Sec. 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; and sec. 16, 82 Stat. 768, 7 U.S.C. 87e; 29 F.R. 16210, as amended; 33 F.R. 10750.

SOURCE: The provisions of this Subpart A appear at 34 F.R. 1860, Feb. 8, 1969, as amended at 35 F.R. 9243, June 13, 1970, unless otherwise noted.

DEFINITIONS

§ 26.1 Meaning of words.

(a) Construction of words. Words used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may be.

(b) Definitions. For the purposes of this subpart, unless the context otherwise requires, the following terms shall be construed, respectively, to have the meanings given for them below; and other terms defined in the Act shall be deemed to have the same meanings when used in this subpart.

(1) The Act. The U.S. Grain Standards Act, as amended August 15, 1968 (Public Law 90-487, 82 Stat. 761, 7 U.S.C. 71, 74-79,84-87, 87a-87h).

(2) Administrator. The Administrator of the Consumer and Marketing Service or any other officer or employee of the Department of Agriculture to whom authority is lawfully delegated to act in his stead.

(3) Appeal inspection. Review inspection service performed by official inspection personnel employed by the Department of Agriculture, or licensed under a contract with the Department of Agriculture. This term includes a Board appeal inspection as appropriate. An appeal inspection shall not be considered an original insection or a reinspection

(4) Applicant. An interested person who requests an official inspection, and is assessed the fees and charges, if any, for the inspection.

(5) Board of Appeals and Review. A board of grain inspection supervisors

duly qualified and designated as such under the regulations.

(6) Business day. For the purpose of the regulations, the term "business day" shall not be deemed to include Saturdays, Sundays, or national or locally recognized holidays.

(7) Cargo shipment. The term "cargo shipment" shall mean grain shipped via waterborne carrier and shall include, but not be limited to, grain loaded aboard oceangoing ships, barges, and tankers; lake vessels, river barges, bay boats; and other waterborne carriers. It shall not include grain loaded aboard railroad cars, trucks, trailers, and similar land carriers for shipment aboard a waterborne carrier.

(8) Circuit. A geographical portion of the United States assigned to a field office. (A circuit includes one or more designated inspection areas.)

(9) Container. A railroad car, barge, truck, or other means of conveyance of grain in bulk, or a bin, other storage space, bag, box, or other receptacle for grain.

(10) Consumer and Marketing Service. The Consumer and Marketing Service of the Department of Agriculture.

(11) Date of inspection. The term "date of the inspection" shall be deemed to mean the day on which an inspection determination is completed as shown in the detailed work records in accordance with § 26.56. Each day shall be deemed to end at midnight, local time, unless otherwise approved in specific cases by the Administrator.

(12) Designated inspection area. A geographical portion of the United States assigned under the regulations to an official inspection agency for the conduct of official inspections. (A designated inspection area contains one or more designated inspection points.)

(13) Designated inspection point. A city, town, or other location assigned under the regulations to an official inspection agency for the conduct of official inspections, and within which the official inspection agency or one or more of its licensed inspectors is located.

(14) Region. A geographical portion of the United States assigned to a regional office. (A region includes two or more circuits.)

(15) Regional office. A field office of the Grain Division designated by the Administrator as the headquarters of a region. (When required by the context: The regional office in the region in which

the field office, or the official inspection agency, or the official inspection personnel, or the grain is located, or in which the grain was inspected.)

(16) Federal Register. The official U.S. Government publication issued under the Act of July 26, 1935, as amended (44 U.S.C. 301 et seq.).

(17) Field office. A field office of the Grain Division designated by the Administrator as the headquarters of a circuit. (When required by the context: The field office in the circuit in which the official inspection agency, or the official inspection personnel, or the grain is located or in which the grain was inspected.)

(18) Grain Division. The Grain Division of the Consumer and Marketing Service.

(19) Instructions. The Grain Inspection Manual and other instructions issued by the Administrator to official inspection personnel. (Copies of such instructions are available upon request to the Administrator, C&MS, U.S. Department of Agriculture, Washington, D.C. 20250.)

(20) Materially in error. A difference in inspection results which is greater than would be expected on the basis of statistically sound principles.

(21) Offgrade. In lot inspections, a grade different than the grade of the grain in the major portion of the lot.

(22) Official certificate. Any form of official certification prescribed or approved by the Administrator under the regulations to show the results of an official inspection.

(23) Official factors. Grade factors specified in the official grain standards.

(24) Official grade. The grade of grain as determined by official inspection personnel under the official grain standards.

(25) Official grain inspector. Any person employed by an official inspection agency and licensed under the Act and regulations to perform official inspections within the United States, or any person employed by the Department of Agriculture and authorized under the Act and the regulations to perform official inspections within the United States or official inspections of U.S. grain in Canadian ports, and to certify to any interested person the official grade and other determinations of an official inspection.

(26) Official grain sampler. Any person licensed under the Act and regulations, or any employee of the Depart

ment of Agriculture who is authorized under the Act and regulations, to perform specified official sampling functions including but not limited to sampling, examining grain for condition, and checkweighing or checkloading sacks of grain, and to perform laboratory duties and related services, as specified in the license or authorization.

(27) Official grain standards. The U.S. standards for grain prescribed under the Act and set forth in Subpart B of this chapter.

(28) Official grain technician. Any person licensed under the Act and regulations, or any employee of the Department of Agriculture who is authorized under the Act and regulations, to perform specified official laboratory functions including but not limited to chemical analyses, mechanical tests or physical separations, and to perform sampling duties and related services, as specified in the license or authorization.

(29) Official inspection certificate. Any form of official certificate prescribed in the regulations to show the results of any official sample inspection under the regulations.

(30) Official inspection function. The term "official inspection function" means sampling, inspecting, examining, testing, grading, or any other procedure required in making any determination of the kind, class, grade, quality, or condition of grain under the official grain standards, or making any determination of the quantity of sacks of grain, or other facts relating to grain under other criteria approved by the Administrator, or certifying the results of such actions. It does not include activities described in § 26.75 (b).

(31) Original inspection. Initial inspection service performed in the United States by official inspection personnel employed by official inspection agencies and licensed by the Department of Agriculture, or licensed under a contract with the Department of Agriculture; and initial inspection service performed in Canadian ports by official inspection personnel employed by the Department of Agriculture or licensed under a contract with the Department of Agriculture. An original inspection shall not be considered a reinspection or an appeal inspection.

(32) Other criteria. Any description of grain by kind, class, quality, condition, or other factors, or tests, approved by the Administrator under the Act, other than