employees immediately after closing, and containers which are defectively filled, defectively closed, or show inadequate vacuum, shall not be processed until the defect has been corrected. The containers shall again be inspected by plant employees, when they have cooled sufficiently for handling after processing by heating. The contents of defective containers shall be condemned unless correction of the defect is accomplished within six hours following the sealing of the containers or completion of the heat processing, as the case may be, except that: (i) If the defective condition is discovered during an afternoon run the cans of product may be held in coolers at a temperature not exceeding 38° F. under conditions that will promptly and effectively chill them until the following day when the defect may be corrected; (ii) short vacuum or overstuffed cans of product which have not been handled in accordance with the above may be incubated under the supervision of an inspector, after which the cans shall be opened and the sound product passed for food; and (iii) short vacuum or overstuffed cans of product of a class permitted to be labeled "Perishable, Keep Under Refrigeration", and which have been kept under adequate refrigeration since processing may be opened and the sound product passed for food.

(5) Canned products shall not be passed unless, after cooling to atmospheric temperature, they show the external characteristics of sound cans. Such cans shall not be overfilled; the ends shall be concave; there shall be no bulging; and there shall be no slack or loose tin.

(6) All canned products shall be plainly and permanently marked on the containers, by code or otherwise, with the identity of the contents and date of canning. The code used and its meaning shall be on record in the office of the inspector in charge.

(7) Canned product must be processed at such temperature and for such period of time as will assure keeping without refrigeration under usual conditions of storage and transportation when heating is relied on for preservation, with the exception of those canned products which are processed without steam-pressure cooking by permission of the national supervisor and labeled "Perishable, Keep Under Refrigeration".

(8) Lots of canned product shall be identified, during their handling preparatory to heat processing, by tagging the baskets, cages, or cans with a tag which will change color on going through the heat processing or by other effective means which will positively preclude failure to heat process after closing.

(9) Facilities shall be provided to incubate at least representative samples of fully processed canned product. The incubation shall consist of holding the canned product for at least 10 days at about 98° F.

(10) The extent to which incubation tests shall be required depends on conditions such as the record of the plant in conducting canning operations, the extent to which the plant furnishes competent supervision and inspection in connection with the canning operations, the character of the equipment used, and the degree to which such equipment is maintained at maximum efficiency. Such factors shall be considered by the regional supervisor in determining the extent of incubation testing at a particular official plant. `

(11) In the event of failure, by an official plant to provide suitable facilities for incubation of test samples, the inspector in charge may require holding of the entire lot under such conditions and for such period of time as may, in his discretion, be necessary to establish the stability of the product.

(12) The inspector in charge may permit lots of canned product to be shipped from the official plant prior to completion of sample incubation when he has no reason to suspect unsoundness in the particular lots, and under circumstances which will assure the return of the product to the plant for reinspection should such action be indicated by the incubation results.

(0) Preparation of dog food or similar uninspected article at official plants; edible products department; inedible products department. (1) When dog food, or similar uninspected article is prepared in an edible product department, there shall be sufficient space allotted and adequate equipment provided so that the preparation of the uninspected article in no way interferes with the handling or preparation of products. Where necessary, separate equipment shall be provided for the uninspected article. To assure the maintenance of sanitary conditions in the edible product

departments, the operations incident to the preparation of the uninspected article will be subject to the same sanitary requirements that apply to all operations in the edible product departments. The preparation of the uninspected article shall be limited to those hours during which the plant generally operates under inspectional supervision. That is, there shall be no handling, other than receiving at the plant, of any of the meat, meat byproducts, or meat food product ingredient of the uninspected article, other than during the regular hours of inspection. The materials used in the preparation of the uninspected article shall not be such as would interfere with the inspection of product or the maintenance of sanitary conditions in the department. The uninspected article may be stored in, and distributed from, edible product department: Provided, That adequate facilities are furnished, that there is no interference with the maintenance of sanitary conditions, and that it is properly identified.

(2) When dog food, or similar uninspected article is prepared in a part of an official plant other than an edible product department, the area in which such product is prepared shall be separate and distinct from edible product departments. Edible or inedible byproducts (but not diseased carcasses or diseased parts thereof) may be brought from the eviscerating department into the area in which the uninspected article is prepared, but there shall be no return of any product into an edible product department, excepting the finished product in sealed containers, or as provided in paragraph (f) (4) of this section. Trucks or containers shall be cleaned before being returned to an edible product department. Unoffensive finished and packaged dog food, or other uninspected product may be stored in and distributed from edible product departments, if packaged in clean, properly identified, sealed containers. Sufficient space must be allotted and adequate equipment provided so that the preparation of the uninspected article does not interfere with the proper functioning of the other operations of the plant. The preparation of the uninspected product must be such as not to interfere with the maintenance of general sanitary conditions on the premises and it shall be subject to inspectional supervision. However, the sanitary requirements given in these in

structions for edible product departments shall not necessarily, in every respect, apply to inedible product departments.

(3) Dog food, or other animal food prepared in an inedible product department shall be distinguished from articles of human food, so as to avoid the distribution of such animal food as human food. To accomplish this, labeling of hermetically sealed, conventional retail size containers, as for example, “dog food" will be considered sufficient. If not in such containers, the product must not only be properly identified, but it must be of such character or so treated (denatured or decharacterized) as to be readily distinguishable from an article of human food.

(p) Contamination of product by polluted water, etc.; procedure for handling. (1) Any product which has been contaminated by polluted water (including, but not being limited to flood water and harbor water) shall be condemned.

(2) After the polluted water has receded, the official plant shall, under the supervision of an inspector, thoroughly cleanse all walls, ceilings, posts, and floors of the rooms and compartments involved, including the equipment therein. An adequate supply of hot water, under pressure, is essential for effective cleansing of the rooms and equipment. After cleansing, a solution of sodium hypochlorite containing approximately 2 of 1% available chlorine (5,000 parts per million), or other disinfectant approved by the national supervisor should be applied to the surface of the rooms. Where the solution has been applied to equipment which will afterwards contact any product, the equipment shall be rinsed with clean water before being used. All metal should be rinsed with clean water to prevent corrosion.

(3) Hermetically sealed containers of product which has been submerged or otherwise contaminated by polluted water, shall be rehandled promptly under supervision of an inspector as follows:

(1) Separate and condemn all product, the containers of which are swollen, leaky, or otherwise suspicious.

(ii) Remove paper labels and wash the containers in warm soapy water, using a brush where necessary to remove rust or other foreign material; immerse in a solution of sodium hypochlorite containing not less than 100 parts per million of

available chlorine or other disinfectant approved specifically for this purpose by the national supervisor; and rinse in clean fresh water and dry thoroughly. Containers which show extensive rusting or corrosion, such as might materially weaken the container, shall if showing adequate vacuum be opened under the supervision of an inspector. Product from such cans which is found by the inspector to be sound and wholesome shall be passed for food.

(iii) After handling as in subdivision (ii) of this subparagraph the containers may be relacquered, if necessary, and then relabeled with approved labels applicable to the product therein.

(iv) The identity of the canned product shall be maintained throughout all stages of the rehandling operation to insure correct labeling of the containers. [Reg., June 6, 1947, 12 F.R. 3802]

NOTE: These instructions were in effect prior to September 11, 1946.

§ 56.102 Form of application for inspection. (a) Whenever any person desires that authority be granted for the inspection of dressed poultry and dressed domestic rabbits and edible products thereof, for condition and wholesomeness, pursuant to the regulations of this part, he shall apply for such authority by submitting to the Assistant Administrator a properly completed application, in duplicate, in the following form: APPLICATION FOR INSPECTION OF DRESSED POUL

TRY AND DRESSED DOMESTIC RABBITS AND EDIBLE PRODUCTS THEREOF FOR CONDITION AND WHOLESOMENESS

Application is hereby made, in accordance with the revised rules and regulations governing the inspection and certification of dressed poultry and dressed domestic rabbits and edible products thereof for condition and wholesomeness (7 CFR and Supps. 56.1 et seq.), for inspection of products at the following designated plant:

certificate, covering each lot of dressed poultry or dressed domestic rabbits inspected, will be furnished.

(2) When desired by the applicant, a food product inspection certificate or an export certificate, or both, will be furnished with respect to any inspected and certified edible product.

(3) Payment for inspection service covering the full costs of such service shall be made by the applicant to the Administration not later than thirty (30) days from date of billing. The full costs shall comprise such of the following items as are included in the invoice or invoices covering the period during which the inspection service is rendered:

(1) The amount of the salary of each inspector who is provided to perform the inspection service;

(11) An amount to cover all annual leave accrued by each such inspector while performing the inspection service at the designated plant;

(ill) An amount to cover all sick leave taken by each such inspector to the extent sick leave accrued during the performance of the inspection service at the designated plant;

(iv) Traveling and subsistence expenses incurred by the Administration in connection with each such inspector performing the inspection service covered by this application;

(v) An amount equal to fifteen (15%) percent of the total of the amounts prescribed in (i), (ii) and (iii) of this paragraph (3) to cover the approximate overhead for administrative and other costs and expenses incurred by the Administration in rendering inspection service pursuant to the aforesaid rules and regulations;

(vi) Such costs as may be incurred by the Administration in providing a period of training for each person assigned as an inspector in the designated plant; and

(vii) A pro rata part of the salaries of the regional supervisors and assistant regional supervisors of the poultry inspection service.

(4) All edible products handled by the applicant at the designated plant shall be inspected for condition and wholesomeness; and no edible product which had not been inspected for condition and wholesomeness shall be brought into such plant.

(5) The applicant shall furnish such records of processing, packaging, and output of products as may be requested by the Administration.

(6) The applicant will furnish such stenographic and clerical assistance as may be necessary in typing certificates and handling correspondence in connection with the inspection service covered by this application.

(7) Whenever operations at the designated plant are temporarily discontinued, any inspector furnished by the Administration to perform inspection service at such plant may perform such disease or quality control services as may be deemed appropriate by the

Administration and agreed to by the appli

cant.

(8) The Administration will not be responsible for damages accruing through any errors of commission or omission on the part of its inspectors when engaged in rendering inspection service.

(9) The inspection service herein applied for shall be provided at the designated plant and shall be continued until the service is suspended, withdrawn, or terminated (1) by mutual consent; (11) by thirty (30) days' written notice given by either party to the other party specifying the date of termination; (ii) pursuant to the aforesaid rules and regulations; (iv) upon one (1) day's written notice by the Administration to the applicant, if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the costs of the inspection service as herein provided, or if applicant fails to comply with the terms and conditions hereof.

(b) Additional conditions:

(c) All terms used herein shall have the meaning applicable to such terms when used in the aforesaid rules and regulations and instructions.

(b) The provisions of this section shall become effective thirty (30) days after publication in the FEDERAL REGISTER. (June 11, 1947) [Reg., June 6, 1947, effective 30 days after June 11, 1947, 12 F.R. 4169, 4172]

§ 56.151 Marking of containers of inspected and certified edible products for shipment from one official plant to another official plant. (a) Each container of inspected and certified edible products to be shipped from one official plant to another official plant for further processing shall be marked for identification and show the following information:

(1) The name of the inspected and certified edible products in the container; (2) The name and address of the packer or distributor of such products; (3) The net weight of the contents;

and

(4) The inspection mark permitted to be used pursuant to § 56.42 of the revised rules and regulations governing the inspection and certification of dressed poultry and dressed domestic rabbits and edible products thereof for condition and wholesomeness (7 CFR, 1945 Supp., 56.1 et seq.).

(b) All terms used in this section shall have the same meaning applicable to such terms when used in the aforesaid revised rules and regulations. [Reg., Dec. 17, 1947, effective Feb. 1, 1948, 12 F.R. 8723]

PART 101-COTTON WAREHOUSES

Sec.

DUTIES OF LICENSED WAREHOUSEMEN

as well as cotton received thereafter. At or before the beginning of each season every licensed warehouseman shall file with the Department a copy of his rules, if any, and of his schedule of charges for the ensuing season. Should a licensed warehouseman wish to make changes in his rates to become effective at any time other than at the beginning of a season, he shall file with the Department an amended schedule showing the contemplated changes, accompanied by a statement setting forth the reasons therefor. No increase in the storage rate shown in such an amended schedule shall apply to cotton in storage at the time the changes become effective. A licensed warehouseman may demand payment of all accrued charges at the close of each

cotton season.

If, upon demand, the owner of the cotton refuses to pay such charges at the end of a season, the warehouseman may take such action to enforce collection of his charges as is permitted by the laws of the State in which the warehouse is located. Each licensed warehouseman shall keep a copy of his current rules and schedule of charges exposed conspicuously in the place prescribed by § 101.6 and at such other place accessible to the public as the Secretary or his designated representative may from time to time designate. For the purposes of this section the cotton season shall commence, with respect to each warehouse, at such time not later than September 15 of each year, as the operator of the warehouse shall select, and he shall notify the Department in writing not less than five days next preceding the date selected.

The principal purposes of this amendment is to change the cotton season contemplated by the regulation from an arbitrary fixed yearly period commencing on August 1 of each year to a flexible period commencing, at the option of each warehouseman, at any time not later than September 15 of each year. The change is being made at the request of the warehousemen themselves, largely because rapid fluctuations in the wages of labor make it impossible for them, on August 1 of any year, to foretell what their labor costs will be at the time cotton is likely to be presented to them for storage. Some of them have labor contracts that expire, for instance, on or before July 31 and others between August 1 and September 1. It is also to the public interest that the rates established for storage shall reflect, as accurately as possible, the cost of service at the time when a particular season, as it affects each individual warehouseman, arrives. The effect of the change is to relieve exist

ing restrictions. In order to make the change effective this season, action must be taken immediately since cotton picking has already commenced in some areas. For these reasons, notice and public procedure thereon, as provided for in section 4 (a) of the Administrative Procedure Act (act of Congress approved June 11, 1946, 60 Stat. 238), are impracticable and contrary to the public interest and there is good cause for finding that compliance with the publication requirements of section 4 (c) of said act is unnecessary. (Sec. 28, 39 Stat. 490; 7 U.S.C. 268) [Reg., July 9, 1947, effective July 15, 1947, 12 F.R. 4665]

(e) Designated representative. The Administrator.

(f) Administrator. The Administrator, Production and Marketing Administration, or any officer or employee of that Administration to whom the Administrator has heretofore lawfully delegated, or to whom the Administrator may hereafter lawfully delegate the authority to act in his stead.

(g) Administration. The Production and Marketing Administration of the Department of Agriculture. [Paragraphs (e), (f) and (g) amended Oct. 15, 1947, effective Oct. 21, 1947, 12 F.R. 68511