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e-CFR
Data is current as of May 5, 2010

Title 7:
Agriculture
PART 51—FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS
1,2(INSPECTION,CERTIFICATION, AND
STANDARDS)

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Subpart—Regulations1

1 None of the requirements in the regulations of this
subpart shall excuse failure to comply with any Federal, State, county, or
municipal laws applicable to products covered in the regulations of this
subpart.

Source:   32 FR 15066, Nov. 1, 1967,
unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981.

Administrative

§ 51.1   Administration of regulations.

(a) The Administrator, Agricultural Marketing Service, U.S. Department
of Agriculture, is charged with the administration of the regulations in
this part, except at his discretion, he may delegate any or all such
functions to any other officer or employee of the Agricultural Marketing
Service of the Department.

(b) The conduct of all services and the hiring and licensing of
inspection, grading and sampling personnel under these regulations shall
be accomplished without discrimination as to race, color, religion, sex or
national origin.

[39 FR 40937, Nov. 22, 1974. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

Definitions

§ 51.2   Terms defined.

Words in the regulations in this part in the singular form shall be
deemed to import the plural, and vice versa, as the case may demand. For
the purposes of the regulations in this part, unless the context otherwise
requires, the following terms shall have the following meanings:

(a) Act. “Act” means the applicable provisions of the
Agricultural Marketing Act of 1946 (60 Stat. 1087 et seq.) as amended; (7
U.S.C. 1621 et seq.) or any other act of Congress conferring like
authority.

(b) Administrator. “Administrator” means the Administrator of
Agricultural Marketing Service.

(c) Applicant. “Applicant” means any interested party who has
applied for inspection service under the regulations in this part.

(d) Carlot. “Carlot”means any number of containers which contain
a product of the same kind located on or unloaded from the same conveyance
and available for inspection at the same time and location: Provided,
That:

(1) Product of the same carlot shall be considered to be separate lots
whenever the product differs markedly as to quality and/or condition, and
such differences are definitely associated with certain brands, varieties,
sizes or container markings;

(2) If the applicant requests more than one inspection certificate
covering portions of the same carlot, the quantity of the carlot covered
by each certificate shall be considered to be a separate carlot;

(3) If product of the same carlot is packed in more than one size or
type container, each such size or type shall be considered to be a
separate lot.

(e) Carlot equivalent. “Carlot equivalent” shall be the quantity
of an individual product customarily loaded in common highway
trailers.

(f) Condition. (1) “Condition” means the relative degree of
soundness of a product which may affect its merchantability and includes
those factors which are subject to change and may result from, but not
necessarily limited to, age, improper handling, storage or lack of
refrigeration.

(2) Examples of condition factors include maturity or stage of
ripeness; state of freshness, such as crispness, tenderness, or toughness;
wilting; shriveling or flabbiness; mechanical injuries resulting from
improper handling after packing; progressive pathological, physiological,
and virus diseases, including fungal and bacterial roots; and freezing
damage which may occur in transit or storage; or any other factor which
may occur, develop, or progress in the marketing channels.

(g) Agricultural Marketing Service. “Agricultural Marketing
Service” means the Agricultural Marketing Service of the Department.

(h) Department. “Department” means the U.S. Department of
Agriculture.

(i) Federal-State Inspection Agency. “Federal-State Inspection
Agency” means any State agency, business association or trade
organization, private firm, or other person or corporation with which the
Department has entered into a cooperative agreement for inspection
service.

(j) Grade. “Grade” means a class or rank of quality.

(k) Inspector. “Inspector” means any employee of the Department
authorized by the Secretary or any other person licensed by the Secretary,
to investigate, sample, inspect, and certify, in accordance with the
regulations in this part, to any interested party the quality, quantity
and/or condition of any fresh product covered in this part, and to perform
related duties in connection with the inspection service.

(l) Inspection service. “Inspection service” means:

(1) The Service established and conducted under the regulations in this
part for the determination and certification or other identification as to
the grade, the quality and/or condition of fresh fruits or vegetables and
related products including the condition of container.

(2) Performance by an inspector of any related services such as
reporting the temperatures of loads or lots of fresh products.

(3) To observe conditions under which a product is being packed, to
observe plant sanitation as a prerequisite to inspection of the packed
product either on a continuous or periodic basis, or checkload the
inspected product in connection with the marketing of the product.

(4) The issuance of inspection certificates or reports relating to
paragraphs (j)(1), (2), and (3) of this section.

(m) Interested party. “Interested party” means any person who
has a financial interest in the product for which inspection is
requested.

(n) Person. “Person” means any individual, partnership,
association, business trust, corporation, any organized group of persons
(whether incorporated or not), the United States (including, but not
limited to, any corporate agencies thereof), and any State, county, or
municipal government, any common carrier, and any authorized agent of any
of the foregoing.

(o) Packing plant. “Packing plant” means the premises,
buildings, structures, and equipment including but not limited to,
machines, utensils, fixtures, employed or used with respect to preparation
and packing the product.

(p) Quality. “Quality” means the combination of the inherent
properties or attributes of a product which determines its relative degree
of excellence.

(q) Regulations. “Regulations” means the regulations in this
subpart.

(r) Sample. “Sample” means any number of sample units to be used
for inspection.

(s) Sample unit. “Sample unit” means a container and/or its
entire contents, a portion of the contents of a container or other unit of
a commodity, or a composite mixture of a commodity to be used for
inspection.

(t) Sampling. “Sampling” means the act of selecting samples of a
commodity for the purpose of inspection under the regulations in this
part.

(u) Secretary. “Secretary” means the Secretary of Agriculture of
the United States 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.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981; 56 FR 55799, Oct.
30, 1991]

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

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 purpose of said
subsection and the provisions in this part, the terms listed below shall
have the respective meanings specified:

(a) Inspection certificate. “Inspection certificate” means any
form of certification, either written or printed, used under this part to
certify with respect to the inspection, identification, class, grade,
quality, size, quantity, or condition of products (including the
compliance of products with applicable specifications).

(b) Official memorandum. “Official memorandum” means any initial
record of findings made by an authorized person in the process of grading,
inspecting, or sampling pursuant to this part, any processing or
plant-operation report made by an authorized person in connection with
grading, inspecting, or sampling under this part, and any report made by
an authorized person of services performed pursuant to this part.

(c) Official mark. “Official mark” means the grade mark,
inspection mark, combined form of inspection and grade mark, and any other
mark, or any variations in such marks, including those prescribed in
§51.49, approved by the Administrator and authorized to be affixed to any
product, or affixed to or printed on the packaging material of any
product, stating that the product was graded or inspected, or both, or
indicating the appropriate U.S. grade or condition of the product, or for
the purpose of maintaining the identity of products graded or inspected,
or both, under this part.

(d) Official identification. “Official identification” means any
United States (U.S.) standard designation of class, grade, quality, size,
quantity, or condition specified in this part or any symbol, stamp, label
or seal indicating that the product has been graded or inspected and/or
indicating the class, grade, quality, size, quantity, or condition of the
product approved by the Administrator and authorized to be affixed to any
product, or affixed to or printed on the packaging material of any
product.

(e) Official device. “Official device” means a stamping
appliance, branding device, stencil, printed label, or any other
mechanically or manually operated tool that is approved by the
Administrator for the purpose of applying any official mark or other
identification to any product or the packaging material thereof; or any
device approved and designated by the Administrator as a USDA official
device for use as a color standard, defect guide, or other similar aid to
interpret the U.S. Department of Agriculture grade standards and to
facilitate conduct of the Inspection Service.

Inspection Service

§ 51.4   Where inspection service is offered.

Products will be inspected at appropriate points indicated in
paragraphs (a), (b), and (c) of this section whenever inspectors are
available.

(a) Shipping points. Inspection service is available in all
areas covered by cooperative agreements entered into on behalf of the
Department with Cooperating Federal-State Inspection Agencies providing
for this inspection work pursuant to authority contained in any Act of
Congress, or may be provided in any other area which is not covered by a
cooperative agreement if the Administrator determines that it is
practicable to provide inspection service.

(b) Destination markets. Inspection is available in all central
markets in which an inspection office is located.

(c) Other destination points. Inspection may be made at any
point which may be conveniently reached from any terminal market in which
an inspection office is located to the extent inspection personnel is
available.

(d) Addresses of offices. Any prospective applicant may obtain
an up-to-date list of inspection offices by addressing an inquiry to Fresh
Products Standardization and Inspection Branch, Fruit and Vegetable
Division, Agricultural Marketing Service, U.S. Department of Agriculture,
Washington, D.C. 20250.

§ 51.5   Who may obtain inspection service.

An application for inspection service may be made by any interested
party including, but not limited to, the United States and any
instrumentality or agency thereof, any State, county, municipality, or
common carrier, and any authorized agent in behalf of the foregoing.

§ 51.6   How to make application.

An application for inspection service may be filed in an office of
inspection at any market referred to in §51.4 (b), (c), or (d) or with any
inspector. It may be made in writing, orally, by telegraph, or by
telephone. If made orally or by telephone, the inspector may require that
it be confirmed by applicant in writing or by telegraph. An application
may be made for one or more lots, or it may be in the nature of a blanket
application for inspection of all designated lots of a given commodity
within a particular period, or for all designated lots loaded or received
at a specified point.

§ 51.7   Form of application.

Each application for inspection service shall state (a) the name and
address of the applicant and the name and capacity of the person, if any,
making the application in his behalf; (b) the name and address of the
shipper; (c) the kind and quantity of the products involved; (d) the
interest of the applicant therein; (e) the identification of the products
by (1) grade, brand, or other marks, if practicable, (2) car number of
carrier or number of truck or name of boat, if practicable, and (3) the
name and location of the store, warehouse, or other place where the
products are located; (f) the particular quality or condition concerning
which inspection is requested, to which may be added the time and place at
which it is desired that the inspection be made; (g) when the lot is to be
inspected in a receiving market, the name and address of the receiver; (h)
the name of the shipping point and of the destination, when known; and (i)
such other information as may be necessary for identification of the
product, or as may be required by the inspector or the Administrator.

§ 51.8   Filing of application.

An application shall be regarded as filed only when made at the office
of inspection nearest the place where the commodity is located. A record
showing the date and time of filing shall be made and kept in such
office.

§ 51.9   When application may be rejected.

An application may be rejected by the inspector in charge of the
appropriate office of inspection if the applicant objects to the inspector
cutting an adequate number of specimens to determine the interior quality
or condition of the product to be inspected, or for failure of the
applicant (a) to observe the regulations of this part, (b) to furnish
necessary information or to make the commodity reasonably available or
accessible for inspection, (c) to pay for previous inspection services
rendered, or (d) when it appears that to perform the inspection and
certification service would not be to the best interest of the Government.
Such applicant shall be notified promptly of the reason for such
rejection.

§ 51.10   When application may be withdrawn.

An application may be withdrawn by the applicant at any time before the
inspection is performed: Provided, That the applicant shall pay any
travel expenses, telephone, telegraph, or other expenses which have been
incurred by the Inspection Service in connection with such
application.

§ 51.11   Authority to request inspection.

Proof of the interest of an applicant in the product involved, or of
the authority of any person applying for inspection in behalf of another
may be required, at the discretion of the inspector.

§ 51.12   Accessibility of products.

The applicant shall cause the products for which inspection is
requested to be made reasonably accessible for sampling or inspection and
to be so placed as to disclose their quality or condition. Samples of the
products drawn for examination shall be inspected only under such
conditions as, in the opinion of the inspector, will permit a true and
correct determination to be made of their quality or condition.

§ 51.13   Basis of service.

Inspection and certification service for quality and/or condition shall
be based upon the appropriate standards promulgated by the U.S. Department
of Agriculture, applicable standards prescribed by the laws of the State
where the particular product was produced, specifications of any
governmental agency, written buyer and seller contract specifications, or
any written specification by an applicant which is approved by the
Administrator: Provided, That if such product is regulated pursuant
to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.
601 et seq. ), or the comparable laws of any State, such inspection
and certification shall be on the basis of the standards, if any,
prescribed in, or pursuant to, the marketing order and/or agreement
effective thereunder.

§ 51.14   Order of inspection service.

Inspection service shall be performed, insofar as practicable, in the
order of which applications are received, except that precedence shall be
given (a) to the inspection of lots involved in complaints filed pursuant
to the Perishable Agricultural Commodities Act, 1930 (U.S.C. 449a et
seq.), and (b) to appeal inspections. Precedence may also be given to
applications made on behalf of the Federal or State Government.

§ 51.15   Financial interest of inspector.

No inspector shall inspect any product in which he is directly or
indirectly financially interested.

§ 51.16   Postponing inspection service.

If the inspector has reason to believe that, because of latent defects
due to climatic or other conditions, he is unable to determine the true
quality or condition of the product, he shall postpone examination for
such period as may, in his judgment, be reasonably necessary to enable him
to determine its true quality or condition. Inspection shall also be
postponed by the inspector, unless otherwise directed by the applicant, if
in his judgment examination of the product when exposed to low
temperatures may result in damage to the product.

§ 51.17   Official sampling.

Samples may be officially drawn by any duly authorized inspector and
delivered, or shipped, for analysis and certification to the nearest
designated market or to such market as shall be directed by the
Administrator. The container in which such samples are delivered, or
shipped, shall contain a statement, signed by the inspector who drew the
samples, showing the time and place of the sampling and the brands or
other identifying marks of the containers from which the samples were
drawn. The certificate based on such samples shall show the time and place
of drawing the samples, and the name of the inspector by whom they were
drawn.

§ 51.18   Certificate forms.

Certificates shall be issued on forms approved by the
Administrator.

§ 51.19   Issuance of certificates.

(a) A separate certificate shall be issued for each lot inspected,
except that when an application covers more than one lot a single
certificate may be issued to cover all such lots. The person signing and
issuing the certificate shall be one of the following:

(1) The inspector who performed the inspection;

(2) Another employee of the Inspection Service who has been given power
of attorney by the inspector and authorized by the Administrator to affix
the inspector's signature to an inspection certificate;

(3) Another employee of the Inspection Service who has been authorized
by the Administrator to act in a supervisory capacity;

(4) With the approval of the administrator, the signature of the person
performing the inspection or that of an employee of the Inspection Service
who has been authorized to act in a supervisory capacity may be affixed by
computer to an official certificate.

Provided, That in all cases the inspection certificate shall be
prepared in accordance with the official memoranda of the inspector or
inspectors who performed the inspection: And provided further, That
whenever a certificate issued is signed by a person given power of
attorney by the inspector, that person's signature must appear along with
the name of the inspector.

(b) When the inspection is made for the purpose of determining whether
food products for use by the applicant comply with contract specifications
therefor, a formal certificate need not be issued, but the fact of such
compliance or noncompliance may be indicated by affixing an appropriate
stamp or mark on such products or the containers thereof, at the
discretion of the inspector.

[35 FR 13571, Aug. 26, 1970. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; 51 FR 8478,
Mar. 12, 1986]

§ 51.20   Issuance of corrected certificates.

A corrected inspection certificate may be issued by the inspector who
issued the original certificate after distribution of a certificate if
errors, such as incorrect dates, grade statements, lot or car numbers,
identification marks, types of containers, sizes, weights, quantities, or
errors in any other pertinent information require the issuance of a
corrected certificate. Whenever a corrected certificate is issued, such
certificate shall supersede the inspection certificate which was issued in
error and the superseded certificate shall become null and void after the
issuance of the corrected certificate.

§ 51.21   Disposition of inspection
certificates.

(a) The original certificate, and not to exceed four copies (if
requested by applicant prior to issuance), shall be delivered or mailed
promptly to the applicant or to a person designated by him. One copy shall
be delivered or mailed to the shipper of the inspected product. One copy
shall be filed in the office of the inspector when the inspection is made
by a Federal Government employee, otherwise, it shall be filed in the
appropriate office of the cooperating Federal-State Inspection Agency.
Unless otherwise directed by the Administrator, two copies of each
official certificate issued on products received in destination markets
shall be forwarded to the Administrator to be kept on file in Washington
and no copies of official certificates issued at shipping point need be so
forwarded. In the case of any product covered by a marketing agreement
and/or order effective pursuant to the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601 et seq. ), at least one copy
of each certificate covering the inspection of such product shall, on
request, be delivered to the administrative agency established thereunder,
subject to such terms and conditions as the Administrator may prescribe.
Copies may be furnished to other interested parties as outlined in
§51.41.

(b) [Reserved]

[63 FR 15277, Mar. 31, 1998]

§ 51.22   Disposition of samples.

If it is necessary to take samples of the product to the inspection
office for further examination, the inspector, after completion of
inspection of such samples shall dispose of them or any usable portion as
follows: (a) Ascertain from the applicant if the owner wants the samples
returned to him at his expense, (b) if he does not want them returned at
his expense, give them to a nonsectarian charitable organization or, (c)
if they have a substantial monetary value, sell them and remit the
proceeds to the Agricultural Marketing Service, U.S. Department of
Agriculture, Washington, D.C. 20250, or if applicable, to the cooperating
State Agency. Such proceeds shall be deposited to the credit of the
Inspection Trust Fund, Federal or cooperating agency, whichever is
applicable.

§ 51.23   Report of inspection results prior to
issuance of formal report.

Upon request of an applicant, all or any part of the contents of a
certificate covering an inspection requested by him may be telegraphed or
telephoned to him, or to any person designated by him, at his expense. If
the application for such information is received after the certificate has
been issued, it will be considered as an application for an extra copy of
the certificate, and the fees prescribed in §51.41 shall apply.

Appeal Inspection

§ 51.24   When appeal inspection may be
requested.

An application for appeal inspection may be made by any financially
interested person who is dissatisfied with the results of an inspection as
stated in an inspection certificate, if the lot can be positively
identified by the Inspection Service as the lot which was previously
inspected.

§ 51.25   Where to file for an appeal inspection
and information required.

An appeal inspection may be obtained by the applicant, or other person
financially interested in the product, by filing a request (a) with the
Inspection Office nearest the point where the product is located, or (b)
with the inspector who made the original inspection, or (c) with any
district supervisory inspection office, or (d) with the Administrator. The
application for the appeal inspection shall state the reasons therefor,
and shall be accompanied by a copy of any previous inspection certificate
or inspection report, and any other information which the applicant
received regarding the quality or condition of the product at the time of
the original inspection. Such application may be made orally (in person or
by telephone), in writing, or by telegraph. If made orally, written
confirmation shall be made promptly.

§ 51.26   Record of filing time.

A record showing the date and time of filing an application for appeal
inspection shall be made promptly by the receiving office.

§ 51.27   When appeal inspection may be
refused.

An application for an appeal inspection may be refused if: (a) The
reasons for the appeal inspection are frivolous or not substantial; (b)
the quality or condition of the product has undergone a material change
since the inspection covering the product on which the appeal inspection
is requested; (c) the lot in question is not, or cannot be, made
accessible for the inspection; (d) the lot relative to which appeal
inspection is requested cannot be identified positively by the inspector
as the lot which was previously inspected; or (e) there is noncompliance
with the regulations in this part. Such an applicant shall be notified
promptly of the reason for refusal.

§ 51.28   When an application for an appeal
inspection may be withdrawn.

An application for appeal inspection may be withdrawn by the applicant
at any time before the appeal inspection is performed: Provided,
That the applicant shall pay any travel expenses, telephone, telegraph
or other expenses which have been incurred by the Inspection Service in
connection with such application.

§ 51.29   Order in which made.

Appeal inspections shall be made, as soon as practicable, following the
time requested by the applicant and in the order in which applications are
received. They shall take precedence over all other pending applications,
except applications for inspections covering lots involved in complaints
filed pursuant to the Perishable Agricultural Commodities Act, 1930 as
amended (7 U.S.C. 499a et seq. ).

§ 51.30   Who shall perform appeal
inspections.

Appeal inspections shall be performed by an inspector or inspectors
authorized for this purpose by the Administrator and whenever practical,
such appeal inspections shall be made by two inspectors.

§ 51.31   Appeal inspection certificate.

After an appeal inspection has been completed, an appeal inspection
certificate shall be issued showing the results of such appeal inspection;
and such certificate shall supersede the inspection certificate previously
issued for the product involved. Each appeal inspection certificate shall
clearly identify the number and date of the inspection certificate which
it supersedes. The superseded certificate shall become null and void upon
the issuance of the appeal inspection certificate and shall no longer
represent the quality described therein. The inspector or inspectors
issuing an appeal inspection certificate shall sign the certificate and
forward notice of such issuance to such persons as considered necessary to
prevent misuse of the superseded certificate if the original and all
copies of such superseded certificate have not previously been delivered
to the inspector or inspectors issuing the appeal inspection certificate.
The provisions in the regulations in this part concerning forms of
certificates and issuance of certificates, shall apply to appeal
inspection certificates, except that copies of such appeal inspection
certificates shall be furnished all interested parties who receive copies
of the superseded certificate.

Licensing of Inspectors

§ 51.32   Who may be licensed.

Persons who are employed by a cooperative Federal-State Inspection
Agency and possess adequate qualifications, as determined by such
examinations as the Administrator may consider to be appropriate, may be
licensed as inspectors of products which may be inspected under the
regulations in this part. Such license shall bear the printed signature of
the Secretary and shall be countersigned by an authorized employee of the
Department. A licensed inspector shall perform his duties pursuant to the
regulations in this subpart as directed by the Administrator.

§ 51.33   Application to become a licensed
inspector.

Application to become a licensed inspector shall be made to the
Administrator on forms furnished for that purpose. Each such application
shall be filled in and signed by the applicant in his own handwriting, and
the application shall contain or be accompanied by:

(a) A statement of present address, age, height, and weight of the
applicant;

(b) A statement showing education and present and previous occupations,
together with names of all employers for whom he has worked with periods
of service, during the last 5 years previous to the date of his
application;

(c) A statement by the applicant that he agrees to comply with all
terms and conditions of the regulations in this part relating to the
duties of inspectors; and

(d) Such other information as may be required by the Administrator.

§ 51.34   Suspension or revocation of license of a
licensed inspector.

Pending final action by the Secretary, the Administrator may, whenever
he deems such action necessary, suspend the license of any licensed
inspector issued pursuant to the regulations in this part by giving notice
of such suspension to the respective licensee, accompanied by a statement
of the reasons therefor. Within 10 days after the receipt of the aforesaid
notice and statement of the reasons by such licensee, he may file an
appeal, in writing, with the Secretary, supported by any argument or
evidence that he may wish to offer as to why his license should not be
suspended or revoked. After the expiration of the aforesaid 10-day period
and consideration of such argument and evidence, the Secretary will take
such action as he deems appropriate with respect to such suspension or
revocation. When no appeal is filed within the prescribed 10 days, the
license shall be automatically revoked.

§ 51.35   Surrender of license.

Upon termination of his services as a licensed inspector, or suspension
or revocation of his license, a licensee shall surrender his license
immediately to the office of inspection serving the area in which he is
located. These same provisions shall apply in case of an expired
license.

§ 51.36   Expiration and renewal of license.

An inspector's license issued pursuant to the regulations in this
subpart shall expire on December 31 of each year in which it is issued.
The license of an inspector may be renewed by the issuance of a new
license and the renewal shall subject the inspector to the terms and
conditions of the regulations of this subpart.

[37 FR 11313, June 7, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]

Schedule of Fees and Charges at Destination Markets

§ 51.37   Charges for fees, rates, and
expenses.

For each carlot of product inspected, a fee or rate determined in
accordance with §§51.38 and 51.39, and expenses determined in accordance
with §51.40, shall be paid by the applicant.

[56 FR 55800, Oct. 30, 1991]

§ 51.38   Basis for fees and rates.

(a) When performing inspections of product unloaded directly from land
or air transportation, the charges shall be determined on the following
basis:

(1) Quality and condition inspections of products in quantities of 51
or more packages and unloaded from the same air or land conveyance:

(i) $131 ($151, on or after March 1, 2008) for over a half carlot
equivalent of an individual product;

(ii) $109 ($125, on or after March 1, 2008) for a half carlot
equivalent or less of an individual product;

(iii) $60 ($69, on or after March 1, 2008) for each additional lot of
the same product.

(2) Condition only inspection of products each in quantities of 51 or
more packages and unloaded from the same land or air conveyance:

(i) $109 ($125, on or after March 1, 2008) for over a half carlot
equivalent of an individual product;

(ii) $100 ($115, on or after March 1, 2008) for a half carlot
equivalent or less of an individual product;

(iii) $60 ($69, on or after March 1, 2008) for each additional lot of
the same product.

(3) For quality and condition inspection and condition only inspection
of products in quantities of 50 or less packages unloaded from the same
conveyance:

(i) $60 ($69, on or after March 1, 2008) for each individual
product:

(ii) $60 ($69, on or after March 1, 2008) for each additional lot of
any of the same product. Lots in excess of carlot equivalents will be
charged proportionally by the quarter carlot.

(b) When performing inspections of palletized products unloaded
directly from sea transportation or when palletized product is first
offered for inspection before being transported from the dock-side
facility, charges shall be determined on the following basis:

(1) Dock side inspections of an individual product unloaded directly
from the same ship:

(i) 3.3 (3.8, on or after March 1, 2008) cents per package weighing
less than 30 pounds;

(ii) 5.1 (5.9, on or after March 1, 2008) cents per package weighing 30
or more pounds;

(iii) Minimum charge of $131 ($151, on or after March 1, 2008) per
individual product;

(iv) Minimum charge of $60 ($69, on or after March l, 2008) for each
additional lot of the same product.

(2) [Reserved]

(c) When performing inspections of products from sea containers
unloaded directly from sea transportation or when palletized products
unloaded directly from sea transportation are not offered for inspection
at dock-side, the carlot fees in “a” of this section shall apply.

(d) When performing inspections for Government agencies, or for
purposes other than those prescribed in paragraphs (a) through (c) of this
section, including weight-only and freezing-only inspections, fees for
inspections shall be based on the time consumed by the grader in
connection with such inspections, computed at a rate of $64 ($74, on or
after March 1, 2008) per hour;

Provided, that:

(1) Charges for time shall be rounded to the nearest half hour;

(2) The minimum fee shall be two hours for weight-only inspections, and
one-half hour for other inspections;

(3) When weight certification is provided in addition to quality and/or
condition inspection, a one hour charge shall be added to the carlot
fee;

(4) When inspections are performed to certify product compliance for
Defense Personnel Support Centers, the daily or weekly charge shall be
determined by multiplying the total hours consumed to conduct inspections
by the hourly rate. The daily or weekly charge shall be prorated among
applicants by multiplying the daily or weekly charge by the percentage of
product passed and/or failed for each applicant during that day or week.
Waiting time and overtime charges shall be charged directly to the
applicant responsible for their incurrence.

(e) When performing inspections at the request of the applicant during
periods which are outside the grader's regularly scheduled work week, a
charge for overtime or holiday work shall be made at the rate of $33 for
overtime and $66 for holiday work ($38 for overtime and $74 for holiday
work, on or after March 1, 2008) per hour or portion thereof in addition
to the carlot equivalent fee, package charge, or hourly charge specified
in this subpart. Overtime or holiday charges for time shall be rounded to
the nearest half hour.

(f) When an inspection is delayed because product is not available or
readily accessible, a charge for waiting time shall be made at the
prevailing hourly rate in addition to the carlot equivalent fee, package
charge, or hourly charge specified in this subpart. Waiting time shall be
rounded to the nearest half hour.

[72 FR 41887 , Aug. 1, 2007]

§ 51.39   Fees for appeal inspections.

The fee to be charged to an applicant, including any Government agency,
for appeal inspections on all products shall be at the same rate as those
set forth in this part, except that when a material error is found in the
determination of the original inspection, no fee will be charged.

[56 FR 55800, Oct. 30, 1991]

§ 51.40   Traveling and other expenses.

Costs including travel incurred by the Agricultural Marketing Service
in providing inspection service or appeal inspections may be charged to
the applicant, including any Government agency. These charges shall be
included with the fee for inspection on the bill furnished the
applicant.

[56 FR 55800, Oct. 30, 1991]

§ 51.41   Fees for additional copies of inspection
certificates.

Additional copies of any inspection certificate other than those copies
provided for in §51.21, or copies of official memoranda, may be mailed,
faxed, or otherwise provided to any interested party upon payment of a fee
of $5.00 for each copy.

[56 FR 55800, Oct. 30, 1991]

§ 51.42   Charges for inspection services on a
contract basis.

Irrespective of fees and charges prescribed in the foregoing sections,
the Administrator may enter into contracts with applicants to perform
inspection services pursuant to the regulations in this part and other
requirements as prescribed by the Administrator in such contract, and the
charges for such inspection services provided for in such contracts shall
be on such basis as will reimburse the Agricultural Marketing Service of
the Department for the full cost of conducting such inspection service,
including an appropriate overhead charge to cover as nearly as practicable
administrative overhead expenses, as may be determined by the
Administrator.

§ 51.43   How fees shall be paid.

Fees shall be paid by the applicant in accordance with the directions
on the fee bill furnished him by the billing office, and in advance, if
required by the inspector.

§ 51.44   Disposition of fees.

(a) The fees collected for services rendered shall be disposed of as
follows:

(1) Fees for inspections made by inspectors acting exclusively for the
Agricultural Marketing Service shall be remitted promptly to the
Agricultural Marketing Service.

(2) Fees for inspections made by an inspector acting under a
cooperative agreement with a State or other organization shall be disposed
of in accordance with the terms of such agreement. Such portion of the
fees collected under a cooperative agreement with a State or other
cooperating bodies as may be due the United States shall be remitted to
the Agricultural Marketing Service.

(b) Fees and charges collected pursuant to §§51.40 to 51.41 shall be
remitted to the Agricultural Marketing Service.

(c) Fees and charges collected pursuant to §51.42 shall be disposed of
in accordance with the terms of the contract.

Schedule of Fees and Charges at Shipping Point Areas

§ 51.45   Fees and charges at shipping point
areas.

Fees for inspection performed under cooperative agreements pursuant to
authority contained in any Act of Congress shall be those provided by such
agreements.

Miscellaneous

§ 51.46   Denial of inspection service.

Any or all benefits of the act may be denied any person for any of the
following reasons: (a) Any willful misrepresentation or deceptive or
fraudulent practice made or committed by any person in connection with the
making or filing of an application for inspection service; (b) any
fradulent or unauthorized use, alteration, or imitation of any certificate
issued pursuant to the regulations in this subpart; (c) any interference
with or obstruction of any inspector or official sampler in the
performance of his duties, by intimidation, threat, assault or any other
improper means; or (d) any willful violation of the regulations in this
subpart may be deemed sufficient cause for debarring the person found
guilty thereof from any or all benefits of the acts, after notice and
opportunity for hearing has been accorded him. 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 shall
govern proceedings conducted pursuant to this section.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 60
FR 8464, Feb. 14, 1995]

§ 51.47   Political activity.

All inspectors are forbidden, during the period of their respective
appointments or while holding a valid inspectors' license to take an
active part in political campaigns and a violation by a licensee shall
constitute grounds for revocation of his license. All Federal employees
are subject to the applicable provisions of the Department's
administrative regulations relating to political activity.

§ 51.48   Inspector's identification.

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

§ 51.49   Approved identifications.

(a) Grade marks. The approved shield mark with the appropriate
U.S. grade designation may be used on containers, labels or otherwise
indicated on the package when: (1) The product has been packed under
continuous inspection as provided by the Inspection Service, (2) the plant
in which the product is packed is maintained under good commercial
sanitary practices, and (3) the product has been certified by an inspector
as meeting the requirements of U.S. Grade A, U.S. Grade No. 1, or a higher
U.S. grade as shown within the shield. The shields with approved grade
designation for use shall be similar in form and design to the examples in
figures 1 and 2 of this section.

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(b) Inspection legends. The approved continuous inspection
legends may be used on containers, labels or otherwise indicated on the
package when: (1) The product has been packed under continuous inspection
provided by the Inspection Service, (2) the plant in which the product is
packed is maintained under good commercial sanitary practices, and (3) the
product meets the requirements of such quality, grade, or specification as
may be approved by the Administrator. The continuous inspection legends
approved for use shall be similar in form and design to the examples in
figures 3 and 4.

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(c) Combined grade and inspection legends. The grade marks set
forth in paragraph (a) of this section and illustrated by figures 1 and 2
of this section and the inspection legends set forth in paragraph (b) of
this section and illustrated by figures 3 and 4 of paragraph (b) of this
section may be combined into a consolidated grade and inspection legend
for use on products which meet the requirements of both of these
paragraphs. See figure 5.

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(d) Packer identification. The packer's name and address or
assigned code number or other mark identifying the packer as may be
approved by the Administrator, shall appear on any container bearing grade
marks or inspection legends approved under paragraph (a), (b), or (c) of
this section, as illustrated by the example in figure 6.

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or download PDF

(e) Other identification marks. Products may be inspected on a
lot inspection basis as provided in this part and identified by an
official inspection mark similar in form and design to figure 7 of this
paragraph. The use of this mark or other comparable identification marks
may be required by the Administrator whenever he determines that such
identification is necessary in order to maintain the identity of lots
which have been inspected and certified.

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[38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]

§ 51.50   Custody of official inspection marking
devices.

All official inspection marking devices as shown in figure 6 of §51.49
shall be kept in the custody of the Agricultural Marketing Service and
accurate records shall be kept of these devices. Each inspection office
shall keep a record of the devices assigned to it. Such devices shall be
distributed only to authorized employees of the Department who shall keep
the devices in their official possession or control at all times and keep
complete records of such devices.

§ 51.51   Prohibited uses of approved
identification.

No label or advertising material used on, or in conjunction with any
product, shall bear a brand name, trademark, product name or any other
descriptive material that incorporates, resembles, simulates, or alludes
to any official U.S. Department of Agriculture grade mark, grade
statement, continuous inspection legend, sampling mark or sampling
statement, or combination of one or more thereof.

§ 51.52   Licensing and identification of certain
official devices.

The Administrator may issue licenses permitting the manufacture,
identification, distribution, and sale of any official device designated
as a USDA color standard, defect guide or other similar aid under such
terms and conditions as may be specified by the Administrator. Licenses
shall be available to all persons meeting conditions prescribed by the
Administrator, shall be nonexclusive, and shall be revocable for cause. No
person shall manufacture, identify, distribute or sell any such official
device except at the direction of or under license from the Administrator.
Such official devices may be marked, tagged or otherwise designated with
the prefix “USDA” together with other identifying words or symbols, as
prescribed by the license.

Requirements for Plants Operating Under Continuous Inspection on a
Contract Basis

§ 51.53   Continuous inspections.

Continuous inspection service which is associated with the use of the
approved shield showing the U.S. grade, the approved continuous inspection
legend, or both, on the container may be furnished whenever inspectors are
available, the facilities and conditions are satisfactory for the conduct
of the service, and there is a signed contract between the applicant and
the Department or a cooperative Federal-State Inspection Agency in which
it is agreed that such service will be conducted subject to regulations
governing the inspection and certification of fresh fruits, vegetables,
and other products, contained in this part and any additional and
supplemental instructions issued by the Department or such instructions
issued by a cooperating agency which are not inconsistent with those
issued by the Department.

§ 51.54   Plant survey.

Prior to the inauguration of continuous Federal or Federal-State
Inspection Service on a contract basis, the Administrator will make or
cause to be made a survey and inspection where such service is to be
performed to determine whether the premises, plant and facilities are
suitable and adequate for the performance of such service in accordance
with the regulations in this part, including, but not limited to
requirements contained in §§51.54 through 51.59.

§ 51.55   Premises.

The premises shall be free from conditions objectionable to packing
operations, including, but not limited to litter, waste and refuse within
the immediate vicinity of the plant buildings, excessively dusty roads,
yards or parking lots, and poorly drained areas.

§ 51.56   Buildings and structures.

The packing plant buildings shall be properly constructed and
maintained in a sanitary condition, including, but not limited to the
following requirements:

(a) There shall be sufficient light consistent with the use to which
the particular portion of the building is devoted and to permit efficient
cleaning. The grading belts and bins shall be provided with sufficient
proper nonglaring light to insure adequacy of grading and inspection
operations;

(b) If the product is washed there shall be ample supply of water of a
safe and sanitary quality with adequate facilities for its distribution
throughout the plant and washing machinery;

(c) There shall also be an efficient waste disposal and plumbing system
maintained in good repair;

(d) Each room in which the product is graded or stored shall be
designed and constructed as to insure operating conditions of a clean and
orderly character and shall be maintained in a clean and sanitary manner;
and,

(e) Every practical precaution shall be taken to exclude dogs, cats,
rodents and other vermin from the rooms in which the products are to be
graded or stored.

§ 51.57   Facilities.

Each packing plant shall be equipped with adequate sanitary facilities
and accommodations, including but not being limited to the following:

(a) There shall be a sufficient number of adequately lighted toilet
rooms, ample in size and conveniently located. Toilet rooms shall be
adequately screened and equipped with self-closing doors, and shall have
independent outside ventilation;

(b) Adequate lavatory accommodations and supplies shall be placed at
such locations in or near toilet rooms as to insure the cleanliness of
each person who grades or handles the product to be inspected; and

(c) Suitable facilities for cleaning shall be provided at convenient
locations in the plant.

§ 51.58   Equipment.

All equipment used for receiving, washing, grading, packaging or
storing shall be of such design, material and construction that it may be
kept clean.

§ 51.59   Operations and operating
procedures.

(a) The inspector shall refuse to permit the use of the official shield
with grade mark or continuous inspection legend on packages if the produce
is from a field or orchard having a disease or other condition which may
not be apparent on individual specimens at packing time but which may
cause the product to materially decrease in quality after packing.

(b) All products which are certified shall be subjected to continuous
inspection throughout the packing operations.

(c) The inspectors are available for consultation purposes but shall
not become involved in plant operations.

(d) The Inspection Service will not be responsible for damages
occurring through any act of commission or omission on the part of its
inspectors when engaged in rendering continuous inspection service; for
packing errors or misbranding of products; or for failure to supply enough
inspectors during any period of service provided under the contract.

(e) The applicant for continuous inspection shall:

(1) Conform to all applicable regulations under which the continuous
inspection service is conducted.

(2) Use only raw material which has been handled or stored under
conditions which insures its suitability for packing; maintain the plant
designated herein in such sanitary condition and to employ such methods of
handling raw materials for packing as may be necessary to conform to the
sanitary requirements prescribed in this part.

(3) Not permit any of his marks or labels or buyers' and distributors'
marks or labels applied by him on which reference is made to continuous
inspection to be used on any product not packed under this continuous
inspection service; or permit any of his marks or labels or buyers' and
distributors' marks or labels applied by him on which reference is made to
any U.S. Grade to be used on any product which does not meet the
requirements of such grade; or to supply labels bearing reference to
continuous inspection service to another plant unless the products to
which such labels are to be applied have been packed under continuous
inspection.

(4) Furnish any reports of packaging and output of products inspected,
as may be requested by the inspection agencies.

(5) Make available to inspectors adequate office space in the
designated plant and furnish suitable desks and office equipment for the
proper care of inspection records.

(6) Make his laboratory or other facilities and necessary equipment
available for the use of inspectors in making inspection of samples.

(7) Furnish if required, such stenographic and clerical assistance as
may be necessary in the typing of certificates and reports and the
handling of official correspondence, as well as the labor incident to
drawing of samples and facilitating adequate inspection procedure when
necessary.

(8) Submit to the Chief of the Fresh Products Standardization and
Inspection Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, for approval prior to printing, drawings or printers' proofs of
each packer's or distributor's label bearing or referring in any manner to
official inspection legends or grade marks.

(9) Not make deceptive, fraudulent, or unauthorized use in his
advertising, or otherwise, of the continuous inspection service, the
inspection certificates or reports issued, or the containers on which the
shield of the Department is identified, in connection with the sale of any
of the packaged products; and to submit to the Agricultural Marketing
Service through the inspector assigned to the plant or other
representative of the Inspection Service, for approval to use any proposed
advertising in which reference is made to the Inspection Service.

[32 FR 15066, Nov. 1, 1967, as amended at 38 FR 7448, Mar. 22, 1973.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46
FR 63203, Dec. 31, 1981]

§ 51.60   Termination of contracts.

In case the applicant wishes to terminate the contract he agrees either
to continue the service until all unused containers, labels and
advertising material on hand or in the possession of his supplier bearing
the Department shield, or reference to continuous inspection service have
been used, or to destroy such containers, labels and advertising material,
or to obliterate the Department shield and all other reference to the
continuous inspection service on said containers, labels, and advertising
material, or otherwise furnish assurance satisfactory to the Agricultural
Marketing Service that such containers, labels and advertising material
will not be used in violation of the terms and conditions of this
agreement. In case the continuous inspection service is terminated for
cause by the Agricultural Marketing Service, the applicant agrees to
destroy all unused containers, labels and advertising material on hand
bearing the Department shield, or reference to continuous inspection
service, or to obliterate the Department shield, and all reference to the
continuous inspection service on said containers, labels and advertising
material or otherwise furnish assurance satisfactory to the Agricultural
Marketing Service that such containers, labels and advertising material
will not be used in violation of the terms and conditions of the
agreement.

§ 51.61   Congressional interest in
contracts.

No member of, or delegate to Congress, or Resident Commissioner, shall
be admitted to any share or part of any contract provided for in the
regulations in this subpart or to any benefit that may arise therefrom,
but this provision shall not be construed to extend to such contract if
made with a corporation for its general benefit, and shall not extend to
any benefits that may accrue from the contract to a member of, or delegate
to Congress, or a Resident Commissioner in his capacity as a farmer.

§ 51.62   OMB control numbers assigned pursuant to
the Paperwork Reduction Act.

The information collection requirements contained in this part have
been approved by the Office of Management and Budget (OMB) under the
provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control No.
0581–0125.

(44 U.S.C. Chap. 35)

[49 FR 23826, June 8, 1984]

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