21 CFR 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
| 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 | 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 |
(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.