cfr_sections
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356 rows where part_number = 58 and title_number = 7 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 |
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| 7:7:3.1.1.1.5.1.152.1 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.1 Meaning of words. | AMS | [37 FR 22363, Oct. 19, 1972, as amended at 38 FR 4381, Feb. 14, 1973. Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 54 FR 15167, Apr. 17, 1989] | For the purpose of the regulations in this subpart, words in the singular form shall be deemed to import the plural and vice versa, as the case may demand. Unless the context otherwise requires, the following terms shall have the following meaning: Act means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7 U.S.C. 1621-1627) or any other act of Congress conferring like authority. Administrator means the Administrator of the Agricultural Marketing Service or any other officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. Agricultural Marketing Service or AMS means the Agricultural Marketing Service of the Department. Applicant means any interested party who has applied for inspection or grading service. Approved laboratory means a laboratory in which the facilities and equipment used for official testing have been adequate to perform the necessary official tests in accordance with this part. Approved plant means one or more adjacent buildings, or parts thereof, comprising a single plant at one location in which the facilities and methods of operation therein have been surveyed and approved by the Administrator as suitable and adequate for inspection or grading service in accordance with this part. Area Supervisor means any employee of the Branch in charge of dairy inspection or grading service in a designated geographical area. Branch means the Dairy Inspection Branch of the Poultry and Dairy Quality Division. Chief means the Chief of the Branch, or any officer or employee of the Branch to whom authority has been heretofore delegated, or to whom authority may hereafter be delegated, to act in his stead. Class means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind or method of processing. Condition of container means the degree of acceptability… | |||
| 7:7:3.1.1.1.5.1.152.2 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.2 Designation of official certificates, memoranda, marks, identifications, and devices for purpose of the Agricultural Marketing Act. | AMS | Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said Act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified: (a) Official certificate means any form of certification, either written or printed (including that prescribed in § 58.18) used under the regulations in this subpart to certify with respect to the inspection of dairy processing plants and the inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products and packaging material with applicable specifications). (b) Official memorandum means any initial record of findings made by an authorized person in the process of inspecting, grading, determining compliance, or sampling pursuant to the regulations in this subpart, any processing or plant-operation report made by an authorized person in connection with inspecting, grading, determining compliance, or sampling under the regulations in this subpart, and any report made by an authorized person of services performed pursuant to the regulations in this subpart. (c) Official identification or other official marks means any form of identification or mark (including, but not limited to, those in §§ 58.49 through 58.51) approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product certifying the inspection, class, grade, quality, size, quantity, or condition of the products (including the compliance of products with applicable specifications) or to maintain the identity of the product for which service is… | ||||
| 7:7:3.1.1.1.5.1.153.3 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.3 Authority. | AMS | The Administrator shall perform such duties as may be required in the enforcement and administration of the provisions of the Act and this part. | ||||
| 7:7:3.1.1.1.5.1.154.10 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.10 Filing of application. | AMS | An application for inspection or grading service shall be regarded as filed only when made pursuant to this subpart. | ||||
| 7:7:3.1.1.1.5.1.154.11 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.11 Approval of application. | AMS | An application for inspection or grading service may be approved when (a) a qualified inspector or grader is available, (b) facilities and conditions are satisfactory for the conduct of the service, and (c) the product has been manufactured or processed in a plant approved for inspection or grading service in accordance with the provisions of this part and instructions issued thereunder. | ||||
| 7:7:3.1.1.1.5.1.154.12 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.12 When application may be rejected. | AMS | [37 FR 22363, Oct. 19, 1972, as amended at 53 FR 20278, June 3, 1988] | An application for inspection or grading service may be rejected by the Administrator (a) when the applicant fails to meet the requirements of the regulations in this subpart prescribing the conditions under which the service is made available; (b) when the product is owned by, or located on the premises of, a person currently denied the benefits of the Act; (c) when an individual holding office or a responsible position with or having a substantial financial interest or share with the applicant is currently denied the benefits of the Act or was responsible in whole or in part for the current denial of the benefits of the Act to any person; (d) when the application is an attempt on the part of a person currently denied the benefits of the Act to obtain inspection or grading service; (e) when the product was produced from unwholesome raw material or was produced under insanitary or otherwise unsatisfactory conditions; (f) when the product is of illegal composition or is lacking satisfactory keeping quality; (g) when the product has been produced in a plant which has not been surveyed and approved for inspection or grading service; (h) when fees billed are not paid within 30 days; or (i) when there is noncompliance with the Act or this part or instructions issued hereunder. When an application is rejected, the applicant shall be notified in writing by the Area Supervisor or his designated representative, the reason or reasons for the rejection. | |||
| 7:7:3.1.1.1.5.1.154.13 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.13 When application may be withdrawn. | AMS | An application for inspection or grading service may be withdrawn by the applicant at any time before the service is performed upon payment, by the applicant, of all expenses incurred by AMS in connection with such application. | ||||
| 7:7:3.1.1.1.5.1.154.14 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.14 Authority of applicant. | AMS | Proof of the authority of any person applying for any inspection or grading service may be required in the discretion of the Administrator. | ||||
| 7:7:3.1.1.1.5.1.154.15 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.15 Accessibility and condition of product. | AMS | Each lot of product for which inspection or grading service is requested shall be so conditioned and placed as to permit selection of representative samples and proper determination of the class, grade, quality, quantity, or condition of such product. In addition, if sample packages are furnished by the applicant, such samples shall be representative of the lot to be inspected or graded and additional samples shall be made available for verification. The room or area where the service is to be performed shall be clean and sanitary, free from foreign odors, and shall be provided with adequate lighting, ventilation, and temperature control. | ||||
| 7:7:3.1.1.1.5.1.154.16 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.16 Disposition of samples. | AMS | Any sample of product used for inspection or grading may be returned to the applicant at his request and at his expense if such request was made at the time of the application for the service. In the event the aforesaid request was not made at the time of application for the service, the sample of product may be destroyed, disposed of to a charitable organization, or disposed of by any other method prescribed by the Administrator. | ||||
| 7:7:3.1.1.1.5.1.154.17 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.17 Order of service. | AMS | Inspection or grading service shall be performed, insofar as practicable and subject to the availability of qualified inspectors or graders, in the order in which applications are made except that precedence may be given to any application for an appeal inspection or grading. | ||||
| 7:7:3.1.1.1.5.1.154.18 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.18 Inspection or grading certificates, memoranda, or reports. | AMS | Inspection or grading certificates and sampling, plant survey, and other memoranda or reports shall be issued on forms approved by the Administrator. | ||||
| 7:7:3.1.1.1.5.1.154.19 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.19 Issuance of inspection or grading certificates. | AMS | [39 FR 986, Jan. 4, 1974. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] | An inspection or grading certificate shall be issued to cover a product inspected or graded in accordance with Instructions issued by the Administrator and shall be signed by an inspector or grader. This does not preclude an inspector or grader from granting a power of attorney to another person to sign in his stead, if such grant of power of attorney has been approved by the Administrator: Provided, That in all cases any such certificate shall be prepared in accordance with the facts set forth in the official memorandum defined in § 58.2(b): And provided further, that whenever a certificate is signed by a person under a power of attorney the certificate should so indicate. The signature of the holder of the power shall appear in conjunction with the name of the grader or inspector who personally graded or inspected the product. | |||
| 7:7:3.1.1.1.5.1.154.20 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.20 Disposition of inspection or grading certificates or reports. | AMS | The original of any inspection or grading certificate or report issued pursuant to § 58.19, and not to exceed four copies thereof, shall immediately upon issuance be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the inspection and grading office serving the area in which the service was performed and all other copies shall be filed in such manner as the Administrator may approve. Additional copies of any such certificate or report may be supplied to any interested party as provided in § 58.41. | ||||
| 7:7:3.1.1.1.5.1.154.21 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.21 Advance information. | AMS | Upon request of an applicant, all or part of the contents of any inspection or grading certificate or report issued to such applicant may be telephoned or telegraphed to him, or to any person designed by him, at applicant's expense. | ||||
| 7:7:3.1.1.1.5.1.154.4 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.4 Basis of service. | AMS | [39 FR 986, Jan. 4, 1974. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] | Inspection or grading service shall be performed in accordance with the provisions of this part, the instructions and procedures issued or approved by the Administrator, U.S. standards for grades, Federal specifications, and specifications as defined in a specific purchase contract. All services provided in accordance with these regulations shall be rendered without discrimination on the basis of race, color, creed, or national origin. | |||
| 7:7:3.1.1.1.5.1.154.5 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.5 Where service is offered. | AMS | Subject to the provisions of this part, inspection or grading service may be performed when a qualified inspector or grader is available, and when the facilities and conditions are satisfactory for the conduct of the service. | ||||
| 7:7:3.1.1.1.5.1.154.6 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.6 Supervision of service. | AMS | All inspection or grading service shall be subject to supervision by a supervisory inspector or grader, Area Supervisor, or by the Chief, or such other person of the Branch as may be designated by the Chief. Whenever there is evidence that inspection or grading service has been incorrectly performed, a supervisor shall immediately make a reinspection or regrading, and he shall supersede the previous inspection or grading certificate or report with a new certificate or report showing the corrected information. | ||||
| 7:7:3.1.1.1.5.1.154.7 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.7 Who may obtain service. | AMS | An application for inspection or grading service may be made by any interested person, including, but not limited to, the United States, any State, county, municipality, or common carrier, or any authorized agent of the foregoing. | ||||
| 7:7:3.1.1.1.5.1.154.8 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.8 How to make application. | AMS | (a) On a fee basis. An application for inspection or grading service may be made in any inspection or grading office or with any inspector or grader. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If made orally, written confirmation may be required. (b) On a continuous basis. Application for inspection or grading service on a continuous basis as provided in § 58.45 shall be made in writing on application forms as approved by the Administrator and filed with the Administrator. | ||||
| 7:7:3.1.1.1.5.1.154.9 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.9 Form of application. | AMS | Each application for inspection or grading service shall include such information as may be required by the Administrator in regard to the type of service; kind of products and place of manufacture, processing, or packaging: and location where service is desired. | ||||
| 7:7:3.1.1.1.5.1.155.22 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.22 When appeal inspection or grading may be requested. | AMS | (a) An application for an appeal inspection or grading may be made by any interested party who is dissatisfied with any determination stated in any inspection or grading certificate or report if the identity of the samples or the product has not been lost; or the conditions under which inspection service was performed have not changed. Such application for appeal inspection or grading shall be made within 2 days following the day on which the service was performed. Upon approval by the Administrator, the time within which an application for an appeal grading may be made may be extended. (b) An appeal inspection shall be limited to a review of the sampling procedure and in analysis of the official sample used, when, as a result of the original inspection, the commodity was found to be contaminated with filthy, putrid, and decomposed material. If it is determined that the sampling procedures were improper, a new sample shall be obtained. | ||||
| 7:7:3.1.1.1.5.1.155.23 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.23 How to obtain appeal inspection or grading. | AMS | Appeal inspection or grading may be obtained by filing a request therefore, (a) with the Administrator, (b) with the inspector or grader who issued the inspection or grading certificate or report with respect to which the appeal service is requested, or (c) with the supervisor of such inspector or grader. The application for appeal inspection or grading shall state the reasons therefore, and may be accompanied by a copy of the aforesaid inspection or grading certificate or report or any other information the applicant may have secured regarding the product or the service from which the appeal is requested. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If made orally, written confirmation may be required. | ||||
| 7:7:3.1.1.1.5.1.155.24 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.24 Record of filing time. | AMS | A record showing the date and hour when each such application for appeal inspection or grading is received shall be maintained in such manner as the Administrator may prescribe. | ||||
| 7:7:3.1.1.1.5.1.155.25 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.25 When an application for appeal inspection or grading may be refused. | AMS | The Administrator may refuse an application for an appeal inspection or grading when (a) the quality or condition of the products has undergone a material change since the time of original service, (b) the identical products inspected or graded cannot be made accessible for reinspection or regrading, (c) the conditions under which inspection service was performed have changed, (d) it appears that the reasons for an appeal inspection or grading are frivolous or not substantial, or (e) the Act or this part have not been complied with. The applicant shall be promptly notified of the reason for such refusal. | ||||
| 7:7:3.1.1.1.5.1.155.26 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.26 When an application for an appeal inspection or grading may be withdrawn. | AMS | An application for appeal inspection or grading may be withdrawn by the applicant at any time before the appeal inspection or grading is made upon payment, by the applicant, of all expenses incurred by AMS in connection with such application. | ||||
| 7:7:3.1.1.1.5.1.155.27 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.27 Order in which appeal inspections or gradings are performed. | AMS | Appeal inspections or gradings shall be performed, insofar as practicable, in the order in which applications therefor are received; and any such application may be given precedence pursuant to § 58.17. | ||||
| 7:7:3.1.1.1.5.1.155.28 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.28 Who shall make appeal inspections or gradings. | AMS | An appeal inspection or grading of any product or service shall be made by any inspector or grader (other than the one from whose service the appeal is made) designated for this purpose by the Administrator; and, whenever practical, such appeal inspection or grading shall be conducted jointly by two such inspectors or graders. | ||||
| 7:7:3.1.1.1.5.1.155.29 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.29 Appeal inspection or grading certificate or report. | AMS | Immediately after an appeal inspection or grading has been completed, an appeal inspection or grading certificate or report shall be issued showing the results of the inspection or grading. Such certificate or report shall thereupon supersede the previous certificate or report and will be effective retroactive to the date of the previous certificate or report. Each appeal certificate or report shall clearly set forth the number and the date of the previous certificate or report which it supersedes. The provisions of §§ 58.18 through 58.21 shall, whenever applicable, also apply to appeal certificates or reports except that copies shall be furnished each interested party of record. | ||||
| 7:7:3.1.1.1.5.1.155.30 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.30 Application for reinspection or regrading. | AMS | An application for the reinspection or regrading of any previously inspected or graded product may be made at any time by any interested party; and such application shall clearly indicate the reasons for requesting the reinspection or regrading. The provisions of the regulations in this subpart relative to inspection or grading service shall apply to reinspection or regrading service. | ||||
| 7:7:3.1.1.1.5.1.155.31 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.31 Reinspection or regrading certificate or report. | AMS | Immediately after a reinspection or regrading has been completed, a reinspection or a regrading certificate or report shall be issued showing the results of such reinspection or regrading; and such certificate or report shall thereupon supersede, as of the time of issuance, the inspection or grading certificate or report previously issued. Each reinspection or regrading certificate or report shall clearly set forth the number and date of the inspection or grading certificate or report that it supersedes. The provisions of §§ 58.18 through 58.21 shall, whenever applicable, also apply to reinspection or regrading certificates or reports except that copies shall be furnished each interested party of record. | ||||
| 7:7:3.1.1.1.5.1.155.32 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.32 Superseded certificates or reports. | AMS | When any inspection or grading certificate or report is superseded in accordance with this part, such certificate or report shall become null and void and, after the effective time of the supersedure, shall no longer represent the class, grade, quality, quantity, or condition described therein. If the original and all copies of such superseded certificate or report are not returned to the inspector or grader issuing the reinspection or regrading or appeal inspection or grading certificate or report, the inspector or grader shall notify such persons as he considers necessary to prevent fraudulent use of the superseded certificate or report. | ||||
| 7:7:3.1.1.1.5.1.156.33 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.33 Who may be licensed. | AMS | [53 FR 20278, June 3, 1988] | Any person processing proper qualifications, as determined by an examination for competency, held at such time and in such manner as may be prescribed by the Administrator, may be licensed to perform specified inspection or grading service. Each license issued shall be signed by the Administrator. | |||
| 7:7:3.1.1.1.5.1.156.34 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.34 Suspension or revocation of license. | AMS | For good cause and in instances of willful wrongdoing, the Administrator may suspend any license issued under the regulations in this subpart by giving notice of such suspension to the respective individual involved, accompanied by a statement of reasons therefor. Within 10 days after receipt of the aforesaid notice and statement of reasons by such individual, he may file an appeal in writing with the Administrator supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. In conjunction therewith, he may request and, in such event, shall be accorded an oral hearing. After consideration of such argument and evidence, the Administrator will take such action as warranted with respect to such suspension or revocation. When no appeal is filed within the prescribed 10 days, the license is revoked. | ||||
| 7:7:3.1.1.1.5.1.156.35 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.35 Surrender of license. | AMS | Each license which is suspended or revoked shall be surrendered promptly by the licensee to his supervisor. Upon termination of the services of a licensee, the license shall be surrendered promptly by the licensee to his supervisor. | ||||
| 7:7:3.1.1.1.5.1.156.36 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.36 Identification. | AMS | Each licensee shall have his license card in his possession at all times while performing any function under the regulations in this subpart and shall identify himself by such card upon request. | ||||
| 7:7:3.1.1.1.5.1.156.37 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.37 Financial interest of licensees. | AMS | No licensee shall render service on any product in which he is financially interested. | ||||
| 7:7:3.1.1.1.5.1.157.38 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.38 Payment of fees and charges. | AMS | (a) Fees and charges for any inspection or grading service shall be paid by the interested party, making the application for such service, in accordance with the applicable provisions of this section and §§ 58.39 through 58.46 and, if so required by the inspector or grader, such fees and charges shall be paid in advance. (b) Fees and charges for any inspection or grading service performed by any inspector or grader who is a salaried employee of the Department shall, unless otherwise required pursuant to paragraph (c) of this section, be paid by the interested party making application for such inspection or grading service by check, draft, or money order payable to the Agricultural Marketing Service and remitted promptly to the office indicated on the bill. (c) Fees and charges for any inspection or grading service under a cooperative agreement with any State or person shall be paid in accordance with the terms of the cooperative agreement by the interested party making application for the service. | ||||
| 7:7:3.1.1.1.5.1.157.39 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.39 Fees for holiday or other nonworktime. | AMS | [79 FR 67323, Nov. 13, 2014] | If an applicant requests that inspection or grading service be performed on a holiday, Saturday, or Sunday or in excess of each 8-hour shift Monday through Friday, the applicant shall be charged for such service at a rate determined using the formulas in § 58.43. | |||
| 7:7:3.1.1.1.5.1.157.40 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.40 Fees for appeal inspection or grading. | AMS | The fees to be charged for any appeal inspection or grading shall be double the fees specified on the inspection or grading certificate from which the appeal is taken: Provided, That the fee for any appeal grading requested by any agency of the U.S. Government shall be the same as set forth in the certificate from which the appeal is taken. If the result of any appeal inspection or grading discloses that a material error was made in the inspection or grading appealed from, no fee shall be required. | ||||
| 7:7:3.1.1.1.5.1.157.41 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.41 Fees for additional copies of certificates. | AMS | [54 FR 15167, Apr. 17, 1989] | Additional copies of any inspection or grading certificates (including takeoff certificates), other than those provided for in § 58.20 may be supplied to any interested party upon payment of a fee based on time required to prepare such copies at the hourly rate specified in § 58.43. | |||
| 7:7:3.1.1.1.5.1.157.42 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.42 Travel expenses and other charges. | AMS | [53 FR 20278, June 3, 1988] | Charges shall be made to cover the cost of travel and other expenses incurred by AMS in connection with the performance of any inspection or grading service. | |||
| 7:7:3.1.1.1.5.1.157.43 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.43 Fees for inspection, grading, sampling, and certification. | AMS | [79 FR 67323, Nov. 13, 2014] | (a) Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on a fee basis shall be based on the applicable formulas specified in this section. For each calendar year, AMS will calculate the rate for grading, certification, or inspection services, per hour per program employee using the following formulas: (1) Regular rate. The total AMS grading, certification, or 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. (2) Overtime rate. The total AMS grading, certification, or 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, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service. (3) Holiday rate. The total AMS grading, certification, or 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 2, plus benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service. (b) For each calendar year, based on previous fiscal year/historical actual costs, AMS will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime and holiday rates as follows: (1) Benefits rate. The total AMS grading, certification, or inspection program direct benefits costs divided by the total hours (regular, overtime, and holiday) worked, which is then multiplied by the next calendar year's percentage cost of living in… | |||
| 7:7:3.1.1.1.5.1.157.44 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.45 Fees for continuous resident services. | AMS | [79 FR 67323, Nov. 13, 2014] | Charges for the inspector(s) and grader(s) assigned to a continuous resident program shall be calculated using the formulas in § 58.43. | |||
| 7:7:3.1.1.1.5.1.157.45 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.46 Fees for service performed under cooperative agreement. | AMS | The fees to be charged and collected for any service performed under cooperative agreement shall be those provided for by such agreement. | ||||
| 7:7:3.1.1.1.5.1.158.46 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.49 Authority to use official identification. | AMS | Whenever the Administrator determines that the granting of authority to any person to package any product, inspected or graded pursuant to this part, and to use official identification, pursuant to §§ 58.49 through 58.57, will not be inconsistent with the Act and this part, he may authorize such use of official identification. Any application for such authority shall be submitted to the Administrator in such form as he may require. | ||||
| 7:7:3.1.1.1.5.1.158.47 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.50 Approval and form of official identification. | AMS | [37 FR 22363, Oct. 19, 1972, as amended at 39 FR 987, Jan. 4, 1974. Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] | (a) Any package label or packaging material which bears any official identification shall be used only in such manner as the Administrator may prescribe, and such official identification shall be of such form and contain such information as the Administrator may require. No label or packaging material bearing official identification shall be used unless finished copies or samples thereof have been approved by the Administrator. (b) Inspection or grade mark permitted to be used to officially identify packages containing dairy products which are inspected or graded pursuant to this part shall be contained in a shield in the form and design indicated in Figures 1, 2, and 3 of this section or such other form, design, or wording as may be approved by the Administrator. The official identification illustrated in Figure 1 is designed for use on graded product packed under USDA inspection. Figure 2 is designed for graded product processed and packed under USDA inspection. Figure 3 is designated for inspected product (when U.S. standards for grades are not established) processed and packed under USDA quality control service. The official identification shall be printed on the package label, on the carton or on the wrapper and, preferably, on one of the main panels of the carton or wrapper. The shield identification shall be not less than 3/4 inch by 3/4 inch in size, and preferably 1 inch by 1 inch on 1-pound cartons or wrappers. Consideration will be given by the Administrator of a smaller shield on special packages where the size of the label does not permit use of the 3/4 inch by 3/4 inch shield. (c) Official identification under this subpart shall be limited to U.S. Grade B or higher or to an equivalent standard of quality for U.S. name grades or numerical score grades when U.S. standards for grades of a product have not been established. (d) A sketch, proof, or photocopy of each proposed label or packaging material bearing official identification shall be submitted to the Chief of the Dairy Inspection… | |||
| 7:7:3.1.1.1.5.1.158.48 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.51 Information required on official identification. | AMS | Each official identification shall conspicuously indicate the U.S. grade of the product it identifies, if there be a grade, or such other appropriate terminology as may be approved by the Administrator. Also, it shall include the appropriate phrase: “Officially graded,” “Officially Inspected,” or “Federal-State graded.” When required by the Administrator, the package label, carton, or wrapper bearing official identification for dairy products shall be stamped or perforated with the date packed and the certificate number or a code number to indicate lot and date packed. Such coding shall be made available to and approved by the Administrator. | ||||
| 7:7:3.1.1.1.5.1.158.49 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.52 Time limit for packaging inspected or graded products with official identification. | AMS | Any lot of butter which is graded for packaging with official grade identification shall be packaged within 10 days immediately following the date of grading, and any lot of natural cheese or dry milk shall be packaged within 30 days immediately following date of grading provided the product is properly stored during the 10- or 30-day period. Time limit for packaging other inspected or graded products shall be as approved by the Administrator. If inspected or graded product is moved to another location, a reinspection or regrading shall be required. | ||||
| 7:7:3.1.1.1.5.1.159.50 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.53 Supervisor of packaging required. | AMS | The official identification of any inspected or graded product, as provided in §§ 58.50 through 58.52, this section, and §§ 58.54 through 58.57, shall be done only under the supervision of a supervisor of packaging. The authority to use official identification may be granted by the Administrator only to applicants who utilize the services of a supervisor of packaging in accordance with this subpart. The supervisor of packaging shall have jurisdiction over the use and handling of all packaging material bearing any official identification. | ||||
| 7:7:3.1.1.1.5.1.159.51 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.54 Packing and packaging room and equipment. | AMS | Each applicant who is granted authority to package any product with official identification and who operates, for such purpose, a packaging room shall maintain the room and the equipment therein in accordance with this part. | ||||
| 7:7:3.1.1.1.5.1.159.52 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.55 Facilities for keeping quality samples. | AMS | Each applicant granted authority, as aforesaid, to package product with official identification shall provide and maintain suitable equipment for the purpose of incubating samples of product. | ||||
| 7:7:3.1.1.1.5.1.159.53 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.56 Incubation of product samples. | AMS | (a) Samples of product may be taken from any lot of product which is submitted for inspection or grading and packaging with official identification, or sample may be taken after packaging for the purpose of determining in accordance with provisions of this part if such product possesses satisfactory keeping quality. (b) Samples of product may be taken for keeping quality tests in accordance with provisions of this part from any lot of product submitted for inspection or grading. Issuance of the inspection or grading certificate may be withheld pending completion of the tests. | ||||
| 7:7:3.1.1.1.5.1.159.54 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.57 Product not eligible for packaging with official identification. | AMS | (a) When a lot of inspected or graded product shows unsatisfactory keeping quality, other lots from the same manufacturing plant shall not be packaged with official identification. Packaging with official identification may be resumed only when it is determined that product from such plant possesses satisfactory keeping quality. (b) Any manufacturing or processing plant supplying product, directly or indirectly, for packaging with official identification shall be surveyed and approved for inspection or grading service. | ||||
| 7:7:3.1.1.1.5.1.160.55 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.58 Debarment of service. | AMS | [37 FR 22363, Oct. 19, 1972. Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] | (a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. The rules of practice governing withdrawal of inspection and grading services in formal adjudicatory proceedings instituted by the Secretary (7 CFR, part 1, subpart H) shall be applicable to such debarment action. (1) Fraud or misrepresentation. Any willful misrepresentation or deceptive or fraudulent practice or act found to be made or committed by any person in connection with: (i) The making or filing of any application for any inspection or grading service, appeal reinspection, or regrading service; (ii) The making of the product accessible for inspection or grading service; (iii) The making, issuing, or using or attempting to issue or use any inspection or grading certificate issued pursuant to the regulations in this subpart or the use of any official stamp, label, or identification; (iv) The use of the terms “United States,” “U.S.,” “Officially graded,” “Officially Inspected,” “Federal-State graded,” or “Government graded,” or terms of similar import in the labeling or advertising of any product without stating in conjunction therewith the official U.S. grade of the product; or (v) The use of any of the aforesaid terms or an official stamp, label, or identification in the labeling or advertising of any product that has not been inspected or graded pursuant to this part. (2) Use of facsimile form. Using or attempting to use a form which simulates in whole or in part any official identification for the purpose of purporting to evidence the U.S. grade of any product; or the unauthorized use of a facsimile form which simulates in whole or in part any official inspection or grading certificate, stamp, label, or other official inspection mark; and (3) Mislabeling. The use of any words, numerals, letters, or facsimile fo… | |||
| 7:7:3.1.1.1.5.1.161.56 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.61 Political activity. | AMS | All inspectors or graders are forbidden during the period of their respective appointments or licenses to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Willful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees. | ||||
| 7:7:3.1.1.1.5.1.161.57 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.62 Report of violations. | AMS | Each inspector, grader, and supervisor of packaging shall report, in the manner prescribed by the Administrator, all violations and noncompliances under the Act and this part of which such inspector, grader, or supervisor of packaging has knowledge. | ||||
| 7:7:3.1.1.1.5.1.161.58 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.63 Other applicable regulations. | AMS | Compliance with the provisions in this part shall not excuse failure to comply with any other Federal, or any State, or municipal applicable laws or regulations. | ||||
| 7:7:3.1.1.1.5.1.161.59 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | A | Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products | § 58.64 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | AMS | [49 FR 6881, Feb. 24, 1984] | The following control number has been assigned to the information collection requirements in 7 CFR part 58, subpart A, by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Pub. L. 96-511. | |||
| 7:7:3.1.1.1.5.2.162.1 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.100 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | AMS | [49 FR 6881, Feb. 24, 1984, as amended at 61 FR 67448, Dec. 23, 1996] | The following control number has been assigned to the information collection requirements in 7 CFR part 58, subpart B, by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Pub. L. 96-511. | |||
| 7:7:3.1.1.1.5.2.162.2 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.101 Meaning of words. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 50 FR 34672, Aug. 27, 1985; 58 FR 42413, Aug. 9, 1993; 59 FR 24321, May 10, 1994; 59 FR 50121, Sept. 30, 1994; 67 FR 48974, July 29, 2002] | For the purpose of the regulations of this subpart, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand. Unless the context otherwise requires, the following terms shall have the following meaning: (a) Act. The applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; (7 U.S.C. 1621-1627)), or any other Act of Congress conferring like authority. (b) Administrator. The Administrator of the Agricultural Marketing Service or any other officer or employee of the Agricultural Marketing Service of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead. (c) Approved laboratory. A laboratory in which the facilities and equipment used for official testing have been approved by the Administrator as being adequate to perform the necessary official tests in accordance with this part, and operates under a USDA surveillance program as set forth by the Administrator. (d) Approved plant. One or more adjacent buildings, or parts thereof, comprising a single plant at one location in which the facilities and methods of operation therein have been surveyed and approved by the Administrator as suitable and adequate for inspection or grading service in accordance with the following: (1) Shall satisfactorily meet the specifications of this subpart as determined by the Administrator. (2) Receive dairy products only from plants, transfer stations, receiving stations and cream buying stations which satisfactorily comply with the applicable requirements of this subpart as determined by the Administrator. (Occasional shipments may be received from nonapproved plants provided the product is tested and meets the quality requirements for No. 2 milk.) (e) Sanitizing treatment. Subjection of a clean product contact surface to steam, hot water, hot air, or an acceptable sanitizing solution for the destruction of most human pathogens and other vegetative microorgani… | |||
| 7:7:3.1.1.1.5.2.163.3 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.122 Approved plants under USDA inspection and grading service. | AMS | (a) Adoption of certain sound practices at dairy plants will significantly aid the operators to manufacture more consistently, uniform high-quality stable dairy products. Only dairy products manufactured, processed and packaged in an approved plant may be graded or inspected and identified with official identification. The specifications established herein provide the basis for a quality maintenance program which may be effectively carried forward through official inspection, grading, and quality control service. (b) USDA inspection and grading service is provided to dairy product manufacturing plants on a voluntary basis. The operator of any dairy plant desiring to have such a plant qualified as an approved plant under USDA inspection and grading service may request surveys of such plant, premises, equipment, facilities, methods of operation, and raw material to determine whether they are adequate to permit inspection and grading service. The cost of this survey shall be borne by the applicant. | ||||
| 7:7:3.1.1.1.5.2.164.4 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.123 Survey and approval. | AMS | Prior to the approval of a plant, a designated representative of the Administrator shall make a survey of the plant, premises, storage facilities, equipment and raw material, volume of raw material processed daily, and facilities for handling the products at the plant. The survey shall be made at least twice a year to determine whether the facilities, equipment, method of operation, and raw material being received are adequate and suitable for USDA inspection and grading service in accordance with the provisions of this part. To be eligible for approval a plant shall satisfactorily meet the specifications of this subpart as determined by the Administrator. | ||||
| 7:7:3.1.1.1.5.2.164.5 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.124 Denial or suspension of plant approval. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 FR 48974, July 29, 2002] | Plant approval may be denied or suspended if a determination is made by a designated representative of the Administrator that the plant is not performing satisfactorily in regard to; (a) The classification of milk, (b) Proper segregation and disposal of unwholesome raw materials or finished product, (c) Adequate facilities and condition of processing equipment, (d) Sanitary conditions of plant and equipment, (e) Control of insects, rodents and other vermin, (f) Use of non-toxic product contact surfaces and prevention of adulteration of raw materials and products with chemicals or other foreign material, (g) Proper operating procedures, (h) The maintenance of legal composition of finished products, (i) The manufacture of stable dairy products, of desirable keeping quality characteristics, (j) Proper storage conditions for ingredients and dairy products, or (k) Suitable and effective packaging methods and material. | |||
| 7:7:3.1.1.1.5.2.165.6 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.125 Premises. | AMS | (a) The premises shall be kept in a clean and orderly condition, and shall be free from strong or foul odors, smoke, or excessive air pollution. Construction and maintenance of driveways and adjacent plant traffic areas should be of cement, asphalt, or similar material to keep dust and mud to a minimum. (b) Surroundings. The immediate surroundings shall be free from refuse, rubbish, overgrown vegetation, and waste materials to prevent harborage of rodents, insects and other vermin. (c) Drainage. A suitable drainage system shall be provided which will allow rapid drainage of all water from plant buildings and driveways, including surface water around the plant and on the premises, and all such water shall be disposed of in such a manner as to prevent an environmental or health hazard. | ||||
| 7:7:3.1.1.1.5.2.165.7 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.126 Buildings. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 58 FR 42413, Aug. 9, 1993; 59 FR 24321, May 10, 1994; 59 FR 50121, Sept. 30, 1994; 67 FR 48974, July 29, 2002] | The building or buildings shall be of sound construction and shall be kept in good repair to prevent the entrance or harboring of rodents, birds, insects, vermin, dogs, and cats. All service pipe openings through outside walls shall be effectively sealed around the opening or provided with tight metal collars. (a) Outside doors, windows, openings, etc. All openings to the outer air including doors, windows, skylights and transoms shall be effectively protected or screened against the entrance of flies and other insects, rodents, birds, dust and dirt. All outside doors opening into processing rooms shall be in good condition and fit propperly. All hinged, outside screen doors shall open outward. All doors and windows should be kept clean and in good repair. Outside conveyor openings and other special-type outside openings shall be effectively protected to prevent the entrance of flies and rodents, by the use of doors, screens, flaps, fans or tunnels. Outside openings for sanitary pipelines shall be covered when not in use. On new construction window sills should be slanted downward at approximately a 45° angle. (b) Walls, ceilings, partitions and posts. The walls, ceilings, partitions, and posts of rooms in which milk, or dairy products are processed, manufactured, handled, packaged or stored (except dry storage of packaged finished products and supplies) or in which utensils are washed and stored, shall be smoothly finished with a suitable material of light color, which is substantially impervious to moisture and kept clean. They shall be refinished as often as necessary to maintain a neat, clean surface. For easier cleaning new construction should have rounded cove at the juncture of the wall and floor in all receiving, pasteurizing, manufacturing, packaging and storage rooms. (c) Floors. The floors of all rooms in which milk, or dairy products are processed, manufactured, packaged or stored or in which utensils are washed shall be constructed of tile properly laid with impervious joint material, concre… | |||
| 7:7:3.1.1.1.5.2.165.8 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.127 Facilities. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 FR 48974, July 29, 2002] | (a) Water supply. There shall be an ample supply of both hot and cold water of safe and sanitary quality, with adequate facilities for its proper distribution throughout the plant, and protected against contamination. Water from other facilities, when officially approved, may be used for boiler feed water and condenser water provided that such water lines are completely separated from the water lines carrying the sanitary water supply, and the equipment is so constructed and controlled as to preclude contamination of product contact surfaces. There shall be no cross connection between potable water lines and non-potable water lines or between public and private water supplies. Bacteriological examinations shall be made of the plant's sanitary water supply taken at the plant at least twice a year, or as often as necessary to determine safety and suitability as related to product keeping quality for use in manufactured products shall be made by a USDA or State agency laboratory except for supplies that are regularly tested for purity and bacteriological quality, and approved by the local health officer. The results of all water tests shall be kept on file at the plant for which the test was performed. The location, construction, and operation of any well shall comply with regulations of the appropriate agency. (b) Drinking-water facilities. Drinking-water facilities of a sanitary type shall be provided in the plant and should be conveniently located. (c) Hand-washing facilities. Convenient hand-washing facilities shall be provided, including hot and cold running water, soap or other detergents, and sanitary single service towels or air driers. Such accommodations shall be located in or adjacent to toilet and dressing rooms and also at such other places in the plant as may be essential to the cleanliness of all personnel handling products. Vats for washing equipment or utensils shall not be used as hand-washing facilities. Containers shall be provided for used towels and other wastes. The containers may be… | |||
| 7:7:3.1.1.1.5.2.165.9 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.128 Equipment and utensils. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 FR 48974, July 29, 2002] | (a) General construction, repair and installation. The equipment and utensils used for the processing of milk and manufacture of dairy products shall be constructed to be readily demountable where necessary for cleaning and sanitizing. The product contact surfaces of all utensils and equipment such as holding tanks, pasteurizers, coolers, vats, agitators, pumps, sanitary piping and fittings or any specialized equipment shall be constructed of stainless steel, or other materials which under conditions of intended use are as equally corrosion resistant. Non-metallic parts other than glass having product contact surfaces shall comply with 3-A Sanitary Standards for Plastic or Rubber and Rubber-Like Materials. Equipment and utensils used for cleaning shall be in an acceptable condition, such as not rusty, pitted or corroded. All equipment and piping shall be designed and installed so as to be easily accessible for cleaning, and shall be kept in good repair, free from cracks and corroded surfaces. New or rearranged equipment, shall be set away from any wall or spaced in such a manner as to facilitate proper cleaning and to maintain good housekeeping. All parts or interior surfaces of equipment, pipes (except certain piping cleaned-in-place) or fittings, including valves and connections shall be accessible for inspection. Milk and dairy product pumps shall be of a sanitary type and easily dismantled for cleaning or shall be of specially approved construction to allow effective cleaning in place. All C.I.P. systems shall comply with the 3-A Accepted Practices for Permanently Installed Sanitary Product, Pipelines and Cleaning Systems. (b) Weigh cans and receiving tanks. Weigh cans and receiving tanks shall comply with the 3-A Sanitary Standards for Weigh Cans and Receiving Tanks for Raw Milk and shall be easily accessible for cleaning both inside and outside and shall be elevated above the floor and protected sufficiently with the necessary covers or baffles to prevent contamination from splash, condensate and dri… | |||
| 7:7:3.1.1.1.5.2.166.10 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.129 Cleanliness. | AMS | All employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking or otherwise soiling their hands. They shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form shall be prohibited in each room and compartment where any milk, dairy products, or supplies are prepared, stored or otherwise handled. Clean white or light-colored washable or disposable outer garments and caps (paper caps, hard hats, or hair nets acceptable) shall be worn to adequately protect the hair and beards when grown by all persons engaged in receiving, testing, processing milk, manufacturing, packaging or handling dairy products. | ||||
| 7:7:3.1.1.1.5.2.166.11 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.130 Health. | AMS | No person afflicted with a communicable disease shall be permitted in any room or compartment where milk and dairy products are prepared, manufactured or otherwise handled. No person who has a discharging or infected wound, sore or lesion on hands, arms or other exposed portion of the body shall work in any dairy processing rooms or in any capacity resulting in contact with milk, or dairy products. Each employee whose work brings him in contact with the processing or handling of dairy products, containers or equipment should have a medical and physical examination by a registered physician or by the local department of health at the time of employment. An employee returning to work following illness from a communicable disease shall have a certificate from the attending physician to establish proof of complete recovery. | ||||
| 7:7:3.1.1.1.5.2.167.12 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.131 Equipment and facilities. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 FR 48975, July 29, 2002] | (a)(1) Milk cans. Cans used in transporting milk from dairy farm to plant shall be of such construction (preferably seamless with umbrella lids) as to be easily cleaned, and shall be inspected, repaired, and replaced as necessary to exclude substantially the use of cans and lids with open seams, cracks, rust, milkstone, or any unsanitary condition. Adequate provisions should be made so that milk in cans will be cooled immediately after milking to 50 °F. or lower unless delivered to the plant within two hours after milking. (2) Farm bulk tanks. Farm bulk tanks shall comply with 3-A Sanitary Standards for Farm Cooling and Holding Tanks or 3-A Sanitary Standards for Farm Milk Storage Tanks, as applicable. They shall be installed in a milk house in accordance with the requirements of the regulatory agency in jurisdiction. The bulk cooling tanks shall be designed and equipped with refrigeration to permit the cooling of the milk to 40 °F. or lower within two hours after milking, and maintain it at 45 °F. or below until picked up. (b)(1) Receiving stations. Receiving stations shall comply with the applicable sections of this subpart covering premises, buildings, facilities, equipment, utensils, personnel, cleanliness and health. (2) Transfer stations. Transfer stations shall comply with the applicable sections of this subpart covering premises, floors, lighting, water supply, hand-washing facilities, disposal of wastes, general construction, repair and installation of equipment, piping and utensils and personnel—cleanliness and health. As climatic and operating conditions require the transfer station shall comply with the applicable sections for walls, ceilings, doors and windows. (3) Cream stations. Cream stations shall provide adequate protection and facilities for the handling, transferring and cooling of farm separated cream. The area shall be large enough to avoid undue crowding with a normal volume of business and shall be separated from other areas and the outside by self closing, tight fitting door… | |||
| 7:7:3.1.1.1.5.2.168.13 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.132 Basis for classification. | AMS | [58 FR 26912, May 6, 1993] | The quality classification of raw milk for manufacturing purposes from each producer shall be based on an organoleptic examination for appearance and odor, a drug residue test, and quality control tests for sediment content, bacterial estimate and somatic cell count. All milk received from producers shall not exceed the Food and Drug Administration's established limits for pesticide, herbicide and drug residues. Producers shall be promptly notified of any shipment or portion thereof of their milk that fails to meet any of these quality specifications. | |||
| 7:7:3.1.1.1.5.2.168.14 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.133 Methods for quality and wholesomeness determination. | AMS | [50 FR 34672, Aug. 27, 1985, as amended at 58 FR 26912, May 6, 1993; 67 FR 48975, July 29, 2002; 77 FR 31720, May 30, 2012] | (a) Appearance and odor. The appearance of acceptable raw milk shall be normal and free of excessive coarse sediment when examined visually or by an acceptable test procedure. The milk shall not show any abnormal condition (including, but not limited to, curdled, ropy, bloody or mastitic condition), as indicated by sight or other test procedures. The odor shall be fresh and sweet. The milk shall be free from objectionable feed and other off-odors that adversely affect the finished product. (b) Somatic cell count. (1) A laboratory examination to determine the level of somatic cells shall be made at least four times in each 6-month period at irregular intervals on milk received from each patron. (2) A screening test may be conducted on goat herd milk. When a goat herd screening sample test exceeds either of the following results, a confirmatory test identified in paragraph (b)(3) of this section shall be conducted. (3) Milk shall be tested for somatic cell content by using one of the following procedures or by any other method approved by Standard Methods for the Examination of Dairy Products (confirmatory test for somatic cells in goat milk): (i) Direct Microscopic Somatic Cell Count (Single Strip Procedure). Pyronin Y-methyl green stain or “New York” modification shall be used as the confirmatory test for goat's milk. (ii) Electronic Somatic Cell Count (particle counter). (iii) Electronic Somatic Cell Count (fluorescent dye). (4) The somatic cell test identified in paragraph (b)(3) of this section shall be considered as the official results. (5) Whenever the official test indicates the presence of more than 750,000 somatic cells per ml. (1,500,000 per ml. for goat milk), the following procedures shall be applied: (i) The producer shall be notified with a warning of the excessive somatic cell count. (ii) Whenever two out of the last four consecutive somatic cell counts exceed 750,000 per ml. (1,500,000 per ml. for goat milk), the appropriate State regulatory authority shall be notified and a written … | |||
| 7:7:3.1.1.1.5.2.168.15 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.134 Sediment content for milk in cans. | AMS | [40 FR 47911, Oct. 10, 1975, Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 50 FR 34673, Aug. 27, 1985; 67 FR 48975, July 29, 2002; 77 FR 31720, May 30, 2012] | (a) Method of testing. Methods for determining the sediment content of the milk of individual producers shall be those described in the latest edition of Standard Methods for the Examination of Dairy Products. Sediment content shall be based on comparison with applicable charts of the United States Sediment Standards for Milk and Milk Products, available from USDA, AMS, Dairy Programs, Dairy Standardization Branch. (b) Sediment content classification. Milk in cans shall be classified for sediment content, regardless of the results of the appearance and odor examination required in § 58.133(a), as follows: No. 1 (acceptable)—not to exceed 0.50 mg. or equivalent. No. 2 (acceptable)—not to exceed 1.50 mg. or equivalent. No. 3 (probational, not over 10 days)—not to exceed 2.50 mg. or equivalent. No. 4 (reject)—over 2.50 mg. or equivalent. (c) Frequency of tests. At least once each month, at irregular intervals, one or more cans of milk selected at random from each producer shall be tested. (d) Acceptance or rejection of milk. If the sediment disc is classified as No. 1, No. 2, or No. 3, the producer's milk may be accepted. If the sediment disc is classified No. 4 the milk shall be rejected: Provided that, If the shipment of milk is commingled with other milk in a transport tank the next shipment shall not be accepted until its quality has been determined before being picked up; however, if the person making the test is unable to get to the farm before the next shipment it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, all cans shall be tested. Producers of No. 3 or No. 4 milk shall be notified immediately and shall be furnished applicable sediment discs and the next shipment shall be tested. (e) Retests. On test of the next shipment all cans shall be tested. Milk classified as No. 1, No. 2, or No. 3 may be accepted, but No. 4 milk shall be rejected. The producers of No. 3 or No.… | |||
| 7:7:3.1.1.1.5.2.168.16 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.135 Bacterial estimate. | AMS | [67 FR 48975, July 29, 2002] | (a) Methods of Testing. Milk shall be tested for bacterial estimate by using one of the following methods or by any other method approved by Standard Methods for the Examination of Dairy Products. (1) Direct Microscopic clump count; (2) Standard plate count; (3) Plate loop count; (4) Pectin gel plate count; (5) Petrifilm aerobic count; (6) Spiral plate count; (7) Hydrophobic grid membrane filter count; (8) Impedance/conductance count; (9) Reflectance calorimetry. (b) Frequency of Testing. A laboratory examination to determine the bacterial estimate shall be made on a representative sample of each producer's milk at least once each month at irregular intervals. Samples shall be analyzed at a laboratory in accordance with State regulations. (c) Acceptance of milk. The following procedures shall be applied with respect to bacterial estimates: (1) Whenever the bacterial estimate indicates the presence of more than 500,000 bacteria per ml., the producer shall be notified with a warning of the excessive bacterial estimate. (2) Whenever two of the last four consecutive bacterial estimates exceed 500,000 per ml., the appropriate regulatory authority shall be notified and a written warning notice given to the producer. The notice shall be in effect so long as two out of the last four consecutive samples exceed 500,000 per ml. (3) An additional sample shall be taken after a lapse of 3 days but within 21 days of the notice required in paragraph (c) (2) of this section. If this sample also exceeds 500,000 per ml., subsequent milkings shall be excluded from the market until satisfactory compliance is obtained. Shipment may be resumed when an additional sample of herd milk is tested and found satisfactory. | |||
| 7:7:3.1.1.1.5.2.168.17 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.136 Rejected milk. | AMS | [58 FR 26913, May 6, 1993] | A plant shall reject specific milk from a producer if the milk fails to meet the requirements for appearance and odor (§ 58.133(a)), if it is classified No. 4 for sediment content (§ 58.134), or if it tests positive for drug residue (§ 58.133(c)). | |||
| 7:7:3.1.1.1.5.2.168.18 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.137 Excluded milk. | AMS | [58 FR 26913, May 6, 1993, as amended at 67 FR 48975, July 29, 2002] | A plant shall not accept milk from a producer if: (a) The milk has been in a probational (No. 3) sediment content classification for more than 10 calendar days (§ 58.134); (b) Three of the last five milk samples have exceeded the maximum bacterial estimate of 500,000 per ml. (§ 58.135 (c)(3)). (c) Three of the last five milk samples have exceeded the maximum somatic cell count level of 750,000 per ml. (1,000,000 per ml. for goat milk) (§ 58.133 (b)(6)); or (d) The producer's milk shipments to either the Grade A or the manufacturing grade milk market currently are not permitted due to a positive drug residue test (§ 58.133(c)(4)). | |||
| 7:7:3.1.1.1.5.2.168.19 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.138 Quality testing of milk from new producers. | AMS | [58 FR 26913, May 6, 1993] | A quality examination and tests shall be made on the first shipment of milk from a producer shipping milk to a plant for the first time or resuming shipment to a plant after a period of non-shipment. The milk shall meet the requirements for acceptable milk, somatic cell count and drug residue level (§§ 58.133, 58.134 and 58.135). The buyer shall also confirm that the producer's milk is currently not excluded from the market (§ 58.137). Thereafter, the milk shall be tested in accordance with the provisions in §§ 58.133, 58.134 and 58.135. | |||
| 7:7:3.1.1.1.5.2.168.20 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.139 Record of tests. | AMS | [58 FR 26913, May 6, 1993] | Accurate records listing the results of quality and drug residue tests for each producer shall be kept on file at the plant. Additionally, the plant shall obtain the quality and drug residue test records (§ 58.148(a), (e) and (g)) for any producer transferring milk shipment from another plant. These records shall be available for examination by the inspector. | |||
| 7:7:3.1.1.1.5.2.168.21 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.140 Field service. | AMS | [58 FR 26913, May 6, 1993] | A representative of the plant shall arrange to promptly visit the farm of each producer whose milk tests positive for drug residue, exceeds the maximum somatic cell count level, or does not meet the requirements for acceptable milk. The purpose of the visit shall be to inspect the milking equipment and facilities and to offer assistance to improve the quality of the producer's milk and eliminate any potential causes of drug residues. A representative of the plant should routinely visit each producer as often as necessary to assist and encourage the production of high quality milk. | |||
| 7:7:3.1.1.1.5.2.168.22 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.141 Alternate quality control program. | AMS | When a plant has in operation an acceptable quality program, at the producer level, which is approved by the Administrator as being effective in obtaining results comparable to or higher than the quality program as outlined above for milk or cream, then such a program may be accepted in lieu of the program herein prescribed. | ||||
| 7:7:3.1.1.1.5.2.169.23 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.142 Product quality and stability. | AMS | The receiving, holding and processing of milk and cream and the manufacturing, handling, packaging, storing and delivery of dairy products shall be in accordance with clean and sanitary methods, consistent with good commercial practices to promote the production of the highest quality of finished product and improve product stability. Milk should not be more than three days old when picked up from the producer and delivered to the plant, receiving station or transfer station. | ||||
| 7:7:3.1.1.1.5.2.169.24 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.143 Raw product storage. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 67 FR 48976, July 29, 2002] | (a) All milk shall be held and processed under conditions and at temperatures that will avoid contamination and rapid deterioration. Drip milk from can washers and any other source shall not be used for the manufacture of dairy products. Bulk milk in storage tanks within the dairy plant shall be handled in such a manner as to minimize bacterial increase and shall be maintained at 45 °F. or lower until processing begins. This does not preclude holding milk at higher temperatures for a period of time, where applicable to particular manufacturing or processing practices. (b) The bacteriological quality of commingled milk in storage tanks shall not exceed 1,000,000/ml. | |||
| 7:7:3.1.1.1.5.2.169.25 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.144 Pasteurization or ultra-pasteurization. | AMS | When pasteurization or ultra-pasteurization is intended or required, or when a product is designated “pasteurized” or “ultra-pasteurized” every particle of the product shall be subjected to such temperatures and holding periods in approved systems as will assure proper pasteurization or ultra-pasteurization of the product. The heat treatment by either process shall be sufficient to insure public health safety and to assure adequate keeping quality, yet retaining the most desirable flavor and body characteristics of the finished product. | ||||
| 7:7:3.1.1.1.5.2.169.26 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.145 Composition and wholesomeness. | AMS | All necessary precautions shall be taken to prevent contamination or adulteration of the milk or dairy products during manufacturing. All substances and ingredients used in the processing or manufacturing of any dairy product shall be subject to inspection and shall be wholesome and practically free from impurities. The finished products shall comply with the requirements of the Federal Food, Drug, and Cosmetic Act as to their composition and wholesomeness. | ||||
| 7:7:3.1.1.1.5.2.169.27 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.146 Cleaning and sanitizing treatment. | AMS | (a) Equipment and utensils. The equipment, sanitary piping and utensils used in receiving and processing of the milk, and manufacturing and handling of the product shall be maintained in a sanitary condition. Sanitary seal assemblies shall be removable on all agitators, pumps, and vats and shall be inspected at regular intervals and kept clean. Unless other provisions are recommended in the following supplement sections, all equipment not designed for C.I.P. cleaning or mechanical cleaning shall be disassembled after each day's use for thorough cleaning. Dairy cleaners, detergents, wetting agents or sanitizing agents, or other similar materials which will not contaminate or adversely affect the products may be used. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils. (1) Product contact surfaces shall be subjected to an effective sanitizing treatment prior to use, except where dry cleaning is permitted. Utensils and portable equipment used in processing and manufacturing operations shall be stored above the floor in clean, dry locations and in a self draining position on racks constructed of impervious corrosion-resistant material. (2) C.I.P. cleaning or mechanical cleaning systems shall be used only on equipment and pipeline systems which have been designed, engineered and installed for that purpose. When such cleaning is used, careful attention shall be given to the proper procedures to assure satisfactory cleaning. All C.I.P. installations and cleaning procedures shall be in accordance with 3-A Suggested Method for the Installation and Cleaning of Cleaned-In-Place Sanitary Milk Pipelines for Milk and Milk Products Plants. Because of the possibilities of corrosion, the recommendations of the cleaning compound manufacturer should be followed with respect to time, temperature and concentration of specific acid or alkaline solutions and bactericides. Such cleaning operation should be preceded by a thorough rinse at approximately 110-115 °F. continuously discarding … | ||||
| 7:7:3.1.1.1.5.2.169.28 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.147 Insect and rodent control program. | AMS | In addition to any commercial pest control service, if one is utilized, a specially designated employee should be made responsible for the performance of a regularly scheduled insect and rodent control program. Poisonous substances shall be properly labeled, and shall be handled, stored and used in such a manner as considered satisfactory by the Environmental Protection Agency. | ||||
| 7:7:3.1.1.1.5.2.169.29 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.148 Plant records. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 FR 745, Jan. 7, 1982; 58 FR 26913, May 6, 1993; 90 FR 4587, Jan. 16, 2025] | Adequate plant records shall be maintained of all required tests and analyses performed in the laboratory or throughout the plant during storage, processing and manufacturing, on all raw milk receipts and dairy products. Such records shall be available for examination at all reasonable times by the inspector. The following are the records which shall be maintained for examination at the plant or receiving station where performed. (a) Sediment and bacterial test results on raw milk from each producer. Retain for 12 months. (1) Routine tests and monthly summary of all producers showing number and percent of total in each class. (2) Retests, if initial test places milk in probationary status. (3) Rejections of raw milk over No. 3 in quality. (b) Pasteurization recorder charts. Retain for 3 months. (c) Water supply test certificate. Retain current copy for 6 months. (d) Cooling and heating recorder charts. Retain for 3 months. (e) Load and individual drug residue test results. Retain for 12 months. (f) Notifications to appropriate State regulatory agencies of positive drug residue tests and intended and final dispositions of milk testing positive for drug residue. Retain for 12 months. (g) Somatic cell count test results on raw milk from each producer. Retain for 12 months. (h) Butterfat test records. Retain for 12 months. 1 Editorial Note: See table appearing in § 58.100 for correct OMB control number. | |||
| 7:7:3.1.1.1.5.2.169.30 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.149 Alternate quality control programs for dairy products. | AMS | (a) When a plant has in operation an acceptable quality control program which is approved by the Administrator as being effective in obtaining results comparable to or higher than the quality control program as outlined in this subpart, then such a program may be accepted in lieu of the program herein prescribed. (b) Where a minimum number of samples per batch of product, or per unit of time on continuous production runs are not specified, the phrase “as many samples shall be taken as is necessary to assure compliance to specific quality requirements” is used. Acceptable performance of this would be any method approved by the Administrator as meeting sound statistical methods of selecting samples and determining the number of samples to be taken. | ||||
| 7:7:3.1.1.1.5.2.170.31 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.150 Containers. | AMS | (a) The size, style, and type of packaging used for dairy products shall be commercially acceptable containers and packaging materials which will satisfactorily cover and protect the quality of the contents during storage and regular channels of trade and under normal conditions of handling. (b) Packaging materials for dairy products shall be selected which will provide sufficiently low permeability to air and vapor to prevent the formation of mold growth and surface oxidation. In addition, the wrapper should be resistant to puncturing, tearing, cracking or breaking under normal conditions of handling, shipping and storage. When special type packaging is used, the instructions of the manufacturer shall be followed closely as to its application and methods of closure. | ||||
| 7:7:3.1.1.1.5.2.170.32 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.151 Packaging and repackaging. | AMS | (a) Packaging dairy products or cutting and repackaging all styles of dairy products shall be conducted under rigid sanitary conditions. The atmosphere of the packaging rooms, the equipment and packaging materials shall be practically free from mold and bacterial contamination. Methods for checking the level of contamination shall be as prescribed by the latest edition of Standard Methods or by other satisfactory methods approved by the Administrator. (b) When officially graded bulk dairy products are to be repackaged into consumer type packages with official grade labels or other official identification, a supervisor of packaging shall be required, see subpart A of this part. (title 7, §§ 58.2 and 58.53 of the Code of Federal Regulations). If the packaging or repackaging is done in a plant other than the one in which the dairy product is manufactured, the plant, equipment, facilities and personnel shall meet the same requirements as outlined in this subpart. | ||||
| 7:7:3.1.1.1.5.2.170.33 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.152 General identification. | AMS | All commercial bulk packages or consumer packaged product containing dairy products manufactured under the provisions of this subpart shall comply with the applicable regulation of the Food and Drug Administration. | ||||
| 7:7:3.1.1.1.5.2.171.34 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.153 Dry storage. | AMS | The product should be stored at least 18 inches from the wall in aisles, rows, or sections and lots, in such a manner as to be orderly and easily accessible for inspection. Rooms should be cleaned regularly. It is recommended that dunnage or pallets be used when practical. Care shall be taken in the storage of any other product foreign to dairy products in the same room, in order to prevent impairment or damage to the dairy product from mold, absorbed odors, or vermin or insect infestation. Control of humidity and temperature shall be maintained at all times, consistent with good commercial practices, to prevent conditions detrimental to the product and container. | ||||
| 7:7:3.1.1.1.5.2.171.35 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.154 Refrigerated storage. | AMS | Finished product in containers subject to such conditions that will affect its useability shall be placed on shelves, dunnage or pallets and properly identified. It shall be stored under temperatures that will best maintain the initial quality. The product shall not be exposed to anything from which it might absorb any foreign odors or be contaminated by drippage or condensation. | ||||
| 7:7:3.1.1.1.5.2.172.36 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.155 Grading. | AMS | Dairy products which have been processed or manufactured in accordance with the provisions of this subpart may be graded by the grader in accordance with the U.S. Standards for Grades. Laboratory analyses, when required in determining the final grade shall be conducted in an approved laboratory. | ||||
| 7:7:3.1.1.1.5.2.172.37 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.156 Inspection. | AMS | Dairy products, which have been processed or manufactured in an approved plant, and for which there are no official U.S. Standards for Grades, shall be inspected for quality by the inspector in accordance with contract requirements or product specifications established by the U.S. Department of Agriculture or other Federal agency or buyer and seller. Laboratory analysis when required shall be conducted in an approved laboratory. | ||||
| 7:7:3.1.1.1.5.2.172.38 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.157 Inspection or grading certificates. | AMS | All dairy products which have been processed or manufactured, packaged and inspected or graded in accordance with the provision of this part may be covered by an inspection or grading certificate issued by the inspector or grader. | ||||
| 7:7:3.1.1.1.5.2.172.39 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.158 Official identification. | AMS | (a) Application for authority to apply official identification to packaging material or containers shall be made in accordance with the provisions of subpart A of this part. (title 7, §§ 58.49 through 58.57 of the Code of Federal Regulations.) (b) Only dairy products received, processed, or manufactured in accordance with the specifications contained in this subpart and inspected and/or graded in accordance with the provisions of this part may be identified with official identification. | ||||
| 7:7:3.1.1.1.5.2.173.40 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.159 Terms. | AMS | (a) Fresh and sweet. Free from “old milk” flavor of developed acidity or other off-flavors. (b) Normal feed. Regional feed flavors, such as alfalfa, clover, silage, or similar feeds or grasses (weed flavors, such as peppergrass, French weed, onion, garlic, or other obnoxious weeds, excluded). (c) Off-flavors. Tastes or odors, such as utensil, bitter, barny, or other associated defects when present to a degree readily detectable. (d) Developed acidity. An apparent increase from the normal acidity of the milk to a degree of taste and odor which is detectable. (e) Extraneous matter. Foreign substances, such as filth, hair, insects and fragments thereof, and rodents, and materials, such as metal, fiber, wood and glass. (f) Sediment. Fine particles of material other than the foreign substances and materials defined in paragraph (e) of this section. (g) C.I.P. The abbreviation of an approved system of cleaning pipelines called “Cleaned-in-Place.” (h) Mechanical cleaning. Denotes cleaning solely by circulation and/or flowing chemical detergent solution and water rinses onto and over the surfaces to be cleaned, by mechanical means. | ||||
| 7:7:3.1.1.1.5.2.175.41 | 7 | Agriculture | I | C | 58 | PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS | B | Subpart B—General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service | § 58.205 Meaning of words. | AMS | [40 FR 47911, Oct. 10, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 56 FR 33855, July 24, 1991; 61 FR 17548, Apr. 22, 1996; 61 FR 35590, July 8, 1996] | For the purpose of the regulations in this subpart, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand. Unless the context otherwise requires, the following terms shall have the following meaning: (a) Nonfat dry milk. The product obtained by the removal of only water from pasteurized skim milk. It contains not more than 5 percent by weight of moisture and not more than 1 1/2 percent by weight of milkfat and it conforms to the applicable provisions of 21 CFR 131 “Milk and Cream” as issued by the Food and Drug Administration. Nonfat dry milk shall not contain nor be derived from dry buttermilk, dry whey, or products other than skim milk, and shall not contain any added preservative, neutralizing agent, or other chemical. (b) Instant nonfat dry milk. Instant nonfat dry milk is nonfat dry milk which has been produced in such a manner as to substantially improve its dispersing and reconstitution characteristics over that produced by the conventional process. Instant nonfat dry milk shall not contain dry buttermilk, dry whey, or products other than nonfat dry milk, except that lactose may be added as a processing aid during instantizing. The instant nonfat dry milk shall not contain any added preservatives, neutralizing agent, or other chemical. If lactose is used, the amount of lactose shall be the minimum required to produce the desired effect, but in no case shall the amount exceed 2.0 percent of the weight of the nonfat dry milk. If instant nonfat dry milk is fortified with vitamin A, and the product is reconstituted in accordance with the label directions, each quart of the reconstituted product shall contain 2000 International Units thereof. If instant nonfat dry milk is fortified with vitamin D, and the product is reconstituted in accordance with the label directions, each quart of the reconstituted product shall contain 400 International Units thereof. (c) Dry whole milk. The pasteurized product resulting from the removal of water from milk and cont… |
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