Title 21
SECTION 1005.24
1005.24 Costs of bringing product into compliance.
§ 1005.24 Costs of bringing product into compliance.The costs of supervising the operations necessary to bring a product into compliance with the Act shall be paid by the owner or consignee who files an application pursuant to § 1005.21 and executes a bond under section 360(b) of the Act. Such costs shall include:
(a) Travel expenses of the supervising officer;
(b) Per diem in lieu of subsistence of the supervising officer when away from his or her home station, as provided by law;
(c)(1) The charge for the services of the supervising officer, which shall include administrative support, shall be computed at a rate per hour equal to 267 percent of the hourly rate of regular pay of a grade GS-11/4 employee, except that such services performed by a customs officer and subject to the provisions of the act of February 13, 1911, as amended (section 5, 36 Stat. 901, as amended (19 U.S.C. 267)), shall be calculated as provided in that act.
(2) The charge for the services of the analyst, which shall include administrative and laboratory support, shall be computed at a rate per hour equal to 267 percent of the hourly rate of regular pay of a grade GS-12/4 employee.
(3) The rate per hour equal to 267 percent of the equivalent hourly rate of regular pay of the supervising officer (GS-11/4) and the analyst (GS-12/4) is computed as follows:
Table 1 to Paragraph (c)(3)
| Hours | |
|---|---|
| Gross number of working hours in 52 40-hour weeks | 2,080 |
| Less: | |
| 10 legal public holidays - New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day | 80 |
| Annual Leave - 26 days | 208 |
| Sick Leave - 13 days | 104 |
| Total | 392 |
| Net number of working hours | 1,688 |
| Gross number of working hours in 52 40-hour weeks | 2,080 |
| Working hour equivalent of Government contributions for employee retirement, life insurance, and health benefits computed at 8 1/2% of annual rate of pay of employee | 176 |
| Equivalent annual working hours | 2,256 |
| Support required to equal to 1 person-year | 2,256 |
| Equivalent gross annual working hours charged to Food and Drug appropriation | 4,512 |
Note: Ratio of equivalent gross annual number of working hours charged to Food and Drug appropriation to net number of annual working hours (4,512/1,688) = 267 pct.
(d) The minimum charge for services of supervising officers shall be not less than the charge for 1 hour and time after the first hour shall be computed in multiples of 1 hour, disregarding fractional parts less than one-half hour.
[38 FR 28630, Oct. 15, 1973, as amended at 42 FR 55207, Oct. 14, 1977; 42 FR 62130, Dec. 9, 1977; 85 FR 50783, Aug. 18, 2020]