§ 52.39 Issuance of certificate of sampling. 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 Consumer and 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. (a) 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 at the request of the United States, or any agency or instrumentality thereof, shall be at the rate of $8 per hour. (b) Unless otherwise provided in this part, the respective fees for inspection services performed under this part on officially drawn samples shall be based on the applicable rates specified in this section plus the applicable charges for such micro, chemical, and certain other special analyses specified in § 52.47 which may be requested by the applicant or required by the inspector to determine the quality or condition of the processed product. OFFICIALLY DRAWN SAMPLES (1) For sampling, checkloading, condition of container examination or for any related services, or any combination thereof, including travel time as provided for in § 52.51-$8 per hour. (2) For determining the quality and condition of the processed product by examination of the sample, the rate as listed in (1) through (ix) of this subdivision (2) for the applicable method of preservation: (1) Canned or similarly processed fruits and vegetables, except canned pineapple and canned pineapple juice packed and inspected in Puerto Rico. For each lot packed in containers of a volume not exceeding that of a No. 12 size can (603 x 812): (iii) Frozen or similarly processed fruits and vegetables. (a) Frozen products other than corn-onthe-cob: For each lot of 5,000 pounds, or less For each additional 5,000 pounds, or fraction thereof, but not in excess of a total of 100,000 pounds. For each additional 5,000 pounds, or fraction thereof, in excess of a total of 100,000 pounds-(b) Frozen corn-on-the-cob: For each lot of 1,000 dozen ears, or less... For each additional 1,000 dozen ears, or fraction thereof, but not in excess of a total of 10,000 dozen ears $12.00 2.00 1.75 12.00 2.00 fraction thereof, but not in excess of a total of 50,000 pounds----Each additional 2,000 pounds, or fraction thereof, in excess of 50,000 (d) The fee for any inspection service performed on any processed product not included in paragraphs (b) and (c) of this § 52.42 shall be at the rate of $8 per hour for the time (including travel time as provided for in § 52.51) required by the inspector in performing the inspection service. [33 F.R. 9582, July 2, 1968] § 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 F.R. 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. § 52.47 Charges for micro, chemical and certain other special analyses. (a) The applicable charges listed in this section shall be made for micro, chemical, and certain other special analyses which may be requested by the applicant, or required by the inspector to determine the quality or condition of the processed product. When any of these analyses is made at the request of the applicant and is not in connection with an inspection to determine the quality or condition of the product, the applicable charge shall be increased by 50 percent. (b) The following charges, as applicable, shall be made for listed analyses which are requested by the applicant and are not in connection with an inspection service to determine the quality or condition of the product; however no such charge shall be made when the analyses are in connection with an inspection to determine the quality or condition of the product: Brix reading (refractometric or spin- Brix reading (double dilution). Tough string test (green and Salt (NaCl)-direct titration___ Soluble method $4.00 8.00 4.00 4.00 wax 4.00 solids (refractometric Total solids (refractometric method)- 4.00 Color determination of extracted [33 F.R. 9583, July 2, 1968] 8.00 4.00 § 52.48 Fees and charges not otherwise provided for; and situations when hourly rate required. With respect to any inspection service for which no applicable fee or charge is set forth in this part, or when the inspection service performed is such that applicable fees and charges would be inadequate or inequitable, the total fees and charges shall be based upon the time consumed by the inspector in performance of such inspection service at the rate of $8 per hour. [33 F.R. 9583, July 2, 1968] § 52.49 Charges for copies of score sheets. If the applicant for inspection service requires 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 performed at a charge of $4 per copy. [33 F.R. 9584, July 2, 1968] § 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 $4 for each seven (7), or fewer, copies. Notice of proposed rule making, public procedure thereon, and the postponement of the effective time of this action later than July 15, 1968 (5 U.S.C. 553), are impracticable, unnecessary, and contrary to the public interest in that (1) the Agricultural Marketing Act of 1946 provides that the fees charged shall be reasonable and as nearly as may be cover the cost of the service rendered; (2) the increase in the fee and charges is necessary to more nearly cover such cost including, but not limited to, increased salaries, beginning in July, to Federal employees required by recent legislation; (3) it is imperative that such increase in fees and charges become effective in time to cover such increased costs; and (4) additional time is not required by users of the inspection service to comply with this amendment. [33 F.R. 9584, July 2, 1968] § 52.51 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, including appeal inspections: Provided, That, if charges for sampling or inspection are based on an hourly rate, an additional hourly charge may be made for travel time including time spent waiting for transportation as 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 service on a contract basis. (a) Irrespective of fees and charges prescribed in foregoing sections, the Administrator may enter into contracts with applicants to perform continuous inspection services or other 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 Consumer and 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, 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 Consumer and Marketing Service of the Department for the full cost of rendering such inspection service in-cluding 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 the administration of a similar program operated pursuant to the laws of any State. (c) 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. MISCELLANEOUS § 52.53 Approved identification. (a) Grade marks. The approved grade mark or identification may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements (b) Inspection marks. The approved inspection marks may be used on containers, labels or otherwise indicated for any processed product that (1) has been packed under continuous inspection as provided in this part to assure compliance with the requirements for wholesomeness established for the raw product and of sanitation established for the preparation and processing operations, and (2) has been certified by an inspector as meeting the requirements of such quality or grade classification as may be approved by the Administrator. The inspection marks approved for use shall be similar in form and design to the examples in Figures 6, 7, and 8 of this section. |