§ 54.6 - How to obtain service.

§ 54.6 How to obtain service.

Cross Reference

Link to an amendment published at 84 FR 49640, Sept. 23, 2019.

(a) Application.

(1) Any person may apply for service with respect to products in which he or she has a financial interest by completing the required application for service. In any case in which the service is intended to be furnished at an establishment not operated by the applicant, the application

shall

must be approved by the operator of such establishment and such approval shall constitute an authorization for any employee of the Department to enter the establishment for the purpose of performing his or her functions under the regulations in this part. The application

shall

must include:

(

1

i) Name and address of the establishment at which service is desired;

(

2

ii) Name and mailing address of the applicant;

(

3

iii) Financial interest of the applicant in the products, except where application is made by a representative of a Government agency in the representative's official capacity;

(

4

iv) Signature of the applicant (or the signature and title of the applicant's representative);

(

5

v) Indication of the legal status of the applicant as an individual, partnership, corporation, or other form of legal entity; and

(

6

vi) The legal designation of the applicant's business as a small or large business, as defined by the U.S. Small Business Administration's North American Industry Classification System (NAICS) Codes.

(

b) Notice of eligibility for service. The applicant will be notified whether the application is approved or denied.

(c) Request by applicant for service:

(1) Noncommitment. Upon notification of the approval of an application for service, the applicant may, from time-to-time as desired, make oral or written requests for service to be furnished with respect to specific products. Such requests shall be made at an office for grading, either directly or through an AMS employee.

(2) Commitment. If desired, the applicant may request to enter into an agreement with AMS to furnish service on a weekly commitment basis, where the applicant agrees to pay for 8 hours of service per day, 5 days per week, Monday through Friday, excluding Federal legal holidays occurring Monday through Friday on which no grading and certification services are performed, and AMS agrees to make an official grader available to provide service for the applicant. However, AMS reserves the right to use any official grader assigned to a commitment applicant to perform service for other applicants when, in the opinion of the Chief, the official grader is not needed to perform service for the commitment applicant. In those instances, the applicant will not be charged for the work of the grader assigned to his or her facility.

(3) If an applicant who terminates commitment

2) In making application, the applicant agrees to comply with the terms and conditions of the regulations in this part (including, but not being limited to, such instructions governing grading of products as may be issued from time to time by the Administrator). No member of or Delegate to Congress or Resident Commissioner shall be admitted to any benefit that may arise from such service unless derived through service rendered a corporation for its general benefit. Any change in such status, at any time while service is being received, shall be promptly reported by the person receiving the service to the grading office designated by the Director or Chief to process such requests.

(b) Notice of eligibility for service. The applicant will be notified whether the application is approved or denied.

(c) Termination of service. If an applicant who terminates scheduled grading service requests service again within a 2-year period from the date of the initial termination, the applicant will be responsible for all relocation costs associated with the grader assigned to fulfill the new service agreement. If more than one applicant is involved, expenses will be prorated according to each applicant's committed portion of the official grader's services.

[84 FR 4855549640, Sept. 1623, 2019]