Smutty Bar

(ii) Grade designation. ley shall be graded and designated according to the grade requirements of the standards applicable to such barley if it were not smutty, and there shall be added to, and made a part of, the grade designation, the word "Smutty."

(10) Garlicky Barley—(i) Requirements. Garlicky Barley shall be barley which contains 3 or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of barley.

(ii) Grade designation. Garlicky Barley shall be graded and designated according to the grade requirements of the standards applicable to such barley if it were not garlicky, and there shall be added to, and made a part of, the grade designation, the word "Garlicky."

(11) Weevily Barley-(i) Requirements. Weevily Barley shall be barley which is infested with live weevils or other insects injurious to stored grain.

(ii) Grade designation. Weevily Barley shall be graded and designated according to the grade requirements of the standards applicable to such barley if it were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily."

(12) Ergoty Barley-(i) Requirements. Ergoty Barley shall be barley which contains ergot in excess of 0.3 percent.

(ii) Grade designation. Ergoty Barley shall be graded and designated according to the grade requirements of the standards applicable to such barley if it were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty."

(13) Bleached Barley-(i) Requirements. Bleached Barley shall be barley which, in whole, or in part, has been treated by the use of sulphurous acid or any other bleaching agent.

For the purposes of the Official Grain Standards of the United States for Oats:

(a) Oats. Oats shall be any grain which consists of 50 percent or more of cultivated oats (Avena sativa and/or A byzantina) and may contain not more than 25 percent of wild oats and other grains for which standards have been established under the United States Grain Standards Act, singly or in combination.

(b) Classes. Oats shall be divided into the following five classes: White oats. Red oats, Gray oats, Black oats, and Mixed oats.

(c) White oats. The class White oats shall be common oats with the color and other physical characteristics of the white and/or yellow oats types and may contain not more than 10.0 percent of oats of other types.

(d) Red oats. The class Red oats shall be oats with the color and other physical characteristics of the red oats type and may contain not more than 10.0 percent of oats of other types.

(e) Gray oats. The class Gray oats shall be oats with the color and other physical characteristics of the gray oats type and may contain not more than 10.0 percent of oats of other types.

(f) Black oats. The class Black oats shall be oats with the color and other physical characteristics of the black oats type and may contain not more than 10.0 percent of oats of other types.

(g) Mixed oats. The class Mixed oats shall include all mixtures of oats not provided for in the classes White oats, Red oats, Gray oats, and Black oats.

(h) Grades. Grades shall be the U.S. numerical grades, U.S. Sample grade, and special grades provided for in § 26.253.

(i) Foreign material. Foreign material shall be all matter except cultivated oats, other grains, and wild oats,

and shall include oat clippings and detached oat hulls.

(j) Other grains. Other grains shall be wheat, rye, corn, grain sorghums, barley, hull-less barley, flaxseed, emmer, spelt, einkorn, Polish wheat, poulard wheat, cultivated buckwheat, and soybeans.

(k) Sound cultivated oats. Sound cultivated oats shall be all cultivated oats which are not heat-damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged.

(1) Heat-damaged kernels. Heatdamaged kernels shall be kernels and pieces of kernels of cultivated oats, other grains, and wild oats which have been materially discolored and damaged by heat.

(m) Fine seeds. Fine seeds shall be all matter which will pass readily through a 5/64 triangular hole sieve.

(n) Wild oats. Wild oats shall be the seeds of Avena fatua and A sterilis.

(0) Stones. Stones shall be concreted earthy or mineral matter and other substances of similar hardness that do not disintegrate readily in water.

(p) 5/64 triangular hole sieve. A 5/64 triangular hole sieve shall be an aluminum sieve 0.0319 inch thick with equilateral triangular perforations the inscribed circles of which are 0.0781 (64) inch in diameter and which are 1⁄4 inch from center to center. The perforations of each row shall be staggered in relation to the adjacent row.

(q) 0.064 x 3/8 sieve. A 0.064 x 3/8 sieve shall be an aluminum sieve 0.0319 inch thick perforated with oblong holes 0.064 inch by 0.375 (%) inch, which are 0.125 (%) inch from center to center

U.S. No. 11.

U.S. No. 22

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Grade

and which have 0.0525 inch end bridges. The perforations of each row shall be end staggered in relation to the adjacent

row.

[24 F.R. 593, Jan. 28, 1959, as amended at 34 F.R. 3592, Feb. 28, 1969]

§ 26.252 Principles governing applicacation of standards.

The following principles shall apply in the determination of the classes and grades of oats:

(a) Basis of determination. All determinations shall be on the basis of the grain as a whole.

(b) Percentages. . All percentages shall be determined upon the basis of weight. (c) Moisture. Moisture shall be ascertained by the air-oven method for oats prescribed by the United States Department of Agriculture, as described in Service and Regulatory Announcements No. 147, issued by the Agricultural Marketing Service, or ascertained by any method which gives equivalent results.

(d) Test weight per bushel. Test weight per bushel shall be the weight per Winchester bushel as determined by the method prescribed by the United States Department of Agriculture, as described in Circular No. 921 issued June 1953, or as determined by any method which gives equivalent results.

[24 F.R. 593, Jan. 28, 1959]

§ 26.253 Grades, grade requirements, and grade designations.

The following grades, grade requirements, and grade designations are applicable under these standards:

(a) Grades and grade requirements for Oats. (See also paragraph (c) of this section.)

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U.S. Sample grade...

U.S. Sample grade shall be oats which do not meet the requirements for any of the grades U.S. No. 1 to U.S. No. 4, inclusive; or which contain more than 16.0 percent of moisture; or which contain stones; or which are musty, or sour, or heating; or which have any commercially objectionable foreign odor except of smut or garlic; or which are otherwise of distinctly low quality.

(b) Grade designations for oats. The grade designations for oats shall include the letters "U.S."; the number of the grade or the words "Sample grade," as the case may be; the name of the applicable class; and the name of each applicable special grade.

(c) Special grades, special grade requirements, and special grade designations for oats—(1) Bright oats—(1) Requirements. Bright oats shall be oats, except Bleached oats, that are of good, natural color.

(ii) Grade designation. Bright oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not bright, and there shall be added to and made a part of the grade designation, preceding the name of the class, the word "Bright."

Requirements.

(2) Heavy oats (1) Heavy oats shall be oats which have a test weight per bushel of 36 pounds or more but less than 38 pounds.

(ii) Grade designation. Heavy oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not heavy, and there shall be added to and made a part of the grade designation, preceding the name of the class, the word "Heavy."

(3) Extra heavy oats-(1) Requirements. Extra heavy oats shall be oats which have a test weight per bushel of 38 pounds or more.

(ii) Grade designation. Extra heavy oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not extra heavy, and there shall be added to and made a part of the grade designation, preceding the name of the class, the words "Extra Heavy."

(4) Tough oats (1) Requirements. Tough oats shall be oats which contain more than 14.0 percent but not more than 16.0 percent of moisture.

(ii) Grade designation. Tough oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not tough, and there shall be added to and made a part of the grade designation the word "Tough."

(5) Thin oats (1) Requirements. Thin oats shall be oats which contain more than 20.0 percent of oats and/or other matter, except "fine seeds," that will pass readily through a 0.064 x % sieve.

shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not thin, and there shall be added to and made a part of the grade designation the word “Thin.”

(6) Weevily oats-(i) Requirements. Weevily oats shall be oats which are infested with live weevils or other insects injurious to stored grain.

(ii) Grade designation. Weevily oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not weevily, and there shall be added to and made a part of the grade designation the word "Weevily."

(7) Smutty oats (1) Requirements. Smutty oats shall be oats which have the kernels covered with smut spores or which contain smut masses and/or smut balls in excess of 0.2 percent.

(ii) Grade designation. Smutty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not smutty, and there shall be added to and made a part of the grade designation the word "Smutty."

(8) Ergoty oats (1) Requirements. Ergoty oats shall be oats which contain ergot in excess of 0.3 percent.

(ii) Grade designation. Ergoty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not ergoty, and there shall be added to and made a part of the grade designation the word "Ergoty."

(9) Garlicky oats-(i) Requirements. Garlicky oats shall be oats which contain 4 or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of oats.

(ii) Grade designation. Garlicky oats shall be graded and designated according to the grade requirements of the standards applicable to such ́oats if they were not garlicky, and there shall be added to and made a part of the grade designation the word "Garlicky."

(10) Bleached oats—(1) Requirements. Bleached oats shall be oats which in whole or in part, have been treated by the use of sulphurous acid or any other bleaching agent.

(ii) Grade designation. Bleached oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not bleached, and there shall be added

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to and made a part of the grade designation the word "Bleached."

[24 F.R. 593, Jan. 28, 1959, as amended at 34 F.R. 3592, Feb. 28, 1969]

OFFICIAL GRAIN STANDARDS OF THE UNITED STATES FOR WHEAT

SOURCE: §§ 26.301 to 26.329 appear at 29 FR. 1313, Jan. 25, 1964, unless otherwise noted. Redesignated at 34 F.R. 3592, Feb. 28, 1969.

§ 26.301 Terms defined.

For the purposes of the Official Grain Standards of the United States for Wheat, the terms specified in § 26.302 through § 26.312 shall have the meanings stated in said sections respectively.

Dockage shall be weed seeds, weed stems, chaff, straw, grain other than wheat, sand, dirt, and any other material other than wheat, which can be removed readily from the wheat by the use of appropriate sieves and cleaning devices; also underdeveloped, shriveled, and small pieces of wheat kernels removed in properly separating the material other than wheat and which cannot be recovered by properly rescreening or recleaning. (See also §§ 26.315 and 26.329.)

§ 26.304 Foreign material.

Foreign material shall be all matter other than wheat which is not separated from the wheat in the proper determination of dockage.

grains which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, moldy, diseased, or otherwise materially damaged.

§ 26.307 Heat-damaged kernels.

Heat-damaged kernels shall be kernels and pieces of kernels of wheat and other grains which have been materially discolored and damaged by heat.

§ 26.308 Contrasting classes.

Contrasting classes shall be (a) Durum Wheat, Red Durum Wheat, and White Wheat in the classes Hard Red Spring Wheat and Hard Red Winter Wheat; (b) Hard Red Spring Wheat, Red Durum Wheat, Hard Red Winter Wheat, Soft Red Winter Wheat, and White Wheat in the class Durum Wheat; (c) Durum Wheat and Red Durum Wheat in the class Soft Red Winter Wheat; and (d) Durum Wheat, Red Durum Wheat, Hard Red Spring Wheat, and Hard Red Winter Wheat in the Class White Wheat.

§ 26.309 Shrunken and broken kernels. Shrunken and broken kernels shall be all kernels and pieces of kernels of wheat and other matter that will pass readily through a 0.064 x % oblong hole sieve. § 26.310 0.064 x % oblong hole sieve.

A 0.064 x % oblong hole sieve shall be a metal sieve 0.0319 inch thick perforated with oblong holes 0.064 inch wide by 3% (0.375) inch long which are % (0.1250) inch from center to center and with 0.0525 inch end bridges. The perforations shall be staggered in relation to the adjacent rows.

vils or other insects injurious to stored grain, and distinctly low quality shall be upon the basis of the grain as a whole. All other determinations shall be upon the basis of the grain when free from dockage.

§ 26.315 Percentages.

All percentages shall be upon the basis of weight. Percentages except for dockage shall be expressed in whole and tenth percent to the nearest tenth of a percent. The percentage of dockage when equal to one-half percent or more shall be stated in terms of half percent, whole percent, or whole and half percent, as the case may be, with other fractions disregarded as shown in the following examples: Dockage ranging from 0.5 to 0.9 percent shall be expressed as 0.5 percent, from 1.0 to 1.4 percent as 1.0 percent, from 1.5 to 1.9 percent as 1.5 percent, etc.

Wheat shall be divided into the following seven classes: Hard Red Spring Wheat, Durum Wheat, Red Durum Wheat, Hard Red Winter Wheat, Soft Red Winter Wheat, White Wheat, and Mixed Wheat.

§ 26.319 Hard Red Spring Wheat.

The class Hard Red Spring Wheat shall include all varieties of hard red spring wheat. This class shall be divided into the following three subclasses:

(a) Dark Northern Spring Wheat. The subclass Dark Northern Spring Wheat shall be Hard Red Spring Wheat with 75 percent or more of dark, hard, and vitreous kernels.

(b) Northern Spring Wheat. The subclass Northern Spring Wheat shall be

Hard Red Spring Wheat with 25 percent or more but less than 75 percent of dark hard, and vitreous kernels.

(c) Red Spring Wheat. The subclass Red Spring Wheat shall be Hard Red Spring Wheat with less than 25 percen of dark, hard, and vitreous kernels.

§ 26.320 Durum Wheat.

The class Durum Wheat shall include all varieties of white (amber) Durum Wheat. This class shall be divided into the following three subclasses:

(a) Hard Amber Durum Wheat. The subclass Hard Amber Durum Wheat shall be Durum Wheat with 75 percent or more of hard and vitreous kernels of amber color.

(b) Amber Durum Wheat. The Subclass Amber Durum Wheat shall be Durum Wheat with 60 percent or more but less than 75 percent of hard and vitreous kernels of amber color.

(c) Durum Wheat. The subclass Durum Wheat shall be Durum Wheat with less than 60 percent of hard and vitreous kernels of amber color.

§ 26.321 Red Durum Wheat.

The class Red Durum Wheat shall include all varieties of red durum wheat. There are no subclasses in this class. § 26.322 Hard Red Winter Wheat.

The class Hard Red Winter Wheat shall include all varieties of hard red winter wheat. This class shall be divided into the following three subclasses:

(a) Dark Hard Winter Wheat. The subclass Dark Hard Winter Wheat shall be Hard Red Winter Wheat with 75 percent or more of dark, hard, and vitreous kernels.

(b) Hard Winter Wheat. The subclass Hard Winter Wheat shall be Hard Red Winter Wheat with 40 percent or more but less than 75 percent of dark, hard, and vitreous kernels.

(c) Yellow Hard Winter Wheat. The subclass Yellow Hard Winter Wheat shall be Hard Red Winter Wheat with less than 40 percent of dark, hard, and vitreous kernels.