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Each inspector and each licensed sampler shall prepare and sign a certificate of sampling to cover the samples drawn by the respective person, except that an inspector who inspects the samples which he has drawn need not prepare a certificate of sampling. One copy of each certificate of sampling prepared shall be retained by the inspector or licensed sampler (as the case may be) and the original and all other copies thereof shall be disposed of in accordance with the instructions of the Administrator.

§ 52.40 Identification of lots sampled.

Each lot from which officially drawn samples are selected shall be marked in such manner as may be prescribed by the Administrator, if such lots do not otherwise possess suitable identification. FEES AND CHARGES

§ 52.41

Payment of fees and charges.

Fees and charges for any inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of the regulations in this part, and, if so required by the person in charge of the office of inspection serving the area where the services are to be performed, an advance of funds prior to rendering inspection service in an amount suitable to the Administrator, or a surety bond suitable to the Administrator, may be required as a guarantee of payment for the services rendered. All fees and charges for any inspection service performed pursuant to the regulations in this part shall be paid by check, draft, or money order payable to the Agricultural Marketing Service and remitted to the office of inspection serving the area in which the services are performed, within ten (10) days from the date of billing, unless otherwise specified in a contract between the applicant and the Administrator, in which latter event the contract provisions shall apply.

§ 52.42 Schedule of fees.

Unless otherwise provided in a written agreement between the applicant and the Administrator, the fee for any inspection service performed under the regulations in this part, including analy

ses specified in Section 52.47, shall be at the rate of $17.40 per hour.

[40 FR 47753, Oct. 10, 1975]

§ 52.43 Fees to be charged and collected for sampling when performed by a licensed sampler.

Such sampling fees as are specifically prescribed by the Administrator in connection with the licensing of the particular sampler (which fees are to be prescribed in the light of the sampling work to be performed by such sampler and other petinent factors) may be assessed and collected by such licensed sampler directly from the applicant: Provided, That if such licensed sampler is an employee of a State, the appropriate authority of that State may make the collection, or they may be assessed and collected by the office of inspection serving the area where the services are performed.

§ 52.44 Inspection fees when charges for sampling have been collected by a licensed sampler.

For any lot of processed products from which a sample is drawn by a licensed sampler and the applicable sampling fee is collected by the licensed sampler or appropriate authority, as provided in § 52.43, the fees for other inspection services with respect to such lot shall not include charges for sampling.

[33 F.R. 9583, July 2, 1968]

§ 52.45 Inspection fees when charges for sampling have not been collected by a licensed sampler.

For any lot of processed products from which a sample is drawn by a licensed sampler and the sampling fee is not collected by the licensed sampler or the appropriate authority, as provided in § 52.43, the fees and charges for inspection services with respect to such lot shall be the applicable fees and charges prescribed in § 52.42.

[33 FR. 9583, July 2, 1968]

§ 52.46 Fee for appeal inspection.

The fee to be charged for an appeal inspection shall be at the rates prescribed in this part for other inspection services: Provided, That, if the result of any appeal inspection made for any applicant, other than the United States or any agency or instrumentality thereof, discloses that a material error was made in the inspection on which the appeal is made, no inspection fee shall be assessed.

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[38 FR 1640, Jan. 17, 1973, as amended at 40 FR 47753, Oct. 10, 1975]

§ 52.48 Charges for plant survey and inspection.

(a) The fees to be charged for a plant survey and inspection shall be at the rates prescribed in §§ 52.42 and 52.51.

(b) Fees charged for plant survey and inspection under section 52.42 of this part will be credited back to plants entering into an inspection contract with AMS within 60 days of the survey.

[38 FR 25168, Sept. 12, 1973]

§ 52.49 Charges for copies of score sheets.

If the applicant for inspection service requests one or more copies of a score sheet referable to the processed product covered thereby, he may obtain such copies from the inspector in charge of the office of inspection serving the area where the service was preformed at a charge of one-half hour per copy: Provided, That no charge shall be made for one copy if requested in connection with the request for inspection.

[38 FR 1640, Jan. 17, 1973]

§ 52.50 Charges for additional copies of inspection certificates.

Charges for additional copies of inspection certificates issued in accordance with § 52.21 may be supplied to any interested party at a charge for such copies at the rate of one-half hour for each seven (7), or fewer, copies.

[38 FR 1640, Jan. 17, 1973]

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well as time spent traveling, but not to exceed eight hours of travel time for any one person for any one day: And provided further, That, if travel is by common carrier, no hourly charge may be made for travel time outside the employee's official work hours.

§ 52.52

Charges for inspection services on a contract basis.

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

(b) Irrespective of fees and charges prescribed in the foregoing sections, or in this section, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with any administrative agency charged with the administration of a marketing agreement or a marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.) for the making of inspections pursuant to said agreement or order on such basis as will reimburse the Agricultural Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator. Likewise, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with an administrative agency charged with an administration of a similar program operated pursuant to the laws of any State.

(c) Charges for year-round in-plant inspection services on a contract basis will be billed to the applicant at least once each 28 days for all hours worked

with a minimum of 40 hours per week, holiday pay and night differential for each inspector assigned to perform the inspection services in accordance with the following schedules:

(1) For personnel assigned on a yearround basis: Each inspector-$13.40 per hour.

(2) For personnel assigned on less than a year-round basis:

Each inspector-$15.40 per hour. Each subordinate inspector on the same shift with an inspector-$11.40 per hour.

(3) Travel expense. No reporting charges will be made for regular full time inspection personnel assigned under a year-round in-plant contract; Provided; That, per diem and/or mileage will be charged when paid to each inspector assigned during those periods the regularly assigned inspector(s) are taking annual and compensatory leave.

(4) Holiday pay. An eight (8) hour charge will be made for each person assigned at their regular hourly rate. When work is performed an additional hour at the regular hourly rate will be charged for each hour worked.

(5) Night differential. A 10 percent night differential charge will be made for all work performed between the hours of 6 p.m. and 6 a.m.

(6) Overtime. All overtime hours will be charged at the regular rates specified herein rather than at an increased rate.

(d) Charges for less than year-round in-plant inspection services on a contract basis will be billed to the applicant at least once each 28 days for all hours with a minimum of 40 hours per week, holiday pay and night differential for each inspector assigned to perform the inspection services in accordance with the following schedules:

(1) Each inspector-$19.40 per hour. (2) Travel expense. The above rates apply to hours worked on the assignment. The salary for inspectors enroute and other travel expenses including per diem will not be billed for inspectors assigned on this contract.

(3) Holiday pay. An eight (8) hour charge will be made for each person assigned at their regular hourly rate. When work is performed an additional hour at the regular hourly rate will be charged for each hour worked.

(4) Night differential. A 10 percent night differential will be charged for all work performed between the hours of 6 p.m. and 6 a.m.

(5) Overtime. All overtime hours will be charged at the regular rates specified herein rather than at an increased rate.

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

[38 FR 25168, Sept. 12, 1973, as amended at 40 FR 47753, Oct. 10, 1975; 40 FR 57206, Dec. 8, 1975]

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§ 52.53

MISCELLANEOUS

Approved identification.

(a) General. Use of the approved identification marks described and illustrated in figures 1 through 10 of this section is restricted to processed products that:

(1) Are clean, safe, and wholesome; (2) Have been produced in an approved plant;

(3) Are truthfully and accurately labeled;

(4) Meet the quality requirements for U.S. Grade C or better;

(5) Meet applicable fill weight and/ or drained weight, condition of container criteria, Brix or other characteristics of a commodity related to market value; and

(6) Have been certified, or have been inspected and are eligible for certification, by an inspector; and, in addition, meet the specific requirements stated in paragraphs (b), (c), and (d) of this section.

(b) Inspection (Continuous) grade and inspection marks. The official marks approved for use by plants operating under USDA continuous inspection service contracts shall be similar in form and design to the examples in figure 1 through 10 of this section: Provided, That the official marks illustrated by figures 8 and 9 are limited to products packed by plants operating under an approved Quality Assurance type of inspection contract: And provided further, That the inspection marks illustrated in figures 1 through 4 may only be used on products packed by plants operating under USDA continuous inspection.

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