21 C.F.R. § 1.99

Current through September 30, 2024

Section 1.99 - Costs chargeable in connection with relabeling and reconditioning inadmissible imports

The cost of supervising the relabeling or other action in connection with an import of food, drugs, devices, or cosmetics which fails to comply with the Federal Food, Drug, and Cosmetic Act shall be paid by the owner or consignee who files an application requesting such action and executes a bond, pursuant to section 801(b) of the act, as amended. The cost of such supervision shall include, but not be restricted to, the following:

(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) 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 (sec. 5, 36 Stat. 901, as amended (19 U.S.C. 267 )), shall be calculated as provided in that act.

(d) The charge for the service 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. 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 (d)

Hours
Gross number of working hours in 52 40-hr 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 d	208
Sick leave-13 d	104
Total	392
Net number of working hours	1,688
Gross number of working hours in 52 40-hr weeks	2,080
Working hour equivalent of Government contributions for employee retirement, life insurance, and health benefits computed at 81/2 pct. 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.

(e) The minimum charge for services of supervising officers and of analysts 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 ¹/₂ hour.

21 C.F.R. §1.99

42 FR 15553, Mar. 22, 1977, as amended at 85 FR 50782, Aug. 18, 2020