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Inspections will ordinarily be performed by employees under the Administrator who are employed as Federal Government employees for that purpose. However, any person employed under any joint Federal-State inspection service arrangement may be licensed, if otherwise qualified, by the Secretary to make inspections in accordance with this part on such processed products as may be specified in his license. Such license shall be issued only in a case where the Administrator is satisfied that the particular person is qualified to perform adequately the inspection service for which such person is to be licensed. Each such license shall bear the printed signature of the Secretary and shall be countersigned by an authorized employee of the Department. An inspector shall perform his duties pursuant to the regulations in this part as directed by the Administrator. § 52.32 Suspension or revocation of license of licensed sampler or licensed inspector.

Pending final action by the Secretary, the Administrator may, whenever he deems such action necessary, suspend the license of any licensed sampler, or licensed inspector, issued pursuant to the regulations in this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within seven days after the receipt of the aforesaid notice and statement of reasons by such licensee, he may file an appeal, in writing, with the Secretary supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the expiration of the aforesaid seven days period and consideration of such argument and evidence, the Secretary shall take such action as he deems appropriate with respect to such suspension or revocation.

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SAMPLING

§ 52.34 How samples are drawn by in

spectors or licensed samplers.

An inspector or a licensed sampler shall select samples, upon request, from designated lots of processed products which are so placed as to permit thorough and proper sampling in accordance with the regulations in this part. Such person shall, unless otherwise directed by the Administrator, select sample units of such products at random, and from various locations in each lot in such manner and number, not inconsistent with the regulations in this part, as to secure a representative sample of the lot. Samples drawn for inspection shall be furnished by the applicant at no cost to the Department.

§ 52.35 Accessibility for sampling.

Each applicant shall cause the processed products for which inspection is requested to be made accessible for proper sampling. Failure to make any lot accessible for proper sampling shall be sufficient cause for postponing inspection service until such time as such lot is made accessible for proper sampling.

§ 52.36 How officially drawn samples are to be identified.

Officially drawn samples shall be marked by the inspector or licensed sampler so such samples can be properly identified for inspection.

§ 52.37 How samples are to be shipped.

Unless otherwise directed by the Administrator, samples which are to be shipped to any office of inspection shall be forwarded to the office of inspection serving the area in which the processed products from which the samples were drawn is located. Such samples shall be shipped in a manner to avoid, if possible, any material change in the quality or condition of the sample of the processed product. All transportation charges in connection with such shipments of samples shall be at the expense of the applicant and wherever practicable, such charges shall be prepaid by him.

§ 52.38 Sampling plans and procedures for determining lot compliance. (a) Except as otherwise provided for in this section in connection with in

plant inspection and unless otherwise approved by the Administrator, samples shall be selected from each lot in the exact number of sample units indicated for the lot size in the applicable sampling plans: Provided, That at the discretion of the inspection service the number of sample units selected may be increased to the exact number of sample units indicated for any one of the larger sample sizes provided for in the appropriate plans.

(b) Under the sampling plans with respect to any specified requirement:

(1) If the number of deviants (as defined in connection with the specific requirement) in the sample does not exceed the acceptance number prescribed for the sample size, the lot meets the requirement;

(2) If the number of deviants (as defined in connection with the specific requirement) in the sample exceeds the acceptance number prescribed for the sample size, the lot fails the requirement.

(c) If in the conduct of on-line inplant inspection of a product covered by a grade standard which does not contain sampling plans, the sample is examined before the lot size is known and the number of sample units exceeds the prescribed sample size for such lot, but does not equal any of the prescribed larger sample sizes, the lot may be deemed to meet or fail a specific requirement in accordance with the following procedure:

(1) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample does not exceed the acceptance number of the next smaller sample size, the lot meets the requirement;

(2) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample equals the acceptance number prescribed for the next larger sample size, additional sample units shall be selected to increase the sample to the next larger prescribed sample size;

(3) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample exceeds the acceptance number prescribed for the next larger sample size, the lot fails the requirement.

(d) In the conduct of on-line in-plant inspection, sampling may be performed on a time interval basis. The sampling frequency shall be specified in an applicable grade standard or other procedural instruction approved by the Administrator.

(e) In the event that the lot compliance determination provisions of a standard or specification are based on the number of specified deviations instead of deviants the procedures set forth in this section may be applied by substituting the word "deviation" for the word "deviant" wherever it appears.

(f) Sampling plans referred to in this section are those contained in Tables I, II, III, IV, and V and (g) (1) and (g) (2) of this section which follow or any other plans which are applicable. For processed products not included in these tables, the minimum sample size shall be the exact number of sample units prescribed in the table, container group, and lot size that, as determined by the inspector, most closely resembles the product, type, container, size and amount of product to be sampled.

(g) (1) Sampling plan for dried figs. For each 10,000 pounds (or fraction of 10,000 pounds) of product-6 sample units of approximately 35 figs each accumulated into 1 composite (at least 200 figs). Each composite will be examined separately, and all must meet the requirement for the U.S. Grade.

(2) Sampling plan for dried fruits other than dates and figs. For each 15,000 pounds (or fraction of 15,000 pounds) of product-sample units of approximately 16 ounces each accumulated into 1 composite (at least 100 ounces). Each composite will be examined separately and all must meet the requirements for the U.S. Grade.

SAMPLING PLANS AND ACCEPTANCE LEVELS

Table I.-Canned or similarly processed fruits, vegetables, and products containing units of such size and character as to be readily separable

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Lot size (number of containers) 1

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42, 001-72,500

39,001-84,000 84, 001-145, 000 145, 001-228, 000 228, 001-336,000 19, 501-42, 000 72, 501-114,000 114, 001-168, 000

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751-3,000

3,001-9,750

9, 751-21, 000

21,001-36, 250

36, 251-57, 000

57, 001-84,000

84, 001-120,000

exceeding that of a No. 303 size can.
Group 2: Any type of container of a volume
exceeding that of a No. 303 size can but not
exceeding that of a No. 3 cylinder size can.
Group 3: Any type of container of a volume 750 or less..
exceeding that of a No. 3 cylinder size

can, but not exceeding that of a No. 12 size can.

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Convert to equivalent number of 6 pound net weight containers and use group 3

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1 Under on-line in-plant inspection, a 5 percent overrun in number of
containers may be permitted by the inspector before going to the next
larger sample size.

a When a standard sample unit size is not specified in the U.S. grade
standards, the sample units for the various container size groups are

32

61

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as follows: Groups 1, 2, and 3-1 container and its entire contents. Group 4 approximately 2 pounds of product. When determined by the inspector that a 2-pound sample unit is inadequate, a larger sample unit may be substituted.

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Table II.-Frozen or similarly processed fruits, vegetables, and products containing units of such size and character as to be readily separable

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Group 3: Any type of container over 22 pounds.

Lot size (number of containers)1

31,201-67,200 67,201-116,000 116,001-182,400 182, 401-268,800 268,801-384,00 15, 601-33,600 33,601-58,000 58,001-91,200 91, 201-134,400 134,401-192,000

Convert to equivalent number of 21⁄2-pound containers and use group 2

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1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.

2 When a standard sample unit size is not specified in the U.S. standards, the sample units for the various groups are as follows: Groups 1 and 2--1 container and its entire

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contents. Group 3 containers up to 10 pounds-approximately 3 pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit of 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 pounds.

Table III.-Canned, frozen, or otherwise processed fruits, vegetables, related products of a comminuted, fluid or homogeneous state

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Lot size (number of containers) 1

18. 001-58, 500 58, 501-126, 000 126, 001-217,000 217,001-342, 000 342, 001-504,000 504, 001-720, 000 12,001-39, 000 39,001-84,000 84, 001-145, 000 145, 001-228, 000 228, 001-336,000 336, 001-480, 000 72, 501-114,000 114, 001-168,000 168, 001-240,000

Convert to equivalent number of 6-pound containers and use group 3

4,500 or less..

4, 501-18, 000

Group 2: Any type of container exceeding 1 pound but not exceeding 60 ounces. Group 3: Any type of container exceeding 60 ounces but not exceeding 10 pounds. Group 4: Any type of container exceeding 10 pounds.

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6, 001-19, 500

19, 501-42,000 42, 001-72, 500

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1 Under on-line in-plant inspection, a five percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size.

2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3-1

container and its entire contents. A smaller sample unit may be substituted in group 3 at the inspector's discretion. Group 4-approximately 16 ounces of product. When determined by the inspector that a 16-ounce sample unit is inadequate, a larger sample unit may be substituted.

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Group 2: Any type of container over 1 pound 600 or less.

but not over 6 pounds net weight.

Group 3: Any type of container over 6

pounds.

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Convert to equivalent number of 5-pound containers and use group 2

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1 Under on-line in-plant inspection, a 5 percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 When a standard sample unit size is not specified in the U.S. grade standards,

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the sample units for the various container size groups are as follows: Group 1-1 container and its entire contents. Groups 2 and 3-1 container and its entire contents or a smaller sample unit when determined by the inspector to be adequate.

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Group 2: Any type of container over 1 pound 800 or less.

but not over 5 pounds net weight.

Group 3: Any type of container over 5

2, 401-9, 600 801-3, 200

9, 601-31, 200 3, 201-10, 400

31, 201-67, 200 67, 201-116, 000 10, 401-22, 400 22, 401-38, 667

116, 001-182, 400 38, 668-60, 800

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Convert to equivalent number of 5-pound containers and use group 2.

Container size group

pounds.

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1 Under in-line in-plant inspection, a five percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size.

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posite sample of 25 ounces of product may be formed from the 3-sample units in the smallest sample size, and 2-composite samples of 25 ounces each may be formed from the 6-sample units in the next to smallest sample size. Sample units in larger sample sizes may not be further composited.

2 Samples consist of 25-ounce sample units, each of which may be a composite of product from a sufficient number of individual containers from 1 case to make up the weight. When previous inspection results from a particular source so indicate, 1-com138 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973, as amended at 40 FR 48934, Oct. 20, 1975]

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