[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR46.23]

[Page 267-268]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 46_REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE 
PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930--Table of Contents
 
Sec. 46.23  Evidence of dumping.

    Reasonable cause for destroying any produce exists when the 
commodity has no commercial value or when it is dumped by order of a 
local health officer or other authorized official or when the shipper 
has specifically consented to such disposition. The term ``commercial 
value'' means any value that a commodity may have for any purpose that 
can be ascertained by the exercise of due diligence without unreasonable 
expense or loss of time. When produce is being handled for or on behalf 
of another person, proof as to the quantities of produce destroyed or 
dumped in excess of five percent of the shipment shall be provided by 
procuring an official certificate showing that the produce has no 
commercial value from any person authorized by the Department to inspect 
fruits and vegetables. Where such inspection service is not available 
certification may be obtained from (a) any health officer or food 
inspector of any State, county, parish, city or municipality or of the 
District

[[Page 268]]

of Columbia; (b) any established commercial agency or service making 
inspections for the fruit and vegetable industry; or (c) when no 
inspector or health officer designated above is available consideration 
will be given to other evidence such as inspection and certification 
made by any two persons having no financial interest in the produce 
involved or in the business of any person financially interested 
therein, and who are unrelated by blood or marriage to any such 
financially interested person, and who, at the time of the inspection 
and certification, and for a period of at least one year immediately 
prior thereto, have been engaged in the handling of the same general 
kind or class of produce with respect to which the inspections and 
certification are to be made. Any certificate issued by any persons 
designated in paragraph (c) of this section shall include a statement 
that each of them possesses the requisite qualifications. Any such 
certificate shall properly identify the produce by showing the 
commodity, lot number, brand or principal identifying marks on the 
containers, quantity dumped, name and address of shipper, name and 
address of applicant, condition of the produce, time, place, and date of 
inspection and a statement that the produce possesses no commercial 
value.

                          Records of Retailers