§ 26.111 White wheat (class VI); subclasses defined. This class shall include all varieties of white wheat, whether winter or spring grown, and may include not more than 10 percent of wheats of other classes. This class shall be divided into four subclasses, as follows: (a) Subclass (A) Hard White. This subclass shall include all wheat of the class White wheat consisting of 75 percent or more of hard (not soft and chalky) kernels. This subclass shall not include more than 10 percent of Sonora wheat or wheat of the white club varieties, either singly or in any combination. or wheat of the white club varieties, either singly or in any combination. (c) Subclass (C) White Club. This subclass shall include wheat of the class White wheat consisting of Sonora wheat or wheat of the white club varieties, either singly or in any combination. This subclass shall not include more than 10 percent of common white wheat other than Sonora, either singly or in any combination. (d) Subclass (D) Western White. This subclass shall include wheat of the class White wheat which contains more than 10 percent of Sonora wheat or wheat of the white club varieties, either singly or in any combination, and which also contains more than 10 percent of Common white wheat other than Sonora. (b) Subclass (B) Soft White. This subclass shall include wheat of the class White wheat consisting of less than 75 percent of hard (not soft and chalky) kernels. This subclass shall not include more than 10 percent of Sonora wheat Class VI, White wheat: Grade requirements for (A) Hard White, (B) Soft White, (C) White Club, (D) Western White § 26.112 White wheat; grade requirements. 1 2. 3. 41 5. Sample grade. Sample grade shall include wheat of the subclass Hard White, or Soft White, or White Club, or Western White, which does not come within the requirements of any of the grades from No. 1 to No. 5, inclusive; or which contains more than 15.5 percent of moisture; or which contains inseparable stones and/or cinders; or which is musty, or sour, or heating, or hot; or which has any commercially objectionable foreign odor except of smut or garlic; or which contains a quantity of smut so great that any one or more of the grade requirements cannot be applied accurately; or which is otherwise of distinctly low quality. 1 Wheat of this class that contains more than 10 percent of broken kernels of grain that will pass through a 20-gage metal sieve with slotted perforations 0.064 inch wide by 3-inch long shall not be graded higher than No. 4. [SRA, BAE 144, as amended at 11 F. R. 8711] § 26.113 Mixed wheat (class VII) defined; grade requirements. This class shall include all mixtures of wheat not provided for in the classes from I to VI, inclusive. (a) Grade requirements. Mixed wheat shall be graded according to the numerical and Sample grade requirements of the class of wheat which predominates in the mixture, except that the grade specifications for the factor "wheats of other classes" and the grade specifications for "No. 1 Heavy" in the standards for hard red spring wheat, shall be disregarded. (b) Grade designations. The grade designation for mixed wheat shall be stated as provided in subparagraphs (1), (2), or (3) of this paragraph. (1) Except as specified in subparagraphs (2) and (3) of this paragraph, the grade designation for mixed wheat shall include successively, in the order named, (i) the number of the grade or the words "Sample grade", as the case may be, (ii) the words "mixed wheat", and (iii) the name and approximate percentage of each class of wheat which constitutes more than 10 percent of the mixture in the order of its predominance; but if only one class exceeds 10 percent of the mixture, the name and approximate percentage of that class shall be included in the grade designation, followed by the name and approximate percentage of at least one other class. (2) Amber mixed durum shall be mixed wheat consisting of a mixture of durum and other wheats which contains not more than a total of 15 percent of wheats other than common durum and which contains not less than 60 percent of durum kernels that are hard and vitreous and of amber color. Amber mixed durum may contain not more than 5 percent of red durum, white, and soft red winter wheat, singly or combined. The grade designation for amber mixed durum shall include successively, in the order named, (i) the number of the grade or the words "Sample grade", as the case may be, and (ii) the words "Amber mixed durum." (3) Mixed durum shall be mixed wheat consisting of a mixture of durum and other wheats, which contains not more than a total of 20 percent of wheats other than common durum. Mixed durum may contain not more than 5 percent of red durum wheat, and may contain not more than 5 percent of white and soft red winter wheat, singly or combined. The grade designation for mixed durum shall include successively, in the order named, (i) the number of the grade or the words "Sample grade", as the case may be, and (ii) the words "mixed durum." [SRA, BAE 144, as amended at 2 F. R. 681] § 26.114 Dockage. Dockage includes weed seeds, weed stems, chaff, straw, grain other than wheat, sand, dirt, and any other foreign material, which can be removed readily from the wheat by the use of appropriate sieves and cleaning devices; also undeveloped, shriveled, and small pieces of wheat kernels removed in properly separating the foreign material, and which cannot be recovered by properly rescreening or recleaning. The quantity of dockage shall be calculated in terms of percentage based on the total weight of the grain including the dockage. The percentage of dockage so calculated, when equal to 1 percent or more, shall be stated in terms of whole percent, and when less than 1 percent shall not be stated. A fraction of a percent shall be disregarded. The word "Dockage", together with the percentage thereof, shall be added to the grade designation. § 26.115 Special grade; Tough wheat(a) Definition. Tough wheat shall be (1) wheat of any of the classes Hard Red Winter wheat, Soft Red Winter wheat, or White wheat, or of the class Mixed wheat in which wheat of any one of the classes Hard Red Winter wheat, or Soft Red Winter wheat, or White wheat, predominates, which contains more than 14 percent but not more than 15.5 percent of moisture, and (2) wheat of any of the classes Hard Red Spring wheat, or Durum wheat, or Red Durum wheat, or of the class Mixed wheat in which wheat of any one of the classes Hard Red Spring wheat, or Durum wheat, or Red Durum wheat, predominates, which contains more than 14.5 percent but not more than 16 percent of moisture. (b) Grades. Tough wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not tough, and there shall be added to, and made a part of, the grade designation, the word "Tough." § 26.116 Special grade; Smutty wheat-(a) Definition. Smutty wheat shall be wheat which has an unmistakable odor of smut, or which contains balls, portions of balls, or spores, or smut, in excess of a quantity equal to 14 balls of average size in 250 grams of wheat. (b) Grades. Smutty wheat shall be graded and designated according to the method described either in subparagraph (1) or subparagraph (2) of this paragraph. (1) Smut dockage. Before the determination of smut dockage as provided in this paragraph, the wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not smutty. The smut shall be removed by scouring and the loss in weight of the wheat caused by the removal of the smut shall be calculated in terms of percentage based on the total weight of the grain when free from dockage. The percentage so calculated shall be stated in terms of half percent, whole percent, or whole and half percent, as the case may be. A fraction of a half percent shall be dis regarded. The percentage of the smut dockage, so calculated and stated, shall be added to the grade designation, preceding the statement of dockage, if any. (2) "Light Smutty" and "Smutty." Smutty wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not smutty; and (i) In the case of smutty wheat which has an unmistakable odor of smut, or which contains balls, portions of balls, or spores, of smut, in excess of a quantity equal to 14 balls but not in excess of a quantity equal to 30 balls of average size in 250 grams of wheat, there shall be added to, and made a part of, the grade designation, the words "Light Smutty"; and (ii) In the case of smutty wheat which contains balls, portions of balls, or spores, of smut, in excess of a quantity equal to 30 balls of average size in 250 grams of wheat, there shall be added to, and made a part of it, the grade designation, the word "Smutty." [SRA, BAE 144, as amended Apr. 26, 1934] § 26.117 Special grade; Garlicky wheat-(a) Definition. Garlicky wheat shall be wheat which contains two or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of wheat. (b) Grades. Garlicky wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not garlicky; and (1) In the case of garlicky wheat which contains two or more but not more than six green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of wheat, there shall be added to, and made a part of, the grade designation, the words "Light Garlicky"; and (2) In the case of garlicky wheat which contains more than six green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of wheat, there shall be added to, and made a part of, the grade designation, the word "Garlicky." § 26.118 Special grade; Weevily wheat-(a) Definition. Weevily wheat shall be wheat which is infested with live weevils or other insects injurious to stored grain. (b) Grades. Weevily wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily." § 26.119 Special grade; Ergoty wheat(a) Definition. Ergoty wheat shall be wheat which contains ergot in excess of 0.3 percent. (b) Grades. Ergoty wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty." § 26.120 Special grade; treated wheat-(a) Definition. Treated wheat shall be wheat which has been scoured, limed, washed, sulphured, or treated in such a manner that its true quality is not reflected by either the numerical grade or the Sample grade designation, alone. (b) Grades. Treated wheat shall be graded and designated according to the grade requirements of the standards applicable to such wheat if it were not treated, and there shall be added to, and made a part of, the grade designation, a statement indicating the kind of treatment. § 26.121 Grade factors; definitions— (a) Basis of grade determination. Each determination of dockage, temperature, odor, garlic, and live weevils or other insects injurious to stored grain, shall be upon the basis of the grain as a whole. All other determinations shall be upon the basis of the grain when free from dockage. (b) Percentages. Percentages, except in the case of moisture, shall be percentages ascertained by weight. (c) Percentage of moisture. Percentage of moisture shall be that ascertained by the air oven and the method of use thereof described in Service and Regulatory Announcements No. 147 of the Agricultural Marketing Service of the United States Department of Agriculture, or ascertained by any device and method which give equivalent results in the determination of moisture. (d) Test weight per bushel. Test weight per bushel shall be the weight per Winchester bushel as determined by the testing apparatus and the method of use thereof described in Bulletin No. 1065, dated May 18, 1922, issued by the United States Department of Agriculture, or as determined by any device and method which give equivalent results in the determination of test weight per bushel. (e) Foreign material. Foreign material shall include all matter other than wheat which is not separated from the wheat in the proper determination of dockage, except that smut balls shall not be considered as foreign material. (f) Other grains. Other grains shall include rye, oats, corn, grain sorghums, barley, hull-less barley, flaxseed, emmer, spelt, einkorn, Polish wheat, poulard wheat, cultivated buckwheat, and soybeans. (g) Damaged kernels. Damaged kernels shall be kernels and pieces of kernels of wheat and other grains which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged. (h) Heat-damaged kernels. Heatdamaged kernels shall be kernels and pieces of kernels of wheat and other grains which have been materially discolored and damaged by external heat or as a result of heating caused by fermentation. [SRA, BAE 144, as amended at 11 F. R. 8711, 13 F. R. 8727] OFFICIAL GRAIN STANDARDS OF THE UNITED § 26.151 Terms defined. For the purposes of the official grain standards of the United States for corn (maize): 1The specifications of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act. (a) Corn. Corn shall be any grain which consists of 50 percent or more of shelled corn of the dent or flint varieties, and may contain not more than 10 percent of other grains for which standards have been established under the provisions of the United States Grain Standards Act. (b) Classes. Corn shall be divided into three classes, as follows: class I, Yellow corn; class II, White corn; and class III, Mixed corn. § 26.152 Yellow corn (class I) defined. This class shall include yellow corn, and may include not more than 5 percent of corn of other colors. A slight tinge of red on kernels of corn otherwise yellow shall not affect their classification as Yellow corn. § 26.153 White corn (class II) defined. This class shall include white corn, and may include not more than 2 percent of corn of other colors. A slight tinge of light straw color or of pink on kernels of corn otherwise white shall not affect their classification as White corn. § 26.154 Mixed corn (class III) defined; grade requirements. This class shall consist of corn of various colors that does not meet the color requirements for either of the classes Yellow corn or White corn. White-capped yellow kernels shall be classified as Mixed corn. (a) Grades. Corn shall be graded and designated according to the respective grade requirements of the numerical grades and Sample grade of its appropriate class, and according to the special grades when applicable. § 26.155 Corn; grade requirements. Corn: Grade requirements for Yellow corn, White corn, and Mixed corn § 26.156 Flint corn-(a) Definition. Flint corn shall be corn of any class which consists of 95 percent or more of corn of any of the flint varieties. (b) Grades. Flint corn shall be graded and designated according to the grade requirements of the standards applicable to such corn if it were not flint corn, and the word "Flint" shall be added to, and made a part of, the grade designation, immediately following the words Yellow Corn, or White Corn, or Mixed Corn, as the case may be. [1 F. R. 1655] § 26.157 Flint and dent corn-(a) Definition. Flint and dent corn shall be corn of any class which consists of a mixture of the flint and dent varieties and which contains more than 5 percent but less than 95 percent of corn of any of the flint varieties. (b) Grades. Flint and dent corn shall be graded and designated according to the grade requirements of the standards applicable to such corn if it were not flint and dent corn, and the words "Flint and Dent" shall be added to, and made a part of, the grade designation, immediately following the words Yellow Corn, or White Corn, or Mixed Corn, as the case may be. [1 F. R. 1655] § 26.158 Special grade; Weevily corn.-(a) Definition. Weevily corn shall be corn that is infested with live weevils or other insects injurious to stored grain. (b) Grades. Weevily corn shall be graded and designated according to the grade requirements of the standards applicable to such corn if it were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily." § 26.159 Grade factors; definitions(a) Basis of grade determinations. Each determination of class, variety, damage, and heat damage, shall be upon the basis of the grain after the removal of the cracked corn and foreign material. All other determinations shall be upon the basis of the grain as a whole. (b) Percentages. Percentages, except in the case of moisture, shall be percentages ascertained by weight. (c) Percentage of moisture. Percentage of moisture shall be that ascertained by the air oven and the method of use thereof described in Service and Regu latory Announcements No. 147 of the Agricultural Marketing Service of the United States Department of Agriculture, or ascertained by any device and method which give equivalent results in the determination of moisture. (d) Test weight per bushel. Test weight per bushel shall be the weight per Winchester bushel as determined by the testing apparatus and the method of use thereof described in Bulletin No. 1065, dated May 18, 1922, issued by the United States Department of Agriculture, or as determined by any device and method which give equivalent results in the determination of test weight per bushel. (e) Cracked corn and foreign material. Cracked corn and foreign material shall include kernels and pieces of kernels of corn and all matter other than corn which will pass through a No. 12 sieve, and all matter other than corn remaining on such sieve after screening. (f) No. 12 sieve. A metal sieve perforated with round holes 1264 inch in diameter. (g) Other grains. Other grains shall include wheat, rye, oats, grain sorghums, barley, hull-less barley, flaxseed, emmer, spelt, einkorn, Polish wheat, poulard wheat, cultivated buckwheat, sweet corn, pop corn, and soybeans. (h) Damaged kernels. Damaged kernels shall be kernels and pieces of kernels of corn which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged. (1) Heat-damaged kernels. Heatdamaged kernels shall be kernels and pieces of kernels of corn which have been materially discolored and damaged by external heat or as a result of heating caused by fermentation. [SRA, BAE 144, as amended at 11 F. R. 8711, 13 F. R. 8727] |