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9 CFR Part 362 — Voluntary Poultry Inspection Regulations

Office of the Federal Register (NARA) · Code of Federal Regulations (eCFR, Office of the Federal Register)
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united states, us regulation, us federal regulation, code of federal regulations, cfr, federal regulation, 9, 362, part 362, 9 cfr 362, 9 cfr part 362, animals, and, animal, products, food safety and inspection service, department of agriculture, agency organization and terminology; mandatory meat and poultry products inspection and voluntary inspection and certification

PART 362—VOLUNTARY POULTRY INSPECTION REGULATIONS Authority: 7 U.S.C. 1622; 7 CFR 2.18 (g) and (i) and 2.53. Source: 41 FR 23715, June 11, 1976, unless otherwise noted. § 362.1 Definitions. The definitions in § 381.1 are incorporated in this part except for the definitions excluded in § 362.2(a). In addition to those definitions, the following definitions will be applicable to the regulations in this part. (a) Act. et seq. (b) Inspector. (c) Person. (d) Poultry. (e) Poultry Product. et seq. [66 FR 22905, May 7, 2001] § 362.2 Types and availability of service. Upon application, in accordance with § 362.3, the following types of service may be furnished under the regulations in this part: (a) Inspection service. (b) Export certification service. (c) Identification Service. (2) At the time service is furnished, product must be sound, wholesome, and fit for human food. The service will be available only on premises other than those of an official establishment. The sanitation of the place or area where service is furnished must comply with provisions of §§ 416.1 through 416.6 of this chapter. (3) The mark of inspection shall be applied only under the immediate supervision of an inspector. (4) This service does not cover further cutting and processing of products. These activities must take place at an official establishment. (5) The registration and recordkeeping requirements enumerated in Part 381, subpart Q, of this chapter shall apply to persons requesting voluntary identification service under this paragraph (c). [66 FR 22905, May 7, 2001, as amended at 88 FR 2811, Jan. 18, 2023] § 362.3 Application for service. Any person who desires to receive service under the regulations in this part for poultry or other product eligible therefor under such regulations may make application for service to the Administrator, upon an application form which will be furnished by the Administrator upon request to the Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. The application must include all the information called for by that form. In case of change of name, ownership, management, or location, a new application shall be made. (Approved by the Office of Management and Budget under control number 0583-0036) [41 FR 23715, June 11, 1976, as amended at 47 FR 746, Jan. 7, 1982] § 362.4 Denial or withdrawal of service. (a) For disciplinary reasons Bases for denial or withdrawal. Provided, And provided further, (2) Procedure. (b) For correctable cause Basis for denial or withdrawal. (2) Procedure. (c) For miscellaneous reasons. (d) Scope and applicability of rules of practice. [41 FR 23715, June 11, 1976, as amended at 43 FR 11148, Mar. 17, 1978] § 362.5 Fees and charges. (a) Fees and charges for service under the regulations in this part shall be paid by the applicant for the service in accordance with this section, and, if required by the Administrator, the fees and charges shall be paid in advance. (b) The fees and charges provided for in this section shall be paid by check, draft, or money order payable to the Treasurer of the United States and shall be remitted promptly to the Administrator upon furnishing to the applicant a statement as to the amount due. (c) The fees to be charged and collected for service under the regulations in this part shall be at the rates specified in §§ 391.2, 391.3, and 391.4 respectively for base time; for overtime including Saturdays, Sundays, and holidays; and for certain laboratory services which are not covered under the base time, overtime, and/or holiday costs. Such fees shall cover the costs of the services and shall be charged for the time required to render such service, including, but not limited to, the time required for the travel of the inspector or inspectors in connection therewith during the regularly scheduled administrative workweek. (d) Charges may also be made to cover the cost of travel and other expenses incurred by the Service in connection with the furnishing of the service. (e) Exporters that submit electronic export certificate applications will be charged a fee per application submitted. (f) For each calendar year, FSIS will calculate the electronic export certificate application fee, using the following formula: Labor Costs (Technical Support Cost + Export Library Maintenance Cost) + Information Technology Costs (On-going operations Cost + Maintenance Cost + eAuthentication Cost), divided by the number of export applications. (g) FSIS will publish notice of the electronic export certificate application fee annually in the Federal Register [41 FR 23715, June 11, 1976, as amended at 53 FR 13398, Apr. 22, 1988; 54 FR 6390, Feb. 10, 1989; 81 FR 42234, June 29, 2016]

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