etary value, sell them and remit the proceeds to the Agricultural Marketing Service. Such proceeds shall be deposited to the credit of the inspection trust fund in order partially to cover the inspection costs.

[22 F. R. 4061, June 11, 1957; 23 F. R. 8043, Oct. 18, 1958]

§ 51.22 Advance information. 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

§ 51.23 When appeal may be taken. An application for appeal inspection may be made whenever any financially interested person is dissatisfied with the determination stated in the original certificate.

§ 51.24 How to obtain. 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 appeal 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 or in writing, or by telegraph or telephone. If made orally or by telephone, the application shall be confirmed in writing.

§ 51.25 Record of filing time. A record showing the date and time of filing an application shall be made promptly by the receiving office.

§ 51.26 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 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.

§ 51.27 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.

§ 51.28 Order in which made. Appeal inspections shall be made, insofar as practicable, at 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 inspections covering lots involved in complaints filed pursuant to the Perishable Agricultural Commodities Act, 1930 (7 U. S. C. 499a et seq.).

§ 51.29 Who shall make appeal inspections. Appeal inspections shall be made by an inspector or inspectors designated therefor by the Administrator and whenever practical, such appeal inspections shall be made by two inspectors.

§ 51.30 Appeal findings. The inspector or inspectors making an appeal inspection shall sign and issue an appeal inspection certificate, which shall supersede and refer specifically to the original inspection certificate from which the appeal was taken, and contain a statement as to the quality or condition of the product, as determined by the appeal inspection. In all other respects the provisions of §§ 51.5 to 51.22, insofar as applicable, shall apply to appeal inspection certificates, except that if the applicant for appeal inspection is not the original applicant, a copy of the appeal inspection certificate shall be mailed to the original applicant. All appeal inspection findings shall be referred to the Administrator for final decision before an appeal inspection certificate is issued.

§ 51.31 Superseded certificates. When an original inspection certificate shall have been superseded by an appeal inspection certificate, such original inspection certificate shall not thereafter represent the quality or condition of the product described therein. If the original and all copies of the superseded certificate have not previously been submitted to the person receiving the application for appeal inspection, the officer issuing the superseding certificate shall forward notice of such issuance and of the superseding of the original certificate to such persons as he considers necessary to prevent fraudulent use of the superseded certificate.

[22 F. R. 4061, June 11, 1957]

LICENSED INSPECTORS

§ 51.32 Who may be licensed. Persons possessing 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 licenses 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 these regulations 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 five years previous to the date of his application;

(c) A statement by the applicant that he agrees to comply with all the 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 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 7 days after the receipt of the aforesaid notice and statement of 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 7 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 seven 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.

FEES AND CHARGES (DESTINATION MARKETS) § 51.36 Amount of fees, rates, and charges. For each lot of products inspected, a fee and expenses, determined in accordance with §§ 51.37 to 51.40 shall be paid by the applicant.

§ 51.37 Basis for charges. (a) The fee for each lot of products inspected by a salaried inspector acting exclusively for the Department, except for peanuts, pecans, and other nuts, shall be on the following basis: (1) For an inspection covering quality and condition, $12.00 when the quantity involved is more than one-half of a carload of the customary size for such products in the area from which shipped but not more than a full carload, and $8.00 when the quantity involved is not more than one-half of such carload, but the maximum fee for any carload not exceeding the customary size which contains more than one kind of a product shall be $24.00; (2) For an inspection covering condition-only, $10.00 when the quantity involved is more than one-half of a carload of the customary size for such products in the area from which shipped but not more than a full

carload, and $7.00 when the quantity involved is not more than one-half of such carload, but the maximum fee for condition-only inspection of any carload not exceeding the customary size which contains more than one kind of a product shall be $20.00; (3) When any lot involved is in excess of a carload the quantity shall be calculated in terms of carloads and fractions thereof of the customary size for such carloads and carload rates aforesaid applied: Provided, That such fractions shall be calculated in terms of fourths or next higher fourths.

(b) Base fee for peanuts, pecans, or other nuts. The base fee for peanuts (shelled), pecans, or other nuts shall be $15.00 for each lot of the customary carload size for such products in the area from which shipped: Provided, That the fee shall be adjusted on an approximately proportional basis to determine the fee for any size lot which is smaller or larger than a carload of the customary size based either on number of pounds or number of containers: And provided further, That the minimum fee shall be $10.00 per lot, the different grades and varieties of peanuts shall be considered separate lots, and the fee for Farmers' stock peanuts (unshelled) shall be $1.50 per ton.

(c) When inspections are made on which formal certificates are not issued, as provided in § 51.19, or when the products inspected cannot readily be calculated in terms of carlots or when samples are drawn, or when the services rendered are such that a charge on the carlot basis would be inadequate or inequitable, charges for inspection may be based on the time consumed by the inspector in connection with such inspections, computed at the rate of $4.50 per hour, or the charges may be based on the number of pounds or number of containers in the lot inspected, if such charges are in substantial conformity with the hourly or carload rate.

(d) Whenever inspections are performed at the request of the applicant on Saturdays, Sundays, holidays or at any other periods which are outside the inspector's regular scheduled workweek, the charge for inspection shall be $2.25 per hour or portion thereof per inspector in addition to the regular commercial lot or hourly fees specified in this subpart. [23 F. R. 4773, June 28, 1958]

§ 51.38 Fees under cooperative agreement. Fees for inspections made under cooperative agreements pursuant to authority contained in any act of Congress shall be those provided by such agreements.

§ 51.39 Fees for appeal inspections. Fees for appeal inspections on all products shall be at the same rate as those set forth in § 51.37, except that when it is found that there was a material error in the determination based upon the original inspection no fee will be charged, and except that appeal inspection for Government agencies shall be on the hourly basis prescribed in § 51.37, plus traveling and other expenses authorized to be charged by the provisions in § 51.40.

§ 51.40 Traveling, and other expenses. Such further charges may be made for traveling expenses and other items paid or incurred by the Agricultural Marketing Service in connection with an inspection made at a place where no inspector is located, or appeal inspection where the services of a second inspector are required, as will reimburse the Agricultural Marketing Service. These charges shall be included with the fee for inspection on the bill furnished the applicant.

§ 51.41 Fees for additional copies of inspection certificates. Additional copies of any inspection certificate other than those provided for in § 51.21, may be supplied to any interested party upon payment of a fee of $2.25 for each set of 5, or less, copies.

§ 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 bases 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, may be determined by the Administrator.

as

§ 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 inspector, and in advance, if required by the inspector.

§ 51.44 Disposition of fees. (a) The fees covered by §§ 51.37 to 51.39 shall be disposed of as follows:

(1) Fees for inspections made by salaried 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 organizations 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 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. Such portion of the fees collected under a contract which may be due the United States shall be remitted to the Agricultural Marketing Service.

FEES AND CHARGES (SHIPPING AREAS)

§ 51.45 Schedule of fees. In the absence of specific provisions therefor contained in cooperative agreements entered into pursuant to § 51.38, the fees to be charged and collected for any inspection service performed in shipping areas shall be based on the applicable rates specified in this section.

(a) Base fee for fruits and vegetables. The base fee shall be $10.00 per carload of the customary size for the products in the area from which shipped: Provided, That the base fee shall be adjusted on an approximately proportional basis to determine the fee for any lot which is smaller or larger than a carload of the customary size, based either on the number of pounds or the number of containers.

(b) Additional fee for multiple products. An additional fee of $0.50 (fifty cents) per commodity shall be charged whenever the lot inspected consists of more than one fruit or vegetable: Provided, That the total fee for the inspection of such a lot shall not exceed $12.50.

(c) Additional fee for certified weight or count. An additional fee of $2.00 per lot shall be charged for determining certified weight and $1.00 per lot shall be charged for determining certified count.

(d) Base fee for peanuts, pecans, or other nuts. The base fee for peanuts (shelled), pecans, or other nuts shall be $15.00 for each lot of the customary carload size for such products in the area from which shipped: Provided, That the fee shall be adjusted on an approximately proportional basis to determine the fee for any size lot which is smaller or larger than a carload of the customary size based either on number of pounds or number of containers: And provided further, That the minimum fee shall be $10.00 per lot, the different grades and varieties of peanuts shall be considered separate lots, and the fee for farmers' stock peanuts (unshelled) shall be $1.50 per ton.

(e) Minimum fee. The minimum fee for performing any inspection shall be $2.00 regardless of the size of the lot involved.

[21 F. R. 9553, Dec. 4, 1956, as amended at 23 F. R. 4773, June 28, 1958]

§ 51.46 Additional charges for inspections performed at night, Sundays, or holidays. Whenever inspections are performed at the request of the applicant between the hours of 6 o'clock p. m. and 6 o'clock a. m., on Sundays or on holidays, the charge for inspection shall be $2.00 per hour or portion thereof per inspector in addition to the regular lot fees specified in this subpart.

§ 51.47 Charges for inspection service on a contract basis. Irrespective of the fees and charges prescribed in §§ 51.45 and 51.46, the Administrator may enter into contracts with applicants to perform inspection services for the purpose of establishing prescribed minimum charges for specified periods of time whenever the Administrator determines that the regular lot fees will not reimburse the Agricultural Marketing Service for the full cost of rendering such inspection services: Provided, That the fees and charges actually levied shall in no event be less than the regular lot fees per carload or per ton specified in this subpart.

§ 51.48 Inspections for government agencies. Unless otherwise provided in a written agreement between the appli

cant and the Administrator, the fees to be charged for any inspection service performed at the request of the United States or of any State, or any agency or instrumentality thereof, shall be at the rate of $4.00 per hour.

§ 51.49 Travel and other expenses. Charges may be made to cover the cost of travel and other expenses incurred in connection with the performance of any inspection service.

§ 51.50 Fees for additional copies of certificates. Additional copies of any inspection certificate, other than those provided in § 51.21, may be supplied to any interested party upon payment of a fee of $2.25 for each set of five, or less, copies.

51.51 Payment of fees. Fees shall be paid by the applicant in accordance with directions on the fee bill furnished him by the inspector. Either payment in advance or an advance of funds or surety bond in an amount suitable to the Administrator may be required prior to rendering inspection service.

MISCELLANEOUS

§ 51.52 Fraud or misrepresentation. Any willful misrepresentation or any deceptive or fraudulent practice found to be made or committed by any person in connection with: (a) The making or filing of an application for any inspection service; (b) the making of the produce accessible for sampling or inspection; (c) the use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part; (d) the use of a facsimile form which simulates, in whole or in part, any official certificate authorized to be used under the regulations in this part for the purpose of purporting to evidence the U. S. grade of any product; (e) any other violation of the provisions of section 203 (h) of the Agricultural Marketing Act of 1946, as amended by Pub. Law 272, 84th Cong. (see § 51.3); or (f) any other willful violation of the regulations in this part, or supplementary rules or instructions issued by the Administrator, may be deemed sufficient cause for debarring such person from any or all benefits of the act.

§ 51.53 Political activity. All inspectors are forbidden, during the period of their respective appointments or licenses to take an active part in political man

agement or 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 regulation relating to political activity.

§ 51.54 Interfering with an inspector. Any further benefits of the act may be denied any applicant or other interested party, who, either personally or through an agent or representative, interferes with or obstructs, by intimidation, threats, assault, or in any other manner, an inspector in the performance of his duties.

§ 51.55 Compliance with other laws. None of the requirements in the regulations of this part shall excuse failure to comply with any Federal, State, County, or municipal laws applicable to products covered in the regulations in this part.

§ 51.56 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 per

son.

§ 51.57

Approved identifications. (a) The approved grade shield 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 Department or by a Federal-State 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 grade shield approved for use shall be similar in form and design to the examples in Figures 1 and 2 of this section.