cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
19 rows where agency = "AMS" and part_number = 53 sorted by section_id
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:3.1.1.1.1.1.10.18 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.20 Identification. | AMS | All official graders and supervisors shall have their Agricultural Marketing Service identification cards in their possession at all times while they are performing any function under the regulations and shall identify themselves by such cards upon request. | ||||
| 7:7:3.1.1.1.1.1.10.19 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.21 Errors in service. | AMS | When an official grader, supervisor, or other responsible employee of the Branch has evidence of misgrading, or of incorrect certification or other incorrect determination or identification as to the class, grade, other quality, or compliance of livestock, he shall report the matter to his immediate supervisor. The supervisor will investigate the matter and, if he deems advisable, will report it to the owner or his agent. The supervisor shall take appropriate action to correct errors found in the determination or identification of class, grade or other quality or compliance of livestock if the livestock is still owned by the person who owned them when, and are still located at the establishment where, the incorrect service was rendered and if such service was rendered by a grader under the jurisdiction of such supervisor, and the supervisor shall take adequate measures to prevent the recurrence of such errors. | ||||
| 7:7:3.1.1.1.1.1.6.1 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.1 Meaning of words. | AMS | [42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998] | Words used in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of such regulations, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Acceptance service. The service established and conducted under the regulations for the determination and certification or other identification of the compliance of livestock with specifications. Act. The Agricultural Marketing Act of 1946 (Title II of the act of Congress approved August 14, 1946, 60 Stat. 1087, as amended by Pub. L. 272, 84th Cong., 69 Stat. 553, 7 U.S.C. 1621-1627). Administrator. The Administrator of the Agricultural Marketing Service, or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. Agricultural Marketing Service. The Agricultural Marketing Service of the Department. Applicant. Any person who has applied for service under the regulations. Branch. The Livestock Market News Branch of the Division. Chief. The Chief of the Branch, or any officer or employee of the Branch to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. Class. A subdivision of livestock based on essential physical characteristics that differentiate between major groups of the same kind of species. Compliance. Conformity of livestock to the specifications under which the livestock was purchased or sold, with particular reference to the weight, quality or other characterics of livestock. Cooperative agreement. A cooperative agreement between the Agricultural Marketing Service and another Federal agency or a State agency, or other agency, organization or person as specified in the Agricultural Marketing Act of 1946, as amended, for conducting the service. Department. The United States Department of Agriculture. Director. The Director of the Divisio… | |||
| 7:7:3.1.1.1.1.1.6.2 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.2 Designation of official certificates, memoranda, marks, other identifications, for purposes of the Agricultural Marketing Act. | AMS | 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 or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified: (a) Official certificate means any form of certification, either written or printed, including that prescribed in § 53.16, used under the regulations to certify with respect to the inspection, class, grade, quality, size, quantity, or condition of livestock with applicable specifications. (b) Official memorandum means any initial record of findings made by an authorized person in the process of grading, determining compliance, or inspecting, pursuant to the regulations, any processing or plant-operation report made by an authorized person in connection with grading, determining compliance, inspecting, or sampling under the regulations, and any report made by an authorized person of services performed pursuant to the regulations. (c) Official mark or other official identification means any form of mark or other identification, used under the regulations in marking livestock thereof, to show inspection, class, grade, quality, size, quantity, or condition of the livestock (including the compliance of livestock with applicable specifications), or to maintain the identity of livestock for which service is provided under the regulations. | ||||
| 7:7:3.1.1.1.1.1.7.3 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.3 Authority. | AMS | The Director is charged with the administration of the regulations and the Act insofar as they relate to livestock. | ||||
| 7:7:3.1.1.1.1.1.8.10 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.12 Authority of agent. | AMS | Proof of the authority of any person making an application or a request for service under the regulations on behalf of any other person may be required at the discretion of the Director or Chief or the official in charge of the market news office or other employee receiving the application or request under § 53.8. | ||||
| 7:7:3.1.1.1.1.1.8.11 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.13 Denial or withdrawal of service. | AMS | [42 FR 53902, Oct. 4, 1977, as amended at 60 FR 8464, Feb. 14, 1995] | (a) For misconduct —(1) Bases for denial or withdrawal. An application or a request for service may be rejected, or the benefits of the service may be otherwise denied to, or withdrawn from, any person who, or whose employee or agent in the scope of his employment or agency: (i) Has willfully made any misrepresentation or has committed any other fraudulent or deceptive practice in connection with any application or request for service under the regulations; (ii) has given or attempted to give, as a loan or for any other purpose, any money, favor, or other thing of value, to any employee of the Department authorized to perform any function under the regulations; (iii) has interfered with or obstructed, or attempted to interfere with or to obstruct, any employee of the Department in the performance of his duties under the regulations by intimidation, threats, assaults, abuse, or any other improper means; (iv) has knowingly falsely made, issued, altered, forged, or counterfeited any official certificate, memorandum, mark, or other identification; (v) has knowingly uttered, published, or used as true any such falsely made, issued, altered, forged, or counterfeited certificate, memorandum, mark, identification, or device; (vi) has knowingly obtained or retained possession of any such falsely made, issued, altered, forged, or counterfeited certificate, memorandum, mark, identification, or device, or of any livestock bearing any such falsely made, issued, altered, forged, or counterfeited mark or identification; or (vii) has in any manner not specified in this paragraph violated subsection 203(h) of the Act: Provided, That paragraph (a)(1)(vi) of this section shall not be deemed to be violated if the person in possession of any item mentioned therein notifies the Director or Chief without delay that he has possession of such item and, surrenders it to the Director or Chief or destroys it or brings it into compliance with the regulations by obliterating or removing the violative features under supervision of the Dir… | |||
| 7:7:3.1.1.1.1.1.8.12 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.14 Financial interest of official grader. | AMS | No official grader shall grade or determine compliance of any livestock in which he or any of his relatives by blood or marriage is directly or indirectly financially interested. | ||||
| 7:7:3.1.1.1.1.1.8.13 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.15 Accessibility to livestock. | AMS | (a) The applicant shall cause livestock, with respect to which service is requested, to be made easily accessible for examination and to be so placed, with adequate illuminating facilities, as to disclose their class, grade, other quality, and compliance. Supervisors and other employees of the Department responsible for maintaining uniformity and accuracy of service under the regulations shall have access to all parts of establishments covered by approved applications for service under the regulations, for the purpose of examining all livestock in the establishments which have been or are to be graded or examined for compliance with specifications. (b) [Reserved] | ||||
| 7:7:3.1.1.1.1.1.8.14 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.16 Official certificates. | AMS | (a) Required; exception. The official grader shall prepare, sign, and issue a livestock acceptance certificate covering livestock for which compliance has been determined. (b) Where weight is certified, the word “Not” shall be deleted from the phrases “Weights Not Verified.” (c) Distribution. The original certificate, and not to exceed two copies, shall be delivered or mailed to the applicant or other person designated by him. The remaining copies shall be forwarded as required by agency, division, and branch instructions. Additional copies will be furnished to any person financially interested in livestock involved with the concurrence of the applicant and upon payment of fees, as provided in § 53.18(d). | ||||
| 7:7:3.1.1.1.1.1.8.15 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.17 Advance information concerning service rendered. | AMS | Upon request of any applicant, all or any part of the contents of any certificate issued to him under the regulations, or other notification concerning the determination of class, grade, other quality, or compliance of livestock for such applicant may be transmitted by telegraph or telephone to him, or to any person designated by him, at his expense. | ||||
| 7:7:3.1.1.1.1.1.8.4 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.4 Kind of service. | AMS | [42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998] | Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the class, grade, or other quality of livestock under applicable standards. Class, grade and other quality may be determined under said standards for livestock. Acceptance service under the regulations shall consist of the determination of the conformity of livestock to specifications approved by the Director or Chief and the certification and other identification of such livestock in accordance with specifications, upon request by the applicant. | |||
| 7:7:3.1.1.1.1.1.8.5 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.5 Availability of service. | AMS | Service under these regulations may be made available with respect to livestock shipped or received in interstate commerce, and with respect to the livestock not so shipped or received if the Director or Chief determines that the furnishing of service for such livestock would facilitate the marketing, distribution, processing, or utilization of agricultural products through commercial channels. Also, such service may be made available under a cooperative agreement. Service under these regulations shall be provided without discrimination as to race, color, sex, creed, or national origin. | ||||
| 7:7:3.1.1.1.1.1.8.6 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.8 How to obtain service. | AMS | (a) Application. Any person may apply to the Director or Chief for service under the regulations with respect to livestock in which the applicant is financially interested. The application shall be made on a form approved by the Director. (b) Notice of eligibility for service. The applicant for service will be notified whether his application is approved. (c) Request by applicant for service —(1) Noncommitment. Upon notification of the approval on an application for service, the applicant may, from time to time as desired, make oral or written requests for service under the regulations with respect to specific livestock for which the service is to be furnished under such application. Such requests shall be made at a market news office either directly or through any employee of the Agricultural Marketing Service who may be designated for such purposes. | ||||
| 7:7:3.1.1.1.1.1.8.7 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.9 Order of furnishing service. | AMS | Service under the regulations shall be furnished to applicants in the order in which requests therefor are received, insofar as consistent with good management, efficiency and economy. Precedence will be given, when necessary, to requests made by any government agency or any regular user of the service. | ||||
| 7:7:3.1.1.1.1.1.8.8 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.10 When request for service deemed made. | AMS | A request for service under the regulations shall be deemed to be made when received by a market news office. Records showing the date and time of the request shall be made and kept in such office. | ||||
| 7:7:3.1.1.1.1.1.8.9 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.11 Withdrawal of application or request for service. | AMS | An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application is approved or prior to performance of service, upon payment, in accordance with §§ 53.18 and 53.19, of any expenses already incurred by the Agricultural Marketing Service in connection therewith. | ||||
| 7:7:3.1.1.1.1.1.9.16 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.18 Fees and other charges for service. | AMS | [42 FR 53902, Oct. 4, 1977, as amended at 47 FR 54927, Dec. 7, 1982; 48 FR 16874, Apr. 20, 1983] | Fees and other charges equal as nearly as may be to the cost of the services rendered shall be assessed and collected from applicants in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the services are furnished, or as provided in § 53.8. (a) Fees based on hourly rates. Except as otherwise provided in this section, fees for service shall be based on the time required to render the service, calculated to the nearest 15-minute period, including time required for the preparation of certificates and travel of the official grader in connection with the performance of service. A minimum charge for 1 hour shall be made for service pursuant to each request notwithstanding that the time required to perform service may be less than 60 minutes. The base hourly rate shall be $29.40 per hour for work performed between the hours of 6 a.m. and 6 p.m., Monday through Friday, except on legal holidays; $32.80 per hour for work performed before 6 a.m. or after 6 p.m., Monday through Friday, and anytime Saturday or Sunday except on legal holidays; and $58.80 per hour for all work performed on legal holidays. (b) Travel charges. When service is requested at a place so distant from an official grader's headquarters, or place of prior assignment on a circuitous routing that a total of one-half hour or more is required for the grader to travel to such place and back to the headquarters, or to the next place of assignment on a circuitous routing, the charge for such service shall include a mileage charge administratively determined by the Chief, and travel tolls, if applicable, for such travel prorated against all the applicants furnished the service involved on an equitable basis, or where the travel is made by public transportation (including hired vehicle), a fee equal to the actual cost thereof. However, the applicant will not be charged a new mileage rate without notification before the service is rendered. (c) Per diem charges. When service is requested at a place… | |||
| 7:7:3.1.1.1.1.1.9.17 | 7 | Agriculture | I | C | 53 | PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) | A | Subpart A—Regulations | § 53.19 Payment of fees and other charges. | AMS | Fees and other charges for service shall be paid in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the service is furnished. Upon receipt of billing for fees and other charges for service the applicant shall remit by check, draft, or money order, made payable to the Agricultural Marketing Service, U.S.D.A., payment for the service in accordance with directions on the billing, and such fees and charges shall be paid in advance if required by the official grader or other authorized official. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);