effective date of, or suspending the application of, the marketing order or any provision thereof, or any obligation imposed in connection therewith, pending final determination of the proceeding. (b) Contents of the application. The application shall contain a statement of the facts upon which the relief is requested, including any facts showing irreparable injury. The application must be signed and sworn to by the petitioner and any facts alleged therein which are not within his personal knowledge shall be supported by affidavits of a person or persons having personal knowledge of such facts or by proper documentary evidence thereof. (c) Answer to application. Immediately upon receipt of the application, the hearing clerk shall transmit a copy thereof, together with all supporting papers, to the Director, who shall, within 20 days, or such other time fixed by the Secretary, after the filing of the application, file an answer thereto with the hearing clerk. (d) Contents of answer. The answer shall contain a statement of the objections, if any, of the Director to the application for interim relief, and may be supported by affidavits and documentary evidence. mit to the Secretary for his decision all papers filed in connection with the application. (f) Hearing and oral argument. The Secretary may, in his discretion, permit oral argument or the taking of testimony in connection with such application. However, unless written request therefor is filed with the hearing clerk prior to the transmittal of the papers to the Secretary, the parties shall be deemed to have waived oral argument and the taking of testimony. (g) Decision by Secretary. The Secretary may grant or deny the application. Any action taken by the Secretary shall be in the form of an order filed with the hearing clerk and shall contain a brief statement of the reasons for the action taken. The hearing clerk shall cause copies of the order to be served upon the parties. § 132.71 Hearing before Secretary. The Secretary may act in the place and stead of a presiding officer in any proceeding hereunder. When he so acts the hearing clerk shall transmit the record to the Secretary at the expiration of the period provided for the filing of proposed findings of fact, conclusions and orders, and the Secretary shall thereupon, after due consideration of the record, issue his final order in the proceeding: Provided, That he may issue a tentative order in which event the parties shall be afforded an opportunity to file exceptions before the issuance of the final order. 145.31 On-the-farm performance test; egg production. 145.32 On-the-farm performance test; meat production. 145.33 National random sample performance testing program. AUTHORITY: §§ 145.1 to 145.33 issued under sec. 101, 58 Stat. 734, as amended; 7 U. S. C. 429. SOURCE: §§ 145.1 to 145.38 appear at 23 F. R. 10088, Dec. 23, 1958. § 145.1 Definitions. Except where the context otherwise requires, for the purposes of this part the following terms shall be construed, respectively, to mean: (a) Plan. The provisions of the National Poultry Improvement Plan contained in this part. (b) Person. A natural person, firm, or corporation. (c) Department. The United States Department of Agriculture. (d) AH Division. The Animal Husbandry Research Division of the Agricultural Research Service of the Department. (e) State. Any State, the District of Columbia, Alaska, Hawaii, or Puerto Rico. (f) Official State Agency. The State authority recognized by the Department to cooperate in the administration of the Plan. (g) State Inspector. Any person employed or authorized under § 145.11 (b) to perform functions under this part. (h) Authorized Agent. Any person designated under § 145.11 (a) to perform functions under this part. (i) ROP Supervisor. The person employed or authorized to perform functions under § 145.20. (j) ROP Inspector. The person employed or authorized to perform functions under § 145.21. (k) Affiliated flockowner. A flockowner who is participating in the Plan through an agreement with a participating hatchery. (1) Flock-(1) As applied to breeding. All chickens of one kind of mating (breed and variety or combination of stocks) and of one classification on one farm; (2) As applied to disease control. All of the chickens on one farm except that, at the discretion of the Official State Agency, any group of chickens which is segregated from another group and has been so segregated for a period of at least 21 days may be considered as a separate flock. (m) Hatchery. Hatchery equipment on one premises operated or controlled by any person for the production of chicks. (n) Products. Chicken breeding stock and hatching eggs, and chicks. (0) Baby chicks. Chicks Liat have not been fed or watered. (p) USROP or ROP. U. S. Record of Performance. (q) Strain. Chicken breeding stock bearing a given name produced by a breeder through at least five generations of closed flock breeding. § 145.2 Administration. (a) The Department cooperates through a Memorandum of Understanding with Official State Agencies in the administration of the Plan. (b) The Official State Agency shall carry out the administration of the Plan within the State according to the applicable provisions of the Plan and Memorandum of Understanding. An Official State Agency may accept for participation an affiliated flock located in another State under a mutual understanding and agreement between the two Official State Agencies regarding conditions of participation and supervision. (c) The Official State Agency of any State may adopt regulations applicable to the administration of the Plan in such State further defining the provisions of the Plan or establishing higher standards compatible with the Plan. § 145.3 Participation. (a) Any person producing or dealing in poultry products may participate in the Plan when he has (1) demonstrated, to the satisfaction of the Official State Agency, that his facilities, personnel, and practices are adequate for carrying out the applicable provisions of the Plan; and (2) signed an agreement with the Official State Agency to comply with the general and the applicable specific provisions of the Plan and any regulations of the Official State Agency under § 145.2. Affiliated flockowners may participate without signing an agreement with the Official State Agency. (b) Each participant shall comply with the Plan throughout the operating year of the Official State Agency, or until released by such Agency. (c) A participant in any State shall participate with all of his chicken hatching egg supply flocks and hatchery operations within such State. (d) No person shall be compelled by the Official State Agency to qualify products for any of the classifications described in § 145.10 (a), (b), (c), (d) and (e) as a condition of qualification for either of classifications described in § 145.10 (f) and (g). (e) Participation in the Plan shall entitle the participant to use the Plan emblem reproduced below: inspection by the Official State Agency at any time. (c) Advertising must be in accordance with the Plan, and applicable rules and and the Federal Trade Commission. A participant advertising products as being of any official classification may include in his advertising reference to associated or franchised hatcheries only when such hatcheries produce the same kind of products of the same classification. (d) Participants may not buy or receive for any purpose products from non-participants, or sell products of non-participants, except with the permission of the Official State Agency for use in breeding flocks or for experimental purposes. (e) The minimum weight of chicken hatching eggs sold shall be 1 11/12 oz. each for replacement stock and 1 10/12 oz. each for broiler stock, except as (f) Each shipment of products to points outside the continental United States shall be accompanied by a properly executed Form NPIP-15F, Report of Sales of Hatching Eggs, Chicks and Poults (For Shipment Outside the United States). § 145.5 Specific provisions for participating flocks. (a) Poultry houses and the land in the immediate vicinity thereof shall be kept in sanitary condition acceptable to the Official State Agency. (b) All flocks shall consist of healthy, normal individuals characteristic of the breed and variety, cross, or other combination which they are stated to represent. (c) A flock shall be deemed to be a participating flock at any time only if it has been officially blood tested within the past 12 months with no pullorum or typhoid reactors on the last test. (See § 145.14 relating to the official blood test.) (d) Each bird shall be identified with a sealed and numbered band obtained through or approved by the Official State Agency, provided that exception may be made at the discretion of the Official State Agency. § 145.6 Specific provisions for participating hatcheries. (a) Hatcheries, including brooder rooms, shall be kept in sanitary condition, acceptable to the Official State Agency. The minimum requirements with respect to sanitation shall include the following: (1) Incubator walls, floors and trays shall be kept free from broken eggs and egg shells. (2) Tops of incubators and hatchers shall be kept clean (not used for storage). (3) Entire hatchery, including sales room, shall be kept in a neat, orderly condition and free from accumulated dust. (4) Hatchery residue such as egg shells, infertile eggs and dead germs shall be disposed of promptly. (5) Hatchers and hatching trays shall be cleaned and fumigated or disinfected after each hatch. (b) A hatchery which keeps started poultry (poultry that has been fed or watered) must keep such poultry separated from the incubator room in a manner satisfactory to the Official State Agency. (c) All chicks offered for sale under Plan terminology shall be normal and typical of the breed and variety, cross, or other combination represented. (d) Eggs incubated shall be sound in shell, typical for the breed and variety, strain, or cross thereof and reasonably uniform in shape. Mediterranean breed eggs shall be reasonably free from tints. Hatching eggs shall be trayed and the chicks boxed with a view to uniformity of size. a (e) All hatcheries within State which are operated under the ownership or management of the same person or persons or related corporations, or in which the same person or persons have a substantial financial interest as partners or otherwise, shall participate in the Plan if any of them are to participate. All breeding and supply flocks, hatching eggs and chicks of such hatcheries shall meet the same pullorum-typhoid classification. § 145.7 Specific provisions for participating dealers. Dealers in chicken breeding stock or hatching eggs or chicks shall comply with all provisions in this part which apply to their operations. § 145.8 Terminology and classification; general. (a) The official classification terms defined in §§ 145.9 and 145.10 and the various designs illustrative of the official classifications as re produced in § 145.10 may be used only by participants and to describe products that have met all the specific requirements of such classifications. (b) Products produced under the Plan shall lose their identity under Plan terminology when they are purchased for resale by, or consigned to, nonparticipants. (c) Participating flocks and the eggs and chicks produced from them may be designated by their strain or trade name. When a breeder's name or strain designation is used, the participant shall be able by records to substantiate that the products so designated are from flocks that are composed of either (1) birds hatched from eggs produced under the direct supervision of the breeder of such strain; or (2) stock multiplied by persons designated and so reported by the breeder to each Official State Agency concerned. (d) Domesticated waterfowl, game birds and guineas meeting the requirements for participation for any of the classifications specified in § 145.10 may be designated as coming within such classification. § 145.9 Terminoloy and classification; hatcheries and dealers. Participating hatcheries and dealers shall be designated as "National Plan Hatchery" and "National Plan Dealer", respectively. § 145.10 Terminology and classification; flocks and products. Participating flocks, and the eggs and chicks produced from them, which have met the respective requirements specified in this section may be designated by the following terms or illustrative designs: (a) U. S. Record of Performance. Females meeting prescribed standards for performance as individuals or families as provided in § 145.16 or males meeting the requirements in § 145.17. U.S. RECORD OF PERFORMANCE NPIP FIGURE 2. |