cfr_sections
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146 rows where part_number = 1250 sorted by section_id
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- 1250 · 146 ✖
| 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 |
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| 14:14:5.0.1.1.25.0.1.1 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.100 Purpose. | NASA | The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as “the Act”) to the end that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the National Aeronautics and Space Administration, hereinafter referred to as NASA. | |||||||
| 14:14:5.0.1.1.25.0.1.10 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-6 Medical emergencies. | NASA | Notwithstanding the provisions of §§ 1250.103 to 1250.103-5, a recipient of Federal financial assistance shall not be deemed to have failed to comply with § 1250.103-1, if immediate provision of a service or other benefit to an individual is necessary to prevent his death or serious impairment of his health, and such service or other benefit cannot be provided except by or through a medical institution which refuses or fails to comply with § 1250.103-1. | |||||||
| 14:14:5.0.1.1.25.0.1.11 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.104 Assurances. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) General requirement. Every application for Federal financial assistance to which this part applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain, be accompanied by, or identify and make reference to, an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed by or pursuant to this part. If the assurance is not made a part of the application, the application shall identify the assurance which is applicable to the application. One assurance shall suffice for all applications of an applicant if the assurance complies with the conditions made applicable by this part to each such application for Federal financial assistance. Every assurance shall include provisions which give the United States a right to seek its judicial enforcement. (b) Duration of assurances. The period of time to be covered by the assurances required under this § 1250.104 shall be as follows: (1) Real property. In the case of an application for Federal financial assistance for providing real property or structures thereon, the assurance shall obligate the recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (2) Personal property. In the case of an application for Federal financial assistance for providing personal property, the assurance shall obligate the recipient for the period during which he retains ownership or possession of the property. (3) Other kinds of Federal financial assistance. In the case of an application for any other kind of Federal financial assistance, the assurance shall obligate the recipient for the period during which Federal financial assistance is extended pur… | ||||||
| 14:14:5.0.1.1.25.0.1.12 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.105 Compliance information. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003] | (a) Cooperation and assistance. Each responsible NASA official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part. (b) Compliance reports. Each recipient shall keep such records and submit to the Principal Compliance Officer or his designee timely, complete and accurate compliance reports at such times, and in such form and containing such information, as the Principal Compliance Officer or his designee may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part. (c) Access to sources of information. Each recipient shall permit access by the Principal Compliance Officer or his designee during normal business hours to such of its books, records, accounts and other sources of information, and its facilities as may be pertinent to ascertain compliance with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution or person and that agency, institution or person shall fail or refuse to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information. (d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program for which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the Principal Compliance Officer finds necessary to a… | ||||||
| 14:14:5.0.1.1.25.0.1.13 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.106 Conduct of investigations. | NASA | (a) Periodic compliance reviews. The responsible NASA official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part. (b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the Principal Compliance Officer or his designee a written complaint. A complaint must be filed not later than 90 days from the date of the alleged discrimination, unless the time for filing is extended by the Principal Compliance Officer or his designee. (c) Investigations. The Principal Compliance Officer or his designee will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part. (d) Resolution of matters. (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the Principal Compliance Officer or his designee will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 1250.107. (2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section, the responsible NASA official or his designee will so inform the recipient and the complainant, if any, in writing. (e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured … | |||||||
| 14:14:5.0.1.1.25.0.1.14 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.107 Procedure for effecting compliance. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973] | (a) General. If there appears to be a failure or threatened failure to comply with this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking, and (2) any applicable proceeding under State or local law. (b) Noncompliance with § 1250.104. If an applicant fails or refuses to furnish an assurance required under § 1250.104 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section, Federal financial assistance may be refused in accordance with the procedures of paragraph (c) of this section. NASA shall not be obligated to provide assistance in such a case during the pendency of the administrative proceedings under such subsection except that NASA shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor approved prior to the effective date of this part. (c) Termination of or refusal to grant or to continue Federal financial assistance. No order suspending, terminating or refusing to grant or continue Federal financial assistance shall become effective until (1) the responsible NASA official has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means, (2) there has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part, (3) the action has been approve… | ||||||
| 14:14:5.0.1.1.25.0.1.15 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.108 Hearings. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 1250.107(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either (1) fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the Principal Compliance Officer that the matter be scheduled for hearing or (2) advise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under section 602 of the Act and § 1250.107(c) of this part and consent to the making of a decision on the basis of such information as is available. (b) Time and place of hearing. Hearings shall be held at NASA Headquarters in Washington, DC, at a time fixed by the Principal Compliance Officer unless he determines that the convenience of the applicant or recipient or of NASA requires that another place be selected. Hearings shall be held before the Administrator, or, at his discretion, before a hearing examiner designated in conformity with 5 U.S.C. 3105 and 3344 (section 11 of the Administrative Procedure Act). (c) Right to counsel. In all proceedings under this section, the applicant or recipient and NASA shall have the right to be represented by couns… | ||||||
| 14:14:5.0.1.1.25.0.1.16 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.109 Decisions and notices. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) Decision by person other than the NASA Principal Compliance Officer. If the hearing is held by a hearing examiner, such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Principal Compliance Officer for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Where the initial decision is made by the hearing examiner, the applicant or recipient may, within 30 days of the mailing of such notice of initial decision, file with the Principal Compliance Officer his exceptions to the initial decision with his reasons therefor. In the absence of exceptions, the Principal Compliance Officer may on his own motion, within 45 days after the initial decision, serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the Principal Compliance Officer shall review the initial decision and issue his own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the Principal Compliance Officer. (b) Decisions on record or review by the NASA Principal Compliance Officer. Whenever a record is certified to the Principal Compliance Officer for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the Administrator conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the Principal Compliance Officer shall be given in writing to the applicant or recipient and to the complainant, if any. (c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 1250.108, a decision shall be made by the Principal Compliance Officer on the record a… | ||||||
| 14:14:5.0.1.1.25.0.1.17 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.110 Judicial review. | NASA | Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. | |||||||
| 14:14:5.0.1.1.25.0.1.18 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.111 Effect on other regulations; forms and instructions. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of NASA which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this Instruction. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 10925 and 11246 and regulations or instructions issued thereunder, or (2) any other regulations or instructions, insofar as such other regulations or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground. (b) Forms and instructions. Each responsible NASA official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to financial assistance to which this part applies and for which he is responsible. (c) Supervision and coordination. The Administrator may assign to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this part (other than responsibility for final decision as provided in § 1250.109), including the achievement of effective coordination and maximum un… | ||||||
| 14:14:5.0.1.1.25.0.1.19 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.112 Relationship with other officials. | NASA | NASA officials, in performing the functions assigned to them by this part, are responsible for recognizing the delegations of authority and responsibility of other NASA officials and for seeing the actions taken or instructions issued by them are properly coordinated with the offices and divisions having joint interests. | |||||||
| 14:14:5.0.1.1.25.0.1.2 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.101 Applicability. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003] | (a) Covered programs. (1) This part applies to any program for which Federal financial assistance is authorized under a law administered by NASA, including the types of Federal financial assistance listed in appendix A to this part. The fact that a type of Federal assistance is not listed in appendix A shall not mean, if Title VI of the Act is otherwise applicable, that a program is not covered. Other types of Federal financial assistance under statutes now in force or hereafter enacted may be added to appendix A by notice published in the Federal Register. (2) This part applies to money paid, property transferred, or other Federal financial assistance extended after the effective date of this part pursuant to an application approved prior to such effective date. (b) Excluded activities. This part does not apply to (1) any Federal financial assistance by way of insurance or guaranty contracts, (2) money paid, property transferred, or other assistance extended before the effective date of this part, except as provided in paragraph (a) of this section, (3) any assistance to any individual who is the ultimate beneficiary, (4) any employment practice, under any such program, of any employer, employment agency, or labor organization, except as provided in § 1250.103-3, (5) contracts not covered in the types of Federal financial assistance listed in appendix A, or (6) advances, V-loans, and other financial assistance made incident to NASA procurements not covered in the types of Federal financial assistance listed in appendix A. | ||||||
| 14:14:5.0.1.1.25.0.1.3 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.102 Definitions. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | As used in this part— (a) Administrator means the Administrator of the NASA. (b) Applicable means one who submits an application, request, proposal, or plan required to be approved by a responsible NASA official, or by a primary recipient, as a condition to eligibility for Federal financial assistance; and the term application means such an application, request, proposal or plan. (c) Facility includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities. (d) Federal financial assistance includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance. (e) NASA means the National Aeronautics and Space Administration. (f) Primary recipient means any recipient which is authorized or required to extend Federal financial assistance to another recipient. (g) Principal Compliance Officer means the Director, Equal Employment Opportunity Office, Office of Organization and Management, NASA Headquarters, or any successor officer to whom the Administrator should delegate authority to perform the functions assigned to the Principal Compliance Officer by this part. (h) Program or activity and program mean all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal … | ||||||
| 14:14:5.0.1.1.25.0.1.4 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103 Discrimination prohibited. | NASA | ||||||||
| 14:14:5.0.1.1.25.0.1.5 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-1 General. | NASA | No person in the United States shall, on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies. | |||||||
| 14:14:5.0.1.1.25.0.1.6 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-2 Specific discriminatory acts prohibited. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) A recipient to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin: (1) Deny an individual any service, financial aid, or other benefit provided under the program; (2) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program; (3) In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this regulation. (4) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; (5) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (6) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program; (7) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in § 1250.103-3). (b) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the … | ||||||
| 14:14:5.0.1.1.25.0.1.7 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-3 Employment practices. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) Where a primary objective of the Federal financial assistance to a program to which this part applies is to provide employment, a recipient may not directly or through contractual or other arrangements subject an individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff or termination, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and use of facilities), including programs where a primary objective of the Federal financial assistance is (1) to assist such individuals through employment to meet expenses incident to the commencement or continuation of their education or training, or (2) to provide work experience which contributes to the education or training of such individuals. (b) Employment opportunities provided in connection with any of the types of Federal financial assistance listed in appendix A, which opportunities are limited, or for which preference is given, to students, fellows, or other persons in training for the same or related employments, are programs of the kind described in paragraph (a)(1) and (2) of this section. (c) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to Executive Order 11246 or any Executive order which supersedes it. (d) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination on the grounds of race, color, or national origin in the employment practices of the recipient or other persons subject to the regulation tends, on the grounds of race, color, or national origin, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program to which this regulation applies, the provisions of paragraph (a) of this section shall apply to the employment practices of the recipient or other persons subject to the regulation, to th… | ||||||
| 14:14:5.0.1.1.25.0.1.8 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-4 Illustrative applications. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 51350, Aug. 26, 2003] | (a) In training grant services discrimination is forbidden in the selection or eligibility of individuals to be trained and in their treatment by the grantee during their training. In any case where selection is made from a predetermined group, such as the students in an institution, the group must have been selected without discrimination. (b) In a research or training grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited and the prohibition extends to the entire university. (c) Discrimination in the treatment of students or other trainees includes the prohibition of discrimination among the students or trainees in the availability or use of any academic, dormitory, eating, recreational, or other facilities of the grantee or other recipient. (d) In a research or training grant, discrimination is prohibited with respect to the availability of any educational activity and any provision of medical or other services and any financial aid to individuals incident to the grant. (e) Upon transfers of real or personal property for research or educational uses, discrimination is forbidden to the same extent as in the case of grants for the construction of facilities or the provision of equipment for like purposes. (f) In some situations even though past discriminatory practices have been abandoned, the consequences of such practices continue to impede the full availability of a benefit. If the efforts required of the applicant or recipient under § 1250.105 to provide information as to the availability of the program or activity, and the rights of beneficiaries under this regulation, have failed to overcome these consequences, it will become necessary for such applicant or recipient to take additional steps to make the benefits fully available to racial and nationality groups previously subjected to discrimination. This action might take the form, for example, of special arrangements for obtaining referr… | ||||||
| 14:14:5.0.1.1.25.0.1.9 | 14 | Aeronautics and Space | V | 1250 | PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 1250.103-5 Special benefits. | NASA | [30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003] | An individual shall not be deemed subjected to discrimination by reason of his exclusion from the benefits limited by Federal law to individuals of a particular race, color, or national origin different from his. | ||||||
| 21:21:8.0.1.5.57.1.1.1 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | A | Subpart A—General Provisions | § 1250.3 Definitions. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | As used in this part, terms shall have the following meaning: (a) Bactericidal treatment. The application of a method or substance for the destruction of pathogens and other organisms as set forth in § 1240.10 of this chapter. (b) Communicable diseases. Illnesses due to infectious agents or their toxic products, which may be transmitted from a reservoir to a susceptible host either directly as from an infected person or animal or indirectly through the agency of an intermediate plant or animal host, vector, or the inanimate environment. (c) Communicable period. The period or periods during which the etiologic agent may be transferred directly or indirectly from the body of the infected person or animal to the body of another. (d) Contamination. The presence of a certain amount of undesirable substance or material, which may contain pathogenic microorganisms. (e) Conveyance. Conveyance means any land or air carrier, or any vessel as defined in paragraph (m) of this section. (f) Existing vessel. Any vessel the construction of which was started prior to the effective date of the regulations in this part. (g) Garbage. (1) The solid animal and vegetable waste, together with the natural moisture content, resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, and similar establishments, or (2) any other food waste containing pork. (h) Interstate traffic. (1) The movement of any conveyance or the transportation of persons or property, including any portion of such movement or transportation which is entirely within a State or possession, (i) from a point of origin in any State or possession to a point of destination in any other State or possession, or (ii) between a point of origin and a point of destination in the same State or possession but through any other State, possession, or contiguous foreign country. (2) Interstate traffic does not include the following: (i) The movement of any conveyance which is solely for the purpose of unloading… | |||
| 21:21:8.0.1.5.57.2.1.1 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.20 Applicability. | FDA | All conveyances engaged in interstate traffic shall comply with the requirements prescribed in this subpart and § 1240.20 of this chapter. | ||||
| 21:21:8.0.1.5.57.2.1.10 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.33 Utensils and equipment. | FDA | (a) All utensils and working surfaces used in connection with the preparation, storage, and serving of food or beverages, and the cleaning of food utensils, shall be so constructed as to be easily cleaned and self-draining and shall be maintained in good repair. Adequate facilities shall be provided for the cleaning and bactericidal treatment of all multiuse eating and drinking utensils and equipment used in the preparation of food and beverages. An indicating thermometer, suitably located, shall be provided to permit the determination of the hot water temperature when and where hot water is used as the bactericidal agent. (b) All multiuse eating and drinking utensils shall be thoroughly cleaned in warm water and subjected to an effective bactericidal treatment after each use. All other utensils that come in contact with food and drink shall be similarly treated immediately following the day's operation. All equipment shall be kept clean. (c) After bactericidal treatment, utensils shall be stored and handled in such manner as to prevent contamination before reuse. | ||||
| 21:21:8.0.1.5.57.2.1.11 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.34 Refrigeration equipment. | FDA | Each refrigerator shall be equipped with a thermometer located in the warmest portion thereof. Waste water drains from ice boxes, refrigerating equipment, and refrigerated spaces shall be so installed as to prevent backflow of contaminating liquids. | ||||
| 21:21:8.0.1.5.57.2.1.12 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.35 Health of persons handling food. | FDA | (a) Any person who is known or suspected to be in a communicable period or a carrier of any communicable disease shall not be permitted to engage in the preparation, handling, or serving of water, other beverages, or food. (b) Any person known or suspected to be suffering from gastrointestinal disturbance or who has on the exposed portion of the body an open lesion or an infected wound shall not be permitted to engage in the preparation, handling, or serving of food or beverages. | ||||
| 21:21:8.0.1.5.57.2.1.13 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.38 Toilet and lavatory facilities for use of food-handling employees. | FDA | (a) Toilet and lavatory facilities of suitable design and construction shall be provided for use of food-handling employees. Railroad dining car crew lavatory facilities are regulated under § 1250.45. (b) Signs directing food-handling employees to wash their hands after each use of toilet facilities shall be posted so as to be readily observable by such employees. Hand washing facilities shall include soap, sanitary towels and hot and cold running water or warm running water in lieu of hot and cold running water. (c) All toilet rooms shall be maintained in a clean condition. | ||||
| 21:21:8.0.1.5.57.2.1.14 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.39 Garbage equipment and disposition. | FDA | Watertight, readily cleanable nonabsorbent containers with close-fitting covers shall be used to receive and store garbage. Garbage and refuse shall be disposed of as frequently as is necessary and practicable. | ||||
| 21:21:8.0.1.5.57.2.1.2 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.21 Inspection. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | The Commissioner of Food and Drugs may inspect such conveyance to determine compliance with the requirements of this subpart and § 1240.20 of this chapter. | |||
| 21:21:8.0.1.5.57.2.1.3 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.22 General requirements. | FDA | All food and drink served on conveyances shall be clean, wholesome, and free from spoilage, and shall be prepared, stored, handled, and served in accordance with the requirements prescribed in this subpart and § 1240.20 of this chapter. | ||||
| 21:21:8.0.1.5.57.2.1.4 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.25 Source identification and inspection of food and drink. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | (a) Operators of conveyances shall identify, when requested by the Commissioner of Food and Drugs, the vendors, distributors or dealers from whom they have acquired or are acquiring their food supply, including milk, fluid milk products, ice cream and other frozen desserts, butter, cheese, bottled water, sandwiches and box lunches. (b) The Commissioner of Food and Drugs may inspect any source of such food supply in order to determine whether the requirements of the regulations in this subpart and in § 1240.20 of this chapter are being met, and may utilize the results of inspections of such sources made by representatives of State health departments or of the health authorities of contiguous foreign nations. | |||
| 21:21:8.0.1.5.57.2.1.5 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.26 Special food requirements. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | Milk, fluid milk products, ice cream and other frozen desserts, butter, cheese, and shellfish served or sold on conveyances shall conform to the following requirements: (a) Milk and fluid milk products, including cream, buttermilk, skim milk, milk beverages, and reconstituted milk, shall be pasteurized and obtained from a source of supply approved by the Commissioner of Food and Drugs. The Commissioner of Food and Drugs shall approve any source of supply at or from which milk or fluid milk products are produced, processed, and distributed so as to prevent the introduction, transmission, or spread of communicable diseases. If a source of supply of milk or fluid milk products has not been approved, the Commissioner of Food and Drugs may permit its temporary use under such conditions as, in his judgment, are necessary to prevent the introduction, transmission, or spread of communicable diseases. Containers of milk and fluid milk products shall be plainly labeled to show the contents, the word “pasteurized”, and the identity of the plant at which the contents were packaged by name and address, provided that a code may be used in lieu of address. (b) Ice cream, other frozen desserts, and butter shall be manufactured from milk or milk products that have been pasteurized or subjected to equivalent heat treatment. (c) Cheese shall be (1) pasteurized or subjected to equivalent heat treatment, (2) made from pasteurized milk products or from milk products which have been subjected to equivalent heat treatment, or (3) cured for not less than 60 days at a temperature not less than 35 °F. (d) Milk, buttermilk, and milk beverages shall be served in or from the original individual containers in which received from the distributor, or from a bulk container equipped with a dispensing device so designed, constructed, installed, and maintained as to prevent the transmission of communicable diseases. (e) Shellfish purchased for consumption on any conveyance shall originate from a dealer currently listed by the Public Health Serv… | |||
| 21:21:8.0.1.5.57.2.1.6 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.27 Storage of perishables. | FDA | All perishable food or drink shall be kept at or below 50 °F, except when being prepared or kept hot for serving. | ||||
| 21:21:8.0.1.5.57.2.1.7 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.28 Source and handling of ice. | FDA | Ice coming in contact with food or drink and not manufactured on the conveyance shall be obtained from sources approved by competent health authorities. All ice coming in contact with food or drink shall be stored and handled in such manner as to avoid contamination. | ||||
| 21:21:8.0.1.5.57.2.1.8 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.30 Construction, maintenance and use of places where food is prepared, served, or stored. | FDA | (a) All kitchens, galleys, pantries, and other places where food is prepared, served, or stored shall be adequately lighted and ventilated: Provided, however, That ventilation of cold storage rooms shall not be required. All such places where food is prepared, served, or stored shall be so constructed and maintained as to be clean and free from flies, rodents, and other vermin. (b) Such places shall not be used for sleeping or living quarters. (c) Water of satisfactory sanitary quality, under head or pressure, and adequate in amount and temperature, shall be easily accessible to all rooms in which food is prepared and utensils are cleaned. (d) All plumbing shall be so designed, installed, and maintained as to prevent contamination of the water supply, food, and food utensils. | ||||
| 21:21:8.0.1.5.57.2.1.9 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | B | Subpart B—Food Service Sanitation on Land and Air Conveyances, and Vessels | § 1250.32 Food-handling operations. | FDA | (a) All food-handling operations shall be accomplished so as to minimize the possibility of contaminating food, drink, or utensils. (b) The hands of all persons shall be kept clean while engaged in handling food, drink, utensils, or equipment. | ||||
| 21:21:8.0.1.5.57.3.1.1 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.40 Applicability. | FDA | The sanitary equipment and facilities on land and air conveyances engaged in interstate traffic and the use of such equipment and facilities shall comply with the requirements prescribed in this subpart. | ||||
| 21:21:8.0.1.5.57.3.1.10 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.52 Discharge of wastes on highway conveyances. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | There shall be no discharge of excrement, garbage, or waste water from a highway conveyance except at servicing areas approved by the Commissioner of Food and Drugs. | |||
| 21:21:8.0.1.5.57.3.1.11 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.53 Discharge of wastes on air conveyances. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | There shall be no discharge of excrement or garbage from any air conveyance except at servicing areas approved by the Commissioner of Food and Drugs. | |||
| 21:21:8.0.1.5.57.3.1.2 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.41 Submittal of construction plans. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | Plans for the construction or major reconstruction of sanitary equipment or facilities for such conveyances shall be submitted to the Commissioner of Food and Drugs for review of the conformity of such plans with the requirements of this subpart, except that submittal of plans shall not be required for any conveyance under reconstruction if the owner or operator thereof has made arrangements satisfactory to the Commissioner of Food and Drugs for inspections of such conveyances while under reconstruction for the purpose of determining conformity with those requirements. | |||
| 21:21:8.0.1.5.57.3.1.3 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.42 Water systems; constant temperature bottles. | FDA | (a) The water system, whether of the pressure or gravity type, shall be complete and closed from the filling ends to the discharge taps, except for protected vent openings. The water system shall be protected against backflow. (b) Filling pipes or connections through which water tanks are supplied shall be provided on both sides of all new railway conveyances and on existing conveyances when they undergo heavy repairs. All filling connections shall be easily cleanable and so located and protected as to minimize the hazard of contamination of the water supply. (c) On all new or reconstructed conveyances, water coolers shall be an integral part of the closed system. (d) Water filters if used on dining cars and other conveyances will be permitted only if they are so operated and maintained at all times as to prevent contamination of the water. (e) Constant temperature bottles and other containers used for storing or dispensing potable water shall be kept clean at all times and shall be subjected to effective bactericidal treatment as often as may be necessary to prevent the contamination of water so stored and dispensed. | ||||
| 21:21:8.0.1.5.57.3.1.4 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.43 Ice. | FDA | Ice shall not be permitted to come in contact with water in coolers or constant temperature bottles. | ||||
| 21:21:8.0.1.5.57.3.1.5 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.44 Drinking utensils and toilet articles. | FDA | (a) No cup, glass, or other drinking utensil which may be used by more than one person shall be provided on any conveyance unless such cup, glass, or drinking utensil shall have been thoroughly cleaned and subjected to effective bactericidal treatment after each individual use. (b) Towels, combs, or brushes for common use shall not be provided. | ||||
| 21:21:8.0.1.5.57.3.1.6 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.45 Food handling facilities on railroad conveyances. | FDA | (a) Both kitchens and pantries of cars hereafter constructed or reconstructed shall be equipped with double sinks, one of which shall be of sufficient size and depth to permit complete immersion of a basket of dishes during bactericidal treatment; in the pantry a dishwashing machine may be substituted for the double sinks. If chemicals are used for bactericidal treatment, 3-compartment sinks shall be provided. (b) A sink shall be provided for washing and handling cracked ice used in food or drink and shall be used for no other purpose. (c) Lavatory facilities for the use of the dining car crew shall be provided on each dining car. Such facilities shall be conveniently located and used for hand and face washing only: Provided, however, That where the kitchen and pantry on a dining car hereafter constructed or reconstructed are so partitioned or separated as to impede free passage between them lavatory facilities shall be provided in both the kitchen and the pantry. (d) Wherever toilet and lavatory facilities required by paragraph (c) of this section are not on the dining car, a lavatory shall be provided on the dining car for the use of employees. The lavatory shall be conveniently located and used only for the purpose for which it is installed. | ||||
| 21:21:8.0.1.5.57.3.1.7 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.49 Cleanliness of conveyances. | FDA | Conveyances while in transit shall be kept clean and free of flies and mosquitoes. A conveyance which becomes infected with vermin shall be placed out of service until such time as it shall have been effectively treated for the destruction of the vermin. | ||||
| 21:21:8.0.1.5.57.3.1.8 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.50 Toilet and lavatory facilities. | FDA | Where toilet and lavatory facilities are provided on conveyances they shall be so designed as to permit ready cleaning. On conveyances not equipped with retention facilities, toilet hoppers shall be of such design and so located as to prevent spattering of water filling pipes or hydrants. | ||||
| 21:21:8.0.1.5.57.3.1.9 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | C | Subpart C—Equipment and Operation of Land and Air Conveyances | § 1250.51 Railroad conveyances; discharge of wastes. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 40 FR 30110, July 17, 1975; 46 FR 8461, Jan. 27, 1981; 48 FR 11432, Mar. 18, 1983; 54 FR 24900, June 12, 1989; 59 FR 14366, Mar. 28, 1994; 61 FR 14481, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 81 FR 49897, July 29, 2016; 88 FR 45067, July 14, 2023] | (a) New railroad conveyances. Human wastes, garbage, waste water, or other polluting materials shall not be discharged from any new railroad conveyance except at servicing areas approved by the Commissioner of Food and Drugs. In lieu of retention pending discharge at approved servicing areas, human wastes, garbage, waste water, or other polluting materials that have been suitably treated to prevent the spread of communicable diseases may be discharged from such conveyances, except at stations. For the purposes of this section, “new railroad conveyance” means any such conveyance placed into service for the first time after July 1, 1972, and the terms “waste water or other polluting materials” do not include drainage of drinking water taps or lavatory facilities. (b) Nonnew railroad conveyances. Human wastes, garbage, waste water, or other polluting materials shall not be discharged from any railroad conveyance, other than passenger conveyances for which an extension has been granted pursuant to paragraph (f) of this section, after December 31, 1977, except at servicing areas approved by the Commissioner of Food and Drugs. In lieu of retention pending discharge at approved servicing areas, human wastes, garbage, waste water, or other polluting materials that have been suitably treated to prevent the spread of communicable diseases may be discharged from such conveyances, except at stations. The terms “waste water or other polluting materials” do not include drainage of drinking water taps or lavatory facilities. (c) Toilets. When railroad conveyances, occupied or open to occupancy by travelers, are at a station or servicing area, toilets shall be kept locked unless means are provided to prevent contamination of the area or station. (d) Submission of annual report. Each railroad company shall submit to the Center for Food Safety and Applied Nutrition (HFS-627), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, an annual report of accomplishments made in modifying conveyances to achiev… | |||
| 21:21:8.0.1.5.57.4.1.1 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.60 Applicability. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | Land and air conveyances engaged in interstate traffic shall use only such servicing areas within the United States as have been approved by the Commissioner of Food and Drugs as being in compliance with the requirements prescribed in this subpart. | |||
| 21:21:8.0.1.5.57.4.1.2 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.61 Inspection and approval. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | The Commissioner of Food and Drugs may inspect any such areas to determine whether they shall be approved. He may base his approval or disapproval on investigations made by representatives of State departments of health. | |||
| 21:21:8.0.1.5.57.4.1.3 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.62 Submittal of construction plans. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | Plans for construction or major reconstruction of sanitation facilities at servicing areas shall be submitted to the Commissioner of Food and Drugs for review of the conformity of the proposed facilities with the requirements of this subpart. | |||
| 21:21:8.0.1.5.57.4.1.4 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.63 General requirements. | FDA | Servicing areas shall be provided with all necessary sanitary facilities so operated and maintained as to prevent the spread of communicable diseases. | ||||
| 21:21:8.0.1.5.57.4.1.5 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.65 Drainage. | FDA | All platforms and other places at which water or food supplies are loaded onto or removed from conveyances shall be adequately drained so as to prevent pooling. | ||||
| 21:21:8.0.1.5.57.4.1.6 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.67 Watering equipment. | FDA | (a) General requirements. All servicing area piping systems, hydrants, taps, faucets, hoses, buckets, and other appurtenances necessary for delivery of drinking and culinary water to a conveyance shall be designed, constructed, maintained and operated in such a manner as to prevent contamination of the water. (b) Outlets for nonpotable water. Outlets for nonpotable water shall be provided with fittings different from those provided for outlets for potable water and each nonpotable water outlet shall be posted with permanent signs warning that the water is unfit for drinking. (c) Ice. If bulk ice is used for the cooling of drinking water or other beverages, or for food preservation purposes, equipment constructed so as not to become a factor in the transmission of communicable diseases shall be provided for the storage, washing, handling, and delivery to conveyances of such bulk ice, and such equipment shall be used for no other purposes. | ||||
| 21:21:8.0.1.5.57.4.1.7 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.70 Employee conveniences. | FDA | (a) There shall be adequate toilet, washroom, locker, and other essential sanitary facilities readily accessible for use of employees adjacent to places or areas where land and air conveyances are serviced, maintained, and cleaned. These facilities shall be maintained in a clean and sanitary condition at all times. (b) In the case of diners not in a train but with a crew on board, adequate toilet facilities shall be available to the crew within a reasonable distance but not exceeding 500 feet of such diners. (c) Drinking fountains and coolers shall be constructed of impervious, nonoxidizing material, and shall be so designed and constructed as to be easily cleaned. The jet of a drinking fountain shall be slanting and the orifice of the jet shall be protected by a guard in such a manner as to prevent contamination thereof by droppings from the mouth. The orifice of such a jet shall be located a sufficient distance above the rim of the basin to prevent backflow. | ||||
| 21:21:8.0.1.5.57.4.1.8 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.75 Disposal of human wastes. | FDA | (a) At servicing areas and at stations where land and air conveyances are occupied by passengers the operations shall be so conducted as to avoid contamination of such areas and stations by human wastes. (b) Toilet wastes shall be disposed of through sanitary sewers or by other methods assuring sanitary disposal of such wastes. All soil cans and removable containers shall be thoroughly cleaned before being returned to use. Equipment for cleaning such containers and for flushing nonremovable containers and waste carts shall be so designed as to prevent backflow into the water line, and such equipment shall be used for no purpose connected with the handling of food, water or ice. (c) All persons who have handled soil cans or other containers which have come in contact with human wastes shall be required to wash their hands thoroughly with soap and warm water and to remove any garments which have become soiled with such wastes before engaging in any work connected with the loading, unloading, transporting or other handling of food, water or ice. | ||||
| 21:21:8.0.1.5.57.4.1.9 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | D | Subpart D—Servicing Areas for Land and Air Conveyances | § 1250.79 Garbage disposal. | FDA | (a) Water-tight, readily cleanable, nonabsorbent containers with close-fitting covers shall be used to receive and store garbage. (b) Can washing and draining facilities shall be provided. (c) Garbage cans shall be emptied daily and shall be thoroughly washed before being returned for use. | ||||
| 21:21:8.0.1.5.57.5.1.1 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.80 Applicability. | FDA | The sanitation facilities and the sanitary conditions on vessels engaged in interstate traffic shall comply with the requirements prescribed in this subpart, provided that no major structural change will be required on existing vessels. | ||||
| 21:21:8.0.1.5.57.5.1.10 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.90 Toilets and lavatories. | FDA | Toilet and lavatory equipment and spaces shall be maintained in a clean condition. | ||||
| 21:21:8.0.1.5.57.5.1.11 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.93 Discharge of wastes. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | Vessels operating on fresh water lakes or rivers shall not discharge sewage, or ballast or bilge water, within such areas adjacent to domestic water intakes as are designated by the Commissioner of Food and Drugs. For Environmental Protection Agency's regulations for vessel sanitary discharges as related to authority under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1314 et seq. ), see 40 CFR part 140. | |||
| 21:21:8.0.1.5.57.5.1.12 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.95 Insect control. | FDA | Vessels shall be maintained free of infestation by flies, mosquitoes, fleas, lice, and other insects known to be vectors in the transmission of communicable diseases, through the use of screening, insecticides, and other generally accepted methods of insect control. | ||||
| 21:21:8.0.1.5.57.5.1.13 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.96 Rodent control. | FDA | Vessels shall be maintained free of rodent infestation through the use of traps, poisons, and other generally accepted methods of rodent control. | ||||
| 21:21:8.0.1.5.57.5.1.2 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.81 Inspection. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | The Commissioner of Food and Drugs may inspect such vessels to determine compliance with the requirements of this subpart. | |||
| 21:21:8.0.1.5.57.5.1.3 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.82 Potable water systems. | FDA | [40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983] | The following conditions must be met by vessel water systems used for the storage and distribution of water which has met the requirements of § 1240.80 of this chapter. (a) The potable water system, including filling hose and lines, pumps, tanks, and distributing pipes, shall be separate and distinct from other water systems and shall be used for no other purposes. (b) All potable water tanks shall be independent of any tanks holding nonpotable water or other liquid. All potable water tanks shall be independent of the shell of the ship unless (1) the bottom of the tank is at least 2 feet above the maximum load water line, (2) the seams in the shell are continuously welded, and (3) there are no rivets in that part of the shell which forms a side of a tank. A deck may be used as the top of a tank provided there are no access or inspection openings or rivets therein, and the seams are continuously welded. No toilet or urinal shall be installed immediately above that part of the deck which forms the top of a tank. All potable water tanks shall be located at a sufficient height above the bilge to allow for draining and to prevent submergence in bilge water. (c) Each potable water tank shall be provided with a means of drainage and, if it is equipped with a manhole, overflow, vent, or a device for measuring depth of water, provision shall be made to prevent entrance into the tank of any contaminating substance. No deck or sanitary drain or pipe carrying any nonpotable water or liquid shall be permitted to pass through the tank. (d) Tanks and piping shall bear clear marks of identification. (e) There shall be no backflow or cross connection between potable water systems and any other systems. Pipes and fittings conveying potable water to any fixture, apparatus, or equipment shall be installed in such way that backflow will be prevented. Waste pipes from any part of the potable water system, including treatment devices, discharging to a drain, shall be suitably protected against backflow. (f) Water systems shall be… | |||
| 21:21:8.0.1.5.57.5.1.4 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.83 Storage of water prior to treatment. | FDA | The following requirements with respect to the storage of water on vessels prior to treatment must be met in order to obtain approval of treatment facilities under § 1240.90 of this chapter. (a) The tank, whether independent or formed by the skin of the ship, deck, tank top, or partitions common with other tanks, shall be free of apparent leakage. (b) No sanitary drain shall pass through the tank. (c) The tank shall be adequately protected against both the backflow and discharge into it of bilge or highly contaminated water. | ||||
| 21:21:8.0.1.5.57.5.1.5 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.84 Water in galleys and medical care spaces. | FDA | (a) Potable water, hot and cold, shall be available in the galley and pantry except that, when potable water storage is inadequate, nonpotable water may be piped to the galley for deck washing and in connection with garbage disposal. Any tap discharging nonpotable water which is installed for deck washing purposes shall not be more than 18 inches above the deck and shall be distinctly marked “For deck washing only”. (b) In the case of existing vessels on which heat treated wash water has been used for the washing of utensils prior to the effective date of the regulations in this part, such water may continue to be so used provided controls are employed to insure the heating of all water to at least 170 °F before discharge from the heater. (c) Potable water, hot and cold, shall be available in medical care spaces for hand-washing and for medical care purposes excluding hydrotherapy. | ||||
| 21:21:8.0.1.5.57.5.1.6 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.85 Drinking fountains and coolers; ice; constant temperature bottles. | FDA | (a) Drinking fountains and coolers shall be constructed of impervious, nonoxidizing material, and shall be so designed and constructed as to be easily cleaned. The jet of a drinking fountain shall be slanting and the orifice of the jet shall be protected by a guard in such a manner as to prevent contamination thereof by droppings from the mouth. The orifice of such a jet shall be located a sufficient distance above the rim of the basin to prevent backflow. (b) Ice shall not be permitted to come in contact with water in coolers or constant temperature bottles. (c) Constant temperature bottles and other containers used for storing or dispensing potable water shall be kept clean at all times and shall be subjected to effective bactericidal treatment after each occupancy of the space served and at intervals not exceeding one week. | ||||
| 21:21:8.0.1.5.57.5.1.7 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.86 Water for making ice. | FDA | Only potable water shall be piped into a freezer for making ice for drinking and culinary purposes. | ||||
| 21:21:8.0.1.5.57.5.1.8 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.87 Wash water. | FDA | Where systems installed on vessels for wash water, as defined in § 1250.3(n), do not comply with the requirements of a potable water system, prescribed in § 1250.82, they shall be constructed so as to minimize the possibility of the water therein being contaminated. The storage tanks shall comply with the requirements of § 1250.83, and the distribution system shall not be cross connected to a system carrying water of a lower sanitary quality. All faucets shall be labeled “Unfit for drinking”. | ||||
| 21:21:8.0.1.5.57.5.1.9 | 21 | Food and Drugs | I | L | 1250 | PART 1250—INTERSTATE CONVEYANCE SANITATION | E | Subpart E—Sanitation Facilities and Conditions on Vessels | § 1250.89 Swimming pools. | FDA | (a) Fill and draw swimming pools shall not be installed or used. (b) Swimming pools of the recirculation type shall be equipped so as to provide complete circulation, replacement, and filtration of the water in the pool every six hours or less. Suitable means of chlorination and, if necessary, other treatment of the water shall be provided to maintain the residual chlorine in the pool water at not less than 0.4 part per million and the pH (a measure of the hydrogen ion concentration) not less than 7.0. (c) Flowing-through types of salt water pools shall be so operated that complete circulation and replacement of the water in the pool will be effected every 6 hours or less. The water delivery pipe to the pool shall be independent of all other pipes and shall originate at a point where maximum flushing of the pump and pipe line is effected after leaving polluted waters. | ||||
| 49:49:9.1.1.1.16.0.9.1 | 49 | Transportation | X | C | 1250 | PART 1250—RAILROAD PERFORMANCE DATA REPORTING | § 1250.1 General. | STB | (a) The reporting period covers: (1) For § 1250.2(a)(1)-(9), 12:01 a.m. Saturday-11:59 p.m. Friday; (2) For § 1250.2(a)(10), the previous calendar month; (3) For § 1250.2(a)(11), 12:01 a.m. Sunday-11:59 p.m. Saturday; (4) For § 1250.3(a)(1)-(2), 12:01 a.m. Saturday-11:59 p.m. Friday. (b) The data required under § 1250.2 and § 1250.3(a) must be reported to the Board via the method and in the form prescribed by the Board's Office of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) by 5 p.m. Eastern Time on Wednesday of each week. In the event that a particular Wednesday is a Federal holiday or falls on a day when STB offices are closed for any other reason, then the data should be reported on the next business day when the offices are open. (c) Each reporting railroad shall provide an explanation of its methodology for deriving the data with its initial filing and an update if and when that methodology changes. This explanation should include the unit train definition that the railroad will use in its data reporting, which shall reflect its assignment of train codes in accordance with its normal business practices. If and when a railroad changes its definition of unit train it shall notify the Board of the change at the time it goes into effect in the form prescribed by OPAGAC. (d) Unless otherwise provided, the performance data, Chicago data and alert levels, narrative infrastructure reporting, and any methodologies or explanations of data collection reported to the Board under this part will be publicly available and posted on the Board's Web site. | ||||||
| 49:49:9.1.1.1.16.0.9.2 | 49 | Transportation | X | C | 1250 | PART 1250—RAILROAD PERFORMANCE DATA REPORTING | § 1250.2 Railroad performance data elements. | STB | [81 FR 87484, Dec. 5, 2016, as amended at 82 FR 13402, Mar. 13, 2017; 85 FR 30851, May 21, 2020] | (a) Each Class I railroad must report the performance data elements in paragraphs (a)(1)-(9) and (11) of this section on a weekly basis, and the data elements in paragraph (a)(10) on a monthly basis, for the reporting period, as defined in § 1250.1(a). However, with regard to data elements in paragraph (a)(7) and (8), Kansas City Southern Railway Company is not required to report information by state, but instead shall report system-wide data. (1) System-average train speed for the overall system and for the following train types for the reporting week. (Train speed should be measured for line-haul movements between terminals. The average speed for each train type should be calculated by dividing total train-miles by total hours operated.) (i) Intermodal. (ii) Grain unit. (iii) Coal unit. (iv) Automotive unit. (v) Crude oil unit. (vi) Ethanol unit. (vii) Manifest. (viii) System. (2) Weekly average terminal dwell time, measured in hours, excluding cars on run-through trains ( i.e., cars that arrive at, and depart from, a terminal on the same through train), for the carrier's system and its 10 largest terminals in terms of railcars processed. (Terminal dwell is the average time a car resides at a specified terminal location expressed in hours.) (3) Weekly average cars on line by the following car types for the reporting week. (Each railroad shall average its daily on-line inventory of freight cars. Articulated cars should be counted as a single unit. Cars on private tracks ( e.g., at a customer's facility) should be counted on the last railroad on which they were located. Maintenance-of-way cars and other cars in railroad service are to be excluded.) (i) Box. (ii) Covered hopper. (iii) Gondola. (iv) Intermodal. (v) Multilevel (Automotive). (vi) Open hopper. (vii) Tank. (viii) Other. (ix) Total. (4) Weekly average dwell time at origin for the following train types: Grain unit, coal unit, automotive unit, crude oil unit, ethanol unit, and all other unit trains. (For the purposes of this data el… | |||||
| 49:49:9.1.1.1.16.0.9.3 | 49 | Transportation | X | C | 1250 | PART 1250—RAILROAD PERFORMANCE DATA REPORTING | § 1250.3 Chicago terminal reporting. | STB | (a) Each Class I railroad operating at the Chicago gateway must jointly report the following performance data on a weekly basis for the reporting period, as defined in § 1250.1(a). The reports required under this section may be submitted by the Association of American Railroads (AAR). (1) Average daily car volume in the following Chicago area yards: Barr, Bensenville, Blue Island, Calumet, Cicero, Clearing, Corwith, Gibson, Kirk, Markham, and Proviso for the reporting week; and (2) Average daily number of trains held for delivery to Chicago sorted by receiving carrier for the reporting week. The average daily number should be derived by taking a same time snapshot each day of the reporting week, capturing the trains held for each railroad at that time, and then adding those snapshots together and dividing by the days in the reporting week. (i) For purposes of this request, “held for delivery” refers to a train staged by the delivering railroad short of its scheduled arrival at the Chicago gateway at the request of the receiving railroad, and that has missed its scheduled window for arrival. (ii) If Chicago terminal yards not identified in § 1250.2(b)(1) are included in the Chicago Transportation Coordination Office's (CTCO) assessment of the fluidity of the gateway for purposes of implementing service contingency measures, then the data requested in § 1250.2(b)(1) shall also be reported for those yards. (b) The Class I railroad members of the CTCO (or one Class I railroad member of the CTCO designated to file on behalf of all Class I railroad members, or AAR) must: (1) File a written notice with the Board when the CTCO changes its operating Alert Level status, within one business day of that change in status. (2) If the CTCO revises its protocol of service contingency measures, file with the Board a detailed explanation of the new protocol, including both triggers and countermeasures, within seven days of its adoption. (c) Reports under paragraph (b) of this section shall be reported to the Director of th… | ||||||
| 49:49:9.1.1.1.16.0.9.4 | 49 | Transportation | X | C | 1250 | PART 1250—RAILROAD PERFORMANCE DATA REPORTING | § 1250.4 Rail infrastructure projects reporting. | STB | (a) Class I railroads shall submit annually a narrative report of significant rail infrastructure projects that will be commenced during the current calendar year, and a six-month update on those projects. The reports should briefly describe each project, its purpose, location (state/counties), and projected date of completion. (b) A “significant rail infrastructure project” is defined as a project with anticipated expenditures of $75 million or more over the life of the project. (c) The narrative report should be submitted no later than March 1 of each calendar year and the update no later than September 1 of each calendar year via email to the Board's Office of Public Assistance, Governmental Affairs and Compliance (OPAGAC) via the method and in the form prescribed by OPAGAC. In the event that March 1 or September 1 is a Federal holiday, weekend, or falls on a day when STB offices are closed for any other reason, then the data should be reported on the next business day when the offices are open. | ||||||
| 7:7:10.1.1.1.18.1.289.1 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.200 Referenda. | AMS | Referenda for the purpose of ascertaining whether the issuance by the Secretary of Agriculture of an Egg Research and Promotion Order, or the continuance, termination, or suspension of such an order, is approved or favored by producers shall, unless supplemented or modified by the Secretary, be conducted in accordance with this subpart. | ||||||
| 7:7:10.1.1.1.18.1.289.2 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.201 Definitions. | AMS | (a) Act means the Egg Research and Consumer Information Act and as it may be amended (Pub. L. 93-428, 7 U.S.C. 2701 et seq. ). (b) Administrator means the administrator of the Agricultural Marketing Service, with power to redelegate, or any other officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead. (c) Egg producer or producer means any person who either is an egg farmer who acquires and owns laying hens, chicks, and/or started pullets for the purpose of and is engaged in the production of commercial eggs; or is a person who supplied or supplies laying hens, chicks, and/or started pullets to an egg farmer for the purpose of producing commercial eggs pursuant to an oral or written contractual agreement for the production of commercial eggs. Such person is deemed to be the owner of such laying hens unless it is established in writing, to the satisfaction of the Secretary or the Egg Board, that actual ownership of the laying hens is in some other party to the contract. In the event the party to an oral contract who supplied or supplies the laying hens cannot be readily identified by the Secretary or the Egg Board, the person who has immediate possession and control over the laying hens at the egg production facility shall be deemed to be the owner of such hens unless written notice is provided to the Secretary or the Egg Board, signed by the parties to said oral contract, clearly stating that the eggs are being produced under a contractual agreement and identifying the party (or parties) under said contract who is the owner of the hens. (d) Order means the order or any amendment thereto promulgated pursuant to the act with respect to which the Secretary has directed that a referendum be conducted. (e) Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (f) Referendum agent means the individual or individuals designated by the Secretary to c… | ||||||
| 7:7:10.1.1.1.18.1.289.3 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.202 Voting. | AMS | (a) Each person who is a producer, as defined in this subpart, at the time of the referendum, who was engaged in the production of commercial eggs during the representative period, and who is not exempt from the provisions of the order as provided for in § 1250.348 thereof, shall be entitled to only one vote in the referendum. (b) Proxy voting is not authorized, but an officer or employee of a corporate producer, or an administrator, executor, or trustee of a producing estate, or an authorized representative of any other entity may cast a ballot on behalf of such producer or estate. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the corporate producer, or an administrator, executor, or trustee of the producing estate, or an authorized representative of such other entity, and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of his authority. (c) Each producer shall be entitled to cast only one ballot in the referendum. | ||||||
| 7:7:10.1.1.1.18.1.289.4 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.203 Instructions. | AMS | The referendum agent shall conduct the referendum, in the manner herein provided, under supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedure to be followed by the referendum agent. Such agent shall: (a) Determine the time of commencement and termination of the period of the referendum, and the time when all ballots must be received by the referendum agent. (b) Determine whether ballots may be cast by mail, at polling places, at meetings of producers, or by any combination of the foregoing. (c) Provide ballots and related material to be used in the referendum. Ballot material shall provide for recording essential information for ascertaining whether the person voting or on whose behalf the vote is cast, is an eligible voter, and the total volume of commercial eggs produced during a representative period. (d) Give reasonable advance notice of the referendum: (1) By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (2) By such other means as the agent may deem advisable. (e) Make available to producers instructions on voting, appropriate registration, ballot, and certification forms, and, except in the case of a referendum on the termination or continuance of an order, a summary of the terms and conditions of the order: Provided, that no person who claims to be qualified to vote shall be refused a ballot. (f) If the ballots are to be cast by mail, cause all the material specified in paragraph (e) of this section to be mailed to each eligible producer whose name and address are known to the Secretary or the referendum agent. (g) If the ballots are to be cast at polling places or meetings, determine the necessary number of polling or meeting places, designate them, anno… | ||||||
| 7:7:10.1.1.1.18.1.289.5 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.204 Subagents. | AMS | The referendum agent may appoint any person or persons deemed necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform, in accordance with the requirements herein set forth, any or all of the following functions (which, in the absence of such appointment, shall be performed by said agent): (a) Give public notice of the referendum in the manner specified herein; (b) Preside at a meeting where ballots are to be cast or as poll officer at a polling place; (c) See the ballots and the aforesaid texts are distributed to producers and receive any ballots which are cast; and (d) Record the name and address of each person casting a ballot with said subagent and inquire, as deemed appropriate, into the eligibility of such persons to vote in the referendum. | ||||||
| 7:7:10.1.1.1.18.1.289.6 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.205 Ballots. | AMS | The referendum agent and subagents shall accept all ballots cast; but should they, or any of them, deem that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, and the results of any investigations made with respect thereto, and the disposition thereof. Invalid ballots shall not be counted. | ||||||
| 7:7:10.1.1.1.18.1.289.7 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.206 Referendum report. | AMS | Except as otherwise directed, the Administrator shall prepare and submit to the Secretary a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to analysis of the referendum and its results. | ||||||
| 7:7:10.1.1.1.18.1.289.8 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Referendum Procedures | § 1250.207 Confidential information. | AMS | The ballots cast or the manner in which any person voted and all information furnished to, compiled by, or in the possession of the referendum agent shall be regarded as confidential. The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed. | ||||||
| 7:7:10.1.1.1.18.2.289.1 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.301 Secretary. | AMS | Secretary means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. | ||||||
| 7:7:10.1.1.1.18.2.289.10 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.310 Promotion. | AMS | Promotion means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. | ||||||
| 7:7:10.1.1.1.18.2.289.11 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.311 Research. | AMS | Research means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent fowl, or the evaluation of such research. | ||||||
| 7:7:10.1.1.1.18.2.289.12 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.312 Marketing. | AMS | Marketing means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl in any channel of commerce. | ||||||
| 7:7:10.1.1.1.18.2.289.13 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.313 Eligible organization. | AMS | Eligible organization means any organization, association, or cooperative which represents egg producers of any egg producing area of the United States certified by the Secretary pursuant to § 1250.356. | ||||||
| 7:7:10.1.1.1.18.2.289.14 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.314 Plans and projects. | AMS | Plans and projects means those research, consumer and producer education, advertising, marketing, product development, and promotion plans, studies, or projects pursuant to § 1250.341. | ||||||
| 7:7:10.1.1.1.18.2.289.15 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.315 Part and subpart. | AMS | Part means the Egg Research and Promotion Order and all rules, regulations, and supplemental order issued pursuant to the act and the order. “Subpart” refers to the aforesaid order or any other portion or segment of this part. | ||||||
| 7:7:10.1.1.1.18.2.289.16 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.316 Representative of a producer. | AMS | Representative of a producer means the owner, officer, or an employee of a producer who has been duly authorized to act in the place and stead of the producer. | ||||||
| 7:7:10.1.1.1.18.2.289.2 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.302 Act. | AMS | Act means the Egg Research and Consumer Information Act and as it may be amended (Pub. L. 93-428). | ||||||
| 7:7:10.1.1.1.18.2.289.3 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.303 Fiscal period. | AMS | Fiscal period means the calendar year unless the Egg Board, with the approval of the Secretary, selects some other budgetary period. | ||||||
| 7:7:10.1.1.1.18.2.289.4 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.304 Egg Board or Board. | AMS | Egg Board or Board or other designatory term adopted by such Board, with the approval of the Secretary, means the administrative body established pursuant to § 1250.326. | ||||||
| 7:7:10.1.1.1.18.2.289.5 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.305 Egg producer or producer. | AMS | Egg producer or producer means any person who either: (a) Is an egg farmer who acquires and owns laying hens, chicks, and/or started pullets for the purpose of and is engaged in the production of commercial eggs; or (b) Is a person who supplied or supplies laying hens, chicks, and/or started pullets to an egg farmer for the purpose of producing commercial eggs pursuant to an oral or written contractual argeement for the production of commercial eggs. Such person is deemed to be the owner of such laying hens unless it is established in writing, to the satisfaction of the Secretary or the Egg Board, that actual ownership of the laying hens is in some other party to the contract. In the event the party to an oral contract who supplied or supplies the laying hens cannot be readily identified by the Secretary or the Egg Board, the person who has immediate possession and control over the laying hens at the egg production facility shall be deemed to be the owner of such hens unless written notice is provided to the Secretary or the Egg Board, signed by the parties to said oral contract, clearly stating that the eggs are being produced under a contractual agreement and identifying the party (or parties) under said contract who is the owner of the hens. | ||||||
| 7:7:10.1.1.1.18.2.289.6 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.306 Commercial eggs or eggs. | AMS | Commercial eggs or eggs means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products. | ||||||
| 7:7:10.1.1.1.18.2.289.7 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.307 Person. | AMS | Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. | ||||||
| 7:7:10.1.1.1.18.2.289.8 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.308 United States. | AMS | United States means the 48 contiguous States of the United States of America and the District of Columbia. | ||||||
| 7:7:10.1.1.1.18.2.289.9 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.309 Handler. | AMS | Handler means any person who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his own production. | ||||||
| 7:7:10.1.1.1.18.2.290.17 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.326 Establishment and membership. | AMS | There is hereby established an Egg Board, hereinafter called the “Board,” composed of 18 egg producers or representatives of egg producers, and 18 specific alternates, all appointed by the Secretary from nominations submitted by eligible organizations, associations, or cooperatives, or by other producers pursuant to § 1250.328. | ||||||
| 7:7:10.1.1.1.18.2.290.18 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.327 Term of office. | AMS | The members of the Board, and their alternates, shall serve for terms of 2 years, except initial appointments shall be, proportionately, for terms of 2 and 3 years. Each member and alternate member shall continue to serve until his successor is appointed by the Secretary and has qualified. No member shall serve for more than three consecutive terms. | ||||||
| 7:7:10.1.1.1.18.2.290.19 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.328 Nominations. | AMS | [40 FR 59190, Dec. 22, 1975, as amended at 60 FR 66861, Dec. 27, 1995] | All nominations authorized under § 1250.326 shall be made in the following manner: (a) Within 30 days of the approval of this order by referendum, nominations shall be submitted to the Secretary for each geographic area as specified in paragraph (d) of this section by eligible organizations, associations, or cooperatives certified pursuant to § 1250.356, or, if the Secretary determines that a substantial number of egg producers are not members of, or their interests are not represented by, any such eligible organization, association, or cooperative, then from nominations made by such egg producers in the manner authorized by the Secretary; (b) After the establishment of the initial Board, the nominations for subsequent Board members and alternates shall be submitted to the Secretary not less than 60 days prior to the expiration of the terms of the members and alternates previously appointed to the Board; (c) Where there is more than one eligible organization, association, or cooperative within each geographic area, as defined by the Secretary, they may caucus for the purpose of jointly nominating two qualified persons for each member and for each alternate member to be appointed. If joint agreement is not reached with respect to any such nominations, or if no caucus is held within a defined geographic area, each eligible organization, association, or cooperative may submit to the Secretary two nominations for each appointment to be made; (d) The number of members of the initial Board, and their alternates, who shall be appointed from each area are: Area 1-3, Area 2-4, Area 3-2, Area 4-2, Area 5-4, and Area 6-3, for a total of 18 members from all areas. Changes to the Board as provided in paragraph (e) of this section shall be accomplished by determining the percentage of United States egg production in each area times 18 (total Board membership) and rounding to the nearest whole number; and (e) After the establishment of the initial Board, the area grouping of the 48 contiguous States of the United States, i… | |||||
| 7:7:10.1.1.1.18.2.290.20 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.329 Selection. | AMS | From the nominations made pursuant to § 1250.328, the Secretary shall appoint the members of the Board, and an alternate for each such member, on the basis of representations provided for in § 1250.326, § 1250.327, and § 1250.328. | ||||||
| 7:7:10.1.1.1.18.2.290.21 | 7 | Agriculture | XI | 1250 | PART 1250—EGG RESEARCH AND PROMOTION | Subpart—Egg Research and Promotion Order | § 1250.330 Acceptance. | AMS | Any person appointed by the Secretary as a member, or as an alternate member, of the Board shall qualify by filing a written acceptance with the Secretary within a period of time prescribed by the Secretary. |
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