9 CFR § 391.4 - Laboratory services rate.

---
identifier: "/us/cfr/t9/s391.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "9 CFR § 391.4 - Laboratory services rate."
title_number: 9
title_name: "Animals and Animal Products"
section_number: "391.4"
section_name: "Laboratory services rate."
chapter_name: "FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE"
subchapter_number: "D"
subchapter_name: "FOOD SAFETY AND INSPECTION SERVICE ADMINISTRATIVE PROVISIONS"
part_number: "391"
part_name: "FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY ACCREDITATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 138f; 7 U.S.C. 1622, 1627 and 2219a; 21 U.S.C. 451  21 U.S.C. 601-695; 7 CFR 2.18 and 2.53."
cfr_part: "391"
---


# 391.4 Laboratory services rate.

(a) For each calendar year, FSIS will calculate the laboratory services rate, per hour per program employee, provided pursuant to §§ 350.7, 351.9, 352.5, 354.101, 355.12, and 362.5 of this chapter, using the following formula: The quotient of dividing the Office of Public Health Science (OPHS) previous fiscal year's regular direct pay by OPHS previous fiscal year's regular hours, plus the quotient multiplied by the calendar year's percentage cost of living increase, plus the benefits rate, plus the travel and operating rate, plus the overhead rate, plus the allowance for bad debt rate.

(b) FSIS will calculate the benefits rate, the travel and operating rate, the overhead rate, and the allowance for bad debt rate using the formulas set forth in § 391.2(b), and the cost of living increases and percentage of inflation factors set forth in § 391.2(c).

[76 FR 20228, Apr. 12, 2011]