[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR58.2]

[Page 85-86]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 58_GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS\1\--Table of Contents
 
 Subpart A_Regulations Governing the Inspection and Grading Services of 
                Manufactured or Processed Dairy Products
 
Sec. 58.2  Designation of official certificates, memoranda, marks, identifications, and devices for purpose 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

[[Page 86]]

offenses relating to official certificates, memoranda, marks or 
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:
    (a) Official certificate means any form of certification, either 
written or printed (including that prescribed in Sec. 58.18) used under 
the regulations in this subpart to certify with respect to the 
inspection of dairy processing plants and the inspection, class, grade, 
quality, size, quantity, or condition of products (including the 
compliance of products and packaging material with applicable 
specifications).
    (b) Official memorandum means any initial record of findings made by 
an authorized person in the process of inspecting, grading, determining 
compliance, or sampling pursuant to the regulations in this subpart, any 
processing or plant-operation report made by an authorized person in 
connection with inspecting, grading, determining compliance, or sampling 
under the regulations in this subpart, and any report made by an 
authorized person of services performed pursuant to the regulations in 
this subpart.
    (c) Official identification or other official marks means any form 
of identification or mark (including, but not limited to, those in 
Sec. Sec. 58.49 through 58.51) approved by the Administrator and 
authorized to be affixed to any product, or affixed to or printed on the 
packaging material of any product certifying the inspection, class, 
grade, quality, size, quantity, or condition of the products (including 
the compliance of products with applicable specifications) or to 
maintain the identity of the product for which service is provided under 
the regulations in this subpart.
    (d) Official device means a stamping applicance, 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.

                             Administration