chartered steamers whether carrying for hire or otherwise.

(j) "Apples" means fresh whole apples whether or not they have been in storage.

(k) "Pears" means fresh whole pears whether or not they have been in storage.

(1) "Less than carload lots" means any lot of apples or pears of less than 400 bushels in packages.

(m) "Farm Products Inspection Act" means the following provisions of the Department of Agriculture Appropriation Act, 1947 (Pub. Law 422, 79th Cong. 2d sess.), or any other act of Congress conferring similar authority:

For enabling the Secretary to investigate and certify, in one or more jurisdictions, to shippers and other interested parties the class, quality, and condition of cotton, tobacco, fruits, and vegetables, whether raw, dried, canned, or otherwise processed, poultry, butter, hay, and other perishable farm products 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

(n) "Certificate" or "export from certificate" means a statement that a designated lot of apples or pears meets the requirements of the Export Apple and Pear Act included in and made a part of (1) a certificate issued under the Farm Products Inspection Act or under section 14 of the Perishable Agricultural Commodities Act, 1930 as amended (46 Stat. 531; 7 U. S. C. 499a et seq.), or (2) a memorandum in a form approved by the Director and issued in lieu of an export form certificate.

ADMINISTRATION

§ 33.3 Director. The Director shall perform, for and under the supervision of the Secretary and Administrator, such duties as the Secretary or Administrator may require in the administration and enforcement of the act and the regulations in this part.

MISCELLANEOUS

§ 33.4 Inspection certificate. The regulations issued under the Farm Products Inspection Act governing the inspection and certification of fresh fruits and vegetables, as amended (7 CFR 51.1 et seq.)

and as the same may, from time to time, be amended, insofar as the aforesaid regulations apply to apples or pears, are hereby adopted and made a part of the regulations in this part for the purposes of the act except when in conflict with specific regulations herein set forth; and all persons authorized to issue certificates of grade or condition of fresh fruits and vegetables under the said Farm Products Inspection Act are authorized to issue the certificate required, under the act and under the regulations in this part, for apples and pears.

§ 33.5 Form of certificate. A Farm Products Inspection Act certificate bearing in prominent letters across the face thereof the words "Export Form Certificate" shall, when issued hereunder, be issued only for apples or pears inspected and certified in accordance with the provisions of the act and the regulations in this part and shall include the following printed or typed statement: "The apples or pears covered by this certificate meet the requirements of the Export Apple and Pear Act."

§ 33.6 Analysis; certificate. If the apples or pears in any shipment for export are to be analyzed for any spray residue and the chemist's report is not available at the time the inspection for grade is finished, the inspector may, if practicable, issue a certificate subject to its being rescinded within 48 hours after issuance should the chemist's analysis show that the apples or pears do not comply with the tolerances for any such spray residue established under the Federal Food, Drug and Cosmetic Act, as amended (52 Stat. 1040; 21 U. S. C. 301 et seq.).

§ 33.7 Delivery of certificate. If, at the time of billing for shipment in export, a certificate shall have been issued under the provisions of the act and the regulations in this part, such certificate or a copy thereof, on a form approved by the Director, shall be delivered by the shipper or his agent to the initial carrier for delivery to the proper official of any carrier on which the apples or pears, covered by the certificate or the copy thereof, as aforesaid, are to be exported.

§ 33.8 Requirements for shipments— (a) Export of apples or pears. No person shall ship, offer for shipment, transport, or offer for transportation to a foreign country apples or pears in packages except in accordance and compli

(c) Split shipments. When a certificate has been issued covering a lot of apples or pears and the shipper desires to export part of the lot by one carrier and part by another carrier, such certificate or copy thereof, as aforesaid, shall be delivered to each carrier.

(d) Representation of issuance, without copy of certificate, not acceptable. No carrier shall accept for shipment a part of a lot of apples or pears in packages upon the representation by the shipper or his agent or by the initial carrier that a certificate has been issued covering the entire lot of such apples or pears, but shall require that such certificate or a copy thereof, as aforesaid, be delivered to such carrier.

§ 33.9 Method of inspection and certification. When a shipment of apples or pears in packages is made to a foreign country under a through bill of lading or under a bill of lading marked for export, the shipper shall, except as provided in § 33.18, secure inspection of the apples or pears in such shipment and deliver to the local agent of the carrier the certificate or copy thereof, as aforesaid, covering such shipment. Such local agent shall attach such certificate or copy thereof to the waybill or make a notation on the waybill that the fruit has been inspected and that a certificate has been issued as provided herein. Inspection of a shipment of apples or pears in packages, not under a through bill of lading to a foreign country or not under a bill of lading marked for export, may be obtained at point of origin of such shipment, if inspection is available, or at any convenient point en route to or at destination.

§ 33.10 handling. Any person operating any carrier shall, within 72 hours after such carrier sails from any port, send to the Director of the Fruit and Vegetable Branch, Production and Marketing Ad

Noncertificated shipments;

ministration, Washington 25, D. C., a list of all shipments of apples or pears in packages on board such carrier which are not accompanied by certificates or copies thereof, as aforesaid, and shall give all particulars with reference thereto, including, but not being limited to, destination, quantity, description, marks, names and addresses of shippers and consignees, and names of railroads or persons having delivered such shipments to such carrier, with car numbers or other means of identification. The furnishing of the foregoing information shall not relieve any person operating a carrier, as aforesaid, from liability under the act or the regulations in this part if the facts warrant prosecution.

§ 33.11 Special certificates. A special certificate in compliance with the standards or requirements of any foreign country as to condition of apples or pears shall, as authorized by section 3 of the act, be issued as a part of, or in addition to, an export form certificate. A reasonable additional fee may be charged when the inspection necessary for the issuance of such special certificate requires additional time or an examination or certification at some time or place other than that at which the original inspection was made.

§ 33.12 Issuance of certificate; requirements. The issuance of a certificate does not excuse any person who fails to comply with any regulatory laws or requirements applicable to apples or pears shipped in foreign commerce. No certificate shall be issued except upon a showing satisfactory to the Director that the apples or pears shipped in foreign commerce comply with the tolerances for any arsenical or lead spray residue established under the Federal Food, Drug or Cosmetic Act, as aforesaid.

§ 33.13 Minimum quality requirements for shipments in export-(a) Apples. Any lot of apples in packages shipped or transported in foreign commerce must meet each minimum requirement of the U. S. Utility or the U. S. Utility Early grade, as specified in the United States Standards for Apples, issued by the Department in October 1937 and reissued in October 1939, subject to the tolerances for the applicable grade, except that such apples shall not contain apple maggots and, of such apples, not more than 2 percent may have apple maggot injury and not more than 2 per

cent may be infested with San Jose scale: Provided, That any lot of applies in containers conspicuously marked "cannery" may be shipped or transported, as aforesaid, if such lot of apples meets each minimum requirement of the U. S. No. 2 grade, as specified in the U. S. Standards for Cannery Apples (1930), issued by the Department on July 23, 1930, and reissued on August 30, 1943, subject to an aggregate tolerance of 10 percent for defects of this grade.

(b) Pears. Any lot of pears in packages shipped or transported in foreign commerce must meet each minimum requirement of the applicable U. S. No. 2 grade, as specified (1) in the U. S. Standards for Summer and Fall Pears, such as Bartlett, Hardy, and other similar varieties, effective June 27, 1940, issued by the Department on June 26, 1940, and reissued September 3, 1942, or (2) in the U. S. Standards for Winter Pears, such as Anjou, Bosc, Nellis, Comice, and other similar varieties, effective July 8, 1940, issued by the Department on June 28, 1940, and reissued on May 20, 1942, subject to the tolerances permitted for such applicable grade, except that such pears shall not contain apple maggots and, of such pears, not more than 2 percent may have apple maggot injury and not more than 2 percent may be infested with San Jose scale: Provided, That any lot of pears in containers conspicuously marked "cannery" may be shipped or transported, as aforesaid, if such lot of pears meets each minimum requirement of the U. S. No. 2 grade, as specified in the U. S. Standards for Pears for Canning, effective June 12, 1939, issued by the Department on June 6, 1939, and reissued September 13, 1939, subject to an aggregate tolerance of 10 percent for defects of this grade.

(c) Exception to maturity requirements. Any lot of apples or pears in packages shipped to a trans-Pacific port need not comply with the maturity standards of the applicable grade, if the packages are conspicuously marked or branded with the words "Immature fruit."

§ 33.14 Less than carload lots. Shipments of less than carload lots of apples or pears to Mexico, Cuba, the West Indies, Bahamas, Bermuda Islands, Newfoundland, or other islands adjacent to North America, or to any country in Central America or South America except Argentina, or to any African port

not on the Mediterranean Sea, or to any trans-Pacific port, need not comply with the requirements of the act or the regulations in this part: Provided, That any shipment of apples or pears of less than 200 pounds gross weight in packages to any foreign destination shall not be subject to the provisions of the act or the regulations in this part.

§ 33.15 Packing and marking requirements for shipments in export-(a) Packages; packing. Each package shall be packed so that the apples or pears in the shown face shall be reasonably representative in size, color and quality of the contents of the package.

1

(b) Packages; marking. Any package of apples or pears shipped in foreign commerce shall be plainly and conspicuously marked with (1) the name and address of the grower or packer; (2) the variety of the apples or pears; (3) the grade names, not lower than those specified in § 33.13; and (4) the numerical count or the minimum size of such apples or pears.

§ 33.16 Fee for certificate. The fee for the issuance of a certificate shall be the fee charged at that time and place where a certificate is issued for an inspection made under the Farm Products Inspection Act: Provided, That when any lot of apples or pears, with respect to which a farm products inspection certificate has been issued stating that the fruit meets the requirements of the act and the regulations of this part, arrives at any terminal market or point of export, an export form certificate may be substituted for such farm products inspection certificate for a fee of $1.00, or, for a similar fee, such farm products inspection certificate may be stamped with the words "Export Form Certificate."

§ 33.17 Complaint, notice, hearing, and order. Upon receipt of complaint from any person alleging that any apples or pears have been shipped or transported in foreign commerce in violation of any of the provisions of the act or the regulations in this part; the Director shall cause such investigation of the facts to be made as he deems proper. If it appears from the investigation that there has been a violation of the act or the regulations in this part, the Director shall cause notice to be given to the person accused of the nature of the charges against him and of the specific cases in which violation of the act or the regula+

tions in this part is charged. The person accused shall be given an opportunity for a hearing not less than 10 days after notice of such hearing has been served upon him. At such hearing the person complained of will be entitled to be present in person or by counsel and to submit evidence and argument in his behalf. Any order to withhold the issuance of a certificate, as provided in section 6 of the act, will be effective from the date of its service upon the person found to have been guilty. Such order will state the inclusive dates during which it is to remain in effect, and during this period no inspector employed or licensed by the Secretary under the Farm Products Inspection Act shall issue any certificate to such person.

§ 33.18 Service of notice or order. Service of any notice or order required by the act or prescribed by the regulations in this part shall be deemed sufficient if made by registered mail or personally upon the person served. If it is impossible to make service, as aforesaid, upon the person named in the notice or order, service may be made by leaving a copy of such notice or order with an employee or agent at such person's usual place of business or abode or with any member of his immediate family at his place of abode. If the person named is a partnership, association, or corporation, service may similarly be made by service on any member of the partnership or any officer, employee, or agent of the association or corporation.

§ 34.1 Definitions. (a) "Secretary" means the Secretary of Agriculture of the United States.

(b) "Administrator" means the Administrator, Production and Marketing Administration, United States Department of Agriculture, or any employee of the United States Department of Agriculture to whom authority has heretofore lawfully been delegated or to whom authority may hereafter lawfully be delegated to act in his stead.

(c) "Director" means the Director of the Tobacco Branch, Production and Marketing Administration, United States Department of Agriculture.

(d) "Act" means the Tobacco Seed and Plant Exportation Act.

ADMINISTRATION

§ 34.2 Administrator. The Administrator is charged with the administration of the provisions of the act and the regulations in this part.

PERMITS

§ 34.3 Permit required. No tobacco seed or live tobacco plants may be exported from the United States or any Territory subject to the jurisdiction thereof to any foreign country, port, or place unless such exportation or transportation shall have been authorized in advance by a written permit of the Secretary countersigned by the Director.

§ 34.4 Restrictions upon issuance of permits. (a) Permits will be granted only where the evidence indicates that the consignee is a representative of a government institution or an agency engaged in conducting agricultural experiments in the course of scientific research.

(b) Quantities permitted to be exported will be restricted to 14 grams or 1⁄2 ounce of seed or 500 live plants of any one variety, with the exception of the species Nicotiana rustica, to which this restriction will not apply.

§ 34.5 Method of obtaining permits. Applications for permits shall show the following information:

(a) Name and address of exporter. (b) Name, official title, address of person to whom the seed or plants are to be consigned, and the institution at which research is to be conducted.

(c) Type and variety of seed or plants. (d) Nature of experiments to be conducted and objectives sought.

(e) Method of shipment proposed. (f) Port of exit or post office of mailing.

(g) The intended date of exportation.

§ 34.6 Exceptions. Shipments of tobacco seed or plants originating in a foreign country and entering or leaving a port of the United States in transit through the territory of the United States to a foreign country will not require a permit under the terms of this part.

INSTRUCTIONS TO SHIPPERS

§ 34.7 Marking packages. Packages or parcels containing tobacco seed or plants, the exportation of which has been authorized, shall be marked "Tobacco Seed and Plant Export Permit No.‒‒‒‒‒‒” with the permit number inserted in the blank space.

§ 34.8 Shipments by mail. The permit must be filed by the consignor with the Postmaster at the office of mailing.

§ 34.9 Shipments by railway, ferry boat, or vehicle. The permit must be filled with the Collector of Customs at the port from which the shipment is to be exported.

§ 34.10 Shipments by seagoing vessel or airplane. The permit must be filed with the Collector of Customs at the port of lading on board the exporting vessel or airplane at least 24 hours before departure; and, in the case of shipment by a seagoing vessel, the permit must be filed at least 24 hours before the lading of such vessel.

DISPOSITION OF USED PERMITS

§ 34.11 Procedure. Permits filled with postmasters and collectors of customs shall be stamped or endorsed to show the place and date of filing, and shall be mailed to the following address: Tobacco Branch, Production and Marketing Administration, United States Department of Agriculture, Washington 25, D. C.

§ 41.1 Meaning of words. Words used in this part in the singular form shall be considered to import the plural, or vice versa, as the case may demand.

§ 41.2 Definitions; general. For the purpose of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(a) "Act of 1916" means the U. S. Standard Container Act approved August 31, 1916, as amended (39 Stat. 674; 48 Stat. 930; 15 U. S. C. 251-256);