In case the applicant is not a State grain inspector, his application shall contain or be accompanied by (a) satisfactory evidence that he (1) has passed his twenty-first birthday and (2) has had at least 1 year's experience as an inspector of grain of the kind for which a license is sought, or the equivalent of such experience; (b) a schedule of the fees which it is expected will be charged for his services as a licensed inspector; (c) satisfactory assurance that he will have available to him and subject to his direction the necessary equipment and facilities for inspecting and grading grain of the kind for which a license is sought.

§ 26.7 Applicant to be examined for competency.

Each applicant for a license, other than a State grain inspector, whose application complies with the requirements of §§ 26.4 and 26.6 shall, if so required by the Administrator, be examined, for the purpose of determining his competency, at such time and place and in such manner as may be prescribed by the Administrator or by any officer of the Department designated by him for the purpose.

§ 26.8 Issuance of temporary licenses.

In the discretion of the Secretary, in a case of special urgency and upon presentation to him of satisfactory evidence of the competency of the applicant, without compliance with §§ 26.4 to 26.7 inclusive, a temporary license may be issued, valid only for the period therein specified, not exceeding 60 days. A temporary licensee shall be subject to all the provisions of the act and the regulations thereunder.

§ 26.9 License, property of Department.

Each license shall be the property of the Department, but the licensee to whom issued shall, except as provided in § 26.10, have the right to the possession thereof. § 26.10 Return of license.

Whenever any license shall have been superseded, suspended, canceled, or revoked, the same shall be returned to the Secretary through the district headquarters office in the inspector's district. § 26.11 Conditions governing license.

Each license issued shall be on condition that the licensee will, during the term of his license, apply the standards correctly and will comply with all the provisions of the act and the regulations thereunder.

DUTIES OF LICENSED INSPECTORS

§ 26.12 Inspector to post license.

Immediately upon receipt of his license, each licensed inspector shall submit in writing to the Administrator a statement showing (a) the name of the town, city, port or other area, properly identified as to limits and boundaries, within which he will be located and within which he will perform inspection services regularly, (b) address at which his license will be posted, (c) the inspection arrangements at such point, and (d) the inspection equipment and apparatus which will be available to him. If the Administrator, or any officer of the Department designated by him for the purpose, is satisfied that the inspection arrangements and facilities at the disposal of such licensed inspector are adequate and in accordance with the requirements of the act and the regulations in this part, he shall approve such place of posting as an established inspection point. Such license thereafter shall be kept conspicuously posted at such approved place and

shall not be removed to any other place unless notice in advance be given by the licensee to the district headquarters office for the district in which the posting was last approved. Immediately after such notice such inspector shall secure approval of the new place of posting as provided in this section.

§ 26.13 Inspector to give notice of changes.

Each licensed inspector shall immediately, in writing or by telegraph, inform the district headquarters office in his district of any change in the point or points where he performs service as a licensed inspector, or in the nature of his duties or of his employment, or of any suspension of his activities for such length of time as to impair the inspection facilities at any point, and except in case of a State grain inspector, of any change in the schedule of fees for services performed by him as a licensed inspector.

§ 26.14 Reporting violations, adulteration, irregularly loaded cars, etc.

Each licensed inspector shall immediately report to the district headquarters office of his district evidence coming to his knowledge tending to show:

(a) That any provision of the act or regulations has been violated;

(b) That any grain, inspected and graded, or to be inspected and graded, under the act or regulations has been irregularly loaded, or so loaded as to conceal evidently inferior grain, or has been improperly inspected and graded by any licensed inspector; or

(c) That any grain has been or is to be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act of June 25, 1938 (52 Stat. 1040; 21 U. S. C. 301-392), as amended, by the addition of water, dirt, screenings, or other material, whether the grade be changed or not. § 26.15

Instructions by Federal grain

supervisor.

Each licensed inspector shall execute diligently all instructions for carrying out the act and the regulations, issued to him, directly or indirectly, by the grain supervisor in charge of the district wherein his license is posted, or by any officer of the Department engaged in administering the act and regulations, and, upon request, shall advise such grain supervisor in full detail of any facts regarding inspection and grading equip

Inspection and grading of a lot or parcel of grain tendered for inspection and grading under the act shall consist of taking and examining a representative sample thereof and making such tests as are necessary to determine its grade. For each inspection and grading, a certificate of grade shall be issued, and failure on the part of a licensed inspector to issue such certificate of grade will be regarded as a violation of this section. § 26.19 Inspection and grading, when required.

Each licensed inspector whose license remains in effect shall, without discrimination, as soon as practicable, and upon reasonable terms, inspect, grade, and issue a certificate of grade for each inspection of any grain of the kind mentioned in his license the inspection and grading of which are required under the act, provided such grain be offered and made accessible during customary business hours at the point where he performs service as a licensed inspector, and under conditions which permit the taking of a representative sample and the proper determination of the grade of the grain.

§ 26.20 Inspector may inspect grain, when.

Each licensed inspector may, at any time upon request of any interested

party, inspect, grade, and certificate the grade of grain for which he holds a license, at any point, if the conditions permit the taking of a representative sample and the proper determination of the grade of the grain, provided that no licensed inspector shall perform inspection service at any regularly established inspection point other than the market in which his license is posted without notifying and securing in advance the approval of the grain supervisor in charge of the district headquarters office in which the grain is to be inspected. Whenever a licensed inspector shall designate a point for inspection, in addition to his established inspection point, he shall in advance furnish such information regarding sampling, inspection equipment, and inspection arrangements, as may be required by the grain supervisor in charge of his district and shall secure approval thereof by the Administrator or by such officer of the Department as may be designated by the Administrator for the purpose. Thereafter no other licensed inspector shall perform inspection and grading service at such designated point for inspection without securing in advance the approval of the grain supervisor. This section shall not be construed to prevent a State grain inspection department from transferring its employees to established inspection points where their services may be required within such State. § 26.21 Inspection and grading to be based on representative sample.

No licensed inspector shall issue a certificate of grade for any grain unless the inspection and grading thereof be based upon a correct and representative sample of the grain and be made under conditions which permit the determination of its true grade, except as provided in §§ 26.22 and 26 34. Each licensed inspector shall take proper precautions to insure that no sample be exposed to manipulation which would deprive it of its representative character from the time of its collection until the grade be determined. No sample shall be deemed to be representative unless of the size, and procured in accordance with the methods, prescribed in instructions issued by the Administrator or by such officer of the Department as may be designated by him for the purpose, which are in effect at the time of the inspection and grading.

§ 26.22 Inspection and grading of submitted samples.

Any licensed inspector may inspect and grade a submitted sample or package of grain, provided that the certificate issued in such case clearly shows that the inspection and grading covers only the submitted sample or package as required by § 26.29.

§ 26.23 Inspector not to be interested in grain.

No licensed inspector shall be interested, financially or otherwise, directly or indirectly, in any grain elevator or warehouse, or in the merchandising of grain, including the binning, mixing, blending, drying or other preparation of grain for purposes of warehousing, storage, shipment, or otherwise, nor shall he be in the employment of any person or corporation owning or operating a grain elevator or warehouse, nor shall he issue a certificate of grade for any grain in which he is directly or indirectly financially interested.

[20 F. R. 8417, Nov. 10, 1955]

§ 26.24 Qualifications of sampler.

No licensed inspector shall issue a certificate of grade for a lot or parcel of grain based upon a sample thereof drawn by a sampler who is not employed by him or his inspection department, or who is not an employee of the U.S. Department of Agriculture approved for the purpose by a grain supervisor, or who is interested, financially or otherwise, directly or indirectly, in the grain involved or in any grain elevator or warehouse or in the merchandising of grain, including the binning, mixing, blending, drying, or other preparation of grain for purposes of warehousing, storage, shipment, or otherwise, or who is in the employment of any person or corporation owning or operating a grain elevator or warehouse, or who the licensed inspector knows or has reason to believe is incompetent. [20 F. R. 8417. Nov. 10, 1955]

day following the date of the inspection to be superseded;

(b) Before the identity of the grain has been lost and before the grain has left the place where the inspection to be superseded was performed;

(c) When the superseding inspection and grading are based on a representative sample;

(d) When the superseding inspection and grading are performed as promptly as possible after the application for reinspection has been filed; and

(e) When to the inspector's knowledge no Federal appeal has been taken from the inspection and grading which are to be superseded.

§ 26.26 Reinspection certificates.

Whenever any licensed inspector shall issue a certificate of grade as the result of a reinspection, such reinspection certificate shall bear a conspicuous notation on the face thereof indicating the fact of such reinspection and shall clearly identify the certificate which it supersedes. § 26.27 Inspection not to be made,

when.

No inspection shall be made of any grain which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other enclosure into which the grain is to be loaded is in such condition as to contaminate the grain or lower the grade.

§ 26.28 Form of certificate to be approved.

No certificate of grade shall be issued under the act until its form has been approved by the Administrator, or by such officer of the Department as may be designated by him for the purpose. § 26.29

Certificates, form of.

Each certificate of grade issued under the act by a licensed inspector shall, except as permitted in § 26.28, embody within its written or printed terms:

(a) The caption Grain Inspection Certificate;

(b) A statement showing whether it is an original or a duplicate, or other copy;

(c) A statement showing whether the inspection represents an in, out, export, cargo, submitted sample, reinspection, "in" heavily loaded car, local elevator bin, or otherwise, as the case may require.

For "in" inspections of grain arriving at any inspection point in railway cars, except in the case of a heavily loaded car as provided in § 26.34, the certificate shall have stamped or printed upon either the face or the reverse side thereof substantially the following:

This certificate is valid for "in" inspection, but not for "out" inspection, except when shipment is made in the same car not later than close of second business day after date hereof and without removal of grain or any change of its identity.

If printed or stamped on the reverse side, the words "See reverse side" shall be conspicuously stamped or printed on the face of the certificate;

(d) The name of the State, board of trade, chamber of commerce, exchange, or other organization, if any, by which the licensed inspector is regularly authorized or employed to inspect and grade grain;

(e) The name of the established inspection point at which the licensed inspector performs inspection service regularly;

(f) The consecutive number, or other means of identification, of the certificate; (g) The date the inspection was performed;

(h) The statement that the certificate is issued by an inspector holding a license, under the United States Grain Standards Act, to inspect and grade the kind of grain covered by the certificate;

(i) The location of the grain at the time of sampling, and its identification by (1) car initials, car number, and name of carrier or other owner or operator of track, or (2) name or other designation of boat or vessel and hold number or other place of stowage, or (3) name or other designation of elevator or warehouse and of bin or compartment, or (4) otherwise as the case may require;

(j) A statement of the approximate quantity of grain covered by the certificate stated either in carloads, or in bushels, or by weight;

(k) The kind of grain covered by the certificate;

(1) The grade of the grain, as determined by such licensed inspector, according to the official grain standards of the United States;

(m) The following factor information: (1) The factor information for the test weight per bushel, whether or not such factor determines the grade of the

grain. The test weight per bushel shall be stated in terms of whole pounds and tenths of a pound for wheat and rye; in terms of whole pounds and half pounds for corn, barley (other than Western barley), oats, grain sorghum, flaxseed, soybeans, and mixed grain; and in terms of whole pounds for Western barley. When the test weight per bushel is stated in terms of whole pounds and half pounds, a fraction of a pound when equal to or greater than one-half shall be stated as one-half, and when less than one-half shall be disregarded. When the test weight per bushel is stated in terms of whole pounds, a fraction of a pound shall be disregarded.

(2) The factor information for the moisture content of the grain whenever the grain is graded "Tough" or whenever the moisture factor determines the grade of the grain: Provided, That each certificate of grade issued for an export cargo shipment shall contain the factor information for the moisture content regardless of the grade of the grain. The moisture content shall be stated in terms of whole percent and tenths of a percent.

(3) In case of a certificate of grade for an export cargo shipment of grain, the factor information for each of the following factors in the official grain standards of the United States for the grain, in addition to the factor information required by subparagraphs (1) and (2) of this paragraph.

WHEAT (HARD RED SPRING, HARD RED WINTER, SOFT RED WINTER, WHITE, AND DURUM) Heat-damaged kernels

Damaged kernels (total)

Foreign material

Shrunken and broken kernels

Defects (total)

Contrasting classes

Wheat of other classes (total)

WHEAT (RED DURUM)

Heat-damaged kernels

Damaged kernels (total)

Foreign material

Shrunken and broken kernels

Defects (total)

Wheat of other classes (total)

WHEAT (MIXED)

Heat-damaged kernels

Damaged kernels (total)

Foreign material

Shrunken and broken kernels

Defects (total)

CORN

Broken corn and foreign material Damaged kernels

Heat-damaged kernels

Damaged kernels

Heat-damaged kernels

Foreign material