for experimental purposes only by or under contract to a publicly-owned agricultural experiment station; (5) any acreage of wheat in excess of the allotment on a wildlife refuge farm consisting solely of Federal or State-owned land provided such acreage is not harvested, but is left on the land for wildlife feed; (6) any acreage of unharvested wheat which is disposed of by mechanical means to the extent that such wheat cannot be harvested for grain or used for hay, pasture or silage (i) within 15 days after a delayed notice of excess acreage of wheat is mailed to the operator of the farm, or (ii) within an extended period of time as authorized by the county or State committee in accordance with 7 CFR 728.1145; (7) Any acreage of unharvested wheat in excess of the allotment which is destroyed by some cause beyond the control of the operator to the extent that such wheat cannot be harvested for grain or used for hay, pasture or silage (i) prior to 30 days before the date wheat harvest normally begins in the county or areas within the county as determined under 7 CFR 728.1145, (ii) within 15 days after a delayed notice of excess acreage of wheat is mailed to the operator of the farm, or (iii) within an extended period of time as authorized by the county or State committee in accordance with 7 CFR 728.1145; (8) any acreage of unharvested wheat not in excess of the allotment which is destroyed by some cause beyond the control of the operator to the extent that such wheat cannot be harvested for grain or used for hay, pasture or silage (i) prior to 30 days before the date wheat harvest normally begins in the county or areas within the county as determined under 7 CFR 728.1145, (ii) within 15 days after a delayed notice of excess acreage of wheat is mailed to the operator of the farm, or (iii) within an extended period of time as authorized by the county or State committee in accordance with 7 CFR 728.1145: Provided, That this subparagraph (8) shall be applicable only if the producer requests the county committee to exempt such acreage not in excess of the allotment from the classification of wheat acreage (a) not later than 30 days prior to the date wheat harvest normally begins in the county or areas within the county as prescribed in 7 CFR 728.1145 (b) within 15 days after a delayed notice of excess acreage of wheat is mailed to the operator of the farm; or (c) within an extended period of time as authorized by the county or State committee in accordance with 7 CFR 728.1145 (9) any acreage of volunteer wheat intergrown with Merion bluegrass, Newport bluegrass, Code 95 Kentucky bluegrass, Pennlawn fescue, S-143 orchardgrass, Climax timothy, Essex timothy, or senside bentgrass, grown for seed production only and meeting all conditions of the provisions of 7 CFR 728.1185 (26 F.R. 4716), provided the wheat production from such acreage is donated to a Federal or State wildlife refuge project or State fish and game commission for use as wildlife feed in accordance with the provisions of 7 CFR 728.1185 (26 F.R. 4716). Wheat acreage shall not include any acreage of emmer, spelt, einkorn, Polish wheat and poulard wheat except that any acreage of such grains containing more than 10 percent wheat shall be considered wheat acreage. (d) "Excess wheat acreage" means the wheat acreage determined for the farm which is in excess of the farm wheat acreage allotment. (e) "Wheat cover crop" means the acreage of wheat which does not reach maturity because it is, while still green, turned under, cut off or pastured off, to the extent that wheat will not mature as grain not later than 30 days prior to the date wheat harvest normally begins in the county or areas within the county as prescribed in 7 CFR 728.1145 (26 F.R. 4716), and any amendments thereto. (f) [Reserved] (g) "Commercial wheat-producing area" means the area designated by the Secretary of Agriculture as the commercial wheat-producing area for the 1961-1962 marketing year. Such designation appears in 7 CFR 728.1105 (25 F.R. 4313), May 14, 1960. (h) "States outside the commercial wheat-producing area" means those States designated by the Secretary of Agriculture as being outside the commercial wheat-producing area for the 1961-1962 marketing year. Such designation appears in 7 CFR 728.1105 (25 F.R. 4313), May 14, 1960. § 421.129 Compliance requirements. (a) Commercial wheat-producing area. A producer shall not be eligible for price support on wheat produced in 1961 on a farm in the commercial wheatproducing area unless (1) the 1961 wheat acreage on the farm on which such wheat is produced is not in excess of the wheat acreage allotment, (2) if the producer has an interest in the 1961 wheat crop produced on any other farm in the same county, he is entitled to receive a marketing certificate for each such farm; and (3) if the producer is engaged in the production of wheat in more than one county (in the same State or in two or more States) and the State or county committee has determined to apply the requirements of 7 CFR 728.1157 (26 FR. 4716), and any amendments thereto, to such multiple farm producer, he is entitled to receive a marketing certificate for each such farm wherever situated. Wheat produced in violation of a restrictive lease on Federally-owned land shall not be eligible for price support. No wheat produced on any farm which receives an increased allotment under the provisions of 7 U.S.C. 1334(i) applicable in Modoc and Siskiyou Counties, California, shall be eligible for price support. (b) States outside the commercial wheat-producing area. Any producer in States outside of the commercial wheatproducing area shall be eligible for price support without regard to wheat acreage allotment in accordance with other regulations issued by Commodity Credit Corporation governing eligibility for price support. However, wheat produced in violation of a restrictive lease on Federally-owned land shall not be eligible for price support. § 421.130 Effect of unknowingly exceeding farm wheat acreage allotment; method of determination. The wheat acreage on a farm shall not be deemed to be in excess of the wheat acreage allotment for the purpose of price support unless the operator knowingly exceeded such allotment. If the wheat acreage allotment is in fact exceeded, such allotment shall be considered as having been knowingly exceeded unless the operator of the farm establishes to the satisfaction of the county committee in accordance with paragraph (a), (b), or (c) of this section that he has not knowingly exceeded his allotment and the determination of the county committee is approved on review by the State administrative officer. (a) Erroneous notice of acreage allotment. The wheat acreage allotment for the farm will not be considered to be knowingly exceeded in any case where through error in a county or State office the farm operator was officially, notified in writing of a wheat acreage allotment for the 1961 crop which was larger than the finally-approved acreage allotment, and the farm operator or any producer on the farm acting solely in reliance on the information contained in the erroneous notice, planted an acreage to wheat in excess of the finally-approved acreage allotment, and where the other conditions of this paragraph are satisfied. The determination of eligibility for price support for the farm under the foregoing circumstances will be based on the acreage allotment contained in the erroneous notice, and if the acreage planted to wheat on the farm is adjusted to the allotment contained in the erroneous notice within the time limits for disposal of excess acreages provided in 7 CFR 728.1145 (26 F.R. 4716) and any amendments thereto, the farm will not be considered to be overplanted. Before the farm operator or any producer on the farm can be said to have relied upon the erroneous notice, the circumstances must have been such that he had no cause to believe that the acreage allotment notice was in error. To determine this fact, the date of any corrected notice in relation to the time of planting; the size of the farm; the amount of wheat customarily planted; and all other pertinent facts shall be taken into consideration. (b) Erroneous notice of measured acreage. The wheat acreage allotment for the farm will not be considered to be knowingly exceeded in any case where (1) the lack of compliance was caused by reliance in good faith by the farm operator on an erroneous notice of measured acreage issued in accordance with applicable regulations; (2) neither the farm operator nor any producer on the farm had actual knowledge of the error in time to adjust the excess acreage in accordance with applicable regulations; (3) the incorrect notice was the result of an error made by the performance reporter or by another employee of the county or State office in reporting, computing, or recording the wheat acreage for the farm; (4) neither the farm operator nor any producer on the farm was in any way responsible for the error; and (5) the extent of the error in the erroneous notice was such that the farm operator would not reasonably be expected to question the acreage of which he was erroneously notified. (c) Failure to measure acreage or notify operator. The wheat acreage allotment for the farm will not be considered to be knowingly exceeded in any case where (1) through no fault of the farm operator or any producer on the farm the wheat acreage was not measured or the farm operator was not notified of the measured acreage in time to dispose of the excess acreage prior to the final date for the disposition of excess acreage; (2) the excess acreage was relatively small; and (3) the farm operator establishes that because of the relative smallness of the excess and the unavailability to him of any recent measurements of the field acreages on the farm, he had no reason to believe the wheat acreage was in excess of the farm acreage allotment. Nothing in this paragraph shall affect any producer's liability for penalties on excess wheat determined under 7 CFR 728.1140 to 728.1186; 26 F.R. 4716, and any amendments thereto. § 421.131 Application for review and request for reconsideration. Any producer who is dissatisfied with any determination with respect to compliance with his wheat acreage allotment may, within 15 days after the date of mailing to him Form MQ-24, "Notice of Farm Acreage Allotment and Marketing Quota," or Form MQ-93—Wheat, "Notice of Farm Marketing Quota and Farm Marketing Excess of Wheat," file a written application for review of such determination by a review committee: Provided, That such application for review is based on a determination which the producer has the right to have reviewed under 7 CFR Part 711; 21 F.R. 9365, and any amendments thereto. Unless application for review is made within such 15-day period, such determination shall be final. Subpart-Provisions of 1961 and Subsequent Crop Texas Flaxseed Purchase Programs AUTHORITY: §§ 421.626 to 421.642 issued under sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. 714b. Interpret or apply sec. 5, 62 Stat. 1072; secs. 301, 401, 63 Stat. 1053, 1054, as amended; 15 U.S.C. 714c, 7 U.S.C. 1447, 1421. SOURCE: § 421.626 to 421.642 contained in CCC Texas Flaxseed Bulletin, 26 FR. 3979, May 9, 1961, except as otherwise noted. This bulletin (hereinafter called subpart) contains the regulations which will be applicable to the 1961 and subsequent crop Texas Flaxseed Purchase Programs which are formulated for price support purposes by Commodity Credit Corporation (referred to in this subpart as CCC). This subpart supersedes CCC Texas Flaxseed Bulletin, Provisions of 1959 and Subsequent Crop Texas Flaxseed Purchase Programs (24 F.R. 2853). This subpart will be amended or supplemented each year for which a program is authorized to set forth the purchase rates, premiums and discounts applicable to the crop and to set forth such other changes as may be necessary. CCC, through designated Agricultural Stabilization and Conservation county committees, will stand ready to make direct purchases from eligible producers of eligible flaxseed delivered to authorized dealers from the time of harvest through July 31, of the year in which the flaxseed was produced. All such purchases shall be made in accordance with this subpart. (a) This program will be administered by Agricultural Stabilization and Conservation Service (referred to in this subpart as ASCS) under the general direction and supervision of the Executive Vice President, CCC, and, in the field will be carried out by the ASCS Commodity Office, Dallas, Texas, the Texas Agricultural Stabilization and Conservation State Committee, and designated Agricultural Stabilization and Conservation county committees (referred to in this subpart as county committees). A producer desiring to sell flaxseed under this program must apply to the office of the county committee of the county in which the flaxseed was produced for written delivery instructions on the quantity of flaxseed he wishes to sell to CCC. (b) Such application must be made sufficiently in advance of the date of the intended delivery to enable the county office to schedule deliveries in an orderly manner. Delivery instructions issued by the county office will set forth the approximate quantity of flaxseed and the time and place of delivery for the account of CCC. The place of delivery will be an authorized dealer as designated by the county office. All flaxseed delivered under such instructions must meet the eligibility requirements speci fied in § 421.630. All documents will be approved by the county office manager, or other employee of the county office designated by him to act in his behalf. Such designations shall be on file in the county office. Copies of all purchase documents shall be retained in the county office. County office managers, State and county committees, and the ASCS commodity office do not have authority to modify or waive any of the provisions of this subpart or any amendments or supplements to this subpart. § 421.628 Period and area of operation. This program will be available on eligible flaxseed from the time of harvest through July 31, of the year in which the flaxseed was produced in the Texas counties indicated in the supplement to this subpart. Deliveries of flaxseed under this program must be completed on or before July 31, of the year in which the flaxseed was produced. § 421.629 Eligible producer. An eligible producer shall be any individual, partnership, association, corporation, estate, trust, or other legal entity and whenever applicable, a State, political subdivision of a State, or any agency thereof which (a) has produced flaxseed in the year for which a program is authorized in any of the designated counties as landowner, landlord, tenant or sharecropper, and (b) has applied to the appropriate county office for delivery instructions. Receivers of an insolvent debtor's estate, executors and administrators of a deceased person's estate, guardians of an estate of a ward or an incompetent person, and trustees of a trust estate will be considered to represent the insolvent debtor. the deceased person, the ward or incompetent, and the beneficiaries of a trust, respectively, and the production of the receivers, executors and administrators, guardians, and trustees shall be considered to be the production of the persons they represent, provided the purchase documents executed by them are legally valid. A minor shall be an eligible producer only if he meets one of the following requirements: (1) The right of majority has been conferred on him by court proceedings, (2) a guardian has been appointed to manage his property and the applicable price support documents are signed by the guardian, or (3) a bond is furnished under which a surety guarantees to protect CCC from any loss incurred for which the minor would be liable had he been an adult. § 421.630 Eligible flaxseed. Eligible flaxseed shall meet the following requirements: (a) The flaxseed must be produced by an eligible producer in the year for which a program is authorized in any of the counties named in the supplement to this subpart. (b) (1) The beneficial interest in the flaxseed must be in the eligible producer tendering the flaxseed for purchase, and must always have been in him, or must have been in him and a former producer whom he succeeded before the flaxseed was harvested. Any producer who is in doubt as to whether his interest in the flaxseed complies with the requirements of this subpart should make available to the county committee all pertinent information prior to filing an application, which will permit a determination to be made by CCC as to his eligibility for price support. (2) To meet the requirements of succession to a former producer, the rights, responsibilities and interest of the former producer with respect to the farming unit on which the flaxseed was produced shall have been substantially assumed by the person claiming succession. Mere purchase of the crop prior to harvest, without acquisition of any additional interest in the farming unit, shall not constitute succession. The county committee shall determine whether the requirements with respect to succession have been met. (c) The flaxseed must Grade No. 1 or No. 2 and must not contain mercurial compounds or other substances poisonous to man or animals. Sample grade flaxseed will not be purchased under this program. (d) Flaxseed produced in violation of restrictive leases on Federally-owned land shall not be eligible for purchase under this program. (e) An authorized dealer shall not accept flaxseed from a producer for the account of CCC unless the producer presents a copy of the delivery instructions issued by the county office. § 421.631 Personal liability of the producer. (a) If the producer has made a fraudulent representation in his sale under this program or in the purchase documents, the producer shall be personally liable, aside from any additional liability under criminal and civil frauds statutes, for any loss which CCC sustains upon the flaxseed covered by the applicable purchase documents. For the purpose of this program, such loss shall be deemed to be the price paid to the producer on such flaxseed plus all costs sustained by CCC in connection with such flaxseed, together with interest at the rate of 6 percent per annum from the date of disbursement, less the market value, as determined by CCC, of the flaxseed delivered on the date of delivery, or the sales price if the flaxseed is sold in order to determine its market value. (b) The producer shall be personally liable for any damage resulting from tendering to CCC flaxseed containing mercurial compounds or other substances poisonous to man or animals which is inadvertently accepted by CCC. (c) If the amount disbursed under a purchase exceeds the amount authorized under this program, the producer shall be personally liable for repayment of the amount of such excess and shall promptly refund such amount to CCC. § 421.632 Authorized dealer. An authorized dealer shall be any individual, partnership, association, corporation or other legal entity operating under a Flaxseed Dealer Agreement with CCC, which authorizes such dealer to accept delivery of eligible flaxseed under this program for the account of CCC. Dealers interested in becoming authorized dealers under this program should make application to the county office of the county in which they are located. A list of authorized dealers to whom producers may deliver flaxseed for the account of CCC under this program may be obtained from the offices indicated in § 421.627. § 421.633 Purchase documents. (a) The purchase documents shall consist of (1) the "Non-Negotiable Flaxseed Dealer's Receipt and Grade Certificate" (or other similar document if approved by CCC) hereinafter referred to as "dealer's receipt", issued by an authorized dealer to the producer for flaxseed delivered, and if applicable, the registered freight bill and/or warehouseman's supplemental certificate, (2) the purchase settlement form, and (3) such other forms and documents as may be prescribed by CCC. (b) The dealer's receipt must be issued in the name of the producer for the account of CCC and must be dated on or before July 31 of the year in which the flaxseed was produced. Each dealer's receipt must show: (1) Gross weight and net bushels, (2) grade, (3) test weight, (4) moisture, (5) dockage, (6) percentage of damage, when such factor and not test weight determines the grade, and (7) whether the flaxseed arrived by rail, truck or barge. In the case of dealers' receipts issued for flaxseed delivered by rail or barge, the grading factors on the receipt must agree with the inbound inspection certificates for the car or barge. § 421.634 Basis of purchase. Eligible flaxseed will be purchased on the basis of weight, grade and quality factors. The grade shall be determined in accordance with the Official Grain Standards of the United States for flaxseed by a grain inspector licensed by the Secretary of Agriculture, except that wherever the services of such a licensed inspector are not available the ASCS Commodity Office shall designate in writing a person qualified to determine the grade of flaxseed in accordance with the Official Grain Standards of the United States for flaxseed. Such designation may be revoked in writing by the ASCS commodity office at any time. § 421.635 Determination of Quantity. (a) The number of bushels of flaxseed delivered shall be determined by weight at time of delivery. A bushel shall be 56 pounds of flaxseed free of dockage. (b) The percentage of dockage shall be determined in accordance with the Official Grain Standards of the United States for Flaxseed, and the weight of said dockage shall be deducted from the gross weight of the flaxseed in determining the net quantity for purchase. § 421.636 Issuance of purchase prices, premiums and discounts. Basic county and terminal market purchase prices, and premiums and discounts applicable to eligible flaxseed delivered to authorized dealers for the account of CCC from counties authorized under this program will be contained in annual supplements to this subpart. § 421.637 Storage charges. Το compensate CCC for storage charges on flaxseed acquired under this program, the following deduction per |