19214, Mar. 25, 1980. Redesignated at 46
FR 63203, Dec. 31, 1981]

Subpart B [Reserved]
Subpart
C—Regulations
Governing the Certification of
Sanitary Design and Fabrication of Equipment Used in the
Slaughter, Processing, and
Packaging of Livestock and
Poultry Products

MISCELLANEOUS
§ 54.29 Identification.
All official graders and supervisors of
grading shall have their Agricultural
Marketing Service identification cards
in their possession at all times while
they are performing any function
under the regulations and shall identify themselves by such cards upon request.

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Uniforms.

All meat graders and their supervisory personnel are required to wear
clean, white, well-maintained outer
frocks while performing any function
under these regulations involving contact with or the handling of any meat
or meat product.

SOURCE: 66 FR 1198, Jan. 5, 2001, unless otherwise noted.

§ 54.1001

Meaning of words.

For the purposes of the regulations
in this subpart, words in the singular
form shall be deemed to impart the
plural and vice versa, as the case may
demand.

§ 54.30 Errors in service.
When an official grader, supervisor of
grading, or other responsible employee
of the Branch has evidence of
misgrading, or of incorrect certification or other incorrect determination or identification as to the class,
grade, other quality, or compliance of a
product, he shall report the matter to
his immediate supervisor. The super-

§ 54.1002

Terms defined.

Act. The Agricultural Marketing Act
of 1946, as amended (7 U.S.C. 1621 et
seq.).
Administrator. The Administrator of
the Agricultural Marketing Service
(AMS), United States Department of
Agriculture, or the representative to

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Agricultural Marketing Service, USDA

§ 54.1003
Legal Holiday. Those days designated
as legal public holidays in Title 5,
United States Code, section 6103(a).
Person. Any individual, partnership,
corporation, or other legal entity, or
Government agency.
Processing. Cooking, baking, curing,
heating, drying, mixing, grinding,
churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes the
packaging, canning, jarring, or otherwise enclosing in a container.
Program. The Dairy Programs of the
Agricultural Marketing Service.
Standards. The most recent version of
standards for equipment and utensils
formulated by the NSF/3–A Joint Committee on Food Processing Equipment
(Referred to hereinafter as ‘‘NSF/3–A’’).
The regulations. The regulations in
this Subpart.

whom authority has been delegated to
act in the stead of the Administrator.
Agricultural Marketing Service (AMS).
The Agricultural Marketing Service of
the United States Department of Agriculture.
Applicant. Any person who applies for
service under the regulations in this
subpart.
Branch. The Dairy Grading Branch,
Dairy Programs, Agricultural Marketing Service.
Chief. The Chief of the Dairy Grading
Branch, Dairy Programs, Agricultural
Marketing Service, or the representative to whom authority has been delegated to act in the stead of the Chief.
Compliance. Conformity of a processing system, piece of processing
equipment, or a utensil to identified
standards.
Department. The United States Department of Agriculture.
Deputy Administrator. The Deputy Administrator of the Dairy Programs of
the Agricultural Marketing Service or
any officer or employee of the Dairy
Programs to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated to
act in the stead of the Deputy Administrator.
Design Review Specialist. An employee
of the Branch who determines and certifies or otherwise evaluates the compliance of equipment or utensils under
the regulations.
Design Evaluation and Certification
Service. The service established and
conducted under the regulations for
the evaluation and certification or
other identification of the compliance
of equipment or utensils used for the
slaughter, processing or packaging of
livestock and poultry products (Referred to hereinafter as ‘‘equipment’’ or
‘‘utensils’’) with sanitary specifications
or standards.
Fabricator. Commercial entity engaged in the manufacture or assembly
of equipment or utensils.
Financially interested person. Any person having a financial interest in the
equipment or utensils involved, including but not limited to the designer,
fabricator, or user of the equipment or
utensils.

§ 54.1003 Designation of official certificates, memoranda, marks, and
other identifications, for purposes
of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural
Marketing Act of 1946, as amended provides criminal penalties for various
specified offenses relating to official
certificates, memoranda, and marks or
other identifications, issued or authorized under section 203 of said Act, and
certain misrepresentations concerning
the inspection or grading of agricultural products under said section. For
the purposes of said subsection and the
provisions in this subpart, the terms
listed in paragraphs (a) through (c) of
this section shall have the respective
meanings specified:
(a) ‘‘Official certificate’’ means any
form of certification, either written or
printed, used under the regulations to
certify with respect to the evaluation,
review, condition, or acceptance of
equipment or utensils (including the
compliance of equipment or utensils
with applicable standards).
(b) ‘‘Official memorandum’’ means
any initial record of findings made by
an authorized employee of the Dairy
Grading Branch in the process of determining compliance, evaluating, or reviewing equipment or utensils pursuant to the regulations, any processing
or in plant-operation report made by

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§ 54.1004

7 CFR Ch. I (1–1–11 Edition)

an authorized Dairy Grading Branch
employee in connection with determining compliance, evaluating, or reviewing equipment or utensils under
the regulations, and any report made
by an authorized employee of the Dairy
Grading Branch of any other services
performed pursuant to the regulations.
(c) ‘‘Official mark’’ or ‘‘other official
identification’’ means any form of
mark or other identification, including
those prescribed in § 54.1018; used under
the regulations in marking any equipment or utensils or displayed as an indication that the equipment or utensils
has been evaluated by AMS (including
the compliance of the equipment or
utensils with applicable standards).

Programs, Dairy Grading Branch;
Room 2746–S; 1400 Independence Ave.,
SW., Washington, DC 20250–6456.
(c) All services provided in accordance with the regulations shall be rendered without discrimination on the
basis of race, color, national origin,
gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status.
§ 54.1006 Kind of service.
Certification of Sanitary Design and
Fabrication of Equipment Used in the
Slaughter, Processing, and Packaging
of Livestock and Poultry Products
service under the regulations shall consist of the evaluation, certification
and/or identification, upon request by
the applicant, of the adherence of the
design and fabrication of equipment
and utensils to sanitary principles and
criteria under applicable standards
identified in this subpart. Equipment
or utensils having an identical design,
materials of construction, and fabrication, except for scaling up or down in
size, may be submitted for evaluation
as a model line or series. Determination as to equipment or utensils compliance with standards for materials of
fabrication or method of fabrication
may be based upon information received from the fabricator.

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§ 54.1004 Administration and implementation.
The Administrator designates the administration and implementation of
the Certification of Sanitary Design
and Fabrication of Equipment Used in
the Processing of Livestock and Poultry Products service to the Dairy Grading Branch, Dairy Programs, Agricultural Marketing Service. The Chief is
charged with the administration, under
the general supervision and direction
of the Deputy Administrator, of the
regulations and the Act insofar as they
relate to equipment or utensils used to
process livestock and poultry products.

§ 54.1007 Availability of service.
Service under these regulations may
be made available to the designers, fabricators, users, or other interested person or party, of the equipment or utensils. Subject to the provisions of this
subpart, services shall be performed
only when a qualified design review
specialist is available, and when the location of the equipment or utensils,
evaluation facilities and conditions, as
determined by the Chief, are suitable
for conducting such service.

§ 54.1005 Basis of service.
(a) Certification of Sanitary Design
and Fabrication of Equipment Used in
the Slaughter, Processing, and Packaging of Livestock and Poultry Products service shall be performed in accordance with the provisions of this
subpart, the instructions and guidelines issued or approved by the Chief
and the applicable standards developed
by the NSF/3–A.
(b) Copies of standards developed by
NSF/3–A that AMS will inspect and
certify to are available, for a nominal
fee,
from
NSF
International
at
www.nsf.org or contact Techstreet, 310
Miller Avenue, Ann Arbor, MI 48103;
Phone (800) 699–9277. Copies of all other
instructions and guidelines can be obtained from, and copies of standards
developed by NSF/3–A may be inspected
at, the U.S. Department of Agriculture,
Agricultural Marketing Service, Dairy

§ 54.1008 How to obtain service.
(a) Application. Any person may apply
to the Chief for service under the regulations with respect to equipment or
utensils in which the applicant is financially interested. The application
shall be made on a form approved by
the Chief. In any case in which the
service is intended to be furnished at
an establishment not operated by the

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§ 54.1013

applicant, the applicant shall be responsible for obtaining approval for
accessability of the equipment or utensil from the operator of such establishment and such approval shall constitute an authorization for any employees of the Department to enter the
establishment for the purpose of performing their functions under the regulations. The application shall state:
(1) The name and address of the establishment at which service is desired;
(2) The name and post office address
of the applicant;
(3) Identification of the party that
will be responsible for payment of all
services rendered in response to the request;
(4) The type of equipment or utensil
presented for evaluation;
(5) The date(s) on which service is requested to be performed; and
(6) The signature of the applicant (or
the signature and title of the applicant’s representative) and date of the
request.
(b) Notice of eligibility for service. The
applicant for service will be notified
whether the applicant’s application is
approved.

prior to performance of service. The
applicant shall be responsible for payment, in accordance with § 54.1028 and
§ 54.1029, of any expenses already incurred by the Agricultural Marketing
Service in connection therewith.
§ 54.1012 Authority of agent.
Proof of the authority of any person
making an application or a request for
service under the regulations on behalf
of any other person may be required at
the discretion of the Deputy Administrator or Chief or other employee receiving the application or request
under § 54.1008.
§ 54.1013 When an application may be
rejected.
(a) An application or a request for
service may be denied by the design review specialist, with the concurrence of
the Deputy Administrator or Chief
when:
(1) For administrative reasons such
as the non-availability of personnel to
perform the service;
(2) The application or request relates
to equipment or utensils which are not
eligible for service under § 54.1006;
(3) The applicant fails to meet either
the application requirements prescribed in this subpart or the conditions for receiving such service;
(4) The equipment or utensil is owned
by, or located on the premises of, a person currently denied the benefits of the
Act;
(5) The applicant has substantial financial ties to a person who is currently denied the benefits of the Act,
or who has been adjudged, in an administrative or judicial proceeding, responsible in any way for a current denial of
benefits of the Act to any other person.
(6) The applicant is currently denied
services under the Act.
(7) Any fees billed to the applicant
are not paid within 30 days; or
(8) The applicant has failed to comply
with the Act or this subpart or with
the instructions or guidelines issued
hereunder.
(b) The Chief shall provide notice to
an applicant whose application is rejected, and shall explain the reason(s)
for the rejection. If such notification is
made verbally, written confirmation
may be provided.

§ 54.1009 Order of furnishing service.
Service under the regulations shall
be furnished to applicants, insofar as
practicable and subject to the availability of a qualified design review specialist, in the order in which requests
therefor are received, insofar as consistent with good management, efficiency and economy. Precedence will
be given, when necessary, to requests
made by any government agency and
to requests for appeal service under
§ 54.1021.

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§ 54.1010 When request for service
deemed made.
A request for service under the regulations shall be deemed to be made
when received by the Branch. Records
showing the date and time of the request shall be maintained.
§ 54.1011 Withdrawal of application or
request for service.
An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application is approved or

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§ 54.1014

7 CFR Ch. I (1–1–11 Edition)
§ 54.1016 Advance information concerning service rendered.
Upon request of any applicant, all or
any part of the contents of any report
issued to the applicant under the regulations, or other notification concerning the determination of compliance of equipment or utensils for such
applicant may be transmitted by facsimile transmission to the applicant,
or to any person designated by the applicant at the applicant’s expense.

§ 54.1014 Accessibility of equipment
and utensils; access to establishments.
(a) The applicant shall cause equipment and utensils to be made easily accessible for examination and to be so
placed, with adequate illumination to
facilitate evaluation for compliance.
The applicant shall furnish or make
available any necessary tools; such as
boroscope, profilometer, disassembly
tools, ladders, radius gauges, and the
like; necessary to complete the evaluation.
(b) Supervisors of USDA design review specialists responsible for maintaining uniformity and accuracy of
service under the regulations shall
have access to all parts of establishments covered by approved applications for service under the regulations,
for the purpose of examining all equipment or utensils in the establishments
which have been or are to be evaluated
for compliance with standards or which
bear any marks of compliance.

§ 54.1017 Authority to use official identification.
The Chief may authorize an applicant
or any persons designated by the applicant to use the official identification
symbol to mark equipment or utensils,
or for display in descriptive or promotional materials providing the
equipment or utensils is evaluated pursuant to this subpart and found to be in
compliance.
§ 54.1018 Form of official identification
and approval for use.
(a) The official identification symbol
approved for use on equipment, utensils, or descriptive or promotional materials shall appear in the form and design shown in Figure 1.
(b) The official identification symbol
on equipment or utensils shall be displayed by etching or the placement of
a non-removable sticker located in
close proximity to the equipment identification plate.
(c) The official identification symbol
is recommended to be at least 3/4 inch
by 3/4 inch in size. Symbols which are
smaller in size will be considered provided they are sufficiently large to be
identifiable and legible.
(d) The official identification symbol
shall not be used in descriptive and
promotional materials without prior
approval by the Chief. The official
identification symbol, if used, on the
descriptive or promotional materials
shall be printed as part of the text or
format.
(e) An applicant shall submit to the
Chief of the Dairy Grading Branch,
Dairy Programs, Agricultural Marketing Service, U.S. Department of Agriculture, P.O. Box 96456, Washington,
D.C. 20090–6456, an application, if one is
not on file, requesting approval to use

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§ 54.1015 Official reports, forms, and
certificates.
(a) Report. The design review specialist shall prepare, sign, and issue a
narrative report covering the observations, comments and recommendations
based on the evaluation for conformance with standards of equipment and
utensils as provided for in § 54.1005 and
indicate the fees and other charges incurred for the services rendered.
(b) Forms. Form DA–161 is the official
certificate for equipment or utensils
evaluated and is accepted under the
regulations. Issuance of this certificate
is optional at the request of the applicant.
(c) Distribution. The original report
and official certificate (if requested)
shall be delivered or mailed to the applicant or other persons designated by
the applicant. Other copies shall be forwarded as required by agency, program, and branch instructions. Additional copies will be furnished to any
person financially interested in the
equipment or utensil involved with the
concurrence of the applicant and upon
payment of fees, as provided in § 54.1028
and § 54.1029.

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Agricultural Marketing Service, USDA

§ 54.1019

the official identification symbol on officially accepted equipment and in descriptive or promotional materials.

design, or fabrication which may impair the cleanability or hygienic design
of the equipment or utensil. If no
change in materials of construction,
design, or fabrication which may impair the cleanability or hygienic design
of the equipment or utensil has occurred during the period of four years
after the date of the most recent report

The manufacturer of any equipment
or utensil which has been issued a report or certification stating acceptance
of compliance shall resubmit the design and fabrication details of any
change in materials of construction,

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§ 54.1019 Renewal of acceptance certification.

§ 54.1020

7 CFR Ch. I (1–1–11 Edition)

stating acceptance of compliance or if
no design or fabrication changes have
been made, the applicant may submit a
certificate of conformance signed by
the chief engineering officer and the
chief executive officer of the company
stating that no design changes have
been made to the specified equipment
or utensil.

report, or any other information which
the applicant may have received regarding the piece of equipment, portion
of a piece of equipment, or utensil at
the time of the original service. Such
request may be made orally (including
by telephone) or in writing (including
by facsimile transmission). If made
orally, the Dairy Grading Branch employee receiving the request may require that it be confirmed in writing.

§ 54.1020 Appeal
service;
marking
equipment or utensils on appeal; requirements for appeal; certain determinations not appealable.

§ 54.1022 When request for appeal
service may be withdrawn.
A request for appeal service may be
withdrawn by the applicant at any
time before the appeal service has been
performed, upon payment of any expenses already incurred under the regulations by the Branch in connection
therewith.

(a) Appeal service is a re-evaluation
of the compliance of a piece of equipment, portion of a piece of equipment,
or utensil to design or fabrication criteria according to the standards prescribed by this subpart.
(b) Only the original applicant or
their representative may request appeal service requesting a reevaluation
of the original determination of the design and fabrication of the equipment
or utensil for compliance with the
standards specified in this subpart.
(c) Appeal service will not be furnished for:
(1) A piece of equipment, portion of a
piece of equipment, or utensil which
has been altered or has undergone a
material change since the original
service.
(2) For the purpose of obtaining an
up-to-date report or certificate which
does not involve a question as to the
correctness of the original service for
the piece of equipment, portion of a
piece of equipment, or utensil.

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§ 54.1021

§ 54.1023 Denial or withdrawal of appeal service.
A request for appeal service may be
rejected or such service may be otherwise denied to or withdrawn from any
person in accordance with the procedure set forth in § 54.1013(a), if it appears that the person or product involved is not eligible for appeal service
under § 54.1020, or that the identity of
the piece of equipment, portion of a
piece of equipment, or utensil has been
lost; or for any of the causes set forth
in § 54.1032.
§ 54.1024 Who shall perform appeal
service.
Appeal service for equipment or utensils shall be performed by the Chief or
a design review specialist designated
by the Chief. No design review specialist may perform appeal service for
any piece of equipment, portion of a
piece of equipment or utensil for which
the original design review specialist
performed the initial evaluation service.

Request for appeal service.

(a) Except as otherwise provided in
§ 54.1020, an applicant or their representative may request appeal service
when the applicant or their representative disagree with the determination as
to compliance with the standard of the
piece of equipment, portion of a piece
of equipment, or utensil as documented
in the applicable report.
(b) A request for appeal service shall
be filed with the Chief, directly or
through the design review specialist
who performed the original service.
The request shall state the reasons for
the disagreement with the original determination and may be accompanied
by a copy of any previous certificate or

§ 54.1025 Appeal reports.
After appeal service has been performed for any piece of equipment, portion of a piece of equipment or utensils, an official report shall be prepared, signed, and issued referring specifically to the original report and
stating the determination of the reevaluation of compliance of the piece

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Agricultural Marketing Service, USDA

§ 54.1032

of equipment, portion of a piece of
equipment or utensil.

§ 54.1031

§ 54.1026 Superseded reports.
The appeal report shall supersede the
original report which, thereupon, shall
become null and void for all or a portion of the report pertaining to the appeal service and shall not thereafter be
deemed to show the compliance of the
equipment or utensils described therein. However, the fees charged for the
original service shall not be remitted
to the applicant who filed the appeal.
§ 54.1027 Application of other regulations to appeal service.
The regulations in this subpart shall
apply to appeal service except insofar
as they are inapplicable.

§ 54.1032
ice.

§ 54.1028 Fees and other charges for
service.
Fees and other charges equal as nearly as may be to the cost of the services
rendered shall be assessed and collected from applicants in accordance
with the provisions for Fees and
Charges set forth in 7 CFR part 58, Subpart A, Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products,
sections §§ 58.38, 58.39, 58.41, 58.42, and
58.43, as appropriate.

Denial or withdrawal of serv-

(a)(1) Bases for denial or withdrawal.
An application or a request for service
may be rejected, or the benefits of the
service may be otherwise denied to, or
withdrawn from, any person who, or
whose employee or agent in the scope
of the person’s employment or agency:
(i) Has wilfully made any misrepresentation or has committed any other
fraudulent or deceptive practice in connection with any application or request
for service under the regulations;
(ii) Has given or attempted to give,
as a loan or for any other purpose, any
money, favor, or other thing of value,
to any employee of the Department authorized to perform any function under
the regulations;
(iii) Has interfered with or obstructed, or attempted to interfere
with or to obstruct, any employee of
the Department in the performance of
duties under the regulations by intimidation, threats, assaults, abuse, or any
other improper means;
(iv) Has knowingly falsely made,
issued, altered, forged, or counterfeited
any official certificate, memorandum,
mark, or other identification;
(v) Has knowingly uttered, published,
or used as true any such falsely made,
issued, altered, forged, or counterfeited
certificate, memorandum, mark or
identification;
(vi) Has knowingly obtained or retained possession of any such falsely

§ 54.1029 Payment of fees and other
charges.
Fees and other charges for service
shall be paid upon receipt of billing for
fees and other charges for service. The
applicant shall remit by check, draft,
or money order, made payable to the
Agricultural
Marketing
Service,
USDA, payment for the service in accordance with directions on the billing,
and such fees and charges shall be paid
in advance if required by the official
design review specialist or other authorized official.

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Errors in service.

When a design review specialist, supervisor, or other responsible employee
of the Branch has evidence of inaccurate evaluation, or of incorrect certification or other incorrect determination or identification as to the
compliance of a piece of equipment or
utensil, such person shall report the
matter to the Chief. The Chief will investigate the matter and, if deemed advisable, will report any material errors
to the owner or the owner’s agent. The
Chief shall take appropriate action to
correct errors found in the determination of compliance of equipment or
utensils, and the Chief shall take adequate measures to prevent the recurrence of such errors.

§ 54.1030 Identification.
All official design review specialists
and supervisors shall have their Agricultural Marketing Service identification cards in their possession at all
times while they are performing any
function under the regulations and
shall identify themselves by such cards
upon request.

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§ 54.1033

7 CFR Ch. I (1–1–11 Edition)

made, issued, altered, forged, or counterfeited certificate, memorandum,
mark or identification, or of any equipment or utensil bearing any such falsely made, issued, altered, forged, or
counterfeited mark or identification;
(vii) Has applied the designation
‘‘USDA Accepted Equipment’’, ‘‘AMS
Accepted Equipment’’, ‘‘USDA Approved
Equipment’’, ‘‘AMS Approved Equipment’’, ‘‘Approved By USDA’’, ‘‘Approved
By AMS’’, ‘‘Accepted By USDA’’, ‘‘Accepted By AMS’’, ‘‘USDA Approved’’,
‘‘USDA Accepted’’, ‘‘AMS Approved’’,
‘‘AMS Accepted’’, or any other variation of wording which states or implies official sanction by the United
States Department of Agriculture by
stamp, or brand directly on any equipment or utensil, or used as part of any
promotional materials which has not
been inspected and deemed in compliance with this subpart; or,
(viii) Has in any manner not specified
in this paragraph violated subsection
203(h) of the AMA: Provided, That paragraph (a)(1)(vi) of this section shall not
be deemed to be violated if the person
in possession of any item mentioned
therein notifies the Deputy Administrator or Chief without such delay that
such person has possession of such item
and, in the case of an official identification, surrenders it to the Chief,
and, in the case of any other item, surrenders it to the Deputy Administrator
or Chief or destroys it or brings it into
compliance with the regulations by obliterating or removing the violative
features under supervision of the Deputy Administrator or Chief: And provided further, That paragraphs (a)(1) (ii)
through (vii) of this section shall not
be deemed to be violated by any act
committed by any person prior to the
making of an application of service
under the regulations by the principal
person. An application or a request for
service may be rejected or the benefits
of the service may be otherwise denied
to, or withdrawn from, any person who
operates an establishment for which
such person has made application for
service if, with the knowledge of such
operator, any other person conducting
any operations in such establishment
has committed any of the offenses
specified in paragraphs (a)(1) (i)
through (vii) of this section after such

application was made. Moreover, an application or a request for service made
in the name of a person otherwise eligible for service under the regulations
may be rejected, or the benefits of the
service may be otherwise denied to, or
withdrawn from, such a person:
(A) In case the service is or would be
performed at an establishment operated:
(1) By a corporation, partnership, or
other person from whom the benefits of
the service are currently being withheld under this paragraph; or
(2) By a corporation, partnership, or
other person having an officer, director, partner, or substantial investor
from whom the benefits of the service
are currently being withheld and who
has any authority with respect to the
establishment where service is or
would be performed; or
(B) In case the service is or would be
performed with respect to any product
in which any corporation, partnership,
or other person within paragraph
(a)(1)(viii)(A)(1) of this section has a
contract or other financial interest.
(2) Procedure. All cases arising under
this paragraph shall be conducted in
accordance with the Rules of Practice
Governing Formal Adjudicatory Proceedings Instituted by the Secretary
Under Various Statutes set forth in 7
CFR §§ 1.130 through 1.151 and the Supplemental Rules of Practice in part 50,
7 CFR § 50.1 et seq.
(b) Filing of records. The final orders
in formal proceedings under paragraph
(a) of this section to deny or withdraw
the service under the regulations (except orders required for good cause to
be held confidential and not cited as
precedents) and other records in such
proceedings (except those required for
good cause to be held confidential)
shall be filed with the Hearing Clerk
and shall be available for inspection by
persons having a proper interest therein.
§ 54.1033

Confidential treatment.

Every design review specialist providing service under these regulations
shall keep confidential all information
secured and not disclose such information to any person except an authorized representative of the Department.

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Agricultural Marketing Service, USDA

Pt. 56
56.25 Withdrawal of application.
56.26 Authority of applicant.
56.27 Order of service.
56.28 Types of service.
56.29 Suspension or withdrawal of plant approval for correctable cause.
56.30 Application for grading service in official plants; approval.

§ 54.1034 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
The following control number has
been assigned to the information collection requirements in 7 CFR part 54,
subpart C, by the Office of Management
and Budget pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35).

REPORTS
56.31 Report of grading work.
56.32 Information to be furnished to graders.
56.33 Report of violations

Current
OMB control
No.

7 CFR section where
requirements are described
54.1008(a) .........................................................
54.1017 ..............................................................
54.1018(e) .........................................................
54.1019 ..............................................................
54.1020 ..............................................................
54.1021 ..............................................................

IDENTIFYING AND MARKING PRODUCTS

0581–0126
0581–0126
0581–0126
0581–0126
0581–0126
0581–0126

56.35 Authority to use, and approval of official identification.
56.36 Form of grademark and information
required.
56.37 Lot marking of officially identified
shell eggs.
56.38 Retention authorities.

PART 56—VOLUNTARY GRADING
OF SHELL EGGS

PREREQUISITES TO PACKAGING SHELL EGGS
IDENTIFIED WITH GRADEMARKS

Subpart A—Grading of Shell Eggs

56.39 Quality assurance inspector required.
56.40 Grading requirements of shell eggs
identified with grademarks.
56.41 Check grading officially identified
product.
56.42–56.43 [Reserved]

DEFINITIONS
Sec.
56.1 Meaning of words and terms defined.
56.2 Designation of official certificates,
memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.

FEES AND CHARGES
56.45 Payment of fees and charges.
56.46 On a fee basis.
56.47 Fees for appeal grading or review of a
grader’s decision.
56.49 Travel expenses and other charges.
56.52 Charges for continuous grading performed on a resident basis.
56.53 Fees or charges for grading service
performed under cooperative agreement.
56.54 Charges for continuous grading performed on a nonresident basis.

GENERAL
56.3 Administration.
56.4 Basis of grading service.
56.5 Accessibility of product.
56.6 Supervision.
56.7 Nondiscrimination.
56.8 Other applicable regulations.
56.9 OMB control number.
LICENSED AND AUTHORIZED GRADERS

GRADING CERTIFICATES

56.10 Who may be licensed and authorized.
56.11 Financial interest of graders.
56.12 Suspension of license; revocation.
56.13 Cancellation of license.
56.14 Surrender of license.
56.15 Political activity.
56.16 Identification.
56.17 Equipment and facilities for graders.
56.18 Schedule of operation of official
plants.
56.19 Prerequisites to grading.

56.55 Forms.
56.56 Issuance.
56.57 Disposition.
56.58 Advance information.
APPEAL OF A GRADING OR DECISION
56.60 Who may request an appeal grading or
review of a grader’s decision.
56.61 Where to file an appeal.
56.62 How to file an appeal.
56.63 When an application for an appeal
grading may be refused.
56.64 Who shall perform the appeal.
56.65 Procedures for appeal gradings.
56.66 Appeal grading certificates.

wwoods2 on DSK1DXX6B1PROD with CFR

APPLICATION FOR GRADING SERVICE
56.20 Who may obtain grading service.
56.21 How application for service may be
made; conditions of service.
56.22 Filing of application.
56.23 Form of application.
56.24 Rejection of application.

DENIAL OF SERVICE
56.68

Debarment.

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