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or wrappers have been printed, lithographed, or embossed in accordance with the approved sketches or proofs three each of such cartons, labels or wrappers shall be submitted direct or through the inspectors for final approval and filing. Copies of approved labels, cartons, or wrappers shall be kept on file and available for examination by inspectors upon request.** [Reg. 5, sec. 17]
301.39 False or deceptive names prohibited. Trade labels which bear any false or deceptive names shall not be used.*+ [Reg. 5, sec. 18]
301.40 Factory information required. Each process or renovated butter factory shall furnish to authorized inspectors accurate information as to all matters required in making their reports.* [Reg. 6, sec. 1]
PROCESS OR RENOVATED BUTTER INTENDED FOR OR IN THE COURSE OF
INTERSTATE COMMERCE OR FOR EXPORT
301.41 Sampling to determine unwholesomeness of materials used. To determine whether or not materials used in the manufacture of process or renovated butter are deleterious to health or unwholesome in the finished product, a sample of such butter shall be taken.*+ [Reg. 7, sec. 1]
301.42 Methods of sampling. Such sample shall be drawn in the following manner: A sample will be taken from every package of each lot. However, (a) if a lot includes two or more packages from one churning, a sample may be taken from one package only; or (b) if the separate churnings are not indicated, not less than one sample from each 10 tubs may be taken. Additional samples may be taken if, in the opinion of the inspector, such action is necessary to obtain representative samples of such butter.*+ [Reg. 7, sec. 2]
301.43 Samples to be sent to Department for analysis. The samples thus obtained, properly identified, shall be promptly forwarded to the Department for examination and chemical analysis.** [Reg. 7, sec. 3]
301.44 Confiscation of deleterious butter; release for industrial purposes. If such butter is found upon such examination and such chemical analysis to be deleterious to health or unwholesome, and such butter is intended for exportation or shipment into other States, or is in the course of exportation, or in the course of such shipment, the Secretary shall confiscate the same to prevent its use for food purposes. The Secretary may release such butter to its owner for industrial use, upon such conditions as he deems necessary to prevent its use for food purposes.*+ [Reg. 7, sec. 4]
301.45 Sampling of butter suspected of being process or renovated. Any butter suspected of being process or renovated, or adulterated, wherever found will be sampled as herein provided. The samples thus obtained, properly identified, shall be promptly forwarded to the Department for examination and chemical analysis, Page 10
**For statutory and source citations, see note to 301.1.
together with a statement outlining the circumstances of the collection of sample.*+ [Reg. 7, sec. 5]
301.46 Marking of product for exportation. All process or renovated butter intended for exportation or in the course of exportation must be marked as provided in the regulations in this chapter.** [Reg. 7, sec. 6]
301.47 Inspection and certification for export; responsibilities of officers and agents of vessels and transportation companies. All process or renovated butter consigned to a foreign country must be inspected and duly certified before delivery to any vessel, carrier, or transportation company. Officers and agents of vessels and of transportation companies transporting merchandise consigned to foreign countries shall not accept process or renovated butter for transportation and export unless accompanied by an official inspection certificate issued pursuant to the regulations in this chapter, properly dated and countersigned by an inspector. No vessel having on board any process or renovated butter for exportation from any port of the United States will be cleared until the owner or shipper shall obtain an inspection certificate as required by the regulations in this chapter, attesting to the purity, legal composition, and suitability for export of such process or renovated butter.*+ [Reg. 7, sec. 7]
301.48 Export product; applications for inspection. Owners or shippers of process or renovated butter intended for export shall apply for inspection in writing to the Chief of Bureau. The said application shall state the location or place of business of the owner or shipper and the usual place or places where the process or renovated butter may be inspected, the place or places from which it is directly transported to the exporting vessel or transportation company, and the probable frequency of exports.*+ [Reg. 7, sec. 8]
301.49 Designation of inspector to inspect export shipments. The Chief of Bureau shall, upon receipt of such application, designate an inspector for the service required.*+ [Reg. 7, sec. 9]
301.50 Notice to inspector by owner or shipper. The owner or shipper will notify the inspector of every export shipment to be made by him, at least 12 hours in advance, and shall briefly describe the location, form of package, and quantity of process or renovated butter to be inspected. The inspector will not be required to make inspections at two or more places distantly removed from one another if the materials are to be included in one shipment, but the inspection of an entire shipment may be made at the pier' or place of loading for export.** [Reg. 7, sec. 10]
301.51 Places of inspection; reinspection. Inspections of process or renovated butter for export may be made at the place of manufacture and such inspections may also be made at the place of exportation, if inspection has not previously been made, or, in the opinion of the inspector, a reinspection is necessary. The certificate for export will ordinarily be given by the inspector at the factory or at the place where the customs papers for export are prepared.** [Reg. 7, sec. 11]
**For statutory and source citations, see note to s 301.1.
301.52 Inspections on request of transportation companies; prompt inspections. The inspector will examine the merchandise specified with the least possible delay. And it will be the duty of inspectors to examine any process or renovated butter for export, upon the application, formal or informal, of transportation companies or their agents, or any such process or renovated butter about to be loaded for export, whether or not notice thereof has been received.** [Reg. 7, sec. 12]
301.53 Authority of inspectors in matter of inspections; acceptance of stamps, marks, etc., as evidence of purity. Inspectors may make such examination of the process of renovated butter for export in such detail as in their judgment is deemed necessary to show that such butter complies with the law and the regulations. They may take samples of the same and detain the shipment, if deemed necessary, until chemical tests of samples are made. The presence, intact and properly affixed thereon, of the stamps, marks, and labels on a lot of process or renovated butter offered for export from a registered factory or factories may be accepted by an inspector as evidence of purity and of manufacture in accordance with law and the regulations in this chapter, and the prescribed export certificate may then be executed by the inspector. Additional marks or labels may, however, be required by the inspector for the more complete identification of the process or renovated butter to be exported.*+ [Reg. 7, sec. 13]
CROSS REFERENCE: For the marking, labeling, and branding of process or renovated butter, see $$ 301.22-301.39.
301.54 Certificates of export; requirements. The inspector shall complete, countersign, and issue a certificate of export. Such certificate shall be dated, shall show the names of the exporter and consignee, and shall describe the lot of process or renovated butter to which it applies. Such description shall include the State, revenue district, and factory number of every factory represented in the lot, and the number of packages from each factory, their respective weights and the shipping marks. Such certificate shall state that the process or renovated butter in question is the product of a registered factory, of legal composition, and suitable for export. Certificates shall be numbered serially and rendered in triplicate.*+ [Reg. 7, sec. 14]
301.55 Only one certificate for each consignment; exception. Only one certificate shall be issued for each consignment unless otherwise directed by the Chief of Bureau.** [Reg. 7, sec. 15]
301.56 Disposition of original certificates. The original certificate shall be delivered to the shipper and shall be used only for the purpose of effecting the transportation and delivery of the consignment.*+ [Reg. 7, sec. 16]
301.57 Disposition of duplicate certificates. The duplicate of the certificate shall be delivered to the shipper and by him to the agent of the railroad or other carrier which transports the consignment from the United States otherwise than by water, or to the chief officer of the vessel on which the export shipment is made and without
**For statutory and source citations, see note to § 301.1.
which no clearance shall be given to any vessel having aboard any process or renovated butter and shall be used only by these agencies and for the purpose of effecting the transportation of the consignment certified. The chief officer of the vessel shall file such duplicate with the customs officer at the time of filing the master's manifest or the supplemental manifest.** [Reg. 7, sec. 17]
301.58 Disposition of triplicate certificates. The triplicate of the certificate shall be retained by the inspector issuing the same.*+ [Reg. 7, sec. 18]
301.59 Prohibiting use of original and triplicate copies for purpose of duplicate. Under no circumstances shall the original or the triplicate of any certificate be used for the purpose for which it is prescribed by $ 301.57 that the duplicate shall be used.** [Reg. 7, sec. 19]
301.60 Prohibiting receipt for transportation of product without certificate; exceptions. No person operating any steam or sailing vessel, and no railroad or other carrier, shall receive for transportation to any foreign country any process or renovated butter, except ship stores and small quantities exclusively for the personal use of the consignee and not for sale or distribution, unless and until a certificate of inspection covering the same has been issued and delivered as provided in the regulations in this chapter.*+ [Reg. 7, sec. 20]
301.61 Compliance with requirements of foreign countries. All special requirements, if any, of foreign countries in regard to export certificates for process or renovated butter shall be complied with in respect to all certificates issued, provided such requirements are not in violation of the laws of this country or the rules and regulations promulgated under such laws.** [Reg. 7, sec. 21] ANNETTE ISLANDS RESERVE, ALASKA; METLAKAHTLA INDIANS
AND OTHER NATIVES: See Indians, 25 CFR Part 1. ANNUITIES: See Administrative Personnel, 5 CFR Part 53. Employees'
Benefits, 20 CFR Chapters I-III. Indians, 25 CFR Part 224. Pensions, Bonuses, and Veterans' Relief, 38 CFR Chapter I. ANTIQUITIES: See Indians, 25 CFR Part 11. Public Lands: Interior, 43
CFR Part 3. ARCHIVES, THE NATIONAL: See Public Property and Works, 44 CFR
Chapter I. ARKANSAS DRAINAGE: See Public Lands: Interior, 43 CFR Part 117. ARMS, AMMUNITION, ETC., INTERNATIONAL TRAFFIC: See National
Defense, 32 CFR Part 1.
**For statutory and source citations, see note to $ 301.1.