[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: 7CFR51.38]

[Page 337-338]
 
                          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. 51.38  Basis for fees and rates.

    (a) When performing inspections of product unloaded directly from 
land or air transportation, the charges shall be determined on the 
following basis:
    (1) For products in quantities of 51 or more packages:
    (i) Quality and condition inspection of 1 to 4 products unloaded 
from the same conveyance:
    (A) $86 for over a half carlot equivalent of an individual product.
    (B) $72 for a half carlot equivalent or less of an individual 
product.
    (C) $14 for each additional lot of the same product.
    (ii) Condition only inspection of 1 to 4 products unloaded from the 
same conveyance:
    (A) $72 for over a half carlot equivalent of an individual product.
    (B) $66 for a half carlot equivalent or less of an individual 
product.
    (C) $14 for each additional lot of the same product.
    (iii) Quality and condition inspection and/or condition only 
inspection of 5 or more products unloaded from the same conveyance:
    (A) $305 for the first 5 products.
    (B) $43 for each additional product.
    (C) $14 for each additional lot of any of the same product.
    (2) For quality and condition inspection and/or condition only 
inspection of products in quantities of 50 or less packages unloaded 
from the same conveyance:
    (i) $43 for each individual product.
    (ii) $14 for each additional lot of any of the same product.
    (b) When performing inspections of palletized products unloaded 
directly from sea transportation or when palletized product is first 
offered for

[[Page 338]]

inspection before being transported from the dock-side facility, charges 
shall be determined on the following basis:
    (1) For each package inspected according to the following rates:
    (i) 1.1 cent per package weighing less than 15 pounds;
    (ii) 2.2 cents per package weighing 15 to 29 pounds; and
    (iii) 3.3 cents per package weighing 30 or more pounds.
    (2) $14 for each additional lot of any of the same product.
    (3) A minimum charge of $86 for each product inspected.
    (c) When performing inspections of products from sea containers 
unloaded directly from sea transportation or when palletized products 
unloaded directly from sea transportation are not offered for inspection 
at dockside, the carlot fees in Sec. 51.38(a) shall apply.
    (d) When performing inspections for Government agencies, or for 
purposes other than those prescribed in the preceding paragraphs, 
including weight-only and freezing-only inspections, fees for inspection 
shall be based on the time consumed by the grader in connection with 
such inspections, computed at a rate of $43 an hour: Provided, That:
    (1) Charges for time shall be rounded to the nearest half hour;
    (2) The minimum fee shall be two hours for weight-only inspections, 
and one-half hour for other inspections; and
    (3) When weight certification is provided in addition to quality 
and/or condition inspection, a one-hour charge shall be added to the 
carlot fee.
    (4) When inspections are performed to certify product compliance for 
Defense Personnel Support Centers, the daily or weekly charge shall be 
determined by multiplying the total hours consumed to conduct 
inspections by the hourly rate. The daily or weekly charge shall be 
prorated among applicants by multiplying the daily or weekly charge by 
the percentage of product passed and/or failed for each applicant during 
that day or week. Waiting time and overtime charges shall be charged 
directly to the applicant responsible for their incurrence.
    (e) When performing inspections at the request of the applicant 
during periods which are outside the grader's regularly scheduled work 
week, a charge for overtime or holiday work shall be made at the rate of 
$21.50 per hour or portion thereof in addition to the carlot equivalent 
fee, package charge, or hourly charge specified in this subpart. 
Overtime or holiday charges for time shall be rounded to the nearest 
half hour.
    (f) When an inspection is delayed because product is not available 
or readily accessible, a charge for waiting time shall be made at the 
prevailing hourly rate in addition to the carlot equivalent fee, package 
charge, or hourly charge specified in this subpart. Waiting time shall 
be rounded to the nearest half hour.

[63 FR 15277, Mar. 31, 1998]