same kind; 



(ii) 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 of 

 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- 

 pared, procestea, and packed, or observe 

 plant sanitation as a prerequisite to the 

 inspection of the proces^d product, 

 either on a continuous or periodic basis, 

 or check'Oiid the inspected processed 

 product in connection with the market- 

 ing of the processed product. 



(1» "Inspector" means any employee 

 of ihe Department authorized 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. 



(mi "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. 



(0 ) "Lot" has the following 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 separata 

 piles which differ from each other as to 

 grade or other factors may be deemed to 

 be separate lots; 



(ii) Containers in a pile bearing an 

 identification mark different from other 

 containers cf such processed product 

 In that pile, if Determined to be of lower 

 grade 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 lot. 



(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 States (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 the foregoing. 



(r) "Plant" means the premises, 

 buildings, structures, and equipment (in- 

 cluding, but not being limited to, ma- 

 chines, uten.ils, 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 

 commercial 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 container, 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. 



§ 52.3a Designation of official certifi- 

 cates, memoranda, marks, other identi- 

 fications, and devices for purposes of 

 the Agricultural Marketing Act. Sub- 

 section 203 (h) of the Agricultural Mar- 

 keting Act of 1946, as amended by Public 

 Law 272. 84th Congress, provides crimi- 

 nal penalties for various specified of- 

 fenses relating to official certificates, 

 memoranda, marks or other identifica- 

 tions, and devices for making such marks 

 or identifications, issued or authorized 



under section 203 of said act, and cer- 

 tain misrepresentations concerning the 

 inspection or grading of agricultural 

 products under said section. For the 

 purposes of said subsection and the pro- 

 visions in this part, the terms listed 

 below shall have the respective meanings 

 specified : 



(a) "Official certificate" means any 

 form of certification, either written or 

 printed, including those defined in § 52.3, 

 used under this part to certify with re- 

 spect to the inspection, class, grade, 

 quality, size, quantity, or condition of 

 products (including the compliance of 

 products with applicable specifications). 



(b) "Official memorandum" means 

 any initial record of findings made by an 

 authorized person in the process of grad- 

 ing, inspecting, or sampling pursuant to 

 this part, any processing or plant-opera- 

 tion report made by an authorized per- 

 son in connection with grading, inspect- 

 ing, or sampling under this part, and 

 any report made by an authorized per- 

 son of services performed pursuant to 

 this part. 



(c) "Official mark" means the grade 

 mark, inspection mark, combined form 

 of inspection and grade mark, and any 

 other mark, or any variations in such 

 marks, including those prescribed in 

 § 52.53, approved by the Administrator 

 and authorized to be affixed to any 

 product, or affixed to or printed on the 

 packaging material of any product, 

 stating that the product was graded or 

 inspected or both, or indicating the ap- 

 propriate U. S. grade or condition of the 

 product, or for the purpose of maintain- 

 ing the identity of products graded or 

 inspected or both under this part. 



(d) "Official identification" means 

 any United States (U. S.) standard des- 

 ignation of class, grade, quality, size, 

 quantity, or condition specified in this 

 part or any symbol, stamp, label, or seal 

 indicating that the product has been 

 graded or inspected and/or indicating 

 the class, grade, quality, size, quantity, 

 or condition of the product approved by 

 the Administrator and authorized to be 

 affixed to any product, or affixed to or 

 printed on the packaging material of any 

 product. 



(e) "Official device" means a stamp- 

 ing appliance, branding device, stencil, 

 printed label, or any other mechanically 

 or manually operated tool that is ap- 

 proved by the Administrator for the pur- 

 pose of applying any official mark or 

 other identification to any product or 

 the packaging material thereof. 



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. 



§ 52.5 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. 



