[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR52.3]

[Page 528]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS \1\--Table of Contents
 
       Subpart--Regulations Governing Inspection and Certification
 
Sec. 52.3  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 purposes of said 
subsection and the provisions in this part, the terms listed below shall 
have the respective meanings specified:
    Official certificate. ``Official certificate'' means any form of 
certification, either written or printed, including those defined in 
Sec. 52.2, used under this part to certify with respect to the 
inspection, class, grade, quality, size, quantity, or condition of 
products (including the compliance of products with applicable 
specifications).
    Official device. ``Official device'' means a stamping appliance, 
branding device, stencil, printed label, or any 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 
United States Department of Agriculture grade standards and to 
facilitate conduct of the inspection service.
    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.
    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. 52.53 
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.
    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.

[22 FR 3535, May 22, 1957, as amended at 23 FR 4999, July 1, 1958. 
Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 
46 FR 63203, Dec. 31, 1981]

                           Inspection Service