§ 61.44

Fee for chemist's license.

For the examination of an applicant for a license as a chemist to analyze and certificate the grade of cottonseed the fee shall be $150, but no additional charge shall be made for the issuance of a license. For each renewal of a chemist's license the fee shall be $50. [35 F.R. 8532, June 8, 1970]

§ 61.45 Fee for certificates to be paid by licensee to Service.

To cover in part the cost of administering the regulations in this part each licensed cottonseed chemist shall pay to the Service 50 cents for each certificate of the grade of cottonseed issued by him. Upon receipt of a statement from the Service each month showing the number of certificates issued by the licensee, such licensee will forward the

appropriate remittance in the form of a check, draft, or money order payable to the "Agricultural Marketing Service, USDA."

[34 F.R. 12162, July 23, 1969]

§ 61.46 Fees for review of grading of cottonseed.

For the review of the grading of any lot of cottonseed, the fee shall be $20. Remittance to cover such fee, in the form of a check, draft, or money order payable to the "Agricultural Marketing Service, USDA," shall accompany each application for review. Of each such fee collected, $6 shall be covered into the Treasury and $7 disbursed to each of the two licensed chemists designated to make reanalyses of such seed. [35 FR. 8532, June 6, 1970]

Subpart B-Standards for Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States

AUTHORITY: The provisions of this Subpart B issued under secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1824. § 61.101 Determination of grade.

The grade of cottonseed shall be determined from the analysis of samples, and it shall be the result, stated in the nearest whole or half numbers, obtained by multiplying a quantity index by a quality index and dividing the result by 100. The quantity index and the quality index shall be determined as hereinafter provided.

(a) The basis grade of cottonseed shall be grade 100.

(b) High grades of cottonseed shall be those grades above 100.

(c) Low grades of cottonseed shall be those grades below 100.

(d) Grades for American Pima cottonseed shall be suffixed by the designation "American Pima” or by the symbol "AP."

[22 F.R. 10948, Dec. 28, 1957, as amended at 37 F.R. 20157, Sept. 27, 1972]

(b) For American Pima cottonseed the quantity index shall equal four times percentage of oil, plus six times percentage of ammonia, minus 10.

[37 FR 20157, Sept. 27, 1972]

§ 61.103 Determination of quality index. The quality index of cottonseed shall be an index of purity and soundness, and shall be determined as follows:

(a) Prime quality cottonseed. Cottonseed that by analysis contains not more than 1.0 percent of foreign matter, not more than 12.0 percent of moisture, and not more than 1.8 percent of free fatty acids in the oil in the seed, shall be known as prime quality cottonseed and shall have a quality index of 100.

(b) Below prime quality cottonseed. The quality index of cottonseed that, by analysis, contain foreign matter, moisture, or free fatty acids in the oil in the seed, in excess of the percentages prescribed in paragraph (a) of this section shall be found by reducing the quality index of prime quality cottonseed as follows:

(1) Four-tenths of a unit for each 0.1 percent of free fatty acids in the oil in the seed in excess of 1.8 percent.

(2) One-tenth of a unit for each 0.1 percent of foreign matter in excess of 1.0 percent.

(3) One-tenth of a unit for each 0.1 percent of moisture in excess of 12.0 percent.

(c) Off quality cottonseed. Cottonseed that has been treated by either mechanical or chemical process other than the usual cleaning, drying, and ginning (except sterilization required by the United States Department of Agriculture for quarantine purposes) or that are fermented or hot, or that upon analysis are found to contain 12.5 percent or more of free fatty acids in the oil in the seed, or more than 10.0 percent of foreign matter, or more than 20.0 percent of moisture, or more than 25.0 percent of moisture and foreign matter combined, shall be designated as "off quality cottonseed."

(d) Below grade cottonseed. Cottonseed the grade of which when calculated according to § 61.101 is below grade 40.0 shall be designated as “below grade cot

not be indicated.

AUTHORIZED INSPECTORS

68.36 Who may be authorized.

LICENSED INSPECTORS AND SAMPLERS

68.37 Who may be licensed as inspectors.
68.38 Who may be licensed as samplers.
68.39 Sampling procedure.
68.40 Samples to be identified.
68.41

Suspension or revocation of licenses.

FEES AND CHARGES FOR CERTAIN FEDERAL
INSPECTION SERVICES

68.42a Fees and charges for certain Federal inspection services.

68.42b Fees and charges for the inspection of agricultural and vegetable seeds. 68.42c Fees and charges for Federal rice inspection services.

68.43 Fees and charges; general provisions. 68.44 Fees and charges for appeal inspection.

63.45 Fees and charges when an application for inspection or appeal inspection is withdrawn or any inspection service is refused.

68.46 Manner of payment of fees and charges. 68.48 Refunds.

MISCELLANEOUS

68.201 68.202

Definition of rough rice.

Definition of other terms.

PRINCIPLES GOVERNING APPLICATION OF

AUTHORITY: The provisions of this Part 68 issued under sec. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624, unless otherwise noted.

NOTE: Nomenclature changes to Part 68 appear at 37 FR 8059, Apr. 26, 1972; 39 FR 23984, June 28, 1974.

Subpart A-Regulations

SOURCE: The provisions of this Subpart A appear at 13 FR 9479, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, unless otherwise noted.

For the purpose of the regulations in this part unless the context otherwise requires, the following terms shall be construed, respectively, as follows:

(a) "Acts" means the Agricultural Marketing Act of 1946 (7 U. S. C. 1621 et seq.), and the following provisions of the Department of Agriculture Appropriation Act, 1949 (62 Stat. 507, 7 U. S. C. Supp. 414), or similar provisions of any future act of Congress conferring like authority: "For the investigation and certification, in one or more jurisdictions, to shippers and other interested parties of the class, quality, and condition of any agricultural commodity or food product, whether raw, dried, canned, or otherwise processed, and any product containing an agricultural commodity or derivative thereof when offered for interstate shipment or when received at such important central markets as the Secretary may from time to time designate, or at points which may be conveniently reached therefrom under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered."

(b) "Regulations" means the regulations in this part.

(c) "Department" means the United States Department of Agriculture.

(d) "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(e) "Administrator" means the Administrator of the Consumer and Marketing Service of the Department, or any other officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(f) "Division" means the Grain Division of the Agricultural Marketing Service of the Department.

(g) "Director" means the Director of the Division or any other officer or employee of the Division to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(h) "Person" means any individual, partnership, association, business trust, corporation, or any other organized group of persons, whether incorporated or not.

(i) "Interested party" means any person financially interested in a transaction involving a commodity.

(j) "Applicant" means an interested party who requests any inspection service with respect to a commodity.

(k) Inspector: Any employee of the Department authorized by the Administrator, or any other person licensed by the Administrator, to inspect and certify the class, quality, quantity, or condition of specified commodities.

(1) Supervising inspector: Any employee of the Department authorized by the Administrator to inspect or certify the class, quality, quantity, or condition of specified commodities or designated by the Director to supervise the work of inspectors and official samplers.

(m) Official sampler: Any person licensed by the Administrator to draw samples of commodities for inspection or any employee of the Department authorized by the Director or by a supervising inspector to draw samples of commodities for inspection.

(n) "Commodity" means any one of the following agricultural commodities and products: dry beans, grain, hay, hops, lentils, oilseeds, dry peas, split peas, rice, agricultural and vegetable seeds, straw, and other agricultural commodi