cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
39 rows where part_number = 260 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:11.0.1.5.6.1.1.1 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.1 Administration of regulations. | NOAA | The Secretary of the Department of Commerce is charged by the Agricultural Marketing Act of 1946 with the administration of the regulations in this part, except that they may delegate any or all of such functions to any officer or employee of the National Marine Fisheries Service (the Agency ) of the Department at their discretion. | ||||
| 50:50:11.0.1.5.6.1.1.10 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.10 Basis of inspection, grade and compliance assessment. | NOAA | (a) Finished product inspection and certification services shall be performed on the basis of the specifications deemed appropriate by SIP. (b) Unless otherwise approved by SIP, compliance with the appropriate specifications shall be determined by evaluating the product, or sample, in accordance with the product inspection and quality assessment procedures outlined in the SIP Manual. Provided, that: (1) Such sample complies with the applicable standards of quality promulgated under the Federal Food, Drug, and Cosmetic Act; (2) Such sample complies with the product description; (3) Such sample meets the indicated grade with respect to factors of quality which are not rated by score points; and (4) The number of sample units classed as deviants does not exceed the applicable acceptance number indicated in the sampling plans approved and used. A “deviant,” as used in this paragraph, means a sample unit that falls below the indicated grade or specification parameter. | ||||
| 50:50:11.0.1.5.6.1.1.11 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.11 Order of inspection service. | NOAA | Inspection services shall be performed, insofar as practicable, in the order in which Application for Inspection Service is made, except that precedence is given first to the United States (including, but not limited to, any instrumentality or agency thereof); second, to an inspection contract holder; and third, to an interested party without an inspection contract. | ||||
| 50:50:11.0.1.5.6.1.1.12 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.12 Financial interest of inspector. | NOAA | No inspector shall inspect any product in which s/he has a direct or indirect financial interest. | ||||
| 50:50:11.0.1.5.6.1.1.13 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.13 Official forms for inspection services. | NOAA | Inspection certificates, memoranda, reports and other documents associated with inspection services shall only be issued on forms approved by the Agency. | ||||
| 50:50:11.0.1.5.6.1.1.14 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.14 Issuance of certificates. | NOAA | Inspection Certificates and Certificates of Loading may be issued by an inspector authorized by the Agency to affix their signature to a certificate that has been prepared in accordance with the documented evidence in connection with the inspection service provided. | ||||
| 50:50:11.0.1.5.6.1.1.15 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.15 Issuance of corrected certificates. | NOAA | When an issued inspection certificate contains errors or otherwise requires revision, the inspector who issued the original document or another employee of the Agency may issue a corrected inspection certificate. The corrected certificate will supersede the original document, which will become null and void after the issuance of the corrected certificate. | ||||
| 50:50:11.0.1.5.6.1.1.16 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.16 Issuance of an inspection report in lieu of an inspection certificate. | NOAA | A written report in lieu of an inspection certificate may be issued by an inspector when such action appears to be more suitable than an inspection certificate. | ||||
| 50:50:11.0.1.5.6.1.1.17 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.17 Retention and provision of inspection certificates. | NOAA | Inspection certificate copies or other documents issued under the regulations in this part shall be retained by the Agency in accordance with Agency record retention policies. The original certificate (electronic or other) or copy is provided to the inspection service requester, and copies may be provided to other interested parties as identified by the Agency. | ||||
| 50:50:11.0.1.5.6.1.1.18 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.18 Report of inspection results prior to issuance of formal report. | NOAA | Upon request by any interested party and approval by the Agency, the interim inspection findings may be provided. | ||||
| 50:50:11.0.1.5.6.1.1.19 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.19 Requesting an appeal. | NOAA | (a) An application for an appeal may be made by any interested party who has cause to disagree with the results of a product inspection or audit finding. An official appeal inspection of a product inspection may only be performed when the lot of fish or fishery products or other marine ingredients can be positively identified by the inspection service as the lot from which officially drawn samples were previously inspected. (b) Such application shall be made in adherence with the SIP Manual and shall be made within 30 days following the day on which the previous result was communicated, except that upon approval by SIP the time may be extended. | ||||
| 50:50:11.0.1.5.6.1.1.2 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.2 Terms defined. | NOAA | Words in the regulations in this part in the singular form shall be deemed to import the plural and vice versa, as the case may demand. For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall have the following meanings: Acceptance number means the number in a sampling plan that indicates the maximum number of nonconformities permitted in a sample of a lot that meets a specific requirement. Act means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U.S.C. 1621 et seq. ) or any other act of Congress conferring like authority. Administrator means the Administrator of NOAA (Under Secretary of Commerce for Oceans and Atmosphere) or a designee. Agency means the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce. Applicant means any interested party who requests inspection service under the regulations in this part. Approved Establishment means an establishment which has been approved by the Agency pursuant to this Part and the NMFS Fishery Products Inspection Manual (SIP Manual) and utilizes inspection service on a contract basis. Certificate of loading means an official certificate or document that makes a statement relative to check-loading of a fish or fishery product or other marine ingredient subsequent to inspection thereof issued pursuant to the regulations in this part. Certificate of sampling means an official certificate or document that makes a statement pursuant to the regulations in this part identifying officially drawn samples and may include a description of the condition of containers and the condition under which the fish or fishery product or other marine ingredient is stored. Class means a grade or rank of quality. Condition means the degree of soundness of the product that may affect its merchantability and includes but is not limited to those factors that are subject to change due to age, improper prepara… | ||||
| 50:50:11.0.1.5.6.1.1.20 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.20 Withdrawing an appeal application. | NOAA | An application for appeal may be withdrawn by the applicant at any time before the appeal service is performed, provided that the applicant shall pay for all costs and expenses which have been incurred by the inspection service in connection with such application. | ||||
| 50:50:11.0.1.5.6.1.1.21 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.21 Declining an appeal application. | NOAA | A request for an appeal may be declined when: (a) The reasons for the appeal are frivolous or not substantial; (b) The quality or condition of the product has undergone a material change since the inspection covering the product on which an appeal inspection is requested; (c) The lot relative to which an appeal inspection is requested is not, or cannot be made, accessible for the selection of officially drawn samples; (d) The lot relative to which an appeal inspection is requested cannot be positively identified by the inspector as the lot from which officially drawn samples were previously inspected; or (e) There is noncompliance with the regulations in this part. The applicant shall be notified promptly if a request for appeal is declined, as outlined in the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.22 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.22 Appeal inspector selection protocol. | NOAA | (a) An inspector who did not perform the original product inspection shall be assigned to perform the appeal service; provided that the inspector who made the original product inspection on which an appeal is requested may be authorized to draw the samples when another inspector or licensed sampler is not available in the area where the product is located. (b) Whenever practical, the appeal service shall be conducted jointly by two inspectors. | ||||
| 50:50:11.0.1.5.6.1.1.23 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.23 Appeal documentation. | NOAA | (a) After an appeal service has been completed, the results will be recorded on an appropriate document, as outlined in the SIP Manual. Any appeal document shall supersede the certificate or report previously issued for the product or establishment involved. (b) The superseded document shall become null and void upon the issuance of the appeal document and shall no longer represent the quality or condition of the product, system, or establishment described therein. (c) If the original document and all copies have not been returned to the inspector(s) performing the appeal service, the appeal document shall be issued to the person(s) the inspector(s) considers necessary to prevent misuse of the superseded document. (d) All provisions in this regulation concerning the use, issuance and disposition of inspection certificates shall apply to appeal inspection certificates, except that electronic copies of the appeal inspection certificates shall be furnished to all interested parties who received the superseded certificate. | ||||
| 50:50:11.0.1.5.6.1.1.24 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.24 Inspectors. | NOAA | (a) Federal Government employees licensed or authorized as inspectors will perform inspections. (b) In addition, qualified persons may be employed and licensed (Cross-Licensee) by the Agency to perform specified inspection services under a joint Federal-State inspection service arrangement. (c) An Inspector or Cross-Licensee shall perform their duties pursuant to the regulations in this part as directed by the Director. | ||||
| 50:50:11.0.1.5.6.1.1.25 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.25 Licensed samplers. | NOAA | (a) Any person deemed to have the necessary qualifications may be approved as a licensed sampler. (b) Licensed samplers are authorized to draw samples, to confirm the identity of the lot, and assess the condition of containers in the lot. (c) Licensed samplers are not authorized to inspect fish or fishery products or other marine ingredients. | ||||
| 50:50:11.0.1.5.6.1.1.26 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.26 Suspension or revocation of licensed inspector or licensed sampler. | NOAA | In adherence to Federal and Agency requirements, the Agency may suspend or revoke the license of a licensed inspector or licensed sampler when deemed necessary, as outlined in the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.27 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.27 Surrender of license. | NOAA | Upon suspension, revocation and/or termination of the services of a licensed inspector and/or licensed sampler, or in the case of an expired license, the licensee shall surrender their license to the Agency. | ||||
| 50:50:11.0.1.5.6.1.1.28 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.28 Sampling plans and procedures. | NOAA | (a) When finished product inspections of fish and fishery products and other marine ingredients are performed, the Sampling Plans and Sampling Procedures set forth in the SIP Manual will be followed. (b) Defined lots of product must be accessible, allowing thorough and proper sampling in accordance with the regulations of this part. Failure to make lots accessible for proper sampling shall be sufficient cause for postponing or canceling inspection service. (c) Lots must be readily identifiable; if lots to be sampled are not suitably identified, the inspector or licensed sampler will mark the lot in a manner prescribed by the agency in the regulations and in the SIP Manual. (d) Samples shall be furnished for inspection at no cost to the Agency. (e) A certificate of sampling shall be prepared and signed by the inspector or licensed sampler. (f) Officially drawn samples shall be marked by the Agency representative so such samples can be properly identified for inspection. | ||||
| 50:50:11.0.1.5.6.1.1.29 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.29 Shipment of samples. | NOAA | Samples that require shipment to an Inspection Office shall be shipped in a manner to avoid, if possible, any material change in the quality or condition of the product. Costs associated with shipments shall be at the expense of the applicant. | ||||
| 50:50:11.0.1.5.6.1.1.3 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.3 Designation and use of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. | NOAA | Section 203(h) of the Agricultural Marketing Act of 1946 provides criminal penalties for various specified offenses relating to the misuse of official certificates, memoranda, marks or other identifications and devices for making such marks or identifications, issued or authorized under section 203 of said Act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said section and the provisions in this part, the terms listed below shall have the respective meanings specified: Official certificate means any form of written, printed or electronic certification, including those defined in § 260.2, used under this part to document and/or certify the compliance of fish or fishery products and other marine ingredients to applicable specifications with respect to inspection compliance and conformity to class, grade, quality, size, quantity, or condition requirements. Official device means a mechanically or manually operated tool, appliance or other means approved by the Agency to apply an official mark or other identification to any product or the packaging material thereof that is approved by the Director, including, but not limited to, a stamping appliance, branding device, stencil, or printed label. Official identification means any designation of class, grade, quality, size, quantity, condition, or attribute specified by this part or any symbol, stamp, label, seal, or official statement indicating that the product has been inspected or graded using specifications deemed appropriate by SIP or otherwise evaluated for any buyer specified attribute. Official insignia means a grade mark, inspection mark, combined inspection and grade mark, shield, stamp, other emblem, and/or official statement approved by the Secretary, authorized by the Agency, and used in accordance with the NMFS Fishery Products Inspection Manual (SIP Manual). Official document means a record of findings made by an authorized person having performed any inspectio… | ||||
| 50:50:11.0.1.5.6.1.1.30 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.30 Inspection fees, payment guarantees, charges and payments. | NOAA | (a) A schedule of fees, charges, payment guarantees and payments for inspection services shall be made in accordance with the applicable provisions of the regulations in this part and the Financial Policy provided in the SIP Manual. (b) The Schedule of Fees to be charged and collected for any inspection service performed under the regulations of this part will be determined annually, or as required, and published as a Notice in the Federal Register . (c) Fees for inspection under a cooperative agreement with any State or person shall be transferred and collected in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted in accordance with this section and the Financial Policy as provided in the SIP Manual. (d) Charges may be made to cover the cost of travel and other expenses incurred in connection with the performance of any inspection service, including appeal inspections, as provided in the SIP Manual. (e) Inspection services may be made on a contract basis or via a memorandum of understanding with other Federal and State entities pursuant to the Agricultural Marketing Act of 1946, provided the Agency is reimbursed for the full cost of such service. (f) For each calendar year, SIP will calculate the rate for services, per hour per program employee, using the following formulas: (1) Regular rate. The total SIP inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses may also be added to the cost of providing the service. The regular rate shall be the contract rate. (2) Overtime rate. The total SIP inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5 plus the benefits rate, … | ||||
| 50:50:11.0.1.5.6.1.1.31 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.31 Application for SIP Approved Establishment. | NOAA | Any person desiring to process and pack fish and fishery products and other marine ingredients as an SIP Approved Establishment must receive approval of their written and implemented food management system per the application procedures which are detailed in the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.32 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.32 Requirements for the provision of Inspection Services for Approved Establishments. | NOAA | All establishments must remain in good standing in order to receive services per this Part. (a) The determination as to the inspection effort required to adequately provide inspection service at any establishment will be made by NMFS. The person-hours required may vary at different establishments due to factors such as, but not limited to, size and complexity of operations, volume and variety of products produced, and adequacy of control systems and cooperation. The inspection effort requirement may be reevaluated when the contracting party or NMFS deems there is sufficient change in production, equipment and change of quality control input to warrant reevaluation. Inspectors will not be available to perform any of the employee or management duties; however, they will be available for consultation purposes. NMFS reserves the right to reassign inspectors as it deems necessary. (b) Assessment of an establishment's good standing will be made by the Agency through systems, process, and product auditing and inspection activities, which are further specified in the SIP Manual. (c) The Agency shall not be held responsible: (1) For damages occurring through any act of commission or omission on the part of its inspectors when engaged in performing services; or (2) For production errors, such as processing temperatures, length of process, or misbranding of products; or (3) For failure to supply enough inspection effort during any period of service. (d) Approved Establishments shall: (1) Use, handle, process, store and distribute only raw materials and finished products that meet processing and sanitation statutory and regulatory requirements for food safety, wholesomeness and labeling; (2) Adequately code each primary container and master case of products sold or otherwise distributed from a manufacturing, processing, packing, or repackaging activity to enable lot identification to facilitate, where necessary, the segregation of specific food lots that may have become contaminated or otherwise unfit for their inte… | ||||
| 50:50:11.0.1.5.6.1.1.33 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.33 Compliance with statutory and regulatory requirements. | NOAA | Approved Establishments shall comply with all statutory and regulatory requirements and provisions pertaining to the production of fish and fishery products and other marine ingredients for human or animal consumption. | ||||
| 50:50:11.0.1.5.6.1.1.34 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.34 Policies and procedures. | NOAA | The policies and procedures pertaining to the Agency's inspection services are contained within the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.35 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.35 Approved marks, shields, stamps and official statements. | NOAA | As prescribed by the SIP Manual, Inspection Service participants meeting the requirements may request approval to utilize specified SIP Grade Marks, Shields, Stamps and Official Statements (collectively SIP Insignia ). (a) Participants as approved establishments. (1) Fish and Fishery products and other marine ingredients that are processed under Federal inspection to assure compliance with all applicable regulatory requirements through the SIP Approved Establishments Program may be eligible to bear an: (i) Approved Establishment inspection mark; and/or, (ii) Approved Establishment Official Statement. (2) Fish and Fishery products and other marine ingredients that are processed under Federal inspection to ensure compliance with all applicable regulatory requirements through the SIP Approved Establishments Program and certified by an inspector as meeting the requirements of the applicable Approved Specification additionally may be eligible to bear (as applicable): (i) Grade A shield; (ii) Processed Under Federal Inspection (PUFI) mark; and/or (iii) Other official statements and/or marks, as approved by SIP, e.g. (3) Approved Establishments will not make deceptive, fraudulent, or unauthorized use in advertising, or otherwise, of the fishery products inspection service marks, the inspection certificates or reports issued, or the containers on which official identification marks are embossed or otherwise identified, in connection with the sale of any processed products; (b) Lot inspection marks. (1) Fish and fishery products and other marine ingredients that have not been processed under Federal inspection may not be approved for the use of Grade or Inspection Marks. Such products may, however, be inspected on a Lot Inspection basis. (2) Master cases and inspection certificates for products that are submitted for inspection through the lot inspection process identified in the SIP Manual and are certified by an inspector as meeting the requirements of the applicable USDC Approved Specification correspon… | ||||
| 50:50:11.0.1.5.6.1.1.36 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.36 Revocation of approval to use inspection marks and statements. | NOAA | (a) Approval for use of SIP inspection marks, statements, and insignia will be rescinded when evidence indicates that processing conditions and/or product lots do not meet applicable regulatory, inspection and/or quality requirements per the SIP Manual. (b) Any affected lot(s) shall be retained and may not enter commerce unless the lot meets minimum regulatory requirements to enter commerce and the SIP insignia is removed. (c) The establishment or processor shall obtain written clearance from the Agency for the release of product lots that have been put on hold under this part. | ||||
| 50:50:11.0.1.5.6.1.1.37 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.37 Compliance with other laws. | NOAA | None of the requirements in the regulations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing establishments and to processed food products. | ||||
| 50:50:11.0.1.5.6.1.1.38 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.38 Identification. | NOAA | Each inspector and licensed sampler shall have a means of identification furnished by the Agency in his/her possession and, while on duty, present such identification upon request. | ||||
| 50:50:11.0.1.5.6.1.1.39 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.39 Debarment and suspension. | NOAA | (a) Debarment. Any person may be debarred from using or benefiting from the inspection service provided under the regulations of this subchapter or under the terms of any inspection contract, and such debarment may apply to one or more processing establishments under their control, if such person engages in one or more of the following acts or activities: (1) Misrepresenting, misstating, or withholding any material or relevant facts or information in conjunction with any application or request for an inspection contract, inspection service, inspection appeal, lot inspection, or other service provided for under the regulations of this subchapter. (2) Using on a fish or fishery or other marine ingredient product any label that displays any official identification, official device, or official mark, when the label is not currently approved for use by the Director or his/her delegate. (3) Using on a fish or fishery product or other marine ingredient any label that displays the words “USDC Approved Establishment” or “Processed Under Federal Inspection, U.S. Department of Commerce”; any official mark, official device, or official identification; or a facsimile of the foregoing, when such product has not been inspected under the regulations of this subchapter. (4) Making any statement or reference to the U.S. Grade of any product or any inspection service provided under the regulations of this subchapter on the label or in the advertising of any product when such product has not been inspected under the regulations of this subchapter. (5) Making, using, issuing or attempting to issue or use in conjunction with the sale, shipment, transfer or advertisement of a product any certificate of loading, certificate of sampling, inspection certificate, official device, official identification, official mark, official document, or score sheet which has not been issued, approved, or authorized for use with such product by an inspector. (6) Using any of the terms “United States,” “Officially graded,” “Officially inspected,”… | ||||
| 50:50:11.0.1.5.6.1.1.4 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.4 Where inspection service is offered. | NOAA | Inspection services may be furnished where an inspector, cross-licensed inspector, or licensed sampler is available and when the establishment's facilities and conditions are appropriate for the conduct of such service. This location can include, but is not limited to, SIP regional and field offices, warehouses, processing facilities, docks, and vessels, as detailed in the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.5 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.5 Who may obtain inspection service. | NOAA | Any person engaged in the processing, shipping or receiving of fish and fishery products or other marine ingredients in interstate commerce may apply for inspection service. | ||||
| 50:50:11.0.1.5.6.1.1.6 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.6 Application for inspection service. | NOAA | Prospective service participants must submit an application for inspection service per the Application for Inspection Services procedures in the SIP Manual. To be considered for approval, applications for inspection service must be complete and conform to all SIP inspection service requirements as specified in the SIP Manual. | ||||
| 50:50:11.0.1.5.6.1.1.7 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.7 Rejection of application for inspection service. | NOAA | Applicants will be notified if an Application for Inspection Service is rejected. Inspection Service applications may be rejected when: (a) the application is incomplete or in contravention of regulations and/or policy; (b) there is a noncompliance with NOAA financial policy, such as nonpayment for previous inspection services rendered; (c) the fish or fishery product or other marine ingredient is not properly identified; or (d) it appears that the performance of the inspection service would not be in the best interests of the Government. | ||||
| 50:50:11.0.1.5.6.1.1.8 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.8 Withdrawal of an application for inspection service. | NOAA | The applicant may withdraw an Application for Inspection Service at any time before the inspection is performed, provided that the applicant shall pay for all costs and expenses which have been incurred by the inspection service in connection with such application. | ||||
| 50:50:11.0.1.5.6.1.1.9 | 50 | Wildlife and Fisheries | II | G | 260 | PART 260—INSPECTION AND CERTIFICATION | A | Subpart A—Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients | § 260.9 Disposition of inspected samples. | NOAA | Any product sample that has been used for inspection may be returned to the applicant, at its request and expense; otherwise it shall be destroyed or, when appropriate, diverted to a charitable institution. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);