)3 T(^5 I riii !l! pi i i Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924003551524 United States Department of Agriculture, OFFICE OF THE SECRETARY— Circular No. 155. RULES AND REGULATIONS OF THE SECRETARY OF AGRICULTURE UNDER THE FOOD PRODUCTS INSPECTION LAW OF MARCH 3, 1921. Issued August, 1921. WASHINGTON : GOVEENMIDNT PRINTING OFIPICE : 1921 ^--c. '^'»-,^.,^„-TcJ^A^ United States Department op Ageiculture, Bureau of Markets, Washington, D. C, May £6, 1921. Hon. Henry C. Wallace, Secretary of Agriculture. Sir: I haTe the honor to transmit herewith a draft of the rules and regulations of the Secretary of Agriculture under the following provisions of an Act of Congress entitled "An Act Making appropria- tions for the Department of Agriculture for the fiscal year ending June 30, 1922," approved M^rch 3, 1921 (Public No. 367, 66th Congress) — For enabliiig the Secretary of Agriculture to investigate and certify to shippers and otiier interested parties flae quality and condition of fruits, vegetables, poultry, butter, hay, and other perishable farm products, when received in interstate com- merce at such important central markets as the Secretary of Agriculture may from time to time designate, under such rules and regulations as he may prescribe, includ- ing payment of such fees as wiU be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That certificates issued by the authorized agents of the department shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. It is recommended that these rules and regulations be prescribed and promulgated by you pursuant to the authority conferred on you by said provisions which, for convenience, have been designated as the "food products inspection law," to be in force and e£fect on and after July 1, 1921, until amended or superseded by rules and regu- lations hei'eafter prescribed and promulgated tmder said law. These rules and regulations are to take the place of those in effect for similar purposes under the authority of the act making appropriations for the Department of Agriculture for the fiscal year endmg June 30, 1921, approved May 31, 1920. Respectfully, Chester Morrill, Acting Chief of Bureau. Approved: R. W. Williams, Solicitor. (3) a A^ ^6 Department op Ageicultube, Office of the Secretary, Washington. By virtue of the authority vested in the Secretary of Agriculture by the following provisions of an Act of Congress entitled "An Act Making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1922," approved March 3, 1921 (Public 367, 66th Congress), For enabling the Secretary of Agriculture to investigate and certify to shippers and other interested parties liie quality and condition of fruits, vegetables, poultry, butter, hay, and other perishable farm products, when received in interstate com- merce at such important central markets as the Secretary of Agriculture may from time to time designate, under such rules and regtilations as he may prescribe, in- cluding payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That certificates issued by the authorized agents of the department shall be received in all courts of the United States as prima acie evidence of the truth of the statements therein contained. I, Henry C. Wallace, Secretary of Agriculture, do prescribe and promulgate the following rules and regulations to be in force and effect on and after July 1, 1921, until amended or superseded by rules and regulations hereafter prescribed and promulgated under said law. In testimony whereof, I have hereunto set my hand and caused the oflicial seal of the Department of Agri- culture to be affixed, in the District of Columbia, this 17th day of June, 1921. Henry C. Wallace, Secretary of Agriculture. RULES AND REGULATIONS O? THE SECRETARY OF AGRICULTURE UNDER THE FOOD PRODUCTS INSPECTION LAW. Regulation 1. Definitions. Sectiok 1. Words used in these regulations in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. Sec. 2. For the purpose of these regulations, unless the context otherwise require, the following terms shall be construed respectively to mean — Paragraph 1. Food vroducts inspection law. — The following pro- visions of an Act of Congress entitled "An Act making appropria- tions for the Department of Agriculture for the fiscal year ending June 30, 1922," approved March 3, 1921 (Public No. 367, 66th Cong.) : "For enabling the Secretary of Agriculture to investigate and cer- tify to shippers and other interested parties the quality and condition of fruits, vegetables, poultry, butter, hay, and other perishable farm products, when received in interstate commerce at such important central markets as the Secretary of Agriculture may from time to time designate, under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered : Provided, That certificates issued by the authorized agents of the department shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained." Paragraph 2. Secretary. — The Secretary or Acting Secretary of Apiculture of the United States. Paragraph 3. Bureau of Marlcets and Crop Estimates. — The Bureau of Markets and Crop Estimates of the United States Department of Agriculture. Paragraph 4. Food products. — Fruits, vegetables, poultry, butter, cheese, nay, and other perishable farm products. Paragi&ph 5. Food products inspector. — An agent of the Depart- ment 01 Agriculture authorized and designated by the Secretary to iavestigate and certify to shippers and other interested parties the quality and condition of food products under the food products in- spection law. Paragraph 6. Office of food products inspection. — The office of a food products inspector. Paragraph 7. Inspection certificate. — A certificate of the quality and condition of food products issued by a food products inspector under the food products inspection law. Paragraph 8. Regulations. — Rules and regulations of the Secretary xmder the food products inspection law. / Regulation 2. Administration. Section 1 . The Chief of the Bureau of Markets and Crop Estimates is charged with the supervision of the performance of all duties arising in the administration of the food products inspection law. Regulation 3. Markets. SECTiOJisr 1. The following are designated as important central markets at which food products may be inspected for the purposes of the food products inspection law when food products inspectors are available at such markets for the inspection of the kind of foord pro- ducts involved : Akron, Ohio. Albany, N. Y. Alexandria, Va. Allen town. Pa. Altoona, Pa. Anderson, Ind. Appleton, Wis. Atchison, Kans. Atlanta, Ga. Augusta, Ga. Aurora, 111. Austin, Tex. Baltimore, Md. Baton Rouffe, La. Battle Creek, Mich. Bay City, Mich. Beaumont, Tex. Bethlehem, Pa. Birmingham, Ala. Bloomington, 111. Boston, Mass. Bridgeport, Conn. Brockport, N. Y. Brockton, Mass. Buffalo, N. Y. Canton, Ohio. Cedar Rapids, Iowa. Chambersburg, Pa. Chattanooga, Tenn. Cape Charles, Va. Cheyenne, Wyo. Chicago, 111. Chillicothe, Ohio. Cincinnati, Ohio. Cleveland, Ohio. Colorado Springs, Colo. Columbus, Ohio. Concord, N. H. Council Bluffs, Iowa. Dallas, Tex. Danville, 111. Davenport, Iowa. Dayton, Ohio. Delaware, Ohio. DenisoQ, Tex. Denver, Colo. Des Moines, Iowa. Detroit, Mich. Dubuque, Iowa. Duluth, Minn. East St. Louis, 111. Elgin, 111. Elmira, N. Y. Erie, Pa. Evansville, Ind. Pall River, Mass. Flint, Mich. Fort Wayne, Ind. Fort Worth, Tex. Freeport, 111. Galesburg, 111. Galveston, Tex. Gloucester, Mass. Grand Rapids, Mich. Green Bay, Wis. Hagerstown, Md. Hamilton, Ohio. Harrisburg, Pa. Hartford, Conn. Haverhill, Mass. Holyoke, Mass. Houston, Tex. Huntington, W. Va. Indianapolis, Ind. Jackson, Mich. Jacksonville, Fla. Janesville, Wis. Jefferson City, Mo. Jersey City, N. J. Joliet, 111. Joplin, Mo. Kalamazoo, Mich. Kansas City, Kans. Kansas City, Mo. Kenosha, Wis. Kokomo, Ind. Lafayette, Ind. Lancaster, Pa. Lancaster, Ohio. Lansing, Mich. Lawrence, Mass. Leavenworth, Kans. Lexington, Ky. Lima, Ohio. Lincoln, Nebr. Little Rock, Ark. Logsnsport, Ind. Lorain, Ohio. Los Angeles, Calif. Louisville, Ky. Ijowell, Mass. Macon, Ga. Madison, Wis. Manchester, N. H. Marion, Ohio. Marshalltown, Iowa. Memphis, Tenn. Meriden, Conn. Milwaukee, Wis. Minneapolis, Minn. Mobile, Ala. Moline, 111. Montgomery, Ala. Muncie, Ind. Nashville, Tenn. Newark, N.J. Newark, Ohio. New Bedford, Mass. New Britain, Conn. New Canaan, Uonn. New Haven, Conn. New London, Conn. New Orleans, La. New York, N. Y. Northampton, Mass. Niagara Falls, N. Y. Norfolk, Va. Norwalk, Conn. Omaha, Nebr. Oshkosh, Wis. Ottumwa, Iowa. Peoria, 111. Philadelphia, Pa. Pittsburgh, Pa. Port Huron, Mich. Portland, Me. Portland, Oreg. Providence, R. I. Pueblo, Colo. Racine, Wis. Reading, Pa. Richmond, Ind«. Richmond, A'a. Rochester, N. Y. Rockford, 111. Rock Island, 111. Sacramento, Calif. Saginaw, Mich. San Antonio, Tex. San Diego, CaUf. San Francisco, Calif. Savannah, Ga. Scranton, Pa. Sheboygan, Wis. Sherman, Tex. Shreveport, La. Sioux City, Iowa. South Bend, Ind. Spokane, Wash. Springfield, 111. Springfield, Mass. Spiingfield, Mo. Springfield, Ohio. Stamford, Conn. Stockton, Calif. St. Joseph, Mo. St. Louis, Mo. St. Paul, Minn. Superior, Wis. Syracuse, N. Y. Tampa, Fla. Taunton, Mass. Terre Haute, Ind. Toledo, Ohio. Topeka, Kans. Trenton, N. J. Vicennes, Ind. Waco, Tex. Washington, D. C. Waterbury, (^onn. Waterloo, Iowa. Waukegan, 111. Wheeling, W. Va. \Vhite Plains, N. Y. Wichita, Kans. Wichita Falls, Tex. Wilkea-Barre, Pa. AVilmington, Del. Worcester, Mass. York, Pa. Youngstowii, Ohio. Zanesville, Ohio. Regulation' 4. Food Products. Section 1. Fruits, vegetables, poultry, butter, cheese, hay, and other perishable farm products may, to the extent to which mspec- tion facilities therefor are from time to time available, be inspected under the food products inspection law. Regulation 5. Applications for Inspection. Section 1. An application for inspection under the food products inspection law may be made by any person having a financial interest in the food products involved, including the shipper, the receiver, or the carrier, or by any authorized person in behalf of such applicant. Such appMcation shall be filed in the oflice of food products inspection serving the market at which the food products desired to be in- spected have been or are to be received. Sec. 2. Such application may be made in writing, by telegraph, or orally by telephone or otherwise. If made orally, it shall be con- firmed by application in writing or by telegraph stating the facts required by section 3 of this regulation. Sec. 3. Each application shall be in English and shall state (a) the name and post-office address of the applicant and of the person, if any, making the application in his behalf; (b) the names and post- office addresses of the shipper and the receiver; (c) the name of the shipping point and of the destination; (d) the kind and quantity of the food products involved; (e) the identification of the food products by (1) grade, brand, or other marks, if possible, and (2) car initials, car number, and name of dehvering carrier, (3) name or other desig- nation of boat or vessel, (4) name and location of store, warehouse, or other place where the food products are located, or (5) any other necessary information; and (f). the particular quahty or condition concerning which inspection is recjuested, to which may be added the particular time and place at which it is desired that the inspection be made. Sec. 4. Each application shall be deemed filed when deUvered to the proper office oi food products inspection. When such applica- tion is filed a record showing the date and time of filing shall be made in such office. Sec. 6i Any application may, upon request of the applicant or for any noncompliance with the f ooa products inspection law or other regulations, be rejected by the food products inspector in charge of the office of food products inspection in which it is filed, and such food products inspector shall immediately notify the applicant by telegraph or in writing of the reasons for such rejection. Sec. 6. The food products inspector in charge of the office of food products inspection in which an application is filed under these regulations' by a person purporting to act in behalf of another may, if he consider necessary, require proof of the authority of such person to make such application. Regulation 6. Inspection. Section 1. The applicant shall cause the food products of which inspection is requested to be made accessible for inspection under the food products inspection law and these regulations in the market at 8 which received, and to be placed in such condition as may be neces- sary to permit a thorough inspection in order to determine their quality and condition. Sec. 2. Food products inspectors in each market designated under regulation 3 shall make as many inspections as their f acuities permit, as far as practicable in the order in which pending applications therefor, complying with the food products inspection Taw, and these regulations, are filed in the ofiice of food products inspection serving such market. Sec. 3. No food products inspector shall, for the purposes of the food products inspection law, mspect any food products in which he is directly or indirectly financially interested. Sec. 4. A food products inspector may, of his own motion, when authorized by the Chief of the Bureau of Markets and Crop Estimates, investigate the quality and condition of any food products received in interstate commerce at a market designated under regulation 3, and may issue and transmit to the shipper of such food products and other parties interested therein certificates or copies thereof showing the restdts of such investigations. Sec. 5. No food products inspector shall investigate or certify the quality and condition of any food product, under the food products inspection law and these regulations, xmless such food product was received in interstate commerce at an important central market designated by the Secretary. Regulation 7. Inspection Certificates. Section 1. A separate inspection certificate for each lot of food products inspected pursuant to the food products inspection law and these regulations shall be issued and signed by the food products inspector who inspected such lot. Each separate kind of fruit or vegetable shall constitute a lot within the meaning of these regulations, but different varieties of the same fruit or vegetable shall not be considered as different kinds. Sec. 2. The original inspectioa certificate shall, immediately upon its issuance, be mailed or dehvered to the applicant, or to such person as may be designated for the purpose in writing or by tele- graph by the applicant. If requested by the apphcant before the issuance of the original certificate, it shall be accompanied by not to exceed three copies. If the shipper be not the applicant, a copy of the original certificate shall be mailed or delivered to the shipper. Sec. 3. Upon request of the applicant, or person making applica- tion in his behalf, all or any part of the contents of the inspection certificate for which the application was made may be telegraphed or telephoned to him at his expense for telegraph or toll charges. Sec. 4. A copy of each inspection certificate issued shall be filed in, and made a part of the records of, the United States Department of Agriculture. Regulation 8. Reinspections. Section 1. If an applicant for inspection under the food products inspection law be dissatisfied with the determination of the food products inspector who issued the inspection certificate covering such inspection he may, not later than the close of the next business day following the issuance of such inspection certificate, file in the office of food products inspection in which the inspection certificate was issued a request for a reinspection, stating the reasons therefor. For good cause shown the food products inspector in charge of such office may extend the time for filing such request. Sucli request may be made in writing, by telegraph, or orally by telephone or otherwise. If made orally it shall be confirmed in writing or by telegraph. The appUcant shall transmit or deliver to the office of food products inspection the original inspection certificate. Sec. 2. Each such request for reinspection shall be deemed filed when dehvered to the proper office of food products inspection. When so filed a record showing the data and time of filing shall be made in such office. Sec. 3. Eequests for reinspection shall be passed upon by food products inspectors designated for the purpose by the Chief of the Bureau of Markets and Crop Estimates. Sec. 4. If, in the opinion of any such food products inspector, the reasons stated in a request for reinspection are frivolous or unsub- stantial, or the quality or condition of the food products involved has undergone a substantial change since the original inspection, or those regulations have not been compMed with, the request for re- inspection may be denied. Sec. 5. Eeinspections permitted under this regulation shaU, as far as practicable, be made in the order in which Sie requests therefor are ffled, and take precedence over all other pending apphcations. Sec. 6. Immediately after a reinspection has been made, if this regulation has been complied with, an inspection certificate based on such inspection shall be issued and signed by the food products inspector who made the reinspection, and in all other respects the pro- visions of regulation 7 shall apply to such inspection certificate. Such reinspection certificate shall not be issued until the applicant shall have returned to the office of food products inspection the certificate originally issued. Regulation 9. Fees. Section 1. Paragraph 1. For each lot of food products inspected pursuant to these regulations, except under section 4 of regulation 6, a fee determined in accordance with paragraph 2, 3, or 4 of this section shall be paid by the applicant for the service so rendered. At the time of transmitting or filling an application for inspection, the amount of such fee shall, when practicable, be transmitted or delivered to the food products inspector with whom such applica- tion is required to be filed in accordance with these regulations. If the correct amount in accordance with this section be not so trans- mitted or dehvered, the amount due, if any, shall be transmitted or delivered to such food products inspector immediately upon demand by him or the Chief of the Bureau of Markets and Crop Estimates. Payment of the fee shall be by check, certified if required by the Chief of the Bureau of Markets and Crop Estimates, or by post office or express money order, payable to the order of "Disbursing Clerk, United States Department of Agriculture," and shall not be made in cash. If any amount, or portion thereof, paid for inspec- tion services under these regulations be found by the Chief of the 10 Bureau of Markets and Crop Estimates not due for such services, it shall be returned to the person entitled thereto. Moneys received and found to be due the United States under these regulations shall be deposited in the Treasury as miscellaneous receipts. Paragraph 2. For each lot of food products other than butter and cheese inspected pursuant to these regulations, except under sec- tion 4 of regulation 6, the fee shall be as follows: $4.00 when the quantity involved is more than one-half of a carload of the maximum customary size for such food products but not more than a full car- load; and $2.50 when the quantity involved is not more than one- half of such a carload, but the maximum fee for any carload not exceeding the maximum customary size_ shall be $7.50. _ When the lot involved is in excess of a carload, or is not contained in cars, the quantity shall be calculated in terms of carloads, and fractions tbereof, of the maximum customary size for such products, and the rates aforesaid applied. Paragraph 3. For each lot of butter inspected pursuant to these regulations, except under section 4 of regulation 6, the fee shaJl be on the basis of the approximate net weight of the butter in such lot, as follows : (o) When each separate churning is not indicated by number or otherwise on the packages — For 1,500 pounds or less $1. 00 For more than 1,500 pounds but not more than 3,000 pounds 1. 50 For more than 3,000 pounds but not more than 6,000 pounds 2. 00 For more than 6,000 poimds but not more than 10,000 pounds 2. 50 For each additional 10,000 pounds or fraction thereof beyond 10,000 pounds an additional amount of 50 (b) When each separate churning is indicated by number or otherwise on the packages — For seven churnings or less 1. 00 For each additional churning beyond seven an additional charge of 10 Paragraph 4. For each lot of cheese inspected pursuant to these regulations, except under section 4 of regulation 6, the fee shall be based on the gross number of packages of cheese in such lot, as fol- lows : (a) When each separate factory vat number is not indicated by number or otherwise on the packages — For 25 packages or less $1.00 For more than 25 packages but not more than 50 packages 1. 50 For more than 50 packages but not more than 100 packages 2. 00 For more than 100 packages but not more than 200 pack^es 2.50 For each additional 100 packages or fraction thereof an additional amount of . 50 (6) When each separate factory vat number is indicated by number or other- wise on the packages — For seven vats or less 1.00 For each additional vat nimiber beyond seven an additional amount of 10 Paragraph 5. Such further charges may be made for traveling expenses and other items paid or incunod by the Department oi Agriculture in connection with an inspection made at a designated market where no food products inspector is located, as will reimburse the Department. Paragraph 6. For not to exceed three copies of a certificate fur- nished to any person financially interested m the food products in- volved, except as provided in section 2 of regulation 7, and section 4 of regulation 6, the fee shall be $1.00. 11 Paragraph 7. Whenever by reinspection under regulation 8 it is found that there was a material error in the determination based upon the original inspection, no fee shall be considered to be due for such reinspection. Regulation 10. Publications. Section 1. Publications under the food products inspection law and these regulations shall be made in Service and Eegulatory Announcements of the Bureau of Markets and Crop Estimates and such other media as the chief of that bureau may from time to time designate for the purpose. ADDITIONAL COPIES OF THIS PUBLICATION MAT BE PEOCUEED FEOM THE SUPERINTENDENT OF DOCUMENTS GOVEENMENT PEINTING OFFICE WASHINGTON, D. C. AT 5 CENTS PER COPY V Cornell University Library TX 531.R93 Rules and regulations of the secretary o 3 1924 003 551 524 M