Subpart E-Forms APPLICATION AND AGREEMENT FOR PERMISSIVE INSPECTION SERVICE § 29.9001 Application and agreement for permissive tobacco inspection service. Application for inspection service on an agreement basis is hereby made under the authority of The Tobacco Inspection Act and the regulations issued pursuant thereto (7 CFR Part 29). Upon approval of this application by the Agricultural Marketing Service, United States Department of Agriculture (hereinafter referred to as "AMS"), C&MS will furnish inspection service in accordance with the terms and conditions hereof, and this document shall constitute an agreement for permissive inspection. Such inspection service is to be performed for the firm herein designated: (Name of firm) (Street address) (City and State) The applicant agrees to pay for the full cost of the inspection service covered hereby to AMS at the time the respective invoices are rendered by AMS. The full costs shall be determined in accordance with the following rates for services as are applicable: A. Determination of fees or charges and payments of costs. 1. Fees or charges for inspection at redrying plants and receiving points shall include travel expense, per diem allowance and salaries: Provided, That charges for verification or confirmation of grades previously assigned at redrying plants and receiving points shall not include a charge for salaries if there has been no change in ownership of the tobacco involved and if inspectors performing such verification or confirmation were not recalled to duty for the purpose of performing such service. 2. Charges for inspection at non-designated auction markets shall include travel expense, per diem allowance and salaries. 8. Fees or charges for hogshead, bale or case inspection shall be the actual total cost including travel expense, per diem allowance and salaries. 4. Fees or charges for sample inspection shall be the actual total cost including travel expense, per diem allowance and salaries. 5. All charges as assessed under paragraphs 1, 2, 3 and 4, shall be increased by 8 percent to cover administrative expenses. 6. It is mutually agreed that AMS will pay all expenses above mentioned from any available appropriation with the agreement and understanding that C&MS shall be reimbursed therefor by the applicant for all expenses so paid by C&MS for conducting the work hereunder. 84-032-73- -37 7. The applicant agrees to reimburse the Consumer and Marketing Service for all expenses incurred in the conduct of the services rendered under this application, not later than 15 days from the date of billing, such payment to be made by check, money order, or draft, payable and mailed to the Agricultural Marketing Service, Washington 25, D.C., for deposit to the appropriation from which the expenses were paid. B. Employment and assignment of inspectors. 1. All inspectors given Federal appointments shall be under the jurisdiction of the AMS as to supervision, salaries, hours of work and duties. All inspectors shall make such reports to the Administrator of the AMS as may be required. 2. AMS will assume, through its local representatives, responsibility for the administrative and technical supervision of the inspection service established, maintained and conducted under this application; such representatives to determine the detailed assignments of inspectors. Assignment of inspectors and licensees shall be at the sole discretion of AMS. 3. AMS will select, train and appoint such inspectors as are necessary to perform the work, with the understanding that it assumes no responsibility beyond its ability to obtain suitable qualified men at salaries determined by the provisions of the Federal Classification Act. 4. AMS shall not be responsible for damages accruing through any acts of commission or omission on the part of any Federal employee or licensee. C. Rules and regulations. 1. It is mutually agreed that all inspection work shall be in accordance with the United States Standards and that certificates issued shall be Federal certificates issued in accordance with the rules and regulations of the Secretary of Agriculture under The Tobacco Inspection Act. 2. The applicant agrees to comply with the terms and conditions of the regulations and such other terms and conditions hereinafter enumerated. 3. All terms used herein shall have the same meaning as when used in the aforesaid Regulations and Instructions. D. Continuation of services and termination. 1. This agreement shall continue in force until June 30, 19--, and as long thereafter as Congress shall provide the necessary authority therefor, subject to annual confirmation by a duly authorized officer of the United States Department of Agriculture; provided, however, that this agreement may be abrogated at any time by mutual consent or by either party hereto by giving written notice to the other party thirty (30) days in advance of and specifying the date of termination. 2. The services to be rendered hereunder shall be terminated by AMS at any time AMS, acting pursuant to any applicable laws, rules, or regulations, debars the applicant from receiving any further benefits of the service, or the services hereunder may be suspended or terminated at any time C&MS concludes that the applicant has not conformed, or cannot conform, hereto. E. Member of Congress provision. 1. No member of or delegate to Congress, or Resident Commissioner after his election or appointment, and either before or after he has qualified and during his continuance in office; and no officer, agent or employee of the Government shall be admitted to any share or part of this agreement or to any benefit to arise thereupon. The provision herein with respect to the interest of members of or delegates to Congress and Resident Commissioners in the agreement shall not be construed to extend to any incorporated company where such contract or agreement is made for the general benefit of such incorporation or company. A byproduct from handling leaf tobacco in both the unstemmed and stemmed forms, consisting of loose and tangled portions of tobacco leaves, floor sweepings, and all other tobacco materials (except stems) which accumulate in auction and storage warehouses, packing and conditioning plants, and stemmeries. Scrap which accumulates from handling unstemmed leaf tobacco is known as leaf-scrap and scrap which accumulates from handling stemmed leaf tobacco is known as stripscrap. The scrap group, covering both leaf-scrap and strip-scrap is designated by the letter "S". § 30.9 Nondescript. Any tobacco of a certain type which can not be placed in other groups of the type, or any nested tobacco, or any muddy or extremely dirty tobacco, or any tobacco containing an unusual quantity of foreign matter, or any crude tobacco, or any tobacco which is damaged to the extent of 20 percent or more, or any tobacco infested with live tobacco beetles or other injurious insects, or any wet tobacco, or any tobacco that contains fat stems or wet butts. The nondescript group is designated by the letter "N." To cure tobacco under natural atmospheric conditions without the use of fire, except for the purpose of preventing pole burn (house burn) in damp weather. § 30.14 Cigar filler. The tobacco that forms the core or inner part of a cigar. Cigar-filler tobacco is tobacco of the kind and quality commonly used for cigar fillers. Cigarfiller types are those which produce chiefly tobacco suitable for cigar-filler purposes. § 30.15 Cigar binder. A portion of a tobacco leaf rolled around the filler of a cigar to bind or hold it together and form the first covering. Cigar-binder tobacco is tobacco of the kind and quality commonly used for cigar binders. Cigar-binder types are those which produce chiefly tobacco suitable for cigar-binder purposes. § 30.16 Cigar wrapper. A portion of a tobacco leaf forming the outer covering of a cigar. Cigar-wrapper tobacco is tobacco of the kind and quality commonly used for cigar wrappers. Cigar-wrapper types are those which produce chiefly tobacco suitable for cigar-wrapper purposes. § 30.17 Damage. The effect of mold, must, rot, black rot, or other fungous or bacterial diseases which attack tobacco in its cured state. Any tobacco having the odor of mold, must, or rot shall be included in damaged tobacco. (Note distinction between "damage" and "injury.") Hurt or impairment from any cause except the fungous or bacterial diseases which attack tobacco in its cured state. Injured tobacco shall include any dead, burnt, or ragged tobacco; or tobacco that has been torn or broken, frozen or frosted, sunburned or scalded, scorched or fire-killed, bulk-burnt or stem-brunt, pole burnt or house burnt, bleached or bruised; or tobacco containing discolored or deformed leaves; or tobacco hurt by insects; or tobacco affected by wild-fire, black fire, rust, frogeye, mosaic, frenching, sanddrown, or other field diseases. Any substance or material extraneous to tobacco leaves, such as dirt, sand, stalks, suckers, straws, and strings. § 30.31 Classification of leaf tobacco. For the purpose of this classification leaf tobacco shall be divided into the following classes: Class 1. Flue-cured types. Class 2. Fire-cured types. Class 3.3 Air-cured types. Class 4. Cigar-filler types. Class 5. Cigar-binder types. Class 6. Cigar-wrapper types. Class 7. Miscellaneous domestic types. Class 8. Foreign-grown cigar-leaf type. Class 9. Foreign-grown types, other than cigar leaf. 2 Class 3 covers Air-cured tobacco other than cigar leaf. This class may be subdivided as follows: Class 3a, Light Air-cured tobacco, including types 31 and 32, and class 3b, Dark Air-cured tobacco, including types 35, 36, and 37. For the purpose of this classification the classes shall be divided into the types and groups set forth in §§ 30.36-30.44. § 30.36 Class 1; flue-cured types and groups. (a) Type 11. That type of fluecured tobacco commonly known as Old Belt Flue-cured, Western District Bright, Middle Belt Flue-cured, or Semiold Belt Flue-cured; and produced principally in the Piedmont sections of Virginia and North Carolina. (b) Type 12. That type of flue-cured tobacco commonly known as Eastern Flue-cured, New Belt of North Carolina Flue-cured, Eastern District Bright, or Eastern Carolina Bright; and produced principally in the coastal plains section of North Carolina, north of the South River. (c) Type 13. That type of flue-cured tobacco commonly known as Southeastern Flue-cured, Southeastern Bright, South Carolina Flue-cured, or New Belt of South Carolina and southeastern North Carolina; and produced principally in the coastal plains section of South Carolina and the southeastern counties of North Carolina south of the South River. (d) Type 14. That type of flue-cured tobacco commonly known as Southern Flue-cured, Southern Bright, Southern District Bright, New Belt of Georgia and Florida, Florida Bright, Alabama Bright, or Georgia Flue-cured; and produced principally in the southern sections of Georgia and to some extent in Florida, Alabama, and Mississippi. Groups applicable to types 11, 12, 13, and 14: A. Wrappers. B. Heavy leaf, cutting leaf, and fillers. X. Lugs and ground leaves. 8. Scrap, as defined. N. Nondescript, as defined. § 30.37 Class 2; fire-cured types and groups. (a) Type 21. That kind of fire-cured tobacco commonly known as Eastern Fire-cured, Virginia Fire-cured, Smoked, or Dark-fired, or Dark Virginia; and produced principally in the Piedmont and mountain sections of Virginia. (b) Type 22. That type of fire-cured tobacco commonly known as Southern Fire-cured, Clarksville, Hopkinsville, and Springfield Fire-cured or Dark-fired, or Kentucky-Tennessee Broadleaf; and produced principally in a section east A. Wrappers. B. Leaf or fillers and tips. C. Lugs or cutters. X. Trash, flyings and spools. S. Scrap, as defined. N. Nondescript, as defined. (b) Type 31-V. Notwithstanding the definitions of "Type" and "Type 31", any tobacco having the general visual characteristics of quality, color, and length of Class 3, Type 31, air-cured tobacco, but which is a low-nicotine strain or variety, produced and to be marketed under such restrictions or controls as shall be specified by the Director of the Tobacco Division, Agricultural Marketing Service, United States Department of Agriculture, and which in its cured state is found by an authorized representative of the Department to have a nicotine content of not more than eighttenths of one per centum (10 of 1%), oven dry weight, shall not be classified as Type 31 but shall be classified and designated upon certification by the Department as Type 31-V. No groups are applicable to Type 31-V. (c) Restrictions and controls relating to the production and marketing of Type 31-V tobacco as a prerequisite to the classification and certification of such tobacco (1) Declaration of seed or seedlings. Tobacco shall be produced from seed or seedlings declared to be a suitable low-nicotine strain or variety for the production of Type 31-V, by an agency or agencies designated by the Director of the Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture. (2) Production under contract. Type 31-V tobacco shall be grown under contract with a dealer in tobacco or a manufacturer of tobacco products. In addition to any other provisions not inconsistent herewith, the contract shall provide that: (1) The dealer or manufacturer shall furnish to the grower seed or seedlings declared therefor as provided in subparagraph (1) of this paragraph; (ii) The grower shall deliver to the dealer or manufacturer all tobacco produced from such seed or seedlings; (iii) The grower shall produce not in excess of the number of acres of lownicotine tobacco specified in the contract; (iv) The grower shall establish clear lines of demarcation between the lownicotine tobacco and any other type of tobacco grown on the farm; and (v) The low-nicotine tobacco shall be housed and handled separately and shall not be commingled with any other type of tobacco: Provided, That this provision shall not prohibit the housing of lownicotine and other types of tobacco in the same curing barn so long as the lownicotine tobacco is clearly identified and is not commingled with any other type of tobacco. (3) Filing of copy of contract. A copy of each contract referred to in subparagraph (2) of this paragraph shall be filed by the dealer or manufacturer with |