issued from time to time by the Administration. § 61.34 Drawing and preparation of sample. Each licensed cottonseed sampler shall draw, prepare, and identify one official sample of cottonseed and a duplicate thereof from each lot made available to him in such manner as may be required by the Administrator, and shall promptly prepare it for forwarding to a licensed cottonseed chemist for analysis and grading. The duplicate shall be sealed and retained by the sampler until the original official sample shall have been analyzed by a licensed chemist. If the original official sample shall become lost or destroyed before having been analyzed the duplicate shall become the official sample; otherwise the licensed sampler shall immediately remove the identification marks from the duplicate and discard it. In no case shall the duplicate be offered for analysis unless the original shall have been lost or destroyed before analysis. § 61.35 Inspection of records of sampler. Each licensed sampler shall permit any authorized representative of the Administration to inspect at any time his books, papers, records, and accounts relating to the performance of his duties under §§ 61.25 to 61.42. § 61.36 Cause for suspension or revocation. The failure or refusal of any cottonseed sampler, duly licensed as such under the regulations in this part, to draw, prepare, identify, and to forward an official sample of every lot of cottonseed made available to him for the purpose, in accordance with these regulations, shall be cause for the suspension or revocation of his license. § 61.37 License may be suspended. Pending final action by the Secretary, a sampler's license may be suspended by the Administrator or by any official by whom it may be countersigned whenever such official shall deem such action to be for the good of the service. Within 10 days after any such suspension the licensee may file an appeal in writing to the Secretary, supported by any argument or evidence that he may wish to offer in his behalf. § 61.38 Suspended license to be returned to Department. In case a license issued to a sampler is suspended or revoked such license shall be returned to the Department. At the expiration of any period of suspension of such li cense, unless in the meantime it be revoked, the dates of beginning and termination of such suspension shall be endorsed thereon, it shall be returned to the person to whom it was originally issued, and it shall be posted as prescribed in § 61.31. § 61.39 Duplicate license. Upon satisfactory proof of the loss or destruction of a license issued to a sampler hereunder, a new license may be issued under the same or a new number. § 61.40 Reports of licensed samplers. Each licensed sampler, when requested, shall make reports on forms furnished for the purpose by the Administration bearing upon his activity as such licensee. § 61.41 Unlicensed persons must not represent themselves as licensed samplers. No person shall in any way represent himself to be a sampler licensed under the act unless he holds an unsuspended and unrevoked license issued thereunder. § 61.43 Fees and costs. For the examination of an applicant for a license to sample and certificate official samples of cottonseed the fee shall be $5.00, but no additional charge shall be made for the issuance of a license. For each renewal of a sampler's license the fee shall be $3.00. § 61.44 Fees for examination for license as chemist. For the examination of an applicant for a license as a chemist to analyze and certificate the grade of cottonseed the fee shall be $50.00, but no additional charge shall be made for the issuance of a license. For each renewal of a chemist's license the fee shall be $30.00. § 61.45 Fees for certificates to be paid by licensee to Administration. To cover in part the cost of administering the regulations in this part each licensed cottonseed chemist shall pay to the Administration 25 cents for each certificate of the grade of cottonseed issued by him, A statement showing the number of certificates issued shall be rendered to the Administration each month, the same to be accompanied by the appropriate remittance in the form of a certified check, draft, or money order payable to the Treasurer of the United States. § 61.46 Fees for review of grading of cottonseed. For the review of the grading of any lot of cottonseed the fee shall be $6.00. Remittance to cover such fee, in the form of a certified check, draft, or money order payable to the Treasurer of the United States, shall accompany each application for review. such fee collected $1.00 shall be covered into the Treasury as miscellaneous receipts and $2.50 disbursed to each of the two licensed chemists designated to make reanalyses of such seed. [8 F. R. 8588] for Of each Part 63-Official United States § 63.1 Terms defined. For the purpose of the United States standards for grades of creamery butter: (a) Butter. Butter shall be the food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 percent by weight of milk fat, all tolerance having been allowed for.1 (b) Creamery butter. Creamery butter shall be butter manufactured in a commercial creamery. 1 In conformity with an act of Congress approved March 24, 1923. § 63.2 Nomenclature of U. S. grades. The nomenclature of the U. S. Grades of Creamery Butter shall be as follows: U. S. Grade AA or U. S. 93 Score, U. S. Grade A or U. S. 92 Score, U. S. Grade B or U. S. 90 Score, U. S. Grade C or U. S. 89 Score, U. S. Cooking Grade, and No Grade. § 63.3 Basic for determination of U. S. grades. The basis for the determination of the U. S. Grades of creamery butter, except "No Grade", shall be as follows: (a) The flavor shall be classified in accordance with § 63.4. (b) The defects in body, color, and salt shall be rated in accordance with § 63.5. (c) The relation of the U. S. Grade of the butter to the flavor classification of it, as affected by total defects in body, color, and salt, shall be determined in accordance with § 63.6 § 63.4 Classification of flavors in creamery butter. Various identified flavors in butter shall be classified as follows: 1 mitted total defects, which is one-half (2) for butter having a flavor classification of AA, A, or B and one and onehalf (12) for butter having a flavor classification of C, the U. S. Grade of the butter shall be the same as the flavor classification. (See examples 1, 6, 11, 16, and 17 in Table I). (b) When the total defects in body, color, and salt exceed the permitted total defects for butter having a flavor classification of AA, A, or B by either onehalf (2) or one (1), the U. S. Grade of the butter shall be one grade below the flavor classification; when the total defects for body, color, and salt in such butter exceed the permitted total defects by one and one-half (12) or two (2), the U. S. Grade of the butter shall be two grades below the flavor classification. (See examples 2, 3, 7, 8, 12, and 13; also examples 4, 5, 9, 10, 14, and 15 in Table I). (c) When the total defects in body, color, and salt exceed the permitted total defects for butter having a flavor classification of C by one and one-half (11⁄2) the U. S. Grade of the butter shall be U. S. Cooking Grade. (See examples 18 and 19 in Table I). TABLE I-EXAMPLES OF THE RELATION OF U. S. GRADE TO FLAVOR CLASSIFICATION AND TOTAL DEFECTS IN BODY, COLOR, AND SALT Definite (c) High color (unnatural) shall be rated for defects as follows: Color AA or U. S. 93. A or U. S. 92. 11⁄2 B or U. S. 90. B or U. S. 90. A or U. S. 92. 2B or U. S. 90. B or U. S. 90. 11⁄2 C or U. S. 89. A 2 C or U. S. 89. B 1/2 0 B or U. S. 90. B 1 B C or U. S. 89. C or U. S. 89. B 0 CG.1 CG.1 C or U. S. 89. § 63.7 Specifications for U. S. grades of creamery butter. The specifications for the U. S. grades of creamery butter are as follows: (a) U. S. Grade AA or U. S. 93 Score butter shall possess a fine, highly pleasing flavor. It may possess a slightly normal feed or a definitely cooked flavor. It is made from sweet cream or cream of low natural acid to which a culture (starter) may or may not have been added. The permitted total defects in body, color, and salt are limited to one-half (1⁄2). (b) U. S. Grade A or U. S. 92 Score butter shall possess a pleasing and desirable flavor. It may possess any of the following flavors to a slight degree: Coarse-acid, smothered, flat, heated (summer defect), bitter, aged (butter) and storage, or a normal feed and cooked flavor of a definite degree. The permitted total defects in body, color, and salt are limited to one-half (2) unless the flavor classification permits these defects to exceed one-half (1⁄2). Butter that has a flavor classification of AA and total defects in body, color, and salt which exceed one-half (2) but do not exceed one and one-half (12) shall be U. S. Grade A or U. S. 92 score. (c) U. S. Grade B or U. S. 90 Score butter may possess any of the following flavors to a slight degree: Weedy, musty, rape, cabbage, turnip, and woody or any of the following flavors of a definite degree: Old-cream flavor, coarse-acidcream, acidy, utensil, scorched, neutralizer, storage, aged (butter), greasy and bitter. The permitted total defects in body, color, and salt are limited to a total of one-half (2) unless the flavor classification permits these defects to exceed one-half (2). Butter that has a flavor classification of AA and total defects in body, color, and salt which exceed one-half (2) but do not exceed two and one-half (22) shall be U. S. Grade B or U. S. 90 score. Butter that has a flavor classification of A and total defects in body, color, and salt which ex 1 The basis for determination of the U. S. Grade of an individual churning or sample of creamery butter with respect to its flavor classification, total defects in body, color, and salt, and the relation of the U. S. Grade to the flavor classification as affected by the total defects in body, color, and salt is stated in §§ 63.4, 63.5, and 63.6. ceed one-half (2) but do not exceed one and one-half (12) shall be U. S. Grade B or U. S. 90 score. (d) U. S. Grade C or U. S. 89 Score butter may possess any of the following flavors to a slight degree: Obnoxious weeds and onion or garlic or any of the following flavors of a defininte degree: Scorched-neutralizer, sour, fruity, yeasty, cheesy, alkaline, oily, metallic, cabbage, turnip, rape, weedy, musty, stale, and barny. The permitted defects in body, color, and salt are limited to a total of one and one-half (12) unless the flavor classification permits these defects to exceed one and one-half (12). Butter that has a flavor classification of A and total defects in body, color, and salt which exceed one and one-half (12) but do not exceed two and one-half (22) shall be U. S. Grade C or U. S. 89 score. Butter that has a flavor classification of B and total defects in body, color, and salt which exceed one-half (2) but do not exceed one and one-half (12) shall be U. S. Grade C or U. S. 89 score. (e) U. S. Cooking Grade butter may possess any of the following flavors of a definite degree: Obnoxious weeds, onion or garlic, and fishy; or any of the following flavors of a pronounced degree: Yeasty, fruity, cheesy, alkaline, and stale. Defects in body, color, and salt are not limited in this grade. Butter that has a flavor classification of B or C and total defects in body, color, and salt of two (2) or more shall be U. S. Cooking Grade. (f) No Grade: Butter that possesses any of the following flavors or contains any of the substances listed under "conditions" or is below the requirements of the U. S. Cooking Grade shall be classified as "No Grade". Flavors: Pronouncedly fishy. Paint or varnish. Gasoline, kerosene, or fly spray. Chemical. Conditions: Grains of sand. Other foreign materials. § 64.1 Words in singular form. Words in the regulations in this part, in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. § 64.2 Terms defined. For the purpose of the regulations in this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: (a) The act. The act of July 22, 1942, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1943, and for other purposes," which makes provision for enabling the Secretary of Agriculture to investigate and certify to shippers and other interested parties the classification, quality and condition of farm products "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: * * Provided, That certificates issued by the authorized agents of the Department shall be received in all courts of the United States as prima facie evidence of * * * the truth of the statements therein contained, and "for acquiring and diffusing among the people of the United States useful information relative to the standardization, classification, grading, preparation for market, handling, and marketing of farm and food products * Provided, That samples, illustrations, practical forms, or sets of the grades recommended or promulgated by the Secretary of Agriculture for farm or food products may be sold under such rules and regulations as he may prescribe *", and future legislation containing similar provisions. (b) Person. Individual, association, partnership or corporation. (c) Secretary. The Secretary of Agriculture or any person or employee of the Department to whom the Secretary has heretofore lawfully delegated or to whom the Secretary may hereafter lawfully delegate the authority to act in his stead. (d) Department. United States Department of Agriculture. (e) Administration. The Production and Marketing Administration. (f) Hemp and tow. The fiber from the plant "Cannabis Sativa" grown in the continental United States. (g) Official standards. The Official Standards of the United States for Grades of Hemp Line and Hemp Tow. ADMINISTRATION § 64.3 Authority. The Administrator of the Production and Marketing Administration is charged with the supervision on behalf of the United States Department of Agriculture of the performance of all duties arising in the administration of the act and the regulations in this part. GRADING SERVICE § 64.4 Official standard to be used. In the grading of hemp and tow under the regulations in this part the official standards shall be used. § 64.5 Purpose of inspection and grading. The Administration may provide a public hemp and tow inspection and grading service, and for the issuance of appropriate certificates, under procedures prescribed by it. Any such inspection service shall be designed to facilitate the application of the official standards and to minimize disputes and arbitrations arising from their use. |