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

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