§ 26.357 Special grade; Ergoty Mixed Feed oats-(a) Definition. Ergoty mixed feed oats shall be mixed feed oats which contain ergot in excess of 0.3 percent.

(b) Grades. Ergoty mixed feed oats shall be graded and designated according to the grade requirements of the standards applicable to such mixed feed oats if they were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty."

§ 26.358 Grade factors; definitions— (a) Basis of grade determinations. All determinations shall be upon the basis of the lot of 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 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 except kernels and pieces of kernels of cultivated oats, other grains, and wild oats; and shall include oats clippings and detached hulls.

(f) Fine seeds. Fine seeds shall inIclude all matter which can be removed from Mixed Feed oats by the use of a metal sieve perforated with equilateral triangular perforations the inscribed circles of which are 4 inch in diameter.

(g) Other grains. Other grains shall include wheat, rye, corn, grain sorghums, barley, hull-less barley, flaxseed, emmer, spelt, einkorn, Polish wheat, poulard wheat, cultivated buckwheat, and soybeans.

(h) Heat-damaged kernels. Heatdamaged kernels shall be kernels and pieces of kernels of cultivated oats, wild oats, or 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 STATES FOR RYE

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§ 26.401 Terms defined. For the purposes of the official grain standards of the United States for rye:

(a) Rye. Rye shall be any grain which, before the removal of dockage, consists of 50 percent or more of rye 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.

(b) Grades. Rye shall be graded and designated according to the respective grade requirements of the numerical grades and sample grade of these standards, and according to the special grades when applicable.

Sample grade.

15

6

§ 26.403 Dockage. Dockage includes weed seeds, weed stems, chaff, straw, grain other than rye, sand, dirt, and any other foreign material, which can be removed readily from the rye by the use of appropriate sieves and cleaning devices; also undeveloped, shriveled, and small pieces of rye kernels which are 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.

§ 26.403a Special grade; Plump rye(a) Definition. Plump rye shall be rye which does not contain more than 5 percent of rye and other matter that will pass through a 20-gage metal sieve with rectangular perforations 0.064 inch wide by 3% inch long.

(b) Grades. Plump rye shall be graded and designated according to the grade requirements of the standards applicable to such rye if it were not plump, and there shall be added to, and made a part of, the grade designation, immediately preceding the word rye, the word "Plump."

[6 F. R. 417]

§ 26.404 Special grade; Tough rye(a) Definition. Tough rye shall be rye which contains more than 14 percent, but not more than 16 percent, of moisture.

(b) Grades. Tough rye shall be added and designated according to the grade requirements of the standards applicable to such rye if it were not tough, and there shall be added to, and made a part of, the grade designation, the word "Tough."

§ 26.405 Special grade; Smutty rye(a) Definition. Smutty rye shall be rye 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 of average size in 250 grams of rye.

(b) Grades. Smutty rye shall be graded and designated according to the

grade requirements of the standards applicable to such rye if it were not smutty; and

(1) In the case of smutty rye 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 of 30 balls of average size in 250 grams of rye, there shall be added to, and made a part of, the grade designation, the words "Light Smutty"; and

(2) In the case of smutty rye 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 rye, there shall be added to, and made a part of, the grade designation, the word "Smutty."

[SRA, BAE 144, as amended Apr. 26, 1934]

§ 26.406 Special grade; Garlicky rye— (a) Definition. Garlicky rye shall be rye which contains two or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of rye.

(b) Grades. Garlicky rye shall be graded and designated according to the grade requirements of the standards applicable to such rye if it were not garlicky; and

(1) In the case of garlicky rye 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 rye, there shall be added to, and made a part of, the grade designation, the words "Light Garlicky"; and

(2) In the case of garlicky rye which contains more than six green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of rye, there shall be added to, and made a part of, the grade designation, the word "Garlicky."

§ 26.407 Special grade; Weevily rye— (a) Definition. Weevily rye shall be rye which is infested with live weevils or other insects injurious to stored grain.

(b) Grades. Weevily rye shall be graded and designated according to the grade requirements of the standards applicable to such rye if it were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily."

§ 26.408 Special grade; Ergoty rye— (a) Definition. Ergoty rye shall be rye

which contains ergot in excess of 0.3 percent.

(b) Grades. Ergoty rye shall be graded and designated according to the grade requirements of the standards applicable to such rye if it were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty."

§ 26.409 Grade factors; definitions(a) Basis of grade determinations. 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.

Test

(d) Test weight per bushel. 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 rye, which is not separated from the rye in the proper determination of dockage, except that smut balls shall not be considered as foreign material.

(f) Other grains. Other grains shall include wheat, 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 rye 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

§ 26.451 Terms defined. For the purposes of the official grain standards of the United States for Mixed grain:

(a) Definition. Mixed grain shall be any mixture of those grains for which standards have been or hereafter may be established under the provisions of the United States Grain Standards Act, that does not come within the requirements of any of the standards for such grains, and that does not contain more than 50 percent of foreign material. Wild oats in Mixed grain shall be classed as a grain.

(b) Grades. Mixed grain shall be graded and designated either as "Mixed grain" or as "Sample grade Mixed grain", and according to the special grades when applicable.

§ 26.452 Mixed grain; grade requirements-(a) Mixed grain (grade). The grade "Mixed grain" shall include all mixed grain which does not come within the specifications for Sample grade Mixed grain.

(b) Sample grade Mixed grain. The grade "Sample grade Mixed grain" shall include all mixed grain which contains more than 16 percent of moisture, or more than 15 percent of damaged kernels, or more than 3 percent of heatdamaged kernels; or which is músty, or sour, or heating, or hot; or which contains stones and/or cinders; or which has any commercially objectionable foreign odor except of smut or garlic; or which has 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.

§ 26.453 Mixed grain; grade designations. The grade designation for Mixed grain shall include, in the order named:

(a) The words "Mixed grain", or other words "Sample grade Mixed grain", as the case may be;

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

(b) The name and approximate percentage of each kind of grain, including wild oats, which constitutes 10 percent or more of the mixture, in the order of predominance; and

(c) When applicable, the words "Other grains," followed by a statement of the percentage of the combined quantity of those kinds of grain, including wild oats, each of which is present in a quantity less than 10 percent; and

(d) The words "Foreign material", together with a statement of the percentage thereof.

All percentage statements shall be in terms of whole percent. A fraction of a percent shall be disregarded.

[SRA, BAE 144, as amended at 11 F. R. 8712]

§ 26.454 Special grade; Tough Mixed grain-(a) Definition. Tough mixed grain shall be mixed grain which contains more than 14.5 percent but not more than 16 percent of moisture.

(b) Grades. Tough mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not tough, and there shall be added to, and made a part of, the grade designation, the word "Tough".

§ 26.455 Special grade; Smutty Mixed grain-(a) Definition. "Smutty mixed grain" shall be (a) mixed grain in which wheat or rye predominates, and which contains balls, portions of balls, or spores, of smut, in excess of a quantity equal to 14 balls of average size in 250 grams of mixed grain, or (b) any other mixed grain which has the kernels covered with smut spores, or which contains smut masses and/or smut balls in excess of 0.2 percent.

(b) Grades. Smutty mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not smutty, and there shall be added to, and made a part of, the grade designation, the word "Smutty."

[SRA, BAE 144 as amended at 11 F. R. 8712]

§ 26.456 Special grade; Ergoty Mixed grain-(a) Definition. Ergoty Mixed grain shall be mixed grain which contains ergot in excess of 0.3 percent.

(b) Grades. Ergoty mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not ergoty, and there shall be added to,

and made a part of, the grade designation, the word "Ergoty."

§ 26.457 Special grade; Garlicky Mixed grain—(a) Definition. Garlicky mixed grain shall be (a) mixed grain in which wheat or rye predominates, and which contains two or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 1,000 grams of mixed grain; or (b) mixed grain in which oats or barley predominates, and which contains four or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of mixed grain.

(b) Grades. Garlicky mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not garlicky, and there shall be added to, and made a part of, the grade designation, the word "Garlicky."

§ 26.458 Special grade; Weevily Mixed grain-(a) Definition. Weevily mixed grain shall be mixed grain which is infested with live weevils or other insects injurious to stored grain.

(b) Grades. Weevily mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily."

§ 26.459 Special grade; Blighted Mixed grain—(a) Definition. Blighted mixed grain shall be all mixed grain in which barley predominates, and which, as a whole, contains more than 4 percent of barley damaged or materially discolored by blight and/or mold.

(b) Grades. Blighted mixed grain shall be graded and designated according to the grade requirements of the standards applicable to such mixed grain if it were not blighted, and there shall be added to, and made a part of, the grade designation, the word "Blighted."

§ 26.460 Special grade; Treated Mixed grain-(a) Definition. Treated mixed grain shall be mixed grain 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 mixed grain shall be graded and designated according to the grade requirements of the stand