STANDARDS

§ 64.6 Practical forms furnished. Practical forms of the official standards may be furnished to any person requesting them, upon payment of the costs prescribed in § 64.9, and such practical forms may also be loaned for demonstrational purposes.

§ 64.7 Conditions incorporated in application for practical forms. Each application for practical forms of the official standards shall be upon a blank furnished or approved by the Administration, shall be signed by the applicant, and shall incorporate the following conditions: (a) that no practical form of any official standard shall be considered as representing such standard after the date of its cancellation in accordance with this section, or in any event after the expiration of 12 months following the date of issuance; (b) that each such practical form shall be subject to inspection on any business day between the hours of 9:00 a. m. and 4:00 p. m. by any authorized officer or agent of the Department; (c) that any such practical form may be cancelled if it be found, upon inspection, that it does not accurately represent the official standard.

FEES AND COSTS

§ 64.8 Fees and costs; how paid. Grading fees and the costs of practical forms of the official standards shall be paid in accordance with bills rendered, or in advance if required by the Administration. Each remittance shall be in the form of a certified check, post office money order, or express money order, payable to "Treasurer of the United States."

§ 64.9 Costs. For practical forms of the official standards, the costs shall be as follows:

(a) For one complete set of practical forms of the official standards for Type W dewretted hemp line and hemp tow, $10.00, f. o. b. Washington, D. C., for shipment within the continental United States; and $12.00, delivered to destination, for shipment outside the continental United States.

(b) For one complete set of practical forms of the official standards for Type K dewretted hemp line and hemp tow, $6.50, f. o. b. Washington, D. C., for shipment within the continental United States; and $8.50, delivered to destination, for shipment outside the conti

nental United States: Provided, That on and after the approval of physical representations for "Type K Milled D. R. Hemp Line No. 1" and for "Type K D. R. Hemp Tow No. 1," for a complete set of practical forms of the official standards for Type K D. R. Hemp Line and Hemp Tow, the costs shall be $10.00, f. o. b. Washington, D. C., for shipment within the continental United States; and $12.00, delivered to destination, for shipment outside the continental United States.

(c) For one practical form of an individual grade of hemp line, $2.50 f. o. b. Washington, D. C., for shipment within the continental United States; and $3.00, delivered to destination, for shipment outside the continental United States.

(d) For one practical form of an individual grade of hemp tow, $1.50 f. o. b. Washington, D. C., for shipment within the continental United States; and $2.00, delivered to destination, for shipment outside the continental United States.

MISCELLANEOUS

§ 64.10 Publication. Publications under the act and the regulations in this part may be made in Service and Regulatory Announcements of the Administration and by such other media as may be designated for the purpose.

§ 64.11 Misrepresentation, deceptive or fraudulent practice. Any misrepresentation or any deceptive or fraudulent practice made or committed by any applicant for inspection or grading service or any user of practical forms of the official standards, may be deemed sufficient cause for debarring the person guilty thereof from any further benefits of the act and the regulations in this part, and the facts with respect to any such deceptive or fraudulent practice may be published.

Part 65-Official United States Standards for Palatability Scores for Dried Whole Eggs

Sec.

65.1 Preparation of samples for palatability test.

65.2 Palatability scores for dried whole eggs. AUTHORITY: §§ 65.1 and 65.2 issued under Pub. Law 712, 80th Cong.

SOURCE: §§ 65.1 and 65.2 appear at 9 F. R. 4971.

67.3

67.4

67.5

67.6

DEFINITIONS

Meaning of words.

Terms defined.

ADMINISTRATION

Authority.

WHERE SERVICES MAY BE OFFERED

Designated markets and other locations.

Request for establishment of service. Denial or withdrawal of service for administrative reasons.

SHRINKAGE OR CLEAN CONTENT DETERMINATION

SERVICE

67.7 Kind of service.

67.8 Who may obtain service.

67.9 How to obtain service.

67.10 Form of application for service.

67.11 When application for service deemed

filed.

67.12 Denial or withdrawal of service for

cause.

Disposition of fees.

MISCELLANEOUS

67.36 Misconduct by official samplers or

other employees.

67.37 67.38

Identification of employees.

67.39

Duty of employees to report errors in shrinkage or clean content determination.

Political activity.

AUTHORITY: §§ 67.1 to 67.39 issued under sec. 205, 60 Stat. 1090, Pub. Law 712, 80th Cong.; 7 U. S. C. 1624.

SOURCE: §§ 67.1 to 67.39 appear at 13 F. R. 3451.

DEFINITIONS

§ 67.1 Meaning of words. Words used 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.

§ 67.2 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 acts. The Agricultural Marketing Act of 1946 (Title II of the act of Congress approved August 14, 1946, 60 Stat. 1087-1091, 7 U. S. C. 1621 et seq.) and the following provision of the Department of Agriculture Appro

priation Act, 1948 (61 Stat. 543, 7 U. S. C., Sup., 414), or a similar provision of any future act of Congress conferring like authority:

For the investigations and certification, in one or more jurisdictions, to shippers and other interested parties of the class, quality, and condition of any agricultural commodity or food product, whether raw, dried, canned, or otherwise processed, and any product containing an agricultural commodity, or derivative thereof 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. *

(b) Department. The United States Department of Agriculture.

(c) Secretary. The Secretary of Agriculture, or any officer or employee of the Department to whom authority has heretofore lawfully been delegated, or to whom authority hereafter may lawfully be delegated, to act in his stead.

(d) Administration. The Production and Marketing Administration of the Department.

(e) Administrator. The Administrator of the Administration, or any officer or employee of the Administration to whom authority has heretofore lawfully been delegated, or to whom authority hereafter may lawfully be delegated, to act in his stead.

(f) Wool Division. The Wool Division of the Livestock Branch, of the Administration.

(g) Supervisor of Sampling. An official sampler or other qualified person designated by the Administrator to supervise sampling operations, specify methods of sampling to be used on various types of wools, maintain the necessary accuracy of operations carried on by Official Samplers within his jurisdiction, and act as a representative of the Department in its dealings with wool growers and handlers with respect to core sampling of wool.

(h) Official Sampler. An employee of the Department authorized by the Administrator to take core samples of wool under the regulations in this part, in accordance with prescribed methods.

(i) Person. Any individual, association, partnership, other group of individuals, or corporation. This term in

cludes, but is not limited to, Federal, State, county, and municipal governments, and common carriers.

(j) Financially interested party. Any person having a financial interest in the products involved, including, but not limited to, the shipper, receiver, or carrier, or any authorized person on behalf of such party.

(k) Applicant. A financially interested party who requests shrinkage or clean content determination service under the regulations in this part.

(1) Regulations. Rules and regulations of the Secretary in this part.

(m) Wool. Domestic wool shorn from sheep or lambs or pulled from the pelts of sheep or lambs raised in the continental United States.

(1) Shorn wool. Wool removed from live sheep or lambs by means of hand or power shears.

(2) Pulled wool. Wool removed from the pelts of slaughtered sheep or lambs by means of lime, sweating, or a depilatory process.

(n) Service. The core sampling and laboratory testing and certification service authorized by the acts and established and conducted under the regulations in this part for the purpose of determining and certifying the shrinkage or the clean content of wool.

(o) Core sampling. A method of coring a bale or bag of wool to obtain a representative sample of the wool.

(p) Shrinkage. The loss in weight which occurs when foreign matter and impurities are removed from raw or greasy wool by cleaning.

(q) Clean content. All that portion of the wool which consists exclusively of wool free of all vegetable and other foreign material, containing 12 percent by weight of moisture and 12 percent by weight of material removable from the wool by extraction with alcohol, and having an ash content not exceeding onehalf of 1 percent by weight.

(r) Shrinkage or clean content certificate. A certificate issued by the Department under the regulations in this part showing lot numbers, total number of bags or bales in each lot, a description of the wool, place and date of sampling, the shrinkage or clean content of the sample, and other data.

(s) Appeal determination. A redetermination of the shrinkage or clean

content of wool with respect to which an allegedly incorrect shrinkage or clean content certificate was previously issued.

(t) Designated market. Any shipping, receiving, handling, or distributing point designated by the Administrator as an important central market where wool is prepared, shipped, or distributed in interstate commerce in considerable quantities and where service may be offered.

ADMINISTRATION

§ 67.3 Authority. The Administrator is charged with the administration of the provisions of the regulations in this part and of the acts insofar as they relate to the subject matter of the regulations in this part.

WHERE SERVICE MAY BE OFFERED

§ 67.4 Designated markets and other locations. Service in accordance with the regulations in this part may be offered at the discretion of the Administrator at designated markets and at other locations with activities similar to those of a designated market and readily accessible therefrom.

§ 67.5 Request for establishment of service. Requests for the establishment of service at designated markets or at other locations may be filed with the Administrator.

§ 67.6 Denial or withdrawal of service for administrative reasons. The Administrator may deny service to, or withdraw it from, any designated market or. other location or applicant when he deems such action to be in the interest of the service. Published notice shall be given of the denial of service to or the withdrawal of service from any designated market or other location, and notice shall be given to the applicant of the denial or withdrawal of service to or from such applicant hereunder.

SHRINKAGE OR CLEAN CONTENT
DETERMINATION SERVICE

§ 67.7 Kind of service. Determination of the shrinkage or clean content of wool shall be made by means of taking core samples from the original lots of raw or greasy wool for which a determination is requested and by a laboratory process determining the shrinkage or the clean content of such wool. After samples have been taken they shall be sent, by the Official Sampler, in a moisture proof bag or drum to a laboratory of the Wool Di

vision, where the laboratory testing to determine the shrinkage or the clean content of the wool will be conducted. A report of the results of the laboratory testing will be sent to the Chief of the Wool Division for issuance of a shrinkage or clean content certificate as provided in § 67.19.

§ 67.8 Who may obtain service. Requests for service may be made by any financially interested party or his authorized agent.

§ 67.9 How to obtain service. An application for service may be filed in the office of the Supervisor of Sampling at a designated market or in the office of the Chief of the Wool Division. It may be made orally (including by telephone), in writing, by telegraph, or by other means of communication. If made orally (including by telephone), the request must be confirmed in writing or by telegraph stating the facts required by § 67.10.

§ 67.10 Form of application for service. Each formal application for service shall include such of the following information as may be required by the official with whom the application is filed, for the proper location and identification of the wool: (a) The date of application; (b) the description and location of the wool to be tested; (c) the name and post office address of the applicant and of the person, if other than the applicant, making the application in his behalf; and (d) the interest of the applicant in the wool (except in the case of an official of a governmental agency).

§ 67.11 When the application for service deemed filed. An application for service shall be deemed filed when delivered to the established office of a Supervisor of Sampling at any designated market or to the office of the Chief of the Wool Division. Records showing the date and time of filing shall be made and kept in the office in which the application is filed.

§ 67.12 Denial or withdrawal of service for cause. (a) Any application for service may be rejected or service may be suspended, by the official with whom the application for service is filed, for noncompliance by the applicant with the regulations prescribing the conditions, such as accessibility of the wool, on which the service is made available, or for any of the causes set forth in § 67.13. Such official shall immediately notify the applicant of such rejection or suspension

and the reasons therefor, and through his immediate supervisor shall report his actions with the reasons therefor, to the Administrator for informal settlement of the controversy. If such procedure fails to dispose of the matter, the Administrator without further hearing may deny the benefits of the acts to the applicant for noncompliance with the regulations prescribing the conditions on which the service is made available; and, after according the applicant an opportunity for a hearing before a proper officer, may deny the benefits of the acts to the applicant for any of the causes enumerated in § 67.13: Provided, however, That pending final disposal of the matter, service may be withheld from the applicant by the Administrator, without hearing.

(b) All final orders in any proceeding to deny the benefits of the acts to any person (except orders required for good cause to be held confidential and not cited as precedents) shall be filed with the Hearing Clerk of the Department and be available to public inspection.

§ 67.13 Cause for denial of service. Any wilful misrepresentation or any deceptive or fraudulent practice made or committed by any person in connection with the execution or filing of an application or the use of a certificate, tag, or other marking provided under the regulations in this part; any fraudulent or unauthorized alteration, or imitation of any such certificate, tag, or marking; any interference with or obstruction of any employee of the Department in the performance of his duties under the regulations in this part, by intimidation, threats, assaults, or any other improper means; and any wilful violation of the regulations in this part may be deemed sufficient cause for debarring the person found guilty thereof from any further benefits of the acts.

§ 67.14 When application for service may be withdrawn. A request for service may be withdrawn by the applicant at any time before the service is performed, upon payment of any expenses already incurred by the Department in connection therewith.

§ 67.15 Authority of agent. Proof of the authority of any person applying for the service on behalf of another may be required at the discretion of the official with whom the application is filed.

§ 67.16 Accessibility of wool. The applicant shall cause the wool, on which

service is requested, to be made easily accessible for sampling and to be so placed as to have adequate illuminating facilities.

§ 67.17 Order of service. Service shall be rendered in the order in which requests are received, except that precedence may be given first, to requests for appeal determinations, and second, to requests made by a branch of the Federal government, a State, a county, or a municipality. An exception to the order of rendering service may be made when it is in the interest of the Department in utilizing its employees efficiently.

§ 67.18 Financial interest of samplers and other employees. No official sampler, supervisor of sampling, or other employee of the Department shall render service on any wool in which he is directly or indirectly financially interested. § 67.19 Certificates; issuance. The Chief of the Wool Division, or any employee of the Department designated by him, shall prepare, sign and issue official certificates covering wool for which a shrinkage or clean content determination is made.

§ 67.20 Certificates; form. Each certificate issued under the regulations in this part shall include the following information: (a) Number of certificate; (b) date issued; (c) name and address of the applicant; (d) applicant's lot number; (e) place and date of sampling; (f) sampler's number; (g) number of bags or bales in lot; (h) applicant's description of lot and weight; and (i) the shrinkage of the sample expressed in percentage or the clean content of wool expressed in pounds, as of the time of sampling.

§ 67.21 Disposition of certificates. The original certificate and not to exceed two copies thereof shall be delivered or mailed immediately to the applicant or a person designated by him. One copy shall be forwarded to the office of the Supervisor of Sampling and one copy filed in the office of the Chief of the Wool Division. Copies of certificates shall be kept on file until other disposition is ordered by the Administrator. Additional copies will be furnished to the applicant or other financially interested parties upon application and payment of fees as provided in § 67.33.