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(d) Approved plant-lot inspection grade marks. Processed products that are produced in an approved plant and inspected and certified by an inspector on a lot basis may be labeled with an official grade mark, not in a shield design, such as is illustrated by marks (1) and (2) of figure 10. Failure to have all lots, bearing such official marks, inspected and certified shall be cause for the debarment of services and such other actions as provided for in the Agricultural Marketing Act of 1946.
OF U.S. DEPT. OF AGRICULTURE)
(1) U. S. GRADE A (
U.S. DEPARTMENT OF AGRICULTURE
(f) Removal of labels bearing approved grade or inspection marks (figures 1 through 8). (1) At the time & lot of processed products, bearing approved grade or inspection marks (figures i through 8) is found to be mislabeled, the processor shall separate and retain such lot for relabeling. Removal and replacement of labels shall be done, under the supervision of a USDA inspector within ten (10) consecutive calendar days or within such period of time as may be mutually agreed by the processor and USDA.
(2) The processor shall be held accountable to the Department for all mislabeled products until the products have been properly labeled.
(3) Clearance for the release of the relabeled product shall be obtained, by the processor, from the inspector.
(g) Licensing and identification of certain official devices. The Administrator may issue licenses permitting the manufacture, identification, and sale of any oficial device designated as a USDA color standard, defect guide or other similar aid under such terms and conditions as may be specified by the Administrator. Licenses shall be available to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be recoverable for cause. No person shall manufacture, identify, distribute or sell any such official device except at the direction of or under license from the Administrator. Such oficial devices may be marked, tagged or otherwise designated with the prefix “USDA” together with other identifying words or symbols, as prescribed by the license.
(h) Prohibited uses of approved identification. Except as specified in this section, no label or advertising material used upon, or in conjunction, with a processed product, as defined by these Regulations, shall bear a brand name, trademark, product name, company name, or any other descriptive material that incorporates, resembles, simulates, or alludes to, any official U.S. Department of Agriculture certificate of quality or loading, grade mark, grade statement (except honey and maple syrup which may bear such grade mark or statement), continuous inspection mark, continuous inspection statement, sampling mark or sampling statement, or combinations of one or more thereof. [38 FR 25169, Sept. 12, 1973, as amended at 40 FR 48934, Oct. 20, 1975) $ 52.54 Debarment of service.
(a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. The rules of practice governing withdrawal of inspection and grading services set forth in 7 CFR Part 50 shall be applicable to such debarment action.
(1) Fraud or misrepresentation. Any misrepresentation or deceptive or fraudulent practice or act found to be made or committed in connection with:
(1) The making or filing of an application for any inspection service;
(ii) The submission of samples for inspection;
(ill) The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part;
(iv) The use of the words “Packed under continuous inspection of the U.S. Department of Agriculture," any legend signifying that the product has been officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product;
(v) The use of a facsimile form which simulates in whole or in part any oficial U.S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product.
(2) Wilful violation of the regulations in this subpart. Wilful violation of the provisions of this part of the Act. (3) Interfering with an inspector, inspector's aide, or licensed sampler. Any interference with, obstruction of, or attempted interference with, or attempted obstruction of any inspector, inspector's aide, or licensed sampler in the performance of his duties by intimidation, threat, assault, bribery, or any other means-real or imagined. (38 FR 25170, Sept. 12, 1973) 8 52.55 Political activity.
Al Inspectors and licensed samplers are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, are prohibited. This applies to all appointees or licensees, including, but not limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Wilful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees. $ 52.56
[Reserved) $ 52.57 Compliance with other laws.
None of the requirements in the regulations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing establishments and to processed food products. $ 52.58 Identification.
Each Inspector and licensed sampler 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 person. REQUIREMENTS FOR PLANTS TO BE AP
PROVED AND FOR PLANTS USING CONTRACT
SOURCE: $ $ 52.81 to 52.83, 38 FR 25170, Sept. 12, 1973, unless otherwise noted.
8 52.81 Plant survey.
Prior to a plant being approved, or the inauguration of in-plant inspection services, and at such intervals as may be deemed necessary or appropriate, the Administrator will make, or cause to be made, a survey and inspection of the plant where such inspection services are to be performed to determine whether the plant and methods of operation are suitable and adequate for the performance of such service in accordance with:
(1) The regulations in this part, including, but not limited to, the requirements contained in 88 52.81 through 52.83; and
(2) The terms and provisions of any contract pursuant to which the service is to be performed: Provided, That, such survey (s) shall be repeated at least yearly. $ 52.82 Basis of survey and plant in
spection. The plant survey and inspection will be based on the Regulations issued under the Federal Food, Drug, and Cosmetic Act>Human Foods; Good Manufacturing Practice (Sanitation) in Manufacture, Processing, Packing, or Holding (21 CFR, Part 128)--as may be modified or augmented by the Federal Food and Drug Administration, U.S. Department of Health, Education, and Welfare or the Administrator of the Agricultural Marketing Service. 8 52.83 Reporting results of the plant
survey and inauguration of inspection
services. (1) Results of the plant survey shall be reported in writing to a designated plant official.
(2) When the plant meets the requirements for the survey, inspection services may be inaugurated at a time mutually satisfactory to the plant management and USDA.
(3) When the plant fails the requirements of the survey, contract services shall be withheld until corrective action is completed to the satisfaction of the USDA. 'Subpart-U.S. Standards for Inspection
by Variables AUTHORITY: Sec. 205, 60 Stat. 1090, as amended (7 U.S.C. 1624).
SOURCE: $ $ 52.201 to 52.210 appear at 38 FR 10447, Apr. 27, 1973, unless otherwise noted.
1 Compliance with the above requirements does not excuse failure to comply with all applicable sanitary rules and regulations of city, county, State, Federal, or other agencles having jurisdiction over such plants and operations.
PURPOSE, OPTIONS, REQUIREMENTS $ 52.201 Purpose.
The purpose of these standards is to:
(a) Designate and define symbols and terminology associated with statistical quality control;
(b) Prescribe a procedure for collecting and recording data that is adaptable to use for statistical quality control; and
(c) Provide a statistical procedure for determining compliance of a variable, which may be any measurable product characteristic, with a specified requirement. $ 52.202 Options.
These standards provide for three options, any one of which may be applied to determine compliance of a variable. These options are based on procedures employing the use of:
(a) Conventional averages;
(c) Moving averages. $ 52.203 Requirements for application.
These standards are written in general terms to be applied to any variable. Therefore, in order to use these standards it will be necessary to predetermine:
(a) The sampling allowance code;
DEFINITIONS $ 52.204 Definitions.
Statistical and inspection symbols and terms and their respective definitions which are pertinent to the understanding and application of these standards fol. low.
(a) Symbols defined. LRL—The lower reject limit for individual measurements. The lowest value an individual measurement may have without causing the production to be rejected for failure to meet prescribed requirements for individual measurements.
LRL-The lower reject limit for subgroup averages or medians. The lowest value the average or median of a subgroup may have without causing the production to be rejected for fallure to meet prescribed requirements for subgroup averages.
LWL-The lower warning limit for in. dividual measurements. This value serves as a warning point that the production may have reached a level where the chances of subsequently finding an individual measurement that will fall below the LRL have increased to a degree that the production may be in danger of rejection.
LWL7—The lower warning limit for subgroup averages or medians. This value serves as a warning point that the quality of the production may have reached a level where the chances of subsequently finding a subgroup average or median that will fall below LRL: have increased to a degree that the production may be in danger of rejection.
m-The number of subgroups in & sample.
Mi—The median of all the individual measurements in a subgroup.
Mi-The median of all the individual measurements or subgroup medians (MI) in a sample.
n—The total number of sample units or measurements in a sample, n=(m) (ns).
ns-The number of sample units or measurements in a subgroup.
RMA range of measurements, the dif. ference between the highest measurement and lowest measurement within & subgroup.
R-The average range of all the subgroup ranges.
R'-A specified average range value. Rmax-A specified maximum range for a subgroup.
S~The standard deviation of the individual measurements.
sx-The standard deviation of the averages.
URL>The upper reject limit for individual measurements. The highest value an individual measurement may have without causing the production to be rejected for failure to meet prescribed requirements for individual measurements.
URL_The upper reject limit for subgroup averages or medians. The highest value the average or median of a subgroup may have without causing the production to be rejected for failure to meet prescribed requirements for sub. group averages.
UWL—The upper warning limit for individual measurements. This value serves as a warning point that the quality
of the production may have reached a
5+7+3 Example: X=
=5.00 level where the chances of subsequently
3 finding an individual measurement that
=4.67 will exceed the URL have increased to a
3 degree that the production may be in
3+4+6 danger of rejection.
3 UWLx—The upper warning limit for subgroup averages or medians. This value Moving range. The difference beserves as a warning point that the quality tween the highest measurement and of production may have reached a level lowest measurement within a subgroup where the chances of subsequently find
from which moving average is ing a subgroup average or median that obtained. will exceed the URL-have increased to One-sided specification. A specificaa degree that the production may be in tion with rejection limits applicable to danger of rejection.
only one side of the specified lot average. X-The value of an individual meas- When only lower reject limits apply, the urement for a variable.
term “low-sided specification" may be X—The average of all individual used. When only upper reject limits measurements in a subgroup.
apply, the term "high-sided specificaX'max—A specified maximum lot aver- tion" may be used. age value.
Two-sided specification. A specificaI'max adjusted—I'max plus a sampling tion with both upper and lower rejection allowance.
limits applicable. I'min-A specified minimum lot aver- Sample. Any number of sample units age value.
to be used for inspection of a lot. X'min adjusted I'min minus a sampling Sample unit. A container, the entire allowance.
contents of a container, a portion of the
contents of a container, a composite -The arithmetic mean of all the
mixture of a product, or any other unit individual measurements in a sample.
of container or commodity to be used When the average is calculated for each
for inspection. subgroup in a sample for conventional
Sampling allowance. The amount averages,
is also the average of the that the sample quality may deviate from subgroup averages.
the lot quality due solely to the fact that (b) Terms defined. Average.—The only a portion has been taken from the arithmetic mean of two or more values; whole lot. the sum of all measurements divided by Subgroup. Generally a small group of the number of measurements.
sample units representing a portion of a Median. The median is the middle sample. The term "subgroup” is synonyvalue with respect to magnitude of all mous with the term "sample" when the the individual measurements when the sample contains only one subgroup. number of individual measurements is Variable. Any measurable product odd. When the number of individual characteristic. measurements is even and arranged ac- [38 FR 10447, Apr. 27, 1973; 38 FR 12729, cording to magnitude, the median is the May 15, 1973) arithmetic mean of the two middle
§ 52.205 Records. Moving average. A scheme under which a series of consecutive measure- (a) General. Records required for ments are made until such number use in the implementation of these equals the subgroup size; the average is standards consist of a data sheet, rethen determined and recorded; as new ferred to as an “X and R data sheet," data is collected from continuing pro- on which numerical values are recorded duction, the first measurement of the and/or a control chart on which certain subgroup is dropped, the next new value numerical values are recorded in the is added, and a new average is calcu- form of plottings. It is desirable to use lated; this process of adding new meas- both forms. The control chart may be urements, dropping the oldest measure- incorporated on the same sheet with the ment in the subgroup, and calculating X and R data sheet. However, one of the average on the new data is continued these forms may be used in lieu of both throughout the production.
as desired at the option of the packer.