{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 354 sorted by section_id", "rows": [["44:44:1.0.1.6.88.0.10.1", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.1 Purpose.", "FEMA", "", "", "", "This part establishes the methodology for FEMA to assess and collect user fees from Nuclear Regulatory Commission (NRC) licensees of commercial nuclear power plants to recover at least 100 percent of the amounts that we anticipate to obligate for our Radiological Emergency Preparedness (REP) Program as authorized under Title III, Public Law 105-276, 112 Stat. 2461, 2502. Public Law 105-276 established in the Treasury a Radiological Emergency Preparedness Fund, to be available under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.), and under Executive Order 12657 (3 CFR, 1988 Comp., p. 611), for offsite radiological emergency planning, preparedness, and response. Beginning in fiscal year 1999 and thereafter, the Administrator of FEMA must publish fees to be assessed and collected, applicable to persons subject to FEMA's radiological emergency preparedness regulations. The methodology for assessment and collection of fees must be fair and equitable and must reflect the full amount of costs of providing radiological emergency planning, preparedness, response and associated services. Our assessment of fees include our costs for use of agency resources for classes of regulated persons and our administrative costs to collect the fees. Licensees deposit fees by electronic transfer into the Radiological Emergency Preparedness Fund in the U.S. Treasury as offsetting collections."], ["44:44:1.0.1.6.88.0.10.2", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.2 Scope of this regulation.", "FEMA", "", "", "", "The regulation in this part applies to all persons or licensees who have applied for or have received from the NRC:\n\n(a) A license to construct or operate a commercial nuclear power plant;\n\n(b) A possession-only license for a commercial nuclear power plant, with the exception of licensees that have received an NRC-approved exemption to 10 CFR 50.54(q) requirements;\n\n(c) An early site permit for a commercial nuclear power plant;\n\n(d) A combined construction permit and operating license for a commercial nuclear power plant; or\n\n(e) Any other NRC licensee that is now or may become subject to requirements for offsite radiological emergency planning and preparedness."], ["44:44:1.0.1.6.88.0.10.3", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.3 Definitions.", "FEMA", "", "", "", "The following definitions of terms and concepts apply to this part:\n\nBiennial exercise  means the joint licensee/State and local government exercise, evaluated by FEMA, conducted around a commercial nuclear power plant site once every two years in conformance with 44 CFR part 350.\n\nEPZ  means emergency planning zone.\n\nFederal Radiological Preparedness Coordinating Committee (FRPCC)  means a committee chaired by FEMA with representatives from the Nuclear Regulatory Commission, Environmental Protection Agency, Department of Health and Human Services, Department of Interior, Department of Energy, Department of Transportation, Department of Agriculture, Department of Commerce, Department of State, Department of Veterans Affairs, General Services Administration, National Communications System, the National Aeronautics and Space Administration and other Federal departments and agencies as appropriate.\n\nFEMA  means the Federal Emergency Management Agency.\n\nFiscal Year  means the Federal fiscal year, which begins on the first day of October and ends on the thirtieth day of September.\n\nNRC  means the U. S. Nuclear Regulatory Commission.\n\nObligate  or  obligation  means a legal reservation of appropriated funds for expenditure.\n\nPersons  or  Licensee  means the utility or organization that has applied for or has received from the NRC:\n\n(1) A license to construct or operate a commercial nuclear power plant;\n\n(2) A possession-only license for a commercial nuclear power plant, with the exception of licensees that have received an NRC-approved exemption to 10 CFR 50.54(q) requirements;\n\n(3) An early site permit for a commercial nuclear power plant;\n\n(4) A combined construction permit and operating license for a commercial nuclear power plant; or\n\n(5) Any other NRC license that is now or may become subject to requirements for offsite radiological emergency planning and preparedness activities.\n\nPlume pathway EPZ  means for planning purposes, the area within approximately a 10-mile radius of a nuclear plant site.\n\nRAC  means Regional Assistance Committee chaired by FEMA with representatives from the Nuclear Regulatory Commission, Environmental Protection Agency, Department of Health and Human Services, Department of Energy, Department of Agriculture, Department of Transportation, Department of Commerce, Department of Interior, and other Federal departments and agencies as appropriate.\n\nREP  means Radiological Emergency Preparedness, as in FEMA's REP Program.\n\nSite  means the location at which one or more commercial nuclear power plants (reactor units) have been, or are planned to be built.\n\nSite-specific services  mean offsite radiological emergency planning, preparedness and response services provided by FEMA personnel and by FEMA contractors that pertain to a specific commercial nuclear power plant site.\n\nTechnical assistance  means services provided by FEMA to accomplish offsite radiological emergency planning, preparedness and response, including provision of support for the preparation of offsite radiological emergency response plans and procedures, and provision of advice and recommendations for specific aspects of radiological emergency planning, preparedness and response, such as alert and notification and emergency public information.\n\nWe, our, us,  means and refers to FEMA."], ["44:44:1.0.1.6.88.0.10.4", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.4 Assessment of fees.", "FEMA", "", "", "", "(a)(1) We assess user fees from licensees using a methodology that includes charges for REP Program services provided by both our personnel and our contractors. Beginning in FY 1995, we established a four-year cycle from FY 1995-1998 with predetermined user fee assessments that were collected each year of the cycle. The following six-year cycle will run from FY 1999 through FY 2004. The fee for each site consists of two distinct components:\n\n(i) A  site-specific, biennial exercise-related component  to recover the portion of the REP program budget associated only with plume pathway emergency planning zone (EPZ) biennial exercise-related activities. We determine this component by reviewing average biennial exercise-related activities/hours that we use in exercises conducted since the inception of our REP user fee program in 1991. We completed an analysis of REP Program activities/hours used during the FY 1991-1995 cycle at the end of that four-year cycle. We will make adjustments to the site-specific user fees for the next proposed FY 1999-2004 six-year cycle.\n\n(ii) A  flat fee component  that is the same for each site and recovers the remaining portion of the REP Program budgeted funding that does not include biennial exercise-related activities.\n\n(2) We will assess fees only for REP Program services provided by our personnel and by our contractors, and we will not assess fees for those services that other Federal agencies involved in the FRPCC or the RAC's provide.\n\n(b)  Determination of site-specific, biennial exercise-related component for our personnel.  We will determine an average biennial exercise-related cost for our personnel for each commercial nuclear power plant site in the REP Program. We base this annualized cost (dividing the average biennial exercise-related cost by two) on the average number of hours spent by our personnel in REP exercise-related activities for each site. We will determine the average number of hours using an analysis of site-specific exercise activity spent since the beginning of our user fee program (1991). We determine the actual user fee assessment for this component by multiplying the average number of REP exercise-related hours that we determine and annualize for each site by the average hourly rate in effect for the fiscal year for a REP Program employee. We will revise the hourly rate annually to reflect actual budget and cost of living factors, but the number of annualized, site-specific exercise hours will remain constant for user fee calculations and assessments throughout the six-year cycle. We will continue to track and monitor exercise activity during the six-year cycle, FY 1999-2004. We will make appropriate adjustments to this component to calculate user fee assessments for later six-year cycles.\n\n(c)  Determination of site-specific, biennial exercise-related component for FEMA contract personnel.  We have determined an average biennial exercise-related cost for REP contractors for each commercial nuclear power plant site in the REP Program. We base this annualized cost (dividing the average biennial exercise-related cost by two) on the average costs of contract personnel in REP site-specific exercise-related activities since the beginning of our user fee program (1991). We will continue to track and monitor activity during the initial six-year cycle, FY 1999-2004, and we will make appropriate adjustments to this component for calculation of user fee assessments during subsequent six-year cycles.\n\n(d)  Determination of flat fee component.  For each year of the six-year cycle, we recover the remainder of REP Program budgeted funds as a flat fee component. Specifically, we determine the flat fee component by subtracting the total of our personnel and contractor site-specific, biennial exercise-related components, as outlined in paragraphs (a) and (b) of this section, from the total REP budget for that fiscal year. We then divide the resulting amount equally among the total number of licensed commercial nuclear power plant sites (defined under 354.2) to arrive at each site's flat fee component for that fiscal year.\n\n(e)  Discontinuation of charges.  When we receive a copy from the NRC of their approved exemption to 10 CFR 50.54(q) requirements stating that offsite radiological emergency planning and preparedness are no longer required at a particular commercial nuclear power plant site, we will discontinue REP Program services at that site. We will no longer assess a user fee for that site from the beginning of the next fiscal year."], ["44:44:1.0.1.6.88.0.10.5", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.5 Description of site-specific, plume pathway EPZ biennial exercise-related component services and other services.", "FEMA", "", "", "", "Site-specific and other REP Program services provided by FEMA and FEMA contractors for which FEMA will assess fees on licensees include the following:\n\n(a)  Site-specific, plume pathway EPZ biennial exercise-related component services.  (1) Schedule plume pathway EPZ biennial exercises.\n\n(2) Review plume pathway EPZ biennial exercise objectives and scenarios.\n\n(3) Provide pre-plume pathway EPZ biennial exercise logistics.\n\n(4) Conduct plume pathway EPZ biennial exercises, evaluations, and post exercise briefings.\n\n(5) Prepare, review and finalize plume pathway EPZ biennial exercise reports, give notice and conduct public meetings.\n\n(6) Activities related to Medical Services and other drills conducted in support of a biennial, plume pathway exercise.\n\n(b)  Flat fee component services.  (1) Evaluate State and local offsite radiological emergency plans and preparedness.\n\n(2) Schedule other than plume pathway EPZ biennial exercises.\n\n(3) Develop other than plume pathway EPZ biennial exercise objectives and scenarios.\n\n(4) Pre-exercise logistics for other than the plume pathway EPZ.\n\n(5) Conduct other than plume pathway EPZ biennial exercises and evaluations.\n\n(6) Prepare, review and finalize other than plume pathway EPZ biennial exercise reports, notice and conduct of public meetings.\n\n(7) Prepare findings and determinations on the adequacy or approval of plans and preparedness.\n\n(8) Conduct the formal 44 CFR part 350 review process.\n\n(9) Provide technical assistance to States and local governments.\n\n(10) Review licensee submissions pursuant to 44 CFR part 352.\n\n(11) Review NRC licensee offsite plan submissions under the NRC/FEMA Memorandum of Understanding on Planning and Preparedness, and NUREG-0654/FEMA-REP-1, Revision 1, Supplement 1. You may obtain copies of the NUREG-0654 from the Superintendent of Documents, U.S. Government Printing Office.\n\n(12) Participate in NRC adjudication proceedings and any other site-specific legal forums.\n\n(13) Alert and notification system reviews.\n\n(14) Responses to petitions filed under 10 CFR 2.206.\n\n(15) Congressionally-initiated reviews and evaluations.\n\n(16) Responses to licensee's challenges to FEMA's administration of the fee program.\n\n(17) Respond to actual radiological emergencies.\n\n(18) Develop regulations, guidance, planning standards and policy.\n\n(19) Coordinate with other Federal agencies to enhance the preparedness of State and local governments for radiological emergencies.\n\n(20) Coordinate REP Program issues with constituent organizations such as the National Emergency Management Association, Conference of Radiation Control Program Directors, and the Nuclear Energy Institute.\n\n(21) Implement and coordinate REP Program training with FEMA's Emergency Management Institute (EMI) to assure effective development and implementation of REP training courses and conferences.\n\n(22) Participation of REP personnel as lecturers or to perform other functions at EMI, conferences and workshops.\n\n(23) Any other costs that we incur resulting from our REP Program Strategic Review implementation and oversight working group activities.\n\n(24) Costs associated with a transition phase should we decide to advertise and award a contract for technical support to the REP Program. Transition phase activities may include training new contractor personnel in the REP Exercise Evaluation and Planning courses, and on-the-job training for new evaluators at a select number of REP exercises.\n\n(25) Services associated with the assessment of fees, billing, and administration of this part.\n\n(26) Disaster-initiated reviews and evaluations."], ["44:44:1.0.1.6.88.0.10.6", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.6 Billing and payment of fees.", "FEMA", "", "", "", "(a)  Electronic billing and payment.  We will deposit all funds collected under this part to the Radiological Emergency Preparedness Fund as offsetting collections, which will be available for our REP Program. The Department of the Treasury revisions to section 8025.30 of publication I-TFM 6-8000 require Federal agencies to collect funds by electronic funds transfer when such collection is cost-effective, practicable, and consistent with current statutory authority. Working with the Department of the Treasury we now provide for payment of bills by electronic transfers through Automated Clearing House (ACH) credit payments.\n\n(b) We will send bills that are based on the assessment methodology set out in \u00a7 354.4 to licensees to recover the full amount of the funds that we budget to provide REP Program services. Licensees that have more than one site will receive consolidated bills. We will forward one bill to each licensee during the first quarter of the fiscal year, with payment due within 30 days. If we exceed our original budget for the fiscal year and need to make minor adjustments, the adjustment will appear in the bill for the next fiscal year."], ["44:44:1.0.1.6.88.0.10.7", 44, "Emergency Management and Assistance", "I", "F", "354", "PART 354\u2014FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM", "", "", "", "\u00a7 354.7 Failure to pay.", "FEMA", "", "", "", "Where a licensee fails to pay a prescribed fee required under this part, we will implement procedures under 44 CFR part 11, subpart C, to collect the fees under the Debt Collection Act of 1982 (31 U.S.C. 3711  et seq. )."], ["7:7:5.1.1.1.14.0.47.1", 7, "Agriculture", "III", "", "354", "PART 354\u2014OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES", "", "", "", "\u00a7 354.1 Overtime work at border ports, sea ports, and airports.", "APHIS", "", "", "[49 FR 1173, Jan. 10, 1984, as amended at 49 FR 12186, Mar. 29, 1984; 49 FR 19441, May 8, 1984; 52 FR 16822, May 6, 1987; 53 FR 52975, Dec. 30, 1988; 54 FR 13506, Apr. 4, 1989; 55 FR 3198, Jan. 31, 1990; 55 FR 41059, Oct. 9, 1990; 56 FR 1082, Jan. 11, 1991; 58 FR 32434, June 10, 1993; 67 FR 48523, July 25, 2002; 68 FR 51882, Aug. 29, 2003; 80 FR 59566, Oct. 2, 2015]", "(a)(1) Any person, firm, or corporation having ownership, custody, or control of plants, plant products, animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine under this chapter and subchapter D of chapter I, title 9 CFR, who requires the services of an employee of the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection on a Sunday or holiday, or at any other time outside the regular tour of duty of that employee, shall sufficiently in advance of the period of Sunday, holiday, or overtime service request the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge to furnish the service during the overtime or Sunday or holiday period, and shall pay the Government at the rate listed in the following table, except as provided in paragraphs (a)(1)(i), (ii), and (iii), and (a)(3) of this section:\n\nOvertime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals, Animal Products or Other Regulated Commodities\n\n(i) For any services performed on a Sunday or holiday, or at any time after 5 p.m. or before 8 a.m. on a weekday, in connection with the arrivals in or departure from the United States of a private aircraft or vessel, the total amount payable shall not exceed $25 for all inspection services performed by the U.S. Customs and Border Protection, Public Health Service, and the Department of Agriculture;\n\n(ii) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and\n\n(iii) The overtime rate to be charged owners or operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service is listed in the following table:\n\nOvertime for Commercial Airline Inspection Services \n 1\n\n1  These charges exclude administrative overhead costs.\n\n(2) Except as provided in paragraph (a)(3) of this section, a minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or her, or which is performed by an employee on his or her regular workday beginning either at least 1 hour before his or her scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge provision applies may include a commuted traveltime period (CTT) the amount of which shall be prescribed in administrative instructions to be issued by the Administrator, Animal and Plant Health Inspection Service or U.S. Customs and Border Protection for the areas in which the Sunday or holiday or overtime work is performed and such period shall be established as nearly as may be practicable to cover the time necessarily spent in reporting to and returning from the place at which the employee performs such Sunday or holiday or overtime duty. With respect to places of duty within the metropolitan area of the employee's headquarters, such CTT period shall not exceed 3 hours. It shall be administratively determined from time to time which days constitute holidays. The circumstances under which such CTT periods shall be charged and the percentage applicable in each circumstance are as reflected in the following table:\n\n1  Actual time charged when work is contiguous with the daily tour will be in quarter hour multiples, with service time of 8 minutes or more rounded up to the next quarter hour and any time of less than 8 minutes will be disregarded.\n\n2  The full CTT allowance will be the amount of commuted traveltime prescribed for the place at which the inspections are performed. See \u00a7 354.2. One-half CTT is \n 1/2  of the full CTT period.\n\n(3) The overtime rate and all other charges, including minimum and commute compensation charges, to be billed for services provided by an employee of U.S. Customs and Border Protection shall be charged according to the provisions of this section, 5 CFR part 551, or 19 CFR 24.16.\n\n(b) The Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge of honoring a request to furnish inspection, laboratory testing, quarantine or certification service, shall assign employees to such Sunday or holiday or overtime duty with due regard to the work program and availability of employees for duty.\n\n(c) As used in this section\u2014\n\n(1) The term  private aircraft  means any civilian aircraft not being used to transport persons or property for compensation or hire, and\n\n(2) The term  private vessel  means any civilian vessel not being used (i) to transport persons or property for compensation or hire, or (ii) in fishing operations or in processing of fish or fish products.\n\n(d)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity acting as an agent or broker by requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector on behalf of any other person, firm, partnership, corporation, or other legal entity (principal), and who has not previously requested such service from an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector, must pay the inspector before service is provided.\n\n(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.\n\n(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection determines that the agent, broker, or principal has established an acceptable credit history.\n\n(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector.\n\n(e)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector, and who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 60 days delinquent, must pay the inspector before service is provided.\n\n(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.\n\n(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.\n\n(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector.\n\n(f) Reimbursable Sunday, holiday, or overtime services will be denied to any principal, or any person, firm, partnership, corporation, or other legal entity who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 90 days delinquent. Services will be denied until the delinquent debt is paid."], ["7:7:5.1.1.1.14.0.47.2", 7, "Agriculture", "III", "", "354", "PART 354\u2014OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES", "", "", "", "\u00a7 354.2 Administrative instructions prescribing commuted traveltime.", "APHIS", "", "", "[49 FR 32332, Aug. 14, 1984]", "Each period of overtime and holiday duty, as defined in \u00a7 354.1 shall, in addition, include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed commuted traveltime periods are set forth below:\n\nCommuted Traveltime Allowances\n\n[In hours]"], ["7:7:5.1.1.1.14.0.47.3", 7, "Agriculture", "III", "", "354", "PART 354\u2014OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES", "", "", "", "\u00a7 354.3 User fees for certain international services.", "APHIS", "", "", "[89 FR 38636, May 7, 2024, as amended at 90 FR 13272, Mar. 21, 2025; 90 FR 39308, Aug. 15, 2025]", "(a)  Definitions.  Whenever in this section the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean:\n\nAPHIS.  The Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA).\n\nArrival.  Arrival at a port of entry, as listed in 19 CFR 101.3 or as defined by 19 CFR 101.1, in the customs territory of the United States or at any place serviced by any such port of entry.\n\nCalendar year.  The period from January 1 to December 31, inclusive, of any particular year.\n\nCascadia.  British Columbia and those ports of entry into the United States lying south of 59\u00b026\u203259.316\u2033 N, north of 43\u00b023\u203234.152\u2033 N, west of 122\u00b020\u203231.2\u2033 W, and east of 135\u00b020\u20322.4\u2033 W.\u201d\n\nCertificate.  Any certificate issued by or on behalf of APHIS describing the condition of a shipment of plants or plant products for export, including but not limited to Phytosanitary Certificate (PPQ Form 577), Export Certificate for Processed Plant Products (PPQ Form 578), and Phytosanitary Certificate for Reexport (PPQ Form 579).\n\nCommercial aircraft.  Any aircraft used to transport persons or property for compensation or hire.\n\nCommercial purpose.  The intention of receiving compensation or making a gain or profit.\n\nCommercial railroad car.  Any carrying vehicle, measured from coupler to coupler and designed to operate on railroad tracks, other than a locomotive or a caboose.\n\nCommercial shipment.  A shipment for gain or profit.\n\nCommercial truck.  Any self-propelled vehicle, including an empty vehicle or a truck cab without a trailer, which is designed and used for the transportation of commercial merchandise or for the transportation of non-commercial merchandise on a for-hire basis.\n\nCommercial vessel.  Any watercraft or other contrivance used or capable of being used as a means of transportation on water to transport property for compensation or hire, with the exception of any aircraft or ferry.\n\nCustoms and Border Protection (CBP).  U.S. Customs and Border Protection, U.S. Department of Homeland Security.\n\nCustoms territory of the United States.  The 50 States, the District of Columbia, and Puerto Rico.\n\nDesignated State or county inspector.  A State or county plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties as to the phytosanitary condition of plant products inspected under the Plant Protection Act (7 U.S.C. 7701  et seq. ).\n\nGreat Lakes.  The Great Lakes of North America and the waters of the St. Lawrence River west of a rhumb line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along 63\u00b0 W. longitude from Anticosti Island to the north shore of the St. Lawrence River.\n\nPassenger.  A natural person for whom transportation is provided, including infants, whether a separate ticket or travel document is issued for the infant, or the infant or toddler occupies a seat, or the infant or toddler is held or carried by another passenger.\n\nPerson.  An individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.\n\n(b)  Fee for inspection of commercial vessels of 100 net tons or more.  (1) Except as provided in paragraphs (b)(2) and (3) of this section, the master, licensed deck officer, or purser of any commercial vessel which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, and which is either required to make entry at the customs house under 19 CFR 4.3 or is a U.S.-flag vessel proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to CBP and pay an agricultural quarantine and inspection (AQI) user fee. The base AQI user fee for each arrival is shown in table 1. The fee will be paid for each arrival regardless of the number of arrivals taking place in the course of a single voyage.\n\nTable 1 to Paragraph ( b )(1)\u2014Fee for Inspection of Commercial Vessels of 100 Net Tons or More\n\n(2) The following categories of commercial vessels are exempt from paying an AQI user fee:\n\n(i) Commercial cruise vessels carrying passengers paying fees under paragraph (f) of this section;\n\n(ii) Any vessel which, at the time of arrival, is being used solely as a tugboat;\n\n(iii) Vessels used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the vessel is not carrying persons or merchandise for commercial purposes;\n\n(iv) Vessels arriving in distress or to take on fuel, sea stores, or ship's stores;\n\n(v) Tugboats towing vessels on the Great Lakes; and\n\n(vi) Vessels returning to the United States after traveling to Canada solely to take on fuel.\n\n(3) If not otherwise exempt from paying the fee, a vessel traveling solely between the United States and Canada and within the Great Lakes or Cascadia may pay the AQI user fee for each arrival as the fee is shown in table 2, provided that the vessel:\n\n(i) Is not carrying cargo originating from countries other than the United States or Canada.\n\n(ii) Is not carrying plants or plant products.\n\n(iii) Is not carrying animals or animal products.\n\n(iv) Is not carrying soil or quarry products from areas in Canada listed in \u00a7 319.77-3 of this chapter as being infested with gypsy moth.\n\n(v) Is not carrying wood packaging material as defined under \u00a7 319.40-1 of this chapter.\n\nTable 2 to Paragraph ( b )(3)\u2014Fee for Inspection of Commercial Vessels Traveling Solely Between the United States and Canada and Within the Great Lakes or Cascadia, and Not Otherwise Exempt\n\n(c)  Fee for inspection of commercial trucks \u2014(1)  On-arrival payment.  Upon arrival at a CBP port of entry, the driver or other person in charge of a commercial truck that is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, must tender the AQI user fees to CBP, unless they have been prepaid as provided for in paragraph (c)(2) of this section. APHIS strongly encourages electronic remittance of fees. The fee applies to all commercial trucks, regardless of what they are carrying, as well as empty trucks and truck cabs (see table 3).\n\nTable 3 to Paragraph ( c )(1)\u2014Fee for Inspection of Commercial Trucks\n\nNote:  The per arrival fee has been rounded down to the next $0.05 (five-cent) increment to facilitate border operations. Additionally, the prepaid fees are set at 50 times the unrounded fee rate of $12.44, and 60 times the unrounded fee rates of $13.47, $14.51, and $15.59, respectively.\n\n(2)  Prepayment.  (i) The owner, their agent, or person in charge of a commercial vehicle may at any time prepay the commercial truck AQI fee as defined in paragraph (c)(1) of this section for all arrivals of that vehicle during a calendar year or any remaining portion of a calendar year. The prepayment transponder fee is set at 50 times the unrounded per arrival fee for the period between October 1, 2024 and September 30, 2025, and 60 times the unrounded per arrival fee thereafter. Prepayment of the AQI fee must be made in accordance with the procedures and payment methods set forth in 19 CFR 24.22. The following information must be provided, together with the prepayment amount for each arrival:\n\n(A) Vehicle make, model, and model year;\n\n(B) Vehicle Identification Number (VIN);\n\n(C) License numbers issued by State, Province, or country; and\n\n(D) Owner's name and address.\n\n(ii) Purchases of transponders may be made at any time during a calendar year; APHIS will not prorate for the portion of the calendar year already elapsed, nor refund single-crossing fees already paid.\n\n(d)  Fee for inspection of commercial railroad cars \u2014(1)  General requirement.  Except as provided in paragraph (d)(2) of this section, an AQI user fee will be charged for each commercial railroad car (loaded or empty) which is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, upon each arrival, as indicated in table 4. The railroad company receiving a railroad car in interchange at a port of entry or, barring interchange, the company moving a car in line haul service into the customs territory of the United States, will be responsible for payment of the fee. Payment of the fee must be made in accordance with the procedures set forth in paragraph (d)(3) or (4) of this section. For purposes of this paragraph (d), the term \u201crailroad car\u201d means any carrying vehicle, measured from coupler to coupler and designed to operate on railroad tracks. If the AQI user fee is prepaid for all arrivals of a commercial railroad car during a calendar year or any remaining portion of a calendar year, the AQI user fee is an amount 48 times the AQI user fee for each arrival.\n\nTable 4 to Paragraph ( d )(1)\u2014Fee for Inspection of Commercial Railroad Cars\n\n(2)  Exemptions.  The following categories of commercial railroad cars are exempt from paying an AQI user fee:\n\n(i) Any commercial railroad car that is part of a train whose journey originates and terminates in Canada, if:\n\n(A) The commercial railroad car is part of the train when the train departs Canada; and\n\n(B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within the United States.\n\n(ii) Any commercial railroad car that is part of a train whose journey originates and terminates in the United States, if:\n\n(A) The commercial railroad car is part of the train when the train departs the United States; and\n\n(B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within any country other than the United States; and\n\n(iii) Locomotives and cabooses.\n\n(3)  Prepayment.  The owner, agent, or person in charge of a railroad company may at any time prepay the commercial railroad car AQI fee as defined in paragraph (d)(1) of this section for all arrivals of that railroad car during a calendar year or any remaining portion of a calendar. This payment must be remitted in accordance with paragraph (d)(4)(iii) of this section.\n\n(4)  Remittance procedures.  The Association of American Railroads (AAR), the National Railroad Passenger Corporation (AMTRAK), and railroad companies acting individually shall file monthly written statement with USDA, APHIS, FMD, within 90 days after the end of each calendar month. Each written statement shall indicate:\n\n(i) The number of commercial railroad cars entering the customs territory of the United States during the relevant period by railroad company;\n\n(ii) The total monthly AQI user fees due from each railroad company; and\n\n(iii) In the case of prepayments to cover all annual arrivals of certain railroad car(s) in accordance with paragraph (d)(3) of this section; include the number of railroad cars being prepaid for, railroad car number(s) covered by the prepayment and the calendar year to which the prepayment applies.\n\n(iv) Railroad companies may include the written statement with their mailed payment as directed in this paragraph (d)(4). For all other payment types, the companies must email the written statement to  ABSHelpline@usda.gov.  Individual railroad companies must submit a written statement for periods with no fees collected. Detailed remittance instructions are located at  https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees.  Questions and correspondence may be directed to  ABSHelpline@usda.gov  or (612) 336-3400 (fax) or (877) 777-2128 (phone).\n\n(5)  Payment procedures.  (i) If the railroad company intends to pay monthly, the owner, agent or person in charge of an individual railroad company shall pay the AQI user fees calculated by the Association of American Railroads (AAR), the National Railroad Passenger Corporation (AMTRAK), or the individual railroad company itself within 90 days after the end of each calendar month in which commercial railroad cars entered the customs territory of the United States.\n\n(ii) If the owner, agent or person in charge of an individual railroad company intends to prepay for railroad car(s) for the entire calendar year, as specified in paragraph (d)(3) of this section, prepayment may be made at any time during a calendar year; APHIS will not prorate for the portion of the calendar year already elapsed, nor refund or credit per arrival fees already paid.\n\n(iii) Written statements as described in paragraph (d)(4) of this section, are required to accompany all payments. Detailed payment instructions are located at  https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees.  Questions and correspondence may be sent to  ABSHelpline@usda.gov,  fax (612) 336-3400 or phone (877) 777-2128.\n\n(6)  Compliance.  (i) AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must allow APHIS, CBP, and authorized representatives to verify the accuracy of AQI user fees collected and remitted and otherwise determine compliance with 21 U.S.C. 136a and this paragraph (d). The AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must advise the USDA, APHIS, FMD of the name, address, and telephone number of an agent or other responsible person who is authorized to verify AQI user fee calculations, collections, and written statements, payments, as well as any changes in the identifying information submitted.\n\n(ii) The agent or other responsible person for a payment remains the agent or responsible person until the railroad company notifies APHIS of a transfer of responsibility. The agent or responsible person must contact APHIS to initiate any transfer by contacting  ABSHelpline@usda.gov.  The new agent or responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part.\n\n(e)(1)  Fee for inspection of commercial aircraft.  Except as provided in paragraph (e)(2) of this section, an AQI user fee will be charged for each commercial aircraft which is arriving, or which has arrived and is proceeding from one United States airport to another under a CBP \u201cPermit to Proceed,\u201d as specified in 19 CFR 122.81 through 122.85, or an \u201cAgricultural Clearance or Safeguard Order\u201d (PPQ Form 250), used pursuant to \u00a7 330.400 of this chapter and 9 CFR 94.5, and which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D. Each carrier or their agent is responsible for paying the AQI user fee. The AQI user fee for each arrival is shown in table 5:\n\nTable 5 to Paragraph ( e )(1)\u2014Fee for Inspection of Commercial Aircraft\n\n(2)  Exemptions.  The following categories of commercial aircraft are exempt from paying an AQI user fee:\n\n(i) [Reserved]\n\n(ii) Any aircraft used exclusively in the governmental services of the United States or a foreign government, including any Agency or political subdivision of the United States or a foreign government, as long as the aircraft is not carrying persons or merchandise for commercial purposes;\n\n(iii) Any aircraft making an emergency or forced landing when the original destination of the aircraft was a foreign port;\n\n(iv) Any passenger aircraft with 64 or fewer seats, which is not carrying the following cargo: Fresh fruits, fresh vegetables, plants, unprocessed plant products, cotton or covers, sugarcane, or fresh or processed meats; and which does not offer meal service other than beverages and prepackaged snacks that do not contain meats derived from ruminants, swine, or poultry or fresh fruits and fresh vegetables. Aircraft exempt from the user fee under this paragraph would still be subject to the garbage handling requirements found in \u00a7 330.400 of this chapter and 9 CFR 94.5;\n\n(v) Any aircraft moving from the U.S. Virgin Islands to Puerto Rico; and\n\n(vi) Any aircraft making an in-transit stop at a port of entry, during which the aircraft does not proceed through any portion of the Federal clearance process, such as inspection or clearance by APHIS or CBP, no cargo is removed from or placed on the aircraft, no passengers get on or off the aircraft, no crew members get on or off the aircraft, no food is placed on the aircraft, and no garbage is removed from the aircraft.\n\n(3)  Remittance and payment procedures.  (i) The carrier or their agent must pay the appropriate fees for receipt no later than 90 days after the close of the month in which the aircraft arrivals occurred. APHIS strongly encourages electronic payment of fees. To set up electronic payment refer to our detailed instructions at  https://www.aphis.usda.gov/mrpbs/userfees/aqi-paymen t-types.pdf or for further information relative to electronic remittance, or for further information relative to electronic remittance, contact  ABSHelpline@usda.gov.  In the event electronic remission is impractical, a check or money order can be mailed to the Agency lock box following detailed payment instructions at  https://www.aphis.usda.gov/mrpbs/userfees/aqi-payment-types.pdf.  Questions and correspondence may be directed to  ABSHelpline@usda.gov  or to (612) 336-3400 (fax) or (877) 777-2128 (phone). For payment information, refer to our detailed payment instructions at  https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees.  Late payments will be subject to interest, penalty, and a charge to cover the cost of processing and handling a delinquent claim as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).\n\n(ii) The carrier or their agent must provide a written statement each month stating the fees that are due for the month. Carriers or their agents must include a hard copy of the written statement with any mailed payment. For all other payment types, including for months with no fees collected, the carriers must email the written statement to  ABSHelpline@usda.gov.\n\n(iii) The written statement must include the following information:\n\n(A) Name and address of the person making the payment;\n\n(B) Calendar month covered by the payment;\n\n(C) Amount being paid, or a written statement stating that no fees were collected.\n\n(iv) All fee payments required under this section must be made in U.S. dollars. For all payment types accepted, please visit  https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees.\n\n(4)  Compliance.  Each carrier subject to this section must allow APHIS, CBP, and authorized representatives to verify the accuracy of the AQI user fees paid and to otherwise determine compliance in accordance with this paragraph (e) and 21 U.S.C. 136a. Each carrier must advise USDA, APHIS, FMD, FOB of the name, address, and telephone number of an agent or responsible person who is authorized to verify AQI user fee calculations, payments, and written statements as well as any changes in the identifying information submitted. The agent or responsible person for a payment remains the agent or responsible person until the carrier notifies APHIS of a transfer of responsibility. The carrier or their agent or responsible person must contact APHIS at  https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts  to initiate any transfer. The new agent or responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part.\n\n(5)  Limitations on charges.  (i) Airlines will not be charged reimbursable overtime for inspection of aircraft if the aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section.\n\n(ii) Airlines will not be charged reimbursable overtime for inspection of cargo from an aircraft if:\n\n(A) The aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section; and\n\n(B) The cargo is inspected between 8 a.m. and 4:30 p.m., Monday through Friday; or\n\n(C) The cargo is inspected concurrently with the aircraft.\n\n(f)(1)  Fee for inspection of international passengers.  Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft or cruise ship who is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an AQI user fee. The fee covers one individual arriving into a port of entry within the customs territory of the United States from a foreign port. Each air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document for transportation into the customs territory of the United States is responsible for collecting from the passenger the applicable fee specified in this section, including the fee applicable to any infants or toddlers traveling without a separate ticket or travel document, whether in assigned seats or held in an adult passenger's lap. In the event that the air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document does not collect the AQI user fee when tickets are sold, the air carrier or cruise line must collect the user fee that is applicable at the time of departure from the passenger upon departure. The AQI user fee will apply to tickets purchased beginning October 1, 2024. The fees are shown in tables 6 and 7:\n\nTable 6 to Paragraph ( f )(1)\u2014International Air Passenger\n\nTable 7 to Paragraph ( f )(1)\u2014International Cruise (Sea) Passenger\n\n(2)  Exemptions.  The following categories of passengers are exempt from paying an AQI user fee:\n\n(i) Crew members onboard for purposes related to the operation of the vessel;\n\n(ii) Crew members who are on duty on a commercial aircraft;\n\n(iii) Airline employees, including \u201cdeadheading\u201d crew members, who are traveling on official airline business;\n\n(iv) Diplomats, except for U.S. diplomats, who can show that their names appear on the accreditation listing maintained by the U.S. Department of State. In lieu of the accreditation listing, an individual diplomat may present appropriate proof of diplomatic status to include possession of a diplomatic passport or visa, or diplomatic identification card issued by a foreign government;\n\n(v) Passengers departing and returning to the United States without having touched a foreign port or place;\n\n(vi) Passengers arriving on any commercial aircraft used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the aircraft is not carrying persons or merchandise for commercial purposes. Passengers on commercial aircraft under contract to the U.S. Department of Defense (DOD) are exempted if they have been precleared abroad under the joint DOD/APHIS Military Inspection Program;\n\n(vii) Passengers arriving on an aircraft due to an emergency or forced landing when the original destination of the aircraft was a foreign port;\n\n(viii) Passengers transiting the United States and not subject to inspection; and\n\n(ix) Passengers moving from the U.S. Virgin Islands to Puerto Rico.\n\n(3)  Circumstances of user fee collections.  AQI user fees shall be collected under the following circumstances:\n\n(i) When through tickets or travel documents are issued indicating travel to the customs territory of the United States that originates in any foreign country; and\n\n(ii) When passengers arrive in the customs territory of the United States in transit from a foreign country and are inspected by APHIS or CBP.\n\n(4)  Responsibility for collection of fees.  (i) Any air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document on or after May 13, 1991, is responsible for collecting the AQI user fee from all passengers transported into the customs territory of the United States to whom the AQI user fee applies.\n\n(A) Tickets or travel documents must be marked by the person who collects the AQI user fee to indicate that the required AQI user fee has been collected from the passenger.\n\n(B) If the AQI user fee applies to a passenger departing from the United States and if the passenger's tickets or travel documents were issued on or after May 13, 1991, but do not reflect collection of the AQI user fee at the time of issuance, then the carrier transporting the passenger from the United States must collect the AQI user fee upon departure.\n\n(C) AQI user fees collected from international passengers pursuant to this paragraph (f) shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from international passengers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI user fees for international passengers, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest for late remittance.\n\n(ii) [Reserved]\n\n(5)  Remittance and payment procedures.  (i) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document or their own non-carrier related tickets or travel documents, must remit collections of AQI user fees from the passengers to APHIS.\n\n(ii) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must remit the passengers' fees to APHIS no later than 90 days after the close of the calendar month in which the ticket issuer collected the AQI user fees from the passengers. Late payments will be subject to interest, penalties, and a charge to cover the cost of processing and handling a delinquent claim as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).\n\n(iii) All fee payments required under this section must be made in U.S. dollars. For payment types accepted please visit  https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees.  APHIS strongly encourages electronic remittance of fees. To set up electronic remittance refer to our detailed payment instructions at  https://www.aphis.usda.gov/mrpbs/userfees/aqi-payment-types.pdf  or for further information relative to electronic remittance, contact  ABSHelpline@usda.gov.  In the event electronic remission is impractical, a check or money order can be mailed to the Agency lock box following detailed payment instructions at  https://www.aphis.usda.gov/sites/default/files/aqi-payment-types.pdf.  Questions and correspondence may be sent to  ABSHelpline@usda.gov  or fax (612) 336-3400 or (877) 777-2128. For payment information, refer to our detailed payment instructions at  https://www.aphis.usda.gov/sites/default/files/aqi-payment-types.pdf.\n\n(iv) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must provide a written statement each month stating the passenger fees that are due for the month or stating that no payments are due. The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must include the written statement with their mailed payment. For all other payment types, they must email the written statement separately to  ABSHelpline@usda.gov.  The written statement must include the following information:\n\n(A) Name and address of the person remitting payment;\n\n(B) Calendar month covered by the payment; and\n\n(C) Amount collected and remitted.\n\n(v) Refunds by a remitter of AQI user fees collected in conjunction with unused tickets or travel documents shall be netted against the next subsequent remittance. The ticket or travel document-issuing entity must submit a revised written statement indicating the revised number of passengers and international passenger AQI user fees amount collected. The revised written statement must be completed and filed for each month during which the ticket or travel document-issuing entity certifies that there was a decrease in the number of passengers and international passenger AQI user fees collected.\n\n(6)  Notification.  Carriers contracting with U.S.-based tour wholesalers are responsible for notifying the USDA, APHIS, FMD, FOB at  https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts  of all journeys contracted, the number of spaces contracted for, and the name, address, and taxpayer identification number of the United States-based tour wholesaler, within 90 days after the close of the calendar month in which such a journey occurred;  except that,  carriers are not required to make notification if tickets, marked to show collection of the AQI user fee, are issued for the individual contracted spaces.\n\n(7)  Compliance.  Each carrier, travel agent, U.S.-based tour wholesaler, or other entity subject to this section must allow APHIS, CBP, and authorized representatives to verify the accuracy of the AQI user fees collected and remitted and to otherwise determine compliance with 21 U.S.C. 136a and this paragraph (f). Each carrier, travel agent, U.S.-based tour wholesaler, or other entity must advise USDA, APHIS, FMD, at  https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts  of the name, address, and telephone number of a responsible officer who is authorized to verify AQI user fee calculations, payments, and remittance, as well as any changes in the identifying information submitted. The responsible person for a payment remains the responsible person until the air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document notifies APHIS of a transfer of responsibility. The responsible person must contact APHIS to initiate any transfer. The new responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part.\n\n(8)  Limitation on charges.  Airlines and cruise lines will not be charged reimbursable overtime for passenger inspection services required for any aircraft or cruise ship on which a passenger arrived who has paid the international passenger AQI user fee for that flight or cruise.\n\n(g)  Fees for export certification of plants and plant products.  (1) For each certificate issued by APHIS personnel, the recipient must pay the applicable AQI user fee at the time and place the certificate is issued.\n\n(2) When the work necessary for the issuance of a certificate is performed by APHIS personnel on a Sunday or holiday, or at any other time outside the regular tour of duty of the APHIS personnel issuing the certificate, in addition to the applicable user fee, the recipient must pay the applicable overtime rate in accordance with \u00a7 354.1.\n\n(3)(i) Each exporter who receives a certificate issued on behalf of APHIS by a designated State or county inspector must pay an administrative user fee, as shown in table 8. The administrative fee can be remitted by the exporter directly to APHIS through the Phytosanitary Certificate Issuance and Tracking System (PCIT), provided that the exporter has a PCIT account and submits the application for the export certificate through the PCIT. If the PCIT is not used, the State or county issuing the certificate is responsible for collecting the fee and remitting it monthly to the U.S. Bank, United States Department of Agriculture, APHIS, AQI, P.O. Box 979043, St. Louis, MO 63197-9000.\n\nTable 8 to Paragraph ( g )(3)( i )\u2014Administrative User Fee\n\n(ii) The AQI user fees for an export or reexport certificate for a commercial shipment are shown in table 9.\n\nTable 9 to Paragraph ( g )(3)( ii )\u2014Export or Reexport Certificate for Commercial Shipment\n\n(iii) The AQI user fees for an export or reexport certificate for a low-value commercial shipment are shown in table 10. A commercial shipment is a low-value commercial shipment if the items being shipped are identical to those identified on the certificate; the shipment is accompanied by an invoice which states that the items being shipped are worth less than $1,250; and the shipper requests that the user fee charged be based on the low value of the shipment.\n\nTable 10 to Paragraph ( g )(3)( iii )\u2014Export or Reexport Certificate for Low-Value Commercial Shipment\n\n(iv) The AQI user fees for an export or reexport certificate for a noncommercial shipment are shown in table 11.\n\nTable 11 to Paragraph ( g )(3)( iv )\u2014Export or Reexport Certificate for Noncommercial Shipment\n\n(v) The AQI user fees for replacing any certificate are shown in table 12.\n\nTable 12 to Paragraph ( g )(3)( v )\u2014Replacement Fee\n\n(4) If a designated State inspector issues a certificate, the State where the certificate is issued may charge for inspection services provided in that State.\n\n(5) Any State which wishes to charge a fee for services it provides to issue certificates must establish fees in accordance with one of the following guidelines:\n\n(i)  Calculation of a \u201ccost-per-certificate\u201d fee.  The State must:\n\n(A) Estimate the annual number of certificates to be issued;\n\n(B) Determine the total cost of issuing certificates by adding together delivery,\n 1 \n   support,\n 2 \n   and administrative costs;\n 3 \n   and\n\n1  Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork.\n\n2  Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting.\n\n3  Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates.\n\n(C) Divide the cost of issuing certificates by the estimated number of certificates to be issued to obtain a \u201craw\u201d fee. The State may round the \u201craw\u201d fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing; or\n\n(ii)  Calculation of a \u201ccost-per-hour\u201d fee.  The State must:\n\n(A) Estimate the annual number of hours taken to issue certificates by adding together delivery,\n 4 \n   support,\n 5 \n   and administrative \n 6 \n   hours;\n\n4  Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork.\n\n5  Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting.\n\n6  Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates.\n\n(B) Determine the total cost of issuing certificates by adding together delivery,\n 1  support,\n 2  and administrative costs; and\n\n(C) Divide the cost of issuing certificates by the estimated number of hours taken to issue certificates to obtain a \u201ccost-per-hour\u201d fee. The State may round the \u201ccost-per-hour\u201d fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing.\n\n(6) For payment of any of the AQI user fees required in this paragraph (g), we will accept personal checks for amounts less than $100, and checks drawn on commercial accounts, cashier's checks, certified checks, traveler's checks, and money orders for any amount. All payments must be for the exact amount due.\n\n(h)(1)  Fee for conducting and monitoring treatments.  (1) Each importer of a consignment of articles that require treatment upon arrival from a place outside of the customs territory of the United States, either as a preassigned condition of entry or as a remedial measure ordered following the inspection of the consignment, must pay an AQI user fee.  The AQI user fee is charged on a per-treatment basis,  i.e.,  if two or more consignments are treated together, only a single fee will be charged, and if a single consignment is split or must be retreated, a fee will be charged for each separate treatment conducted. The AQI user fee for each treatment is shown in table 13:\n\nTable 13 to Paragraph ( h )(1)\u2014Fee for Conducting and Monitoring Treatments\n\n(2)  Treatment provider.  (i) Private entities that provide AQI treatment services to importers are responsible for collecting the AQI treatment user fee from the importer for whom the service is provided. Treatment providers must collect the AQI treatment fee applicable at the time the treatment is applied.\n\n(ii) When AQI treatment services are provided by APHIS, APHIS will collect the AQI treatment fee applicable at the time the treatment is applied from the person receiving the services. Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to \u201cThe Animal and Plant Health Inspection Service.\u201d\n\n(3)  Collection of fees.  (i) In cases where APHIS is not providing the AQI treatment and collecting the associated fee, AQI user fees collected from importers pursuant to this paragraph (h) shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from importers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI treatment user fees, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest from the person holding such user fees for late remittance.\n\n(ii) [Reserved]\n\n(4)  Remittance and statement procedures.  (i) The treatment provider that collects the AQI treatment user fee must remit the fee to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000.\n\n(ii) AQI treatment user fees must be remitted for receipt no later than 31 days after the close of the calendar quarter in which the AQI user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).\n\n(iii) The remitter must mail with the remittance a written statement to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. The statement must include the following information:\n\n(A) Name and address of the person remitting payment;\n\n(B) Taxpayer identification number of the person remitting payment;\n\n(C) Calendar quarter covered by the payment; and\n\n(D) Amount collected and remitted.\n\n(iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to \u201cThe Animal and Plant Health Inspection Service.\u201d\n\n(i)  Consequences for nonpayment or late payment of user fees \u2014(1)  Unpaid debt.  In cases of delinquent debts, the government is required to charge and collect interest, penalties, and costs. See 31 U.S.C. 3717(a) (interest); 3717(e)(1) (costs); and 3717(e)(2) (penalties). If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under chapter I or chapter III of this title, then:\n\n(i)  Subsequent user fee payments.  Payment must be made for subsequent user fees before the service is provided if:\n\n(A) For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due;\n\n(B) For billed fees, the user fee is unpaid 60 days after date of bill;\n\n(C) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty charges, interest charges, or charges for the cost of processing and handling the delinquent bill on any delinquent APHIS user fee; or\n\n(D) Payment has been dishonored.\n\n(ii)  Resolution of difference between estimate and actual.  APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due.\n\n(iii)  Prepayment form.  The prepayment must be in guaranteed form of payment, such as money order or certified check. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.\n\n(iv)  Denied service.  Service will be denied until the debt is paid if:\n\n(A) For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due;\n\n(B) For billed fees, the user fee is unpaid 90 days after date of bill;\n\n(C) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty charges, interest charges, or charges for the cost of processing and handling the delinquent bill on any delinquent APHIS user fee; or\n\n(D) Payment has been dishonored.\n\n(2)  Unpaid debt during service.  If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the following action: If regulated articles in quarantine at a treatment facility cannot be released from quarantine, APHIS may seize and dispose of them, as determined by the Administrator, and may recover all expenses of handling the articles from persons liable for user fees under paragraph (h)(1) of this section. If regulated articles can be released from quarantine, the articles will be released, and any unpaid debt will be handled in accordance with procedures for unpaid debt in this section.\n\n(3)  Late payments.  If for unbilled user fees, the user fees are unpaid 30 days after the date the pertinent regulatory provisions indicates payment is due, or if billed, are unpaid 30 days after the date of the bill, APHIS will impose late payment penalty charges, interest charges, and charges for the cost of processing and handling the delinquent bill in accordance with 31 U.S.C. 3717.\n\n(4)  Dishonored payment.  User fees paid with dishonored forms of payment, such as a check returned for insufficient funds, will be subject to interest and penalty charges in accordance with 31 U.S.C. 3717. Administrative charges will be assessed at $20.00 per dishonored payment to be paid in addition to the original amount owed. Payment must be in guaranteed form, such as a money order or certified check.\n\n(5)  Debt collection management.  In accordance with applicable debt collection law, the following provisions apply:\n\n(i)  Taxpayer identification number.  APHIS will collect a taxpayer identification number from all persons, other than Federal agencies, who are liable for a user fee.\n\n(ii)  Offset.  APHIS takes appropriate action to collect debts through offset under applicable law, including by notifying the Department of the Treasury of debts that are over 120 days delinquent for the purposes of offset through the Treasury Offset Program. Through the Treasury Offset Program, the Department of the Treasury will offset eligible Federal and State payments to satisfy the debt to APHIS.\n\n(iii)  Cross-servicing.  APHIS will transfer debts that are over 120 days delinquent to the Department of the Treasury's Cross-Servicing program. Through the Cross-Servicing program, the Department of the Treasury will collect debts on behalf of APHIS. Exceptions may be made for debts that meet certain requirements, for example, debts that are already at a collection agency or in payment plans.\n\n(6)  Report delinquent debt.  APHIS will report all unpaid debts to credit reporting bureaus.\n\n( j )  Recordkeeping and record retention.  (1) Entities responsible for paying AQI user fees and their agents are required to establish, keep, and make available to APHIS the following records:\n\n(i) Records and reports required under this section, including written statements, if applicable; and\n\n(ii) Legible copies of contracts (including amendments to contracts) between the responsible entity or their agents and agents that conduct activities subject to this part for the responsible entity, and copies of documents relating to agreements made without a written contract.\n\n(2) Responsible entities or their agents must maintain sufficient documentation for APHIS, CBP, and representatives to verify the accuracy of the fee collections and, if applicable, written statements. Such information must be made available for inspection upon APHIS and CBP's demand. Such documentation shall be maintained in the United States for a period of 5 years from the date of remittance calculation, unless a longer retention period is determined to be needed by the Administrator. Each such affected entity shall provide to APHIS and CBP the name, address, and telephone number of a responsible officer who is able to verify any statements or records required to be filed or maintained under this section and shall promptly notify APHIS and CBP of any changes in the identifying information previously submitted.\n\n(k)  Severability.  The sections of this part are separate and severable from one another. If any section or portion therein is stayed or determined to be invalid, or the applicability of any section to any person or entity is held invalid, it is the APHIS' intention that the validity of the remainder of those parts shall not be affected, with the remaining sections to continue in effect.\n\n(Approved by the Office of Management and Budget under control numbers 1651-0019, 0579-0052, 0579-0094, and 0579-0489)."], ["7:7:5.1.1.1.14.0.47.4", 7, "Agriculture", "III", "", "354", "PART 354\u2014OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES", "", "", "", "\u00a7 354.4 User fees for certain domestic services.", "APHIS", "", "", "[57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994]", "(a)  Individual agreements for inspection services at ports of entry.  (1) Operators and owners of vessels or aircraft, or their agents, may enter into agreements with APHIS to receive, at points of entry in the United States inspection services in addition to the regular or on-call services available in connection with such vessels or aircraft.\n\n(2) Agreements may be made to cover the following types of services;\n\n(i) Opening and operating a new inspection station at a port of entry; and\n\n(ii) Providing one-time or occasional inspection services at a location where APHIS does not normally provide such services.\n\n(3) Owners and operators of vessels or aircraft, or their agents, must contact the Regional Director, USDA, APHIS, Plant Protection and Quarantine, \n 5 \n   for the State where they want APHIS to provide services, to make an agreement.\n\n5  A list of the Regional Directors, USDA, APHIS, Plant Protection and Quarantine and the States for which they are responsible, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support\u2014Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236.\n\n(4) All agreements must include the following:\n\n(i) Name, mailing address, and telephone number of the operator or owner of the vessel or aircraft, or, if applicable, the operator's or owner's agent;\n\n(ii) Explanation of inspection services to be provided;\n\n(iii) Date(s) and time(s) inspection services will be provided;\n\n(iv) Location (street address, port of entry, berth, dock, gate, etc.) and if applicable, identity (identification number, name, etc.) of vessel or aircraft or other thing to be inspected;\n\n(v) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months;\n\n(vi) A statement that APHIS agrees to provide the described inspection services;\n\n(vii) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months;\n\n(viii) A statement that APHIS will credit an amount equal to all user fees received for services provided at the location to the owner or operator's account, until the total amount of user fees credited to the account is equal to the amount of money paid into the account by the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, at the time the agreement was entered into; and\n\n(ix) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to maintain a balance in the user fee payment account equal to the cost of providing the services described for 6 months, as calculated monthly by APHIS.\n\n(5) APHIS will enter into an agreement only if qualified personnel can be made available to provide the services to be provided.\n\n(6) An agreement can be terminated by either party on 30 days written notice.\n\n(7) If, at the time an agreement is terminated, any unobligated funds remain in the user fee account, APHIS will return them to the owner or operator, or his or her agent."], ["7:7:5.1.1.1.14.0.47.5", 7, "Agriculture", "III", "", "354", "PART 354\u2014OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES", "", "", "", "\u00a7 354.5 Penalties for nonpayment or late payment of user fees.", "APHIS", "", "", "[57 FR 771, Jan. 9, 1992]", "(a) If a person requesting a service for which an APHIS user fee is payable, is delinquent in paying any APHIS user fee due under either title 7 or title 9, Code of Federal Regulations, or is delinquent in paying the interest on any delinquent APHIS user fee, then APHIS will not provide the service requested.\n\n(b) If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action:\n\n(1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate.\n\n(2) If an APHIS user fee is past due by more than 30 days, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717."], ["9:9:2.0.2.1.33.0.17.1", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.1 Definitions.", "FSIS", "", "", "", "Unless the context otherwise requires, the following terms shall have the following meaning:\n\n(a)  Act  means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621  et seq. ) or any other act of Congress conferring like authority.\n\n(b)  Acceptable  means suitable for the purpose intended and acceptable to the Service.\n\n(c)  Administrator  means the Administrator of the Food Safety and Inspection Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead.\n\n(d)  Applicant  means any interested party who requests any inspection service.\n\n(e)  Area supervisor  means any employee of the Department in charge of rabbit inspection service in a designated geographical area.\n\n(f)  Carcass  means any rabbit carcass.\n\n(g)  Circuit supervisor  or  technical supervisor  means the officer in charge of the rabbit inspection service in a circuit consisting of a group of stations within an area.\n\n(h)  Class  means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind.\n\n(i)  Condition  means any condition, including, but not being limited to, the state of preservation, cleanliness, or soundness, of any product or the processing, handling, or packaging which may affect such product.\n\n(j)  Condition and wholesomeness  means the condition of any product, its healthfulness and fitness for human food.\n\n(k)  Department  means the United States Department of Agriculture.\n\n(l)  Edible product  means any product derived from ready-to-cook domestic rabbits.\n\n(m)  Giblets  means the liver from which the bile sac has been removed and the heart from which the pericardial sac has been removed.\n\n(n)  Holiday  or  legal holiday  shall mean the legal public holidays specified by the Congress in paragraph (a) of section 6103, Title 5, of the United States Code.\n\n(o)  Identify  means to apply official identification to products or to containers thereof.\n\n(p)  Inspected and certified  or  certified  means, with respect to any product, that it has undergone an inspection and was found, at the time of such inspection, to be sound, wholesome, and fit for human food.\n\n(q)  Inspection, inspection service,  or  inspection of products for condition and wholesomeness  means any inspection by an inspector to determine, in accordance with the regulations in this part, (1) the condition and wholesomeness of rabbits, or (2) the condition and wholesomeness of any edible product at any state of the preparation or packaging thereof in the official plant where inspected and certified, or (3) the condition and wholesomeness of any previously inspected and certified product if such product has not lost its identity as an inspected and certified product.\n\n(r)  Inspection certificate  means a statement, either written or printed, issued by an inspector, pursuant to the regulations in this part, relative to the condition and wholesomeness of products.\n\n(s)  Inspector  means any person who is licensed by the Secretary to investigate and certify, in accordance with the regulations in this part, the condition and wholesomeness of products. An inspector is an employee of the Department or of a State; he may be a graduate veterinarian or a layman.\n\n(t)  Interested party  means any person financially interested in a transaction involving any inspection.\n\n(u)  National supervisor  means (1) the officer in charge of the rabbit inspection service of the Food Safety and Inspection Service, and (2) other officers or employees of the Department designated by the officer in charge of the rabbit inspection service of the Food Safety and Inspection Service.\n\n(v)  Official plant  means one or more buildings or parts thereof, comprising a single plant in which the facilities and methods of operation therein have been approved by the Administrator as suitable and adequate for operation under inspection service and in which inspection is carried on in accordance with the regulations in this part.\n\n(w)  Person  means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.\n\n(x)  Potable water  means water that has been approved by the State health authority as safe for drinking and suitable for food processing.\n\n(y)  Product  means ready-to-cook cooked rabbits, or edible products derived therefrom.\n\n(z)  Rabbit  means any domesticated rabbit, whether live or dead.\n\n(aa)  Rabbit inspection service  means the personnel who are engaged in the administration, application, and direction of rabbit inspection programs and services pursuant to the regulations in this part.\n\n(bb)  Ready-to-cook domestic rabbit  means any rabbit which has been slaughtered for human food, from which the head, blood, skin, feet, and inedible viscera have been removed, that is ready to cook without need of further processing. Ready-to-cook rabbit also means any cut-up or disjointed portion of rabbit or any edible part thereof, as described in this paragraph.\n\n(cc)  Regulations  means the provisions of this entire part as may be in effect at the time inspection is performed.\n\n(dd)  Secretary  means the Secretary of the Department, or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead.\n\n(ee)  Service  means the Food Safety and Inspection Service of the Department.\n\n(ff)  Station supervisor  means any authorized individual who is designated to supervise rabbit inspection service in a large official plant or in a group of several small plants."], ["9:9:2.0.2.1.33.0.17.2", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.", "FSIS", "", "", "", "Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said Act, and certain misrepresentations concerning the inspection of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meanings specified:\n\n(a)  Official certificate  means any form of certification, either written or printed, used under this part to certify with respect to the inspection or class or condition of products.\n\n(b)  Official memorandum  means any initial record of findings made by an authorized person in the process of inspecting or sampling, pursuant to this part, any processing or plant operation report made by an authorized person in connection with inspecting or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.\n\n(c)  Official mark  means the inspection mark, and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was inspected, or indicating the condition of the product, or for the purpose of maintaining the identity of products inspected under this part, including, but not limited to, that set forth in \u00a7 354.65.\n\n(d)  Official identification  means any symbol, stamp, label, or seal indicating that the product has been officially inspected and/or indicating the class or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.\n\n(e)  Official device  means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof."], ["9:9:2.0.2.1.33.0.18.3", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.3 Administration.", "FSIS", "", "", "", "The Administrator shall perform, for and under the supervision of the Secretary, such duties as are prescribed in the regulations in this part and as the Secretary may require in the administration of the regulations in this part. The Administrator is authorized to waive for limited periods any particular provisions of the regulations to permit experimentation so that new procedures, equipment, and processing techniques may be tested to facilitate definite improvements and, at the same time, to assure full compliance with the spirit and intent of the regulations. The Food Safety and Inspection Service and its officers and employees shall not be liable in damages through acts of commission or omission in the administration of this part."], ["9:9:2.0.2.1.33.0.19.4", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.10 Inspection service.", "FSIS", "", "", "", "Any inspection service in accordance with the regulations in this part shall be for condition and wholesomeness."], ["9:9:2.0.2.1.33.0.19.5", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.12 Eligibility.", "FSIS", "", "", "", "(a) Only rabbits which are processed in official plants in accordance with the regulations in this part may be inspected.\n\n(b) All rabbits that are eviscerated in an official plant where inspection service is maintained shall be inspected for condition and wholesomeness and no dressed rabbits or uninspected products shall be brought into such official plant."], ["9:9:2.0.2.1.33.0.19.6", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.13 Supervision.", "FSIS", "", "", "", "All inspection service shall be subject to supervision at all times by the station supervisor, circuit supervisor, area supervisor, and national supervisor. Such service shall be rendered where the facilities and conditions are satisfactory for the conduct of the service and the requisite inspectors are available."], ["9:9:2.0.2.1.33.0.19.7", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.14 Authority to waive provisions of \u00a7 354.12.", "FSIS", "", "", "", "The Administrator is authorized to waive the provisions of \u00a7 354.12 which pertain to the entry of uninspected edible products into official plants in specific instances where rabbits are to be brought into compliance with a law under the provisions of a court order. Such rabbits shall be handled in an official plant in accordance with such procedures as the Administrator may prescribe to insure proper segregation and identity of the rabbits or rabbit products until they are shipped from the official plant."], ["9:9:2.0.2.1.33.0.20.10", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.22 Surrender of license.", "FSIS", "", "", "", "Each license which is suspended, or revoked, or has expired shall promptly be surrendered by the licensee to his immediate superior. Upon termination of the services of a licensed inspector, the licensee shall promptly surrender his license to his immediate superior."], ["9:9:2.0.2.1.33.0.20.11", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.23 Identification.", "FSIS", "", "", "", "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 person."], ["9:9:2.0.2.1.33.0.20.12", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.24 Financial interest of inspectors.", "FSIS", "", "", "", "No inspector shall render service on any product in which he is financially interested."], ["9:9:2.0.2.1.33.0.20.13", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.25 Political activity.", "FSIS", "", "", "", "All inspectors are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activity 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, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Willful violation of \u00a7\u00a7 354.20 to 354.25 will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees."], ["9:9:2.0.2.1.33.0.20.14", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.26 Schedule of operation of official plants.", "FSIS", "", "", "", "Inspection operating schedules for services performed pursuant to \u00a7 354.107 shall be requested in writing and be approved by the Administrator. Normal operating schedules for a full week consist of a continuous 8-hour period per day (excluding not to exceed 1 hour for lunch), 5 consecutive days per week, within the period of Monday through Saturday, for each shift required. Less than 8-hour schedules may be requested and will be approved if an inspector is available. Sundays may not be approved in any tour of duty. Clock hours of daily operations need not be specified in the request, although as a condition of continued approval, the hours of operation shall be reasonably uniform from day to day. Inspectors are to be notified by management 1 day in advance of any change in the hours inspection service is requested."], ["9:9:2.0.2.1.33.0.20.8", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.20 Licensed or authorized inspectors.", "FSIS", "", "", "", "(a) Any person who is a Federal or State employee or the employee of a local jurisdiction possessing proper qualifications as determined by an examination for competency, and who is to perform inspection service under this part may be licensed or otherwise authorized by the Secretary as an inspector.\n\n(b) All licenses issued by the Secretary shall be countersigned by the officer in charge of the rabbit inspection service of the Animal and Plant Health Inspection Service or any other designated officer of such Service."], ["9:9:2.0.2.1.33.0.20.9", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.21 Suspension of license; revocation.", "FSIS", "", "", "", "Pending final action by the Secretary, any person authorized to countersign a license to perform inspection service may, whenever he deems such action necessary to assure that any inspection service is properly performed, suspend any license to perform inspection service issued pursuant to 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, the licensee 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 further 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 7 days, the license to perform inspection service is revoked."], ["9:9:2.0.2.1.33.0.21.15", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.30 Who may obtain inspection service.", "FSIS", "", "", "", "An application for inspection service may be made by any interested person, including, but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing."], ["9:9:2.0.2.1.33.0.21.16", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.31 How application for service may be made; conditions of resident service.", "FSIS", "", "", "", "(a) On a fee basis. An application for any inspection service on a fee basis may be made in any office of inspection or with any inspector at or nearest the place where the service is desired. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If the application for inspection service is made orally, the office of inspection or the inspector with whom the application is made, or the Administrator, may require that the application be confirmed in writing.\n\n(b) On a resident inspection basis. An application for resident inspection service must be made in writing on forms approved by the Administrator and filed with the Administrator. Such forms may be obtained at the national, area, or State inspection office. In making application, the applicant agrees to comply with the terms and conditions of the regulations (including, but not being limited to, such instructions governing inspection of products as may be issued from time to time by the Administrator). No member of or delegate to Congress or Resident Commissioner shall be admitted to any benefit that may arise from such service unless derived through service rendered a corporation for its general benefit."], ["9:9:2.0.2.1.33.0.21.17", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.32 Filing of application.", "FSIS", "", "", "", "An application for inspection service shall be regarded as filed only when made pursuant to the regulations in this part."], ["9:9:2.0.2.1.33.0.21.18", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.33 Authority of applicant.", "FSIS", "", "", "", "Proof of the authority of any person applying for inspection service may be required at the discretion of the Administrator."], ["9:9:2.0.2.1.33.0.21.19", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.34 Application for inspection service in official plants; approval.", "FSIS", "", "", "[41 FR 23702, June 11, 1976, as amended at 47 FR 746, Jan. 7, 1982]", "Any person desiring to process and pack products in a plant under inspection service must receive approval of such plant and facilities as an official plant prior to the rendition of such service. An application for inspection service to be rendered in an official plant shall be approved according to the following procedure:\n\n(a) Initial survey. When application has been filed for inspection service as aforesaid, the area supervisor, or his assistant, shall examine the plant, premises, and facilities and shall specify any additional facilities required for the service. Appeals with respect to any such specification may be made to the national supervisor.\n\n(b) Drawings and specifications to be furnished in advance of construction or alterations.\n\n(1) Four copies of drawings or blueprints showing the features specified herein shall be submitted to the Administrator. The drawings or blueprints shall be legible, made with sharp, clear lines, and properly drawn to scale, and shall consist of floor plans and a plot plan.\n\n(2) The plot plan shall show such features as the limits of the plant's premises, locations in outline of buildings on the premises, one point of the compass, and roadways and railroads serving the plant.\n\n(3) The floor plan shall show all space to be included in the official plant. If rooms or compartments shown on the drawings or blueprints are not to be included as part of the official plant, this shall be clearly indicated thereon.\n\n(4) The sheets of paper on which drawings or blueprints are made shall not exceed a size 34\u2033 \u00d7 44\u2033. The drawings other than of the plot plan shall be made to a scale of \n 1/8 \u2033 per foot, except that additional plans for some areas showing detail may be drawn to a scale of \n 1/4 \u2033 per foot. The plot plan may be drawn to a scale of not less than \n 1/32 \u2033 per foot. The drawings shall indicate the scale used and shall also indicate the floor shown (e.g., basement, first, or second).\n\n(c) Features required to be shown on floor plan. The following features shall be shown on the floor plan:\n\n(1) The principal pieces of equipment drawn to scale in the proper locations.\n\n(2) The name of the firm and the address of the plant by street and street number, or by other means properly identifying the location of the plant.\n\n(3) One point of the compass.\n\n(4) The doors and openings for passageways, designating those which are self-closing or permanently closed.\n\n(5) All floor drain openings and gutter drains.\n\n(6) Lavatories in toilet and processing rooms (lavatories which are other than hand-operated shall be so designated on the drawings or blueprints).\n\n(7) All steam and hot and cold water outlets for cleanup purposes.\n\n(8) Ice-making and storage facilities.\n\n(9) The point at which live rabbits are hung on the conveyor line, the point at which the ready-to-cook rabbits are removed, and any intermediate transfer points.\n\n(10) The routes of the edible and inedible products.\n\n(11) The location of fresh air inlets, exhaust fans, and hoods.\n\n(d) Specifications. Specifications covering the following items shall accompany the drawings:\n\n(1) Height of ceilings.\n\n(2) Type of ceilings\u2014open or closed.\n\n(3) Finish of ceilings; for example\u2014cement plaster, metal, marine plywood, cement, asbestos board, etc.\n\n(4) Finish of walls; for example\u2014cement plaster, glazed tile, glaze brick, glass blocks, etc.\n\n(5) Screens\u2014indicate whether all outside openings are screened or provided with other suitable devices against entrance of flies or other insects.\n\n(6) Finish of floors\u2014concrete, brick, mastic material, etc.\n\n(7) Drainage\u2014indicate the amount of slope of floors to the drains in processing rooms, coolers, toilets, and refuse rooms, and give description of trapping and venting of drainage lines and of floor drain openings. Indicate size of drainage lines and whether house drainage lines and toilet soil lines are separate to a point outside of buildings.\n\n(8) Heating\u2014indicate type.\n\n(9) Water supply\u2014indicate whether public or private water supply, or both, and specify in terms of gallons of water available per minute for the processing needs of the plant. Also indicate whether or not a nonpotable water supply is used for any purpose in the plant and, if so, specify such uses.\n\n(10) Hot water facilities\u2014specify facilities such as boilers, storage tanks, mixing valves, etc., and indicate the size and number of boilers and storage tanks.\n\n(11) Specify number of men and number of women who will use each toilet room.\n\n(12) Sewage disposal\u2014indicate whether city sewer, cesspool, sedimentation tank, etc.\n\n(13) Approximate rate of production\u2014indicate hourly rate of slaughter and evisceration for rabbits.\n\n(e) Rooms and compartments which must be included in the official plant. The official plant shall include employees' toilet and dressing rooms, office space for the inspectors, storerooms for supplies, refuse rooms, and rooms, compartments, or passageways where rabbits or any ingredients to be used in the preparation of products under inspection will be handled or kept. It also may include other rooms or compartments located in the buildings comprising the official plant.\n\n(f) Changes in drawings or blueprints. When changes are proposed in areas for which drawings or blueprints have been previously approved, one of the following types of revised drawings or blueprints shall be submitted for review and consideration.\n\n(1) A completely revised sheet or sheets showing proposed alterations or additions, or\n\n(2) Approved pasters of the proposed changes which may be affixed to the affected areas on the previously approved drawings or blueprints in a manner not obscuring essential data. Paster drawings and blueprints shall be prepared to the same scale and presented on a background similar to that of the originally approved drawing or blueprint.\n\n(g) Final survey and plant approval. Prior to the inauguration of the inspection service, a final survey of the plant and premises shall be made by the area supervisor or his assistant to determine if the plant is constructed and facilities are installed in accordance with the approved drawings and the regulations in this part. The plant may be approved by the Administrator only when these requirements have been met, except that conditional approval for a specified limited time may be granted only under emergency conditions of restricted availability of facilities and construction materials, provided practices suitable to the Administrator are employed to effect adequate sanitary conditions in the plant."], ["9:9:2.0.2.1.33.0.21.20", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.35 Rejection of application.", "FSIS", "", "", "", "Any application for inspection service may be rejected by the Administrator:\n\n(a) Whenever the applicant fails to meet the requirements of the regulations prescribing the conditions under which the service is made available;\n\n(b) Whenever the product is owned by or located on the premises of a person currently denied the benefits of the Act;\n\n(c) Where any individual holding office or a responsible position with or having a substantial financial interest or share in the applicant is currently denied the benefits of the Act or was responsible in whole or in part for the current denial of the benefits of the Act to any person;\n\n(d) Where the Administrator determines that the application is an attempt on the part of a person currently denied the benefits of the Act to obtain inspection service;\n\n(e) Whenever the applicant, after an initial survey has been made in accordance with \u00a7 354.34(a), fails to bring the plant, facilities, and operating procedures into compliance with the regulations within a reasonable period of time; or\n\n(f) Notwithstanding any prior approval whenever, before inauguration of service, the applicant fails to fulfill commitments concerning the inauguration of the service. Each such applicant shall be promptly notified by registered mail of the reasons for the rejection. A written petition for reconsideration of such rejection may be filed by the applicant with the Administrator if postmarked or delivered within 10 days after the receipt of notice of the rejection. Such petition shall state specifically the errors alleged to have been made by the Administrator in rejecting the application. Within 20 days following the receipt of such a petition for reconsideration, the Administrator shall approve the application or notify the applicant by registered mail of the reasons for the rejection thereof."], ["9:9:2.0.2.1.33.0.21.21", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.36 Withdrawal of application.", "FSIS", "", "", "", "Any application for inspection service may be withdrawn by the applicant at any time before the service is performed upon payment, by the applicant, of all expenses incurred by the Service in connection with such application."], ["9:9:2.0.2.1.33.0.21.22", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.38 Suspension of plant approval.", "FSIS", "", "", "", "(a) Any plant approval given pursuant to the regulations in this part may be suspended by the Administrator for:\n\n(1) Failure to maintain plant and equipment in a satisfactory state of repair;\n\n(2) The use of operating procedures which are not in accordance with the regulations in this part; or\n\n(3) Alterations of buildings, facilities, or equipment which cannot be approved in accordance with the regulations in this part.\n\n(b) During such period of suspension, inspection service shall not be rendered. However, the other provisions of the regulations pertaining to providing service on a resident basis will remain in effect unless such service is terminated in accordance with the provisions of this part. If the plant facilities or methods of operation are not brought into compliance within a reasonable period of time, to be specified by the Administrator, the service shall be terminated. Upon termination of inspection service in an official plant pursuant to the regulations in this part, the plant approval shall also become terminated, and all labels, seals, tags or packaging material bearing official identification shall, under the supervision of a person designated by the Service, either be destroyed, or the official identification completely obliterated, or sealed in a manner acceptable to the Service."], ["9:9:2.0.2.1.33.0.22.23", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.45 Denial of service.", "FSIS", "", "", "[41 FR 23702, June 11, 1976, as amended at 43 FR 11148, Mar. 17, 1978]", "(a) The acts or practices set forth in \u00a7\u00a7 354.46 through 354.51 or the causing thereof may be deemed sufficient cause, for the debarment, by the Secretary, 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 after notice and opportunity for hearing has been afforded.\n\n(b) Whenever the Administrator has reason to believe that any person or his employee, agent, or representative has flagrantly or repeatedly committed any of the acts or practices specified in \u00a7\u00a7 354.46 to 354.51, he may, without hearing, direct that the benefits of the Act be denied such person, including any agents, officers, subsidiaries, or affiliates of such person, pending investigation and hearing, and shall give notice thereof to any such person in the manner prescribed in \u00a7 1.147(b) of the rules of practice (7 CFR 1.147(b)). The Administrator's decision to deny the benefits of the Act to any such person, including any agents, officers, subsidiaries, or affiliates of such person, shall be effective upon service of such notice. A written petition for reconsideration of such interim denial may be filed with the Administrator by any person so denied the benefits of the Act within 10 days after notice of the interim denial. Such petition shall state specifically the errors alleged to have been made by the Administrator in denying the benefits of the Act pending investigation and hearing. Within 20 days following the receipt of such petition for reconsideration, the Administrator shall reinstate the benefits of the Act or notify the petitioner of the reasons for continued interim denial."], ["9:9:2.0.2.1.33.0.22.24", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.46 Misrepresentation; deceptive or fraudulent acts or practices.", "FSIS", "", "", "", "Any willful misrepresentation or any deceptive or fraudulent act or practice made or committed by any person in connection with:\n\n(a) The making or filing of any application for any inspection service;\n\n(b) The making of the product accessible for inspection;\n\n(c) The making, issuing, or using, or attempting to issue or use any inspection certificate, symbol, stamp, label, seal or identification, authorized pursuant to the regulations in this part;\n\n(d) The use of the terms \u201cU.S. Inspected\u201d or \u201cGovernment Inspected\u201d, or any term of similar import in the labeling or advertising of any product."], ["9:9:2.0.2.1.33.0.22.25", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.47 Use of facsimile forms.", "FSIS", "", "", "", "Using or attempting to use a form which simulates, in whole or in part, any certificate, symbol, stamp, label, seal or identification authorized to be issued or used under the regulations in this part."], ["9:9:2.0.2.1.33.0.22.26", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.48 Willful violation of the regulations.", "FSIS", "", "", "", "Any willful violation of the regulations in this part or the Act."], ["9:9:2.0.2.1.33.0.22.27", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.49 Interfering with an inspector or employee of Service.", "FSIS", "", "", "", "Any interference with or obstruction or any attempted interference or obstruction of or assault upon any inspector or employee of the Service in the performance of his duties. The giving or offering directly or indirectly of any money, loan, gift, or anything of value to an employee of the Service or the making or offering of any contribution to or in any way supplementing the salary, compensation, or expenses of an employee of the Service, or the offering or entering into a private contract or agreement with an employee of the Service for any services to be rendered while employed by the Service."], ["9:9:2.0.2.1.33.0.22.28", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.51 Miscellaneous.", "FSIS", "", "", "", "The existence of any of the conditions set forth in \u00a7 354.35 constituting a basis for the rejection of an application for inspection service."], ["9:9:2.0.2.1.33.0.23.29", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.53 Other applicable regulations.", "FSIS", "", "", "", "Compliance with the regulations in this part shall not excuse failure to comply with any other Federal or any State or municipal applicable laws or regulations."], ["9:9:2.0.2.1.33.0.24.30", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.60 Approval of official identification.", "FSIS", "", "", "[88 FR 2811, Jan. 18, 2023]", "All labels intended for use on inspected and passed rabbit products which bear any official identification must be approved in accordance with part 412 of this chapter."], ["9:9:2.0.2.1.33.0.24.31", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.62 Inspection mark with respect to product.", "FSIS", "", "", "", "The Administrator is authorized to prescribe and approve the form of the inspection mark that may be used."], ["9:9:2.0.2.1.33.0.24.32", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.63 Marking inspected products.", "FSIS", "", "", "", "(a)  Wording and form of inspection mark.  Except as otherwise authorized, the inspection mark permitted to be used with respect to inspected and certified edible products shall include wording as follows: \u201cInspected for Wholesomeness by U.S. Department of Agriculture.\u201d This wording shall be contained within a circle in the form and arrangement shown in \u00a7 354.65. The appropriate plant number of the official plant shall be included in the circle unless it appears elsewhere on the packaging material. The Administrator may approve the use of abbreviations of such inspection mark, and such approved abbreviations shall have the same force and effect as the inspection mark. The inspection mark or approved abbreviation thereof, as the case may be, may be applied to the inspected and certified edible product or to the packaging material of such product. When the inspection mark, or the approved abbreviation thereof, is used on packaging material, it shall be printed on such material or on a label to be affixed to the packaging material and the name of the packer or distributor of such product shall be printed on the packaging material or label, as the case may be, except that on shipping containers and containers for institutional packs, the inspection marks may be stenciled on the container and, when the inspection mark is so stenciled, the name and address of the packer or distributor may be applied by the use of a stencil or a rubber stamp. Notwithstanding the foregoing, the name and address of the packer or distributor, if appropriately shown elsewhere on the packaging material, may be omitted from insert labels which bear an official identification if the applicable plant number is shown.\n\n(b)  Wording on labels.  Each trade label to be approved for use pursuant to \u00a7\u00a7 354.60 to 354.64 with respect to any inspected and certified edible product shall bear the true name of the edible product, the name and address of the packer or distributor thereof, and in prominent letters and figures of uniform size, the inspection mark, as aforesaid, and the label shall also bear, in such manner as may be prescribed or approved by the Administrator, the plant number, if any, of the official plant in which such product was inspected and certified. The class of the rabbits shall be shown on the label. The appropriate designation \u201cyoung\u201d, \u201cmature\u201d, or \u201cold\u201d may be used as a prefix to the word \u201crabbit\u201d in lieu of the class name.\n\n(c)  Labels in foreign languages.  Any trade label to be affixed to a container of any edible products for foreign commerce may be printed in a foreign language. However, the inspection mark shall appear on the label in English, but, in addition, may be literally translated into such foreign language. Each such trade label which is to be printed in a foreign language must be approved pursuant to \u00a7\u00a7 354.60 to 354.64.\n\n(d)  Unauthorized use or disposition of approved labels.  (1) Labels approved for use pursuant to \u00a7\u00a7 354.60 to 354.64 shall be used only for the purpose for which approved and shall not otherwise be disposed of from the plant for which approved except with written approval of the Administrator. Any unauthorized use or disposition of approved labels or labels bearing official identification may result in cancellation of the approval and denial of the use of labels bearing official identification or denial of the benefits of the Act pursuant to the provisions of \u00a7 354.60.\n\n(2) The use of simulations or imitations of any official identification by any person is prohibited.\n\n(e)  Rescindment of approved labels.  Once a year, or more often if requested, each applicant shall submit to the Administrator a list in triplicate of approved labels that have become obsolete, accompanied with a statement that such approvals are no longer desired. The approvals shall be identified by the date of approval and the name of product or other designation showing the class of material."], ["9:9:2.0.2.1.33.0.24.33", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.64 Form of official identification.", "FSIS", "", "", "", "The form prescribed in \u00a7 354.65 is subject to the requirements of \u00a7\u00a7 354.60 to 354.64, Identifying and Marking Products."], ["9:9:2.0.2.1.33.0.24.34", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.65 Form of inspection mark.", "FSIS", "", "", "", "The inspection mark approved for use on inspected and certified edible products shall be contained within a circle and include the following wording: \u201cInspected for Wholesomeness by U.S. Department of Agriculture.\u201d The form and arrangement of such wording shall be as indicated in the example below. The plant number of the official plant shall be set forth if it does not appear on the packaging material."], ["9:9:2.0.2.1.33.0.25.35", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.70 Evidence of label approval.", "FSIS", "", "", "", "No inspector shall authorize the use of official identification for any inspected product unless he has on file evidence that such official identification or packaging material bearing such official identification has been approved in accordance with the provisions of \u00a7\u00a7 354.60 to 354.64."], ["9:9:2.0.2.1.33.0.25.36", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.71 Affixing of official identification.", "FSIS", "", "", "", "(a) No official identification or any abbreviation, copy, or representation thereof may be affixed to or placed on or caused to be affixed to or placed on any product or container thereof except by an inspector or under the supervision of an inspector. All such products shall have been inspected and certified. The inspector shall have supervision over the use and handling of all material bearing any official identification.\n\n(b) Each container of inspected and certified products to be shipped from one official plant to another official plant for further processing shall be marked for identification and shall show the following information:\n\n(1) The name of the inspected and certified products in the container;\n\n(2) The name and address of the packer or distributor of such products;\n\n(3) The net weight of the container;\n\n(4) The inspection mark permitted to be used pursuant to the regulations in this part unless the containers are sealed or otherwise identified in such manner as may be approved by the Administrator; and\n\n(5) The plant number of the official plant where the products were packed."], ["9:9:2.0.2.1.33.0.25.37", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.72 Packaging.", "FSIS", "", "", "", "No container which bears or may bear any official identification or any abbreviation or copy or representation thereof may be filled in whole or in part except with edible products which were inspected and certified and are, at the time of such filing, sound, wholesome, and fit for human food. All such filling of containers shall be under the supervision of an inspector."], ["9:9:2.0.2.1.33.0.25.38", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.73 Retention labels.", "FSIS", "", "", "", "An inspector may use such labels, devices, and methods as may be approved by the Administrator for the identification of:\n\n(a) Products which are held for further examination, and\n\n(b) All equipment and utensils which are to be held for proper cleaning."], ["9:9:2.0.2.1.33.0.25.39", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.74 Prerequisites to inspection.", "FSIS", "", "", "", "Inspection of products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator."], ["9:9:2.0.2.1.33.0.25.40", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.75 Accessibility of products.", "FSIS", "", "", "", "Each product for which inspection service is requested shall be so arranged so as to permit adequate determination of its class, quantity, and condition as the circumstances may warrant."], ["9:9:2.0.2.1.33.0.25.41", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.76 Time of inspection in an official plant.", "FSIS", "", "", "", "The inspector who is to perform the inspection in an official plant shall be informed, in advance, by the applicant of the hours when such inspection is desired. Inspectors shall have access at all times to every part of any official plant to which they are assigned."], ["9:9:2.0.2.1.33.0.26.42", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.90 Report of inspection work.", "FSIS", "", "", "", "Reports of the work of inspection carried on within official plants shall be forwarded to the Administrator by the inspector in such manner as may be specified by the Administrator."], ["9:9:2.0.2.1.33.0.26.43", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.91 Information to be furnished to inspectors.", "FSIS", "", "", "[41 FR 23702, June 11, 1976, as amended at 47 FR 746, Jan. 7, 1982]", "When inspection service is performed within an official plant, the applicant for such inspection shall furnish to the inspector rendering such service such information as may be required for the purposes of \u00a7\u00a7 354.90 to 354.92."], ["9:9:2.0.2.1.33.0.26.44", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.92 Reports of violation.", "FSIS", "", "", "", "Each inspector shall report, in the manner prescribed by the Administrator, all violations of and noncompliance with the Act and the regulations in this part of which he has knowledge."], ["9:9:2.0.2.1.33.0.27.45", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.100 Payment of fees and charges.", "FSIS", "", "", "", "(a) Fees and charges for any inspection shall be paid by the applicant for the service in accordance with the applicable provisions of \u00a7\u00a7 354.100 to 354.110, both inclusive. If so required by the inspector, such fees and charges shall be paid in advance.\n\n(b) Fees and charges for any inspection service shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by check, draft, or money order payable to the Food Safety and Inspection Service and remitted promptly to the Service.\n\n(c) Fees and charges for any inspection pursuant to a cooperative agreement with any State or person shall be paid in accordance with the terms of such cooperative agreement."], ["9:9:2.0.2.1.33.0.27.46", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.101 On a fee basis.", "FSIS", "", "", "[41 FR 23702, June 11, 1976, as amended at 53 FR 13398, Apr. 22, 1988; 54 FR 6390, Feb. 10, 1989]", "(a) Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.\n\n(b) The charges for inspection service will be based on the time required to perform such services. The hourly rates shall be as specified in \u00a7\u00a7 391.2 and 391.3 respectively for base time and for overtime or holiday work.\n\n(c) Charges for certain laboratory analysis or laboratory examination of rabbits under this part related to inspection service shall be at the rate specified in \u00a7 391.4 for that part which is not covered under the base time, overtime, and/or holiday costs."], ["9:9:2.0.2.1.33.0.27.47", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.105 Fees for additional copies of inspection certificates.", "FSIS", "", "", "", "Additional copies, other than those provided for in \u00a7\u00a7 354.141, 354.142, and 354.143, of any inspection certificates may be supplied to any interested party upon payment of a fee of $2.00 for each set of five or fewer copies."], ["9:9:2.0.2.1.33.0.27.48", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.106 Travel expenses and other charges.", "FSIS", "", "", "", "Charges are to be made to cover the cost of travel and other expenses incurred by the Service in connection with rendering inspection service. Such charges shall include the costs of transportation, per diem, and any other expenses."], ["9:9:2.0.2.1.33.0.27.49", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.107 Continuous inspection performed on a resident basis.", "FSIS", "", "", "[54 FR 6390, Feb. 10, 1989]", "The charges for inspection of rabbits and products thereof shall be those provided for in \u00a7 354.101(b) and specified by hourly rates in \u00a7\u00a7 391.2 and 391.3 when the inspection service is performed on a continuous year-round resident basis and the services of an inspector or inspectors are required 4 or more hours per day. When the services of an inspector are required on an intermittent basis, the charges shall be those provided for in \u00a7 354.101(b) and specified by hourly rates in \u00a7\u00a7 391.2 and 391.3 plus the travel expense and other charges provided for in \u00a7 354.106."], ["9:9:2.0.2.1.33.0.27.50", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.109 Fees or charges for inspection service performed under cooperative agreement.", "FSIS", "", "", "", "Fees or charges to be made to an applicant for any inspection service which differ from those listed in \u00a7\u00a7 354.100 through 354.107 shall be provided for by a cooperative agreement."], ["9:9:2.0.2.1.33.0.27.51", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.110 Disposition of fees for inspection made under cooperative agreement.", "FSIS", "", "", "", "Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted to the Service."], ["9:9:2.0.2.1.33.0.28.52", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.120 Manner of handling products in an official plant.", "FSIS", "", "", "", "Unless otherwise specified in the regulations in this part or by the Administrator, products which are to be further processed under inspection in an official plant shall be prepared and handled in such official plant under the supervision of an inspector."], ["9:9:2.0.2.1.33.0.28.53", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.121 Ante-mortem inspection.", "FSIS", "", "", "", "An ante-mortem inspection of rabbits shall, where and to the extent considered necessary by the Administrator and under such instructions as he may issue from time to time, be made of rabbits on the day of slaughter in any official plant processing rabbits under inspection pursuant to the regulations in this part."], ["9:9:2.0.2.1.33.0.28.54", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.122 Condemnation on ante-mortem inspection.", "FSIS", "", "", "", "Rabbits found in a dying condition on premises of an official plant shall be immediately destroyed and, together with any rabbits found dead on such premises, shall be disposed of in accordance with \u00a7 354.132. Rabbits plainly showing, on ante-mortem inspection, any disease or condition, that under \u00a7\u00a7 354.129 to 354.131, inclusive, would cause condemnation of their carcasses on post-mortem inspection, shall be condemned. Rabbits which, on ante-mortem inspection, are condemned shall not be dressed, nor shall they be conveyed into any department of the plant where rabbit products are prepared or held. Rabbits which have been condemned on ante-mortem inspection and have been killed shall, under the supervision of an inspector of the Inspection Service, receive treatment as provided in \u00a7 354.132."], ["9:9:2.0.2.1.33.0.28.55", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.123 Segregation of suspects on ante-mortem inspection.", "FSIS", "", "", "", "All rabbits which, on ante-mortem inspection, do not plainly show, but are suspected of being affected with any disease or condition that under \u00a7\u00a7 354.129 to 354.131, inclusive, may cause condemnation in whole or in part on post-mortem inspection, shall be segregated from the other rabbits and held for separate slaughter, evisceration, and post-mortem inspection. The inspector shall be notified when such segregated lots are presented for post-mortem inspection and inspection of such rabbits shall be conducted separately. Such procedure for the correlation of ante-mortem and post-mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out."], ["9:9:2.0.2.1.33.0.28.56", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.124 Quarantine of diseased rabbits.", "FSIS", "", "", "", "If live rabbits, which are affected by any contagious disease which is transmissible to man, are brought into an official establishment, such rabbits shall be segregated. The slaughtering of such rabbits shall be deferred and they shall be dealt with in one of the following ways:\n\n(a) If it is determined by a veterinary inspector that further handling of the rabbits will not create a health hazard, the lot shall be subject to ante-mortem and post-mortem inspection pursuant to the regulations in this part.\n\n(b) If it is determined by a veterinary inspector that further handling of the rabbits will not create a health hazard, such rabbits may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful rabbit-by-rabbit ante-mortem inspection shall be made, and all rabbits found to be, or which are suspected of being, affected with the contagious disease transmissible to man shall be condemned."], ["9:9:2.0.2.1.33.0.29.57", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.125 Evisceration.", "FSIS", "", "", "", "No viscera or any part thereof shall be removed from any rabbits which are to be processed under inspection in any official plant, except at the time of evisceration and inspection. Each carcass to be eviscerated shall be opened so as to expose the organs and the body cavity for proper examination by the inspector and shall be prepared immediately after inspection as ready-to-cook rabbit."], ["9:9:2.0.2.1.33.0.29.58", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.126 Carcasses held for further examination.", "FSIS", "", "", "", "Each carcass, including all parts thereof, in which there is any lesion of disease or other condition, which might render such carcass or any part thereof unfit for human food, and with respect to which a final decision cannot be made on first examination by the inspector, shall be held for further examination. The identity of each such carcass, including all parts thereof, shall be maintained until a final examination has been completed."], ["9:9:2.0.2.1.33.0.29.59", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.127 Condemnation and treatment of carcasses.", "FSIS", "", "", "", "Each carcass, or any part thereof, which is found to be unsound, unwholesome, or otherwise unfit for human food shall be condemned by the inspector and shall receive such treatment, under the supervision of the inspector, as will prevent its use for human food and preclude dissemination of disease through consumption by animals."], ["9:9:2.0.2.1.33.0.29.60", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.128 Certification of carcasses.", "FSIS", "", "", "", "Each carcass and all parts and organs thereof which are found by the inspector to be sound, wholesome, and fit for human food shall be certified as provided in this part."], ["9:9:2.0.2.1.33.0.30.61", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.129 General.", "FSIS", "", "", "", "The carcasses or parts of carcasses of all rabbits inspected at an official establishment and found at the time of post-mortem inspection, or at any subsequent inspection, to be affected with any of the diseases or conditions named in other sections in this part, shall be disposed of in accordance with the section pertaining to the disease or condition. Owing to the fact that it is impracticable to formulate rules for each specific disease or condition and to designate at just what stage a disease process results in an unwholesome product, the decision as to the disposal of all carcasses, parts, or organs not specifically covered by the regulations, or by instructions of the Administrator issued pursuant thereto, shall be left to the inspector in charge, and if the inspector in charge is in doubt concerning the disposition to be made, specimens from such carcasses shall be forwarded to the laboratory for diagnosis."], ["9:9:2.0.2.1.33.0.30.62", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.130 Diseases or conditions evident which require condemnation.", "FSIS", "", "", "", "(a) Carcasses of rabbits affected with or showing lesions of any of the following named diseases or conditions shall be condemned: Tularemia, anthrax, hemorrhagic septicemia, pyemia, septicemia, leukemia, acute enteritis, peritonitis, sarcomatosis, metritis, necrobacillosis (Smorl's Disease), tuberculosis, emaciation, streptobacillary pseudotuberculosis, and advanced stages of snuffles. Rabbits from pathological laboratories shall be condemned.\n\n(b) Any organ or part of a rabbit carcass affected with a tumor shall be condemned and when there is evidence that the general condition of the rabbit has been affected by the size, position, or nature of the tumor, the whole carcass shall be condemned. In cases of malignant neoplasms involving any internal organ to a marked extent, or affecting the muscles, skeleton, or body lymph glands, even primarily, the whole carcass shall be condemned.\n\n(c) Carcasses of rabbits showing any disease such as generalized melanosis, pseudoleukemia, and the like, which systemically affect the rabbit, shall be condemned.\n\n(d) Any organ or part of a carcass which is badly bruised or which is affected by an abscess, or a suppurating sore, shall be condemned. Parts or carcasses which are contaminated by pus shall be condemned.\n\n(e) Carcasses of rabbits contaminated by volatile oils, paints, poisons, gases, or other substances which affect the wholesomeness of the carcass shall be condemned.\n\n(f) All carcasses of rabbits so infected that consumption of the meat or meat food products thereof may give rise to meat poisoning shall be condemned. This includes all carcasses showing signs of any of the following diseases: Acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges; septicemia or pyemia, whether traumatic, or without evident cause; gangrenous or severe hemorrhagic enteritis or gastritis; polyarthritis and acute nephritis. Immediately after the slaughter of any rabbit so infected, the infected premises and implements used shall be thoroughly sanitized. The part or parts of any carcass coming into contact with the carcass or any part of the carcass of any rabbit covered by this section other than those affected with acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges, shall be condemned.\n\n(g) Carcasses showing any degree of icterus with a parenchymatous degeneration of organs, the result of infection or intoxication, and those which, as a result of a pathological condition, show an intense yellow or greenish-yellow discoloration without evidence of infection or intoxication shall be condemned.\n\n(h) Carcasses of rabbits affected with mange or scab in advanced stages, or showing emaciation or extension of the inflammation to the flesh, shall be condemned. When the diseased condition is slight, the carcass may be passed for food after removal and condemnation of the affected parts.\n\n(i) In the disposal of carcasses and parts of carcasses showing evidence of infestation with parasites not transmissible to man, the following general rules shall govern: If the lesions are localized in such manner and are of such character that the parasites and the lesions caused by them may be radically removed, the non-affected portion of the carcass, or part of the carcass, may be certified for food after the removal and condemnation of the affected portions. Where a part of a carcass shows numerous lesions caused by parasites, or the character of the infestation is such that complete extirpation of the parasites and lesions is difficult and uncertainly accomplished, or if the parasitic infestation or invasion renders the organ or part in any way unfit for food, the affected organ or part shall be condemned. Where parasites are found to be distributed in a carcass in such a manner or to be of such a character that their removal and the removal of the lesions caused by them are impracticable, no part of the carcass shall be certified for food and the entire carcass shall be condemned. Carcasses infested with a hydatid cyst or cysts (Echinococcus granulosis), transmissible to dogs and from dogs to man, shall in all cases be condemned regardless of the degree of infestation.\n\n(j) Carcasses of rabbits showing such degree of emaciation or anemic condition as would render the meat unwholesome, and carcasses which show a slimy degeneration of the fat or a serious infiltration of the muscles shall be condemned."], ["9:9:2.0.2.1.33.0.30.63", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.131 Decomposition.", "FSIS", "", "", "", "Carcasses of rabbits deleteriously affected by post-mortem changes shall be disposed of as follows:\n\n(a) Carcasses which have reached a state of putrefaction or stinking fermentation shall be condemned.\n\n(b) [Reserved]\n\n(c) Carcasses affected by types of post-mortem change which are superficial in nature may be certified for food after removal and condemnation of affected parts."], ["9:9:2.0.2.1.33.0.30.64", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.132 Disposal of condemned carcasses and parts.", "FSIS", "", "", "", "All condemned carcasses, or parts of carcasses, shall be disposed of by one of the following methods, under the supervision of an inspector of the Inspection Service: (Facilities and materials for carrying out the requirements in this section shall be furnished by the official establishment.)\n\n(a) Steam treatment (which shall be accomplished by processing the condemned product in a pressure tank under at least 40 pounds of steam pressure) or thorough cooking in a kettle or vat for a sufficient time to effectively destroy the product for human food purposes and preclude dissemination of disease through consumption by animals. Tanks and equipment used for this purpose or for rendering or preparing inedible products shall be in rooms or compartments separate from those used for the preparation of edible products. There shall be no direct connection, by means of pipes or otherwise, between tanks containing inedible products and those containing edible products.\n\n(b) Incineration or complete destruction by burning.\n\n(c) Chemical denaturing, which shall be accomplished by the liberal application to all carcasses and parts thereof, of:\n\n(1) Crude carbolic acid,\n\n(2) Kerosene, fuel oil, or used crank case oil,\n\n(3) Any phenolic disinfectant conforming to commercial standards CS 70-41 or CS 71-41 which shall be used in at least 2 percent emulsion or solution, or\n\n(4) Any other substance that the Administrator approves which will decharacterize the carcasses or parts to the extent necessary to accomplish the purposes of this section."], ["9:9:2.0.2.1.33.0.31.65", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.133 Reinspection of edible products; ingredients.", "FSIS", "", "", "", "(a) Any inspected and certified edible product may be brought into an official plant only if the container of such product is marked for identification in the manner prescribed in \u00a7 354.71(b) and the product is reinspected by an inspector at the time it is brought into such plant. Upon reinspection, if any such product or portion thereof is found to be unsound, unwholesome, or otherwise unfit for human food, such product, or portion thereof, shall be condemned and shall receive treatment as provided in \u00a7 354.127.\n\n(b) Any product which is prepared under inspection in an official plant shall be inspected in such plant as often as the inspector deems it necessary in order to ascertain whether such product is sound, wholesome, and fit for human food at the time such product leaves such plant. Upon any such inspection, if any such product or portion thereof is found to be unsound, unwholesome, or otherwise unfit for human food, such product or portion thereof shall be condemned and shall receive treatment as provided in \u00a7 354.127.\n\n(c) All substances and ingredients used in the manufacture or preparation of any edible product shall be clean, sound, wholesome, and fit for human food. Liquid and frozen egg products used in the preparation of any edible product shall have been prepared under continuous inspection of the Department."], ["9:9:2.0.2.1.33.0.32.66", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.134 Appeal inspections; how made.", "FSIS", "", "", "[87 FR 63423, Oct. 19, 2022]", "Any person receiving inspection service may, if dissatisfied with any decision of an inspector relating to any inspection, file an appeal from such decision or action in accordance with 9 CFR 500.9."], ["9:9:2.0.2.1.33.0.33.67", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.140 Forms of inspection certificates.", "FSIS", "", "", "", "Each inspection certificate issued pursuant to the regulations in this part shall be approved by the Administrator as to form, and:\n\n(a) Each rabbit inspection certificate shall show the class or classes of rabbits, the quantity of product contained in the respective lot, and all pertinent information concerning the condition and wholesomeness thereof;\n\n(b) Each food product inspection certificate shall show the names of the edible products covered by such certificate, the quantity of each such product, such shipping marks as are necessary to identify such products, and all pertinent information concerning the condition and wholesomeness thereof;\n\n(c) Each export certificate shall show the respective names of the exporter and the consignee, the destination, the shipping marks, the numbers of the export stamps attached to the edible products to be exported and covered by the certificate, and the names of such products and the total net weight thereof."], ["9:9:2.0.2.1.33.0.33.68", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.141 Issuance and disposition of rabbits inspection certificates.", "FSIS", "", "", "", "(a) Upon the request of an interested party, any inspector is authorized to issue a rabbit inspection certificate with respect to any lot of rabbits inspected by him. Each certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of rabbits, each such inspector shall sign the certificate with respect to such lot.\n\n(b) The original and a copy of each inspection certificate, issued pursuant to \u00a7\u00a7 354.140 to 354.144, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the office of the area supervisor serving the area in which the inspection was performed, and the remaining copies shall be disposed of in such manner as the Administrator may approve. Additional copies of any such certificate may be furnished to any interested party as provided in \u00a7 354.105."], ["9:9:2.0.2.1.33.0.33.69", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.142 Food product inspection certificates; issuance and disposition.", "FSIS", "", "", "", "(a) Upon the request of an interested party, any inspector is authorized to issue a food product inspection certificate with respect to any inspected and certified edible product after suitable examination of the product has been made by the inspector.\n\n(b) The original of each food product inspection certificate, and not to exceed two copies thereof, if requested, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Another copy shall be filed in the office of the regional supervisor serving the area in which such certificate was issued, and one copy shall be forwarded to the Administrator. The last named two copies shall be retained until otherwise ordered by the Administrator."], ["9:9:2.0.2.1.33.0.33.70", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.143 Export certificates; issuance and disposition.", "FSIS", "", "", "", "(a) Upon the request of an exporter, any inspector is authorized to issue an export certificate with respect to the shipment to any foreign country of any inspected and certified edible product after suitable examination of the product has been made by the inspector.\n\n(b) Each export certificate shall be issued in quintuplicate; the original shall be delivered to the exporter who requested such certificate, and the duplicate copy shall be delivered to the agent of the railroad or other carrier transporting such products from the United States. The triplicate copy of such export certificate shall be forwarded to the Administrator; the quadruplicate copy shall be filed in the office of the regional supervisor serving the area in which such export certificate was issued, and the memorandum copy shall be retained by the inspector for filing. The last named three copies shall be retained until otherwise ordered by the Administrator."], ["9:9:2.0.2.1.33.0.33.71", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.144 Advance information.", "FSIS", "", "", "", "Upon the request of an applicant, all or part of the contents of any inspection certificate issued to such applicant may be telephoned or telegraphed to him, or to any person designated by him, at his expense."], ["9:9:2.0.2.1.33.0.34.72", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.160 General.", "FSIS", "", "", "", "Any rabbit inspection system may be deemed to be acceptable to the Administrator which:\n\n(a) Is conducted under the authority of laws, ordinances, or similar enactments of the State, county, city, or other political subdivision in which is located the official plant at which the ready-to-cook rabbits are prepared and\n\n(b) Imposes at least the requirements set forth in \u00a7 354.161:  Provided,  That no such inspection shall be deemed acceptable to the Administrator with respect to any official plant in which ready-to-cook rabbits are prepared if he finds at any time that such requirements are not adequately enforced."], ["9:9:2.0.2.1.33.0.34.73", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.161 Requirements as to manner of inspection.", "FSIS", "", "", "", "(a) The inspection shall be conducted by an inspector who is a qualified veterinarian or under the supervision of a qualified veterinarian. All such inspectors shall be employed by the State, county, city, or other political subdivision in which the official plant is located.\n\n(b) The inspection shall include post-mortem examination of each rabbit carcass during the evisceration operation.\n\n(c) All carcasses which show evidence of disease or any other condition which may render them unwholesome or unfit for food shall be condemned and shall be destroyed for food purposes under the supervision of an inspector. Each carcass and part thereof which has been inspected and passed or containers of carcasses or parts thereof shall bear the identifying inspection symbol of the official inspection system and the marking devices or labels shall be in the custody of the inspector at all times."], ["9:9:2.0.2.1.33.0.34.74", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.162 Determining compliance with \u00a7 354.161.", "FSIS", "", "", "", "A qualified veterinary supervisor of the rabbit inspection service shall investigate the manner of operation of the inspection system to determine the adequacy of the post-mortem examination and the compliance with the requirements contained in \u00a7\u00a7 354.160 to 354.162 prior to approving the official plant for the inspection of ready-to-cook rabbits. This supervisor, as well as any official graders who may be stationed in the official plant, shall periodically observe the inspection operations in the official plant to determine that the requirements of \u00a7\u00a7 354.160 to 354.162 are being met."], ["9:9:2.0.2.1.33.0.36.75", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.210 Minimum standards for sanitation, facilities, and operating procedures in official plants.", "FSIS", "", "", "", "The provisions of \u00a7\u00a7 354.210 to 354.247 shall apply with respect to inspection service in all official plants. The table set forth in \u00a7 354.247 indicates some of the types of material which may be used in the construction of equipment, utensils, and facilities for use in the plant."], ["9:9:2.0.2.1.33.0.37.76", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.220 Buildings.", "FSIS", "", "", "", "The buildings shall be of sound construction and kept in good repair, and shall be of such construction as to prevent the entrance or harboring of vermin.\n\n(a)  Outside openings.  (1) The doors, windows, skylights, and other outside openings of the plant, except receiving rooms and live rabbit holding rooms, shall be protected by properly fitted screens or other suitable devices against the entrance of flies and other insects.\n\n(2) Outside doors, except in receiving rooms and live rabbit holding rooms, shall be self-closing and so hung that not over \n 1/4 -inch clearance remains when closed. Screen doors shall open toward the outside of the building."], ["9:9:2.0.2.1.33.0.37.77", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.221 Rooms and compartments.", "FSIS", "", "", "", "Rooms and compartments used for edible products shall be separate and distinct from inedible products departments and from rooms where rabbits are slaughtered and skinned. Separate rooms shall be provided when required for conducting processing operations in a sanitary manner, and all rooms shall be of sufficient size to permit the installation of the necessary equipment for processing operations and the conduct of such operations in a sanitary manner.\n\n(a)  Rooms for separate operation.  The official plant should have separate rooms for each of the following operations depending upon the various types of operations conducted, but, in no case, shall the receiving or holding of live rabbits or killing operations be permitted in rooms in which eviscerating operations are performed:\n\n(1) The receiving and feeding of live rabbits.\n\n(2) Killing and skinning operations.\n\n(3) Eviscerating, chilling, and packing operations for ready-to-cook rabbits.\n\n(4) Inedible products departments.\n\n(5) Refuse room.\n\n(b)  Rooms for holding carcasses for further inspection.  Rooms and compartments in which carcasses or parts thereof are held for further inspection shall be in such number and such location as the needs of the inspection in the plant may require. They shall be equipped with locks and keys and the keys shall not leave the custody of the inspector in charge of the plant. All such rooms and compartments shall be marked conspicuously with the word \u201cretained\u201d in letters not less than 2 inches high.\n\n(c)  Coolers and freezers.  Coolers and freezers of adequate size and capacity shall be provided to reduce the internal temperature of ready-to-cook rabbits prepared and otherwise handled in the plant to 36 \u00b0F. within 24 hours unless other cooling facilities are available.\n\n(d)  Refuse rooms.  Refuse rooms shall be entirely separate from other rooms in the plant, and shall have tight fitting doors and be properly ventilated.\n\n(e)  Storage and supply rooms.  The storage and supply rooms shall be in good repair, kept dry, and maintained in a sanitary condition.\n\n(f) Boiler room. The boiler room shall be a separate room, if necessary, to prevent its being a source of dirt and objectionable odors entering any room where ready-to-cook rabbits are prepared, processed, handled, and stored.\n\n(g)  Inspector's office.  Furnished office space, including, but not being limited to, light, heat, and janitor service shall be provided rent free in the official plant for the exclusive use for official purposes of the inspector and the Administration. The room or rooms set apart for this purpose must meet with the approval of the regional supervisor and be conveniently located, properly ventilated, and provided with lockers or cabinets suitable for the protection and storage of supplies and with facilities suitable for inspectors to change clothing.\n\n(h)  Toilet rooms.  Toilet rooms opening directly into rooms where rabbit products are exposed shall have self-closing doors and shall be ventilated to the outside of the building."], ["9:9:2.0.2.1.33.0.37.78", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.222 Floors, walls, ceilings, etc.", "FSIS", "", "", "", "(a)  Floors.  All floors in rooms where exposed products are prepared or handled shall be constructed of or finished with materials impervious to moisture, so they can be readily and thoroughly cleaned. The floors in killing, ice cooling, ice packing, eviscerating, cooking, boning, and cannery rooms shall be graded for complete runoff with no standing water.\n\n(b)  Walls, posts, partitions, doors.  All walls, posts, partitions, and doors in rooms where exposed products are prepared or handled shall be smooth and constructed of materials impervious to moisture to a height of 6 feet above the floor to enable thorough cleaning. All surfaces above this height must be smooth and finished with moisture-resistant material.\n\n(c)  Ceilings.  Ceilings must be moisture-resistant in rooms where exposed products are prepared or handled, and finished and sealed to prevent collection of dirt or dust that might sift through flooring above or fall from collecting surfaces on equipment or exposed product."], ["9:9:2.0.2.1.33.0.37.79", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.223 Drainage and plumbing.", "FSIS", "", "", "", "There shall be an efficient drainage and plumbing system for the plant and premises.\n\n(a)  Drains and gutters.  All drains and gutters shall be properly installed with approved traps and vents. The drainage and plumbing system must permit the quick runoff of all water from plant buildings, and surface water around the plant and on the premises, and all such water shall be disposed of in such a manner as to prevent a nuisance or health hazard.\n\n(b)  Sewage and plant wastes.  (1) The sewerage system shall have adequate slope and capacity to remove readily all waste from the various processing operations and to minimize, and if possible to prevent, stoppage and surcharging of the system.\n\n(2) Grease traps which are connected with the sewerage system shall be suitably located but not near any edible products department or in any area where products are unloaded from or loaded into vehicles. To facilitate cleaning, such traps shall have inclined bottoms and be provided with suitable covers.\n\n(3) Toilet soil lines shall be separate from house drainage lines to a point outside the buildings unless they are positively trapped to prevent backing up. Drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.\n\n(4) All floor drains shall be equipped with traps, constructed so as to minimize clogging, and the plumbing shall be so installed as to prevent sewerage from backing up and from flooding the floor.\n\n(5) Floor drainage lines should be of metal and at least 4 inches in diameter and open into main drains of at least 6 inches in diameter and shall be properly vented to outside air.\n\n(6) Where refrigerators are equipped with drains, such drains should be properly trapped and should discharge through an air gap into the sewer system. All new installations, and all replacements, or refrigerators equipped with drains shall meet these requirements."], ["9:9:2.0.2.1.33.0.37.80", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.224 Water supply.", "FSIS", "", "", "", "The water supply shall be ample, clean, and potable with adequate facilities for its distribution in the plant and its protection against contamination and pollution.\n\n(a) Hot water at a temperature not less than 180 \u00b0F. shall be available for sanitation purposes.\n\n(b) Hose connections with steam and water mixing valves or hot water hose connections shall be provided at convenient locations throughout the plant for cleaning purposes.\n\n(c) The refuse rooms shall be provided with adequate facilities for washing refuse cans and other equipment in the rooms; the rooms, cans, and equipment shall be cleaned after each day's use."], ["9:9:2.0.2.1.33.0.37.81", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.225 Lavatory accommodations.", "FSIS", "", "", "", "Modern lavatory accommodations and properly located facilities for cleaning utensils and hands shall be provided.\n\n(a) Adequate lavatory and toilet accommodations, including, but not being limited to, running hot water and cold water, soap, and towels, shall be provided. Such accommodations shall be in or near toilet and locker rooms and also at such other places in the plant as may be essential to the cleanliness of all personnel handling products.\n\n(b) Sufficient metal containers shall be provided for used towels and other wastes.\n\n(c) An adequate number of hand washing facilities serving areas where dressed rabbits and edible products are prepared shall be operated by other than hand-operated controls, or shall be of a continuous flow type which provides an adequate flow of water for washing hands.\n\n(d) Durable signs shall be posted conspicuously in each toilet room and locker room directing employees to wash their hands before returning to work.\n\n(e) Toilet facilities shall be provided according to the following formula:\n\n1  Urinals may be substituted for toilet bowls but only to the extent of \n 1/3  of the total number of bowls stated."], ["9:9:2.0.2.1.33.0.37.82", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.226 Lighting and ventilation.", "FSIS", "", "", "", "There shall be ample light, either natural or artificial or both, of good quality and well distributed, and sufficient ventilation for all rooms and compartments to insure sanitary conditions.\n\n(a) All rooms in which rabbits are killed, eviscerated, or otherwise processed shall have at least 30 foot candles of light intensity on all working surfaces except that at the inspection stations such light intensity shall be of 50 foot candles. In all other rooms, there shall be provided at least 5 foot candles of light intensity when measured at distance of 30 inches from the floor.\n\n(b) All rooms shall be adequately ventilated to eliminate objectionable odors and minimize moisture condensation."], ["9:9:2.0.2.1.33.0.38.83", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.230 Equipment and utensils.", "FSIS", "", "", "", "Equipment and utensils used for the preparation, processing, or other handling of any product in the plant shall be suitable for the purpose intended and shall be of such material and construction as will facilitate their thorough cleaning and insure cleanliness in the preparation and handling of products.\n\n(a) Live rabbit holding pens shall be so constructed as to allow satisfactory ante-mortem examination and to permit proper cleaning.\n\n(b) Metal refuse containers shall be provided, and such containers shall be kept covered.\n\n(c) Insofar as it is practical, equipment and utensils shall be made of metal or other impervious material. Trucks and receptacles used for handling inedible products shall be of similar construction and shall be conspicuously and distinctly marked and shall not be used for handling any edible products.\n\n(d) Chilling vats or tanks used for chilling ready-to-cook rabbits shall be made of metal or other hard-surfaced impervious material.\n\n(e) Where grading bins are used for ready-to-cook rabbits, they shall be of sufficient number and capacity to handle the grading adequately without the use of makeshift bins and all ready-to-cook rabbits shall be kept off the floor. Grading bins may be made of metal or enameled wood and shall be constructed and maintained in such a manner as to allow easy and thorough cleaning. All replacements of such bins shall, however, be of metal.\n\n(f) Except as otherwise provided herein, all equipment and utensils used in the killing, skinning, eviscerating, chilling, and packing rooms shall be of metal or other impervious material and constructed so as to permit proper and complete cleaning.\n\n(g) Conveyors: (1) Conveyors used in the preparation of ready-to-cook rabbits shall be of metal or other acceptable material and of such construction as to permit thorough and ready cleaning and easy identification of viscera with its carcass.\n\n(2) Overhead conveyors shall be so constructed and maintained that they do not allow grease, oil, or dirt to accumulate on the drop chain or shackle, which shall be of noncorrosive metal.\n\n(3) Nonmetallic belt-type conveyors used in moving edible products shall be of water-proof composition.\n\n(h) Inspection, eviscerating, and cutting tables shall be made of metal and have coved corners and be so constructed and placed to permit thorough cleaning.\n\n(i) In plants where no conveyors are used, each carcass shall be eviscerated in an individual metal tray of seamless construction.\n\n(j) Water spray washing equipment shall be used for washing carcasses inside and out.\n\n(k) Watertight metal receptacles shall be used for entrails and other waste resulting from preparation of ready-to-cook rabbits.\n\n(l) Watertight trucks and receptacles for holding or handling diseased carcasses and diseased parts of carcasses shall be so constructed as to be readily and thoroughly cleaned; such trucks and receptacles shall be marked in a conspicuous manner with the word \u201ccondemned\u201d in letters not less than 2 inches high and, when required by the inspector in charge, shall be equipped with facilities for locking and sealing.\n\n(m) Freezing rooms should be adequately equipped to freeze ready-to-cook rabbits solid in less than 48 hours. Ready-to-cook rabbits should be frozen at temperatures of \u221210 \u00b0F. to \u221240 \u00b0F. and should be stored at 0 \u00b0F. or below, with the temperature maintained as constant as possible. Freezing room should be equipped with floor racks or pallets and fans to insure air circulation.\n\n(n) Cooling racks should be made of metal and be readily accessible for thorough washing and cleaning. All replacements of cooling racks shall be made of metal.\n\n(o) Trucks and receptacles in which carcasses or parts thereof are held for further inspection shall be in such number and such location as the needs of the inspection in the plant may require. They shall be equipped for locking by means of lock and key and the key shall not leave the custody of the inspector in charge of the plant. Such trucks and receptacles shall be marked conspicuously with the word \u201cretained\u201d in letters not less than 2 inches high."], ["9:9:2.0.2.1.33.0.38.84", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.231 Accessibility.", "FSIS", "", "", "", "All equipment shall be so placed as to be readily accessible for all processing and cleaning operations."], ["9:9:2.0.2.1.33.0.38.85", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.232 Restrictions on use.", "FSIS", "", "", "", "Equipment and utensils used in the official plant shall not be used outside the official plant except under such conditions as may be prescribed or approved by the national supervisor, and equipment used in the preparation of any article (including, but not being limited to, animal food) from inedible material shall not be used outside of the inedible products department except under such conditions as may be prescribed or approved by the national supervisor."], ["9:9:2.0.2.1.33.0.39.86", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.240 General.", "FSIS", "", "", "", "The premises shall be kept free from refuse, waste materials, and all other sources of objectionable odors and conditions."], ["9:9:2.0.2.1.33.0.39.87", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.241 Cleaning of rooms and compartments.", "FSIS", "", "", "", "Rooms, compartments, or other parts of the official plant shall be kept clean and in sanitary condition.\n\n(a) All blood, offal, rabbits or parts of rabbits too severely damaged to be salvaged and all discarded containers and other materials shall be completely disposed of daily.\n\n(b) All windows, doors, and light fixtures in the official plant shall be kept clean.\n\n(c) All docks and rooms shall be kept clean and free from debris and unused equipment and utensils.\n\n(d) Live rabbit receiving docks and receiving rooms shall be of such construction as readily to permit their thorough cleaning, and such docks and rooms should be kept clean at all times.\n\n(e) Floors in live rabbit holding rooms shall be cleaned with such regularity as may be necessary to maintain them in a sanitary condition.\n\n(f) The killing and skinning room shall be kept clean and free from offensive odors at all times.\n\n(g) The walls, floors, and all equipment and utensils used in the killing and skinning room shall be thoroughly washed and cleaned after each day's operation.\n\n(h) The floor in the killing and skinning rooms shall be cleaned frequently during killing and skinning operations and be kept reasonably free from accumulated blood, offal, water, and dirt.\n\n(i) All equipment in the toilet room and locker room, as well as the room itself, shall be kept clean, sanitary, and in good repair.\n\n(j) Cooler and freezer rooms shall be free from objectionable odors of any kind and shall be maintained in a sanitary condition (including, but not being limited to, the prevention of drippings from refrigerating coils onto products)."], ["9:9:2.0.2.1.33.0.39.88", 9, "Animals and Animal Products", "III", "A", "354", "PART 354\u2014VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF", "", "", "", "\u00a7 354.242 Cleaning of equipment and utensils.", "FSIS", "", "", "", "Equipment and utensils used for preparing or otherwise handling any product shall be kept clean and in a sanitary condition and in good repair.\n\n(a) Pens shall be cleaned regularly and the manure removed from the plant daily.\n\n(b) All equipment and utensils used in the killing and skinning rooms shall be thoroughly washed and cleaned after each day's operation. The eviscerating, chilling, and packing room and equipment and utensils used therein shall be maintained in a clean and sanitary condition.\n\n(c) Graders' and packers' gloves and grading bins shall be washed daily and used only for grading or packing, as the case may be.\n\n(d) All crates or pens used for transporting live rabbits to the plant shall be cleaned regularly.\n\n(e) Chilling vats or tanks, if practicable, shall be emptied after each use. They shall be thoroughly cleaned once daily and, after each cleaning operation, they shall be sanitized with such compounds or by such methods as may be approved or prescribed by the Administrator.\n\n(f) When synchronized overhead conveyors and tray conveyors are used, the trays shall be completely washed and sanitized after being automatically emptied of inedible viscera.\n\n(g) When a conveyor tray operation is used, each carcass shall be eviscerated in an individual metal tray of seamless construction, and such trays shall be completely washed and sanitized after each use.\n\n(h) Tables, shelves, bins, trays, pans, knives, and all other tools and equipment used in the preparation of ready-to-cook rabbits shall be kept clean and sanitary at all times. Cleaned equipment and utensils shall be drained on racks and shall not be nested.\n\n(i) Drums, cans, tanks, vats, and other receptacles used to hold or transport ready-to-cook rabbits shall be kept in a clean and sanitary condition."]], "truncated": false, "filtered_table_rows_count": 106, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "354"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=354", "results": [{"value": 9, "label": 9, "count": 94, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&title_number=9", "selected": false}, {"value": 44, "label": 44, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&title_number=44", "selected": false}, {"value": 7, "label": 7, "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&title_number=7", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=354", "results": [{"value": "FSIS", "label": "FSIS", "count": 94, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&agency=FSIS", "selected": false}, {"value": "FEMA", "label": "FEMA", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&agency=FEMA", "selected": false}, {"value": "APHIS", "label": "APHIS", "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&agency=APHIS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=354", "results": [{"value": "354", "label": "354", "count": 106, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_facet=part_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_facet=amendment_citations"}], "next": "9~3A9~3A2~2E0~2E2~2E1~2E33~2E0~2E39~2E88,9~3A9~3A2~2E0~2E2~2E1~2E33~2E0~2E39~2E88", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=354&_next=9~3A9~3A2~2E0~2E2~2E1~2E33~2E0~2E39~2E88%2C9~3A9~3A2~2E0~2E2~2E1~2E33~2E0~2E39~2E88&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 788.6613099835813, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}