[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11167]
[[Page Unknown]]
[Federal Register: May 10, 1994]
_______________________________________________________________________
Part VIII
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Part 58, et al.
Agency Reorganization of Analytical Testing Services; Interim Final
Rule
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 58, 91, 93, 94, 95, 98
[SD-94-002]
RIN 0581-AB24
Agency Reorganization of Analytical Testing Services
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) commodity laboratory
testing programs under the AMS Science Division was established by a
final rule effective August 1993. In order to implement the new and
revised regulations, AMS codified the Agency reorganization of
analytical testing services under a separate rule by consolidating and
transferring functions from other Title 7 CFR parts related to
analytical testing services to the AMS Science Division. This interim
final rule reduces laboratory testing fees for certain dairy products
based on various factors such as a decrease in minimum test times for
certain products from one-half hour to one-quarter hour, a decrease in
expenditures for making some test preparations, and a decreased number
of procedural steps required for performing certain laboratory
analyses. This rule also establishes additional tests for dairy
products for incorporation into existing schedules with a $34.20 hourly
rate. In addition, this interim final rule makes several technical
corrections and revisions.
DATES: This interim final rule is effective May 10, 1994; comments must
be received on or before June 9, 1994.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent in triplicate
to William J. Franks, Jr., Acting Director, Science Division,
Agricultural Marketing Service, U. S. Department of Agriculture, P.O.
Box 96456, room 3507 South Agriculture Building, Washington, DC 20090-
6456. Facsimile (202) 720-6496.
Comments should reference the docket number and date and page
numbers of this issue of the Federal Register. All written submissions
pursuant to this rule will be made available for public inspection in
the above office, between the hours of 9 a.m., and 3 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Jon E. McNeal, Chief, Technical
Services Branch, Science Division, Agricultural Marketing Service, U.
S. Department of Agriculture, P.O. Box 96456, room 3517 South
Agriculture Building, Washington, DC 20090-6456, Telephone (202) 720-
2216.
SUPPLEMENTARY INFORMATION:
I. Executive Order 12866 and Executive Order 12778
The Department has determined that this rule is not significant for
purposes of Executive Order 12866 and it therefore has not been
reviewed by the Office of Management and Budget (OMB).
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will 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 the provisions of this rule.
II. Effect on Small Entities
The Administrator, Agricultural Marketing Service, has determined
that this action will not have a significant economic impact on a
substantial number of small entities as defined by the Regulatory
Flexibility Act (U.S.C. 601-612). The fees provided for in this rule
reflect a minimal change in the costs currently borne by those entities
which utilize certain laboratory services. The rule is designed to
provide usual and reasonable fees for laboratory testing that are
consistent with costs in time and resources to ensure adequate funding
of the laboratory operations of the Science Division.
III. Background
On August 9, 1993, the agency reorganization of analytical testing
under the Science Division and schedules of laboratory fees were
published as a final rule in the Federal Register (58 FR 42408-42448)
after receiving only one comment on the proposal. The fee schedules
became effective immediately and were devised to have a single fee for
the same test rather than assessing separate laboratory fees for
different commodities and their products.
The dairy product laboratory fees for 35 tests or combination of
tests that were listed in former regulations at 7 CFR 58.44 were
increased by large percentages in the final rule. As a consequence, the
dairy industry has complained that it is burdened with testing fees
that cannot be assimilated into current purchasing contracts.
The single test laboratory fees for other commodity products did
not change as significantly as test fees for dairy products. Prior to
the final rule implementation, the dairy testing fees had been revised
only slightly since the Dairy Division's rule in November 2, 1977 (42
FR 57301). The heavy volume of laboratory testing of dairy products in
the early 1980's associated with Commodity Credit Corporation purchases
diminished the need for periodic fee increases. However, the workload
for laboratory testing of dairy products was reduced greatly beginning
in 1986. In addition, the dairy testing fees were carried over and not
revised from 1988 to 1993 while the Agency prepared a consolidated
regulation for laboratory services within the Science Division and
updated fees. Consequently, when the new fees were placed in effect,
the dairy industry faced very substantial increases in testing fees. In
response to the various objections generated among dairy processors and
after further consideration of the matter, the agency temporarily
restored the dairy testing fees to the applicable charges and hourly
rate in effect on April 17, 1989.
In order to address the fee situation in a more coherent fashion,
and to reduce costs to the industry, this interim rule readjusts fees,
makes substitutions for certain tests, and contains other changes.
Laboratory fees are established in a variety of ways in private and
government laboratories. The readjustment of fees or substitutions for
some analyses contained in the original fee schedules concerning 18
laboratory tests for dairy products were developed by reviewing and
considering comparable available commercial laboratory fees. Most
commercial laboratory lists of available laboratory analyses and
corresponding fees for the tests are not designated with a specific
commodity or product in mind.
IV. Change in Minimum Laboratory Fee
The minimum laboratory testing fee is being reduced from $17.10 to
$8.55. The original minimum fee published on August 9, 1993, is based
on current commodity product grading and inspection fees which specify
a minimum one-half hour charge. However, some laboratory analyses
applying to dairy product grading can be performed within a one-quarter
hour and therefore would incur a corresponding $8.55 fee. The
laboratory tests with a revised one-quarter hour charge are listed as
follows: (1) titratable acidity, (2) density or specific gravity, (3)
scorched particles, and (4) net weight per can. Analysis time includes
the allotted periods for sample tracking, reagent and standard solution
preparation, sample preparation and laboratory bench analysis, cleanup,
analytical result determination and interpretation with supervisory
review, and the time for issuing a test report. The individual
laboratory test fee determinations in this rule must necessarily
include the length of time spent on tests performed for quality
control, quality assurance, and proficiency testing.
V. Reduction in Dairy Testing Fees Based on Varying Complexity of
Standard Analytical Methods for Different Commodities
The schedules of consolidated fees and charges for the single
analyte testings were established in the rule published on August 9,
1993, based on the reasoning that there is, in general, comparable
complexity of procedures and similar methodology for different
commodities and their products. However, some standard methods or tests
for the examination of dairy products have a dissimilar process for
testing a given analyte, shorter procedures, decreased complexity of
reagent and materials preparation, reduced analyst manipulations with
samples and their derivatives, fewer measurements, and/or a lower
degree of interpretation required. Consequently, these dairy tests are
less complex and would justify a reduction of the fee. The laboratory
fees for dairy products that are lowered in this interim final rule
because the tests are less complex are as follows: (1) fat (dairy
products), (2) salt titration, (3) peroxide value, (4) free fatty acid,
(5) solubility index, (6) whey protein nitrogen, (7) vitamin A (dry
milk products), (8) alkalinity of ash, (9) antibiotic, (10) complete
Kohman, (11) direct microscopic clump count, (12) proteolytic count,
(13) coliform, and (14) Salmonella Step 1.
The fee schedule in Table 1 of this rule has a fee of $17.10 or a
one-half hour charge for fat in dairy products (except cheese) added to
the schedule since the fat analysis requires only two extractions. Fat
analysis of cheese requires three or more extractions and therefore is
set at $25.65. Table 1 also has a one-half hour charge for the salt or
chloride titration of dairy products, such as butter and cheese. This
is a reduction from the three-quarter hour charge for other
commodities. The salt analysis for cheese by the potentiometric method
and the analysis for butter does not require a digestion step.
The fee for the peroxide value determination in Table 2 has been
reduced from a one and one-half hour charge to a three-quarter hour
charge. The fee for free fatty acid analysis has been reduced from a
three-quarter hour to a one-half hour charge. The peroxide value and
free fatty acid test fee revisions are based on time and motion studies
of the average times required to perform the individual dairy tests
that the fees prior to 1993 were based on, that is, 1 hour for the
peroxide value test and 27 minutes for the free fatty acid test. The
revised peroxide value and free fatty acid test fees would be
applicable to all commodities. However, the more complex AOAC gas
chromatographic (gc) method for the determination of fatty acid profile
in Table 2 would require an increase in analyst time to 4 hours to
perform.
The fee for the solubility index determination for dry milk
products in Table 3 has been reduced from a three-quarter hour to a
one-half hour charge. The method has relatively few manual procedures
to follow with no reagents or standard solutions to prepare.
The fee for the determination of whey protein nitrogen (WPN) in
milk products in Table 3 has been reduced from a two and one-half hour
charge to a three-quarter hour charge. The fee of $85.50 for WPN was
based on a different method and more elaborate manual procedures than
are actually employed for official dairy testing. The original two and
one-half hour charge was based on the consideration that undenatured
whey protein could be determined from the Kjeldahl analysis of
noncasein filtrate and of filtrate obtained by treating milk with
trichloroacetic acid solution. However, the whey protein nitrogen
content is determined routinely in a different manner by comparing the
optical density of a properly prepared sample against a standard curve
of low and high heat reference powders from the American Dairy Products
Institute (Chicago, Illinois) with known WPN contents.
The fee for the determination of vitamin A in Table 3 has been
reduced from a five hour charge to a two and one-half hour charge. The
original 5 hour analyst time frame was based on the consideration that
the vitamin A test has both unstable reagents and standard solutions.
Examination of Science Division records has revealed that 1,262 vitamin
A tests had been conducted during Fiscal Year 1993, which is a
relatively frequent occurrence of testing for one analyte. Hence,
considerable analyst time could be saved on an average test time per
sample basis since identical reagents and the same vitamin A standard
and carotene standard curves could be used for a batch run of samples.
The fee for the vitamin A determination for nonfat and instant dry
milks in Table 3 has been reduced further to a one and one-quarter hour
charge since the Carr-Price method is used and this analysis does not
require eliminating carotenoids by alumina column chromatography, as
the vitamin A procedures for other commodities require.
The fee for the determination of alkalinity of ash of dairy
products in Table 3 has been reduced from a four hour charge to a one
and one-half hour charge. This test fee of $136.80 was set by
considering the time spend to monitor the sample ashing process by
muffle furnace. The alkalinity of ash test fee is lowered since the
ignition of sample to constant weight at 550 deg.C in the furnace does
not normally require continuous observation by the analyst. Hence the
analyst is usually free to perform other laboratory analyses during the
interim time.
The antibiotic test for dairy products, that is newly inserted in
Table 3, is a qualitative test where a positive or a negative response
indicates the presence or absence, respectively, of antibiotics and
other inhibitory substances. When the original time of four hours was
estimated for the antibiotic test, it was based on a quantitative type
of analysis which involves extensive procedures to derive the identity
of a specific antibiotic including subsequent steps to determine its
exact concentration in a commodity product. Therefore, Table 3 has a
half-hour charge for the qualitative test for antibiotics, which is now
applicable to dairy products. Table 3 continues to have a four hour
charge for the quantitative determination of antibiotics, which is now
applicable to other commodity products.
The fee for the complete Kohman testing of dairy products in Table
4 has been reduced from a three hour charge to a one hour charge. The
complete Kohman analysis involves determining fat, moisture, salt and
curd components of the dairy product usually designated at a one hour,
a one-half hour, a three-quarter hour and a three-quarter hour charge
respectively. The original charge for the Kohman analysis was set as if
the four tests were performed separately to determine the full
composition of the dairy product and the analysis charge was
established on a combination fee basis. However, the complete
composition of the dairy product by Kohman testing is actually
determined by a series of interrelated analyses. Furthermore, the
percentage of curd does not involve a laboratory test with dairy
products and it is obtained by the difference of 100 and the percentage
sum total of moisture, fat, and salt.
The new three-quarter hour fee for direct microscopic clump count
(DMCC) for dairy products in Table 5 covers the preparation of stained
films of sample portions on a slide and the counting of bacterial
organisms and clumps in six microscopic fields across the slide.
Bacterial types in clusters or clumps, that is Staphylococcus spp. and
Micrococcus spp., are counted as one bacterium. The bacterial direct
microscopic count for other commodities is set at a slightly higher
charge of one hour because the bacterial counting of stained sample
films is done in an up and down fashion and a minimum of 20 microscopic
fields are counted with up to 100 fields when a high quality product is
tested.
The fee for the proteolytic count in Table 5 has been reduced from
a one hour charge to a one-half hour charge. The proteolytic bacteria
count analysis in cream or butter samples is rarely conducted. The fee
in the rule published on August 9, 1993, was established by considering
the extra time spent first to determine the specific identity of the
proteolytic bacteria, such as Pseudomonas spp. However, the proteolytic
bacteria count analysis requires making only a general differentiation
and an enumeration based on the organism's ability to grow and to bring
about the liquefaction of the milk curd. The proteolytic count is
essentially an aerobic standard plate count, that has a one-half hour
charge, with just one additional procedural step where the agar surface
is flooded with an acid solution before counting.
The new one-half hour fee for coliform plate count analysis of
dairy products in Table 5 is established separately from the three-
quarter hour fee for coliform plate count analysis in other
commodities. The dry rehydratable film method is used for the coliform
analysis of dairy products. This method involves a considerable
reduction in procedural steps and analyst time compared to the coliform
plate count analysis associated with other commodities and their
products. First, the violet red bile coliform count film plates come
completely prepared from the manufacturer. For this reason, there is a
time savings over the other coliform methods that involve the
preparation and the tempering of Violet Red Bile (VRB) agar. In
addition, the dry rehydratable film method for coliform bacteria does
not require a media cover layer to be placed over the solidified VRB
agar. Furthermore, the coliform organisms of dairy products are
identifiable and confirmed on petrifilm coliform count plates with red
colonies having gas bubbles trapped in the VRB agar. Accordingly, the
additional use of brilliant green lactose bile broth is not needed to
confirm the presence of coliforms with the dairy product coliform
determination, as it is needed with the method for other products.
The new one hour fee for Salmonella step 1 analysis of dairy
products in Table 5 is established separately from the one and one-half
hour fee for Salmonella step 1 analysis in other commodities. The time
savings for the Salmonella determination of dairy products results from
the reduction of handling by the analyst and the decrease number of
stages required for the sample pre-enrichment procedures. The dairy
product serves as its own source of nutrients during the pre-enrichment
process, so the dairy sample is weighed directly into a container of a
sterile diluent. In contrast, other commodities need the preparation of
sterile lactose broth or other nutrient broth for the Salmonella pre-
enrichment process. Furthermore, other commodity product samples
require a pH measurement and a pH adjustment of a sample with non-
selective media mixture before incubation.
The revised schedule of fees has been tailored to more precisely
reflect the costs of some of the laboratory services provided. The
reduced costs and additional tests for dairy products are based on a
re-evaluation of the dairy testing program and on an effort by the
agency to charge fees which are lower but still attempt as nearly as
practicable to cover the cost of the services provided.
VI. Additional Changes to the Final Rule
Since publication of the final rule, some other areas requiring
correction or clarification have arisen. The August 9, 1993 final rule
document 93-18212 beginning on page 42408 inadvertently had the wrong
regulation identifier number (RIN) that was assigned by OMB. The
document RIN 0581-AA51 is amended to RIN 0581-AA85.
Section 58.101 of 7 CFR part 58 should not have been amended in the
final rule. In addition, the rule removed paragraph e(5)(ii) of
Sec. 58.126 of part 58 that should have been retained and revised. The
corrections are needed in this interim final rule to return the
authority for the supervision of the existing dairy plant laboratories
to the Dairy Resident Graders. The AMS Science Division provides
independent auditing of laboratory analysis function for the AMS Dairy
Division.
Sections of 7 CFR parts 91, 93, 94 and 98 are corrected to provide
an updated listing of Science Division addresses for offices and
laboratories.
The definition of ``complete Kohman analysis'' is amended in
Sec. 95.2 to indicate that the full composition analysis of butter and
margarine also includes the curd determination. Furthermore, the
complete Kohman analysis determines the fat, moisture, salt and curd of
the butter and margarine with a series of interrelated analyses.
VII. Interim Final Rule Justification
Pursuant to 5 U.S.C. 553, it is found and determined, upon good
cause that it is impracticable, unnecessary and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, and that good cause exists for not postponing the effective
date of this action until 30 days after publication in the Federal
Register because:
(1) The AMS Science Division needs to have sufficient funds to pay
its dairy product laboratory operating expenses which are incurred on a
continuous basis.
(2) The dairy industry is aware of this action. Furthermore, the
dairy producers desire an expeditious answer concerning the extent of
the reduction of the Division's dairy testing fees. They need to
formulate their budgets early during the start of the 1994 calendar
year and make decisions where their laboratory testing service needs
could best be met.
(3) The dairy processors need laboratory cost information in order
to offer their bids to the Kansas City Commodity Office of the
Agricultural Stabilization and Conservation Service prior to receiving
consideration to process Commodity Credit Corporation-owned bulk dairy
goods before the next shipping cycle, July 1, through December 31,
1994.
(4) This interim final rule provides a 30-day comment period, and
all comments timely received will be considered prior to finalization
of this action.
Lists of Subjects
7 CFR Part 58
Food grades and standards, Dairy products, Food labeling, Reporting
and recordkeeping requirements.
7 CFR Part 91
Administrative practice and procedure, Agricultural commodities,
Fees and charges, Laboratories.
7 CFR Part 93
Citrus fruits, Fruit juices, Fruits, Laboratories, Nuts, Vegetable.
7 CFR Part 94
Eggs and egg products, Laboratories, Poultry and poultry products.
7 CFR Part 95
Dairy products, Laboratories, Milk.
7 CFR Part 98
Meat and meat products, Laboratories.
For the reasons set forth in the preamble, AMS amends 7 CFR parts
58, 91, 93, 94, 95 and 98 as follows:
PART 58--GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR
APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS
1. The authority citation for part 58 continues to read as follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended; 7 U.S.C.
1621-1627, unless otherwise noted.
Sec. 58.101 [Amended]
2. In section 58.101, paragraph (c) is amended by removing ``the
AMS Science Division Director'' (the first time it appears) and adding
in its place ``the Administrator''.
3. Section 58.126 is amended by redesignating paragraph (e)(5)(ii)
as paragraph (e)(5)(iii) and adding a new paragraph (e)(5)(ii) to read
as follows:
Sec. 58.126 Buildings.
* * * * *
(e) * * *
(5) * * *
(ii) Approved laboratories shall be supervised by the USDA resident
inspector in all aspects of official testing and reporting results.
Plant laboratory personnel in such plants may be licensed by the USDA
to perform official duties. The AMS Science Division will provide
independent auditing of laboratory analysis functions.
* * * * *
PART 91--SERVICES AND GENERAL INFORMATION
1. The authority citation for part 91 continues to read as follows:
Authority: Agricultural Marketing Act of 1946, secs. 203, 205,
60 Stat. 1087, as amended, 1090, as amended (7 U.S.C. 1622, 1624).
2. In Sec. 91.5, paragraph (a)(1)(ii) is revised to read as set
forth below.
3. In Sec. 91.5, paragraph (a)(2)(i) is revised to read as set
forth below.
4. In Sec. 91.5, paragraph (a)(2)(iii) is revised to read as set
forth below.
5. In section 91.5, paragraph (a)(3) is amended by removing
``Science Division Citrus Laboratory, 111 Third Street, SW., suite 211,
Winter Haven, FL 33880'' and adding in its place ``Science Division
Citrus Laboratory, 98 Third Street, SW, Winter Haven, FL 33880''.
6. In section 91.5, paragraph (b) is amended by removing
``Director, Science Division, Agricultural Marketing Service, United
States Department of Agriculture (USDA), P.O. Box 96456, Washington, DC
20090-6456'' and adding in its place ``Director, Science Division,
Agricultural Marketing Service, United States Department of Agriculture
(USDA), P.O. Box 96456, Washington, DC 20090-6456''.
Sec. 91.5 Where Services are offered.
(a) * * *
(1) * * *
(ii) USDA, AMS, SD, Eastern Laboratory, 2311-B Aberdeen Boulevard,
Gastonia, NC 28054.
(2) * * *
(i) USDA, AMS, SD, 3119 Wesley Way, suite 6, Dothan, AL 36301,
Mail: P.O. Box 1368, Dothan, AL 36302.
* * * * *
(iii) USDA, AMS, SD, 1211 Schley Avenue, Albany, GA 31707.
* * * * *
7. In section 91.37, paragraph (a) introductory text is amended by
removing ``one-half hour'' in the sixth sentence and adding in its
place ``one-quarter hour''.
8. In Sec. 91.37, paragraph (a), Tables 1, 2, 3, 4 and 5 are
revised to read as follows:
Sec. 91.37 Fees for laboratory testing, analysis, and other services.
(a) * * *
General Schedules of Fees for Official Laboratory Test Services
Performed at the AMS Science Division Laboratories for Processed
Commodity Products
Table 1.--Single Test Times and Laboratory Fees for Proximate Analyses
------------------------------------------------------------------------
Hours for
Type of analysis single List fee
test
------------------------------------------------------------------------
Ammonia, Ion Selective Electrode................ 2.25 $76.95
Ash, Total...................................... 1 34.20
Ash, Acid Insoluble............................. 1.5 51.30
Chloride, Salt Titration (Dairy)................ 0.5 17.10
Fat, Acid Hydrolysis............................ 1 34.20
Fat (Cheese and Related Products)............... 0.75 25.65
Fat (Dairy Products except Cheese).............. 0.5 17.10
Fat, Ether Extraction........................... 1 34.20
Fat, Microwave--Solvent Extraction.............. 1 34.20
Fat, Specific Gravity........................... 1 34.20
Fiber, Crude.................................... 2 68.40
Moisture, Distillation.......................... 1 34.20
Moisture, Karl Fischer.......................... 1.5 51.30
Moisture, Oven.................................. 0.5 17.10
Protein, Kjeldahl............................... 2 68.40
Salt, Back Titration............................ 0.75 25.65
Salt, Potentiometric............................ 0.5 17.10
------------------------------------------------------------------------
Table 2.--Single Test Times and Laboratory Fees for Lipid Related
Analyses
------------------------------------------------------------------------
Hours for
Type of Analysis single List fee
test
------------------------------------------------------------------------
Acid Degree Value (Dairy)....................... 1 $34.20
Acidity, Titratable............................. 0.25 8.55
Carotene, Spectrophotometric.................... 2.5 85.50
Catalase Test................................... 0.5 17.10
Cholesterol\1\.................................. 5 171.00
Color (Honey)................................... 0.5 17.10
Color, NEPA (Eggs).............................. 1 34.20
Consistency, Bostwick (Cooked).................. 0.5 17.10
Consistency, Bostwick (Uncooked)................ 0.5 17.10
Density (Specific Gravity)...................... 0.25 8.55
Dispersibility (Moates-Dabbah Method)........... 0.5 17.10
Fat Stability,\2\ AOM........................... 1 34.20
Fatty Acid Profile (AOAC-GC method)............. 4 136.80
Flash Point Test only........................... 2 68.40
Free fatty acids................................ 0.5 17.10
Meltability (Process Cheese).................... 0.5 17.10
Peroxidase Test................................. 0.5 17.10
Peroxide Value.................................. 0.75 25.65
Smoke Point Test only........................... 2 68.40
Smoke Point and Flash Point..................... 3.5 119.70
Solids, Total (Oven Drying)..................... 0.5 17.10
Soluble Solids, Refractometer................... 0.5 17.10
------------------------------------------------------------------------
\1\Moisture and fat analyses are required to be analyzed at an
additional cost as prerequisites to the cholesterol test.
\2\Peroxide value analysis is required as a prerequisite to the fat
stability test at the additional fee.
Table 3.--Single Test Times and Laboratory Fees for Food Additives
(Direct and Indirect)
------------------------------------------------------------------------
Hours for
Type of analysis single List fee
test
------------------------------------------------------------------------
Aflatoxin, (Dairy, Eggs)........................ 3.5 $119.70
Alar or Daminozide Residue...................... 6 205.20
Amitraz Residue, GLC............................ 6 205.20
Alcohol (Qualitative)........................... 2 68.40
Alkalinity of Ash............................... 1.5 51.30
Antibiotic, Qualitative\1\ (Dairy).............. 0.5 17.10
Antibiotic, Quantitative........................ 4 136.80
Ascorbates (Qualitative--Meats)................. 0.5 17.10
Ascorbic Acid, Titration........................ 1 34.20
Ascorbic Acid, Spectrophotometric............... 1 34.20
Benzene, Residual............................... 2 68.40
Brix, Direct Percent Sucrose.................... 0.5 17.10
Brix, Dilution.................................. 0.5 17.10
Butylated Hydroxyanisole (BHA).................. 1.5 51.30
Butylated Hydroxytoluene (BHT).................. 1.5 51.30
Caffeine, Micro Bailey-Andrew................... 1.5 51.30
Caffeine, Spectrophotometric.................... 1 34.20
Calcium......................................... 1.5 51.30
Citric Acid, GLC or HPLC........................ 1.5 51.30
Chlorinated Hydrocarbons:
Pesticides and Industrial Chemicals--
Initial Screen.............................. 4 136.80
Second Column Confirmation of Analyte....... 1 34.20
Confirmation on Mass Spectrometer........... 2 68.40
Dextrin (Qualitative)........................... 0.5 17.10
Dextrin (Quantitative).......................... 3 102.60
Filth, Heavy (Dairy)............................ 2.5 85.50
Filth, Heavy (Eggs)............................. 4 136.80
Filth, Light (Eggs)............................. 2.5 85.50
Filth, Light and Heavy (Eggs Extraneous)........ 6 205.20
Flavor.......................................... 0.75 25.65
Fumigants:
Initial Screen--
Dibromochloropropane (DBCP)................. 1 34.20
Ethylene Dibromide.......................... 1 34.20
Methyl Bromide.............................. 1 34.20
Confirmation on Mass Spectrometer--Each
individual fumigant residue.................. 2 68.40
Glucose (Qualitative)........................... 0.75 25.65
Glucose (Quantitative).......................... 1.75 59.85
Glycerol (Quantitative)......................... 3 102.60
Gums............................................ 3 102.60
High Sucrose Content or Avasucrol--Percent
Sucrose (Holland Eggs)......................... 4 136.80
Hydrogen Ion Activity, pH....................... 0.5 17.10
Mercury, Cold Vapor AA.......................... 2.5 85.50
Metals--Other Than Mercury, Each Metal.......... 2 68.40
Monosodium Dihydrogen Phosphate................. 4 136.80
Monosodium Glutamate............................ 4 136.80
Nitrites (Qualitative).......................... 0.5 17.10
Nitrites (Quantitative)......................... 3 102.60
Oxygen.......................................... 0.5 17.10
Palatability and Odor:
First Sample.................................. 0.75 25.65
Each Additional Sample........................ 0.5 17.10
Phosphatase, Residual........................... 1 34.20
Phosphorus...................................... 2 68.40
Propylene Glycol, Codistillation: (Qualitative). 2 68.40
Pyrethrin Residue (Dairy)....................... 4 136.80
Scorched Particles.............................. 0.25 8.55
Sodium, Potentiometric.......................... 1 34.20
Sodium Benzoate, HPLC........................... 1.5 51.30
Sodium Lauryl Sulfate (SLS)..................... 8 273.60
Sodium Silicoaluminate (Zeolex)................. 2 68.40
Solubility Index................................ 0.5 17.10
Starch, Direct Acid Hydrolysis.................. 3 102.60
Sugar, Polarimetric Methods..................... 1 34.20
Sugar Profile, HPLC--This profile includes the
following components: Dextrose, Fructose,
Lactose, Maltose and Sucrose:
One type sugar from HPLC profile.............. 3 102.60
Each additional type sugar.................... 0.5 17.10
Sugars, Non-Reducing............................ 3 102.60
Sugars, Total as Invert......................... 2 68.40
Sulfites (Qualitative).......................... 0.75 25.65
Sulfur Dioxide, Direct Titration................ 1 34.20
Sulfur Dioxide, Monier-Williams................. 1.5 51.30
Toluene, Residual............................... 2 68.40
Triethyl Citrate, GC (Quantitative)............. 1 34.20
Vitamin A....................................... 2.5 85.50
Vitamin A, Carr-Price (Dry Milk)................ 1.25 42.75
Vitamin D, HPLC (Vitamins D2 and D3)............ 8.5 290.70
Whey Protein Nitrogen........................... 0.75 25.65
Xanthydrol Test For Urea........................ 1.5 51.30
This is an optional test to the extraneous
materials isolation test.
------------------------------------------------------------------------
\1\Disc Assay Method.
Table 4.--Single Test Times and Laboratory Fees for Other Chemical and
Physical Component Analyses
------------------------------------------------------------------------
Hours for
Type of analysis single List fee
test
------------------------------------------------------------------------
Available Carbon Dioxide (Baking Powders)....... 4 $136.80
Complete Kohman Analysis (Dairy)................ 1 34.20
Jelly Strength (Bloom).......................... 2.5 85.50
Methyl Anthranilate............................. 1 34.20
Grape Juice Absorbency Ratio.................... 0.5 17.10
Net Weight (Per Can)............................ 0.25 8.55
Non-Volatile Methylene Chloride Extract......... 2.5 85.50
Particle Size (Ether Wash)...................... 0.5 17.10
Potassium Iodide (Table Salt)................... 1.5 51.30
Quinic Acid (Cranberry Juice)................... 1.75 59.85
Sieve or Particle Size.......................... 0.5 17.10
Water Activity.................................. 4 136.80
Water Insoluble Inorganic Residues (WIIR)....... 2 68.40
Yellow Onion Test............................... 0.75 25.65
------------------------------------------------------------------------
Table 5.--Single Test Times and Laboratory Fees for Microbiological
Analyses
------------------------------------------------------------------------
Hours for
Type of analysis single List fee
test
------------------------------------------------------------------------
Aerobic (Standard) Plate Count.................. 0.5 $17.10
Anaerobic Bacterial Plate Count................. 0.75 25.65
Bacterial Direct Microscopic Count.............. 1 34.20
Campylobacter jejuni............................ 4 136.80
Coliform Plate Count (Dairy Products)........... 0.5 17.10
Coliform Plate Count, Violet Red Bile Agar:
(Presumptive Coliform Plate Count).............. 0.75 25.65
Coliforms, Most Probable Number (MPN):\1\
Step 1...................................... 0.75 25.65
Step 2...................................... 0.75 25.65
Direct Microscopic Clump Count, DMCC............ 0.75 25.65
E. coli, Presumptive MPN (Additional Fee)\2\.... 1.5 51.30
Enterococci Count............................... 3 102.60
Listeria monocytogenes confirmation analysis:\3\
Step 1...................................... 1.5 51.30
Step 2...................................... 1.5 51.30
Step 3 (Confirmation)....................... 2.5 85.50
Proteolytic Count (Dairy)....................... 0.5 17.10
Psychrotrophic Bacterial Plate Count............ 0.75 25.65
Salmonella (USDA Culture Method):\4\
Step 1 (Dairy Products)..................... 1 34.20
Step 1...................................... 1.5 51.30
Step 2...................................... 0.75 25.65
Step 3 (Confirmation)....................... 1.5 51.30
Serological Typing (Optional)............... 2.5 85.50
Salmonella (Rapid Methods):\5\
Step 1...................................... 2 68.40
Step 2...................................... 0.75 25.65
Step 3 (Confirmation)....................... 1.5 51.30
Staphylococcus aureus, MPN:
With Coagulase Positive Confirmation........ 1.75 59.85
Thermoduric Bacterial Plate Count............... 0.75 25.65
Yeast and Mold Count............................ 0.5 17.10
Yeast and Mold Differential Plate Count......... 0.75 25.65
------------------------------------------------------------------------
\1\Coliform MPN analysis may be in two steps as follows: Step 1--
presumptive test through lauryl sulfate tryptose broth; Step 2--
confirmatory test through brilliant green lactose bile broth.
\2\Step 1 of the coliform MPN analysis is a prerequisite for the
performance of the presumptive E. coli test, Prior enrichment in
lauryl sulfate tryptose broth is required for optimal recovery of E.
coli from inoculated and incubated EC broth (Escherichia coli broth).
The E. coli test is performed through growth on eosin methylene blue
agar. The fee stated for E. coli analysis is a supplementary charge to
step 1 of coliform test.
\3\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.
\4\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.
\5\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.
* * * * *
PART 93--PROCESSED FRUITS AND VEGETABLES
1. The authority citation for part 93 continues to read as follows:
Authority: Agricultural Marketing Act of 1946, Secs. 203, 205,
60 Stat. 1087, as amended, 1090, as amended (7 U.S.C. 1622, 1624).
Sec. 93.3 [Amended]
2. In Sec. 93.3, paragraph (a) is amended by removing ``Science
Division Citrus Laboratory, 111 Third Street, SW, suite 211, Winter
Haven, FL 33880'' and adding in its place ``Science Division Citrus
Laboratory, 98 Third Street, SW, Winter Haven, FL 33880''.
3. In Sec. 93.102, paragraphs (a)(1) and (a)(2) are revised to read
as follows:
Sec. 93.102 Analyses available and locations of laboratories.
(a) * * *
(1) USDA, AMS, SD, 3119 Wesley Way, suite 6, Dothan, AL 36301,
Mail: P.O. Box 1368, Dothan, AL 36302.
(2) USDA, AMS, SD, 1211 Schley Avenue, Albany, GA 31707.
* * * * *
PART 94--POULTRY AND EGG PRODUCTS
1. The authority citation for 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).
Sec. 94.3 [Amended]
2. In section 94.3, paragraph (e) is amended by removing ``USDA,
AMS, Science Division, Eastern Laboratory, 645 Cox Road, Gastonia, NC
28054'' and adding in its place ``USDA, AMS, Science Division, Eastern
Laboratory, 2311-B Aberdeen Boulevard, Gastonia, NC 28054''.
PART 95--PROCESSED DAIRY PRODUCTS
1. The authority citation for part 95 continues to read as follows:
Authority: Agricultural Marketing Act of 1946, secs. 202-208, 60
Stat. 1087, as amended; 7 U.S.C. 1621-1627.
Sec. 95.2 [Amended]
2. In section 95.2, the definition for ``Complete Kohman analysis''
is revised to read as follows:
Sec. 95.2 Definitions.
* * * * *
Complete Kohman analysis. Full composition analysis used for
moisture, fat, salt, and curd determinations in butter and margarine. A
weighed portion is heated to drive off the moisture and then reweighed
to determine the moisture content. The fat is extracted using ether,
and the remaining solids are weighed to determine fat content. The
solids are then dissolved, and the salt content is determined by
titration with standard silver nitrate solution. The percentage of curd
is obtained by the difference of 100 and the percentage sum total of
moisture, fat, and salt.
* * * * *
PART 98--MEALS, READY-TO-EAT (MRE's), MEATS, AND MEAT PRODUCTS
1. The authority citation for part 98 continues to read as follows:
Authority: Agricultural Marketing Act of 1946, Secs. 203, 205,
as amended; 60 Stat. 1087, 1090, as amended (7 U.S.C. 1622 and
1624).
2. In Sec. 98.3, paragraph (b)(3) is revised to read as follows:
Sec. 98.3 Analyses performed and locations of laboratories.
* * * * *
(b) * * *
(3) USDA, AMS, SD, Eastern Laboratory, 2311-B Aberdeen Boulevard,
Gastonia, NC 28054.
Dated: May 3, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-11167 Filed 5-9-94; 8:45 am]
BILLING CODE 3410-02-U
