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e-CFR data is current as of February 25, 2021

Title 7Subtitle BChapter VIIISubchapter APart 868Subpart A → Subject Group


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


Fees

§868.90   Fees for certain Federal inspection services.

(a) The fees shown in Table 1 apply to Federal Commodity Inspection Services specified below.

Table 1—Hourly Rates1 3

[Fees for inspection of commodities other than rice]

Hourly Rates (per service representative):
Monday to Friday$34.20
Saturday, Sunday, and Holidays44.40
Miscellaneous Processed Commodities:2
(1) Additional Tests (cost per test, assessed in addition to the hourly rate):
(i) Aflatoxin Test (Thin Layer Chromatography)51.40
(ii) Falling Number12.50
(iii) Aflatoxin Test Kit7.50
Graded Commodities (Beans, Peas, Lentils, Hops, and Pulses):
(1) Additional Tests—Unit Rates (Beans, Peas, Lentils):
(i) Field run (per lot or sample)23.00
(ii) Other than field run (per lot or sample)13.75
(iii) Factor analysis (per factor)5.65
(2) Additional Tests—Unit Rates (Hops): (i) Lot or sample (per lot or sample)29.30
(3) Additional Tests—Unit Rates (Nongraded Nonprocessed Commodities): (i) Factor analysis (per factor)5.65
(4) Stowage Examination (service-on-request)4 (i) Ship (per stowage space) (minimum $252.50 per ship)50.50
(ii) Subsequent ship examinations (same as original) (minimum $151.50 per ship)
(iii) Barge (per examination)40.50
(iv) All other carriers (per examination)15.50

1Fees for original commodity inspection and appeal inspection services include, but are not limited to, sampling, grading, weighing, stowage examinations, pre-inspection conferences, sanitation inspections, and other services requested by the applicant and that are performed within 25 miles of the field office. Travel and related expenses (commercial transportation costs, mileage, and per diem) will be assessed in addition to the hourly rate for service beyond the 25-mile limit. Refer to §868.92. Explanation of service fees and additional fees, for all other service fees except travel and per diem.

2When performed at a location other than the Commodity Testing Laboratory.

3Faxed and extra copies of certificates will be charged at $1.50 per copy.

4If performed outside of normal business hours, 112 times the applicable unit fee will be charged.

(b) In addition to the fees, if any, for sampling or other requested service, a fee will be assessed for each laboratory test (original, retest, or appeal) listed in table 2 of this section.

(c) If a requested test is to be reported on a specified moisture basis, a fee for a moisture test will also be assessed.

(d) Laboratory tests referenced in table 2 of this section will be charged at the applicable laboratory fee.

Table 2—Fees for Laboratory Test Services1

Laboratory tests Fees
(1) Aflatoxin (Quantitative—HPLC)$182.00
(2) Aflatoxin (Quantitative—Test Kit)87.00
(3) Aflatoxin (Qualitative—Test Kit)47.00
(4) Appearance and odor7.00
(5) Ash17.00
(6) Brix16.00
(7) Calcium27.00
(8) Carotenoid Color27.00
(9) Cold test (oil)20.00
(10) Color test (syrups)13.00
(11) Cooking tests (pasta)13.00
(12) Crude fat20.00
(13) Crude fiber27.00
(14) Falling number24.00
(15) Free fatty acid24.00
(16) Insoluble impurities (oils and shortenings)9.00
(17) Iron enrichment30.00
(18) Lovibond color20.00
(19) Moisture13.00
(20) Moisture and volatile matter17.00
(21) Oxidative stability index (OSI)54.00
(22) Peroxide Value27.00
(23) Popping ratio38.00
(24) Protein16.00
(25) Sanitation (light filth)47.00
(26) Sieve test11.00
(27) Smoke Point43.00
(28) Solid fat index168.00
(29) Visual exam22.00
(30) Vomitoxin (Qualitative—Test Kit)61.00
(31) Vomitoxin (Quantitative—Test Kit)81.00
(32) Other laboratory analytical services (per hour per service representative)67.00

1When laboratory tests/services are provided for AMS by a private laboratory, the applicant will be assessed a fee, which, as nearly as practicable, covers the costs to AMS for the service provided.

[61 FR 66535, Dec. 18, 1996, as amended 66 FR 17777, Apr. 4, 2001; 69 FR 1894, Jan. 13, 2004]

§868.91   Fees for certain Federal rice inspection services.

The fees for services in paragraph (a) apply to Federal inspection services. Starting with fiscal year 2022, calculations provided in paragraph (b) will be used to determine annual fee rates.

(a) Fees for services are published on the Service's website.

(b) For each fiscal year, starting with 2022, the Administrator will calculate the rates for services, issue a public notice, and publish fees on the Service's website with an effective date of October 1 of each year.

(1) For each year, the Administrator will calculate the rates for services, per hour per inspection program employee using the following formulas:

(i) Regular rate. The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, actual travel expenses may also be added to the cost of providing the service.

(ii) Overtime rate. The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5, plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, actual travel expenses may also be added to the cost of providing the service.

(iii) Holiday rate. The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 2, plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, actual travel expenses may also be added to the cost of providing the service.

(2) For each year, based on previous year/historical actual costs, the Administrator will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime, and holiday rates as follows:

(i) Benefits rate. The Service's total inspection program direct benefits costs divided by the total hours (regular, overtime, holiday) worked, which is then multiplied by the next year's percentage of cost of living increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan (TSP) retirement basic and matching contributions.

(ii) Operating rate. The Service's total inspection program operating costs divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.

(iii) Allowance for bad debt rate. Total allowance for bad debt, divided by total hours (regular, overtime, holiday) worked.

(3) The Administrator will use the most recent economic factors released by the Office of Management and Budget for budget development purposes to derive the cost of living expenses and percentage of inflation factors used in the formulas in this section.

[85 FR 5302, Jan. 30, 2020]

§868.92   Explanation of service fees and additional fees.

(a) Costs included in the fees. Fees for official services in §§868.90 and 868.91 include—

(1) The cost of performing the service and related supervision and administrative costs;

(2) The cost of first-class mail service;

(3) The cost of overtime and premium pay; and

(4) The cost of certification except as provided in §868.92(c).

(b) Computing hourly rates. Hourly fees will be assessed in quarter hour increments for—

(1) Travel from the FGIS field office or assigned duty location to the service point and return; and

(2) The performance of the requested service, less mealtime.

(c) Additional fees. Fees in addition to the applicable hourly or unit fee will be assessed when—

(1) An applicant requests more than the original and three copies of a certificate;

(2) An applicant requests onsite typing of certificates or typing of certificates at the FGIS field office during other than normal working hours; and

(3) An applicant requests the use of express-type mail or courier service.

(d) Application of fees when service is delayed by the applicant. Hourly fees will be assessed when—

(1) Service has been requested at a specified location;

(2) A Service representative is on duty and ready to provide service but is unable to do so because of a delay not caused by the Service; and

(3) FGIS officials determine that the Service representative(s) cannot be utilized elsewhere or cannot be released without cost to the Service.

(e) Application of fees when an application for service is withdrawn or dismissed. Hourly fees will be assessed to the applicant for the scheduled service if the request is withdrawn or dismissed after the Service representative departs for the service point or if the request for service is not withdrawn or dismissed by 2 p.m. of the business day preceding the date of scheduled service. However, hourly fees will not be assessed to the applicant if FGIS officials determine that the Service representative can be utilized elsewhere or if the Service representative can be released without cost to the Service.

(f) To whom fees are assessed. Fees for official services including additional fees as provided in §868.92(c) shall be assessed to and paid by the applicant for the Service.

(g) Advance payment. As necessary, the Administrator may require that fees shall be paid in advance of the performance of the requested service. Any fees paid in excess of the amount due shall be used to offset future billings, unless a request for a refund is made by the applicant.

(h) Time and form of payment—(1) Fees for Federal inspection service. Bills for fees assessed under the regulations for official services performed by FGIS shall be paid by check, draft, or money order, payable to U.S. Department of Agriculture, Federal Grain Inspection Service.

(2) Fees for cooperator inspection service. Fees for inspection services provided by a cooperator shall be paid by the applicant to the cooperator in accordance with the cooperator's fee schedule.

[53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995; 61 FR 66536, Dec. 18, 1996; 85 FR 5302, Jan. 30, 2020]

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