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CHAPTER 1-CONSUMER AND MARKETING SERVICE

(Standards, Inspections, Marketing Practices)

DEPARTMENT OF AGRICULTURE

NOTE: The title of Chapter I was changed as set forth above at 30 F.R. 2129, February 17, 1965. For individual documentation of the nomenclature changes in this chapter, see the "List of Sections Affected.”

SUBCHAPTER A COMMODITY STANDARDS AND STANDARD CONTAINER

REGULATIONS Part 26 Grain standards. 27 Cotton classification under cotton futures legislation. 28 Cotton classing, testing, and standards. 29 Tobacco inspection. 30 Tobacco stocks and standards. 31 Wool standards. 33 Export apples and pears. 34 Tobacco Seed and Plant Exportation Act. 35 Export grapes and plums. 41 Standard containers. 42 Standards for condition of food containers. 43 Standards for sampling plans. 44 [Reserved] 45 [Reserved]

SUBCHAPTER A-COMMODITY STANDARDS AND STANDARD

CONTAINER REGULATIONS

PART 26-GRAIN STANDARDS

Sec.

26.6
Subpart A-Regulations
DEFINITIONS

Kinds (scope) of official inspection

26.7 Sec. 26.1 Meaning of words.

26.8 ADMINISTRATION

26.9 26.3 Administrator. GENERAL PROVISIONS FOR ORIGINAL INSPEC

26.10 TIONS, REINSPECTIONS, AND APPEAL INSPECTIONS 26.5 Inspection services.

50-006_-71- 17

services. Inspections under other criteria. Sampling provisions and require

ments. Where and when inspection services

may be obtained. When a request for inspection serv

ices may be withdrawn or dismissed.

Sec. 26.11

26.12

26.13

26.14 26.15

26.16 26.17

26.18 26.19

26.25

26.26

26.27

26.28

26.29

26.30 26.31

Sec. 26.59 Official certificates (general require

ments). 26.60 Grade inspection certificates. 26.61 Divided-original inspection certif

icates. 26.62 Duplicate-original inspection cer

tificates. 26.63 Correcting errors in inspection cer

tificates. 26.64 Additional information which may be

included on certificates or letterbead statements.

FEES AND CHARGES 26.70 Inspections conducted by official in

spection agencies. 26.71 Federal inspection services in Cana

dian ports. 26.72 Appeal inspection services in the

United States. 26.73 Fees and charges; general provisions.

LICENSES, AUTHORIZATIONS, AND CONTRACTS 26.75 When license or authorization is re

quired. 26.76 Who may be licensed or authorized. 26.77 Applications for licensing actions. 26.78 Examinations and reexaminations. 26.79 Issuance and possession of licenses. 26.80 Automatic termination of licenses. 26.81 Voluntary suspension or cancellation

of licenses. 26.82 Automatic suspension of license by

change in employment. 26.83 Cancellation by Administrator. 26.84 Surrender of license. 26.85 Duties of official inspection per

sonnel. 26.86 Standards of conduct for official in

spection personnel. 26.87 Conflicts of interest. 26.88 Other prohibited actions by official

inspection personnel. 26.89 Corrective actions for violations by

official inspection personnel. 26.90 Contracts for the performance of

specified functions,

OFFICIAL INSPECTION AGENCIES 26.95 Designations-general. 26.96 Requirements for designation. 26.97 Application for designation. 26.98 Approval or denial of designation. 26.99 Designated points and areas. 26.100 Duties of official inspection agencies. 26.101 Cancellation, amendment, transfer,

supervision, and revocation of

designation. 26.102 Filing of complaints. PROVISIONS GOVERNING GRAIN MERCHANDISING 26.110 Mandatory inspection-export grain. 26.111 Other inspection requirements. 26.112 Permissive inspection. 26.113 Mandatory grades. 26.114 Use of official grade designations, of

ficial inspection marks and other descriptions of or representations concerning grain.

26.35 26.36

Conditional withholding of inspec

tion service. Method and order of inspection serv

ice. Inspection of grain in railway cars,

trucks, and barges for grade. Inspection of grain in ships. > Inspection and certification of grain

in combined lots. Inspection after appeal. When identity of grain shall be

deemed lost. Place of inspection. Disposition of inspection samples.

ORIGINAL INSPECTIONS Who may request an original inspec

tion. Where and when to request an

original inspection and informa

tion required. When a request for an original in

spection may be withdrawn or dis

missed! Who shall handle original inspection,

and method and order of per

formance. Issuance and distribution of original

inspection certificates. Succeeding original inspections. Original inspections on “set backs” means of conveyance.

REINSPECTIONS Who may request a reinspection. Where and when to request a rein

spection and information required. When a request for a reinspection

may be withdrawn or dismissed. Who shall handle reinspections, and

method and order of performance. Issuance and distribution of reinspection certificate.

APPEAL INSPECTIONS Who may request an appeal in

26.37

26.38

26.39

spection. Where and when to request an appeal

inspection and information re

quired. When a request for an appeal in

spection may be withdrawn or dis

missed. Who shall handle appeal inspections,

and method and order of per

formance. Issuance and distribution of appeal

inspection certificates.
Appeal Inspection by Board of Ap-
peals and Review.

RECORDS
Maintenance and availability of

records.
Detailed work records.
File samples.
Official certificates (issuance and

distribution).

26.45

26.46

26.47

26.48

26.49

26.50

26.55

26.56 26.57 26.58

Sec.

OFFICIAL GRAIN STANDARDS OF THE UNITED 26.115 Limitations on the validity of inspec

STATES FOR CORN tion certificates.

Sec. 26.116 Deceptive loading, handling, sam- 26.351 Terms defined. pling.

26.352 Principles governing the application 26.117 Inspection not to be denied.

of the standards. 26.118 Procedure for withholding or refusal 26.353 Grades, grade requirements, and of official inspection service,

grade designations. GENERAL PROVISIONS

OFFICIAL GRAIN STANDARDS OF THE UNITED

STATES FOR RYE 26.125 Procedure for establishing standards. 26.126 Supervision and enforcement proce

26.401 Terms defined. dures.

26.402 Grades, grade requirements, and 26.127 Informal complaints.

grade designations. 26.128 Demonstrations and standard line

26.403 Dockage. samples.

26.403a Special grade; Plump rye. 26.129 Publications.

26.404 Special grade; Tough rye.

26.406 Special grade; Smutty rye. Subpart B-Standards

26.406 Special grade; Garlicky rye. OFFICIAL GRAIN STANDARDS OF THE UNITED

26.407 Special grade; Weevily rye. STATES FOR BARLEY

26.408 Special grade; Ergoty rye.

26.409 Grade factors; definitions. 26.201 Terms defined.

OFFICIAL GRAIN STANDARDS OF THE UNITED 26.202 Principles governing the application

STATES FOR MIXED GRAIN of the standards. 26.203 Grades, grade requirements, and

26.451 Terms defined. grade designations.

20.452 Principles governing application of OFFICIAL GRAIN STANDARDS OF THE UNITED

standards.

26.453 STATES FOR OATS

Grades, grade requirements, and

grade designations. 26.251 Terms defined.

OFFICIAL GRAIN STANDARDS OF THE UNITED 26.252 Principles governing application of

STATES FOR FLAXSEED standards. 26.253 Grades, grade requirements, and

26.501 Terms defined. grade designations.

26.502 Flaxseed.

26.503 Dockage. OFFICIAL GRAIN STANDARDS OF THE UNITED STATES FOR WHEAT

26.504 Damaged flaxseed.

26.505 Heat-damaged flaxseed. 26.301 Terms defined.

26.506 Stones. 26.302 Wheat.

26.507 Principles governing application of 26.303 Dockage.

standards. 26.304 Foreign material.

26.508 Basis of determinations. 26.305 Other grains.

26.509 Percentages. 26.306 Damaged kernels.

26.510 Moisture. 26.307 Heat-damaged kernels.

26.511 26.308 Contrasting classes.

Test weight per bushel. 26.309 Shrunken and broken kernels.

26.512 Grades. 26.310 0.064x38 oblong hole sieve.

26.513 Grades and grade requirements for 26.311 Stones.

flaxseed. 26.312 Defects.

26.514 Grade designations for ilaxseed. 26.313 Principles governing application of

OFFICIAL GRAIN STANDARDS OF THE UNITED standards.

STATES FOR GRAIN SORGHUM 26.314 Basis of determination. 26.315 Percentages.

26.551 Terms defined. 26.316 Moisture.

26.552 Principles governing application of 26.317 Test weight per bushel.

standards. 26.318 Classes.

26.553 Grades, grade requirements, and 26.319 Hard Red Spring Wheat.

grade designations. 26.320 Durum Wheat. 26.321 Red Durum Wheat.

OFFICIAL GRAIN STANDARDS OF THE UNITED 26.322 Hard Red Winter Wheat.

STATES FOR SOYBEANS 26.323 Soft Red Winter Wheat.

26.601 Terms defined. 26.324 White Wheat.

26.602 Principles governing application of 26.325 Mixed Wheat.

standards. 26.326 Grades.

26.603 Grades, grade requirements, and 26.327 Grades and grade requirements.

grade designations. 26.328 Special grades, special grade require

INTERPRETATIONS
ments, and special grade designa-
tioils.

26.901 Interpretation with respect to the 26.329 Grade designations for wheat.

term “distinctly low quality".

Sec.

duly qualified and designated as such un26.902 Interpretation with respect to the der the regulations. term “purple mottled or stained.”.

(6) Business day. For the purpose of 26.903 Interpretation with respect to the term "bicolored soybeans."

the regulations, the term "business day" 26.904 Interpretation with respect to the

shall not be deemed to include Saturdays, term "yellow kernels of corn with Sundays, or national or locally recognized slight tinge of red."

holidays. 26.905 Interpretation with respect to the (7) Cargo shipment. The term "cargo term “white kernels of corn with

shipment” shall mean grain shipped via a slight tinge of light straw or pink

waterborne carrier and shall include, but color."

not be limited to, grain loaded aboard Subpart A-Regulations

oceangoing ships, barges, and tankers;

lake vessels, river barges, bay boats; and AUTHORITY: The provisions of this subpart

other waterborne carriers. It shall not inA issued under sec. 8, 39 Stat. 485, 7 U.S.C. 84; and sec. 16, 82 Stat. 768, 7 U.S.C. 87e;

clude grain loaded aboard railroad cars, 29 F.R. 16210, as amended; 33 F.R. 10750.

trucks, trailers, and similar land car

riers for shipment aboard a waterborne SOURCE: The provisions of this Subpart A

carrier. appear at 34 F.R. 1860, Feb. 8, 1969, as amend

(8) Circuit. A geographical portion of ed at 35 F.R. 9243, June 13, 1970, unless otherwise noted.

the United States assigned to a field of

fice. (A circuit includes one or more desDEFINITIONS

ignated inspection areas.) § 26.1 Meaning of words.

(9) Container. A railroad car, barge,

truck, or other means of conveyance of (a) Construction of words. Words

grain in bulk, or a bin, other storage used in the singular form in this sub

space, bag, box, or other receptacle for part shall be deemed to import the plu

grain. ral, and vice versa, as the case may be.

(10) Consumer and Marketing Serv(b) Definitions. For the purposes of

ice. The Consumer and Marketing Serythis subpart, unless the context otherwise

ice of the Department of Agriculture. requires, the following terms shall be

(11) Date of inspection. The term construed, respectively, to have the

"date of the inspection” shall be deemed meanings given for them below; and

to mean the day on which an inspection other terms defined in the Act shall be

determination is completed as shown in deemed to have the same meanings

the detailed work records in accordance when used in this subpart.

with § 26.56. Each day shall be deemed (1) The Act. The U.S. Grain Stand

to end at midnight, local time, unless ards Act, as amended August 15, 1968

otherwise approved in specific cases by (Public Law 90–487, 82 Stat. 761, 7 U.S.C.

the Administrator. 71, 74–79,84–87, 87a-87h).

(12) Designated inspection area. A (2) Administrator. The Administra

geographical portion of the United States tor of the Consumer and Marketing

assigned under the regulations to an ofService or any other officer or employee

ficial inspection agency for the conduct of the Department of Agriculture to

of official inspections. (A designated inwhom authority is lawfully delegated to spection area contains one or more desact in his stead.

ignated inspection points.) (3) Appeal inspection. Review inspec- (13) Designated inspection point. A tion service performed by official inspec- city, town, or other location assigned tion personnel employed by the Depart- under the regulations to an oficial inment of Agriculture, or licensed under a spection agency for the conduct of offcontract with the Department of Agri

cial inspections, and within which the culture. This term includes a Board ap

official inspection agency or one or more peal inspection as appropriate. An ap

of its licensed inspectors is located.

(14) Region. A geographical portion peal inspection shall not be consideredi.

of the United States assigned to a rean original insection or a reinspection

gional office. (A region includes two or (4) Applicant. An interested person

more circuits.) who requests an official inspection, and

(15) Regional office. A field office of is assessed the fees and charges, if any, the Grain Division designated by the Adfor the inspection.

ministrator as the headquarters of a (5) Board of Appeals and Review. A region. (When required by the context: board of grain inspection supervisors The regional office in the region in which

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