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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 amend (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 oficial 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

inspection Its which is greater than would be expected on the basis of statistically sound principles.

(21) Oftgrade. 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) Oficial 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 cri. teria 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

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factors or tests identified in the official grain standards, and available for use by the grain industry.

(33) Quantity of sacks of grain. The amount of grain in one or more sacks.

(34) Regulations. The regulations under the Act in this part.

(35) Reinspection. Review 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 review 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. A reinspection shall not be considered an original inspection

appeal inspection.

(36) Respondent. An interested person other than the applicant.

(37) Sampling. The act of obtaining samples of grain from a lot or lots of grain.

(38) Statistical tolerance. An allowance in inspection results which is based on statistically sound principles.

(39) U.S. Grain. Grain shipped from the United States and located in a Canadian port.

ADMINISTRATION § 26.3

Administrator. The administrator is responsible for the general direction and supervision of the program under the Act and is authorized to take any action required by law or deemed by him to be necessary and proper to the discharge of the functions vested in the Secretary of Agriculture under the Act; including authority to delegate his authority to appropriate officers and employees; excluding specified functions reserved to other officials in the Department. The Administrator may in specific classes of cases waive for limited periods any provision of the regulations in order to permit appropriate and necessary action in the event of a national emergency or to permit experimentation so that new procedures, equipment, and handling techniques may be tested to facilitate definite improvements: Provided, That such waivers of the provisions of the regulations are not in conflict with the purposes or provisions of the Act. Provision for such waivers will be published in the regulations. The functions of the Administrator as

described in the regulations will be performed in such manner as to effectuate the purposes of the Act by him or his delegate. GENERAL PROVISIONS FOR ORIGINAL IN

SPECTIONS, REINSPECTIONS, AND APPEAL

INSPECTIONS § 26.5 Inspection services.

(a) General. The regulations in this part provide for a national inspection system for grain. The purpose of the system is to promote the uniform and accurate application of the official grain standards and to provide such inspection services as may be required by the Act or desired by the grain industry, with the objective that grain in the United States may be marketed in an orderly manner and that trading in grain may be facilitated. The types and kinds of inspection services described in $8 26.6, 26.25–26.31, 26.35–26.39, and 26.45–26.50 shall, insofar as practicable, be available under the Act and the regulations at all designated inspection points in the United States, and on U.S. grain in Canadian ports.

(b) Unauthorized inspections. The following inspection services, except as noted, are not authorized and cannot be performed under the Act: (1) The inspection of processed grain products and any agricultural commodity not covered by the official grain standards; (2) the inspection of grain on the basis of unoficial standards or other criteria not approved by the Administrator; or (3) the testing of grain screenings: Provided, That if a sample of screenings appears to consist of at least 50 percent of grain for which standards have been established, and not more than 50 percent of other material, the sample may be examined to determine whether the grain does, in fact, conform to the requirements established in the official standards for the grain, and for each such screenings inspection, an official certificate shall be issued: Provided, That if the grain does not conform to the requirements in the official standards, the certificate shall show the statement "Not Standardized Grain" and the reason or reasons the grain does not conform to the standards.

(c) Inspections under other authorities. The inspection services described in paragraph (b) of this section may, upon request, be performed by official inspection personnel if authorized to perform

them under other laws: Provided, That (2) If the grain is inspected for oficial the performance of these services does grade or official factors, or a combination not result in conflicts of interests on the thereof, the inspection shall be made in part of the official inspection personnel, accordance with the official grain standor preclude the official inspection person- ards. If the grain is inspected under other nel from performing inspection services criteria, including appearance criteria, requested by applicants under the Act the inspection shall be made in accordand the regulations, or discredit the ance with methods or procedures preofficial inspection service.

scribed in the instructions or approved § 26.6 Kinds (scope) of official inspec

in specific cases by the Administrator.

(3) If the inspection request is for an tion services.

inspection for general appearance, ofi(a) General. The kinds of official in

cial grade, and official factors, with or spection services available under the Act

without other criteria, the certificate and the basis for performing each service shall show in addition to the official grade are those shown in paragraphs (b) and other results of the inspections, the through (k) of this section.

following information: "The appearance (b) Official sample-lot inspection. of the grain in the above-identified lot (1) This inspection shall consist of (1) is considered (better than) (equal to) the official sampling of an identified lot (inferior to) the appearance of the grain of grain by oficial inspection personnel

in the type sample identified as (other than a licensed employee of a The results of the inspection of the grain elevator or warehouse); (ii) the

grain in the lot, as shown above, are conInspection of the grain in the sample by

sidered within the expected variation of official inspection personnel for official the results of the inspection of the grain grade, or oficial factors, or under other

in the type sample, except as follows: criteria, or any combination thereof, in

Lot results which are better: accordance with the regulations and the Lot results which are inferior request for inspection; and (iii) issuance

(4) If the inspection request is for a by oficial inspection personnel of an less comprehensive kind (scope) of inoficial inspection certificate in accord

spection, the statement shall be modified ance with $ $ 26.58 and 26.59.

accordingly. The certificate shall show (2) If the grain is inspected for official such other statements of fact as may grade or official factors, the inspection be prescribed in the instructions or shall be made in accordance with the

approved in specific

by the oficial grain standards. If the grain is

Administrator. inspected under other criteria, the inspec

(d) Warehouseman's sample-lot intion shall be made in accordance with

spection. (1) This inspection shall consist the methods or procedures prescribed in of (1) the oficial sampling of an identithe instructions or approved in specific fied lot of grain by a licensed employee cases by the Administrator.

of a grain elevator or warehouse; (11) the (c) Type sample-lot inspection. (1)

submitting of the sample and a completed This inspection shall consist of (i) the

sampling report on a form approved by submitting of a clearly identified type

the Administrator, by or for the applisample of grain by or for an applicant to cant to any official inspection agency; the oficial inspection agency or to the (ii) the inspection of the grain in the field ofice; (ii) the forwarding, by the

sample by official inspection personnel oficial inspection agency or the field

for oficial grade or official factors, or office, of a representative portion of the

under other criteria, or any combination type sample to a person identified by the

thereof, in accordance with the regulaapplicant as a prospective buyer; (iii)

tions and the request for inspection; and the official sampling, upon request of the (iv) issuance by official inspection perapplicant, of an identified lot of grain by

sonnel of an official inspection certificate oficial inspection personnel (other than

in accordance with $ $ 26.58 and 26.59 a licensed employee of a grain elevator and subparagraph (3) of this paragraph. or warehouse); (iv) the comparison of (2) If the grain is inspected for official the type sample with the official sample; grade or official factors, the inspection and (v) the issuance by official inspection shall be made in accordance with the ofpersonnel of an official inspection certif- ficial grain standards. If the grain is inicate in accordance with $8 26.58 and spected under other criteria, the in26.59 and subparagraph (3) of this spection shall be made in accordance paragraph (c).

with the methods and procedures pre

cases

scribed in the instructions or approved in specific cases by the Administrator.

(3) Each certificate for a warehouseman's sample lot inspection shall show the name of the licensed employee and the number of the contract entered into by the licensed employee under § 26.90.

(e) Submitted sample inspection. (1) This inspection shall consist of (i) the submitting of a clearly identified sample of grain by or for an applicant to any official inspection agency; (ii) the inspection of the grain in the sample by official inspection personnel for official grade, or official factors, or under other criteria, or any combination thereof, in accordance with the regulations and the request for inspection; and (iii) issuance by official inspection personnel of an official certificate in accordance with $ $ 26.58 and 26.59 and subparagraph (5) of this paragraph.

(2) Each submitted sample may be accompanied or supported by a completed application for inspection. (Instructions and application forms for use in obtaining submitted sample inspections may be obtained from official inspection agencies.)

(3) Each submitted sample should be of sufficient size to enable performance of the service requested. If the sample is not of sufficient size as determined by the official inspection personnel who are to perform the inspection, such personnel may (i) perform a partial inspection and issue a partial inspection certificate, or (ii) dismiss the request in accordance with the provisions of § 26.10.

(4) If the grain is inspected for official grade or official factors, the inspection shall be made in accordance with the official grain standards. If the grain is inspected under other criteria, the inspection shall be made in accordance with the methods or procedures prescribed in the instructions or approved in specific cases by the Administrator.

(5) Each certificate for a submitted sample inspection shall show, in the space provided for remarks, the following statement: "The above results are assigned on to the grain in the submitted sample herein described, and 'not' to the grain from which the sample may have been taken.”

(f) Quality information inspection (ship loading or unloading only). (1) This inspection shall consist of the following operations by official inspection personnel: (i) making frequent and periodic examinations of grain being loaded

aboard or discharged from a ship, for official grade or official factors, or under other criteria, or any combination thereof, in accordance with the regulations and the request for inspection; (ii) promptly notifying the applicant, either orally or by official inspection memoranda, of the results of the examinations; (iii) issuing to the applicant, upon the completion of the inspection, a copy of a ship loading log showing the results of the examinations; and (iv) issuing an official certificate in accordance with $ $ 26.58 and 26.59.

(2) If the grain is inspected for official grade or official factors, the inspection shall be made in accordance with the official grain standards. If the grain is inspected under other criteria, the inspection shall be made in accordance with the methods or procedures prescribed in the instructions or approved in specific cases by the Administrator.

(3) A quality information inspection may be made as a separate kind of inspection, or it may be made in conjunction with one or more other kinds of inspections.

(4) For the definition for "ship,” see § 26.14(b).

(g) Checkweighing or checkloading sacked grain. (1) An inspection for checkweighing shall consist of the following operations by official inspection personnel: (i) Weighing a representative number of sacks of grain selected from a lot on a proportionate or random basis in accordance with instructions; (ii) determining the estimated total gross, tare, and net weights, or the estimated average gross or net weight per filled sack, or the estimated range in gross or net weights per filled sack, in accordance with the regulations and the request for inspection; and (iii) issuing an official certificate in accordance with $ $ 26.58 and 26.59 and subparagraph (3) of this paragraph.

(2) An inspection for checkloading shall consist of the following operations by official inspection personnel: Making a stowage examination in accordance with paragraph (i) of this section; making a checkweighing determination in accordance with subparagraph (1) of this paragraph; making a continuous count or an estimate of the number of filled sacks of grain as they are loaded aboard an identified means of conveyance; if practicable, affixing seals to the railroad car or other means of conveyance; and issuing an official certificate in accordance with $ $ 26.58 and 26.59 and subparagraph (3) of this paragraph. In no case shall the results of the checkloading be based, in whole or in part, on a shipper's “load and count.”

(3) A certificate for checkweighing or for checkloading shall show the information determined pursuant to the request for inspection, and may contain a statement describing the sacks, the condition of the sacks, and the markings, if any, on the sacks.

(4) A checkweighing or checkloading inspection may be made as a separate kind of inspection, or it may be made in conjunction with one or more other kinds of inspection.

(h) Sampling. (1) The sampling service shall consist of the following operations by official inspection personnel: (i) Obtaining a representative sample from an identified lot of grain; (ii) as requested, dividing the sample into representative portions and sealing the portions in a manner prescribed in the instructions; (iii) forwarding the sample or the portions in accordance with the request for inspection; and (iv) issuing an official certificate in accordance with $$ 26.58, 26.59, and subparagraph (2) of this paragraph (h).

(2) Each certificate shall show the statement “Official Sample”, and the date(s) of sampling, the method of sampling, the name of the sampler, and the quantity of grain in the sample in terms of volume or weight. The certificate may also show related information, including but not limited to, the kind and condition of the sacks, and the markings, if any, on the sacks.

(3) A copy of each certificate shall be enclosed with each portion of the sample.

(i) Stowage examination (for grain). (1) This inspection shall consist of the following operations by official inspection personnel: (i) Visually examining an identified stowage space or other container for the presence of insects or other vermin; moisture; foreign rnaterial; residue from previous cargoes; loose rust, scale, whitewash, or cement; commercially objectionable odor; and the presence of other conditions which could contaminate the grain, or otherwise lower the quality of the grain to be loaded; and (ii) issuing an official certificate in accordance with $8 26.58, 26.59 and subparagraph (3) of this paragraph.

(2) A stowage examination may be made as a separate kind of inspection, or

it may be made in conjunction with one or more other kinds of inspection. However, a stowage examination is required in the case of export grain and other lots of grain which are inspected at the time of loading into a means of conveyance on the basis of official samples obtained by official inspection personnel under paragraphs (b) and (c) of this section.

(3) Each certificate for stowage examination shall show the following or substantially equivalent statements: "Stowage space examined and found to be substantially clean and dry, and ready to receive grain on the above date." or “Stowage space examined and found not ready to receive grain on the above date because of

.” The certificate may also show closely related information which is (i) known to be true to the person issuing the certificate; (ii) of use in the merchandising of U.S. grain; (iii) not inconsistent with the Act or the regulations: and (iv) is approved by the Administrator under $ 26.64.

(j) Other closely related services. Grain may be inspected for any other determination which is authorized by the Act and regulations and is approved by the Administrator under $ 26.7. The inspection shall consist of making such determinations as are necessary to enable the official inspection personnel to perform the official inspection functions requested by the applicant, and the issuance of an official certificate in accordance with $ $ 26.58 and 26.59.

(k) A combination of inspection services. A combination of inspection services may be provided for grain, in which case the inspection and certification shall be in accordance with the methods and procedures prescribed in the instructions or approved in specific cases by the Administrator for each component service. Only one official certificate shall be issued for a combination of inspection services performed concurrently, except as otherwise provided in § 26.58(a). § 26.7 Inspections under other criteria.

(a) General. Upon request by an applicant, grain may be officially inspected under criteria, other than the official grain standards, approved by the Administrator. In approving such other criteria, consideration will be given to a showing of need for the service, whether there is a practicable and an approved method for making the needed determinations, whether inspection service

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