§ 105.47

FEES

Warehouse license fees.

There shall be charged and collected a fee of $20 for each original warehouseman's license, and a fee of $10 for each amended or reinstated warehouseman's license applied for by a warehouseman, and a fee of $6 for each license issued to a grader, weigher, or an inspector. [34 FR. 19060, Dec. 1, 1969]

§ 105.48 Warehouse inspection fees.

There shall be charged and collected for each original inspection of a warehouse under the act, when such inspection is made upon application of a warehouseman, a fee at the rate of $5 for each 1,000 bales of the storage capacity of the warehouse or fraction thereof, determined in accordance with § 105.12(a), but in no case less than $40 nor more than $500, and for each reinspection, applied for by the warehouseman, a fee based on the extent of the reinspection, proportioned to, but not greater than, that prescribed for the original inspection.

[34 F.R. 19061, Dec. 1, 1969]

§ 105.49 Advance deposit.

Before any warehouseman's license or amendment thereto, or any grader's, weigher's, or inspector's license, is granted, or an original, examination or inspection, or reexamination or reinspection applied for by a warehouseman, is made, pursuant to the regulations in this part, the warehouseman, and/or grader, weigher, or inspector, shall deposit with the Service the amount of the fee prescribed therefor. Such deposit shall be made in the form of a check, certified if required by the Service, draft, or post office or express money order, payable to the order of "Treasurer of the United States."

(a) Application for licenses to inspect, grade, or weigh broomcorn under the act shall be made to the Administrator on forms furnished for the purpose by him.

(b) Each such application shall be in English, shall be signed by the applicant, shall be verified by him under oath or affirmation administered by a duly authorized officer, and shall contain or be accompanied by (1) satisfactory evidence that he has passed his twenty-first birthday; (2) the name and location of a warehouse or warehouses licensed, or for which application for license has been made, under the act, in which broomcorn sought to be inspected, graded, and weighed under such license is or may be stored; (3) a statement from the warehouseman conducting such warehouse showing whether the applicant is competent and is acceptable to such warehouseman for the purpose; (4) satisfactory evidence that he has had at least 1 year's experience in the kind of service for which license is sought or the equivalent of such experience and that he is competent to perform such services, except in the case of applicants for weighers' licenses 1 month's experience will be sufficient; (5) a statement by the applicant that he agrees to comply with and abide by the terms of the act and the regulations in this part so far as the same may relate to him; and (6) such other information as the Administrator may deem necessary: Provided, That when application for license to inspect or grade broomcorn is filed by a person who does not intend to inspect or grade broomcorn for any particular licensed warehouseman but who does intend to inspect or grade broomcorn stored or to be stored in a licensed warehouse and to issue inspection or grade certificates therefor, as provided by the act and the regulations in this part, independent of the warehouse receipts issued to cover such broomcorn, it shall not be necessary to furnish such statement as is required by subparagraph (3) of this paragraph.

(c) The applicant shall at any time furnish such additional information as may be deemed necessary to a proper consideration of his application.

(d) A single application may be made by any person for a license to inspect, grade, and weigh, upon complying with the requirements of this section.

§ 105.52 Examination of applicant.

Each applicant for license as an inspector, grader, or weigher, and each licensed inspector, licensed grader, or licensed weigher, whenever requested by an authorized agent of the Department of Agriculture designated by the Administrator for the purpose, shall submit to an examination or test to show his ability to inspect, grade, or weigh broomcorn, as the case may be, and each such applicant or licensee shall furnish the Administration any information which it may request, at any time, in regard to his inspection, grading, or weighing of broomcorn. § 105.53

Posting of license.

Each licensed inspector and each licensed grader shall keep his license conspicuously posted in the office where all or most of the inspecting and grading is done, and each licensed weigher shall keep his license conspicuously posted in the warehouse office, or in such place as may be designated by the Service.

§ 105.54 Duties of licensees.

licensed

Each licensed inspector, grader, or licensed weigher, according to the nature of his license, when requested, shall, without discrimination, as soon as practicable, and upon reasonable terms, sample, inspect, grade, or weigh, and certificate the condition, grade, or weight of broomcorn stored or to be stored in a warehouse for which he holds a license, if such broomcorn be offered to him under such conditions as permit proper sampling, inspection, grading, or weighing. Each such licensee shall give preference to persons who request his services as such over persons who request his services in any other capacity. No sample shall be drawn and no inspection, grade, or weight certificate shall be 1ssued under the act for broomcorn not stored or to be stored in a licensed warehouse.

house in which the broomcorn is or is to be stored; (d) the date of the certificate; (e) the location of the broomcorn at the time of inspection; (f) the identification number or mark on each bale of broomcorn, given in accordance with § 105.32 (a); (g) the condition of the broomcorn for storage at the time of inspection; (h) that the certificate is issued by a licensed inspector, under the United States Warehouse Act and regulations thereunder; (i) a blank space designated for the purpose in which may be stated any general remarks on the condition of the broomcorn; (j) the signature of such licensed inspector. In addition, the inspection certificate may include any other matter not inconsistent with the act or the regulations in this part, provided the approval of the Service is first secured. § 105.56 Grade certificate; form.

Each grade certificate issued under the act by a licensed grader shall be issued on the day the grading was performed, shall be in a form approved for the purpose by the Administrator, and shall embody within its written or printed terms (a) the caption "United States Warehouse Act, Broomcorn Grade Certificate"; (b) whether it is an original, a duplicate, or other copy; (c) the name and location of the licensed warehouse in which the broomcorn is or is to be stored; (d) the date of the certificate; (e) the location of the broomcorn at the time of grading; (f) the identification number or mark of each bale of broomcorn, given in accordance with § 105.32 (a); (g) the grade or other class of each bale of broomcorn covered by the certificate, in accordance with §§ 105.66-105.70, as far as applicable, and the standard or description in accordance with which the grade is made; (h) the approximate amount of broomcorn covered by the certificate; (i) that the certificate is issued by a licensed grader under the United States Warehouse Act and regulations thereunder; and (j) the signature of the licensed grader. In addition, the grade certificate may include any other matter not inconsistent with the Act or the regulations in this part, provided the approval of the Service is first secured. § 105.57 Weight certificate, form.

Each weight certificate issued under the act by a licensed weigher shall be issued on the day the weighing was performed, shall be in a form approved for the purpose by the Administrator, and

hall embody within its written or printed erms (a) the caption "United States Warehouse Act, Broomcorn Weight Cerificate"; (b) whether it is an original, a luplicate, or other copy; (c) the name nd location of the licensed warehouse n which the broomcorn is or is to be stored; (d) the date of the certificate; e) the location of the broomcorn at the ime of weighing; (f) the identification number or mark of each bale of broomcorn, given in accordance with § 105.32 (a); (g) the weight of the broomcorn; h) that the certificate is issued by a licensed weigher, under the United States Warehouse Act and the regulations thereunder; and (i) the signature of such licensed weigher. In addition, the weight certificate may include any other matter not inconsistent with the act or the regulations in this part, provided the approval of the Service is first secured. § 105.58 Combined inspection, grade, and weight certificate.

The condition, grade and weight of any broomcorn ascertained by a licensed inspector, licensed grader, and a licensed weigher may be stated on a certificate meeting the combined requirements of §§ 105.55-105.57. If the form of such certificate shall have been approved for the purpose by the Administrator.

§ 105.59 Copies of certificates to be kept.

Each licensed inspector, each licensed grader, and each licensed weigher shall keep for a period of 1 year in a place accessible to persons financially interested a copy of each certificate issued by him under the regulations in this part and shall file a copy of each such certificate with the warehouse in which the broomcorn covered by the certificate is stored.

§ 105.60 Licensees to permit and assist in examination.

Each licensed inspector, each licensed grader, and each licensed weigher shall permit any officer or agent of the Department of Agriculture, authorized by the Secretary for the purpose, to inspect or examine at any time his books, papers, records, and accounts relating to the performance of his duties under the act and the regulations in this part, and shall, with the consent of the licensed warehouseman concerned, assist any such officer or agent in the inspection or examination of records mentioned

Pending investigation the Secretary, or his designated representative, may whenever he deems necessary, suspend the license of an inspector, grader, or weigher temporarily without hearing. Upon a written request and a satisfactory statement of reasons therefor, submitted by the inspector, grader, or weigher, or when the inspector, grader, or weigher has ceased to perform such services at the warehouse, the Secretary, or his designated representative, may, without hearing suspend or revoke the license issued to such licensee. The Secretary, or his designated representative, may, after opportunity for hearing, when possible, has been afforded in the manner prescribed in this section, suspend or revoke a license issued to a licensed inspector, licensed grader, or licensed weigher when such licensee has in any manner become incompetent or incapacitated to perform the duties of a licensed inspector, grader, or weigher. As soon as it shall come to the attention of a licensed warehouseman that any of the conditions mentioned in this section exist, it shall be the duty of such warehouseman to notify in writing the Administrator. Before the license of any inspector, grader, or weigher is permanently suspended or revoked pursuant to section 12 of the act, such licensee shall be furnished by the Secretary, or by his designated representative, а written statement specifying the charges and shall be allowed a reasonable time within which he may answer the same in writing and apply for a hearing, an opportunity for which shall be afforded in accordance with § 105.75.

[5 FR. 1205, Mar. 29, 1940, as amended at 18 F. R. 8730, Dec. 80, 1948]

(a) In case a licensed issued to an inspector, grader, or weigher is suspended or revoked by the Secretary, or his designated representative, such license shall be returned to the Secretary. At the expiration of any period of suspension of such license, unless in the meantime it be revoked, the dates of the beginning and termination of the suspension shall be indorsed thereon and it shall be returned to the person to whom it was originally issued, and it shall be posted as prescribed in § 105.53.

(b) Any license issued to an inspector, grader, or weigher, shall automatically be suspended or terminated as to any licensed warehouse whenever the license of such warehouse shall expire or be suspended or revoked. Thereupon, the license of such inspector, grader, or weigher shall be returned to the Secretary. In case such license shall apply to other warehouses the Secretary, or his designated representative, shall issue to him a new license, omitting the names of the warehouses covering which licenses have been so suspended or revoked. Such new license shall be posted as prescribed in § 105.53.

§ 105.64 Lost or destroyed licenses.

Upon satisfactory proof of the loss or destruction of a license issued to an inspector, grader, or weigher, a duplicate thereof may be issued under the same number.

§ 105.65 Unlicensed inspector or weigher; misrepresentation.

No person shall in any way represent himself to be an inspector, grader, or weigher licensed under the act unless he holds an unsuspended or unrevoked license issued under the act to perform such duties.

BROOMCORN CLASSIFICATION

§ 105.66 Variety, grade, and condition;

of broomcorn shall be stated as far as applicable, (a) in accordance with tentative standards of the United States, if any; (b) in accordance with the State standards, if any, established in the State in which the warehouse is located; (c) in the absence of any State standards, in accordance with the standards, if any, adopted by any broomcorn organization or by the broom or broomcorn trade generally in the locality in which the warehouse is located, subject to the disapproval of the Administrator or (d) in the absence of any of the aforesaid standards, in accordance with any standards approved for the purpose by the Administrator.

§ 105.68 Grade and condition based on whole bale.

to be

Whenever the variety, grade, or condition of broomcorn is stated for the purposes of the act and the regulations in this part, the terms used shall be correctly applied and shall be so selected as not to convey a false impression of the broomcorn. In determining the variety, grade, or condition of a bale of broomcorn, the bale as a whole shall be considered rather than parts of it which do not materially affect the value of the entire bale. § 105.69 Statement of grade.

Whenever the grade of broomcorn is stated for the purposes of the act and the regulations in this part, it shall be based upon a careful and thorough examination of the bale of broomcorn or a representative sample thereof. In case the broomcorn in one part of a bale or sample is inferior to that in other parts of the bale or sample, the grade assigned to the broomcorn shall be an average considering the proportion that each part bears to the whole, and in case of a question as to which of two or more grades should be assigned to the broomcorn, the lowest grade in question shall be assigned.

§ 105.70 Statement of condition.

Whenever the condition of broomcorn is stated for the purposes of the act and the regulations in this part, it shall be based upon a careful and thorough examination of the bale of broomcorn.

ition of the broomcorn was correctly tated in a receipt, inspection certificate, grade certificate, or weight certificate ssued under the act and the regulaions in this part, or as to whether

sample was properly drawn by a licensed inspector in accordance with the regulations in this part, the licensed warehouseman concerned or any person inancially interested in the broomcorn nvolved may, after reasonable notice to the other interested party, submit the question to an arbitration committee for determination in accordance with this section.

(b) Such arbitration committee shall be composed of three or more disinterested persons who are competent to pass upon the questions involved. If there be a local trade organization such as a board of trade, chamber of commerce, exchange, or inspection department which provides such a committee under a rule or practice acceptable to the Administrator for the purpose, such committee may determine the question. In the absence of such a committee, or if for any good reason not inconsistent with the act and the regulations in this part such committee is not acceptable to either of the parties interested, the complainant and the other party shall each name a member and the two members so named shall select a third member, who shall constitute the arbitration committee. Each member of any such committee shall at all times be subject for good cause to the disapproval of the Administrator, and in case any member is so disapproved he shall not thereafter act on an arbitration committee under this section unless such disapproval be withdrawn

(c) It shall be the duty of such parties to acquaint the arbitration committee with the exact nature of the question to be determined and all the necessary facts and to permit the committee to examine the receipt, certificate, sample, or broomcorn involved or any papers or records needed for the determination of the question. The committee shall make a written finding setting forth the question involved, the necessary facts, and its determination. Such findings, or a true copy thereof, shall be filed as a part of the records of the licensed warehouseman involved. It may dismiss the matter without determination upon the request of the complainant, or for noncompliance by the complainant with the law or the regulations in this part, or because it is

without sufficient evidence to determine the question, in which case the decision shall be deemed to be against the complainant. Except as otherwise provided by law, its decision shall be final for the purposes of the act and the regulations in this part, unless the Administrator shall direct a review of the question. Any necessary and reasonable expense of such arbitration shall be borne by the losing party, unless the committee shall decide that such expense shall be prorated between the parties.

(d) If the decision of the arbitration committee be that the variety, grade, or condition was not correctly stated, the receipt or certificate involved shall be returned to and canceled by the licensee who issued it and he shall substitute therefor one conforming to the decision of the committee. If the decision of the committee be that a sample was not properly drawn in accordance with the regulations in this part, it shall cease to be a sample for the purposes of the regulations in this part, and the licensed inspector, at the request of any of the parties to the arbitration, shall draw and substitute a new sample, complying with the regulations in this part with respect to such sample.

Every person apply for a license, or licensed under section 9 of the act shall be subject to all portions of the regulations in this part, except § 105.5, so far as they may relate to warehousemen. In case there is a law of any State providing for a system of warehouses owned, operated, or leased by such State, a person applying for a license under section 9 of the act, to accept the custody of broomcorn and to store the same in any of said warehouses, may in lieu of a bond or bonds, complying with §§ 105.11 and 105.12, file with the Secretary a single bond meeting the requirements of the act and regulations in this part, in such form and in such amount not less than $5,000 as he shall prescribe, to insure the performance by such person, with respect to the acceptance of the custody of broomcorn and its storage in the warehouses in such system for which licenses are or may be issued, of his obligations arising during the periods of such licenses, and in addition, if desired by the applicant, during the periods of any modifications