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port". The inspector shall not issue a certificate on such canned shrimp nor shall the packer distribute it within the jurisdiction of the United States. The packer shall furnish the inspector documentary evidence showing exportation of all such shrimp. No canned shrimp packed under the provisions of this section shall be stored in any warehouse in the United States elsewhere than on the premises where such shrimp was packed, except on written permission of the Chief of the Food and Drug Administration Station within whose territory such warehouse is located.*+ [Reg. 10 (d)]
1.117 Movement from an inspected establishment. No canned shrimp shall be moved from an inspected establishment, except for destruction for food purposes under the immediate supervision of the inspector, or for storage authorized under $ 1.115, or for export authorized under $ 1.116, until a certificate for such shrimp has issued. No canned shrimp stored under the authority of $ 1.115 shall be moved from the warehouse where stored, until a certificate or export permit therefor has issued.*+ [Reg. 10 (e)]
1.118 Access of inspectors to establishments and shipping records. Inspectors shaīl have free access at all times to all parts of any establishment to which they are assigned and to freight and fishing boats and other conveyances supplying shrimp to such establishment. The packer shall keep for at least one year a record of shipments from each lot of canned shrimp identified by a code mark, and upon request of the inspector shall furnish the shipping records thereon.** (Reg. 11]
1.119 Assignment of inspectors. (a) Except as provided by (b) and (c) of this section, an initial assignment of one or more inspectors shall be made to each establishment granted inspection under the regulations in this subpart. Thereafter the Food and Drug Administration shall adjust the number of inspectors assigned to any establishment, or to any organization formed under the authority of (c) of this section, to the number required for continuous and efficient inspection.
(b) Upon the agreement of packers operating two or more neighboring establishments of small output to receive shrimp and operate such establishments at different specified times, and with the approval of the Food and Drug Administration, one inspector may be assigned to such establishments. The agreement shall bind each packer party thereto not to receive or handle any shrimp in his establishment except when an inspector is present in such establishment, and to be jointly and severally liable for the fees required by § 1.121. Applications for such joint inspection shall be submitted by each packer party to the agreement and shall be accompanied by a signed copy of such agreement, which shall specify the time each such packer will operate his establishment. For the purposes of § 1.121 the packers party to such agreement shall be regarded as one packer with one establishment.
(c) Upon the organization of packers operating a group of establishments in any locality under an agreement for cooperative inspection, and with the approval of the Food and Drug Administration, any number of inspectors requested by such organization may
**For statutory and source citations, see note to s 1.101. * For statutory and source citations, see note to g 1.101.
be initially assigned to such group of establishments. Applications for such cooperative inspection shall be submitted by each packer party to the agreement and shall be accompanied by a signed copy of such agreement, which shall designate an officer of the organization who shall be solely responsible for the apportionment of inspection service in the establishment of members of the organization. Such officer shall furnish means for any necessary transportation of inspectors between establishments. The agreement shall bind each packer party thereto not to receive or handle any shrimp in his establishment except when an inspector is present in such establishment, and to be jointly and severally liable for the fees required by $ 1.121. For the purposes of $ 1.121 each organization formed under
8 the authority of this paragraph shall be regarded as one packer with one establishment.
(d) Applications by two or more packers for inspection of one establishment to be jointly or severally operated by them shall be accompanied by an agreement signed by such packers binding each to be jointly and severally liable for the fees required by § 1.121. For the purpose of § 1.121 the packers party to such agreement shall be regarded as one packer.** (Reg. 12 (a)-(d)]
1.120 Periods of inspection. (a) Inspection shall be continuous for the entire inspection period; except that, upon application by the packer or by any organization formed under the authority of § 1.Î19 (c) or (d), and with the approval of the Food and Drug Administration, any inspection period may be divided between one continuous subperiod in the fall season and one continuous subperiod in the spring season.
(b) The initial inspection period shall be for 6 months. In order to allow for the preparation of necessary facilities and the employment of competent personnel to maintain an adequate and efficient inspection service all initial inspection periods shall begin not later than September 15 of any year. All inspection periods or extensions of such periods shall terminate not later than June 30 of each year.** [Reg. 12 (e), (f)]
1.121 Inspection fees. (a) The packer shall pay to the Treasurer of the United States a fee of 5 cents for each case of canned shrimp packed by him during the initial inspection period; but in no case shall the payment be less than $100 for each month of such period.
(b) An initial payment of $300 shall accompany the application for inspection, or renewal thereof, as provided by $ 1.101. A second payment of $300 shall be made immediately after packing 5,000 cases, but in no event later than 2 months after the date specified in the application for the beginning of inspection: Provided, That if the Department of Agriculture is not prepared to begin inspection until after the date specified in the application, the second payment of $300 shall be made not later than 2 months after the date on which inspection is begun.
(c) When any packer desires extension of the inspection period in any establishment beyond 6 months, but in no case beyond June 30 of any year, he shall apply therefor on a form provided by the Food and Drug Administration. The packer shall pay to the Treasurer of the United States a fee of 5 cents for each case of canned shrimp packed by him during the extended inspection period; but in no case shall the payment be less than $100 for each month's extension desired. Application for an extended inspection period shall be accompanied by a payment to the Treasurer of the United States of $100 for each month's extension desired: Except, That when such extension is for a period of 3 or more months, payment of one-half the prescribed fee may accompany the application; payment of the second half shall then be made immediately after packing 2,000 cases, but in no event later than 1 month after the date specified in the application for the beginning of such extension : Provided, That any excess fees paid under (d) of this section remaining to the credit of the packer at the time an extended inspection period is approved may be applied, upon a written request by the packer, to the payments required for extension: Provided further, That if because of curtailed production, or for other cause, the fees prescribed in this paragraph, together with the fees collected under (a) of this section and any available sum appropriated by Congress toward the expense of this service, are not sufficient to defray the costs of the inspection service during the extended inspection period, the Department of Agriculture, after due notice to the packer, may require such increase as may be deemed necessary in the minimum monthly fee and the fee for each case of canned shrimp packed during the extension period.
(d) The packer shall make advance payments of any additional fees required under (a) of this section whenever necessary to prevent arrears in payment of such fees. Each such payment shall be not less than $250 unless the Food and Drug Administration on an estimate of probable output authorizes payment in other amount. The Treasurer of the United States will refund to the packer, after termination of the inspection period, any excess payment so made.
(e) If unlabeled canned shrimp is stored and expense is thereafter incurred in the final inspection of such shrimp for the purpose of issuing a certificate or export permit thereon, the packer shall pay to the Treasurer of the United States a fee to cover all expenses for salary, travel, or subsistence, incurred in such inspection, in accordance with the regulations of the Department of Agriculture.
(f) All payments required by the regulations in this subpart shall be by New York draft, certified check or cashier's check, drawn to “Treasurer, United States". All such drafts or checks, except for the fees required by $ 1.101, shall be delivered to the inspector for transmission to the Treasurer of the United States.
(g) For the purposes of this section a case of canned shrimp shall be 48 No. 1 cans (211 x 400), or the equivalent thereof.
(h) When any packer desires emergency inspection service for a period during which no sea food inspector is available therefor, the Food and Drug Administration may assign temporarily for such service any available food and drug inspector upon payment by the packer to the Treasurer of the United States a fee to cover all expenses for salary, travel, and subsistence, incurred in the temporary
assignment, in accordance with the regulations of the Department of Agriculture.* [Reg. 13, June 8, 1937, 2 F.R. 991, as amended Nov. 9, 1937, 2 F.R. 2410]
1.122 Suspension and termination of inspection. (a) The Food and Drug Administration may suspend and the Secretary of Agriculture may withdraw inspection in any establishment (1) upon failure of the packer to comply with any provision of the regulations in this subpart, or (2) upon the dissemination by the packer or his agent of any representation which is false or misleading in any particular regarding canned shrimp packed under the inspection service provided by the regulations in this subpart.
(b) When inspection is suspended or withdrawn in any establishment under authority of (a) of this section, the Treasurer of the United States will not refund any balance of advance fees paid for such establishment, nor will the Department of Agriculture, in case of suspension of inspection, lengthen the inspection period to compensate for time lost while the suspension is enforced.
(c) The packer, on or after June 30 of any year, but before the resumption of packing thereafter, may terminate inspection under the regulations in this subpart by giving written notice of such termination to the Secretary of Agriculture.*+ [Reg. 14]
SUBPART-REQUIREMENTS FOR CANNED FOODS
Regulations of the Bureau of Agricultural Economics relating to canned fruits
and vegetables and canned food warehouses: See Agriculture, 7 CFR Parts 52, 110.
GENERAL REQUIREMENTS 1.201 General form of statement required on canned foods of substandard quality and condition. Except as otherwise provided in the individual standards, the form of statement for canned foods which fall below the standards of quality and condition shall consist of (a) the NAME of the product and (b) immediately above or below and parallel therewith, à LEGEND in the following form: A rectangular box with solid border not less than 6 points in width, containing as a FIRST LINE the words "Below U. S. Standard", and as a SECOND LINE the words "Good Food-Not High Grade”. Border and type shall be on a strongly contrasting, uniform background. Type shall be Cheltenham bold condensed caps, and for containers under 1 pound net weight the first line 12 point, the second line 8 point; for larger containers the first line 14 point, the second line 10 point. The space between the border and the type, and between the lines, shall not be less than the type face of the first line, and the length of the first line shall be not less than 2 inches.**** (Req. 1]
**88 1.201 to 1.254, inclusive, issued under the authority contained in sec. 8, par. 5, Food and Drug Act, as added by 46 Stat. 1019; 21 U.S.C. 10.
**The source of 88 1.201 to 1.254, inclusive, is SRA, FD 4, rev. 4, Secretary of Agriculture, July 12, 1937; 2 F.R. 1198.
1.202 Special forms of statements required on canned foods of substandard quality and condition; printed statements. (a)
**For statutory and source citations, see note to 8 1.101.
Page 33 Page 34
When special statements, instead of the statement prescribed in § 1.201, are provided under the several standards, the special statement, in each case, shall be printed on a strongly contrasting, uniform background, in caps of a size not less than specified below:
(1) For containers under 1-pound net weight, 12-point boldface.
12) For containers of 1-pound net weight or over, 14-point boldface.
(b) The name of the article shall not appear in any place on the label or container except as part of the special statement.** [Req. 3]
1.203 Pictorial representations on canned food of substandard quality and condition. If a picture of the article is used on any part of the label, the appropriate statement provided under the several standards shall appear immediately above or below such picture.*+ [Req. 4]
1.204 Standard fill of canned food. Canned food is of standard fill when neither the head space nor the amount of water, brine, sugar solution, or other packing medium is excessive.** [Req. 6]
. 1.205 Meaning of terms. (a) "Head space" is the distance from
(“ the bottom of the cover of the container to the highest point of the product. It is "excessive” when it exceeds 10 percent of the inside height of the container: Provided, That no head space shall be considered excessive which does not exceed one-fourth inch.
(b) “Product” means all of the material present in the can.** [Req. 7]
1.206 Determination of head space. (a) With the exception of products described in (b) of this section, head space is determined by direct measurement immediately after opening the container.
(b) With products which consist of distinct units with little or no liquid packing medium so that there is considerable decrease in volume due to softening and packing together of the units in processing, head space is determined after pouring out contents from container (breaking apart lumps if necessary), pouring them back and leveling the surface as well as possible without moving the container or pressing downward on the contents. Canned foods are considered to have "little or no liquid packing medium” when the product is of such a nature that, when drained for 2 minutes on a 8-mesh sieve, not more than 10 percent of the total net contents pass through the sieve. Dry pack shrimp and vacuum packed corn are examples of products of this character.*+ [Req. 8]
1.207 Excessive packing medium. Packing medium above the maximum amount permitted by the various specific standards shall be deemed excessive.** [Req. 9]
1.208 General form of statement required on canned foods of substandard fill of container. Canned foods which fail to meet the standard for fill of container shall bear the statement, in the form and manner prescribed in § 1.201, except that the second line of the legend shall be:
(a) In the case of excessive head space: "SLACK FILL”.
(b) In the case of excessive packing medium: "CONTAINS EXCESS ADDED LIQUID".*+ [Req. 10]
**For statutory and source citations, see note to 8 1.201.