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FEDERAL REGISTER, Tuesday, August 29, 1939

3748

one code or identification mark or sym bol, the samples shall be so divided and segregated that an equal number of containers of each code or symbol mark are shipped to the grading office and an equal number retained in the check sample.
52.41 Sealing of check samples.
When check samples are retained in the custody of the applicant, they shall be placed in a fibre board carton and all seams completely sealed with ad hesive tape not less than two inches wide. On the adhesive tape on both the bottom and top of the carton shall be placed the certificate of sampling or certificate of grade number, the date sampled, and the initials of the party performing the sampling.
52.42 Invalidation of check sam ples. No check sample retained by the applicant shall be used as a basis for an appeal grading if the seal on the carton in which samples were packed is broken or shows evidence of tamper ing.

52.43 Retention of check samples not officially drawn. Samples not offi cially drawn may be divided and re tained in the manner outlined in sec tions 52.39 and 52.40 upon request of applicant, or if the official grader deems such procedure desirable.
OFFICIAL SAMPLING

52.44 How samples are drawn.
Each employee of the Department, des ignated for the purpose, or licensed sampler, shall draw cans at random from different locations in each lot sampled, so that he may secure a true representative sample of the lot. If cans in the lot bear differing code sym bols, care shall be taken to draw sam ples in the correct proportion for each similarly coded portion of the lot.
52.45 Humber of samples to be drawn. In the absence of specific in structions from the Agricultural Market ing Service directing otherwise, each li censed sampler or employee of the De partment authorized to sample canned fruits and vegetables for the purpose of these regulations shall draw samples at the rate of 1 can for each 1,000 cans in a lot of can sizes No. 3 4%6" x 414ie"
and smaller, and 1 can for each 600 cans of sizes larger than No. 3 4%.g" x 414/i6 , but not larger than size No. 12 6%e" x 84%6" .
52.46 Additional samples. If, in the opinion of the sampler, conditions war rant the drawing of a larger number of cans as a sample, such additional cans may be drawn as the official grader or licensed sampler may deem necessary.

GRADING FEES AND EXPENSES

52.47 How fees are to be paid. For each lot of canned fruits or vegetables graded, except for branches of the Fed eral Government, a fee shall be paid by the applicant, and in advance if required by the official grader. Fees covered by sections 52.47-52.64, shall be remitted to
the office of the Agricultural Marketing Service, performing the service.
52.48 Fee when samples are drawn by salaried employees of the Department.
For each lot of canned fruits or vege tables graded consisting of 600 cases or less, the samples having been drawn by a salaried grader of the U.S. Department of Agriculture, a fee of $3.00 shall be collected. For lots in excess of 600 cases fees shall be CoJJected at the rate of $1.00 for each 200 cases, or fraction thereof.
52.49 Fee when samples are drawn by licensed samplers or Federal-State inspectors. For each lot of canned fruits and vegetables graded, the sam ples having been drawn by a licensed sampler or Federal-State inspector, the fee collected for grading shall be 60
percent of the rate prescribed in section 52.48. Fees for sampling assessed by licensed samplers or Federal-State in spectors shall be paid, in addition to the grading fee, by the applicant, in such manner as the Agricultural Marketing Service may direct.
52.50 Fees for grading large lots.
When large lots are graded for one ap plicant, as, for example, the canners entire pack or a large portion thereof and which may consist of many lots of varying sizes, the amount of the fee col lected shall be based on the total num ber of cases graded, using the rate pro vided in section 52.48 and 52.49, which ever is applicable. For the purpose of interpreting this section, large lots shall consist of 20,000 cases or more.
52.51 Fees when samples are not officially drawn. When samples which have not been officially drawn are sub mitted to a grading office, fees charged shall be as follows:

N o . o f ca n s
10 c a n s ____ _______ _______ _____ ____
11 c a n s _____________ _________ -
12 c a n s _________________ ___________
F o r ea c h a d d itio n a l ca n in t h e sa m p ie , per c a n

N o. 3
C a n s la r siz e ca n g er th a n or s m a l N o . 3 siz e ler $0.35
.7 0
1.00
1:30
1 .5 0
1.50
1 .7 5
2 .0 0
2 .2 5
2 .5 0
2 .7 5
3 .0 0

$0.65
1.30
1.90
2 .5 0
3 .0 0
3 .0 0
3 .6 0
4 .2 0
4 .8 0
5 .4 0
6 .0 0
6 .0 0

.2 5

.5 0

52.52 Informal reports. When the fees assessed for grading of samples of one lot amount to $1.00 or less, an in formal report will be issued, .except as provided in Section 52.53.
52.53 Minimum fee for gradings re ported on formal certificates. Upon re quest of applicant, formal certificates will be issued, but a minimum fee for grad ings reported on formal certificates of $1.00 shall be collected.
52.54 Fees for grading commodities requiring microscopical analysis. If the commodity graded is one the grade for
which requires microscopical analysis for mold, or in which microscopical analysis for worm fragments is desirable, an addi tional charge shall be made of $1.00 for each type of microscopical analysis of each container in the sample, unless the applicant requests the omission of the analysis, in which event the certificate of grade shall be qualified and indicate at request of applicant microscopical analy sis not made. If the applicant requests that microscopical analysis be made of a composite sample of all containers in a sample, a charge of $1.00 for each type of microscopical analysis shall be made and the certificate of grade shall indi cate microscopical analysis was made of a composite sample.
52.55 Fee for making alcohol in soluble solids determination. If the commodity graded is one on which alco hol insoluble solids determinations are sometimes desirable, an additional charge of $2.00 shall be made for each determination made. Certificates of grade shall clearly indicate whether the determination was made on each can or on a composite sample.
52.56 Fees fpr other examinations.
Fees for examinations of a character not covered in the preceding sections shall be charged on a basis approved by the Agricultural Marketing Service.
52.57 Refunds when declaration of intention is signed by applicant. Any applicant who signs a declaration of in tention indicating that he intends to use the grading service to the extent of 50 or more gradings a t any one office of official grading within the period of one year immediately following the fil ing of the declaration of intention, and who pays for 50 or more gradings will receive a refund at the end of the year period.
a Contract basis for 50 to 999 grad ings in 12 months. Any applicant who shall have paid for 50 or more gradings at any one office of official grading or office operating tempararily in its terri tory, in accordance with sections 52.48
or 52.49, within the period of one year immediately following the filing, of a declaration of his intention to avail him self of this privilege shall receive a re fund from the Department at the rate of 25 percent of the total amount of fees paid, at the end of the year period, subject to the provisions under c of this section.
b Contract basis for 1,000 or more gradings in 12 months. Any applicant who shall have paid for 1,000 or more gradings at any one office of official grading or office operating temporarily in its territory, in accordance with sec tions 52.48 or 52.49, within the period of one year immediately following the fil ing of a declaration of his intention to avail himself of this privilege shall re ceive a refund from the Department at the rate of 33 y3 percent of the total amount of fees paid, at the end of the year period, subject to the provisions under c of this section.