(1) obtained a certificate through fraud or misrepresentation of a material fact; (2) falsified the records required to be kept by § 135.12; or (3) failed to keep such records, or to make them available, or to accord full opportunity to make inventory of stocks on hand or otherwise to check the correctness of such records, as required by such section, (7) the advance deposit prescribed by § 135.15 (b) (2). (b) If the Secretary determines, after such investigation as he considers to be necessary, that— (1) such color is harmless and suitable for use in foods, drugs, and cosmetics, or in drugs and cosmetics, or in externally applied drugs and cosmetics; (2) practical and accurate methods of the Secretary may immediately suspend analysis exist for the quantitative deterservice to such person under this part, mination of the pure dye and all interand may continue such suspension un-mediates and other impurities contained less and until such person shows ade-in such color; and quate cause why such suspension should be terminated.*† (3) practical and accurate methods exist for the identification of such dye $135.14 Procedure for admitting col- in food, drugs, and cosmetics colored ors to listing. (a) An application for therewith, or in drugs and cosmetics the admission of a coal-tar color to list-colored therewith, the Secretary, for the ing in § 135.3, § 135.4, or § 135.5 shall be accompanied by (1) full reports of investigations which are adequate to show whether or not such color is harmless and suitable for use in food, drugs, and cosmetics, or in drugs and cosmetics, or in externally applied drugs and cosmetics, as the case may be; purpose of listing such color in § 135.3, § 135.4, or § 135.5, shall proceed with a proposed amendment to this part as prescribed by section 701 (e) of the Act. (c) If the Secretary, after such investigation as he considers to be necessary, determines that such color does not comply with the requirements laid down by paragraph (b) of this section with re (2) a full statement of the percent-spect to procedure for the purpose of listages and compositions of the pure dye and all intermediates and other impurities contained in such color; ing such color in § 135.3, § 135.4, or § 135.5, the Secretary shall give notice thereof to the applicant, stating the respects in which such color does not so comply.*† (3) a full statement showing the identity, purity, and quantity or proportion of each intermediate and other article § 135.15 Fees. (a) (1) The fee for used as a component of such color, and the service provided by this part, in the all steps in the process used for the man-case of each request for certification subufacture of such color; mitted in accordance with § 135.8 (b), shall be $15. (4) a full description of practical and accurate methods of analysis for the quantitative determination of the pure dye and of all intermediates and other impurities contained in such color; (5) a full description of practical and accurate methods for the identification of such dye in food, drugs, and cosmetics colored therewith, or in drugs and cosmetics colored therewith; (6) a 5-pound sample of such color (unless the Food and Drug Administration authorizes or requires submission of other quantity suitable to the need for investigation) taken from a batch produced under practical manufacturing conditions, and accurately representative of such batch; and (2) The fee for the service provided by this part, in the case of each request for certification submitted in accordance with § 135.8 (c) or (d), shall be $8. (b) (1) The fee for the service provided by this part, in the case of each application for the admission of a coal-tar color to listing in § 135.3, § 135.4, or § 135.5, shall be the cost incurred by the Department in making the investigations contemplated by § 135.14 (b) and (c). (2) Such application shall be accompanied by an advance deposit of $500 to cover such fee, and thereafter advance deposits of the same amount (unless the Food and Drug Administration authorizes deposit in other amount) shall be made whenever necessary to prevent arrears in the payment of such fee. Any excess advance deposit so made shall be returned to the applicant after the close of such investigation; (c) All fees required by this part should be paid by money-order, bank draft or certified check, drawn to the order of the Treasurer of the United States, collectible at par, at Washington, D. C. (d) All earned fees shall be deposited in the Treasury of the United States to the credit of Miscellaneous Receipts, Department of Agriculture.**++ Sec. 155.0 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 PART 155-CANNED SHRIMP Application for inspection service. General operating conditions. Processing. Examination after canning. Certificates of inspection; warehous- Suspension, withdrawal, and ers binding each to be jointly and severally liable for the payment of all fees and deposits required for such establishment by § 155.12.*† * §§ 155.0 to 155.13, inclusive, issued under the authority contained in sec. 10A, 49 Stat. 871; 21 U.S.Č., Sup., 372a. The source of §§ 155.0 to 155.13, inclusive, shrimp, Secretary of Agriculture, June 12, is Regulations for the inspection of canned 1939, effective July 1, 1939; 4 FR. 2397. § 155.1 Granting or refusing inspection service; cancellation of application. (a) The Secretary of Agriculture may grant the inspection service applied for when he determines that the establishment covered by such application complies with the requirements of § 155.5. (b) The Secretary may refuse to grant the inspection service at any establishment for cause. In case of refusal he shall notify the applicant of the reason therefor and shall return to such applicant the payment which accompanied the application, less any expenses incurred by the Administration for preliminary inspection of the establishment, or for other purposes incident to such application. (c) The applicant, by giving written notice to the Secretary, may withdraw his application for inspection service before an inspector is assigned to the estabter-lishment. In case of such withdrawal, the Secretary shall return to such applicant the payment which accompanied the application, less any expenses incurred by the Administration for preliminary inspection of the establishment, or for other purposes incident to such application.*† § 155.0 Application for inspection service. (a) Applications for inspection service on canned shrimp under the provisions of section 10A of the Federal Food and Drugs Act (which remains in force and effect and is applicable to the provisions of the Federal Food, Drug, and Cosmetic Act) shall be on forms supplied by the Food and Drug Administration. A separate application shall be made for each inspection period in each establishment in which the service is applied for. Each application for an initial inspection period shall be accompanied by bank draft or certified check drawn to the order of the Treasurer, United States, for $360, as prescribed by § 155.12. § 155.2 Inspection periods. (a) The initial inspection period in each establishment in which inspection service under this part is granted shall be 9 months. Extension inspection periods, each of which shall begin at the close of the preceding inspection period, may be granted in such establishment if application therefor, accompanied by a deposit of $120 as prescribed by § 155.12. is made at least 2 weeks in advance of the close of such preceding inspection (b) An application by two or more period: Provided, That upon request by packers for inspection service in one es- the packer and with the approval of tablishment to be jointly or severally the Administration, such service during operated by them shall be accompanied any inspection period may be transby an agreement signed by such pack-ferred from one establishment to another For statutory and source citations, see note to § 135.1. to be operated by the same packer; but | lishment any canned shrimp which has such transfer shall not serve to lengthen not been so inspected; but this paraany inspection period or to take the place of an extension inspection period. In case of such transfer the packer shall furnish all necessary transportation of inspectors. (b) Each initial inspection period shall begin on or after July 1, but not later than September 15, of each year. No extension inspection period shall extend beyond June 30 of any year. (c) The date of the beginning of each initial inspection period shall be regarded as the date specified for the beginning of the service in the application therefor, or such other date as may be specified by amendment to such application and approved by the Administration; but if the Secretary is not prepared to begin the service on the specified date, the date of the beginning of such period shall be regarded as the date on which the service is begun. (d) Inspection service shall be continuous throughout the inspection periods, except that, where the canning of shrimp is suspended as a result of the enforcement of State conservation laws, the inspection service may be withdrawn for the period of suspension or any part thereof. An inspection period in which such a withdrawal occurs shall be length ened to compensate for the time of withdrawal.*+ § 155.3 Assignment of inspectors. (a) An initial assignment of at least one inspector shall be made to each establishment in which inspection service under this part is granted. Thereafter the Administration shall adjust the number of inspectors assigned to each establishment to the number required for continuous and efficient inspection. graph shall not apply to an establishment after termination of inspection service therein as authorized by § 155.13. (b) All shrimp delivered to or held in an establishment shall be subject to inspection, but certificates of inspection shall be issued under this part only on canned shrimp.*† § 155.5 General requirements for plant and equipment. (a) All exterior openings of the cannery shall be adequately screened, and roofs and exterior walls shall be tight. When necessary, fly traps or other approved insect control devices shall be installed. (b) Picking and packing rooms shall be separate, and fixtures and equipment thereof shall be so constructed and arranged as to permit thorough cleaning. Such rooms shall be adequately lighted and ventilated, and the floors thereof shall be tight and arranged for thorough cleaning and proper drainage. Blanching tanks shall not be located in picking room. Open drains from picking room shall not enter packing or blanching room. If picking and packing rooms are not be more than 100 yards apart unless in separate buildings, such buildings shall adequate provisions are made to enable efficient inspection. (c) All surfaces of tanks, belts, tables, flumes, utensils, and other equipment with which either picked or unpicked shrimp come in contact after delivery to the establishment, shall be of metal other than lead, or of other nonporous and easily cleanable material. Metal seams shall be smoothly soldered. (d) Adequate supplies of steam and of clean, unpolluted running water shall be (b) Any inspector of the Administra-provided for washing, cleaning, and otherwise maintaining the establishment in a sanitary condition. tion shall have free access at all times to all parts of the establishment and to all fishing and freight boats and other conveyances catching shrimp for, or transporting shrimp to, such establishment.*+ (e) Adequate toilet facilities of sanitary type shall be provided. (f) An adequate number of sanitary § 155.4 Uninspected shrimp excluded wash basins, with liquid or powdered from inspected establishments. (a) No soap, shall be provided in both the pickestablishment to which inspection serv- ing and packing rooms. Paper towels ice on canned shrimp has been granted shall be provided in the packing room. shall at any time thereafter can shrimp (g) Signs requiring employees hanwhich has not been inspected under this dling shrimp to wash their hands after part, or handle or store in such estab-each absence from post of duty shall be The case which houses conspicuously posted in the picking and | thermometer. packing rooms and elsewhere about the the charts and recording mechanism cannery as conditions require. shall be provided with an approved lock, all keys to which shall be in the sole custody of the inspector. (h) Suitable space and facilities shall be provided for the inspector to prepare records and examine samples, and for the safekeeping of records and equipment. (4) A pressure gauge of a range from 0 to 30 pounds with scale divisions not greater than 1 pound. Such gauge shall be connected to the chamber of the retort by a short gooseneck tube. The (i) One or more suitable washing devices and one or more suitable inspection belts shall be installed for the wash-gauge shall be not more than 4 inches ing and subsequent inspection of the higher than the gooseneck. shrimp before delivery to the picking tables. (j) Suitable containers, flumes, chutes, or conveyors shall be provided for removal of offal from picking room. (k) Picking tables shall be equipped with flumes supplied with clean, unpolluted water for removing the picked shrimp. (1) Equipment shall be provided for code marking cans or other immediate containers. (m) An automatic container counting device shall be installed in each cannery line. (n) Each processing retort shall be fitted with at least the following equip ment: (1) An automatic control for regulating temperatures. (2) An indicating mercury thermometer of a range from 170° F. to 270° F. with scale divisions not greater than 2°. For steam cook such thermometers shall be installed either within a fitting attached to the shell of the retort or within the door or shell of the retort. For water cook such thermometers shall be installed in the door or shell of the retort below the water level. If the thermometer is installed within a fitting such fitting shall communicate with the chamber of the retort through an opening at least 1 inch in diameter. Such fitting shall be equipped with a bleeder at least oneeighth inch in diameter. If the thermometer is installed within the door or shell of the retort the bulb shall project at least two-thirds of its length into the principal chamber thereof. (5) For steam cook, a blow-off vent of at least three-fourths inch inside diameter in the top of the retort. (6) For steam cook, a one-eighth inch bleeder in top of retort. (7) For steam cook, a baffle plate in the base of retort, unless retort baskets with perforated base plates are provided.*+ § 155.6 General operating conditions. (a) The decks and holds of boats catching shrimp for, or transporting shrimp to, an inspected establishment, and the bodies of other conveyances so transporting shrimp shall be kept in a sanitary condition. When necessary the shrimp shall be iced down immediately after they are caught, and shall be kept adequately refrigerated until delivery to cannery. (b) Canneries, cannery freight boats, and other cannery conveyances shall accept only fresh, clean, sound shrimp. (c) After delivery of each load of shrimp to the cannery, decks and holds of each boat and the body of each other conveyance making such delivery shall be washed down with clean, unpolluted water and all debris shall be cleaned therefrom before such boat or other conveyance leaves the cannery premises. (d) Before picking the shrimp shall be washed with clean, unpolluted water and then passed over the inspection belt and culled to remove all shrimp that are filthy, decomposed, putrid, or otherwise unfit for food, and all extraneous material. (e) Offal from picking tables shall not be piled on the floor, but shall be placed in suitable containers for frequent removal, or shall be removed by flumes, conveyors, or chutes. (3) A recording thermometer of a range from 170° F. to 270° F. with scale (f) Shrimp shall not be picked into divisions not greater than 2°. The bulb cups but shall be picked into flumes of such thermometer shall be installed as which immediately remove the picked prescribed for the indicating mercury meats from the picking tables. (g) Picked shrimp being transported | liness, and shall not knowingly employ from one building to another before en-in or about the establishment any perclosure in the can or other immediate son afflicted with infectious or contagious container shall be properly covered and disease. protected against contamination. (h) From the time of delivery to the cannery up to the time of final processing, shrimp shall be handled expeditiously and under such conditions as to prevent contamination or spoilage. (i) The packer shall immediately destroy for food purposes all shrimp in his possession condemned by the inspector as filthy, decomposed, putrid, or otherwise unfit for food. Shrimp condemned on boat or unloading platform shall not be taken into the ice box or picking room. (n) Offal, debris, or refuse from any source whatever, shall not be allowed to accumulate in or about the establishment.*† § 155.7 Code marking. (a) Code marks shall be affixed to all cans and other immediate containers before they are placed in the processing retorts. Such marks shall show at least (1) the date of packing, (2) the establishment where packed, and (3) the size of the shrimp when such shrimp were graded for size and are not in containers through which they are clearly visible. (b) Keys to all code marks shall be given to the inspector. (j) All portions of the establishment shall be adequately lighted to enable the inspector to perform his duties properly. (c) Each lot shall be stored separately (k) All floors and other parts of the pending final inspection. For the purestablishment, including unloading plat-poses of this part all cans or other imforms, and all fixtures, equipment, and mediate containers bearing the same utensils shall be cleaned as often as may code mark shall be regarded as combe necessary to maintain them in sani-prising a lot.*† tary condition. (1) The packer shall require all employees handling shrimp to wash their hands after each absence from post of duty. § 155.8 Processing. (a) The closure of the can or other immediate container and the time and temperature of processing the canned shrimp shall be adequate to prevent bacterial spoilage. (b) The following processes shall be (m) The packer shall require all employees to observe proper habits of clean-employed for the containers indicated: |