order drawn to the order of "Treasurer of the United States."

The grain supervisor in charge of a District Headquarters office shall hold each deposit in his custody until the final Federal appeal grade certificate or final Federal dispute grade certificate shall have been issued, and it has been determined, in case of an appeal, whether the same has been sustained or not sustained. In case an appeal is not sustained, and in case of a dispute, the sum received by the grain supervisor as a deposit, shall be transmitted to the Department for deposit in the Treasury of the United States of such amount as may be due the Government, and for the refund of any excess deposit to the depositor thereof.

HEARINGS

§ 26.77 Hearings, notice, and record. Notice shall be given of any oral hearing under this part. The hearing shall be held before and at a time and place fixed by the Administrator, or an officer of the Department designated by him for the purpose. Such hearing shall be in accordance with § 26.79. A copy of the charges, copies of all other notices and orders, and all the evidence shall be made a part of the records of the Department.

§ 26.78 Section 5 cases. In case a hearing is ordered in connection with an alleged violation of, or an investigation under, section 5 of the act, a written notice of the time and place of such hearing shall be given by the Secretary or the Administrator to the owner or shipper of the grain involved, to the licensed inspector, if any, who inspected the grain, and any other interested parties, such reasonable time in advance as will enable the persons notified, if they so desire, to attend the hearing. Persons notified shall, in advance of the hearing, be furnished with a written statement of the charges or subject matter of the investigation, and shall be afforded opportunity to submit evidence in their own behalf.

pects to prove thereby. Any witness may, in the discretion of the officer holding the hearing, be examined separate and apart from all other witnesses except the interested parties. Such hearing, for good cause appearing to the satisfaction of such officer, may be postponed or adjourned by him from time to time. When good cause for such action appears to the Administrator, the evidence of any material witness may be taken under oath or affirmation by deposition. Such deposition shall be taken after reasonable notice to the parties interested and at a time and place and before a person designated for the purpose by the Administrator. The expense of taking such deposition shall be borne by the party in whose behalf it is taken. A true copy of every written entry in the records of the Department, made by an officer or employee thereof in the course of his official duty, which is relevant to the issues involved in a hearing, shall be admissible as prima facie evidence of the facts stated therein without the production of such officer or employee. Oral argument will be permitted before the hearing officer at the close of the hearing and any argument advanced will be embodied in the record. Written brief or argument may be submitted and made a part of the record if received by the hearing officer within 15 days after the close of the hearing. This period may be extended by the hearing officer for good cause shown. Except as otherwise provided in this section, the expense of reducing the evidence to writing for the purposes of the record in any hearing shall be borne by the Department.

PROVISIONS GOVERNING GRAIN
MERCHANDISING

§ 26.80 Inspection to be obtained, where. For each shipment of grain in interstate or foreign commerce from or to a place where a licensed inspector is located, which is sold, offered for sale, or consigned for sale by grade, an inspection by a licensed inspector must, in accordance with section 4 of the act, be obtained at the shipping point, at some convenient point en route, or at destination.

§ 26.81 Limitations on use of "heavily loaded car" certificate. For the purposes of the act, an "in" inspection "heavily loaded car" certificate shall not be valid to represent the grade of the grain covered thereby for an “en route" inspection

nor for an "out" shipment from the place of such inspection.

§ 26.82 Arrival inspection valid for out shipment of reconsigned cars. An "in" inspection of grain in a railroad car performed on arrival at an inspection point, except in the case of a heavily loaded car, shall also be deemed valid for the purpose of out shipment from such inspection point under the following conditions only:

(a) When the out shipment or delivery for shipment is made not later than the close of the second business day after the date of such inspection;

(b) When the grain covered by the inspection has not in the meantime been removed or transferred from the car in which it was inspected;

(c) When the identity of the grain has not been changed; and

(d) When the certificate of grade bears the statement regarding its validity for "in" and "out" inspection as required by § 26.29 (c).

Nothing contained in this section shall be construed as authorizing an inspector to refuse to comply with a request for another inspection and the issuance of a regular "out" or other inspection certificate when necessary for the purposes of the act and regulations.

§ 26.83 Certificate which has been superseded shall not represent grade of grain. When a certificate of grade issued by a licensed inspector shall have been superseded, under this part, by a certificate issued as a result of a reinspection, or by a Federal appeal grade certificate, such superseded certificate of grade shall not thereafter represent the grade of the lot or parcel of grain described therein.

§ 26.84 Final appeal or dispute grade certificate supersedes previous certificates. No Federal appeal grade certificate or Federal dispute grade certificate shall represent the grade of a lot or parcel of grain described therein after it shall have been superseded, under this part, by a final Federal appeal grade certificate or final Federal dispute grade certificate.

§ 26.85 Required inspections not to be prevented. Whenever, under the act and regulations, inspection and grading of any grain by a licensed inspector is required, no person entitled under the act and regulations to have such inspection

and grading performed, shall be deprived of his right thereto by any rule, regulation, bylaw, or custom of any market, board of trade, chamber of commerce, exchange, inspection department, or similar organization, or by any contract, agreement, or understanding whatsoever.

§ 26.86 Right of appeal or dispute not to be impaired. No rule, regulation, bylaw, or custom of any market, board of trade, chamber of commerce, exchange, inspection department, or similar organization, nor any contract, agreement, or understanding, shall be ground for refusing to hear and determine any appeal taken or any dispute referred to the Secretary in compliance with the act and regulations.

§ 26.87 Uninspected grain. Whenever any grain for which standards shall have been fixed and established under the act is sold, offered for sale, or consigned for sale by any of the grades fixed therefor in the official grain standards of the United States, and such grain is shipped in interstate or foreign commerce without inspection from a place at which there is no inspector licensed under the act to a place at which there is no such inspector, the shipper shall promptly transmit to the purchaser or consignee an invoice covering such grain, which invoice shall bear a statement, written, typewritten, or affixed with a rubber stamp, to the effect that the grain involved has not been inspected by a licensed inspector and that the grade thereof is subject to dispute under the act. Such statement may be worded as follows: "This grain not officially inspected; grade subject to dispute privilege under United States Grain Standards Act." Any such shipper shall, upon request by the Production and Marketing Administration, submit a statement showing the following with respect to any shipment or with respect to such shipments made within given period of time to be specified in the request: (a) the date of shipment, (b) the kind of grain, (c) the quantity thereof, (d) the grade by which it is sold, offered for sale, or consigned for sale, (e) the point of shipment and destination thereof, (f) the name of the initial carrier, (g) the car initial, and number, or the name or other designation of the vessel, boat, barge, or vehicle, as the case may be, in which such grain is shipped, (h) the name of the shipper, and (i) the name of the consignee.

§ 26.101 Terms defined. For the purposes of the official grain standards of the United States for wheat:

(a) Wheat. Wheat shall be any grain which, before the removal of dockage, consists of 50 percent or more of wheat and not more than 10 percent of other grains for which standards have been established under the provisions of the United States Grain Standards Act, and which, after the removal of dockage, contains not more than 50 percent of broken kernels of grain of any size. The term wheat in these standards shall not include emmer, spelt, einkorn, Polish wheat, and poulard wheat.

(b) Classes. Wheat shall be divided into seven classes, as follows: class I, Hard Red Spring wheat; class II, Durum wheat; class III, Red Durum wheat; class IV, Hard Red Winter wheat; class V, Soft Red Winter wheat; class VI, White wheat; and class VII, Mixed wheat.

(c) Grades. Wheat shall be graded and designated according to the respec

1 The specifications of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act.

tive grade requirements of the numerical grades and Sample grade of its appropriate class or subclass, and according to the special grades when applicable. [SRA, BAE 144, as amended at 11 F. R. 8711]

§ 26.102 Hard Red Spring wheat (class I); subclasses defined. This class shall include all varieties of hard red spring wheat, and may include not more than 10 percent of wheats of other classes. This class shall be divided into three subclasses, as follows:

(a) Subclass (A) Dark Northern Spring. This subclass shall include wheat of the class Hard Red Spring wheat consisting of 75 percent or more of dark, hard, and vitreous kernels. This subclass shall not include more than 10 percent of wheat of the variety Humpback.

(b) Subclass (B) Northern Spring. This subclass shall include wheat of the class Hard Red Spring wheat consisting of more than 25 percent but less than 75 percent of dark, hard, and vitreous kernels. This subclass shall not include more than 10 percent of wheat of the variety Humpback.

(c) Subclass (C) Red Spring. This subclass shall include wheat of the class Hard Red Spring wheat consisting of not more than 25 percent of dark, hard, and vitreous kernels. This subclass shall also include wheat of the class Hard Red Spring wheat consisting of more than 10 percent of the variety Humpback.

§ 26.103 Hard Red Spring wheat; grade requirements.

Wheats of other classes

1 Heavy 1

1.

2.

3..

42

5

Sample grade.

50

3.0

7

5.0

10

10

§ 26.104 Durum wheat (class II); subclasses defined. This class shall include all varieties of common durum wheat, and may include not more than 10 percent of wheats of other classes. This class shall be divided into three subclasses, as follows:

(a) Subclass (A) Hard Amber Durum. This subclass shall include wheat of the class Durum wheat consisting of 75 percent or more of hard and vitreous kernels of amber color.

(b) Subclass (B) Amber Durum. This subclass shall include wheat of the class Durum wheat consisting of 60 percent or

more but less than 75 percent of hard and vitreous kernels of amber color.

(c) Subclass (C) Durum. This subclass shall include wheat of the class Durum wheat consisting of less than 60 percent of hard and vitreous kernels of amber color.

§ 26.105 Red Durum wheat (class III) defined. This class shall include all varieties of red durum wheat, and may include not more than 10 percent of wheats of other classes.

§ 26.106 Durum wheat and Red Durum wheat; grade requirements.

51

15

1.0 3.0

3.0

10

10

5.

Sample grade.

[SRA, BAE 144, as amended at 11 F. R. 8711]

§ 26.107 Hard Red Winter wheat (class IV); subclasses defined. This class shall include all varieties of hard red winter wheat, and may include not more than 10 percent of wheats of other classes. This class shall be divided into three subclasses, as follows:

(a) Subclass (A) Dark Hard Winter. This subclass shall include wheat of the class Hard Red Winter wheat consisting of 75 percent or more of dark, hard, and vitreous kernels.