which has been sold, offered for sale, or consigned for sale, or which has been shipped or delivered for shipment, in interstate or foreign commerce.

(s) Dispute. The submission by an interested party pursuant to section 4 of the act, of a dispute as to the grade of any grain which has been sold, offered for sale, or consigned for sale by grade, and shipped without inspection in interstate or foreign commerce, from a place at which there is no inspector licensed under the act to a place at which there is no such inspector.

A

(t) Established inspection point. town, city, port, or other area within which a licensed inspector is located, has his license posted and approved, and performs inspection service regularly.

A

(u) Designated inspection point. town, city, port, or other area designated by a licensed inspector, other than his established inspection point, within which he regularly performs sampling and inspection service at the request of interested parties.

(v) Interested party. A person financially interested in a transaction involved in an appeal or a dispute.

(w) Appellant. An interested party taking an appeal under the act, from an inspection and grading performed by a licensed inspector.

(x) Complainant. An interested party submitting a dispute as to the grade of grain, pursuant to section 4 of the act.

(y) Respondent. An interested party in an appeal or a dispute other than the appellant or the complainant.

[6 F. R. 4352, as amended at 13 F. R. 8727]

ADMINISTRATION

§ 26.3 Authority. The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and of this part.

LICENSED INSPECTORS

§ 26.4 Form of application. Applications for licenses shall be made to the Secretary upon forms furnished for the purpose by the Administrator or by any District Headquarters office. Each such application shall fully and truly state the information therein required and shall be signed by the applicant.

§ 26.5 Application of State grain inspectors. In case the applicant is a State grain inspector, the application

shall contain or be accompanied by satisfactory evidence thereof, and shall otherwise comply with § 26.4.

§ 26.6 Additional contents of application. In case the applicant is not a State grain inspector, his application shall contain or be accompanied by (a) satisfactory evidence that he (1) has passed his twenty-first birthday and (2) has had at least 1 year's experience as an inspector of grain of the kind for which a license is sought, or the equivalent of such experience; (b) a schedule of the fees which it is expected will be charged for his services as a licensed inspector; (c) satisfactory assurance that he will have available to him and subject to his direction the necessary equipment and facilities for inspecting and grading grain of the kind for which a license is sought.

§ 26.7 Applicant to be examined for competency. Each applicant for a license, other than a State grain inspector, whose application complies with the requirements of §§ 26.4 and 26.6 shall, if so required by the Administrator, be examined, for the purpose of determining his competency, at such time and place and in such manner as may be prescribed by the Administrator or by any officer of the Department designated by him for the purpose.

§ 26.8 Issuance of temporary licenses. In the discretion of the Secretary, in a case of special urgency and upon presentation to him of satisfactory evidence of the competency of the applicant, without compliance with §§ 26.4 to 26.7 inclusive, a temporary license may be issued, valid only for the period therein specified, not exceeding 60 days. temporary licensee shall be subject to all the provisions of the act and the regulations thereunder.

A

§ 26.9 License, property of Department. Each license shall be the property of the Department, but the licensee to whom issued shall, except as provided in § 26.10, have the right to the possession thereof.

§ 26.10 Return of license. Whenever any license shall have been superseded, suspended, canceled, or revoked, the same shall be returned to the Secretary through the District Headquarters office in the inspector's district.

§ 26.11 Conditions governing license. Each license issued shall be on condition

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that the licensee will, during the term of his license, apply the standards correctly and will comply with all the provisions of the act and the regulations thereunder.

DUTIES OF LICENSED INSPECTORS

§ 26.12 Inspector to post license. Immediately upon receipt of his license, each licensed inspector shall submit in writing to the Administrator a statement showing (a) the name of the town, city, port or other area, properly identified as to limits and boundaries, within which he will be located and within which he will perform inspection services regularly, (b) address at which his license will be posted, (c) the inspection arrangements at such point, and (d) the inspection equipment and apparatus which will be available to him. If the Administrator, or any officer of the Department designated by him for the purpose, is satisfied that the inspection arrangements and facilities at the disposal of such licensed inspector are adequate and in accordance with the requirements of the act and the regulations in this part, he shall approve such place of posting as an established inspection point. Such license thereafter shall be kept conspicuously posted at such approved place and shall not be removed to any other place unless notice in advance be given by the licensee to the District Headquarters office for the district in which the posting was last approved. Immediately after such notice such inspector shall secure approval of the new place of posting as provided in this section.

§ 26.13 Inspector to give notice of changes. Each licensed inspector shall immediately, in writing or by telegraph, inform the District Headquarters office in his district of any change in the point or points where he performs service as a licensed inspector, or in the nature of his duties or of his employment, or of any suspension of his activities for such length of time as to impair the inspection facilities at any point, and except in case of a State grain inspector, of any change in the schedule of fees for services performed by him as a licensed inspector.

§ 26.14 Reporting violations, adulteration, irregularly loaded cars. Each licensed inspector shall immediately report to the District Headquarters office of his district evidence coming to his knowledge tending to show:

(a) That any provision of the act or regulations has been violated;

(b) That any grain, inspected and graded, or to be inspected and graded, under the act or regulations has been irregularly loaded, or so loaded as to conceal evidently inferior grain, or has been improperly inspected and graded by any licensed inspector; or

(c) That any grain has been or is to be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act of June 25, 1938 (52 Stat. 1040; 21 U. S. C. 301-392), as amended, by the addition of water, dirt, screenings, or other material, whether the grade be changed or not.

§ 26.15 Instructions by Federal grain supervisor. Each licensed inspector shall execute diligently all instructions for carrying out the act and the regulations, issued to him, directly or indirectly, by the grain supervisor in charge of the district wherein his license is posted, or by any officer of the Department engaged in administering the act and regulations, and, upon request, shall advise such grain supervisor in full detail of any facts regarding inspection and grading equipment used by him, inspection services performed by him, and compensation received therefor.

§ 26.16 Instructions by chief inspectors. No chief, or supervising inspector, licensed under the act, shall issue to licensed inspectors under his supervision any instructions inconsistent with the act or regulations. Each licensed inspector shall immediately report to the District Headquarters office for the district in which his license is posted, any instructions issued contrary to this section.

§ 26.17 Discriminatory and unreasonable fees forbidden. Whenever, after citation, the Administrator shall determine that discrimination has been practiced or unreasonable fees demanded by any licensed inspector, he may order their discontinuance. Failure on the part of any licensee to conform to such order shall be regarded as a violation of this section.

§ 26.18 Inspection and grading consist of. Inspection and grading of a lot or parcel of grain tendered for inspection and grading under the act shall consist of taking and examining a representative sample thereof and making such tests as are necessary to determine its grade. For each inspection and grading, a certificate of grade shall be issued, and

failure on the part of a licensed inspector to issue such certificate of grade will be regarded as a violation of this section.

§ 26.19 Inspection and grading, when required. Each licensed inspector whose license remains in effect shall, without discrimination, as soon as practicable, and upon reasonable terms, inspect, grade, and issue a certificate of grade for each inspection of any grain of the kind mentioned in his license the inspection and grading of which are required under the act, provided such grain be offered and made accessible during customary business hours at the point where he performs service as a licensed inspector, and under conditions which permit the taking of a representative sample and the proper determination of the grade of the grain.

§ 26.20 Inspector may inspect grain, when. Each licensed inspector may, at any time upon request of any interested party, inspect, grade, and certificate the grade of grain for which he holds a license, at any point, if the conditions permit the taking of a representative sample and the proper determination of the grade of the grain, provided that no licensed inspector shall perform inspection service at any regularly established inspection point other than the market in which his license is posted without notifying and securing in advance the approval of the grain supervisor in charge of the District Headquarters office in which the grain is to be inspected. Whenever a licensed inspector shall designate a point for inspection, in addition to his established inspection point, he shall in advance furnish such information regarding sampling, inspection equipment, and inspection arrangements, as may be required by the grain supervisor in charge of his district and shall secure approval thereof by the Administrator or by such officer of the Department as may be designated by the Administrator for the purpose. Thereafter no other licensed inspector shall perform inspection and grading service at such designated point for inspection without securing in advance the approval of the grain supervisor. This section shall not be construed to prevent a State grain inspection department from transferring its employees to established inspection points where their services may be required within such State.

§ 26.21 Inspection and grading to be based on representative sample. No li

censed inspector shall issue a certificate of grade for any grain unless the inspection and grading thereof be based upon a correct and representative sample of the grain and be made under conditions which permit the determination of its true grade, except as provided in §§ 26.22 and 26.34. Each licensed inspector shall take proper precautions to insure that no sample be exposed to manipulation which would deprive it of its representative character from the time of its collection until the grade be determined. No sample shall be deemed to be representative unless of the size, and procured in accordance with the methods, prescribed in instructions issued by the Administrator or by such officer of the Department as may be designated by him for the purpose, which are in effect at the time of the inspection and grading.

§ 26.22 Inspection and grading of submitted samples. Any licensed inspector may inspect and grade a submitted sample or package of grain, provided that the certificate issued in such case clearly shows that the inspection and grading covers only the submitted sample or package as required by § 26.29.

§ 26.23 Inspector not to be financially interested in grain. No licensed inspector shall issue a certificate of grade for any lot of grain in which he is directly or indirectly financially interested.

§ 26.24 Qualifications of sampler. No licensed inspector shall issue certificate of grade for a lot or parcel of grain based upon a sample thereof drawn by a sampler who is not employed by him or his inspection department, or who is not an employee of the United States Department of Agriculture approved for the purpose by a grain supervisor, or who is interested, financially or otherwise, directly or indirectly, in the grain involved or in any grain elevator or warehouse or in the merchandising of grain, or who is in the employment of any person or corporation owning or operating a grain elevator or warehouse, or who the licensed inspector knows or has reason to believe is incompetent.

§ 26.25 Reinspections. No licensed inspector shall issue a certificate of grade which supersedes a previous inspection and grading, except on the following conditions:

(a) When the application for reinspection has been filed not later than the close of business on the second business

day following the date of the inspection to be superseded;

(b) Before the identity of the grain has been lost and before the grain has left the place where the inspection to be superseded was performed;

(c) When the superseding inspection and grading are based on a representative sample;

(d) When the superseding inspection and grading are performed as promptly as possible after the application for reinspection has been filed; and

(e) When to the inspector's knowledge no Federal appeal has been taken from the inspection and grading which are to be superseded.

Reinspection

certificates.

§ 26.26 Whenever any licensed inspector shall issue a certificate of grade as the result of a reinspection, such reinspection certificate shall bear a conspicuous notation on the face thereof indicating the fact of such reinspection and shall clearly identify the certificate which it supersedes.

§ 26.27 Inspection not to be made, when. No inspection shall be made of any grain which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other enclosure into which the grain is to be loaded is in such condition as to contaminate the grain or lower the grade.

§ 26.28 Form of certificate to be approved. No certificate of grade shall be issued under the act until its form has been approved by the Administrator, or by such officer of the Department as may be designated by him for the purpose.

§ 26.29 Certificates, form of. Each certificate of grade issued under the act by a licensed inspector shall, except as permitted in § 26.28, embody within its written or printed terms:

(a) The caption Grain Inspection Certificate;

(b) A statement showing whether it is an original or a duplicate, or other copy;

(c) A statement showing whether the inspection represents an in, out, export, cargo, submitted sample, reinspection, "in" heavily loaded car, local elevator bin, or otherwise, as the case may require.

For "in" inspections of grain arriving at any inspection point in railway cars, except in the case of a heavily loaded car as provided in § 26.34, the certificate shall

have stamped or printed upon either the face or the reverse side thereof substantially the following:

This certificate is valid for "in" inspection, but not for "out" inspection, except when shipment is made in the same car not later than close of second business day after date hereof and without removal of grain or any change of its identity.

If printed or stamped on the reverse side, the words "See reverse side" shall be conspicuously stamped or printed on the face of the certificate;

(d) The name of the State, board of trade, chamber of commerce, exchange, or other organization, if any, by which the licensed inspector is regularly authorized or employed to inspect and grade grain;

(e) The name of the established inspection point at which the licensed inspector performs inspection service regularly;

(f) The consecutive number, or other means of identification, of the certificate;

(g) The date the inspection was performed;

(h) The statement that the certificate is issued by an inspector holding a license, under the United States Grain Standards Act, to inspect and grade the kind of grain covered by the certificate;

(i) The location of the grain at the time of sampling, and its identification by (1) car initials, car number, and name of carrier or other owner or operator of track, or (2) name or other designation of boat or vessel and hold number or other place of stowage, or (3) name or other designation of elevator or warehouse and of bin or compartment, or (4) otherwise as the case may require;

(j) A statement of the approximate quantity of grain covered by the certificate stated either in carloads, or in bushels, or by weight;

(k) The kind of grain covered by the certificate;

(1) The grade of the grain, as determined by such licensed inspector, according to the official grain standards of the United States;

(m) A statement of the factor or factors that determine the grade, except in the case of grade No. 1. Certificates for grain of any grade may contain a statement of any or all factor determinations. The requirements of this paragraph shall not be mandatory on certificates issued for export shipments;

(n) A statement of the test weight per bushel whether or not such factor determines the grade. In the case of wheat and rye the test weight shall be stated in terms of pounds and tenths of a pound. In the case of corn, barley other than western barley, oats, feed oats, mixed feed oats, grain sorghums, flaxseed, soybeans, and mixed grain, the test weight shall be stated in terms of whole and half pounds and for this purpose a fraction of a pound when equal to or greater than one-half shall be treated as one-half and when less than one-half shall be disregarded. In the case of western barley, the test weight shall be stated in terms of whole pounds and shall appear in the grade designation only. The requirements of this paragraph, except for test weight of western barley, shall not be mandatory on certificates issued for export shipments.

(o) A statement of the moisture content in terms of whole percent and tenths of a percent for any grain graded "tough"; and may contain a statement of the moisture content in terms of whole percent and tenths of a percent for any grain of any grade. The requirements of this paragraph shall not be mandatory on certificates issued for export shipments;

(p) The signature of the licensed inspector who determined the grade of the grain, affixed by him or by his authorized agents; and

(q) In case of an inspection of a submitted package or sample of grain, the words "Sample Inspection" in conspicuous type, together with a statement which shall clearly show that the inspection covers only the package or sample submitted and does not represent the grade of the lot or parcel of grain from which the portion submitted purports to have been taken.

§ 26.30 Additional statements on certificates subject to approval. In addition to the matters required or permitted by the regulations, the certificate of grade may include only such additional matter as may be approved by the Administrator, or by such officer of the Department as may be designated by him for the purpose.

§ 26.31 Signature of inspector. When the signature of the licensed inspector is affixed by his authorized agent, the agent shall identify himself on such certificate in connection with such signature, by initialing or otherwise.

§ 26.32 Date of inspection. In order to determine the date of inspection and grading at any point for the purposes of the regulations in this part, each day shall be deemed to end at midnight unless otherwise fixed by agreement of the licensed inspectors and the trade at such point with the approval of the supervisor in charge of the District Headquarters office for the district in which such inspection point is located.

§ 26.33 Certification of crop year, prohibited. No inspector licensed under the act shall certify or otherwise indicate in writing that any grain for which standards have been established is "new crop," or "old crop," nor the year in which any grain was produced.

§ 26.34 "Heavily loaded car" certificates. In case any licensed inspector is called upon to make an "in" inspection and grading of a carload of grain, in sacks or in bulk, which is so heavily loaded as to make it possible to secure only a door probe, shallow probe, door sack probe, or interior surface sack probe, sample of the carlot, and appears not to have been irregularly loaded; and the licensed inspector has no reason to believe is so loaded as intentionally to conceal evidently inferior grain, he may, if the act and the regulations be otherwise complied with, inspect and grade such carlot of grain and issue a certificate of grade therefor, upon the conditions set forth in this section.

(a) The inspection and grading of such grain must be based upon a sample which represents all of the grain which can be reached by the use of the customary probes in the drawing of samples from such grain.

(b) The certificate must show that it represents an “in” inspection.

(c) There must be legibly and conspicuously stamped or printed on the face of such certificate the words "heavily loaded car."

(d) The certificate must bear a legible statement indicating the kind of sample obtained.

(e) The certificate must bear the following statement, "This certificate not valid for 'out' inspection."

(f) The statements required by paragraphs (d) and (e) may appear either on the face or the reverse side of the certificate but if either statement appears on the reverse side, the words "See reverse side of this certificate" shall be