PART 62—AGRICULTURAL MARKETING SERVICE AUDIT VERIFICATION AND ACCREDITATION PROGRAMS (AVAAP) Authority: 7 U.S.C. 1621-1627. Source: 85 FR 62937, Oct. 6, 2020, unless otherwise noted. Subpart A—Definitions § 62.000 Meaning of terms. Words used in this subpart in the singular form shall be deemed to impart 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: Accreditation. Act. Administrator. Agricultural Marketing Service. Applicant. Assessment. Audit. Auditor. Conformance. Export certificate. Nonconformance. Official mark of conformance. Products. Program. Service. Service documentation. USDA. Subpart B—Administration § 62.100 Administrator. The Administrator is charged with the administration of official assessments conducted according to the regulations in this part and approved program procedures. Subpart C—Audit and Accreditation Services § 62.200 Services. Services shall be based upon the authorities under the Act and applicable standards prescribed by USDA, the laws of the State where the particular product was produced, specifications of any governmental agency, voluntary audit program requirements in effect under federal marketing orders and/or agreements, written buyer and seller contract specifications, service documentation, or any written specification by an applicant. Services are administered through voluntary, fee-for-service, audit-based programs by AMS auditor(s) and other USDA officials under this part. Services authorized under this part, and programs administered under such, shall include: (a) Quality Systems Verification Programs. (1) Food Safety Management Systems. (i) Good Agricultural Practices (GAP). (ii) GroupGAP. (iii) Good Manufacturing Practices. (2) Export Certification Program. (3) USDA Process Verified Program (PVP). (4) USDA Quality Assessment Program. (i) Export Verification Programs. (ii) [Reserved]. (5) USDA Accredited Seed Program. (b) Audit Verification Programs. (1) Food Defense Verification Program. (2) Domestic Origin Verification. (3) Plant System Audit. (4) Audits performed for other government agencies. (5) Export Audit Programs. (6) Child Nutrition Labeling Program. (c) Accreditation Programs. (1) USDA ISO Guide 17065 Program. (2) Laboratory Approval Programs. Subpart D—Administrative Provisions § 62.201 Availability of service. Services under this part are available to applicants, including international and domestic government agencies, private agricultural businesses, and any financially interested person. § 62.202 How to apply for service. Applicants may apply for services authorized under this part by contacting the Administrator's office and requesting specific service or program information at USDA, AMS, 1400 Independence Avenue SW, Room 3069-S, Washington, DC 20250-0294; by fax to: (202) 720-5115, or email to: [email protected]. https://www.ams.usda.gov. § 62.203 How to withdraw application for service. An application for service may be withdrawn, all or in part, by the applicant at any time; Provided, § 62.204 Authority to request service. Any person requesting service may be required to prove his/her financial interest in the product or service at the discretion of USDA. § 62.205 [Reserved] § 62.206 Access to program documents and activities. (a) The applicant shall make its products, records, and documentation available and easily accessible for assessment, with respect to the requested service. Auditors and other USDA officials responsible for maintaining uniformity and accuracy of service authorized under this part shall have access to all areas of facilities covered by approved applications for service under the regulations, during normal business hours or during periods of production, for the purpose of evaluating products or processes. This includes products in facilities which have been or are to be examined for program conformance or which bear any USDA official marks of conformance. This further includes any facilities or operations that are part of an approved program. (b) Documentation and records relating to an applicant's program must be retained as prescribed under each service program authorized under this part. § 62.207 Official assessment. Official assessment of an applicant's program shall include: (a) Documentation assessment. (b) Program assessment. (c) Program determination. (d) Corrective and/or preventative actions. § 62.208 Publication of assessment status. Approved programs shall be posted for public reference on: https://www.ams.usda.gov. (a) Program name and contact information; (b) Products or services covered under the scope of approval; (c) Effective dates of approval; (d) Control numbers of official assessments, as appropriate; and (e) Any other information deemed necessary by the Administrator. § 62.209 [Reserved] § 62.210 Denial, suspension, cancellation or rejection of service. (a) Denial of services. (1) Adequately address any program requirement resulting in a nonconformance for the program. (2) Demonstrate capability to meet any program requirement, thereby resulting in a major nonconformance. (3) Present truthful and accurate information to any auditor or other USDA official; or (4) Allow any auditor or other USDA official access to facilities and records within the scope of the program. (b) Suspension of services. (1) Adequately address any program's requirement, thereby resulting in a major nonconformance; (2) Demonstrate capability to meet any program requirement, thereby resulting in a major nonconformance; (3) Follow and maintain its approved program or procedures; (4) Provide corrections and take corrective actions as applicable in the timeframe specified; (5) Submit significant changes to an approved program and seek approval from USDA prior to implementation of the significant changes to the program; (6) Allow any auditor or other USDA official access to facilities and records within the scope of the approved program; (7) Accurately represent the eligibility of agricultural products or services distributed under an approved program; (8) Remit payment for services; (9) Abstain from any fraudulent or deceptive practice in connection with any application or request for service; or (10) Allow any auditor or other USDA official to perform his or her duties under the provisions of this part or program requirements established under one of the authorized services of this part. (c) Cancellation of services. (d) Rejection of services. § 62.211 Appeals. (a) Appeals of adverse decisions. (b) Procedure for Appeals. § 62.212 [Reserved] § 62.213 Official identification. Some programs offered under this subpart allow for the use of official identification or marks of conformance. A program's specific documented procedure will indicate whether official marks of conformance apply. (a) Products or services produced under a program authorized under this part may use an official identification mark of approval for that program, such as the “USDA Process Verified” statement and the “USDA Process Verified” shield. Use of program official identification must be in accordance with program requirements. (b) Use of a program's official identification mark must be approved in writing by USDA prior to use by an applicant. (c) USDA Process Verified Program shield. (1) The USDA Process Verified shield must replicate the form and design of the example in Figure 1 and must be printed legibly and conspicuously: (i) On a white background with a gold trimmed shield, with the term “USDA” in white overlaying a blue upper third of the shield, the term “PROCESS” in black overlaying a white middle third of the shield, and term “VERIFIED” in white overlaying a red lower third of the shield; or (ii) On a white or transparent background with a black trimmed shield, with the term “USDA” in white overlaying a black upper third of the shield, the term “PROCESS” in black overlaying a white middle third of the shield, and the term “VERIFIED” in white overlaying a black lower third of the shield. § 62.214 Voluntary participation. Applying for services, or enrollment in any service
program, is voluntary. Once an applicant receives a service or is accepted into a program, compliance with that service or program's terms is mandatory unless the applicant withdraws its application as provided in § 62.203 or participation is denied, suspended, cancelled, or rejected subject to the terms of § 62.210. Subpart E—Fees § 62.300 Fees and other costs of service. (a) For each calendar year, AMS will calculate the rate for services per hour per program employee using the following formulas: (1) Regular rate. (2) Overtime rate. (3) Holiday rate. (b)(1) For each calendar year, based on previous fiscal year/historical actual costs, AMS will calculate the benefits rate, operating rate, and allowance for bad debt rate components of the regular, overtime, and holiday rates as follows: (i) Benefits rate. (ii) Operating rate. (iii) Allowance for bad debt rate. (2) The calendar year cost of living expenses and percentage of inflation factors used in the formulas in this section are based on OMB's most recent Presidential Economic Assumptions. (c) Applicants are responsible for paying actual travel costs incurred to provide services, including but not limited to: Mileage charges for use of privately owned vehicles, rental vehicles and gas, parking, tolls, and public transportation costs such as airfare, train, and taxi service. (d) The applicant is responsible for paying per diem costs incurred to provide services away from the auditor's or USDA official's official duty station(s). Per diem costs shall be calculated in accordance with existing travel regulations (41 CFR, subtitle F—Federal Travel Regulation System, chapter 301). (e) When costs other than those costs specified in paragraphs (a) through (c) of this section are involved in providing the services, the applicant shall be responsible for these costs. The amount of these costs shall be determined administratively by AMS. However, the applicant will be notified of these costs before the service is rendered. § 62.301 Payment of fees and other charges. Fees and other charges for services shall be paid in accordance with each service or program's policy(ies) and documentation. The applicant shall remit payment by the date indicated on the invoice. Payment may be made by automated clearing house transactions; credit card, debit card, or direct debit via Pay.gov i.e., Subpart F—OMB Control Number § 62.400 OMB control number assigned pursuant to the Paperwork Reduction Act. The information collection and recordkeeping requirements of this part have been approved by OMB under 44 U.S.C. Chapter 35 and have been assigned OMB Control Numbers: 0581-0125, 0581-0128, 0581-0251, and 0581-0283.