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e-CFR data is current as of February 23, 2021

Title 7Subtitle BChapter VIIISubchapter APart 868Subpart A → §868.21


Title 7: Agriculture
PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES
Subpart A—Regulations


§868.21   Requirements for obtaining service.

(a) Consent and agreement by applicant. In submitting a request for inspection service, the applicant and the owner of the commodity consent to the requirements specified in paragraphs (b) through (j) of this section.

(b) Written confirmation. Verbal requests for inspection service shall be confirmed in writing upon request. Each written request shall be made in English and shall include:

(1) The date filed;

(2) The identification, quantity, and location of the commodity;

(3) The type of service(s) requested;

(4) The name and mailing address of the applicant and, if made by an authorized agent, the agent's name and mailing address; and

(5) Any other relevant information that the official with whom the application is filed may request.

A written request or a written confirmation of a verbal request shall be signed by the applicant or a duly authorized agent.

(c) Names and addresses of interested persons. When requested, each applicant for inspection service shall show on the application form the name and mailing address of each known interested person.

(d) Surrender of superseded certificates. Superseded certificates must be promptly surrendered.

(e) Accessibility—(1) Commodities. Each commodity lot inspected shall be arranged so the entire lot may be examined or, if necessary, a representative sample, as appropriate, can be obtained. If the entire lot is not accessible for examination or a representative sample cannot be obtained, the inspection shall be restricted to an examination or sampling of the accessible portion and the results certified as stated in §868.34.

(2) Origin records. When an applicant requests origin inspection, the records indicating the origin of the commodity to be inspected shall be made accessible for examination and verification by official personnel.

(f) Plant examination. Plant surveys shall be performed upon request. Survey results shall be reported in writing to a designated plant official. If the plant is approved as a result of the survey, inspection service may begin or continue at a time agreed upon by the plant management and the cooperator or Service. If the plant is not approved as a result of the survey, inspection service shall be conditionally withheld pursuant to the procedures in §868.24.

(g) Working space. An applicant must provide adequate and separate space when inspection service is performed at a plant.

(h) Loading and unloading conditions. Each applicant for inspection service shall provide or arrange for suitable conditions in the—

(1) Loading and unloading areas and the truck and railroad holding areas;

(2) Pier or dock areas;

(3) Deck and stowage areas of a carrier;

(4) Other service areas; and

(5) Equipment used in loading or unloading, processing, and handling the commodity.

Suitable conditions are those which will facilitate accurate inspection, maintain the quantity and the quality of the commodity that is to be inspected, and not be hazardous to the health and safety of official personnel as prescribed in the instructions.

(i) Timely arrangements. Requests for inspection service shall be made in a timely manner; otherwise, official personnel may not be available to provide the requested service. “Timely manner” shall mean not later than 2 p.m., local time, of the preceding business day.

(j) Payment of bills. Each applicant for inspection service shall pay bills for the service pursuant to §§868.90-868.92.

(Approved by the Office of Management and Budget under control number 0580-0012)

[53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995]

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