part, relative to checkloading of a proc- 
essed producti subsequent to inspect:on 
thereof. 
(f> “Certificate of sampling” means = 
statement, either written or printed. is- 
sued pursuant to the regulations in this 
part, identifying officially drawn sam- 
pies and may include 2 description of 
condition of containers and the condi- 
tion under which the processed product 
is stored. 
‘g) “Class’ means a grade or rank 
of quality. 
(h} “Condition” means the degree of 
soundness of the product which may 
affect its merchantability and includes, 
put is not limited to those factors which 
are subject to change as a result of age, 
improper preparation and processing, 
improper packaging, improper storage or 
improper handling. 
(;) “Department’® means the United 
States Department of Agriculture. 
(j) “Inspection certificate’ means a 
statement, either written or printed, is- 
sued pursuant to the regulations in this 
part, setting forth in addition to appro- 
priate descriptive information relative 
to a processed product, and the con- 
tainer thereof, the quality 2nc condition, 
or any part thereof. of the product ana 
may include a description of the condi- 
tions under which the product is stored. 
(k) “Inspection service” means: 
(1) The sampling pursuant to the 
regulations in this part; 
(2) The determination pursuant to 
the regulations in this part of: 
(i) Essential characteristics such as 
style, type, size, sirup density or identity 
of any processed product which dif- 
ferentiates between major groups of the 
same kind; 
Gi) The class, quality and condition of 
any processed product, including the 
condition of the container thereof by the 
examination of appropriate samples; 
(3) The issuance of any certificate cf 
sampling, inspection certificates, or cer- 
tificates of loading of a processed prod- 
uct, or any report relative to any of the 
foregoing; or 
(4) Performance by an inspector of 
any related services such as assigning an 
inspector in a processing plant to ob- 
serve the preparation of the product 
from its raw state through each step in 
the entire process, or observe conditions 
under which the product is being pre- 
pered, processed, and packed, or observe 
plant Sanitation as a prerequisite tc the 
Inspection of the processed preduct, 
either on a continuous or periodic basis, 
or check'oid the inspected processed 
product in connection with the market- 
ing of the processed product. 
{]) “Inspector” means any employee 
of ine Department authorizea by the 
Secretary or any other person licensed 
by the Secretary to investigate, sample, 
inspect, and certify in accordance with 
the regulations in this part to any in- 
terested party the class, quality and con- 
dition of processed products covered in 
this part and to perform related duties 
in connection with the inspection service. 
(m) “Interested party” means any 
person who has-a financial interest in 
the commodity involved. 
(n) “Licensed sampler”.means any 
person who is authorized by the Secre- 
tary to draw samples of processed prod- 
ucts for inspection service, to inspect for 
identification and condition of contain- 
ers in a lot, and may, when authorized 
by the Administrator, perform related 
services under the act and the regula- 
tions in this part. 
(o) “Lot” has the roilowing meanings: 
{1} For the purpose of charging fees 
and issuing certificates, “Lot” means any 
number of containers of the same size 
and type which contain a processed prod- 
uct of the same type and style located in 
the same or adjacent warehouses and 
which are available for inspection at any 
one time: Provided, That: 
(i) Processed products in separate 
piles which differ from each other as to 
grade or other factors may be deemed to 
pe separate lots; 
(ii) Containers in a pile bearing an 
identification mark different frcm other 
containers of such processed product 
in that pile, if aeterminec to be of lower 
grace or deficient in other factors, may 
be deemed to be a separate lot; and 
iiii) If the applicant requests more 
than one inspection certificate covering 
different portions of such processed prod- 
uct, the quantity of the product covered 
by each certificate shall be deemed to be 
a separate tot. 
(2) For the purpose of sampling, “Lot” 
means each pile of containers of the 
same size and type containing a processed 
product of the same type and style which 
is separated from other piles in the same 
warehouse, but containers in the same 
pile bearing an identification mark dif- 
ferent from other containers in that pile 
may be deemed to be a separate lot. 
(p) “Officially drawn sample” means 
any sample that has been selected from 
a particular lot by an inspector, licensed 
sampler, or by any other person author- 
ized by the Administrator pursuant to 
the regulations in this part. 
(q) “Person” means any individual, 
partnership, association, business trust, 
corporation, any organized group of per- 
sons (whether incorporated or not), the 
United Statés (including, but not limited 
to, any corporate agencies thereof), any 
State, county, or municipal government, 
any common carrier, and any authorized 
agent of any of ihe foregoing. 
(r) “Plant” means the premises, 
buildings, structures, and equipment (in- 
cluding, but not being limited to, ma- 
chines, utensils, and fixtures) employed 
or used with respect to the manufacture 
or production of processed products. 
(s) “Processed product” means any 
fruit, vegetable, or other food product 
covered under these regulations which 
has been preserved by any recognized 
commercia! process, including, but not 
limited to, canning, freezing, dehydrat- 
ing, drying, the addition of chemical 
substances, or by fermentation. 
(t) “Quality” means the inherent 
properties of any processed product 
which determine the relative degree of 
excellence of such product, and includes 
the effects of preparation and processing, 
and may or may not include the effects 
of packing media, or added ingredients. 
(u) “Sample” means a single con- 
tainer, a single portion of a container, 
any number of containers, or a composite 
mixture of a single type, style or size of 
a single commodity, packed in a single 
size of cantainer, or other unit, as may- 
be designated by the Administrator, to 
be used for inspection. 
(v) “Shipping container’ means an 
individual container designed for ship- 
ping a number of packages or cans ordi- 
narily packed in a container for shipping 
or designed for packing unpackaged 
processed products for shipping. 
(w) “Sampling” means the act of se- 
lecting samples of processed products for 
the purpose of inspection under the reg- 
ulations in this part. 
(x) “Secretary” means the Secretary’ 
of the Department or any other officer 
or employee of the Department author- 
ized to exercise the powers and to per- 
form the duties of the Secretary in 
respect to the matters covered by the 
regulations in this part. 
(y) “Unofficially drawn sample” means 
any sample that has been selected by 
any person other than an inspector 
or licensed sampler, or by any other per- 
son not authorized by the Administrator 
pursuant to the regulations in this part. 
INSPECTION SERVICE 
§ 52.4 Where inspection service is of- 
fered. Inspection service may be fur- 
nished wherever any inspector or 
licensed sampler is available and the 
facilities and conditions are satisfactory 
for the conduct of such service. 
§525 Who may obtain inspection 
service. An application for inspection 
service may be made by any interested 
party, including, but not limited, to, the 
United States and any instrumentality 
or agency thereof, any State, county, 
municipality, or common carrier, and 
any authorized agent in behalf of the 
foregoing. 
§ 52.6 How to make application. An 
application for inspection service May 
be made to the cffice of inspection or to 
any inspector, at or nearest the place 
where the service is desired. An up-to- 
date list of the Inspection Field Offices 
of the Department may be obtained up- 
on request to the Administrator. Satis- 
factcry proof that the applicant is an 
interested party shall be furnished. 
§52.7 Information required in con- 
nection with application. Application 
for inspection service shall be made in 
the English language and may be made 
orally (in person or by telephone), in 
writing, or by telegraph. If an applica- 
tion for inspection service is made orally, 
such application shall be confirmed 
promptly in writing. In connection 
with each application for inspection 
service, there shall be furnished such in- 
formation as may be necessary to per- 
form an inspection on the processed 
product for which application for in- 
spection is made, including but not 
limited to, the name of the product, 
name and address of the packer or plant 
where such product was packed, the lo- 
cation of the product, its lot or car 
number, codes or other identification 
marks, the number of containers, the 
type and size of the containers, the in- 
terest of the applicant in the product, 
whether the lot has been inspected pre- 
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