[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR51.3]

[Page 331-332]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 51--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS \1, 2\ (INSPECTION, CERTIFICATION, AND STANDARDS)--Table of Contents

                        Subpart--Regulations \1\
---------------------------------------------------------------------------
 
Sec. 51.3  Designation of official certificates, memoranda, marks, other identifications and devices for purposes of the Agricultural Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Pub. L. 272, 84th Congress, provides criminal penalties for 
various specified offenses relating to official certificates, memoranda, 
marks or other identifications, and devices for making such marks or 
identifications, issued or authorized under section 203 of said act, and 
certain misrepresentations concerning the inspection or grading of 
agricultural products under said section. For the purpose of said 
subsection and the provisions in this part, the terms listed below shall 
have the respective meanings specified:
    (a) Inspection certificate. ``Inspection certificate'' means any 
form of certification, either written or printed, used under this part 
to certify with respect to the inspection, identification, class, grade, 
quality, size, quantity, or condition of products (including the 
compliance of products with applicable specifications).
    (b) Official memorandum. ``Official memorandum'' means any initial 
record of findings made by an authorized person in the process of 
grading, inspecting, or sampling pursuant to this part, any processing 
or plant-operation report made by an authorized person in connection 
with grading, inspecting, or sampling under this part, and any report 
made by an authorized person of services performed pursuant to this 
part.
    (c) Official mark. ``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 Sec. 51.49, 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 appropriate U.S. grade or 
condition of the product, or for the purpose of maintaining the identity 
of products graded or inspected, or both, under this part.
    (d) Official identification. ``Official identification'' means any 
United States (U.S.) standard designation 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. ``Official device'' means a stamping appliance, 
branding device, stencil, printed label, or any

[[Page 332]]

other mechanically or manually operated tool that is approved by the 
Administrator for the purpose of applying any official mark or other 
identification to any product or the packaging material thereof; or any 
device approved and designated by the Administrator as a USDA official 
device for use as a color standard, defect guide, or other similar aid 
to interpret the U.S. Department of Agriculture grade standards and to 
facilitate conduct of the Inspection Service.

                           Inspection Service