PART 53—LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS) Authority: 7 U.S.C. 1621-1627. Source: 42 FR 53902, Oct. 4, 1977, unless otherwise noted. Subpart A—Regulations Definitions § 53.1 Meaning of words. Words used in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of such regulations, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Acceptance service. Act. Administrator. Agricultural Marketing Service. Applicant. Branch. Chief. Class. Compliance. Cooperative agreement. Department. Director. Division. Financially interested person. Grade. (2) As a verb, this term means to determine the class, grade, or other quality of livestock according to applicable standards for such livestock. Grading service. Legal holiday. Livestock. Official grader. Person. Regulations. Service. Specifications. Standards. Supervisor. [42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998] § 53.2 Designation of official certificates, memoranda, marks, other identifications, for purposes of the Agricultural Marketing Act. 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 other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified: (a) Official certificate (b) Official memorandum (c) Official mark other official identification Administration § 53.3 Authority. The Director is charged with the administration of the regulations and the Act insofar as they relate to livestock. Service § 53.4 Kind of service. Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the class, grade, or other quality of livestock under applicable standards. Class, grade and other quality may be determined under said standards for livestock. Acceptance service under the regulations shall consist of the determination of the conformity of livestock to specifications approved by the Director or Chief and the certification and other identification of such livestock in accordance with specifications, upon request by the applicant. [42 FR 53902, Oct. 4, 1977, as amended at 63 FR 72101, Dec. 31, 1998] § 53.5 Availability of service. Service under these regulations may be made available with respect to livestock shipped or received in interstate commerce, and with respect to the livestock not so shipped or received if the Director or Chief determines that the furnishing of service for such livestock would facilitate the marketing, distribution, processing, or utilization of agricultural products through commercial channels. Also, such service may be made available under a cooperative agreement. Service under these regulations shall be provided without discrimination as to race, color, sex, creed, or national origin. § 53.8 How to obtain service. (a) Application. (b) Notice of eligibility for service. (c) Request by applicant for service Noncommitment. § 53.9 Order of furnishing service. Service under the regulations shall be furnished to applicants in the order in which requests therefor are received, insofar as consistent with good management, efficiency and economy. Precedence will be given, when necessary, to requests made by any government agency or any regular user of the service. § 53.10 When request for service deemed made. A request for service under the regulations shall be deemed to be made when received by a market news office. Records showing the date and time of the request shall be made and kept in such office. § 53.11 Withdrawal of application or request for service. An application or a request for service under the regulations may be withdrawn by the applicant at any time before the application is approved or prior to performance of service, upon payment, in accordance with §§ 53.18 and 53.19, of any expenses already incurred by the Agricultural Marketing Service in connection therewith. § 53.12 Authority of agent. Proof of the authority of any person making an application or a request for service under the regulations on behalf of any other person may be required at the discretion of the Director or Chief or the official in charge of the market news office or other employee receiving the application or request under § 53.8. § 53.13 Denial or withdrawal of service. (a) For misconduct Bases for denial or withdrawal. Provided, And provided, further, a 1 2 b a 1 (2) Procedure. (b) For miscellaneous reasons. (c) Filing of records. [42 FR 53902, Oct. 4, 1977, as amended at 60 FR 8464, Feb. 14, 1995] § 53.14 Financial interest of official grader. No official grader shall grade or determine compliance of any livestock in which he or any of his relatives by blood or marriage is directly or indirectly financially interested. § 53.15 Accessibility to livestock. (a) The applicant shall cause livestock, with respect to which service is requested, to be made easily accessible for examination and to be so placed, with adequate illuminating facilities, as to disclose their class, grade, other quality, and compliance. Supervisors and other employees of the Department responsible for maintaining uniformity and accuracy of service under the regulations shall have access to all parts of establishments covered by approved applications for service under the regulations, for the purpose of examining all livestock in the establishments which have been or are to be graded or examined for compliance with specifications. (b) [Reserved] § 53.16 Official certificates. (a) Required; exception. (b) Where weight is certified, the word “Not” shall be deleted from the phrases “Weights Not Verified.” (c) Distribution. § 53.17 Advance information concerning service rendered. Upon request of any applicant, all or any part of the contents of any certificate issued to him under the regulations, or other notification concerning the determination of class, grade, other quality, or compliance of livestock for such applicant may be transmitted by telegraph or telephone to him, or to any person designated by him, at his expense. Charges for Service § 53.18 Fees and other charges for service. Fees and other charges equal as nearly as may be to the cost of the services rendered shall be assessed and collected from applicants in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the services are furnished, or as provided in § 53.8. (a) Fees based on hourly rates. (b) Travel charges. (c) Per diem charges. (d) Fees for extra copies of certificates. (e) Other charges. [42 FR 53902, Oct. 4, 1977, as amended at 47 FR 54927, Dec. 7, 1982; 48 FR 16874, Apr. 20, 1983] § 53.19 Payment of fees and other charges. Fees and other charges for service shall be paid in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the service is furnished. Upon receipt of billing for fees and other charges for service the applicant shall remit by check, draft, or money order, made payable to the Agricultural Marketing Service, U.S.D.A., payment for the service in accordance with directions on the billing, and such fees and charges shall be paid in advance if required by the official grader or other authorized official. Miscellaneous § 53.20 Identification. All official graders and supervisors shall have their Agricultural Marketing Service identification cards in their possession at all times while they are performing any function under the regulations and shall identify themselves by such cards upon request. § 53.21 Errors in service. When an official grader, supervisor, or other responsible employee of the Branch has evidence of misgrading, or of incorrect certification or other incorrect determination or identification as to the class, grade, other quality, or compliance of livestock, he shall report the matter to his immediate supervisor. The supervisor will investigate the matter and, if he deems advisable, will report it to the owner or his agent. The supervisor shall take appropriate action to correct errors found in the determination or identification of class, grade or other quality or compliance of livestock if the livestock is still owned by the person who owned them when, and are still located at the establishment where, the incorrect service was rendered and if such service was rendered by a grader under the jurisdiction of such supervisor, and the supervisor shall take adequate measures to prevent the recurrence of such errors. Subpart B [Reserved]