[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29506-29511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13615]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 107 / Monday, June 5, 1995 / Proposed
Rules
[[Page 29506]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
9 CFR Part 201
RIN 0590-AA09
Regulations and Statements of General Policy Issued Under the
Packers and Stockyards Act: Scales & Weighing, Restrictions of
Competition, Records, Packer Financial, Packer-Custom Feeding and
Dealer/Order Buyer Arrangements, Meat Packer Sales and Purchase
Contracts, Gifts to Government Employees, and Packer/Dealer Service
Charges
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Proposed rules; review of existing regulations.
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SUMMARY: The Packers and Stockyards Programs, Grain Inspection, Packers
and Stockyards Administration, is currently reviewing all regulations
and policy statements issued under the provisions of the Packers and
Stockyards (P&S) Act. Review of 20 regulations and statements of
general policy, which have been identified as Group II, has been
completed. As a result of the review, this document proposes to modify
six trade practice regulations and retain seven regulations and seven
statements of general policy in their present form.
DATES: Comments must be submitted on or before August 4, 1995.
ADDRESSES: Comments may be mailed to the Deputy Administrator, Packers
and Stockyards Programs, Grain Inspection, Packers and Stockyards
Administration, Room 3039 South Building, U.S. Department of
Agriculture, Washington, D.C. 20250-2810. Comments received may be
inspected during normal business hours in the Office of the Deputy
Administrator.
FOR FURTHER INFORMATION CONTACT: Dan VanAckeren, Acting Director,
Livestock Marketing Division, (202) 720-6951, or Tommy Morris,
Director, Packer and Poultry Division, (202) 720-7363.
SUPPLEMENTARY INFORMATION: Advance Notice of Proposed Rulemaking was
published in the Federal Register (57 FR 42515) on September 15, 1992.
Comments were solicited, at that time, concerning the relevance and
importance of each regulation and statement of general policy to
today's livestock, meat, and poultry industries, and which sections
should be retained, modified or removed. To complete the review
process, the rules covered by the Advance Notice of Proposed Rulemaking
were divided into three groupings and this document relates to those
rules identified as Group II.
In response to a request for comments in the Advance Notice of
Proposed Rulemaking, the Agency received a total of fourteen comments
relating to the rules in Group II. Comments were received from five
livestock producer and trade associations, two legal service groups
representing producer and poultry grower associations, four poultry
grower associations, two livestock marketing interests, and one
livestock auction market.
Six comments were received recommending modification of
Sec. 201.49. This regulation requires that interested parties be
furnished certain specified information in transactions that are based
on the weight of livestock and live poultry. The generation,
distribution, and maintenance of scale tickets is a necessary part of
this process. One comment recommended a modification to the current
regulations to specify that all scales, including those used to
purchase livestock on a dressed weight basis, be equipped with printing
devices. Five comments recommended that the current regulations be
modified to require that scale tickets, similar to those required for
livestock and poultry, be made a requirement for poultry feed delivered
to growers where feed weight is part of the grower's compensation
formula. The commentors proposed that the feed scale printing device
print the time and date on the ticket. These same five commentors also
recommended a modification to the existing regulations to emphasize the
civil penalties of up to $10,000 per livestock weighing offense that
are currently available under section 203 of the P&S Act (7 U.S.C 193).
The same six commentors also proposed revision of Sec. 201.71 which
requires that all scales used by stockyard owners, market agencies,
dealers, packers, and live poultry dealers be installed, maintained,
and operated to insure accurate weights and requires that all scales
used to weigh livestock and live poultry, with the exception of
monorail scales, be equipped with a printing device.
The Agency proposes to amend subsection (a) of Sec. 201.49 by
modifying the last sentence to specifically state that all scales used
to purchase livestock on a dressed weight basis be equipped with
printing devices. The Agency also proposes to amend subsection (b) of
Sec. 201.49 to require weighmaster identification on executed poultry
scale tickets that is uniform with identification required by livestock
weighers. The Agency is considering addressing the issue of poultry
feed weighing where feed weight is a part of the grower's compensation
formula under a separate rulemaking.
The Agency adopts standards, specifications, and tolerances as
approved by the National Institute of Standards and Technology (NIST)
and printed in NIST Handbook 44. The Agency proposes to amend
subsection (a) of Sec. 201.71 to incorporate by reference the 1995
edition of NIST Handbook 44 to replace references to the currently
adopted 1989 edition, as the 1995 handbook contains the most current
standards, specifications, and tolerances approved by NIST. The Agency
also proposes to amend subsection (b) of Sec. 201.71 to specifically
require that scales used to purchase livestock on a carcass weight
basis be equipped with printing devices. The Agency is considering
addressing the issue of poultry feed weighing where feed weight is a
part of the grower's compensation formula under a separate rulemaking.
Section 201.55 requires that purchases and sales of livestock be
made on the basis of actual weights and that any adjustments to the
weights be fully and accurately explained on the accountings. The
Agency proposes to amend Sec. 201.55 by modifying the first sentence to
include the purchase, sale, acquisition, and settlement of live
poultry. This proposed change will provide uniform requirements for
[[Page 29507]] livestock and live poultry. No comments were received
concerning this section.
No comments were received concerning the modification of
Sec. 201.73-1. The Agency proposes a technical change to Sec. 201.73-1
to more accurately reflect where forms are available and where they are
to be filed.
Three comments were received concerning the modification of
Sec. 201.98. This regulation prohibits packers and dealers from
charging commission, yardage, or other selling fees to livestock
sellers. Of the three comments, one was received from each of the
following: a trade association, a livestock auction market, and an
agricultural cooperative. One comment recommended modifying the current
regulation to exempt charges for services that are mandated by law or
regulation from this prohibition. The other two comments recommended a
modification that would only prohibit this practice if it resulted in
anticompetitive behavior or was not disclosed to the seller.
The Agency proposes to amend Sec. 201.98 by adding the wording,
``unless the charge is for services mandated by law or statute'', at
the end of the last sentence of the regulation. This change would allow
buyers to charge for services rendered at the time livestock is
received, such as animal identification, provided the service is
necessary to comply with statutory requirements.
No comments were received concerning the modification of
Sec. 201.108-1. This regulation consists of instructions for live
poultry weighers that inform them of requirements and procedures which
must be followed in order to assure accurate weighing of live poultry
on vehicle scales.
The Agency proposes to amend and update Sec. 201.108-1 by
incorporating instructions for weighing live poultry on electronic
scales with digital readouts. Currently, Sec. 201.108-1 contains
instructions for weighing live poultry on weighbeam and dial scales,
but does not include electronic scales. We also propose to amend the
regulation to assure uniformity of requirements for weighing livestock
and poultry.
A review of the following regulations and statements of general
policy has been completed and the Agency proposes to retain each in its
present form:
Sec. 201.53 Persons subject to the Act not to circulate misleading
reports about market conditions or prices.
Sec. 201.69 Furnishing information to competitor buyers.
Sec. 201.70 Restriction or limitation of competition between
packers and dealers prohibited.
Sec. 201.73 Scale operators to be qualified.
Sec. 201.76 Reweighing.
Sec. 201.100 Records to be furnished poultry growers and sellers.
Sec. 201.200 Sale of livestock to a packer on credit.
Sec. 203.2 Statement of general policy with respect to the giving
by meat packers of meat and other gifts to Government employees.
Sec. 203.4 Statement with respect to the disposition of records by
packers, live poultry dealers, stockyard owners, market agencies and
dealers.
Sec. 203.7 Statement with respect to meat packer sales and purchase
contracts.
Sec. 203.15 Trust benefits under sections 206 and 207 of the Act.
Sec. 203.16 Mailing of checks in payment for livestock purchased
for slaughter, for cash and not on credit.
Sec. 203.18 Statement with respect to packers engaging in the
business of custom feeding livestock.
Sec. 203.19 Statement with respect to packers engaging in the
business of livestock dealers or buying agencies.
In the process of reviewing these regulations, it was determined
that they were necessary to the efficient and effective enforcement of
the P&S Act and to the orderly conduct of the marketing system. The
absence of any of the regulations would be detrimental to the industry
and could result in increased litigation.
Comments received pursuant to the Advance Notice of Proposed
Rulemaking concerning Secs. 203.2, 203.15 and 203.16 were generally in
support of retaining each in its present form. No comments were
received concerning Secs. 201.69, 201.200 and 203.7.
Five comments were received concerning modification of Sec. 201.53.
This regulation prohibits packers, live poultry dealers, stockyard
owners, market agencies, or dealers from knowingly making, issuing, or
circulating false or misleading reports concerning market conditions or
prices on the sale of livestock, meat, or live poultry. One comment
came from a legal service group representing a poultry grower
association and four from poultry grower associations recommending that
the regulation be broadened to prohibit the distribution of false or
misleading information about the income contract growers receive or
could expect to receive in a contract growing arrangement. The Agency
is not proposing any changes in the requirements of Sec. 201.53 and
believes the regulation, as written, adequately specifies that the
Agency considers it an unfair practice under section 202 of the P&S Act
to disseminate false or misleading market information.
Two comments were received concerning modification of Sec. 201.70.
This regulation requires that packers and dealers operate their
livestock buying operations in competition with, and independently of,
one another to avoid a restriction of competition. The comments came
from a trade association and a livestock auction market and recommended
that the regulation be limited to cover only those situations that
result in anticompetitive behavior. The Agency is not proposing any
changes in the current requirements of Sec. 201.70, as the regulation,
coupled with the provisions of the P&S Act, is adequate to ensure that
the intent of the Act is not compromised.
Five comments were received concerning modification of Sec. 201.73.
This regulation requires that stockyard owners, market agencies,
dealers, packers, and live poultry dealers employ only qualified
persons to operate their scales and requires that such employees
operate the scales in accordance with the regulations. One comment came
from a legal service group representing a poultry grower association
and four from poultry grower associations recommending that the
regulation be broadened to require live poultry dealers to employ
qualified weighmasters to weigh poultry feed delivered to contract
poultry growers. The same five commentors recommended that Sec. 201.76,
which requires stockyard owners, market agencies, dealers, packers and
live poultry dealers to reweigh livestock, livestock carcasses, or live
poultry on request of any authorized representative of the Secretary,
be broadened to include poultry feed in the reweighing requirements.
The Agency is proposing no changes to Sec. 201.73 or Sec. 201.76. The
Agency is considering addressing the issue of poultry feed weighing
where feed weight is a part of the grower's compensation formula under
a separate rulemaking.
Seven comments were received concerning modification of
Sec. 201.100. This regulation requires that poultry growing agreements
be written and that they contain essential specified elements. It also
provides that growers are entitled to receive documents necessary for
independent verification of their settlement. Two comments were
received from legal service groups representing poultry producers, four
from poultry growers associations, and one from a producer association.
Five of the seven comments recommended adding language to subsection
(d) to prohibit employees of live poultry dealers who also raise
poultry under growing arrangements with the dealer by whom they are
employed from being included in a grouping or ranking of
[[Page 29508]] poultry growers. One comment recommended expanding
subsection (a) to include livestock. The seventh comment recommended
that this regulation be diligently enforced to ensure that growers have
sufficient information to understand their settlement checks. Past
investigations of growout arrangements have not shown that employees of
a live poultry dealer, who also happen to raise poultry, have an
inherent advantage over other contract growers that would warrant
prohibiting employee and nonemployee contract growers from being
grouped together. Further, the Agency is aware that more and more
livestock is being produced under various contractual arrangements,
however, other provisions of the statute and regulations have been
sufficient to address concerns thus far. Therefore, the Agency is not
proposing any changes in Sec. 201.100.
Six comments were received concerning modification of Sec. 203.4.
This policy statement notifies persons subject to the P&S Act that
certain records may be disposed of after a specific period of time. It
also states that the Deputy Administrator may require that records
should be retained for a longer period pending completion of an
investigation. The policy statement advises that if records are
disposed of before the specified periods, the Agency will consider
taking formal action. One comment was received from a legal service
group representing a poultry grower association, four from poultry
grower associations, and another from a producers association. One
comment recommended no change and the other five recommended modifying
the policy statement to require that records be maintained for a 5-year
period. This section has not caused problems in administering the
provisions of the P&S Act. Further, the Agency has the authority to
require that records be retained for longer periods when deemed
necessary.
Four comments were received concerning modifications of
Sec. 203.18. This policy statement notifies packers that ownership or
operation of custom feedlots may, under certain circumstances, result
in a conflict of interest or anticompetitive violations. It suggests
packers consult with the Agency before commencing such activity. All
four comments were from producer associations. Two comments recommend
section (c) be modified to require consultation with the Agency prior
to acquiring, merging with, or operating a custom feedlot. The two
other comments recommend a strict prohibition against packers owning or
operating custom feedlots. While the Agency continues to be concerned
about potential conflicts of interest, current arrangements do not
appear to have created conflicts warranting a per se prohibition. Also,
current authority under the P&S Act is sufficient to allow the Agency
to review any arrangement, at any time that it appears that it may
result in an unfair practice or advantage. For these reasons, no
changes are being proposed in Sec. 203.18 at this time. The Agency will
continue to evaluate these types of arrangements on a case-by-case
basis.
Four comments suggested modifications to Sec. 203.19. This policy
statement notifies packers that operating as a livestock dealer or
buying agency may, under certain circumstances, result in violations of
the P&S Act. All four comments were from producer associations. Two
comments recommend subsection (c)(1) be modified to require
consultation with the Agency prior to operating as a market agency or
dealer. Another comment suggested the policy statement be broadened to
place the burden of proof on the packer to prove such ownership does
not restrain trade. The fourth comment recommends packers be prohibited
from operating as dealers or buying agencies. The Agency has not
proposed changes in Sec. 203.19 at this time, but will continue to
evaluate each such arrangement on a case-by-case basis. As a practical
matter, most packers consult with the Agency before entering into such
arrangements. Amending this rule to require such consultation does not
appear necessary. Attempting to shift the burden of proof that the
arrangement does not restrain trade would not relieve the Agency of the
responsibility to investigate and make a factual determination.
The proposed changes in Secs. 201.49, 201.55, 201.71, 201.73-1,
201.98, and 201.108-1 do not impose or change any recordkeeping or
information collection requirements. Existing requirements in these
regulations have been previously approved by OMB under Control No.
0590-0001.
As provided by the Regulatory Flexibility Act, it is hereby
certified that these proposed amended rules will not have a significant
economic impact on a substantial number of small entities and a
statement explaining the reasons for the certification is set forth in
the following paragraph and is being provided to the Chief Counsel for
Advocacy of the Small Business Administration.
While these proposed amended rules impact small entities, they will
not have a significant economic impact on any entity, large or small.
The primary effect of the changes in rules Secs. 201.49 and 201.71 is
to require that when livestock is purchased on the basis of carcass
weight the scale used on such purchases be equipped with a printer. The
primary effect of the rule change in Sec. 201.55 is to require that
when poultry is bought, sold, acquired, or settled on a weight basis,
then the actual weight on the scale ticket be used for such purposes,
as is currently required for livestock. The primary effect of the rule
change in Sec. 201.73-1 is to make a technical change in the name of
the Agency pursuant to Pub. L. 103-354, the Federal Crop Insurance
Reform and the Department of Agriculture's Reorganization Act of 1994.
The primary effect of the rule change in Sec. 201.98 is to allow
packers and dealers to charge for services that are mandated by law or
statute. The primary effect of the rule change in Sec. 201.108-1 is to
update the regulation.
This rule has been determined to be not significant for purposes of
executive order 12866 and therefore has not been reviewed by OMB. These
amendments do not impose any new paperwork requirements and do not have
implications of Federalism under the criteria of E.O. 12612.
These proposed amendments have been reviewed under E.O. 12778,
Civil Justice Reform, and are not intended to have retroactive effect.
These amendments will not preempt state or local laws, regulations, or
policies unless they present an irreconcilable conflict with this
amendment. Prior to judicial challenge of the amendment to rule, a
party must first be found by the Secretary to be in violation of the
P&S Act and in violation of the accompanying regulations. Second, the
party must appeal that finding and the validity of the regulation to
the Secretary in the course of the administrative proceeding. Only
after taking these steps, the party may challenge the regulation in a
court of competent jurisdiction.
List of Subjects in 9 CFR Part 201
Reporting and recordkeeping requirements, Stockyards, Trade
practices.
Done at Washington, D.C. this 26th day of May 1995.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
For the reasons set forth in the preamble, the Grain Inspection,
Packers and Stockyards Administration proposes to amend 9 CFR part 201
as follows:
1. The authority citation for part 201 continues to read as
follows:
[[Page 29509]] Authority: 7 U.S.C. 204, 228: 7 CFR 2.17(e),
2.56.
2. Revise Sec. 201.49 to read as follows:
Sec. 201.49 Requirements regarding scale tickets evidencing weighing
of livestock and live poultry.
(a) Livestock. When livestock is weighed for the purpose of
purchase or sale, a scale ticket shall be issued which shall be
serially numbered and used in numerical sequence. Sufficient copies
shall be executed to provide a copy to all parties to the transaction.
In instances where the weight values are automatically recorded
directly on the account of purchase, account of sale or other basic
record, this record may serve in lieu of a scale ticket. When livestock
is purchased on a carcass weight or carcass grade and weight basis, the
hot carcass weights shall be recorded using a scale equipped with a
printing device, and such printed weights shall be retained as part of
the person or firm's business records to substantiate settlement on
each transaction. Scale tickets issued under this section shall show:
(1) The name and location of the agency performing the weighing
service;
(2) The date of the weighing;
(3) The name of the buyer and seller or consignor, or a designation by
which they may be readily identified;
(4) The number of head;
(5) Kind of livestock;
(6) Actual weight of each draft of livestock; and
(7) The name, initials, or number of the person who weighed the
livestock, or if required by State law, the signature of the weigher.
(b) Poultry. When live poultry is weighed for the purpose of
purchase, sale, acquisition, or settlement by a live poultry dealer, a
scale ticket shall be issued which shall show:
(1) The name of the agency performing the weighing service;
(2) The name of the live poultry dealer;
(3) The name and address of the grower, purchaser, or seller;
(4) The name or initials or number of the person who weighed the
poultry, or if required by State law, the signature of the weigher;
(5) The location of the scale;
(6) The gross weight, tare weight, and net weight;
(7) The date and time gross weight and tare weight are determined;
(8) The number of poultry weighed;
(9) The weather conditions;
(10) Whether the driver was on or off the truck at the time of
weighing; and
(11) The license number of the truck or the truck number; provided,
that when live poultry is weighed on a scale other than a vehicle
scale, the scale ticket need not show the information specified in
paragraphs (b)(9)-(11) of this section. Scale tickets issued under this
paragraph shall be at least in duplicate form and shall be serially
numbered and used in numerical sequence. One copy shall be furnished to
the grower, purchaser, or seller, and one copy shall be furnished to or
retained by the live poultry dealer.
(Approved by the Office of Management and Budget under control
number 0590-0001)
3. Revise Sec. 201.55 to read as follows:
Sec. 201.55 Purchases, sales, acquisitions, and settlements to be
made on actual weights.
When livestock or live poultry is bought, sold, acquired, or
settled on a weight basis, settlement therefor shall be on the basis of
the actual weight on the scale ticket. If the actual weight used is not
obtained on the date and at the place of transfer of possession, this
information shall be disclosed with the date and location of the
weighing on the accountings, bills, or statements issued. Any
adjustment to the actual weights shall be fully and accurately
explained on the accountings, bills, or statements issued and records
shall be maintained to support such adjustment.
(Approved by the Office of Management and Budget under control
number 0590-0001)
4. Revise Sec. 201.71 (a) and (b) to read as follows:
Sec. 201.71 Scales, accurate weights, repairs, adjustments or
replacements after inspection.
(a) All scales used by stockyard owners, market agencies, dealers,
packers, and live poultry dealers to weigh livestock, livestock
carcasses, or live poultry for the purpose of purchase, sale,
acquisition, or settlement shall be installed, maintained, and operated
to insure accurate weights. Such scales shall meet applicable
requirements contained in the General Code, Scale Code, and Weights
Code of the 1995 edition of National Institute of Standards and
Technology Handbook 44, ``Specifications, Tolerances and Other
Technical Requirements for Weighing and Measuring Devices,'' which is
hereby incorporated by reference. This incorporation by reference was
approved by the Director of the Federal Register on [insert date of
approval]. These materials are incorporated as they exist on the date
of approval and a notice of any change in these materials will be
published in the Federal Register. This handbook is for sale by the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402. It is also available for inspection at the
Office of the Federal Register Information Center, 800 North Capitol
Street, N.W., Suite 700, Washington, D.C. 20408.
(b) All scales used by stockyard owners, market agencies dealers,
packers, and live poultry dealers to weigh livestock or live poultry
for the purpose of purchase, sale, acquisition or settlement and all
scales used for the purchase, sale, acquisition, or settlement of
livestock on a carcass weight basis shall be equipped with a printing
device which shall be used for recording weight values on a scale
ticket or other document used for this purpose.
* * * * *
5. Revise Sec. 201.73-1 introductory text to read as follows:
Sec. 201.73-1 Instructions for weighing livestock.
Stockyard operators, market agencies, dealers, and packers who
operate scales on which livestock is weighed in purchase or sales
transactions are responsible for the accurate weighing of such
livestock. They shall supply copies of the instructions in this section
to all persons who perform weighing operations for them and direct such
person to familiarize themselves with the instructions and to comply
with them at all times. This section shall also apply to any additional
weighers who are employed at any time. Weighers must acknowledge their
receipt of these instructions and agree to comply with them, by signing
in duplicate, P&SA Form 215 provided by the Packers and Stockyards
Programs. One copy of the form is to be filed with a regional office of
the Packers and Stockyards Programs and the other retained by the
agency employing the weighers.
* * * * *
6. Revise Sec. 201.98 to read as follows:
Sec. 201.98 Packers and dealers not to charge, demand, or collect
commission, yardage, or other services charges.
No packer or dealer shall, in connection with the purchase of
livestock in commerce, charge, demand, or collect from the seller of
the livestock any compensation in the form of commission, yardage, or
other service charge unless the charge is for services mandated by law
or statute and is not inconsistent with the provisions of the Act.
7. Revise Sec. 201.108-1 introductory paragraph and paragraphs, (a)
and (c)-(f) to read as follows: [[Page 29510]]
Sec. 201.108-1 Instructions for weighing live poultry.
Live poultry dealers who operate scales on which live poultry is
weighed for purposes of purchase, sale, acquisition, or settlement are
responsible for the accurate weighing of such poultry. They shall
supply copies of the instructions in this section to all persons who
perform weighing operations for them and direct such persons to
familiarize themselves with the instructions and to comply with them at
all times. This section shall also apply to any additional weighers who
are employed at any time. Weighers must acknowledge their receipt of
these instructions and agree to comply with them by signing in
duplicate, on a form provided by the Packers and Stockyards Programs,
Grain Inspection, Packers and Stockyards Administration. One copy of
this form is to be filed with a regional office of the Packers and
Stockyards Programs, Grain Inspection, Packers and Stockyards
Administration and the other copy retained by the agency employing the
weighers. The following instructions shall be applicable to the
weighing of live poultry on all scales, except that paragraph (c)(1) of
this section is only applicable to the weighing of live poultry on
vehicle scales.
(a) Balancing the empty scale. (1) The scale shall be maintained in
zero balance at all times. The empty scale shall be balanced each day
before weighing begins and thereafter its zero balance shall be
verified before any poultry is weighed. In addition, the zero balance
of the scale shall be verified whenever a weigher resumes weighing
duties after an absence from the scale.
(2) Before balancing the empty scale, the weigher shall notify
parties outside the scale house of his intention and shall assure
himself that no persons or vehicles are in contact with the platform.
When the empty scale is balanced and ready for weighing, he shall so
indicate by appropriate signal.
(3) Weighbeam scales shall be balanced by first seating each poise
securely in its zero notch and then moving the balance ball to such
position that a correct zero balance is obtained. A scale equipped with
a balance indicator is correctly balanced when the indicator comes to
rest in the center of the target area. A scale not equipped with a
balance indicator is correctly balanced if the weighbeam, when released
at the top or bottom of the trig loop, swings freely in the trig loop
in such manner that it will come to rest at the center of the trig
loop.
(4) Dial scales shall be balanced by releasing all drop weights and
operating the balance ball or other balancing device to obtain a
correct zero balance. The indicator must visibly indicate zero on the
dial reading face and the ticket printer must record a correct zero
balance. ``Balance tickets'' shall be filed with other scale tickets
issued on that date.
(5) Electronic digital scales should be properly warmed up before
use. In most cases it is advisable to leave the electric power on
continuously. The zero balance shall be verified by recording the zero
balance on a scale ticket. The main indicating element and the remote
visual weight display shall indicate zero when the balance is verified.
The proper procedure for balancing this type of scale will vary
according to the manufacture. Refer to the operator's manual for
specific instructions.
(6) A balance ball or other balancing device shall be operated only
when balancing the empty scale and shall not be operated at any other
time or for any other purpose.
(7) The time at which the empty scale is balanced or its zero
balance verified shall be marked on scale tickets or other permanent
records.
* * * * *
(c) Weighing the load. (1) Vehicle scales used to weigh live
poultry shall be of sufficient length and capacity to weigh an entire
vehicle as a unit; provided, that a trailer may be uncoupled from a
tractor and weighed as a single unit. Before weighing a vehicle, either
coupled or uncoupled, the weigher shall assure himself that the entire
vehicle is on the scale platform and that no persons are on the scale
platform.
(i) On a weighbeam scale with a balance indicator the weight of a
vehicle shall be determined by moving the poises to such positions that
the indicator will come to rest within the central target area.
(ii) On a weighbeam scale without a balance indicator the weight
shall be determined by moving the poises to such positions that the
weighbeam, when released from the top or bottom of the trig loop, will
swing freely in the trig loop and come to rest at the approximate
center of the trig loop.
(iii) On a dial scale the weight of a vehicle is indicated
automatically when the indicator revolves around the dial face and
comes to rest.
(iv) On an electronic digital scale the weight of a vehicle is
indicated automatically when the weight value indicated is stable.
(2) The correct weight is the value in pounds indicated by a
weighbeam, dial or digital scale when a stable load balance is
obtained. In any case, the weigher should concentrate his attention
upon the beam tip, balance indicator, dial or digital indicator while
weighing and not concern himself with reading the visible weight
indications until a stable load balance is obtained. On electronic
digital scales, the weigher should concentrate on the pulsing or
flickering of weight values to assure that the unit indicates a stable
weight before activating the print button.
(d) Recording the weight. (1) The gross or tare weight shall be
recorded immediately after the load balance is obtained and before any
poises are moved or load removed from the scale platform. The weigher
shall make certain that the printed weight record agrees with the
weight value visibly indicated on the weighbeam, dial or digital
indicator when correct load balance is obtained. The weigher shall also
assure that the printed weight value is sufficiently distinct and
legible.
(2) The weight printing device on a scale shall be operated only to
produce a printed or impressed record of the weight while the load is
on the scale and correctly balanced. If the weight is not printed
clearly and correctly, the ticket shall be marked void and a new one
printed before the load is removed from the scale.
(e) Weigher's responsibilities. (1) The primary responsibility of a
weigher is to determine and record the true weight of live poultry
without prejudice or favor to any person or agency and without regard
for poultry ownership, price, condition, shrink, or other
considerations. A weigher shall not permit the representations or
attitudes of any persons or agencies to influence his judgment or
action in performing his duties.
(2) Scale tickets issued shall be serially numbered and used in
numerical sequence. Sufficient copies shall be executed to provide a
copy to all parties to the transaction. Unused scale tickets or those
which are partially executed shall not be left exposed or accessible to
other parties. All such tickets shall be kept under lock when the
weigher is not at his duty station.
(3) Accurate weighing and weight recording require that a weigher
shall not permit his operations to be hurried to the extent that
inaccurate weights or incorrect weight records may result. The gross,
tare and net weights must be determined accurately to the nearest
minimum graduation. Manual operations connected with balancing,
weighing, and recording shall be performed with the care necessary to
prevent damage to the accurately machined and adjusted parts of
[[Page 29511]] weighbeams, poises, and printing devices. Rough handling
of these parts shall be avoided.
(4) Poultry growers, live poultry dealers, sellers, or others
having legitimate interest in a load of poultry are entitled to observe
the balancing, weighing, and recording procedures. A weigher shall not
deny such persons that right or withhold from them any information
pertaining to the weight. He shall check the zero balance of the scale
or reweigh a load of poultry when requested by such parties or duly
authorized representatives of the Administrator.
(f) General precautions. (1) The poises of weighbeam scales are
carefully adjusted and sealed to a definite weight at the factory and
any change in that weight seriously affects weighing accuracy. A
weigher, therefore, shall observe if poise parts are broken, loose or
lost or if material is added to a poise and shall report any such
condition to his superior or employer. Balancing or weighing shall not
be performed while a scale ticket is in the slot of a weighbeam poise.
(2) Stops are provided on scale weighbeams to prevent movement of
poises back of the zero graduation when balancing or weighing. When the
stops become worn or broken and allow a poise to be set behind the zero
position, this condition must be reported by the weigher to his
superior or employer and corrected without delay.
(3) Motion detection circuits are a part of electronic scales. They
are designed to prevent the printing of weight values if the load has
not stabilized within prescribed limits. The weighmaster's duty is to
print the actual weight of the load within these limits. This requires
printing the actual weight of the load, not one of the other weights
that may be within the motion detection limits.
(4) Foreign objects or loose material in the form of nuts, bolts,
washers, or other material on any part of the weighbeam assembly,
including the counter-balance hanger or counter-balance weights, are
potential sources of weighing error. Loose balancing material must be
enclosed in the shot cup of the counter-balance hanger and counter-
balance weights must not be of the slotted type which can readily be
removed.
(5) Whenever, for any reason, a weigher has reason to believe that
a scale is not functioning properly or not yielding correct weight
values, he shall discontinue weighing, report the facts to the parties
responsible for scale maintenance and request inspection, test or
repair of the scale.
(6) When a scale has been adjusted, modified, or repaired in any
manner which can affect the accuracy of weighing or weight recording,
the weigher shall not use the scale until it has been tested and
inspected and found to be accurate.
[FR Doc. 95-13615 Filed 6-2-95; 8:45 am]
BILLING CODE 3410-KD-P
