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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 or an 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

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(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 §§ 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 unofficial 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

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them under other laws: Provided, That the performance of these services does not result in conflicts of interests on the part of the official inspection personnel, or preclude the official inspection personnel from performing inspection services requested by applicants under the Act and the regulations, or discredit the official inspection service.

§ 26.6

Kinds (scope) of official inspection services.

(a) General. The kinds of official inspection services available under the Act and the basis for performing each service are those shown in paragraphs (b) through (k) of this section.

(b) Official sample-lot inspection. (1) This inspection shall consist of (1) the official sampling of an identified lot of grain by official inspection personnel (other than a licensed employee of a grain elevator or warehouse); (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 inspection 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.

(c) Type sample-lot inspection. (1) This inspection shall consist of (i) the submitting of a clearly identified type sample of grain by or for an applicant to the official inspection agency or to the field office; (ii) the forwarding, by the official inspection agency or the field office, of a representative portion of the type sample to a person identified by the applicant as a prospective buyer; (iii) the official sampling, upon request of the applicant, of an identified lot of grain by official inspection personnel (other than a licensed employee of a grain elevator or warehouse); (iv) the comparison of the type sample with the official sample; and (v) the issuance by official inspection personnel of an official inspection certificate in accordance with §§ 26.58 and 26.59 and subparagraph (3) of this paragraph (c).

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

(3) If the inspection request is for an inspection for general appearance, official grade, and official factors, with or without other criteria, the certificate shall show in addition to the official grade and other results of the inspections, the following information: "The appearance of the grain in the above-identified lot is considered (better than) (equal to) (inferior to) the appearance of the grain in the type sample identified as

The results of the inspection of the grain in the lot, as shown above, are considered within the expected variation of the results of the inspection of the grain in the type sample, except as follows: Lot results which are better: Lot results which are inferior

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(4) If the inspection request is for a less comprehensive kind (scope) of inspection, the statement shall be modified accordingly. The certificate shall show such other statements of fact as may be prescribed in the instructions or approved in specific cases by the Administrator.

(d) Warehouseman's sample-lot inspection. (1) This inspection shall consist of (1) the official sampling of an identified lot of grain by a licensed employee of a grain elevator or warehouse; (ii) the submitting of the sample and a completed sampling report on a form approved by the Administrator, by or for the applicant to any official inspection agency; (iii) 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 (iv) issuance by official inspection personnel of an official inspection certificate in accordance with §§ 26.58 and 26.59 and subparagraph (3) of this paragraph.

(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 and procedures pre

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 only to the grain in the submitted sample herein described, and 'not' to the grain from which the sample may have been taken."

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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 material; 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 §§ 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 cer

tificate 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).

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under the criteria can be made readily available in the more active designated inspection areas and elsewhere where it is desired, and whether the determinations required by the criteria can be made with a satisfactory degree of accuracy. A list of such other criteria which have been approved by the Administrator may be obtained from the Grain Division or any official inspection agency, field office, regional office, or the Administrator.

(b) Scope of inspection. The scope of inspection service under other criteria shall be in accordance with the provisions of 26.6. Chemical tests and laboratory analyses required for determinations under such criteria may be performed only by official inspection personnel who are licensed or authorized under the Act to perform the tests or analyses. Such personnel may be employed by an official inspection agency, or be employed by the Department of Agriculture, or perform the services under a contract with the Department of Agriculture.

§ 26.8 Sampling provisions and require

ments.

(a) Obtaining official samples. Subject to limitations in § 26.110 (d), official samples of grain may be obtained by licensed employees of official inspection agencies, authorized employees of the Department of Agriculture, licensed employees of grain elevators or warehouses, and other individuals who are licensed to sample grain under a contract with the Department of Agriculture.

(b) Representative sample. No official sample shall be deemed representative of a lot of grain unless the sample (1) has been obtained by official inspection personnel licensed or authorized to sample grain; (2) is of the size prescribed in the instructions; and (3) has been obtained, handled, and submitted in accordance with methods and procedures prescribed in the instructions or approved in specific cases by the Administrator. A sample which fails to meet the requirements of this paragraph may, upon request of the applicant, be inspected as a submitted sample in accordance with § 26.6(e).

(c) Submitted samples. Submitted samples may be obtained by or for any interested person. (Instructions for sampling grain may be obtained upon request to the Administrator.)

(d) Original inspections. Each original lot inspection for kind, class, grade, quality, or condition shall be made on the

basis of an official sample obtained from the grain at the time and place it is offered for inspection. A lot inspection for an "in" movement of grain in domestic commerce may, upon request of the applicant and subject to the grain being made accessible for sampling, be based on official samples obtained while the grain is at rest in the container, or during unloading, or after unloading and immediately after the initial elevation, in accordance with methods and procedures prescribed in the instructions or otherwise approved by the Administrator. Requirements for sampling export grain are prescribed in § 26.110 (d).

(e) Reinspections, appeal inspections. Each lot reinspection or appeal inspection for kind, class, grade, quality, or condition shall be made on the basis of the most representative official sample(s) available or that can be obtained at the time of the reinspection or appeal inspection. The determination as to which sample(s) is most representative shall be made by the official inspection personnel performing the reinspection or appeal inspection.

(f) Use of file samples. (1) File samples which are retained by official inspection personnel, in accordance with the regulations and pursuant to the methods and procedures prescribed in the instructions or approved in specific cases by the Administrator, may be deemed representative for reinspections and appeal inspections: Provided, That (1) the samples have remained in the custody of the official inspection personnel who certificated the inspection in question or in the custody of the official inspection agency by which they were employed; and (ii) the official inspection personnel, who performed the inspections in question and the official inspection personnel who are to perform the reinspections or the appeal inspections, believe the samples were representative of the grain at the time of the inspection in question and that the quality or condition of the grain in the samples and in the lots has not changed since the time of the inspection in question.

(2) When a reinspection or an appeal inspection is based on a file sample, the certificate for the reinspection or the appeal inspection shall show the statement "Results based on official file sample."

(3) Upon request of the applicant, and if practicable, a new sample shall be ob

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