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Sec. 26.119 Hard Red Spring Wheat. 26.120 Durum Wheat. 26.121 Red Durum Wheat. 26.122 Hard Red Winter Wheat. 26.123 Soft Red Winter Wheat. 26.124 White Wheat. 26.125 Mixed Wheat. 26.126 Grades. 26.127 Numerical grades and sample grade

and grade requirements. 26.128 Special grades, special grade require

ments, and special grade designa

tions. 26.129 Grade designation for all classes and

subclasses of wheat. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR CORN 26.151 Terms defined. 26.152 Principles governing the application

of the standards. 26.163 Grades, grade requirements, and

grade designations. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR BARLEY 26.201 Terms defined. 26.202 Principles governing the application

of the standards. 26.203 Grades, grade requirements, and

grade designations. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR OATS 26.251 Terms defined. 26.252 Principles governing application of

standards. 26.253 Grades, grade requirements, and

grade designations. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR RYE 26.401 Terms defined. 26.402 Rye; grade requirements. 26.403 Dockage. 26.403a Special grade; Plump rye. 26.404 Special grade; Tough rye. 26.405 Special grade; Smutty rye. 26.406 Special grade; Garlicky rye. 26.407 Special grade; Weevily rye. 26.408 Special grade; Ergoty rye. 26.409 Grade factors; definitions. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR MIXED GRAIN 26.451 Terms defined. 26.452 Principles governing application of

standards. 26.458 Grades, grade requirements, and

grade designations. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR FLAXSEED 26.501 Terms defined. 26.502 Flaxseed. 26.503 Dockage. 26.504 Damaged flaxseed. 26.505 Heat-damaged flaxseed. 26.506 Stones.

Sec. 26.507 Principles governing application of

standards. 26.508 Basis of determinations. 26.509 Percentages. 26.510 Moisture. 26.511 Test weight per bushel. 26.512 Grades. 26.513 Numerical grades and Sample grade

and grade requirements for flax

seed. 26.514 Grade designations for flaxseed. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR GRAIN SORGHUM 26.551 Terms defined. 26.552 Principles governing application of

standards. 26.553 Grades, grade requirements, and

grade designations. OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR SOYBEANS 26.601 Terms defined. 26.602 Principles governing application of

standards. 26.603 Grades, grade requirements, and

grade designations.

INTERPRETATIONS 26.901 Interpretation with respect to the

term “distinctly low quality”. 26.902 Interpretation with respect to the

term “purple mottled or stained.” 26.903 Interpretation with respect to the

term "bicolored soybeans." 26.904 Interpretation with respect to the

term "yellow kernels of corn with

slight tinge of red." 26.905 Interpretation with respect to the

term “white kernels of corn with a slight tinge of light straw or pink

color."

Subpart A-Regulations AUTHORITY: The provisions of this Subpart A issued under sec. 8, 39 Stat. 485; 7 U.S.C. 84.

SOURCE: The provisions of this Subpart A appear at 6 F.R. 4352, Aug. 26, 1941; 7 F.R. 6801, Aug. 29, 1942; 13 F.R. 8727, Dec. 30, 1948; 19 F.R. 57, Jan. 6, 1954, unless otherwise noted.

DEFINITIONS § 26.1 Words in singular form.

Words in this part in the singular form shall be deemed to import the plural form when necessary. § 26.2 Terms defined.

For the purposes of the regulations in this part, unless the context otherwise require, the following terms shall be construed, respectively, to mean:

(a) The act. The United States Grain Standards Act, approved August 11, 1916 (39 Stat. 482; 7 U. S. C. 71-87) as amended.

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(b) Person. Individual, association, istrator for the purpose of the adminispartnership, or corporation.

tration of the act. (c) In interstate or foreign commerce. (p) District headquarters. A field ofFrom any State, Territory, or District to fice of the Grain Division of the Conor through any other State, Territory. sumer and Marketing Service designated or District, or to or through any foreign by the Administrator as the headquarcountry, or within any Territory or ters of a district. District.

(q) Grain supervisor. An officer or (d) Grain. Any grain for which employee of the Department whose duties standards shall have been fixed and include the supervision of the inspection established under the act, including corn and grading of grain and of the certi(maize), wheat, rye, oats, feed oats, fication of grade thereof, and the issumixed feed oats, barley, flaxseed, grain ance of Federal appeal and Federal dissorghums, soybeans, and mixed grain. pute grade certificates in accordance

(e) Grade. Grade according to the with the act and regulations. official grain standards of the United (r) Appeal. An appeal taken by an States.

interested party pursuant to section 6 of (f) Inspection. The procedure fol- the act, from the inspection and gradlowed by a licensed inspector or a Federal ing by a licensed inspector of any grain grain supervisor in determining the which has been sold, offered for sale, or grade of grain.

consigned for sale, or which has been (g) Secretary. The Secretary of Agri

shipped or delivered for shipment, in culture of the United States, or any of

interstate or foreign commerce. ficer or employee of the Department to (s) Dispute. The submission by an whom authority has heretofore been interested party pursuant to section 4 delegated, or to whom authority may of the act, of a dispute as to the grade hereafter be delegated, to act in his of any grain which has been sold, offered stead.

for sale, or consigned for sale by grade, (h) Department. United States De- and shipped without inspection in interpartment of Agriculture.

state or foreign commerce, from a place (i) Administrator. The Administra

at which there is no inspector licensed tor of the Consumer and Marketing Sery

under the act to a place at which there ice of the Department or any officer or

is no such inspector. employee of that service to whom the (t) Established inspection point. A Administrator has heretofore lawfully town, city, port, or other area within delegated, or to whom the Administrator which a licensed inspector is located, has may hereafter lawfully delegate, the au- his license posted and approved, and perthority to act in his stead.

forms inspection service regularly. (j) Consumer and Marketing Service. (u) Designated inspection point. A Consumer and Marketing Service of the town, city, port, or other area designated Department.

by a licensed inspector, other than his

established (k) Regulations. Regulations made

inspection point, within under the act by the Secretary.

which he regularly performs sampling (1) Licensed inspector. Any person

and inspection service at the request of

interested parties. licensed by the Secretary to inspect and grade grain and to certificate the grade

(v) Interested party. A person finanthereof for shipment or delivery for ship

cially interested in a transaction involved ment in interstate or foreign commerce

in an appeal or a dispute.

(W) Appellant. An interested party under the act and regulations.

(m) License. A license issued under taking an appeal under the act, from an the act by the Secretary to any person to

inspection and grading performed by a

licensed inspector. inspect and grade grain and to certificate the grade thereof.

(X) Complainant. An interested party (n) State grain inspector. A person

submitting a dispute as to the grade of duly authorized and employed to inspect grain, pursuant to section 4 of the act. and grade grain under the laws of a State (y) Respondent. An interested party having a State grain inspection depart- in an appeal or a dispute other than the ment established by the laws of such

appellant or the complainant. State.

(6 F. R. 4352, Aug. 26, 1941, as amended at (0) District. A defined portion of the 13 F. R. 8727, Dec. 30, 1948; 19 F. R. 57, Jan. United States designated by the Admin- 6, 1954)

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ADMINISTRATION 8 26.3 Authority.

The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and of this part.

LICENSED INSPECTORS $ 26.4 Form of application.

Applications for licenses shall be made to the Secretary upon forms furnished for the purpose by the Administrator or by any district headquarters office. Each such application shall fully and truly state the information therein required and shall be signed by the applicant. § 26.5 Application of State grain inspec

tors. In case the applicant is a State grain inspector, the application shall contain or be accompanied by satisfactory evidence thereof, and shall otherwise comply with § 26.4. § 26.6 Additional contents of applica

tion. 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

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. А 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

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shall not be removed to any other place unless notice in advance be given by the licensee to the district headquarters of fice 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. 8 26.14 Reporting violations, adultera

tion, 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

ment used by him, inspection services performed by him, and compensation received therefor. § 26.16 Instructions by chief inspectors.

No chief, or supervising inspector, licensed under the act, shall issue to licensed inspectors under his supervision any instructions inconsistent with the act or regulations. Each licensed inspector shall immediately report to the District Headquarters office for the district in which his license is posted, any instructions issued contrary to this section. § 26.17 Discriminatory and

able fees forbidden. Whenever, after citation, the Administrator shall determine that discrimination has been practiced or unreasonable fees demanded by any licensed inspector, he may order their discontinuance. Failure on the part of any licensee to conform to such order shall be regarded as a violation of this section. § 26.18 Inspection and grading consist

of. 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 sub

mitted 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) & 26.25 Reinspections.

No licensed inspector shall issue a certificate of grade which supersedes a previous inspection and grading, 'except on the following conditions:

(a) When the application for reinspection has been filed not later than the close of business on the second business

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