[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64302-64318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27482]



[[Page 64301]]

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Part IV





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 90, et al.



Changes in Fees for Science and Technology (S&T) Laboratory Service; 
Final Rule

Federal Register / Vol. 65 , No. 208 / Thursday, October 26, 2000 / 
Rules and Regulations

[[Page 64302]]


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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: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is increasing the 
standard hourly fee rate for each laboratory analysis from $36.26 to 
$45.00. The premium laboratory rate for appeals, holiday and overtime 
service will be increased from $54.39 to $67.50 per analysis hour. 
These 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 is also changing the fees for laboratory testing 
services which are offered for agricultural food commodities to reflect 
actual equipment and labor expenses for performing each test. These 
revised regulations include additional tests for commodity products for 
incorporation into existing schedules and set an updated hourly rate of 
$45.00 for unlisted tests. In addition, AMS is removing laboratory 
tests that have been found to be obsolete or duplicate tests performed 
by other Agricultural Marketing Service programs. The rule also 
contains name, position title, and address changes as a result of 
Agency restructuring efforts that lead to the formation of the AMS 
Science and Technology program.

EFFECTIVE DATE: October 27, 2000.

FOR FURTHER INFORMATION CONTACT: 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; facsimile (202) 
720-4631, or e-mail: <a href="/cdn-cgi/l/email-protection#d79db6bab2a4f991b6bbbc97a2a4b3b6f9b0b8a1"><span class="__cf_email__" data-cfemail="014b606c64722f47606d6a41747265602f666e77">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    This final 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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
rule does not preempt any State or local laws, regulations, 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 121.601). 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, and 
a larger percentage of peanut aflatoxin analyses are performed by 
other, non-S&T laboratories. In addition, testing of tobacco samples is 
down; and poultry testing is decreasing due to changing importer 
country requirements. Also, 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.
    In fiscal year 1999, there was an approximate 40 percent decrease 
in dairy product samples (39,559 total) from the 162 dairy 
manufacturers that the Science and Technology program services which 
accounted for an $807,299 decline in laboratory revenue for that year. 
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 the FY 2000 operating budget, have increased 4.8 to 5.59 
percent, depending on the locality, since January 2000.
    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. For fiscal year 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 will yield $1,584,383 overall in 
additional laboratory testing program revenues during FY 2000. The 
laboratory hourly fee rate will increase by approximately 24.1 percent 
from $36.26, as last revised effective May 4, 1998 (63 FR 16370-16375). 
The new standard laboratory service fee rate will be $45.00 per hour. 
This fee will 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 will 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 will 
also be amended. Most of these will increase.
    Without an increase, anticipated revenue will 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, which is below the 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.)

[[Page 64303]]

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. However, because our anticipated collections through 
this rule are less than originally projected, we will need to propose 
new schedules that will include certain test fee increases for fiscal 
year 2002.
    Other miscellaneous and unsubstantial changes are made in this rule 
that will not adversely affect users of the program services. Related 
fee increases represent the minimal fee increases necessary to cover 
the costs of operating the services provided under the S&T program. 
Accordingly, the Admininistrator has determined that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

D. Paperwork Reduction Act

    This 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 Analysis of Proposal

    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 
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 May 4, 1998.
    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 Code of Federal Regulations (CFR) 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).
    A proposed rule was published in the Federal Register (65 FR 34302-
34320) on May 26, 2000, providing for a twenty day comment period 
ending June 15, 2000. No comments were received. However, during the 
interim period to the publication of this final rule, S&T staff have 
taken the initiative to make some additional and necessary changes to 
enhance customer service needs and to better control rising laboratory 
service costs. On June 30, 2000, the S&T Midwestern Laboratory in 
Chicago, Illinois was permanently closed and the analytical testing 
services this laboratory offered was immediately transferred to other 
S&T laboratories, especially the Eastern laboratories in Gastonia, 
North Carolina. The S&T Eastern laboratories have a fully operational 
Laboratory Management System (LIMS) that will enhance the delivery of 
analytical test services to customers. The S&T laboratories in Gastonia 
are also strategically located in a centralized region of the United 
States of America to reduce sample delivery costs. In table 5 of the 
fee schedules new categories of microbiological testing were added to 
accommodate the occasions when the customer prepares on-site their own 
milk smears on glass slides and submits such field preparations to the 
laboratory for staining and direct microscopic clump counts. In table 3 
of the fee schedules the current fee of $217.56 for GLC amitraz residue 
analysis was reduced to $112.50, rather than raised to $270.00, as 
stated in the proposed rule. The amitraz residue single test fee 
reduction corresponds to recent efficiencies performing this analysis 
in large sample batches.
    The following tables 1 through 8 serve as reference aids and 
compare the current fees and charges with the new fees and charges for 
the laboratory testing of food and fiber products as found at 7 CFR 
91.37:

                            Table 1.--Amended
------------------------------------------------------------------------
   Name of specific program and type of
                 analysis                   Current fee    Revised fee
------------------------------------------------------------------------
Table 1.--Single Test Laboratory Fees for
 Proximate Analyses:
    Ammonia, Ion Selective Electrode......       $81.59          $101.25
    Ash, Total............................        36.26            45.00
    Ash, Acid Insoluble...................        54.39          Removed
    Chloride, Salt Titration (Dairy)......       $18.13           $22.50
    Fat, Acid Hyrolysis (Cheese)..........        36.26            45.00
    Fat Acid Hydrolysis (Mojonnier).......        36.26            45.00
    Fat (Dairy Prod. Except Cheese).......        18.13            22.50
    Fat (Dry Basis).......................         None            67.50
    Fat, Ether Extraction (Soxhlet).......        36.26            45.00
    Fat (Kohman)..........................         None            45.00
    Fat, Microwave-Solvent Extract........        36.26            45.00
    Fiber, Crude..........................        72.52          Removed
    Mousture, Distillation................        36.26            45.00
    Moisture, Oven........................        18.13            22.50
    Moisture (Kohman).....................         None            11.25
    Protein, Combustion...................        72.52            90.00
    Protein, Kjeldahl.....................        72.52            90.00
    Salt, Back Titration..................        27.20            33.75

[[Page 64304]]

 
    Salt, Potentiometric..................       $18.13           $22.50
    Salt (Rapid)..........................         None            33.75
    Standard hourly rate..................        36.26            45.00
    Premium hourly rate...................        54.39            67.50
------------------------------------------------------------------------


                            Table 2.--Amended
------------------------------------------------------------------------
   Name of specific program and type of
                 analysis                   Current fee    Revised fee
------------------------------------------------------------------------
Table 2--Single Test laboratory Fees for
 Lipid Related Analysis:
    Acid Degree Value (Dairy).............       $36.26           $45.00
    Acidity, Titratable...................         9.07            22.50
    Carotene, Spectrophotometric..........        90.65          Removed
    Catalase Test.........................        18.13          Removed
    Cholesterol...........................        90.65          Removed
    Color (Honey).........................        18.13          Removed
    Color, NEPA (Eggs)....................        36.26          Removed
    Consistency, Bostwick (Cooked)........        18.13          Removed
    Consistency, Bostwick (Uncooked)......        18.13          Removed
    Density (Specific Gravity)............         9.07            11.25
    Dispersibility (I Dry Whole Milk).....         None            67.50
     Dispersibility (Moates-Dabbah).......        18.13            22.50
     Fat Stability, AOM...................        36.26            45.00
    Fatty Acid Profile, AOAC-GC...........       145.04           180.00
    Flash Point Test only.................        72.52            90.00
    Free Fatty Acids......................        18.13            22.50
    Meltability (Process Cheese)..........        18.13            22.50
    Peanut Oil Analyses (Oil, Moisture,            None            45.00
     Free Fatty Acid, Ammonia, and Foreign
     Matter)..............................
    Any 1 of the oilseed oil analyses.....         None            22.50
    Peroxidase Test.......................        18.13          Removed
    Peroxide Value........................        27.20            33.75
    Smoke Point Test only.................        72.52            90.00
    Smoke Point and Flash Point...........       126.91           157.50
    Solids, Total (Oven Drying)...........        18.13            22.50
    Soluble Solids, Refractometer.........        18.13            22.50
------------------------------------------------------------------------


                            Table 3.--Amended
------------------------------------------------------------------------
   Name of specific program and type of
                 analysis                   Current fee    Revised fee
------------------------------------------------------------------------
Table 3--Single Test Laboratory Fees for
 Food Additive (Direct and Indirect):
    Aflatoxin, (Dairy, Eggs)..............      $126.91    Redistributed
    Alar or Daminozide Residue............       217.56          Removed
    Amitraz Residue, GLC..................       217.56          $112.50
    Alcohol (Qualitative).................        72.52          Removed
    Alkalinity of Ash.....................        54.39          Removed
    Antibiotic, Qualitative (Dairy).......        18.13            22.50
    Antibiotic Quantitative...............       389.86           393.75
    Ascorbates (Qualitative--Meats).......        18.13            22.50
    Ascorbic Acid, Titration..............        36.26            45.00
    Ascorbic Acid, Spectrophotometric.....        36.26            45.00
    Benzene, Residual.....................        72.52          Removed
    Brix, Direct Percent Sucrose..........        18.13            22.50
    Brix, Dilution........................        18.13            22.50
    Butylated Hydroxyanisole (BHA)........        54.39            67.50
    Butylated Hydroxytoluene (BHT)........        54.39            67.50
    Caffeine, Micro Bailey-Andrew.........        54.39            67.50
    Caffeine, Spectrophotometric..........        36.26            78.75
    Calcium...............................        54.49          Removed
    Citric Acid, GLC or HPLC..............        54.39            67.50
    Chlorinated Hydrocarbons:
        Pesticides and Industrial
         Chemicals--
            Initial Screen................       145.04           180.00
            Second Column Confirmation of         36.26            45.00
             Analyte......................
            Confirmation on Mass                  72.52            90.00
             Spectrometer.................
    Dextrin (Qualitative).................        18.13            22.50
    Dextrin (Quantitative)................       108.78           135.00
    Filth, Heavy (Dairy)..................        90.65           112.50
    Filth, Heavy (Eggs)...................       145.04           180.00
    Filth, Light (Eggs)...................        90.65           112.50

[[Page 64305]]

 
    Filth, Light & Heavy (Eggs)...........      $217.56          $270.00
    Fines.................................         None            22.50
    Flavor (Dairy)........................         9.07            11.25
    Flavor (Products except Dairy)........        27.20            33.75
    Fumigants:
        Initial Screen--
            Dibromochloropropane (DBCP)...        36.26            45.00
            Ethylene Dibromide............        36.26            45.00
            Methyl Bromide................        36.26            45.00
        Confirmation on Mass Spectrometer--
 
            Each individual fumigant              72.52            90.00
             residue......................
    Glucose (Qualitative).................        27.20            33.75
    Glucose (Quantitative)................        63.46            78.75
    Glycerol (Quantitative)...............       108.78           135.00
    Gums..................................       108.78           135.00
    Heavy Metal Screen....................       317.28           326.25
    High Sucrose Content or Avasucrol            145.04          Removed
     (Holland Eggs).......................
    Hydrogen Ion Activity, pH.............        18.13          Removed
    Mercury, Cold Vapor AA................        90.65           135.00
    Metals (Other Than Heavy, Each Metal).        72.52          Removed
    Monosodium Dihydrogen.................       145.04           180.00
    Phosphate Monosodium Glutamate........       145.04           180.00
    Niacin................................        72.52            90.00
    Nitrites (Qualitative)................        18.13          Removed
    Nitrites (Quantitative)...............       108.78          Removed
    Ochratoxin A..........................         None            67.50
    Odor..................................         9.07            11.25
    Organic Acids (in Eggs)...............         None           180.00
    Oxygen................................        18.13            22.50
    Palatability and Odor:
        First Sample......................        27.20            22.50
        Each Additional Sample............        18.13          Removed
    Penicillin............................         None            67.50
    Phosphatase, Residual.................        36.26          Removed
    Phosphorus............................        72.52          Removed
    Propylene Glycol, Codistillation:             72.52          Removed
     (Qualitative)........................
    Pyrethrin Residue (Dairy).............       145.04           180.00
    Scorched Particles....................         9.07            22.50
    Sodium, Potentiometric................        36.26            45.00
    Sodium Benzoate, HPLC.................        54.39            67.50
    Sodium Lauryl Sulfate (SLS)...........       290.08          Removed
    Sodium Silicoaluminate (Zeolex).......        72.52            90.00
    Solubility Index......................        18.13            11.25
    Starch (in Dry Milk)..................         None            22.50
    Starch, Direct Acid Hydrolysis........       108.78            90.00
    Sugar, Polarimetric Methods...........        36.26            33.75
    Sugar Profile, HPLC--
        One type sugar from profile.......       108.78           135.00
        Each additional type sugar........        18.13            22.50
    Sugars, Non-Reducing..................       108.78           135.00
    Sugars, Total as Invert...............        72.52          Removed
    Sulfites (Qualitative)................        27.20          Removed
    Sulfur Dioxide, Direct Titration......        36.26            45.00
    Sulfur Dioxide, Monier-Williams.......        54.39          Removed
    Toluene, Residual.....................        72.52            90.00
    Triethyl Citrate, GC (Quantitative)...        36.27          Removed
    Vitamin A, Carr-Price (Dairy).........        45.33           112.50
    Vitamin A, HPLC.......................        90.65            90.00
    Vitamin B<INF>1</INF> (Thiamin)..................        72.52            90.00
    Vitamin B<INF>2</INF> (Riboflavin)...............        72.52            90.00
    Vitamin D, HPLC (Vitamins D<INF>2</INF> & D<INF>3</INF>/           308.21           382.50
     Dairy)...............................
    Whey Protein Nitrogen.................        27.20            33.75
    Whey Protein Nitrogen, Kjeldahl.......         None           112.50
    Xanthydrol Test for Urea..............        54.39            67.50
    This is an optional test to the
     extraneous material isolation test.
------------------------------------------------------------------------


                           Table 4.---Amended
------------------------------------------------------------------------
   Name of specific program and type of
                 analysis                   Current fee    Revised fee
------------------------------------------------------------------------
Table 4--Single Test Laboratory Fees for
 Other Chemical and Physical Component
 Analyses:
    Available Carbon Dioxide (Baking            $145.04          Removed
     Powders).............................

[[Page 64306]]

 
    Capsaicin (Hot Sauce).................       $72.52          Removed
    Cheese (Fines)........................         None           $11.25
    Color, Apparent-Visual................         9.07            11.25
    Complete Kohman Analysis-Dairy........        36.26            45.00
    Extractable Color in Spices...........        18.13          Removed
    Grape Juice Absorbancy Ratio..........        18.13          Removed
    Hot Water Insolubles..................         None            67.50
    Hydroxymethylfurfural (Honey).........        36.26          Removed
    Jelly Strength (Bloom)................        90.65          Removed
    Linolenic Acid........................        72.52            90.00
    Methyl Anthranilate...................        36.26          Removed
    Net Weight (Per Can)..................         9.07            11.25
    Non-Volatile Methylene Chloride               90.65           112.50
     Extract..............................
    Overrun for Whipped Topping...........        27.20            33.75
    Particle Size (Ether Wash)............        18.13            22.50
    pH....................................         None            11.25
    ph--Quinhydrone (Cheese)..............        18.13            22.50
    Potassium Iodine (Table Salt).........        54.39            67.50
    Protein Reducing Substances...........         None            45.00
    Quinic Acid (Cranberry Juice).........        63.46            78.75
    Serum Drainage for Whipped Topping....        18.13            22.50
    Sieve or Particle Size................        18.13            22.50
    Rate of Wetting (Nondairy Creamer)....        18.13            22.50
    Reducing Sugars.......................        72.52            90.00
    Water Activity........................        27.20            22.50
    Water Insoluble Inorganic Residues            72.52            90.00
     (WIIR)...............................
    Yellow Onion Test.....................        27.20          Removed
------------------------------------------------------------------------


                            Table 5.--Amended
------------------------------------------------------------------------
   Name of specific program and type of
                 analysis                   Current fee    Revised fee
------------------------------------------------------------------------
Table 5--Single Test Laboratory Fees for
 Microbiological Analyses:
    Aerobic (Standard) Plate Count........       $18.13           $22.50
    Anaerobic Bacterial Plate Count.......        27.20            33.75
    Bacillus cereus.......................        72.52            90.00
    Bacterial Direct Microscopic Count....        36.26            45.00
    Campylobacter jejuni..................       145.04          Removed
    Coliform Plate Count (Dairy Products).        18.13            22.50
    Coliform Plate Count, Violet Red Bile         27.20            33.75
     Agar (Presumptive Coliform Plate
     Count)...............................
    Coliforms, Most Probable Number (MPN):
        Step 1............................        27.20            33.75
        Step 2............................        27.20            22.50
    Direct Microscopic Clump Count (Field          None            11.25
     Submitted Smears, Less Than or Equal
     To 75 Million Count).................
    Direct Microscopic Clump Count (Field          None            45.00
     Submitted Smears, Greater Than 75
     Million Count).......................
    Direct Microscopic Clump Count (Lab            None            45.00
     Prepared Smears).....................
    E. coli, Presumptive MPN (Additional).        54.39           $45.00
    E. coli (MUG).........................         None            33.75
    Enterococci Count.....................       108.78           135.00
    Howard Mold Count.....................         None            56.25
    Lactobacillus Count...................        45.33            56.25
    Lactic Acid Tolerant Microbes.........         None            22.50
    Listeria monocytogenes Confirmation
     Analysis:
        Step 1............................        54.39            67.50
        Step 2............................        54.39            56.25
        Step 3 (Confirmation).............        90.65           112.50
    Parasite Identification...............       145.05           180.00
    Psychrotrophic Bacterial Plate Count..        27.20            45.00
    Salmonella (USDA Culture Method):
        Step 1 (Dairy Products)...........        36.26          Removed
        Step 1............................        54.39            78.75
        Step 2............................        27.20            33.75
        Step 3 (Confirmation).............        54.39            56.25
        Serological Typing (Optional).....        90.65          Removed
    Salmonella Enumeration (Complete Test)       108.78           135.00
    Salmonella (Rapid Methods):
        Step 1............................        72.52            78.75
        Step 2............................        27.20            33.75
        Step 3 (Confirmation).............        54.39            56.25
    Salmonella typhi (Meat Products)......        36.26            45.00
    Staphylococcus aureus, Direct Plating.         None            67.50

[[Page 64307]]

 
    Staphylococcus aureus, MPN: With             $63.46           $78.75
     Coagulase Positive Confirmation......
    Thermoduric Bacterial Plate Count.....        27.20            33.75
     Yeast and Mold Count.................        18.13            22.50
    Yeast and Mold Differential                    None            22.50
     Confirmation.........................
    Yeast and Mold Differential Plate             27.20            33.75
     Count................................
    Yeast or Mold Confirmation............         None            22.50
------------------------------------------------------------------------


                            Table 6.--[Amended] Laboratory Fees for Aflatoxin Analyses
----------------------------------------------------------------------------------------------------------------
                                                                 Current      Current
                                                                fee per      fee per    Revised fee  Revised fee
                 Aflatoxin test by commodity                     single        pair      per single    per pair
                                                                analysis     analyses     analysis     analysis
---------------------------------------------------------------------------------------------------------\1\----
Peanut Butter (TLC-CB, HPLC, Affinity Column)...............       $36.26           NA       $45.00       \2\ NA
 Corn (TLC-CB, HPLC, Affinity Column).......................        36.26           NA        45.00           NA
 Roasted Peanuts (TLC-BF)...................................        36.26           NA        45.00           NA
 Brazil Nuts (TLC-BF).......................................        72.52           NA        90.00           NA
 Pistachio Nuts (TLC-BF, HPLC)..............................        72.52           NA        90.00           NA
 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           NA        45.00           NA
Oilseed Meals (TLC, HPLC, Affinity Column)..................        36.26           NA        45.00           NA
 Edible Seeds (TLC).........................................        36.26           NA        45.00           NA
 Dried Fruit (TLC)..........................................        36.26           NA        45.00           NA
 Small Grains (TLC).........................................        36.26           NA        45.00           NA
 In-Shell Peanuts (TLC, Affinity Column)....................        17.00        34.00        45.00        38.00
 In-Shell Peanuts (HPLC)....................................         None         None        45.00        70.00
 Silage; Other Grains (TLC).................................        36.26           NA        45.00           NA
 Submitted Samples (TLC, HPLC, Affinity Column).............        36.26           NA        45.00           NA
 Aflatoxin (Dairy, Eggs)....................................       126.91         None       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.


          Table 7.--Micellaneous Charges Supplemental to Science and Technology's Laboratory Test Fees
----------------------------------------------------------------------------------------------------------------
  Laboratory service description              Current list fee                        Revised 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 Hammer  None..................................  $11.25.
 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--Preparation fee based on
 for an Individual Test Sample--                                            $45.00 per hour.
 Unit per Subsample.
----------------------------------------------------------------------------------------------------------------


                  Table 8.--Additional Charges Applicable to Sample Receipt and Analysis Report
----------------------------------------------------------------------------------------------------------------
       Service description                   Current list charge                    Revised list charge
----------------------------------------------------------------------------------------------------------------
Established Courier Expense at     $2.15.................................  Removed.
 Albany, Georgia S&T Laboratory.
Courier Expense at Other AMS       Varies................................  Varies (based on total mileage).
 Laboratories: Mileage Charge Set
 at $0.325 Per Mile Round Trip
 from Laboratory to Delivery Site.
Facsimile Charge (Per Analysis     $3.20 minimum up to first 3 pages,      $3.20 minimum up to first 3 pages
 Report).                           then $1.10 per page.                    then $1.50 per page.
Additional Analysis Report or      $18.13 per report or certificate        $22.50 per report or certificate
 Extra Certificate (\1/2\ hour      reissued.                               issued.
 charge minimum).
----------------------------------------------------------------------------------------------------------------

    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 rule removes 41 laboratory tests or services which 
have been found to be obsolete or which

[[Page 64308]]

duplicate tests performed by other Agricultural Marketing Service 
programs. The rule adds 29 new analytical tests that are frequently 
requested by many of Science and Technology's 811 customers. The 
customers for our laboratory services will 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 will be 188 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 9 
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 
fees for four 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 
will increase from $9.07 to $22.50, and the Carr-Price vitamin A 
(Dairy) test will increase from $45.33 to $112.50. For the same reason, 
S&T is increasing 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 will 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 
increasing 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 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 lowering the fees for the GLC amitraz residue 
analysis, the solubility index, the sugar polarimetric methods, and the 
HPLC vitamin A analysis by 48.3, 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. 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 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. 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. The S&T Midwestern 
Laboratory in Chicago, Illinois was also closed and the unique 
analytical testing services this laboratory offered was immediately 
transferred to other S&T laboratories. This was a streamlining measure 
to reduce Federal facility maintenance costs and to restructure the S&T 
Laboratory Program to improve efficiency of operations and 
responsiveness of services. 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 will 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 will be $45.00 per hour. This 
fee will 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 will be $67.50 per analysis hour or one and one 
half times the fees listed in Tables 1 through 8. This represents an 
approximate increase of 24.1 percent. The fees in Tables 1 through 8 
will also be amended. Most of these will increase. Without an increase, 
anticipated revenue will 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, which is below 
the necessary reserve level ($2,552,243) called for by Agency policy 
and prudent financial management. 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 rule 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'' will be changed to ``Science and Technology.'' The term 
``Director'' will be replaced by the term ``Deputy Administrator.'' 
Section 91.5 will 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 will be more 
appropriately named ``Pesticide

[[Page 64309]]

Data Branch.'' In section 91.9, the Technical Service Branch Chief will 
replace the defunct Laboratory Operations Coordination Staff Chief 
position. In sections 91.23, 93.13, and 94.4, the analytical method 
references will have updated addresses. Section 91.37 will 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 
will be listed. In table 8 of section 91.37, a revised facsimile charge 
($1.50) for an additional page will be listed. In section 91.40, the 
established courier expense at the S&T peanut aflatoxin laboratory in 
Albany, Georgia will be removed.
    A 20-day comment period was included in the proposed rule. No 
comments were received. Hence, the proposed rule is adopted as a final 
rule with the changes discussed.
    Pursuant to 5 U.S.C. 553 it is found and determined that good cause 
exists for not postponing the effective date of this rule until 30 days 
after publication in the Federal Register because: (1) The current fee 
schedule does not adequately cover AMS' costs of services rendered 
under the S&T laboratory testing program; and (2) the increased fees 
are needed as soon as possible to offset the added costs to the 
program.

List of Subjects

7 CFR Part 90

    Agricultural commodities, Laboratories, Reporting and record 
keeping requirements.

7 CFR Part 91

    Administrative practice and procedure, Agricultural commodities, 
Laboratories, Reporting and record keeping 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 stated in the preamble, the Agricultural Marketing 
Service will amend Title 7, chapter I, subchapter E, of the Code of 
Federal Regulations as follows:

PART 90--[AMENDED]

    1. The authority citation 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.

    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 to 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--SERVICES AND GENERAL INFORMATION

    7. The authority citation 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 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

[[Page 64310]]

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
    Eastern Laboratory (Microbiology), 2311-B Aberdeen Boulevard, 
Gastonia, NC 28054-0614.
(ii) USDA, AMS, S&T
    Eastern Laboratory (Chemistry), 645 Cox Road, Gastonia, NC 28054-
0614.
    (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 follow: USDA, AMS, Science and Technology, Office of the 
Deputy Administrator, Room 3507 South Agriculture Bldg., Mail Stop 
0222, 1400 Independence Ave., S.W., 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 follow: 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 follow: USDA, AMS, S&T Statistical Branch, 0611 South 
Agriculture Bldg., 1400 Independence Ave., S.W., 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 Deputy Administrator, Room 3507 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, D.C. 20090-6456.


Sec. 91.6  [Amended]

    13. In Sec. 91.6 paragraph (a), the words ``Science and Technology 
Division'' are 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

[[Page 64311]]

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.

    (a) 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.

    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 Secs. 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),

[[Page 64312]]

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.
    (c) 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,<SUP>1</SUP> 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.........................................    $112.50
Antibiotic, Qualitative (Dairy)..............................      22.50
Antibiotic, Quantitative <SUP>1</SUP>N..................................     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
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 <SUP>2</SUP>.........................................     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-- <SUP>3</SUP>
  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<INF>1</INF> (Thiamin).........................................      90.00
Vitamin B<INF>2</INF> (Riboflavin)......................................      90.00
Vitamin D, HPLC (Vitamins D<INF>2</INF> and D<INF>3</INF>), Dairy..................     382.50
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

[[Page 64313]]

 
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
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
------------------------------------------------------------------------
                       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--(Field Submitted Smears, Less      11.25
 Than or Equal To 75 Million Count)..........................
Direct Microscopic Clump Count--(Field Submitted Smears,           45.00
 Greater Than 75 Million Count)..............................
Direct Microscopic Clump Count--(Lab Prepared Smears)........      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 optical 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-<greek-b>-D-
  glucuronide (MUG), the enzyme <greek-b>-glucuronidase, which is found
  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 medias, BHI agar for oxidase and catalase tests, Motility
  test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.
Listeria monocytogenes test using the FDA method may be in three steps
  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 medias,
  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.


            Table 6.--Laboratory Fees for Aflatoxin Analyses
------------------------------------------------------------------------
                                                   Single        Pair
          Aflatoxin test by commodity             analysis     analyses
-----------------------------------------------------------------\1\----
Peanut Butter (TLC-CB, HPLC, Affinity Column).       $45.00       \2\ NA
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

[[Page 64314]]

 
Oilseed Meals (TLC, HPLC, Affinity Column)....       $45.00           NA
Edible Seeds (TLC)............................        45.00           NA
Dried Fruit (TLC).............................        45.00           NA
Small Grains (TLC)............................        45.00           NA
In-Shell Peanuts Affinity Column (TLC)........        45.00        38.00
In-Shell Peanuts (HPLC).......................        45.00        70.00
Silage; Other Grains (TLC)....................        45.00           NA
Submitted Samples (TLC, HPLC, Affinity Column)        45.00           NA
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 for fruits and vegetables are listed at
  Science and Technology's current hourly rate of $45.00.
\2\ NA denotes not applicable.


      Table 7.--Miscellaneous Charges Supplemental to the Science and Technology's Laboratory Analysis Fees
----------------------------------------------------------------------------------------------------------------
        Laboratory service description                                      List fee
----------------------------------------------------------------------------------------------------------------
Sample Grinding by Vertical Cutter Mixer       $22.50
 (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.
Composting Multiple Subsamples for an          Varies--Preparation fee based on $45.00 per hour.
 Individual Test Sample Unit per subsample.
----------------------------------------------------------------------------------------------------------------


                Table 8.--Additional Charges Applicable to the Sample Receipt and Analysis Report
----------------------------------------------------------------------------------------------------------------
             Service description                                          List charge
----------------------------------------------------------------------------------------------------------------
Courier Expense at Other AMS Laboratories:     Varies (based on total mileage).
 Mileage Charge Set at 32.5 cents 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 reissued.
 Certificate (\1/2\ hour charge).
----------------------------------------------------------------------------------------------------------------

Sec. 91.38  Additional fees for appeal of analysis.

    (a) The appellant will be charged an additional fee at a rate of 
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.


Sec. 91.39  Premium hourly fee rate for overtime and legal holiday 
service.

    (a) Laboratory analyses initiated at the special request of the 
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.


Sec. 91.40  Fees for courier service and facsimile of the analysis 
report.

    (a) The Science and Technology laboratories have a courier charge 
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 paragraph (a) (1) of Sec. 5704 of Title 5, United States Code 
(U.S.C.), the automobile reimbursement rate 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.


Sec. 91.41  [Amended]

    22. In Sec. 91.41, the words `` Division Director'' are revised to 
read ``Deputy Administrator''.

    23. Section 91.42 is revised to read as follows:


Sec. 91.42  Billing.

    (a) Each billing cycle will end on the 25th of the month. The 
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

[[Page 64315]]

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.

    24. In Sec. 91.43, paragraphs (b) and (c) are revised to read as 
follows:


Sec. 91.43  Payment of fees and charges.

* * * * *
    (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.
    (c) As necessary, the Deputy Administrator may require that fees 
shall be paid in advance of the performance of the requested service. 
Any fees paid in excess of the amount due shall be used to offset 
future billings, unless a request for a refund is made by applicant.

    25. In Sec. 91.44, paragraph (e) is revised to read as follows:


Sec. 91.44  Charges on overdue accounts and issuance of delinquency 
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.

    26. Section 91.45 is revised to read as follows:


Sec. 91.45  Charges for laboratory services on a contract basis.

    (a) Irrespective of hourly fee rates and charges prescribed in 
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.

PART 92--[AMENDED]

    1. The authority citation 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'' 
are revised to read ``Science and Technology's''.


Sec. 92.2  [Amended]

    3. Section 92.2 is amended as follows:
    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 ``AMS'' and ``Certificate of Analysis 
(Form TB-92)'' in alphabetical order to read as follows:


Sec. 92.2  Definitions.

* * * * *
    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.
    DDT. The common abbreviation for Dichloro diphenyl trichloroethane 
or the common name for the chlorinated insecticide or contact poison 
1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethane.
    Dicamba. The common name for the acid herbicide 2-Methoxy-3,6-
dichlorobenzoic acid.
    HCB. The common abbreviation for the organochlorine pesticide 
Hexachlorobenzene.
    Maximum pesticide residue level. The maximum concentration of 
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:


Sec. 92.3  Location for laboratory testing and kind of services 
available.

    (a) The analytical testing of imported Type 92 flue-cured tobacco 
samples and

[[Page 64316]]

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 
28054-0614.
    (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:


Sec. 92.4  Approved forms for reporting analytical results.

* * * * *
    (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:


Sec. 92.5  Analytical methods.

    Every chemist certified to analyze tobacco samples for pesticide 
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 & 
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:


Sec. 92.6  Cost for pesticide analysis set by cooperative agreement.

    The fee for the pesticide analysis of tobacco is set by the AMS 
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.

PART 93--[AMENDED]

    1. The authority citation 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'', 
``Brix value'' and ``Recoverable oil'' are revised to read as follows:


Sec. 93.2  Definitions.

* * * * *
    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 refractometer along with the 
``International Scale of Refractive 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:


Sec. 93.3  Analyses available and location of laboratory.

    (a) Laboratory analyses of citrus juice and other citrus products 
are being performed at the following Science and Technology location: 
USDA, AMS, S&T Eastern Laboratory (Citrus), 98 Third Street, SW., 
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.


Sec. 93.4  [Amended]

    4. Section 93.4 is revised to read as follows:

[[Page 64317]]

Sec. 93.4  Analytical methods.

    (a) The majority of analytical methods for citrus products are 
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:


Sec. 93.5  Fees for citrus product analyses set by cooperative 
agreement.

    The fees for the analyses of fresh citrus juices and other citrus 
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:


Sec. 93.11  Definitions.

* * * * *
    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<INF>1</INF> and derivatives with a blue fluorescence, aflatoxin 
B<INF>2</INF> with a blue-violet fluorescence, aflatoxin G<INF>1</INF> 
with a green fluorescence, aflatoxin G<INF>2</INF> with a green-blue 
fluorescence, aflatoxin M<INF>1</INF> with a blue-violet fluorescence, 
and aflatoxin M<INF>2</INF> with a violet fluorescence. These closely 
related molecular structures are referred to as aflatoxin 
B<INF>1</INF>, B<INF>2</INF>, G<INF>1</INF>, G<INF>2</INF>, 
M<INF>1</INF>, M<INF>2</INF>, GM<INF>1</INF>, B<INF>2a</INF>, 
G<INF>2</INF><INF>a</INF>, R<INF>0</INF>, B<INF>3</INF>, 1-
OCH<INF>3</INF>B<INF>2</INF>, and 1-CH<INF>3</INF>G<INF>2</INF>.
    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:


Sec. 93.12  Analyses available and locations of laboratories.

    (a) Aflatoxin testing services. The aflatoxin analyses for peanuts, 
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:

(1) USDA, AMS, S&T
    1211 Schley Avenue, Albany, GA 31707.
(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.

    (b) Peanuts, peanut products, and oilseed testing services.
    (1) The 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:


Sec. 93.13  Analytical methods.

    Official analyses for peanuts, nuts, corn, oilseeds, and related 
vegetable oils are found in the following manuals:
    (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) 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:


Sec. 93.14  Fees for aflatoxin analysis and fees for testing of other 
mycotoxins.

    (a) The fee charged for any laboratory analysis for aflatoxins and 
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.

[[Page 64318]]

    (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:


Sec. 93.15  Fees for analytical testing of oilseeds.

    The fee charged for any laboratory analysis for oilseeds shall be 
obtained from the Laboratory Director for aflatoxin laboratories at the 
Dothan administrative office as listed in 7 CFR 93.14(a).

PART 94--[AMENDED]

    1. The authority citation part 94 continues to read as follows:

    Authority: Secs. 2-28 of the Egg Products Inspection Act (84 
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).


    2. In Sec. 94.2, the definitions for ``Egg'', ``Egg product'' and 
``Mandatory sample'' are revised to read as follows:


Sec. 94.2  Definitions.

* * * * *
    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:


Sec. 94.3  Analyses performed and locations of laboratories.

    (a) Samples drawn by a USDA egg products inspector will be analyzed 
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 
28054-0614.

    4. Section 94.4 is revised to read as follows:


Sec. 94.4  Analytical methods.

    The majority of analytical methods used by the USDA laboratories to 
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.
    (f) Standard Methods for the Examination of Dairy Products, 
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).

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 
revised to read ``Science and Technology'', and the word ``S&TD'' is 
revised to read ``S&T'' everywhere they appear.

    Dated: October 20, 2000.
Robert L. Epstein,
Acting Deputy Administrator, Science and Technology, Agricultural 
Marketing Service.
[FR Doc. 00-27482 Filed 10-25-00; 8:45 am]
BILLING CODE 3410-02-P


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