$ 155.39 Examination after canning. (a) Adequate samples shall be drawn by the inspector from the lot of canned oysters identified by each code mark to determine whether or not such lot conforms to all requirements of the Federal Food, Drug, and Cosmetic Act, amendments thereto, and regulations thereunder. (b) The packer shall destroy for food purposes, under the immediate supervision of the inspector, any lot of canned oysters condemned by the inspector as not complying with § 155.38, or as filthy, decomposed, putrid, or unfit for food. 155.40 Labeling. (a) Labels on canned oysters packed and certified under these regulations shall bear the mark "Production Supervised by U. S. Food and Drug Administration," with or without the official establishment number. Such mark shall be plainly and conspicuously displayed in type of uniform size and style on a background of strongly contrasting color, and shall appear on the principal panel or panels of the label so as to be easily observable in connection with the name of the article. (b) Two proofs, or one proof and one photostat thereof, or eight specimens of each label intended for use on inspected canned oysters or on or within the cases therefor, shall be submitted to the Food and Drug Administration for approval. If proofs or proof and photostat are submitted, eight specimens of the label shall be sent to the Administration after printing. The Food and Drug Administration is hereby authorized to approve labels for use on canned oysters inspected under these regulations if such labels when so used comply with the provisions of the Federal Food, Drug, and Cosmetic Act, amendments thereto, and regulations thereunder. The Food and Drug Administration may approve for temporary use labels which bear the mark required by § 155.40 (a) although such mark is not displayed in the manner prescribed by that section. The Food and Drug Administration is also authorized to revoke any such approval for cause. The Administration shall not approve labels for canned oysters intended for export under the provisions of § 155.41 (e). (c) No commercial brand or brand name appearing on any label approved under (b) of this regulation, and no label simulating one so approved, shall be used thereafter on any canned oysters other than those which have been inspected under these regulations: Provided, That this paragraph shall not apply to any packer's label after termination of inspection as provided in § 155.43, or to any distributor's label after three months' written notice by the owner thereof to the Food and Drug Administration that its use on inspected canned oysters has been discontinued and will not be resumed. (d) Canned-oyster labeling authorized by or approved under (a) or (b) of this regulation shall be used only as authorized by these regulations. Unauthorized use of such labeling renders the user liable to the penalties prescribed by the Food, Drug, and Cosmetic Act, as amended. 155.41 Certificates of inspection; warehousing and export permits. (a) After finding that the canned oysters comprising any parcel (1) have been handled, prepared, and packed in compliance with all provisions of these regulations, (2) bear labeling approved as authorized under § 155.40 (b), and (3) comply with all the provisions of the Federal Food, Drug, and Cosmetic Act, amendments thereto, and regulations thereunder, the inspector shall issue a certificate showing that such canned oysters so comply. The certificate shall specify the code marks to which it applies, the quantity of the parcel so marked, the place where such parcel is stored, the size and kind of containers, the commercial brand name on the labels, and the condition of the oysters if they are broken. Such certificate shall become yoid if such labeling is removed, altered, obliterated, or replaced; but such canned oysters may be relabeled under the supervision of an inspector and recertified if the inspector finds that, after. being relabeled, they comply with the requirements laid down by this paragraph for the issuance of a certificate. (b) Unless covered by certificate, canned oysters shall be moved from an inspected establishment only for storage authorized under paragraph (c) of this section, or export authorized under paragraph (e) of this section, or for destruction as provided by § 155.39 (b). (c) Applications to move unlabeled canned oysters from storage in a warehouse elsewhere than in the establishment where such oysters were packed shall be on forms.supplied by the Administration. The application shall give the name and location of the warehouse in which such canned oysters are to be stored, and shall be accompanied by an agreement signed by the operator of such warehouse that inspectors shall have free access at all times to all canned oysters so stored, and that conditions which will preserve the identity of each parcel of such canned oysters shall be continuously maintained pending issuance of a certificate thereon or removal as authorized by paragraph (d) of this section. If such application is approved and it appears to the inspector that the canned oysters comprising any parcel (1) have been packed in compliance with these regulations, (2) are not slack-filled, and (3) conform, except for the absence of labeling, to all requirements of the Federal Food, Drug, and Cosmetic Act, amendments thereto, and regulations thereunder, the inspector shall issue to the applicant, on his request, a warehousing permit covering such canned oysters. Such permit shall specify the code marks to which it applies, the quantity of the parcel so marked, the places from and to which such parcel is to be moved, the size of the oysters, the size and kind of containers, and the condition of the oysters if they are broken. When any provision of the agreement is violated the Administration may revoke any permit issued pursuant to such agreement, and may also revoke its approval of the application for warehousing which accompanied such agreement. (d) Unless covered by certificate, canned oysters stored under the authority of paragraph (c) of this section shall be moved from the warehouse where. stored only for re-storage under such authority, or for return upon written permission of the inspector to the establishment where packed, or for export authorized under paragraph (e) of this section, or for destruction as provided by 155.39 (b). (e) Section 801 (d) of the Federal Food, Drug, and Cosmetic Act provides that a food intended for export shall not be deemed to be adulterated or misbranded under the act if it (1) accords to the specifications of the foreign purchaser, (2) is not in conflict with the laws of the country to which it is intended for export, and (3) is labeled on the outside of the shipping package to show that it is intended for export. An application to export canned oysters under the provisions of section 801 (d) of the act shall be accompanied by the original or a verified copy of the specifications of the foreign purchaser; if so required by the Administration, evidence showing that such canned oysters are not in conflict with the laws of the country to which they are intended for export; and, if shipment of labeled canned oysters is specified or directed, eight specimens of the labeling therefor. If canned oysters prepared or packed according to such specifications are not in conflict with the laws of such country, the Administration shall direct the inspector to issue to the applicant an export permit covering such canned oysters comprising any parcel ordered by such purchaser under such specifications, when the inspector finds that such canned oysters were packed in compliance with the requirements of these regulations regarding sanitary conditions and processing; are not filthy, decomposed, putrid, or otherwise unfit for food; accord to such specifications, and are labeled on the outside of the shipping package to show that they are intended for export. Such permit shall specify the code marks to which it applies and the quantity of the parcel so marked, and shall show that such canned oysters were packed under sanitary conditions, are wholesome, and accord to such specifications. The applicant shall furnish to the inspector documentary evidence showing the exportation of all such canned oysters. Canned oysters intended for export under this subsection shall not be stored in any warehouse in the United States elsewhere than in the establishment where such canned oysters were prepared or packed, except on written permission of the inspector, or of the chief of the Food and Drug Administration Station within whose territory such warehouse is located. § 155.42 Inspection fees. (a) Except as otherwise provided by these regulations, the fee prescribed for inspection service shall be eight (8) cents for each case of canned oysters packed under such service. For the purpose of this section a case of canned oysters shall be 48 No. 1 cans (211 x 400) or the equivalent thereof. The sum of not less than $240 shall be paid at the beginning of the initial inspection period, and thereafter similar advance deposits shall be made whenever necessary to prevent arrears in the payment of fees, unless the Administration on an estimate of output authorizes payment in other amounts. Any excess advance deposits so made for the fiscal year shall be returned to the packer by the Administration after the inspection service is closed in the establishment. (b) In addition to the fee prescribed by paragraph (a) of this section, an advance deposit of $123 multiplied by the number of months of the inspection period shall be paid for each inspection period in each establishment which is not receiving inspection service and is making or has made advance deposits for the period covered by this application under the Regulations for the inspection of canned shrimp (7 F.R. 4945 et seq., as amended 8 F.R. 7751), as follows: Each application for an initial inspection period shall be accompanied by an advance deposit of $164, and subsequent deposits of $164 shall be made at monthly intervals from the date of the beginning of such period as defined in § 155.32 (c), until the total amount of the deposit for the initial inspection period shall have been made. Each application for an extension inspection period shall be accompanied by a deposit of $123, and at subsequent monthly intervals thereafter additional deposits of $123 shall be made; but if the final deposit is to cover a time of less than 30 days, then such deposit shall be at the rate of $4.10 for each day of such time. Advance deposits made under this subsection shall be charged with the cost of the inspection service which has not been provided for by fees under paragraph (a) of this section and any appropriations made by Congress for such purpose. The deposits by each packer shall be so charged in the same ratio to the total deposits as the number of months of inspection service rendered in such packer's establishment bears to the total number of months of inspection service rendered in all establishments. The balance remaining after such charges have been made shall be returned by the Administration to the packers at the end of the fiscal year. When inspection service is withdrawn from an establishment as authorized by § 155.43 (a), the Administration shall not return to the packer any of the advance deposits made for such establishments; and such deposits shall be charged with the cost incurred and the balance transferred into the Treasury as a miscellaneous receipt. Such deposits shall not be included in the total deposits when computing charges against such total deposits. (c) A separate fee shall be paid to cover all expenses, incurred in accordance with the regulations of the Government, for salary, travel, subsistence, and other purposes incident to inspection (d) When the cannery and the can- (e) All payments required by the regulations in this part shall be by bank draft or certified check, collectible at par, drawn to the order of the Treasurer, United States, and payable at Washing ton, D. C. All such drafts and checks, except those for the payment required by 155.30 (a), shall be delivered to the inspector and promptly scheduled to the Food and Drug Administration, Federal Security Agency, Washington, D. C., whereupon after making appropriate records thereof they will be endorsed and transmitted to the Chief Disbursing Officer, Division of Disbursement, Treasury Department, for deposit to the receipt account "758013 Deposits, Sea Food Inspection Fees, Food and Drug Administration." (f) Refunds to the packers making advance deposits will be by check drawn on the Treasury of the United States pursuant to refund vouchers duly certifled and approved by the designated ad ministrative officer. § 155.43 Suspension, withdrawal, and termination of inspection service. (a) The Administration may suspend and the Administrator may withdraw inspection service in any establishment (1) upon failure of the packer to comply with any provision of these regulations, or (2) upon the dissemination by the packer or any person in privity with him of any representation which is false or misleading in any particular regarding the application to any sea food of the inspection service provided by the regulations in this part. (b) When inspection service is suspended in an establishment, as authorized by paragraph (a) of this section, the Administration shall not lengthen the inspection period in such establishment to compensate for any of the time of suspension. (c) After inspection service for a fiscal year is closed in an establishment, but before the resumption of packing therein during the next fiscal year, the packer may terminate inspection service under the regulations in this part by giving written notice of such termination to the Administration. These regulations shall become effective on the date of publication in the FEDERAL REGISTER. 1944 GLASS CONTAINER AND METAL CLOSURE QUOTAS ANNOUNCED The 1944 quotas of new glass containers, as well as metal caps, in general permit the use of approximately the same number of new glass containers and metal caps for packing certain products as was used in 1943, the WPB Containers Division announced January 5. Production of glass containers in 1943 was approximately 92,000,000 gross, and production during 1944 is expected to equal or perhaps exceed that figure slightly, Hugh A. Carroll, Chief of the Glass Containers Section, said. Quotas for 1944 are designed to bring the permitted use into balance with the productive capacity of the glass container manufacturing industry, he pointed out. Permitted uses cover the packaging of essential products, including foods, drugs, chemicals, cosmetics, and beverages, and specific quotas for each product are fixed by WPB. A new WPB glass container Limitation Order L-103-b, which now incorporates the metal closure Limitation Order M-104, was issued effective January 4, and the former M-104 was revoked. The new order covers only new glass containers and caps, and does not affect their reuse. Subject to specific exceptions, it lists the only products that may be packed in glass containers and with metal closures, and the closure materials that may be used in each case. Some 91 food products, 39 drugs, 47 chemicals, and many cosmetic and toilet products, which may be packed in glass containers with metal closures, are listed, and specific quotas for 98 percent of the glass production are set up. In general, the quota schedules of the new order follow the plans of former orders L-103-b and M-104. The new order and the amended metal can order M-81, which was issued on January 3, 1944, form an integrated container program designed to provide containers to the extent permitted by the listed quotas. Some products, in the food category, are restricted as to the size of container that may be used, so as to discourage the excessive use of small containers. Exporters are prevented from shipping more empty glass containers and metal closures out of the country than they exported in 1943, under a new provision of the order. Restrictions for "Fish and Shellfish" are specified as follows: (1) "Glass container" means any emp (4) "Closure" means any new sealing] (5) "Metal closure" means any closure ty new machine-made bottle, jar or tum-er covering device affixed or to be af-which is made of zinc, aluminum, tinbler, with a capacity of 140 fluid ounces fixed to a glass container for the pur-plate, terneplate, blackplate, frozen or less, which is made of glass and which pose of retaining the contents within plate, waste-waste, or waste. is suitable for packing any product. the container. The term shall t in- WPB REVISES REGULATION ON GLASS CONTAINERS The effective date for quotas for new glass containers and metal closures for 1944 was postponed until March 1 by the War Production Board in a revision of Supplementary Order L-103-b, issued January 27. REVISIONS IN M-81 (CONTAINERS-CANS) AFFECT FISHERY PRODUCTS Conservation Order M-81 (Containers-Cans) was amended by the WPB, effective January 3. The regulation was changed considerably from the last previous issue (October 23, 1943) as it concerns the use of cans in packing fish and shellfish. Item numbers have been changed for all products. The item Salmon has been divided into two classifications--Collapsed Cans and Non-collapsed Cans--the latter carrying a limit of 0.50 weight tin for can body materials compared to a 1.25 limit for collapsed cans. Packing quotas have been liberalized for fresh products in refrigerated shipments with most items changing to an "unlimited" quota status. The new revision provides for refrigerated shipment of fresh-cooked shrimp for areas other than Alaska. 18. Liquid edible oils, including only animal, vegetable, olive, fish and other 150% 1943 pack of size 5 gal...5 gal. reusable...... marine animal and edible blends of such oils. NOTE: Any liquid edible oil packed in 1-gallon glass in 1944 shall be charged to the above quotas. FISH AND SHELLFISH 125% 1943 pack of 1 gal. size 1 gal... (For refrigerated shipment, fresh) (1) "Can" means any unused container which is made in whole or in part of tinplate, terneplate, or blackplate, and which is suitable for packing any product. The term includes any container closure or fitting made in whole or in part of tinplate, terneplate or blackplate, but does not include a closure or fitting to be used on or as a part of a glass container or fibre or steel drum (as defined in Orders L-103, M-313 and L-197). The term does not include fluid milk shipping containers as defined in Conservation Order M-200. TRADE POINT VALUES OF CANNED FISH REDUCED Canned fish point values are cut sharply, all types under rationing (with the exception of oysters) being reduced 4 points from 16 to 12 points per pound in the 11th official table of trade point values for meat, fats, fish, and dairy products, issued January 27, by the Office of Price Administration. Oysters remain unchanged at 4 points per pound. The revised trade point values, which are effective January 30 and, barring unforeseen developments, will remain in effect through March 4, 1944, are as follows: Byproducts Trade INDUSTRIAL FATS AND OILS ALLOCATIONS FOR FEBRUARY The use of allocated industrial fats and oils will be authorized by the WFA in February on practically the same basis as in January. Only a few minor changes are made in the monthly allocation schedule. Cutting oil manufacturers will be allocated 100 percent of January requirements of sperm oil (FDO-37) with the limitation that the sperm oil content of the fatty oil base must not exceed 65 percent. This is a relaxed restriction inasmuch as consumers had been limited to a 30 percent sperm oil content since July 1943. Obtained from the sperm whale, sperm oil is important in war industries, particularly for "breaking in" motors. Other sperm oil consumers will be allocated 100 percent of January requirements. WFA reported the changes listed on January 20. CERTAIN FISH OILS MAY BE EXEMPTED FROM FDO-60 Appeals for exemption of fish oils having a high free fatty acid content from restrictions of Food Distribution Order No. 60 will be considered by the Food Distribution Administration, according to a statement January 6 by the Department of Agriculture. The appeals may be filed with the Chief, Fats and Oils Branch, Food Distribution Administration, Washington 25, D. C. High free fatty acid content oil includes "gurry oil," or tank bottoms and settlings which have accumulated from storage of crude fish oil during the producing season. It does not include refinery residues or by-products. Fish oils of high free fatty acid content generally are not suited for most industrial uses because they contain a relatively high percentage of foreign matter, such as protein and oleaginous materials. They also have a high moisture content and are dark in color. SPECIAL HARDSHIP APPEALS (FATS AND OILS) TO BE CONSIDERED The War Food Administration on January 18 announced it will consider appeals from users of fats and oils who are confronted with exceptional or unreasonable hardship because of uneven operations under quotas prescribed on a calendar quarter basis in various food distribution orders. The relief intended is to permit such users to equalize their quarterly production, so as to avoid a manpower problem which might arise if they had to curtail employment during calendar quarters of small production and find additional labor during periods of larger production. Food Distribution Orders Nos. 34 (glycerine), 42 (general), 60 (fish oil), and 63 (linseed delivery) are involved. Users seeking this relief should indicate in a letter to the FDA the type of hardship involved, and specify the method by which they propose to equalize their use of fats and oils. Any relief granted would not permit the annual use of any greater quantity of fats and oils than would be permitted under the present orders or any subsequent amendments. Appeals should be addressed to the Director of Food Distribution Administration, Washington 25, D.C., and should carry reference to the specific FDO number under which the user operates. VITAMIN A ALLOCATIONS ANNOUNCED FOR 1944 U. S. civilians will receive 88 trillion USP units out of about 139 trillion USP units or slightly more than 63 percent of the total 1944 Vitamin A allocation, the War Food Administration announced January 28 in reporting Vitamin A allocations for 1944. This is about the same quantity that was available for civilians in 1943. Since the U. S. serviceman gets most of his vitamins through a nutritionally-balanced diet, only about five trillion USP units or about 4 percent of the Vitamin A allocation will go to the U. S. military and war services. Exports and shipments to our territories, allies, other friendly nations, and a contingency reserve for emergency war purposes, require about 46 trillion USP units or 33 percent of the allocable supplies. Allocations represent the planned division of expected supplies of food among the U. S. military and other war services, civilians, American territorial possessions, our Allies and |
