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CODIFICATION GUIDE Con.

32 CFR

Page
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6647
6648

43 CFR

Public land orders:
1404 see F.R. Doc. 59-6760 6656
1937-_____---- ------------ 6648

46 CFR

10________ ____;___________ - __

6637

FEDERAL REGISTER

Saturday, August 15, 1959

6648

in part for the current denial of the benefits of the act to any person; d where the Administrator determines that the application is an attempt on the part of a person currently denied the benefits of theact tc obtain grading or inspection service; e whenever the applicant fails to bring the plant facil ities, and operating procedures into compliance with the regulations within a reasonable period of time; f notwith standing any prior approval whenever, before inauguration of service, the appli cant fails to fulfill commitments conr ceming the inauguration of the service;
g when it appears th at to perform the services specified in this part would not be to the best interests of the public welfare or of the Government; or h when it appears to the Administrator that prior commitments of the Depart ment necessitate rejection of the appli cation. Each such applicant shall be promptly notified by registered mail of the reasons for the rejection. A written petition for reconsideration of such re jection may be filed by the Applicant with the Administrator if postmarked or delivered within 10 days after the receipt of notice of the rejection. Such petition shall state specifically the-errors alleged to have been made by the Administrator in rejecting the application. Within 20
days following the receipt of such a peti tion for reconsideration, the Adminis trator shall approve the application or notify the applicant by registered mail of the reasons for the rejection thereof.
3. Change 56.37 to read:
56.37 Inform ation required on grade mark.

Except as otherwise authorized, each grade mark which is to be used shall con spicuously indicate the letters USDA, the U.S. grade of the product it identifies and if not shown prominently elsewhere on the labeling material, the appropri ate weight class of the eggs. The plant number of the official plant where the eggs were graded and packed shall be set forth if it does not appear elsewhere on the packaging material. In addition, one of the following terms shall be in cluded: Graded Under Federal-State Supervision, or Graded Under U.S. and State Supervision, or an. appropriate term of similar import. Such grade inarks shall be contained within the out line of a shield of such design as may be approved by the Administrator. When eggs have been graded pursuant to this Part and are packaged, the grade mark affixed to each such package shall have
stamped thereon either the date of grad ing or an expiration date not to exceed IQ days from the date of grading, including the day of grading unless such label is printed on the carton, in which case the date of grading shall be legibly applied to the carton in a m an ner satisfactory to the Administrator.
4. Change 56.38 to read:

formation within the shield shall be in approximately the same proportion as shown in the examples in Figures 2 and 3
of this section.

5 6 .3 8 Form o f official identification sym bol and grade mark.

a The shield set forth in Figure 1
shall be the official identification symbol for purposes of this part and when used, imitated, or simulated in any manner in connection with shell eggs shall be deemed to constitute a representation th at the, product has been officially graded or inspected for the purposes of 56.2a.
b Except as otherwise authorized, the grade mark permitted to be used to officially identify cartons containing one dozen shell eggs, which are graded pur suant to the regulations in this part, shall be contained in a shield and in the form and design indicated in examples in Figures 2 and 3 of this section. The in formation including the form and ar rangement of its wording which is to be included in such marks shall be: 1
The letters U.S.D.A.; 2 the U.S.
grade, such as, U.S. A Grade; 3 one of the following phrases: Graded Under Federal-State Supervision, Graded Under U.S. and State Supervision, or a term of similar import, and 4 the size or weight class of the product, such as, Large : Provided, That the size may be omitted from the grade mark if it appears prominently on the main panel of the carton. The grade mark shall be printed on the carton or on a label used to seal the carton. When the size or weight class is included as a part of the grade mark the form of such mark shall be as indicated in Figure 2 of this section and when the size or weight class designa tion is not included in the grade mark the form of the grade mark shall be as indicated in Figure 3 of this section. The grade mark shall also include the plant number of the official plant where the product was packed if the appropriate plant number does not appear elsewhere on the packaging material. In addition, either the date the eggs were graded or an expiration date not to exceed 10 days from the date of grading, including the day of grading, shall be stamped either on the grade mark used to seal the carton or applied in a legible manner elsewhere on the carton. If the date of grading is used, it shall be ex pressed as the month and day or as the consecutive day of the year. If the ex piration date is used, it shall be stated as the month and day or the number of the month and day, preceded by the letters Exp. or a statement such as Not to be Sold After. The grade mark shall be not less than 1% inches in height and should not exceed 1% inches in height. The size of the letters desig nating the grade shall be not less than Vi inch in height. The size of the print and the arrangement of the other in-

F igure 3.

5. Add a new 56.38a 56.3 8 a Fresh Fancy Quality or AA
grade mark.

Eggs which are packaged pursuant to 56.44 and are to be grade marked shall be labeled with one of the following grade marks:

FRESH
/ FANCY
L DUALITY/
PRODUCED and MARKETED
under FEDERAL STATE
QUALITY CONTROL PROGRAM
F igure 4.