P&SA will maintain and make available for public inspection and copying a current index providing identifying information for staff manuals and instructions and other records made available pursuant to § 204.3.

§ 204.5 Facilities for inspection; copies. Facilities for public inspection and copying of the material made available pursuant to §§ 204.3 and 204.4 will be provided upon request to the Executive Assistant to the Administrator, Packers and Stockyards Administration, Room 3052, South Building, U.S. Department of Agriculture, Washington, D.C. Copies of such material may also be obtained in person or by mail. Applicable fees will be charged for making copies as prescribed by the Director, Office of Plant and Operations, Department of Agriculture. § 204.6

Requests for identifiable rec

ords. Requests for P&SA records, pursuant to 5 U.S.C. 552 (a) (3), shall (a) be made in writing to the Executive Assistant to the Administrator, Packers and Stockyards Administration, South Building, Room 3052, U.S. Department of Agriculture, Washington, D.C. 20250, and (b) identify each record sought with reasonable specificity. Requests may be submitted in person or by mail. Requests may be submitted in person during regular hours of business.

§ 204.7 Delegation of authority.

Subject to § 204.11 of this part, the Executive Assistant to the Administrator is authorized to act, on behalf of P&SA, on all requests for records in accordance with 5 U.S.C. 552, as implemented by this part.

P&SA will promptly make available all P&SA records requested in accordance with § 204.6 except exempt records as described in § 204.9.

§ 204.9 Exempt records.

Exempt records of P&SA include the following:

(a) Matters that are related solely to the internal personnel rules and practices of the Agency.

(b) Matters that are specifically exempted from disclosure by statute (15 U.S.C. 50; 7 U.S.C. 222, 218b).

(c) Matters that are trade secrets and commercial or financial information obtained from any person and privileged or confidential. Among P&SA records in this class are those which consist of or contain information submitted or obtained in annual or special reports required by authority in the Act.

(d) Matters that are intra-agency or interagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Department. Among P&SA records in this class are those which consist of intra-agency or interagency memorandums or letters containing opinions, estimates, judgments, recommendations, or reports of internal deliberations relating to the compliance of the operations of a person or firm subject to the Act with its provisions. Examples of such memorandums or letters are those expressing opinions regarding or evaluating the solvency or trade practices of persons and firms subject to the Act, or recommending investigative methods with respect to them.

(e) Matters that are personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(f) Matters that are investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency. § 204.10

Determinations.

The Executive Assistant to the Administrator shall make promptly available any P&SA record requested in accord

A person who has requested available records pursuant to 5 U.S.C. 522(a) (3) and § 204.6 shall be promptly notified that, upon payment of applicable fees, he may inspect and copy such records, and purchase copies or extracts thereof, in the office of the Executive Assistant to the Administrator, or business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. Applicable fees will be charged for making copies and for other services incidental to making the records available as prescribed by the Director, Office of Plant and Operations, Department of Agriculture.

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Part

355

371

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380

381

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§ 301.1

PART 301-DEFINITIONS

Definitions.

For the purposes of Parts 301 through 329 of this subchapter the following words, phrases, names, and terms shall be construed, respectively, to mean:

(a) The Meat Inspection Act. An act making appropriations for the Department of Agriculture, for the fiscal year ending June 30, 1907, approved June 30, 1906 (34 Stat. 674-679), as re-enacted by an act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1908, approved March 4, 1907 (34 Stat. 1260-1265), as amended and extended (21 U. S. C. 71– 91, 96).

(b) The Imported-Meat Act. Section 306 of an act entitled "An act to provide revenue, to regulate commerce with foreign countries, to encourage the industries of the United States, to protect American labor, and for other purposes," approved June 17, 1930 (46 Stat. 689; 19 U.S. C. 1306).

(c) The Department. The United States Department of Agriculture.

(d) Consumer and Marketing Service. The Consumer and Marketing Service of the U.S. Department of Agriculture.

(e) Administrator. The Administrator of the Consumer and Marketing Service or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

180 F.R. 4195, Mar. 31, 1965.

(f) Program. The Meat Inspection Program of the Consumer and Marketing Service.

(g) Inspector. An inspector of the program.

(h) Program employees. Inspectors and all other individuals in the program who are authorized by the Administrator to do any work or perform any duty in connection with meat inspection.

Any curing,

(i) Official establishment. slaughtering, meat canning, smoking, salting, packing, rendering, or other similar establishment at which inspection is maintained under the regulations in Parts 301 through 329 of this subchapter.

(j) Circuit. One or more official establishments included under an officer in charge.

(k) "Inspected and passed,” or “U. S. inspected and passed,” or “U. S. inspected and passed by Department of Agriculture," or any authorized abbreviations thereof. The meat, meat byproducts, or meat food products so marked have been inspected and passed under the regulations in Parts 301 through 329 of this subchapter, and at the time they were inspected, passed, and so marked they were found to be sound, healthful, wholesome, and fit for human food.

(1) "U. S. passed for cooking." The meat and meat byproducts so marked have been inspected and passed on condition that they be rendered into lard, rendered pork fat, or tallow, as prescribed by Part 315 of this subchapter,