[Federal Register: May 26, 2000 (Volume 65, Number 103)]
[Proposed Rules]
[Page 34301-34320]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my00-39]
[[Page 34302]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 90, 91, 92, 93, 94, and 98
[Docket Number S&T-99-008]
RIN 0581-AB91
Changes in Fees for Science and Technology (S&T) Laboratory
Service
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to increase
the standard hourly fee rate for each laboratory analysis conducted
under the AMS S&T Laboratory Program from $36.26 to $45.00. The premium
laboratory rate for appeals, holiday and overtime service would be
increased from $54.39 to $67.50 per analysis hour. These proposed 24.1
percent increases in hourly rates reflect the additional revenue S&T is
required to collect in order to recover laboratory program expenses.
AMS also proposes to change fees for laboratory testing services which
are offered for agricultural food commodities to reflect actual
equipment and labor expenses for performing each test. The proposed
regulations include additional tests for commodity products for
incorporation into existing schedules and sets an updated hourly rate
of $45.00 for unlisted tests. AMS proposes to remove laboratory tests
that have been found to be obsolete as well as duplicate tests
performed by other Agricultural Marketing Service programs. The
proposal also has name, position title, and address changes as a result
of Agency restructuring that lead to the formation of the AMS Science
and Technology program.
DATES: Comments must be received on or before June 15, 2000.
ADDRESSES: Comments are invited on this proposed rule. Interested
persons are invited to comment on this rule by submitting such written
data, views, or arguments as they may desire. Comments should be sent
in triplicate to James V. Falk, Docket Manager, USDA, AMS, Science and
Technology, P.O. Box 96456, Room 3521-South, Washington, DC 20090-6456;
telephone (202) 690-4089; the facsimile (202) 720-4631, or e-mail:
James.Falk@usda.gov and should refer to the docket title and number
located in the heading of this document. Comments received will be
available for public inspection in Room 3507, South Agriculture
Building, 1400 Independence Avenue, SW, Washington, D.C. 20250 between
the hours of 10:00 a.m. and 4:00 p.m., Eastern Time, Monday through
Friday, except Federal holidays. All comments received on or before the
closing date for comments will be considered. After the close of the
comment period, AMS intends to publish a final rule in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Anita J. Okrend, Technical Services
Branch Chief, telephone (202) 690-4025, or e-mail:
Anita.Okrend@usda.gov.
SUPPLEMENTARY INFORMATION:
A. Executive Order 12866
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866, and therefore, has not been
reviewed by the Office of Management and Budget (OMB).
B. Civil Justice Reform
This action has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. This
proposed rule does not preempt any State or local laws, regulation, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to this rule or the application of its
provisions.
C. Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the Agricultural
Marketing Service (AMS) has considered the economic impact of this
action on small entities.
There are 811 current users of the Science and Technology's (S&T)
laboratory testing services. Such users of services include food
processors, handlers, growers, government agencies, and exporters. Many
of these users are small entities under the criteria established by the
Small Business Administration (13 CFR 121.201). Laboratory tests for
commodities are provided to all businesses on a voluntary basis and
user fees are set at an hourly rate. Any decision to discontinue the
use of the laboratory services and obtain new contracts with other
governmental agencies or private laboratories would not hinder the food
processors or industry members from marketing their products. User fee
costs to entities would be proportional to their use of testing
services, so that costs are shared equitably by all users.
The last fee increases for the Laboratory Program testing services
became effective on May 4, 1998 (63 FR 16370-16375). Since that time,
there has been both a decline in revenue and an increase in costs. This
reflects a shift in usage patterns on the part of applicants for
testing services and change to government programs. For example,
several federal commodity purchasing programs are now relying heavily
on vendor certification rather than government laboratory testing; a
larger percentage of peanut aflatoxin analyses are performed by other,
non-S&T laboratories; testing of tobacco samples is down; and poultry
testing is decreasing due to changing importer country requirements. In
addition, some companies are doing their own company and in-house
analyses rather than using government laboratory testing services.
Further, there has been a noticeable decrease in requested dairy
product testing with the scaling back of the dairy price support
program. Several streamlining actions to be completed in FY 2000 will
result in cost savings. They include staff and space reductions or
closing of laboratories. However, overall, costs are increasing despite
these efforts. Employee salary and benefits, which account for
approximately 68 percent of FY 2000 operating budget, have increased
4.8 to 5.59 percent, depending on the locality, since January 2000. For
FY 1999, these increases were 3.54 to 4.02 percent, depending on
locality. Rents, utilities, communications, and other overhead costs
increased 5.1 percent during FY 1999. These overhead costs are
projected to increase by the same percentage for FY 2000.
In fiscal year 1999, the S&T Laboratory Program obligatory costs
exceeded revenues by $1,423,869 with costs at $6,419,006 and revenue at
$4,995,137. There was an $807,299 decline in revenue in fiscal year
1999. For FY 2000 the S&T program expects to report a $1,562,534
deficit at the current fees because there are expected to be lower
numbers of samples for analysis with all commodities at our
laboratories. The S&T program projected costs and revenues for FY 2000
are $6,513,730 and $4,951,196 respectively without a fee increase.
The AMS estimates that this rule would yield $1,584,383 overall in
additional laboratory testing program revenues during FY 2000. The
laboratory hourly fee rate would increase by approximately 24.1 percent
from $36.26, as last revised effective May 4, 1998. The new standard
laboratory service fee rate would be $45.00 per hour. This fee would
also apply to tests which are not listed in the fee schedules (Tables 1
through 8). The
[[Page 34303]]
premium laboratory rate for appeals, holiday and overtime service would
be $67.50 per analysis hour or one and one half times the fees listed
in Tables 1 through 8. This represents a 24.1 percent increase. The
fees in Tables 1 through 8 would also be amended. Most of these would
increase. Without an increase, anticipated revenue would not adequately
cover increasing program costs. FY 2000 revenues for laboratory testing
are expected to be $4,951,196 at the current hourly fee rates,
obligatory costs are projected at $6,513,730, and trust fund balance
would be $797,211, which is below necessary reserve level ($2,552,243).
With the fee increase, FY 2000 revenues are projected to be $5,017,147
with obligatory costs of $6,400,480 and trust balance at $874,667.
Users of S&T testing services are under no obligation to use them.
However, it is necessary for AMS to recover the cost of these services.
The Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et
seq.) provides for the collection of reimbursable fees from users of
the program services to cover, as nearly as practicable, the costs of
the services rendered.
Other miscellaneous and unsubstantial changes are proposed that
would not adversely affect users of the program services. Related
proposed fee increases represent the minimal fee increases necessary to
cover the costs of operating the services provided under the S&T
program. Accordingly, the Administrator has determined that its
provisions would not have a significant economic impact on a
substantial number of small entities.
D. Paperwork Reduction Act
This proposed rule does not contain any new information collection
or record keeping requirements that are subject to the Office of
Management and Budget (OMB) approval under the Paperwork Reduction Act
of 1995 (44 U.S.C. Chapter 35).
E. Background and Proposed Fees
On August 9, 1993, AMS published a rule in the Federal Register (58
FR 42408-42448) to combine all AMS regulations concerning laboratory
services. The goal was to consolidate and to transfer existing
laboratory testing programs operating independently under the various
AMS commodity programs (Cotton, Poultry, Fruit and Vegetable, Tobacco,
Dairy, and Livestock and Seed) to its Science and Technology (S&T)
program, formerly the Science Division and the Science and Technology
Division (S&TD).
All divisions in the Agricultural Marketing Service (AMS) were
designated as programs by the Administrator on September 18, 1997. The
prior rules included fees charged for testing and related services
under the diversified S&T programs and set an hourly analytical testing
rate. The current standard hourly rate of $36.26 and the premium hourly
rate of $54.39 have been in effect since the April 2, 1998 rule (63 FR
16370--16375).
The S&T laboratory testing programs are mainly voluntary, user fee
services, conducted under the authority of the Agricultural Marketing
Act of 1946, as amended. The Act authorizes the Secretary of
Agriculture to provide Federal analytical testing services that
facilitate marketing and allow products to obtain grade designations or
meet marketing standards. In addition, the laboratory tests establish
quality standards for agricultural commodities. The Act also requires
that reasonable fees be collected from the users of the services to
cover as nearly as possible the costs of maintaining the programs.
In addition to raising hourly fees, there is a need to amend all
general schedules and listing of fees for official laboratory test
services in tables 1 through 8 in Part 91, Subpart I due to rapid
changes in analytical methodologies and customer service needs. Under
the present regulations the fee schedules list 200 items of laboratory
services in part 91. Many additions and deletions of laboratory tests
have occurred since the last rule published on April 2, 1998 (63 FR
16370--16375). The following tables 1 through 8 compare current fees
and charges with proposed fees and charges for the laboratory testing
of food and fiber products as found at 7 CFR 91.37:
Table 1.--Amended
------------------------------------------------------------------------
Type of Proposed
Name of specific program analysis Current fee fee
------------------------------------------------------------------------
Table 1--Single Test Ammonia, Ion $81.59 $101.25
Laboratory Fees for Selective 36.26 45.00
Proximate Analyses. Electrode. 54.39 2
Ash, Total..... 18.13 22.50
Ash, Acid 36.26 45.00
Insoluble. 36.26 45.00
Chloride, Salt 18.13 22.50
Titration
(Dairy).
Fat, Acid
Hydrolysis
(Cheese).
Fat Acid
Hydrolysis
(Mojonnier).
Fat (Dairy
Prod. Except
Cheese).
Fat (Dry Basis) None 67.50
Fat, Ether 36.26 45.00
Extraction
(Soxhlet).
Fat (Kohman)... 1 45.00
Fat, Microwave- 36.26 45.00
Solvent
Extract.
Fiber, Crude... 72.52 2
Moisture, 36.26 45.00
Distillation.
Moisture, Oven. 18.13 22.50
Moisture 1 11.25
(Kohman).
Protein, 72.52 90.00
Combustion.
Protein, 72.52 90.00
Kjeldahl.
Salt, Back 27.20 33.75
Titration.
Salt, 18.13 22.50
Potentiometric.
Salt (Rapid)... 1 33.75
Standard hourly 36.26 45.00
rate.
Premium hourly 54.39 67.50
rate.
------------------------------------------------------------------------
\1\ None.
\2\ Removed.
[[Page 34304]]
Table 2.--Amended
------------------------------------------------------------------------
Type of Proposed
Name of specific program analysis Current fee fee
------------------------------------------------------------------------
Table 2--Single Test Acid Degree $36.26 $45.00
Laboratory Fees for Lipid Value (Dairy). 9.07 22.50
Related Analysis. Acidity, 90.65 2
Titratable. 18.13 2
Carotene, 90.65 2
Spectrophotome
tric.
Catalase Test..
Cholesterol....
Color (Honey).. 18.13 2
Color, NEPA 36.26 2
(Eggs).
Consistency, 18.13 2
Bostwick
(Cooked).
Consistency, 18.13 2
Bostwick
Uncooked).
Density 9.07 11.25
(Specific
Gravity).
Dispersibility 1 67.50
(I Dry Whole
Milk).
Dispersibility 18.13 22.50
(Moates-
Dabbah).
Fat Stability, 36.26 45.00
AOM.
Fatty Acid 145.04 180.00
Profile, AOAC-
GC.
Flash Point 72.52 90.00
Test only.
Free Fatty 18.13 22.50
Acids.
Meltability 18.13 22.50
(Process
Cheese).
Peanut Oil 1 45.00
Analyses (Oil,
Moisture, Free
Fatty Acid,
Ammonia, and
Foreign
Matter).
Any 1 of the 1 22.50
oilseed oil
analyses.
Peroxidase Test 18.13 2
Peroxide Value. 27.20 33.75
Smoke Point 72.52 90.00
Test only.
Smoke Point and 126.91 157.50
Flash Point.
Solids, Total 18.13 22.50
(Oven Drying).
Soluble Solids, 18.13 22.50
Refractometer.
------------------------------------------------------------------------
\1\ None.
\2\ Removed.
Table 3.--Amended
------------------------------------------------------------------------
Type of Proposed
Name of specific program analysis Current fee fee
------------------------------------------------------------------------
Table 3--Single Test Aflatoxin $126.91 2
Laboratory Fees for Food (Dairy, Eggs). 217.56 3
Additive (Direct and Alar or 217.56 $270.00
Indirect). Daminozide 72.52 3
Residue. 54.39 3
Amitraz
Residue, GLC.
Alcohol
(Qualitative).
Alkalinity of
Ash.
Antibiotic, 18.13 22.50
Qualitative
(Dairy).
Antibiotic, 389.86 393.75
Quantitative.
Ascorbates 18.13 22.50
(Qualitative--
Meats).
Ascorbic Acid, 36.26 45.00
Titration.
Ascorbic Acid, 36.26 45.00
Spectrophotome
tric.
Benzene, 72.52 3
Residual.
Brix, Direct 18.13 22.50
Percent
Sucrose.
Brix, Dilution. 18.13 22.50
Butylated 54.39 67.50
Hydroxyanisole
(BHA).
Butylated 54.39 67.50
Hydroxytoluene
(BHT).
Caffeine, Micro 54.39 67.50
Bailey-Andrew.
Caffeine, 36.26 78.75
Spectrophotome
tric.
Calcium........ 54.39 3
Citric Acid, 54.39 67.50
GLC or HPLC.
Chlorinated 145.04 180.00
Hydrocarbons:
Pesticides and
Industrial
Chemicals--Ini
tial Screen.
Second Column 36.26 45.00
Confirmation
of Analyte.
Confirmation on 72.52 90.00
Mass
Spectrometer.
Dextrin 18.13 22.50
(Qualitative).
Dextrin 108.78 135.00
(Quantitative).
Filth, Heavy 90.65 112.50
(Dairy).
Filth, Heavy 145.04 180.00
(Eggs).
Filth, Light 90.65 112.50
(Eggs).
Filth, Light & 217.56 270.00
Heavy (Eggs).
Fines.......... 1 22.50
Flavor (Dairy). 9.07 11.25
Flavor 27.20 33.75
(Products
except Dairy).
Fumigants:
Initial Screen--
Dibromochloro 36.26 45.00
propane
(DBCP).
Ethylene 36.26 45.00
Dibromide.
[[Page 34305]]
Methyl 36.26 45.00
Bromide.
Confirmation 72.52 90.00
on Mass
Spectrometer
-Each
individual
fumigant
residue.
Glucose 27.20 33.75
(Qualitative).
Glucose 63.46 78.75
(Quantitative).
Glycerol 108.78 135.00
(Quantitative).
Gums........... 108.78 135.00
Heavy Metal 317.28 326.25
Screen.
High Sucrose 145.04 3
Content or
Avasucrol
(Holland Eggs).
Hydrogen Ion 18.13 3
Activity, pH.
Mercury, Cold 90.65 135.00
Vapor AA.
Metals (Other 72.52 3
Than Heavy,
Each Metal).
Monosodium 145.04 180.00
Dihydrogen
Phosphate.
Monosodium 145.04 180.00
Glutamate.
Niacin......... 72.52 90.00
Nitrites 18.13 3
(Qualitative).
Nitrites 108.78 3
(Quantitative).
Ochratoxin A... 1 67.50
Odor........... 9.07 11.25
Organic Acids 1 180.00
(in Eggs).
Oxygen......... 18.13 22.50
Palatability
and Odor:
First Sample. 27.20 22.50
Each 18.13 3
Additional
Sample.
Penicillin..... 1 67.50
Phosphatase, 36.26 3
Residual.
Phosphorus..... 72.52 3
Propylene 72.52 3
Glycol,
Codistillation
:
(Qualitative).
Pyrethrin 145.04 180.00
Residue
(Dairy).
Scorched 9.07 22.50
Particles.
Sodium, 36.26 45.00
Potentiometric.
Sodium 54.39 67.50
Benzoate, HPLC.
Sodium Lauryl 290.08 3
Sulfate (SLS).
Sodium 72.52 90.00
Silicoaluminat
e (Zeolex).
Solubility 18.13 11.25
Index.
Starch (in Dry 1 22.50
Milk).
Starch, Direct 108.78 90.00
Acid
Hydrolysis.
Sugar, 36.26 33.75
Polarimetric
Methods.
Sugar Profile,
HPLC--
One type 108.78 135.00
sugar from
profile.
Each 18.13 22.50
additional
type sugar.
Sugars, Non- 108.78 135.00
Reducing.
Sugars, Total 72.52 3
as Invert.
Sulfites 27.20 3
(Qualitative).
Sulfur Dioxide, 36.26 45.00
Direct
Titration.
Sulfur Dioxide, 54.39 3
Monier-
Williams.
Toluene, 72.52 90.00
Residual.
Triethyl 36.26 3
Citrate, GC
(Quantitative).
Vitamin A, Carr- 45.33 112.50
Price (Dairy).
Vitamin A, HPLC 90.65 90.00
Vitamin B-1 72.52 90.00
(Thiamin).
Vitamin B-2 72.52 90.00
(Riboflavin).
Vitamin D, HPLC 308.21 382.50
(Vitamins D2 &
D3/Dairy).
Whey Protein 27.20 33.75
Nitrogen.
Whey Protein 1 112.50
Nitrogen,
Kjeldahl.
Xanthydrol Test 54.39 67.50
for Urea.
This is an
optional test
to the
extraneous
material
isolation
test.
------------------------------------------------------------------------
1 None.
2 Redistributed.
3 Removed.
[[Page 34306]]
Table 4.--Amended
------------------------------------------------------------------------
Type of Proposed
Name of specific program analysis Current fee fee
------------------------------------------------------------------------
Table 4--Single Test Available $145.04 2
Laboratory Fees for Other Carbon Dioxide 72.52 2
Chemical and Physical (Baking 1 $11.25
Component Analyses Powders). 9.07 11.25
Capsaicin (Hot 36.26 45.00
Sauce). 18.13 2
Cheese (Fines). 18.13 2
Color, Apparent-
Visual.
Complete Kohman
Analysis-
DairyExtractab
le Color in
Spices.
Grape Juice
Absorbancy
Ratio.
Hot Water 1 67.50
Insolubles.
Hydroxymethylfu 36.26 2
rfural (Honey).
Jelly Strength 90.65 2
(Bloom).
Linolenic Acid. 72.52 90.00
Methyl 36.26 2
Anthranilate.
Net Weight (Per 9.07 11.25
Can).
Non-Volatile 90.65 112.50
Methylene
Chloride
Extract.
Overrun for 27.20 33.75
Whipped
Topping.
Particle Size 18.13 22.50
(Ether Wash).
pH............. 1 11.25
pH--Quinhydrone 18.13 22.50
(Cheese).
Potassium 54.39 67.50
Iodide (Table
Salt).
Protein 1 45.00
Reducing
Substances.
Quinic Acid 63.46 78.75
(Cranberry
Juice).
Serum Drainage 18.13 22.50
for Whipped
Topping.
Sieve or 18.13 22.50
Particle Size.
Rate of Wetting 18.13 22.50
(Nondairy
Creamer).
Reducing Sugars 72.52 90.00
Water Activity. 27.20 22.50
Water Insoluble 72.52 90.00
Inorganic
Residues
(WIIR).
Yellow Onion 27.20 2
Test.
------------------------------------------------------------------------
1 None.
2 Removed.
Table 5.--Amended
------------------------------------------------------------------------
Type of Proposed
Name of specific program analysis Current fee fee
------------------------------------------------------------------------
Table 5--Single Test Aerobic $18.13 $22.50
Laboratory Fees for (Standard) 27.20 33.75
Microbiological Analyses. Plate Count. 72.52 90.00
Anaerobic 36.26 45.00
Bacterial 145.04 2
Plate Count.
Bacillus cereus
Bacterial
Direct
Microscopic
Count.
Campylobacter
jejuni.
Coliform Plate 18.13 22.50
Count (Dairy
Products).
Coliform Plate 27.20 33.75
Count, Violet
Red Bile Agar
(Presumptive
Coliform Plate
Count).
Coliforms, Most
Probable
Number (MPN):
Step 1....... 27.20 33.75
Step 2....... 27.20 22.50
Direct 1 11.25
Microscopic
Clump Count.
Direct 1 45.00
Microscopic
Clump Count
Greater Than
75 Million.
E. coli, 54.39 45.00
Presumptive
MPN
(Additional).
E. coli (MUG).. 1 33.75
Enterococci 108.78 135.00
Count.
Howard Mold 1 56.25
Count.
Lactobacillus 45.33 56.25
Count.
Lactic Acid 1 22.50
Tolerant
Microbes.
Listeria
monocytogenes
Confirmation
Analysis:
Step 1....... 54.39 67.50
Step 2....... 54.39 56.25
Step 3 90.65 112.50
(Confirmation).
Parasite 145.05 180.00
Identification.
Psychrotrophic 27.20 45.00
Bacterial
Plate Count.
Salmonella
(USDA Culture
Method):
Step 1 (Dairy $36.26 2
Products).
Step 1....... 54.39 $78.75
Step 2....... 27.20 33.75
Step 3 54.39 56.25
(Confirmatio
n).
Serological 90.65 2
Typing
(Optional).
Salmonella 108.78 135.00
Enumeration
(Complete
Test).
Salmonella
(Rapid
Methods):
[[Page 34307]]
Step 1....... 72.52 78.75
Step 2....... 27.20 33.75
Step 3 54.39 56.25
(Confirmatio
n).
Salmonella 36.26 45.00
typhi (Meat
Products).
Staphylococcus 1 67.50
aureus, Direct
Plating.
Staphylococcus 63.46 78.75
aureus, MPN:
With Coagulase
Positive
Confirmation.
Thermoduric 27.20 33.75
Bacterial
Plate Count.
Yeast and Mold 18.13 22.50
Count.
Yeast and Mold 1 22.50
Differential
Confirmation.
Yeast and Mold 27.20 33.75
Differential
Plate Count.
Yeast or Mold 1 22.50
Confirmation.
------------------------------------------------------------------------
1 None.
2 Removed.
Table 6.--[Amended] Laboratory Fees for Aflatoxin Analyses
----------------------------------------------------------------------------------------------------------------
Current fee Current fee Proposed fee Proposed fee
Aflatoxin test by commodity per single per pair per single per pair
analysis analyses analysis analyses 1
----------------------------------------------------------------------------------------------------------------
Peanut Butter (TLC-CB, HPLC, Affinity Column) $36.26 3 $45.00 3
Affinity Column)...............................
Corn (TLC-CB, HPLC, Affinity Column)............ 36.26 3 45.00 3
Roasted Peanuts (TLC-BF)........................ 36.26 3 45.00 3
Brazil Nuts (TLC-BF)............................ 72.52 3 90.00 3
Pistachio Nuts (TLC-BF, HPLC)................... 72.52 3 90.00 3
Shelled Peanuts (TLC , Affinity Column)......... 17.00 $34.00 45.00 $38.00
Shelled Peanuts (HPLC).......................... 31.00 62.00 45.00 70.00
Tree Nuts (TLC)................................. 36.26 3 45.00 3
Oilseed Meals (TLC, HPLC, Affinity Column)...... 36.26 3 45.00 3
Edible Seeds (TLC).............................. 36.26 3 45.00 3
Dried Fruit (TLC)............................... 36.26 3 45.00 3
Small Grains (TLC).............................. 36.26 3 45.00 3
In-Shell Peanuts (TLC, Affinity Column)......... 17.00 34.00 45.00 38.00
In-Shell Peanuts (HPLC)......................... 2 2 45.00 70.00
Silage; Other Grains (TLC)...................... 36.26 3 45.00 3
Submitted Samples (TLC, HPLC, Affinity Column).. 36.26 3 45.00 3
Aflatoxin (Dairy, Eggs)......................... 126.91 2 157.50 3
----------------------------------------------------------------------------------------------------------------
1 Aflatoxin testing of raw peanuts under Peanut Marketing Agreement for subsamples 1-AB, 2-AB, 3-AB, and 1-CD
for single or pair of analyses is $19.00 or $38.00, respectively using Thin-Layer Chromatography (TLC) and
Best Foods (BF) extraction or immunoaffinity column assay with fluorometric quantitation. The BF method has
been modified to incorporate a water slurry extraction procedure. The Contaminants Branch (CB) method is used
on occasion as an alternative method for peanuts and peanut meal when doubt exists as to the effectiveness of
the Best Foods method in extracting aflatoxin from the sample or when background interferences exist that
might mask TLC quantitation of aflatoxin. The cost per single or pair of analyses using High Pressure Liquid
Chromatography (HPLC) is $35.00 and $70.00, respectively. Other aflatoxin analyses for fruits and vegetables
are listed at Science and Technology's current hourly rate of $45.00.
2 None.
3 NA=Not Applicable.
Table 7.--Miscellaneous Charges Supplemental--To Science and
Technology's Laboratory Test Fees
------------------------------------------------------------------------
Laboratory service description Current list fee Proposed list fee
------------------------------------------------------------------------
Sample Grinding by Vertical $18.13............ $22.50.
Cutter Mixer (VCM).
Sample Grinding Canned Boned 36.26............. 11.25 per can.
Poultry.
Sample Grinding by Dickens None.............. 11.25.
Hammer Mill.
Sample Grinding (Meats, Meat ................
Products, Meals, Ready-to-Eat):
Per pouch or raw sample..... 9.07.............. 11.25.
Per tray pack............... 18.13............. 22.50.
Compositing Multiple Subsamples 9.07.............. Varies--Preparatio
for an Individual Test Sample-- n fee based on
Unit per Subsample. $45.00 per hour.
------------------------------------------------------------------------
Table 8.--Additional Charges Applicable to Sample Receipt and Analysis
Report
------------------------------------------------------------------------
Current list Proposed list
Service description charge charge
------------------------------------------------------------------------
Established Courier Expense at $2.15............. Removed.
Albany, Georgia S&T Laboratory.
[[Page 34308]]
Courier Expense at Other AMS Varies............ Varies (based on
Laboratories: Mileage Charge total mileage).
Set at $0.325 Per Mile Round
Trip from Laboratory to
Delivery Site..
Facsimile Charge (Per Analysis $3.20 minimum up $3.20 minimum up
Report). to first 3 pages, to first 3 pages,
then $1.10 per then $1.50 per
page. page.
Additional Analysis Report or $18.13 per report $22.50 per report
Extra Certificate (\1/2\ hour or certificate or certificate
charge minimum). reissued. issued.
------------------------------------------------------------------------
Currently, there are 200 tests or laboratory services in the
current fee schedules in Tables 1 through 8 of Part 91 of the
regulations. This proposed rule recommends removing 41 laboratory tests
or services which have been found to be obsolete or which duplicate
tests performed by other Agricultural Marketing Service programs. The
proposed rule adds 28 new analytical tests that are frequently
requested by many of Science and Technology's 811 customers. The
customers for our laboratory services would benefit with the increased
convenience of choosing newer and perhaps less costly analytical
methods for determining a particular analyte in a commodity product.
Once this rule becomes effective, there would be 187 laboratory test
and service descriptions with scheduled fees in tables 1 through 8 of
part 91 of the regulations. The majority of the fees have increased by
24.1 percent. However, 11 fees have increased by a greater percentage
and 8 fees have been lowered. Although the fees set for the various
tests are based on the hourly fee, it is necessary to consider other
factors when setting fees for some of the tests. For example, the large
increase in proposed fees for some laboratory tests is due to the
additional need to recover the large increase in costs for specialized
chemicals or microbiological media and other materials for performing
these tests. Therefore, the titratable acidity and the scorched
particles analyses would increase from $9.07 to $22.50, and the Carr-
Price vitamin A (Dairy) test would increase from $45.33 to $112.50. For
the same reason, S&T is proposing to increase the cost of performing
step 1 for the Salmonella (USDA culture method) to $78.75 from $54.39
and the fee for performing the psychrotrophic bacterial plate count
would change from $27.20 to $45.00.
The general 24.1 percent increase in user fees for laboratory
services are intended to cover all of the costs associated with S&T
Laboratory Program. In fee tables 1 through 8 in 7 CFR part 91, S&T is
proposing to increase the fees for the quantitative antibiotic, the
heavy metal screen, the step 1 Listeria monocytogenes analysis, the
step 3 or confirmation Salmonella analysis (both the USDA culture and
rapid methods), and the step 1 Salmonella analysis (rapid method) by 1,
2.8, 3.4, 3.4 (both), and 8.6 percent respectively. In addition,
certain laboratory fees are proposed to be lowered by 17.3 percent.
These are the palatability and odor test, the direct acid hydrolysis
starch test, the water activity test, the step 2 MPN coliforms test,
and the MPN presumptive E. coli test. S&T is also proposing to lower
the fees for the solubility index, the sugar polarimetric methods, and
the HPLC vitamin A analysis by 37.9, 6.9, and 0.7 percent respectively.
In its analysis of projected costs for fiscal years 1999 and 2000,
AMS has identified increases in the costs of providing laboratory
testing services despite declining revenues. In fiscal year 1999, the
S&T Laboratory Program obligatory costs exceeded revenues by $1,423,869
with costs at $6,419,006 and revenue at $4,995,137. There was an
$807,299 decline in revenue in fiscal year 1999. For FY 2000 the S&T
program expects to report a $1,562,534 deficit at the current fees
because there are expected to be lower numbers of samples for analysis
with all commodities at our laboratories. The S&T program projected
costs and revenues for FY 2000 are $6,513,730 and $4,951,196
respectively without a fee increase. The corresponding decrease in
revenue with lower numbers of samples are attributable mainly to a
shift in usage patterns on the part of applicants for testing services
and change to government programs. For example, several federal
commodity purchasing programs are now relying heavily on vendor
certification rather than government laboratory testing; a larger
percentage of peanut aflatoxin analyses are performed by Peanut
Administrative (PAC) approved private laboratories; testing of tobacco
samples is down; and poultry testing is decreasing due to changing
importer country requirements. In addition, some companies are doing
their own company analyses rather than using government laboratory
testing services. Further, there has been a noticeable decrease in
requested dairy product testing as a result of an ongoing phase out of
the dairy price support program. Several streamlining actions to be
completed in FY 2000 will result in cost savings. They include staff
and space reductions or closing of laboratories. For example, S&T has
voluntarily closed aflatoxin testing facilities at Dothan, Alabama and
Ashburn, Georgia that are currently listed in 7 CFR part 91. Overall,
costs are increasing despite these efforts. Employee salary and
benefits, which account for approximately 68 percent of FY 2000
operating budget, have increased 4.8 to 5.59 percent, depending on the
locality, since January 2000. For FY 1999, these increases were 3.54 to
4.02 percent, depending on locality. Rents, utilities, communications,
and other overhead costs increased 5.1 percent during FY 1999. These
overhead costs are projected to increase by the same percentage for FY
2000.
The AMS estimates that this rule would yield $1,584,383 overall in
additional laboratory testing program revenues during FY 2000. The
laboratory hourly fee rate would increase by approximately 24.1 percent
from $36.26, as last revised effective May 4, 1998 (63 FR 16370). The
new standard laboratory service fee rate would be $45.00 per hour. This
fee would also apply to tests which are not listed in the fee schedules
(Tables 1 through 8). The premium laboratory rate for appeals, holiday
and overtime service would be $67.50 per analysis hour or one and one
half times the fees listed in Tables 1 through 8. This represents an
approximate 24.1 percent increase. The fees in Tables 1 through 8 would
also be amended. Most of these would increase. Without an increase,
anticipated revenue would not adequately cover increasing program
costs. FY 2000 revenues for laboratory testing are expected to be
$4,951,196 at the current hourly fee rates, obligatory costs are
projected at $6,513,730, and trust fund balances would be $797,211,
[[Page 34309]]
which is below necessary reserve level ($2,552,243). With the fee
increase, FY 2000 revenues are projected to be $5,017,147 with
obligatory costs of $6,400,480 and trust balance at $874,667. Users of
S&T testing services are under no obligation to use them. However, it
is necessary for AMS to recover the cost of these services. The
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.)
provides for the collection of reimbursable fees from users of the
program services to cover, as nearly as practicable, the costs of the
services rendered.
All divisions in the Agricultural Marketing Service (AMS) were
designated as programs by the Administrator on September 18, 1997.
Hence, this proposal also has name, position title, address
corrections, and other changes which are administrative in nature as a
result of these Agency restructuring efforts. The term ``Science and
Technology Division'' would be changed to ``Science and Technology.''
The term ``Director'' would be replaced by the term ``Deputy
Administrator.'' Section 91.5 would list new addresses for the Science
and Technology regional laboratories, headquarters offices, the
Information Technology (IT) office, the Statistical Branch office, and
the offices for residue programs. The name ``Residue Branch'' in
section 91.5 would be more appropriately named ``Pesticide Data
Branch.'' In section 91.9, the Technical Service Branch Chief would
replace the defunct Laboratory Operations Coordination Staff Chief
position. In sections 91.23, 93.13, 94.4 and 98.4, the analytical
method references would have updated addresses. Section 91.37 would
list a world wide web (www) site (http://ams.usda.gov/science) in which
to obtain updated schedules of the laboratory testing fees. In section
91.37, a new fee ($11.25) in table 7 for sample grinding by Dickens
hammer mill would be listed.. In table 8 of section 91.37, a revised
facsimile charge ($1.50) for an additional page would be listed. In
section 91.40, the established courier expense at the S&T peanut
aflatoxin laboratory in Albany, Georgia would be removed.
This proposed rule provides for a 20-day comment period. This
period is deemed appropriate in view of the need to make changes to the
fees as soon as possible, in order to cover the necessary and ongoing
expenditures of the S&T Laboratory Program. All comments which are
received during the comment period will be considered before this rule
is finalized.
List of Subjects
7 CFR Part 90
Agricultural commodities, Laboratories, Reporting and recordkeeping
requirements.
7 CFR Part 91
Administrative practice and procedure, Agricultural commodities,
Laboratories, Reporting and recordkeeping requirements.
7 CFR Part 92
Agricultural commodities, Laboratories, Pesticides and pests,
Tobacco.
7 CFR Part 93
Agricultural commodities, Citrus fruits, Fruit juices, Fruits,
Laboratories, Nuts, Vegetables.
7 CFR Part 94
Agricultural commodities, Eggs, Laboratories, Poultry.
7 CFR Part 98
Agricultural commodities, Laboratories, Meat and Meat products.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend Title 7, chapter I, subchapter E,
of the Code of Federal Regulations as follows:
PART 90--[AMENDED]
1. The authority citation for part 90 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
Sec. 90.1 [Amended]
2. In Sec. 90.1, the words ``Science and Technology Division'' are
revised to read ``Science and Technology'', the words ``Science and
Technology Division's'' are revised to read ``Science and
Technology's'', and the word ``S&TD'' is revised to read ``S&T''
everywhere they appear.
Sec. 90.2 [Amended]
3. In Sec. 90.2, the definitions of ``Director,'' ``Division'' and
``Laboratories'' are removed and new definitions of ``Deputy
Administrator'', ``Laboratories'', and ``Program'' are added in
alphabetical order read as follows:
Sec. 90.2 General terms defined.
* * * * *
Deputy Administrator. The Deputy Administrator of the Science and
Technology program of the Agricultural Marketing Service agency, or any
officer or employee of this agency to whom authority has heretofore
been delegated, or to whom authority may hereafter be delegated, to
act.
Laboratories. Science and Technology laboratories performing the
official analyses described in this subchapter.
Program. The Science and Technology (S&T) program of the
Agricultural Marketing Service (AMS) which performs official analytical
testing services, issues licenses for cottonseed chemists, and conducts
quality assurance reviews and grants accreditation or certification for
commodity testing programs of laboratories.
* * * * *
Sec. 90.3 [Amended]
4. In Sec. 90.3, the words ``Science and Technology Division'' are
revised to read ``Science and Technology''.
Sec. 90.101 [Amended]
5. In Sec. 90.101, the words ``Science and Technology Division''
are revised to read ``Science and Technology''.
Sec. 90.102 [Amended]
6. In Sec. 90.102, the word ``Director'' is revised to read
``Deputy Administrator''.
PART 91--[AMENDED]
7. The authority citation for part 91 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
Sec. 91.1 [Amended]
8. In Sec. 91.1, the words ``Science and Technology Division'' are
revised to read ``Science and Technology''.
9. In Sec. 91.2, the definition for ``Applicant'' is revised and
the definition for ``Agency'' is added to read as follows:
Sec. 91.2 Definitions.
* * * * *
Agency. The Agricultural Marketing Service agency of the United
States Department of Agriculture.
* * * * *
Applicant. Any person or organization requesting services provided
by the Science and Technology (S&T) programs.
* * * * *
Sec. 91.3 [Amended]
10. In Sec. 91.3, the words ``Division Director'' are revised to
read ``Deputy Administrator''.
11. Section 91.4 is revised to read as follows:
Sec. 91.4 Kinds of services.
(a) Analytical tests. Analytical laboratory testing services under
the regulations in this subchapter consist of microbiological,
chemical, and certain
[[Page 34310]]
other analyses, requested by the applicant and performed on tobacco,
seed, dairy, egg, fruit and vegetable, meat and poultry products, and
related processed products. Analyses are performed to determine if
products meet Federal specifications or specifications defined in
purchase contracts and cooperative agreements. Laboratory analyses are
also performed on egg products as part of the mandatory Egg Products
Inspection Program under the management of USDA's Food Safety and
Inspection Service (FSIS) as detailed in 9 CFR 590.580.
(b) Examination and licensure. The manager of the Science and
Technology's Cottonseed Chemist Licensing Program administers
examinations and licenses chemists to certify the official grade of
cottonseed.
(c) Quality assurance reviews. The Science and Technology
representative performs on-site laboratory quality assurance reviews
(both required and voluntary) to ensure that appropriate technical
methods, equipment maintenance, and quality control procedures are
being observed.
(d) Consultation. Technical advice, statistical science
consultation, and quality assurance program assistance are provided by
the representatives for the Science and Technology programs for
domestic and foreign laboratories.
12. Section 91.5 is revised to read as follows:
Sec. 91.5 Where services are offered.
(a) Services are offered to applicants at the Science and
Technology laboratories and facilities in the following list.
(1) Science and Technology regional laboratories. A variety of
tests and laboratory analyses are available in two regional multi-
disciplinary Science and Technology (S&T) laboratories, and are located
as follows:
(i) USDA, AMS, S&T, Midwestern Laboratory, 3570 North Avondale Avenue,
Chicago, IL 60618-5391.
(ii) USDA, AMS, S&T, Eastern Laboratory (Microbiology), 2311-B Aberdeen
Boulevard, Gastonia, NC 28054.
(iii) USDA, AMS, S&T, Eastern Laboratory (Chemistry), 645 Cox Road,
Gastonia, NC 28054.
(2) Science and Technology (S&T) aflatoxin laboratories. The
specialty laboratories performing aflatoxin testing on peanuts, peanut
products, dried fruits, grains, edible seeds, tree nuts, shelled corn
products, oilseed products and other commodities are located as
follows:
(i) USDA, AMS, S&T, 1211 Schley Avenue, Albany, GA 31707.
(ii) USDA, AMS, S&T, c/o Golden Peanut Company, Mail: P.O. Box 279, 301
West Pearl Street, Aulander, NC 27805.
(iii) USDA, AMS, S&T, 610 North Main Street, Blakely, GA 31723.
(iv) USDA, AMS, S&T, 107 South Fourth Street, Madill, OK 73446.
(v) USDA, AMS, S&T, c/o Cargill Peanut Products, Mail: P.O. Box 272,
715 North Main Street, Dawson, GA 31742-0272.
(vi) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street, Suffolk,
VA 23434.
(3) Citrus laboratory. The Science and Technology's citrus
laboratory specializes in testing citrus juices and other citrus
products and is located as follows: USDA, AMS, S&T Eastern Laboratory
(Citrus), 98 Third Street, S.W., Winter Haven, FL 33880.
(4) Program laboratories. Laboratory services are available in all
areas covered by cooperative agreements providing for this laboratory
work and entered on behalf of the Department with cooperating Federal
or State laboratory agencies pursuant to authority contained in Act(s)
of Congress. Also, services may be provided in other areas not covered
by a cooperative agreement if the Administrator determines that it is
possible to provide such laboratory services.
(5) Other alternative laboratories. Laboratory analyses may be
conducted at alternative Science and Technology laboratories and can be
reached from any commodity market in which a laboratory facility is
located to the extent laboratory personnel are available.
(6) The Plant Variety Protection (PVP) Office. The PVP office and
plant examination facility of the Science and Technology programs
issues certificates of protection to developers of novel varieties of
plants which reproduce sexually. The PVP office is located as follows:
USDA, AMS, Science & Technology, Plant Variety Protection Office,
National Agricultural Library Building, Room 500, 10301 Baltimore
Boulevard, Beltsville, MD 20705-2351.
(7) Science and Technology headquarters offices. The examination,
licensure, quality assurance reviews, laboratory accreditation/
certification and consultation services are provided by headquarters
staff located in Washington, DC. The main headquarters office is
located as follows: USDA, AMS, Science and Technology, Office of the
Deputy Administrator, Room 3507 South Agriculture Bldg., Mail Stop
0222, 1400 Independence Ave., SW., Washington, DC 20250.
(8) The Information Technology (IT) Office. The IT office of the
Science and Technology programs is headed by AMS's Chief Information
Officer (CIO) and provides information technology services and
management systems to the Agency and other agencies within the USDA.
The main IT office is located as follows: USDA, AMS, Science and
Technology, Office of the Chief Information Officer, 1752 South
Agriculture Bldg., 1400 Independence Ave., SW., Washington, DC 20250.
(9) Statistical Branch office. The Statistical Branch office of
Science and Technology (S&T) provides statistical services to the
Agency and other agencies within the USDA. In addition, the Statistical
Branch office devices sample plans and performs consulting services for
research studies in joint efforts with or in a leading role with other
program areas of AMS or of the USDA. The main Statistical Branch office
is located as follows: USDA, AMS, S&T Statistical Branch, 0611 South
Agriculture Bldg., 1400 Independence Ave., SW., Washington, DC 20250.
(10) Offices for Pesticide Residue Programs. Services afforded by
the Federal Pesticide Record Keeping Program for restricted-use
pesticides by certified applicators and services afforded by the
Pesticide Data Program (PDP) are provided by offices located as
follows:
(i) USDA, AMS, Science and Technology, Pesticide Data Branch, 8700
Centreville Road, Suite 200, Manassas, VA 20110-8411.
(ii) USDA, AMS, Science and Technology, Pesticide Records Branch, 8700
Centreville Road, Suite 202, Manassas, VA 20110-8411.
(iii) USDA, AMS, Science and Technology, Office of Associate Deputy
Administrator, Room 3522 South Agriculture Bldg., 1400 Independence
Ave., SW., Washington, DC 20250.
(b) The addresses of the various laboratories and offices appear in
the pertinent parts of this subchapter. A prospective applicant may
obtain a current listing of addresses and telephone numbers of Science
and Technology laboratories, offices, and facilities by addressing an
inquiry to the Administrative Officer, Science and Technology,
Agricultural Marketing Service, United States Department of Agriculture
(USDA), P.O. Box 96456, Room 0727 South Building, Mail Stop 0271,
Washington, DC 20090-6456.
Sec. 91.6 [Amended]
13. In Sec. 91.6, paragraph (a), the words ``Science and Technology
Division'' are
[[Page 34311]]
revised to read ``Science and Technology''.
14. Section 91.9 is revised to read as follows:
Sec. 91.9 How to make an application.
(a) Voluntary. An application for analysis and testing may be made
by contacting the director or supervisor of the Science and Technology
laboratory where the service is provided, or by contacting the
Technical Services Branch Chief at Science and Technology Headquarters,
Washington, DC. A list of the Science and Technology laboratories is
included in Sec. 91.5.
(b) Mandatory. In the case of mandatory analyses, such as those
required to be performed on eggs and egg products, application for
services may be submitted to the office or USDA agency which
administers the program, or by contacting an inspector or grader who is
involved with the program.
15. Section 91.23 is revised to read as follows:
Sec. 91.23 Analytical methods.
Most analyses are performed according to approved procedures
described in manuals of standardized methodology. These standard
methods are the specific methods used. Alternatively, equivalent
methods prescribed in cooperative agreements are used. The manuals of
standard methods most often used by the Science and Technology
laboratories are listed as follows:
(a) Approved Methods of the American Association of Cereal Chemists
(AACC), American Association of Cereal Chemists/Eagan Press, 3340 Pilot
Knob Road, St. Paul, Minnesota 55121-2097.
(b) ASTA's Analytical Methods Manual, American Spice Trade
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs,
New Jersey 07632.
(c) Compendium Methods for the Microbiological Examination of
Foods, Carl Vanderzant and Don Splittstoesser (Editors), American
Public Health Association, 1015 Fifteenth Street, NW, Washington, DC
20005.
(d) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's
Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional
Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY
10159-0945.
(e) FDA Bacteriological Analytical Manual (BAM), AOAC
INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD
20877-2417.
(f) Manual of Analytical Methods for the Analysis of Pesticide
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S.
Environmental Protection Agency (EPA) Chemical Exposure Research
Branch, EPA Office of Research and Development (ORD), 26 West Martin
Luther King Drive, Cincinnati, Ohio 45268.
(g) Official Methods and Recommended Practices of the American Oil
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box
3489, 2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
(h) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I &
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500,
Gaithersburg, MD 20877-2417.
(i) Standard Analytical Methods of the Member Companies of Corn
Industries Research Foundation, Corn Refiners Association (CRA), 1701
Pennsylvania Avenue, NW, Washington, DC 20006.
(j) Standard Methods for the Examination of Dairy Products,
American Public Health Association, 1015 Fifteenth Street, NW,
Washington, DC 20005.
(k) Standard Methods for the Examination of Water and Wastewater,
American Public Health Association (APHA), the American Water Works
Association (AWWA) and the Water Pollution Control Federation, AWWA
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
(l) Test Methods for Evaluating Solid Waste Physical/Chemical
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846
Integrated Manual (available from National Technical Information
Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road,
Springfield, VA 22161).
(m) U.S. Army Natick Research, Development and Engineering Center's
Military Specifications, approved analytical test methods noted
therein, Code NPP-9, Department of Defense Single Stock Point (DODSSP)
for Military Specifications, Standards, Building 4/D, 700 Robbins
Avenue, Philadelphia, PA 19111-5094.
(n) U.S. Food and Drug Administration, Pesticide Analytical Manuals
(PAM), Volumes I and II, Food and Drug Administration, Center for Food
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC
20204 (available from National Technical Information Service (NTIS),
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA
22161).
16. Section 91.24 is revised to read as follows:
Sec. 91.24 Reports of test results.
(a) Results of analyses are provided, in writing, by facsimile, by
e-mail or other electronic means to the applicant.
(b) Applicants may call the appropriate Science and Technology
laboratory for interim or final results prior to issuance of the formal
report. The advance results may be telegraphed, e-mailed, telephoned,
or sent by facsimile to the applicant. Any additional expense for
advance information shall be borne by the requesting party.
(c) A letter report in lieu of an official certificate of analysis
may be issued by a laboratory representative when such action appears
to be more suitable than a certificate: Provided, that, issuance of
such report is approved by the Deputy Administrator.
Sec. 91.25 [Amended]
17. In Sec. 91.25, the words ``Division Director'' are revised to
read ``Deputy Administrator''.
Sec. 91.26 [Amended]
18. In Sec. 91.26, the words ``Division Director'' are revised to
read ``Deputy Administrator'', and the word ``Division'' is revised to
read ``Science and Technology Program'' everywhere they appear.
Sec. 91.31 [Amended]
19. In Sec. 91.31, the words ``Division Director'' are revised to
read ``Deputy Administrator''.
20. Section 91.32 is revised to read as follows:
Sec. 91.32 Where to file for an appeal of a laboratory service and
information required.
(c) Application for an appeal of a laboratory service may be filed
with the supervisor in the office or the director of the laboratory
facility that issued the certificate or laboratory report on which the
appeal analysis covering the commodity product is requested.
(b) The application for an appeal of a laboratory service shall
state the location of the lot of the commodity product and the reasons
for the appeal; and date and serial number of the certificate covering
the laboratory service of the commodity product on which the appeal is
requested. In addition, such application shall be accompanied by the
original and all available copies of the certificate or laboratory
report.
(c) Application for an appeal of a laboratory service may be made
orally (in person or by telephone), in writing, by e-mail, by
facsimile, or by telegraph. If made orally, written confirmation shall
be made promptly.
[[Page 34312]]
21. In part 91, subpart I Secs. 91.37 through 91.40 are revised to
read as follows:
Sec. 91.37 Standard hourly fee rate for laboratory testing, analysis,
and other services.
(a) The standard hourly fee rate in this section for the individual
laboratory analyses cover the costs of Science and Technology
laboratory services, including issuance of certificates and personnel
and overhead costs other than the commodity inspection fees referred to
in 7 CFR 52.42 through 52.46, 52.48 through 52.51, 55.510 through
55.530, 55.560 through 55.570, 58.38 through 58.43, 58.45 through
58.46, 70.71 through 70.72, and 70.75 through 70.78. The hourly fee
rates in this part 91 apply to all processed commodity products, except
flue-cured and burley tobacco, and exclude aflatoxin analyses, citrus
juices and certain citrus products. The printed updated schedules of
the laboratory testing fees for processed fruits and vegetables (7 CFR
part 93), poultry and egg products (7 CFR part 94), and meat and meat
products (7 CFR part 98) will be available for distribution by the
individual Laboratory Directors of Science and Technology laboratories
listed in Sec. 91.5. The updated schedules of the laboratory testing
fees are also available for electronic access on the world wide web
(www) site at: http://ams.usda.gov/science. The fees for chemical
analysis of cottonseed associated with grading and novel variety seed
certification under the Plant Variety Protection Act are specified in 7
CFR parts 96 and 97, respectively. Except as otherwise provided in this
section, charges will be made for laboratory analysis at the standard
hourly rate of $45.00 for the time required to perform the service. A
minimum charge of one-quarter hour at $11.25 will be made for service
pursuant to each request or certificate issued.
(b) When a laboratory test service is provided for AMS by a
commercial or State government laboratory, the applicant will be
assessed a fee which covers the costs to the Science and Technology
program for the service provided.
When Science and Technology staff provides applied and
developmental research and training activities for microbiological,
physical and chemical analyses on agricultural commodities the
applicant will be charged a fee on a reimbursable cost basis.
General Schedules of Fees for Official Laboratory Test Services
Performed at the AMS Science and Technology Laboratories for Processed
Commodity Products
Table 1.--Single Test Laboratory Fees for Proximate Analyses
------------------------------------------------------------------------
Type of analysis List fee
------------------------------------------------------------------------
Ammonia, Ion Selective Electrode............................. $101.25
Ash, Total................................................... 45.00
Chloride, Salt Titration (Dairy)............................. 22.50
Fat, Acid Hydrolysis (Cheese)................................ 45.00
Fat, Acid Hydrolysis (Mojonnier)............................. 45.00
Fat (Dairy Products except Cheese)........................... 22.50
Fat (Dry Basis).............................................. 67.50
Fat, Ether Extraction (Soxhlet).............................. 45.00
Fat (Kohman Analysis)........................................ 45.00
Fat, Microwave--Solvent Extraction........................... 45.00
Moisture, Distillation....................................... 45.00
Moisture, Oven............................................... 22.50
Moisture (Kohman Analysis)................................... 11.25
Protein, Combustion.......................................... 90.00
Protein, Kjeldahl............................................ 90.00
Salt, Back Titration......................................... 33.75
Salt, Potentiometric......................................... 22.50
Salt, (Rapid)................................................ 33.75
------------------------------------------------------------------------
Table 2.--Single Test Laboratory Fees for Lipid Related Analyses
------------------------------------------------------------------------
Type of analysis List fee
------------------------------------------------------------------------
Acid Degree Value (Dairy).................................... $45.00
Acidity, Titratable.......................................... 22.50
Density (Specific Gravity)................................... 11.25
Dispersibility (Instant Dry Whole Milk)...................... 67.50
Dispersibility (Moates-Dabbah Method)........................ 22.50
Fat Stability,\1\ AOM........................................ 45.00
Fatty Acid Profile (AOAC-GC method).......................... 180.00
Flash Point Test only........................................ 90.00
Free Fatty Acids............................................. 22.50
Meltability (Process Cheese)................................. 22.50
Peanut Oil Analyses (Oil, Moisture, Free Fatty Acids, 45.00
Ammonia, and Foreign Matter)................................
Any One of the Oilseed Oil Analyses.......................... 22.50
Peroxide Value............................................... 33.75
Smoke Point Test only........................................ 90.00
Smoke Point and Flash Point.................................. 157.50
Solids, Total (Oven Drying).................................. 22.50
Soluble Solids, Refractometer................................ 22.50
------------------------------------------------------------------------
\1\ Peroxide value analysis is required as a prerequisite to the fat
stability test at the additional fee.
Table 3.--Single Test Laboratory Fees for Food Additives (Direct and
Indirect)
------------------------------------------------------------------------
Type of analysis List fee
------------------------------------------------------------------------
Amitraz Residue, GLC.................................... $270.00
Antibiotic, Qualitative (Dairy)......................... 22.50
Antibiotic, Quantitative \1\............................ 393.75
Ascorbates (Qualitative--Meats)......................... 22.50
Ascorbic Acid, Titration................................ 45.00
Ascorbic Acid, Spectrophotometric....................... 45.00
Brix, Direct Percent Sucrose............................ 22.50
Brix, Dilution.......................................... 22.50
Butylated Hydroxyanisole (BHA).......................... 67.50
Butylated Hydroxytoluene (BHT).......................... 67.50
Caffeine, Micro Bailey-Andrew........................... 67.50
Caffeine, Spectrophotometric............................ 78.75
Citric Acid, GLC or HPLC................................ 67.50
Chlorinated Hydrocarbons:
Pesticides and Industrial Chemicals--
Initial Screen.................................. 180.00
Second Column Confirmation of Analyte........... 45.00
Confirmation on Mass Spectrometer (Per Residue). 90.00
Dextrin (Qualitative)................................... 22.50
Dextrin (Quantitative).................................. 135.00
Filth, Heavy (Dairy).................................... 112.50
Filth, Heavy (Eggs)..................................... 180.00
Filth, Light (Eggs)..................................... 112.50
[[Page 34313]]
Filth, Light & Heavy (Eggs Extraneous).................. 270.00
Fines................................................... 22.50
Flavor (Dairy).......................................... 11.25
Flavor (Products except Dairy).......................... 33.75
Fumigants:
Initial Screen--
Dibromochloropropane (DBCP)..................... 45.00
Ethylene Dibromide.............................. 45.00
Methyl Bromide.................................. 45.00
Confirmation on Mass Spectrometer--
Each individual fumigant residue................ 90.00
Glucose (Qualitative)................................... 33.75
Glucose (Quantitative).................................. 78.75
Glycerol (Quantitative)................................. 135.00
Gums.................................................... 135.00
Heavy Metal Screen \2\.................................. 326.25
Mercury, Cold Vapor AA.................................. 135.00
Monosodium Dihydrogen Phosphate......................... 180.00
Monosodium Glutamate.................................... 180.00
Niacin.................................................. 90.00
Ochratoxin A............................................ 67.50
Odor.................................................... 11.25
Organic Acids (in Eggs)................................. 180.00
Oxygen.................................................. 22.50
Palatability and Odor:
Each Sample......................................... 22.50
Penicillin.............................................. 67.50
Pyrethrin Residue (Dairy)............................... 180.00
Scorched Particles...................................... 22.50
Sodium, Potentiometric.................................. 45.00
Sodium Benzoate, HPLC................................... 67.50
Sodium Lauryl Sulfate (SLS)............................. 360.00
Sodium Silicoaluminate (Zeolex)......................... 90.00
Solubility Index........................................ 11.25
Starch, Direct Acid Hydrolysis.......................... 90.00
Starch (in Dry Milk).................................... 22.50
Sugar, Polarimetric Methods............................. 33.75
Sugar Profile, HPLC \3\.................................
One type sugar from HPLC profile.................... 135.00
Each additional type sugar.......................... 22.50
Sugars, Non-Reducing.................................... 135.00
Sulfur Dioxide, Direct Titration........................ 45.00
Toluene, Residual....................................... 90.00
Vitamin A, Carr-Price (Dairy)........................... 112.50
Vitamin A, HPLC......................................... 90.00
Vitamin B-1 (Thiamin)................................... 90.00
Vitamin B-2 (Riboflavin)................................ 90.00
Vitamin D, HPLC (Vitamins D
Whey Protein Nitrogen................................... 33.75
Whey Protein Nitrogen, Kjeldahl......................... 112.50
Xanthydrol Test For Urea................................ 67.50
This is an optional test to the extraneous materials
isolation test.
------------------------------------------------------------------------
\1\ Antibiotic testing includes tests for chlorotetracycline,
oxytetracycline, and tetracycline.
\2\ Heavy metal screen includes tests for cadmium, lead, and mercury.
\3\ This profile includes the following components: Dextrose, Fructose,
Lactose, Maltose and Sucrose.
Table 4.--Single Test Laboratory Fees for Other Chemical and Physical
Component Analyses
------------------------------------------------------------------------
Type of analysis List fee
------------------------------------------------------------------------
Cheese (Fines)............................................. $11.25
Color, Apparent--Visual.................................... 11.25
Complete Kohman Analysis (Dairy)........................... 45.00
Hot Water Insolubles....................................... 67.50
Linolenic Acid............................................. 90.00
Net Weight (Per Can)....................................... 11.25
Non-Volatile Methylene Chloride Extract.................... 112.50
Overrun for Whipped Topping................................ 33.75
Particle Size (Ether Wash)................................. 22.50
pH......................................................... 11.25
pH--Quinhydrone (Cheese)................................... 22.50
[[Page 34314]]
Potassium Iodide (Table Salt).............................. 67.50
Protein Reducing Substances................................ 45.00
Quinic Acid (Cranberry Juice).............................. 78.75
Serum Drainage for Whipped Topping......................... 22.50
Sieve or Particle Size..................................... 22.50
Rate of Wetting (Nondairy Creamer)......................... 22.50
Reducing Sugars............................................ 90.00
Water Activity............................................. 22.50
Water Insoluble Inorganic: Residues (WIIR)................. 90.00
------------------------------------------------------------------------
Table 5.--Single Test Laboratory Fees for Microbiological Analyses
[[Page 34315]]
Listeria monocytogenes test using the FDA method may be in three steps
Table 6.--Laboratory Fees for Aflatoxin Analyses
Table 7.--Miscellaneous Charges Supplemental to the Science and
Table 8.--Additional Charges Applicable to the Sample Receipt and
Sec. 91.38 Additional fees for appeal of analysis.
(a) The appellant will be charged an additional fee at a rate of
[[Page 34316]]
Sec. 91.39 Premium hourly fee rate for overtime and legal holiday
(a) Laboratory analyses initiated at the special request of the
Sec. 91.40 Fees for courier service and facsimile of the analysis
(a) The Science and Technology laboratories have a courier charge
Sec. 91.41 [Amended]
22.-26. In Sec. 91.41, the words ``Division Director'' are revised
Sec. 91.42 Billing.
(a) Each billing cycle will end on the 25th of the month. The
Sec. 91.43 Payment of fees and charges.
* * * * *
Sec. 91.44 Charges on overdue accounts and issuance of delinquency
* * * * *
Sec. 91.45 Charges for laboratory services on a contract basis.
(a) Irrespective of hourly fee rates and charges prescribed in
PART 92--[AMENDED]
1. The authority citation for part 92 continues to read as follows:
Authority: 7 U.S.C. 511m and 7 U.S.C. 511r.
Sec. 92.1 [Amended]
2. In Sec. 92.1, the words ``Science and Technology Division's''
Sec. 92.2 [Amended]
3. Section 92.2 is amended as follows:
Sec. 92.2 Definitions.
* * * * *
[[Page 34317]]
Maximum pesticide residue level. The maximum concentration of
Sec. 92.3 Location for laboratory testing and kind of services
(a) The analytical testing of imported Type 92 flue-cured tobacco
Sec. 92.4 Approved forms for reporting analytical results.
* * * * *
Sec. 92.5 Analytical methods.
Every chemist certified to analyze tobacco samples for pesticide
Sec. 92.6 Cost for pesticide analysis set by cooperative agreement.
The fee for the pesticide analysis of tobacco is set by the AMS
PART 93--[AMENDED]
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
Sec. 93.2 [Amended]
2. In Sec. 93.2, the definitions for ``Brix or degrees Brix'',
Sec. 93.2 Definitions.
* * * * *
[[Page 34318]]
refractometer along with the ``International Scale of Refractive
Sec. 93.3 Analyses available and location of laboratory.
(a) Laboratory analyses of citrus juice and other citrus products
Sec. 93.4 Analytical methods.
(a) The majority of analytical methods for citrus products are
Sec. 93.5 Fees for citrus product analyses set by cooperative
The fees for the analyses of fresh citrus juices and other citrus
Sec. 93.11 Definitions.
* * * * *
Sec. 93.12 Analyses available and locations of laboratories.
(a) Aflatoxin testing services. The aflatoxin analyses for peanuts,
(1) USDA, AMS, S&T, 1211 Schley Avenue, Albany, GA 31707.
(b) Peanuts, peanut products, and oilseed testing services. (1) The
Sec. 93.13 Analytical methods.
Official analyses for peanuts, nuts, corn, oilseeds, and related
[[Page 34319]]
Chemists (AACC), American Association of Cereal Chemists/Eagan Press,
Sec. 93.14 Fees for aflatoxin analysis and fees for testing of other
(a) The fee charged for any laboratory analysis for aflatoxins and
Sec. 93.15 Fees for analytical testing of oilseeds.
The fee charged for any laboratory analysis for oilseeds shall be
PART 94--[AMENDED]
1. The authority citation for part 94 continues to read as follows:
Authority: Secs. 2-28 of the Egg Products Inspection Act (84
2. In Sec. 94.2, the definitions for ``Egg'', ``Egg product'' and
Sec. 94.2 Definitions.
* * * * *
Sec. 94.3 Analyses performed and locations of laboratories.
(a) Samples drawn by a USDA egg products inspector will be analyzed
Sec. 94.4 Analytical methods.
The majority of analytical methods used by the USDA laboratories to
[[Page 34320]]
(f) Standard Methods for the Examination of Dairy Products,
PART 98--[AMENDED]
1. The authority citation for part 98 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
2. In part 98, the words ``Science and Technology Division'' are
Dated: May 22, 2000.
This archive was generated by hypermail 2b29
: 2000/05/26 EST
------------------------------------------------------------------------
Type of analysis List fee
------------------------------------------------------------------------
Aerobic (Standard) Plate Count.......................... $22.50
Anaerobic Bacterial Plate Count......................... 33.75
Bacillus cereus......................................... 90.00
Bacterial Direct Microscopic Count...................... 45.00
Coliform Plate Count (Dairy Products)................... 22.50
Coliform Plate Count, Violet Red Bile Agar (Presumptive 33.75
Coliform Plate Count)..................................
Coliforms, Most Probable Number (MPN): \1\
Step 1.............................................. 33.75
Step 2.............................................. 22.50
Direct Microscopic Clump Count.......................... 11.25
Direct Microscopic Clump Count-- Greater Than 75 Million 45.00
E. coli, Presumptive MPN (Additional) \2\............... 45.00
E. coli (MUG \3\)....................................... 33.75
Enterococci Count....................................... 135.00
Howard Mold Count \4\................................... 56.25
Lactobacillus Count \5\................................. 56.25
Lactic Acid Tolerant Microbes........................... 22.50
Listeria monocytogenes Confirmation Analysis: \6\
Step 1.............................................. 67.50
Step 2.............................................. 56.25
Step 3 (Confirmation)............................... 112.50
Parasite Identification................................. 180.00
Psychrotrophic Bacterial Plate Count.................... 45.00
Salmonella (USDA Culture Method): \7\
Step 1.............................................. 78.75
Step 2.............................................. 33.75
Step 3 (Confirmation)............................... 56.25
Salmonella Enumeration (Complete Test).................. 135.00
Salmonella (Rapid Methods): \8\
Step 1.............................................. 78.75
Step 2.............................................. 33.75
Step 3 (Confirmation)............................... 56.25
Salmonella typhi (Meat Products) \9\.................... 45.00
Staphylococcus aureus, Direct Plating................... 67.50
Staphylococcus aureus, MPN: With Coagulase Positive 78.75
Confirmation...........................................
Thermoduric Bacterial Plate Count....................... 33.75
Yeast and Mold Count.................................... 22.50
Yeast and Mold Differential Confirmation................ 22.50
Yeast and Mold Differential Plate Count................. 33.75
Yeast or Mold Confirmation.............................. 22.50
------------------------------------------------------------------------
\1\ Coliform MPN analysis may be in two steps as follows: Step 1--
presumptive test through lauryl sulfate tryptose broth; Step 2--
confirmatory test through brilliant green lactose bile broth.
\2\ Step 1 of the coliform MPN analysis is a prerequisite for the
performance of the presumptive E. coli test. Prior enrichment in
lauryl sulfate tryptose broth is required for optimal recovery of E.
coli from inoculated and incubated EC broth (Escherichia coli broth).
The E. coli test is performed through growth on eosin methylene blue
agar. The fee stated for E. coli analysis is a supplementary charge to
step 1 of coliform test.
\3\ In the presence of the substrate 4-methylumbelliferone-
glucuronide (MUG), the enzyme
in the majority of E. coli strains, produces a fluorogenic end product
which is visible under ultraviolet (UV) light.
\4\ Howard Mold Count involves counting mold filaments in commodity
products.
\5\ Determination of bacterial plate count of different species of
Lactobacillus.
\6\ Listeria monocytogenes test using the USDA method may be in three
steps as follows: Step 1--isolation by University of Vermont modified
(UVM) broth and Fraser's broth enrichments and selective plating with
Modified Oxford (MOX) agar; Presumptive Step 2--typical colonies
inoculated from Horse Blood into brain heart infusion (BHI) broth and
check for characteristic motility; Confirmatory Step 3--culture from
BHI broth with typical motility is inoculated into the seven
biochemical media, BHI agar for oxidase and catalase tests, Motility
test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.
as follows: Step 1--isolation by trypticase soy broth with 0.6% yeast
extract (TSB-YE) broth enrichment and selective plating with Modified
McBrides agar and Lithium chloride Phenylethanol Moxalactam (LPM)
agar; Presumptive Step 2--typical colonies inoculated to trypticase
soy agar with yeast extract (TSA-YE) with sheep blood plates to check
for hemolysis followed by inoculations to BHI broth and TSA-YE plates
to check for characteristic motility, gram stain and catalase test;
Confirmatory Step 3--culture from BHI broth with typical motility for
wet mount is inoculated into the required 10 biochemical media,
Sulfide-Indole-Motility (SIM) medium, and the CAMP test. Serology is
checked using growth from TSA-YE plates.
Both methods for Listeria determination have the equivalent time needed
for each step.
\7\ Salmonella test may be in three steps as follows: Step 1-- growth
through differential agars; Step 2--growth and testing through triple
sugar iron and lysine iron agars; Step 3-- confirmatory test through
biochemicals, and polyvalent serological testing with Poly ``O'' and
Poly ``H'' antiserums. The serological typing of Salmonella is
requested on occasion.
\8\ Salmonella test may be in three steps as follows: Step 1--growth in
enrichment broths and ELISA test or DNA hybridization system assay;
Step 2--growth and testing through triple sugar iron and lysine iron
agars; Step 3--confirmatory test through biochemicals, and polyvalent
serological testing with Poly ``O'' and Poly ``H'' antiserums.
\9\ Salmonella typhi determination in mechanically deboned meat.
------------------------------------------------------------------------
Pair analyses
Aflatoxin test by commodity Single \1\ fee
analysis fee
------------------------------------------------------------------------
Peanut Butter (TLC-CB, HPLC, Affinity $45.00 NA \2\
Column)................................
Corn (TLC-CB, HPLC, Affinity Column).... 45.00 NA
Roasted Peanuts (TLC-BF)................ 45.00 NA
Brazil Nuts (TLC-BF).................... 90.00 NA
Pistachio Nuts (TLC-BF, HPLC)........... 90.00 NA
Shelled Peanuts (TLC, Affinity Column).. 45.00 38.00
Shelled Peanuts (HPLC).................. 45.00 70.00
Tree Nuts (TLC)......................... 45.00 NA
Oilseed Meals (TLC, HPLC, Affinity 45.00 NA
Column)................................
Edible Seeds (TLC)...................... 45.00 NA
Dried Fruit (TLC)....................... 45.00 NA
Small Grains (TLC)...................... 45.00 NA
In-Shell Peanuts (TLC, Affinity Column). 45.00 38.00
In-Shell Peanuts (HPLC)................. 45.00 70.00
Silage; Other Grains (TLC).............. 45.00 NA
Submitted Samples (TLC, HPLC, Affinity 45.00 NA
Column)................................
Aflatoxin (Dairy, Eggs)................. 157.50 NA
------------------------------------------------------------------------
\1\ Aflatoxin testing of raw peanuts under Peanut Marketing Agreement
for subsamples 1-AB, 2-AB, 3-AB, and 1-CD for single or pair of
analyses is $19.00 or $38.00, respectively using Thin-Layer
Chromatography (TLC) and Best Foods (BF) extraction or immunoaffinity
column assay with fluorometric quantitation. The BF method has been
modified to incorporate a water slurry extraction procedure. The
Contaminants Branch (CB) method is used on occasion as an alternative
method for peanuts and peanut meal when doubt exists as to the
effectiveness of the Best Foods method in extracting aflatoxin from
the sample or when background interferences exist that might mask TLC
quantitation of aflatoxin. The cost per single or pair of analyses
using High Pressure Liquid Chromatography (HPLC) is $35.00 and $70.00,
respectively. Other aflatoxin analyses for fruits and vegetables are
listed at Science and Technology's current hourly rate of $45.00.
\2\ NA denotes not applicable.
Technology's Laboratory Analysis Fees
------------------------------------------------------------------------
Laboratory service description List fee
------------------------------------------------------------------------
Sample Grinding by Vertical Cutter $22.50.
Mixer (VCM).
Sample Grinding Canned Boned Poultry... 11.25 per can.
Sample Grinding by Dickens Hammer Mill. 11.25.
Sample Grinding (Meats, Meat Products,
Meals, Ready-to-Eat):
Per pouch or raw sample............ 11.25.
Per tray pack...................... 22.50.
Compositing Multiple Subsamples for an Varies Preparation fee based on
Individual Test Sample Unit per $45.00 per hour.
subsample.
------------------------------------------------------------------------
Analysis Report
------------------------------------------------------------------------
Service description List charge
------------------------------------------------------------------------
Courier Expense at Other AMS Varies (based on total
Laboratories: Mileage Charge Set at mileage).
32.5 Per Mile Round Trip from
Laboratory to Delivery Site.
Facsimile Charge (Per Analysis Report). $3.20 minimum up to first 3
pages, then $1.50 per page.
Additional Analysis Report or Extra $22.50 per report or
Certificate (\1/2\ hour charge). certificate reissued.
------------------------------------------------------------------------
1.5 times the standard rate stated in Sec. 91.37(a) if, as a result of
an authorized appeal analysis, it is determined that the original test
results are correct. The appeal laboratory rate is $67.50 per analysis
hour.
(b) The appeal fee will be waived if the appeal laboratory test
discloses that an inadvertent error was made in the original analysis.
service.
applicant to be rendered on Saturdays, Sundays, Federal holidays, and
on an overtime basis will be charged at a rate of 1.5 times the
standard rate stated in Sec. 91.37 (a). The premium laboratory rate for
holiday and overtime service will be $67.50 per analysis hour.
(b) Information on legal holidays or what constitutes overtime
service at a particular S&T laboratory is available from the Laboratory
Director or facility supervisor.
report.
per trip to retrieve the sample package. The courier service charge is
determined from the established single standard mileage rate and from
the total authorized distance based on the shortest round trip route
from laboratory to sample retrieval site. Pursuant to the requirements
of Title 5, United States Code (U.S.C.), part III, subpart D,
Sec. 5704, paragraph (a) (1), the automobile reimbursement rate per
mile established by the Administrator of General Services for an
employee who is engaged on official business for the Government cannot
exceed the single standard mileage rate established by the Internal
Revenue Service (IRS).
(b) The faxing of laboratory analysis reports or certificates is an
optional service for each S&T facility offered at a fee specified in
table 8 in Sec. 91.37.
to read ``Deputy Administrator.''
27. Sec. 91.42 is revised to read as follows:
applicant will be billed by the National Finance Center using the
Billings and Collections System (BLCO) on the 1st day, following the
end of the billing cycle in which voluntary laboratory services and
other services were rendered at a particular Science and Technology
laboratory.
(b) The total charge shall normally be stated directly on the
analysis report or on a standardized official certificate form for the
laboratory analyses of a specific agricultural commodity and related
commodity products.
(c) The actual bill for collection will be issued by the USDA,
National Finance Center Billings and Collection Branch, (Mail: P.O. Box
60075), 13800 Old Gentilly Road, New Orleans, Louisiana 70160-0001.
28. In Sec. 91.43, paragraph (b) is revised and in paragraph (c)
the words ``Division Director'' are removed and the words ``Deputy
Administrator'' are added in their place to read as follows:
(b) Fees and charges for services under a cooperative agreement
with a State or other AMS programs or other governmental agency will be
paid in accordance with the terms of the cooperative agreement.
* * * * *
29. In Sec. 91.44, paragraph (e) is revised to read as follows:
notices.
(e) The Deputy Administrator of S&T program and personnel of the
USDA, NFC Billings and Collections Branch (address as listed in
Sec. 91.42) will take such actions as may be necessary to collect any
delinquent amounts due for accounts in claim status.
30. Section 91.45 is revised to read as follows:
Sec. 91.37, or in other sections of this subchapter E, the Deputy
Administrator may enter into contracts with applicants to perform
continuous laboratory services or other types of laboratory services
pursuant to the regulations in this part and other requirements, as
prescribed by the Deputy Administrator in such contract. In addition,
the charges for such laboratory services, provided in such contracts,
shall be on such basis as will reimburse the Agricultural Marketing
Service of the Department for the full cost of rendering such
laboratory services, including an appropriate overhead charge to cover
administrative overhead expenses as may be determined by the
Administrator.
(b) Irrespective of hourly fee rates and charges prescribed in this
subpart I, or in other parts of this subchapter E, the Deputy
Administrator may enter into a written Memorandum of Understanding
(MOU) or agreement with any administrative agency or governing party
for the performance of laboratory services pursuant to said agreement
or order on a basis that will reimburse the Agricultural Marketing
Service of the Department for the full cost of rendering such
laboratory service, including an appropriate overhead administrative
overhead charge.
(c) The conditions and terms for renewal of such Memorandum of
Understanding or agreement shall be specified in the contract.
are revised to read ``Science and Technology's''.
a. Remove the definition of ``Certificate of Analysis (Form CSSD-
3)''.
b. Revise the definitions for ``2,4-D'', ``DDE'', ``Dicamba'',
``HCB'', ``Maximum pesticide residue level'', ``Pesticide
certification'', ``Pesticide test sample'',''Sample Identification Form
(Form TB-89)'', ``2,4,5-T'', ``TDE'', and ``Tobacco''.
c. Add two new definitions of ``AMS'' and ``Certificate of Analysis
(Form TB-92)'' in alphabetical order to read as follows:
AMS. The abbreviations for the Agricultural Marketing Service (AMS)
agency of the United States Department of Agriculture.
* * * * *
Certificate of Analysis (Form TB-92). A legal document on which the
confirmed test results for official samples will be testified to be
correct by a Science and Technology chemist in charge of testing.
2,4-D. The common abbreviation for the acid herbicide 2,4-
Dichlorophenoxyacetic acid.
* * * * *
DDE. The common abbreviation for the chlorinated pesticide
Dichlorodiphenyldichloroethylene. Degradation product of DDT by loss of
one molecule of hydrochloric acid or referred to as a
dehydrohalogenation process.
* * * * *
Dicamba. The common name for the acid herbicide 2-Methoxy-3,6-
dichlorobenzoic acid.
* * * * *
HCB. The common abbreviation for the organochlorine pesticide
Hexachlorobenzene.
* * * * *
residue allowable for a specific pesticide or combination of
pesticides, as set forth in 7 CFR 29.427 by the AMS Deputy
Administrator of the Tobacco Programs.
* * * * *
Pesticide certification. A document issued by the Tobacco Programs
in a form approved by its AMS Deputy Administrator, containing a
certification by the importer that flue-cured and burley tobacco
offered for importation does not exceed the maximum allowable residue
levels of any pesticide that has been canceled, suspended, revoked, or
otherwise prohibited under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA).
Pesticide test sample. An official sample or samples, collected
from a lot of tobacco by the AMS Tobacco Programs inspector for
analysis by a certified chemist to ascertain the residue levels of
pesticides that have been canceled, suspended, revoked, or otherwise
prohibited under the FIFRA.
Sample Identification Form (Form TB-89). A document titled
``Imported Tobacco Pesticide Residue Analysis'' that is approved by the
AMS Deputy Administrator of the Tobacco Programs that identifies and
accompanies the sample to the testing facility.
2,4,5-T. The common abbreviation for the acid herbicide 2,4,5-
Trichlorophenoxyacetic acid.
TDE. DDD or the common abbreviation for the chlorinated insecticide
1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (CAS number 72-54-8).
* * * * *
Tobacco. Tobacco as it appears between the time it is cured and
stripped from the stalk, or primed and cured, in whole leaf or strip
form, and the time it enters into the different manufacturing
processes. Conditioning, sweating, stemming, and threshing are not
regarded as manufacturing processes. Tobacco, as used in this part,
does not include manufactured or semi-manufactured products, stems,
cuttings, clippings, trimmings, siftings, or dust.
4. Section 92.3 is revised to read as follows:
available.
samples and imported Type 93 burley tobacco samples for maximum
pesticide residue level determinations is performed at the AMS Science
and Technology's Eastern Laboratory and is located at: USDA, AMS,
Science and Technology, Eastern Laboratory (Chemistry), 645 Cox Road,
Gastonia, NC 28054.
(b) Domestic-grown tobacco and tobacco products may be analyzed for
acid herbicides, chlorinated hydrocarbons, fumigants, and
organophosphates at the Science and Technology facility in this
section.
(c) The Science and Technology facility performs for the AMS
Tobacco Programs the quantitative and confirmatory chemical residue
analyses on pesticide test samples of imported tobacco for the
following specific pesticides:
(1) Organochlorine pesticides such as Dichloro-
diphenyldichloroethylene (DDE), Dichloro Diphenyl Trichloroethane
(DDT), 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (TDE), Toxaphene,
Endrin, Aldrin, Dieldrin, Heptachlor, Methoxychlor, Chlordane,
Heptachlor Epoxide, Hexachlorobenzene (HCB), Cypermethrin, and
Permethrin.
(2) Organophosphorus pesticides such as Formothion.
(3) Fumigants such as Ethylene Dibromide (EDB) and
Dibromochloropropane (DBCP).
(4) Acid herbicides such as 2,4-D, 2,4,5-T, and Dicamba.
5. In Sec. 92.4, paragraph (b) is revised to read as follows:
(b) Test results of the pesticide analyses for tobacco shall be
recorded on ``Certificate of Analysis For Official Samples'', Form TB-
92, and shall be expressed as parts by weight of the residue per one
million parts by weight of the tobacco sample (parts per million or
ppm), which concentration is representative for each particular
pesticide residue found in the lot of tobacco. Form TB-92 is attached
to Form TB-89 that is returned to the AMS Tobacco Programs. The
analytical data on Form TB-92 substantiates the information placed on
Form TB-89.
6. Section 92.5 is revised to read as follows:
residue contamination shall follow precisely the USDA developed
analytical test methods and all successive official method updates, as
approved by the AMS Deputy Administrator, Science and Technology. Many
of the official analyses for tobacco are found in the following
manuals:
(a) Manual of Analytical Methods for the Analysis of Pesticide
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S.
Environmental Protection Agency (EPA) Chemical Exposure Research
Branch, EPA Office of Research and Development (ORD), 26 West Martin
Luther King Drive, Cincinnati, Ohio 45268.
(b) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I
and II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500,
Gaithersburg, MD 20877-2417.
(c) U.S. Food and Drug Administration, Pesticide Analytical Manuals
(PAM), Volumes I and II, Food and Drug Administration, Center for Food
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC
20204 (available from National Technical Information Service (NTIS),
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA
22161).
7. Section 92.6 is revised to read as follows:
Tobacco Programs, in conjunction with the AMS Science and Technology
program, and appears at 7 CFR 29.500 as part of Tobacco Programs' fees
for sampling and certification of imported flue-cured and burley
tobacco. A Memorandum of Understanding (MOU) exists between the Tobacco
Programs and the Science and Technology (S&T) for the testing of
imported tobacco samples for pesticide residue contamination, and the
corresponding agreement on the cost of analyses is specified in the
MOU.
``Brix value'' and ``Recoverable oil'' are revised to read as follows:
Brix or degrees Brix. The percent by weight concentration of the
total soluble solids of the juice or citrus product when tested with a
Brix hydrometer calibrated at 20 deg.C (68 deg.F) and to which any
applicable temperature correction has been made. The Brix or degrees
Brix may be determined by any other method which gives equivalent
results.
Brix value. The pure sucrose or soluble solids value of the juice
or citrus product determined by using the
Indices of Sucrose Solutions'' and to which the applicable correction
for acidity is added. The Brix value is determined in accordance with
the refractometer method outlined in the Official Methods of Analysis
of AOAC INTERNATIONAL, Volumes I & II.
* * * * *
Recoverable oil. The percent of oil by volume, determined by the
bromate titration method after distillation and acidification as
described in the current edition of the Official Methods of Analysis of
AOAC INTERNATIONAL, Volumes I & II.
* * * * *
3. Section 93.3 is revised to read as follows:
are being performed at the following Science and Technology location:
USDA, AMS, S&T Eastern Laboratory (Citrus), 98 Third Street, S.W.,
Winter Haven, FL 33880.
(b) Laboratory analyses of citrus fruit and products in Florida are
available in order to determine if such commodities satisfy the quality
and grade standards set forth in the Florida Citrus Code (Florida
Statutes Pursuant to Chapter 601). Such analyses include tests for acid
as anhydrous citric acid, Brix, Brix/acid ratio, recoverable oil, and
artificial coloring matter additive, as turmeric. The Fruit and
Vegetable Inspectors of the Division of Fruit and Vegetable of the
Florida Department of Agriculture and Consumer Services may also
request analyses for arsenic metal, pulp wash (ultraviolet and
fluorescence), standard plate count, yeast with mold count, and
nutritive sweetening ingredients as sugars.
(c) There are additional laboratory tests available upon request at
the Science and Technology Eastern (Citrus) Laboratory at Winter Haven,
Florida. Such analyses include tests for vitamins, naringin, sodium
benzoate, Salmonella, protein, salt, pesticide residues, sodium metal,
ash, potassium metal, and coliforms for citrus products.
4. Section 93.4 is revised to read as follows:
found in the Official Methods of Analysis of AOAC INTERNATIONAL,
Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite
500, Gaithersburg, MD 20877-2417.
(b) Other analytical methods for citrus products may be used as
approved by the AMS Deputy Administrator, Science and Technology (S&T).
5. Section 93.5 is revised to read as follows:
agreement.
products shall be set by mutual agreement between the applicant, the
State of Florida, and the AMS Deputy Administrator, Science and
Technology programs. A Memorandum of Understanding (MOU) or cooperative
agreement exists presently with the AMS Science and Technology and the
State of Florida, regarding the set hourly rate and the costs to
perform individual analytical tests on Florida citrus products, for the
State.
6. In Sec. 93.11, the definitions for ``Aflatoxin'' and ``Peanut
Administrative Committee (PAC)'' are revised to read as follows:
Aflatoxin. A toxic metabolite produced by the molds Aspergillus
flavus, Aspergillus parasiticus, and Aspergillus nomius. The aflatoxin
compounds fluoresce when viewed under UV light as follows: aflatoxin
B
B
with a green fluorescence, aflatoxin G
fluorescence, aflatoxin M
and aflatoxin M
related molecular structures are referred to as aflatoxin
B
M
G
OCH
Peanut Administrative Committee (PAC). The committee established
under the United States Department of Agriculture Marketing Agreement
for Peanuts, 7 CFR part 998, which administers the terms and provisions
of this Agreement, including the aflatoxin control program for
domestically produced raw peanuts, for peanut shellers. The Peanut
Administrative Committee (PAC) headquarters are at 2537 Lafayette Plaza
Drive Suite A; Albany, Georgia 31707.
* * * * *
7. Section 93.12 is revised to read as follows:
peanut products, dried fruits, grains, edible seeds, tree nuts, shelled
corn products, cottonseed, oilseed products and other commodities are
performed at the following 6 locations for AMS Science and Technology
(S&T) Aflatoxin Laboratories:
(2) USDA, AMS, S&T, c/o Golden Peanut Company, Mail: P.O. Box 279, 301
West Pearl Street, Aulander, NC 27805.
(3) USDA, AMS, S&T, 610 North Main Street, Blakely, GA 31723.
(4) USDA, AMS, S&T, 107 South Fourth Street, Madill, OK 73446.
(5) USDA, AMS, S&T, c/o Cargill Peanut Products, Mail: P.O. Box 272,
715 North Main Street, Dawson, GA 31742-0272.
(6) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street, Suffolk,
VA 23434.
Science and Technology (S&T) Aflatoxin Laboratories at Madill, Oklahoma
and Blakely, Georgia will perform other analyses for peanuts, peanut
products, and a variety of oilseeds. The analyses for oilseeds include
testing for free fatty acids, ammonia, nitrogen or protein, moisture
and volatile matter, foreign matter, and oil (fat) content.
(2) All of the analyses described in paragraph (b)(1) of this
section performed on a single seed sample are billed at the rate of one
hour per sample. Any single seed analysis performed on a single sample
is billed at the rate of one-half hour per sample. The standard hourly
rate shall be as specified in Sec. 91.37(a) of this subchapter.
(c) Vegetable oil testing services. The analyses for vegetable oils
are performed at the USDA, AMS, Science and Technology (S&T) Midwestern
Laboratory, 3570 North Avondale Avenue, Chicago, IL 60618-5391. The
analyses for vegetable oils will include the flash point test, smoke
point test, acid value, peroxide value, phosphorus in oil, and specific
gravity. The fee charged for any single laboratory analysis for
vegetable oils shall be obtained from the Midwestern Laboratory
Director and it is based on the hourly fee rates and charges as
specified in 7 CFR part 91, subpart I.
8. Section 93.13 is revised to read as follows:
vegetable oils are found in the following manuals:
(a) Approved Methods of the American Association of Cereal
3340 Pilot Knob Road, St. Paul, Minnesota 55121-2097.
(b) ASTA's Analytical Methods Manual, American Spice Trade
Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs,
New Jersey 07632.
(c) Analyst's Instruction for Aflatoxin (August 1994), S&T
Instruction No. 1, USDA, Agricultural Marketing Service, Science and
Technology, 3521 South Agriculture Building, 1400 Independence Avenue,
SW, P.O. Box 96456, Washington, DC 20090-6456.
(d) Official Methods and Recommended Practices of the American Oil
Chemists' Society (AOCS), American Oil Chemists' Society, P.O. Box
3489, 2211 West Bradley Avenue, Champaign, Illinois 61821-1827.
(e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I &
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500,
Gaithersburg, MD 20877-2417.
(f) Standard Analytical Methods of the Member Companies of Corn
Industries Research Foundation, Corn Refiners Association (CRA), 1701
Pennsylvania Avenue, NW, Washington, DC 20006.
(g) U.S. Army Natick Research, Development and Engineering Center's
Military Specifications, approved analytical test methods noted
therein, Code NPP-9, Department of Defense Single Stock Point (DODSSP)
for Military Specifications, Standards, Building 4/D, 700 Robbins
Avenue, Philadelphia, PA 19111-5094.
9. Section 93.14 is revised to read as follows:
mycotoxins.
other mycotoxins shall be obtained from the Laboratory Director for
aflatoxin laboratories at the Dothan administrative office as follows:
USDA, AMS, Science & Technology, 3119 Wesley Way, Suite 6, Dothan,
Alabama 36305, Voice Phone: 334-794-5070, Facsimile: 334-792-1432.
(b) The charge for the aflatoxin testing of raw peanuts under the
Peanut Marketing Agreement for subsamples 1-AB, 2-AB, 3-AB, and 1-CD is
a set cost per pair of analyses and shall be set by cooperative
agreement between the Peanut Administrative Committee and AMS Science
and Technology program.
10. Section 93.15 is revised to read as follows:
obtained from the Laboratory Director for aflatoxin laboratories at the
Dothan administrative office as listed in Sec. 93.14(a).
Stat. 1620-1635; 21 U.S.C. 1031-1056), Agricultural Marketing Act of
1946, Secs. 202-208 as amended (60 Stat. 1087-1091; 7 U.S.C. 1621-
1627).
``Mandatory sample'' are revised to read as follows:
Egg. The shell egg of the domesticated chicken, turkey, duck,
goose, or guinea. Some of the terms applicable to shell eggs are
defined by the AMS Poultry Programs in 7 CFR 57.5.
Egg product. Any dried, frozen, or liquid eggs, with or without
added ingredients. However, products which contain eggs only in a
relatively small proportion or historically have not been, in the
judgment of the Secretary, considered by consumers as products of the
egg food industry may be exempted by the Secretary under such
conditions as may be prescribed to assure that the egg ingredients are
not adulterated and such products are not represented as egg products.
Some of the products exempted as not being egg products are specified
by the AMS Poultry Programs in 7 CFR 57.5.
Mandatory sample. An official sample of egg product(s) taken for
testing under authority of the Egg Products Inspection Act (21 U.S.C.
1031-1056) for analysis by a United States Department of Agriculture,
Agricultural Marketing Service, Science and Technology laboratory at
government expense. A mandatory sample shall include an egg product
sample to be analyzed for microbiological, chemical, or physical
attributes. A mandatory egg product sample analyzed for the presence of
Salmonella is also referred to as a confirmation sample as specified by
the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580,
paragraph (d).
* * * * *
3. In Sec. 94.3, paragraphs (a), (b) and (e) are revised to read as
follows:
by AMS Science and Technology (S&T) personnel for microbiological,
chemical, and physical attributes. The analytical results of these
samples will be reported to the resident egg products inspector at the
applicable plant on the official certificate.
(b) Mandatory egg product samples for Salmonella are required and
are analyzed in S&T laboratories to spot check and confirm the adequacy
of USDA approved and recognized laboratories for analyzing routine egg
product samples for Salmonella.
* * * * *
(e) The AMS Science and Technology's Eastern Laboratory shall
conduct the majority of laboratory analyses for egg products. The
analyses for mandatory egg product samples are performed at the
following USDA location: USDA, AMS, Science & Technology, Eastern
Laboratory (Microbiology), 2311-B Aberdeen Boulevard, Gastonia, NC
28054.
4. Section 94.4 is revised to read as follows:
perform mandatory analyses for egg products are listed as follows:
(a) Compendium Methods for the Microbiological Examination of
Foods, Carl Vanderzant and Don Splittstoesser (Editors), American
Public Health Association, 1015 Fifteenth Street, NW, Washington, DC
20005.
(b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's
Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional
Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY
10159-0945.
(c) FDA Bacteriological Analytical Manual (BAM), AOAC
INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD
20877-2417.
(d) Manual of Analytical Methods for the Analysis of Pesticide
Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S.
Environmental Protection Agency (EPA) Chemical Exposure Research
Branch, EPA Office of Research and Development (ORD), 26 West Martin
Luther King Drive, Cincinnati, Ohio 45268.
(e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I &
II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500,
Gaithersburg, MD 20877-2417.
American Public Health Association, 1015 Fifteenth Street, NW,
Washington, DC 20005.
(g) Standard Methods for the Examination of Water and Wastewater,
American Public Health Association (APHA), the American Water Works
Association (AWWA) and the Water Pollution Control Federation, AWWA
Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.
(h) Test Methods for Evaluating Solid Waste Physical/Chemical
Methods, Environmental Protection Agency, Office of Solid Waste, SW-846
Integrated Manual (available from National Technical Information
Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road,
Springfield, VA 22161).
(i) U.S. Food and Drug Administration, Pesticide Analytical Manuals
(PAM), Volumes I and II, Food and Drug Administration, Center for Food
Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC
20204 (available from National Technical Information Service (NTIS),
U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA
22161).
revised to read ``Science and Technology'', and the word ``S&TD'' is
revised to read ``S&T'' everywhere they appear.
William J. Franks, Jr.,
Deputy Administrator, Science and Technology, Agricultural Marketing
Service.
[FR Doc. 00-13238 Filed 5-25-00; 8:45 am]
BILLING CODE 3410-02-P