§ 7.33 Use.

The books, records, and documents referred to in § 7.33 shall be available for use and examination:

(a) At all times by authorized representatives of the Secretary of Agriculture, the Administrator and Deputy Administrator, Agricultural Stabilization and Conservation Service;

(b) By State, county, and community committeemen, and authorized employees of the State and county office in the performance of duties assigned to them under this part, subject to any limitations prescribed by the Deputy Administrator in instructions;

(c) At any reasonable time to any program participant insofar as his interests under the programs administered by the county committee may be affected subject to any limitations prescribed by the Deputy Administrator in instructions; and

(d) To any other person only in accordance with instructions issued by the Deputy Administrator.

GENERAL PROVISIONS

§ 7.37 Secretary, Administrator, or Deputy Administrator, not precluded from exercising authority.

Nothing in these regulations shall preclude the Secretary; Administrator, Agricultural Stabilization and Conservation Service; or Deputy Administrator, State and County Operations, Agricultural Stabilization and Conservation Service, from administering any or all programs or exercising other functions delegated to the community committee, county committee, State committee, or any employee. In exercising this authority either the Secretary, Administrator, or Deputy Administrator may designate a person or persons of his choice to be in charge with full authority to carry on the programs or other functions without regard to the committee, committees, or their employees for such period of time as he may deem necessary.

Sec.

PART 8-4-H CLUB NAME AND EMBLEM

8.1 Policy.

8.2 Delegation of authority.

87.34 Administrative operations.

The administrative operations of county committees including but not limited to the following, shall be conducted, except as otherwise provided in these regulations, in accordance with instructions issued by the Deputy Administrator:

(a) Annual, sick, and other types of employee leave;

(b) Location and use of county committee office;

(c) Call, conduct, and records of county and community committee meetings.

$7.35 Implementation.

The Deputy Administrator is authorized to issue instructions implementing the regulations in this part.

$7.36 Applicability.

The regulation in this part shall apply to each State of the United States.

culture, may authorize the use of the 4-H Club name and emblem in accordance with the regulations in this part.

§ 8.3 Definitions.

(a) The term "4-H Club name and emblem" as used in this part means the emblem consisting of a green fourleaf clover with stem and the letter "H" in white or gold on each leaflet, or any insignia in colorable imitation thereof or the words "4-H Club" or "4-H Clubs" or any combination of these or other words or characters in colorable imitation thereof.

(b) The term "Administrator" means the Administrator, Federal Extension Service, United States Department of Agriculture.

§ 8.4 Basic premises.

(a) The 4-H Club name and emblem are held in trust by the Secretary of Agriculture of the U.S. Department of Agriculture for the educational and character building purposes of the 4-H Club program and can be used only as authorized by the statute and in accordance with the authorization of the Secretary or his designated representative.

(b) The 4-H Club name and emblem may be used by authorized representatives of the U. S. Department of Agriculture, the land-grant colleges, and the Cooperative Extension Service, in accordance with the regulations in this part, for serving the educational needs and interests of boys and girls enrolled in 4-H Clubs.

(c) Any use of the 4-H Club name and emblem is forbidden if it exploits the 4-H Club program, its volunteer leaders or members, or the U. S. Department of Agriculture, land-grant colleges, Cooperative Extension Service, or their employees.

§ 8.6 Authorization for use.

(a) The Administrator may grant au thorization for the use of the 4-H Club name and emblem:

(1) For educational or informational uses which the Cooperative Extension Service deems to be in the best inter ests of 4-H Club work and which can be properly controlled by the Coopera tive Extension Service.

(2) For a service to youth which the Cooperative Extension Service deter mines it is not in a position itself to perform.

(b) Authorizations, when issued, will be valid for specified purposes and pe riods of time only. Application forms for requesting authorization to use the 4-H Club name and emblem may be obtained from the Administrator, Federal Extension Service, United States Department of Agriculture, Washington 25, D.C.

(c) Granting an authorization to a individual, organization or institution for a specific use does not preclude granting a similar authorization to another individual, organization or insti tution for the same or a similar pur pose.

(d) All uses of the 4-H Club name or emblem shall be consistent with the educational purposes, character building objectives and dignity of the 4-H Club program and the emblem shall be given a position of prominence. It is not proper to superimpose any letter, design, or object on the 4-H Club emblem, or to materially alter its intended shape.

(e) Specific authorization is not required to use the 4-H Club name or emblem for news media such as newspapers, periodicals, and radio and television programs when such use is pri marily for an educational or informa tional purpose. Likewise specific authorization is not required to use the name or emblem in those exhibits, displays, etc., which are designed primarily to pay tribute to or salute the 4-H Club program and are in keeping with the policy enunciated herein.

(f) Authorization must be obtained for the use of the 4-H Club name and emblem by other than representatives of the Cooperative Extension Service in connection with contests and

awards; supplies to be sold; books, booklets, charts, posters and similar printed materials; all calendars regardless of origin or use; theatrical and non-theatrical motion pictures; slide films and other visual materials; supplies (whether to be sold or provided without charge); titles of persons and advertisements.

(g) Any authorization or permission for the use of the 4-H Club name and emblem may be revoked at any time after notice.

8.7 Continued use.

colleges, the

(a) The land-grant State and county Extension Services, and the local 4-H Clubs recognized by the Secretary of Agriculture and the Cooperative Extension Service, are authorized to use the 4-H Club name and emblem for their own educational or informational purposes in accordance with this part, on materials which are originated, requested, purchased, or distributed by them. The land-grant colleges, county Extension Services and local 4-H Clubs may only authorize, create and purchase 4-H materials for their own use. They are not permitted to authorize manufacturers, wholesalers, retailers, purchasers, or others to manufacture, or sell or distribute materials bearing the 4-H Club name and emblem for other uses or for resale:

(1) Distribution of materials requested by a local 4-H Club or county Extension Service is limited to the boundaries of the county within which the request originated.

(2) Distribution of materials requested by a State Extension Service is limited to the boundaries of the State within which the request originated.

(3) Any request for distribution of 4H materials on an interstate basis shall be brought to the attention of the Administrator.

(b) The National Committee on Boys and Girls Club Work, Inc., and the National 4-H Club Foundation of Amer ́ica, Inc., are granted authority to use the 4-H Club name and emblem in accordance with this part:

(1) The National Committee on Boys and Girls Club Work, Inc., shall be, to the maximum degree possible, the

source of supplies for the 4-H Club work except where they are not in the best position to provide a particular item.

§ 8.8 Use by public informational services.

(a) In any advertisement, display, exhibit, film, news release, publication, radio and television program devoted in whole or in part to the 4-H Clubs, the 4-H message or salute must be distinctly set apart from any commercial message or reference.

(b) Advertisements, public releases or displays in any form must not include actual or implied testimonials or endorsements of business firms, their products or services, either by 4-H Clubs, 4-H members, volunteer 4-H leaders, the Cooperative Extension Service or its employees. Statements that a product is used or preferred to the exclusion of similar products are not permitted.

(c) The granting of an authorization for the production of films, visual materials, books, publications, etc., using the 4-H Club name and emblem is contingent upon approval of the script of the film or draft of the publication when the draft is in its final working form. Preliminary plans and drafts may be submitted as work progresses in order to expedite final action.

§ 8.9 Use on calendars.

(a) The revocation of present authorizations provided in § 8.4 does not apply to authorizations for calendars now in production for hang-up before or in the year 1957.

(b) No State or county Extension Service or local 4-H Club is authorized to produce a 4-H Club calendar or authorize others to produce or sell a 4-H Club calendar.

(c) Calendars will be approved only on the basis of very high standards of quality and acceptable distribution plans:

(1) All organizations wishing to manufacture and merchandise calendars bearing the 4-H Club name and emblem shall submit to the Administrator the following specific materials and any supplementary information or materials which will help to provide

complete information regarding the calendar, its promotion and sales plan: (i) Application for authorization to use the 4-H Club name and emblem.

(ii) Samples (actual or dummy) of the various types of calendars on which the manufacturer wishes to use the 4-H Club name and emblem, including complete specifications as to size, art work, copy, color, paper stock, etc.

(iii) A statement on promotion, sales and distribution plans for the calendar bearing the 4-H Club name and emblem, including prices in various quantities, number of salesmen employed, or to be employed, extent of sales, territory to be covered, means of distribution to users, etc.

(iv) Copies of any and all sales or promotion literature which makes reference to 4-H Club work or calendars bearing the 4-H Club name and emblem.

(d) Notification of the grant of an authorization for the use of the 4-H Club name and emblem for a specific year will be received by the calendar manufacturer from the Administrator.

(e) During each year that the authorization is in effect, art work, copy and related plans for each complete calendar and any pertinent changes from the original approved sales and distribution plan, must be submitted for approval to the Administrator, Federal Extension Service, U.S. Department of Agriculture, Washington 25, D.C.

(f) The main illustration shall be used only on the calendar series for which authorization is granted and shall not be used on other calendars. The main illustration and other illustrations used shall be in keeping with the ideals, spirit and objectives of the 4-H Club Program. Natural color oil paintings or photo reproductions of real life situations depicting the educational work of 4-H Clubs shall be used.

(g) All calendar copy must contain a line near the advertiser's name indicating that the distribution of the calendar is designed to further the educational program of 4-H Club work.

(h) Copy, art work, subject matter, and information appearing in or on

the calendar shall not in any way imply endorsement of the firm or individual sponsoring the calendar, nor of its products, services, or calendar copy by the United States Department of Agriculture, land-grant colleges, or Extension Service, including the 4-H Clubs, or its representatives.

(i) Space devoted to advertising shall not exceed 10 percent of the total calendar space. The name of only one sponsor or advertiser shall appear on a calendar.

(j) It is preferred that calendars be sold or distributed by purveyors of common necessities such as credit (banks), farm machinery, seeds, fertilizers, groceries, lumber, etc., or through farm organizations, insurance companies, etc.

(k) Calendars bearing the 4-H Club name and emblem shall not be sold to or distributed through any business whose sponsorship or use thereof might reflect unfavorably on the Extension Service or on 4-H Club work. Sales are strictly prohibited to any firm or individual engaging primarily in the manufacture, sale or distribution of liquor and to any establishment engaged primarily in the manufacture, distribution and sale of tobac co products.

(1) Appropriate staff members of the Extension Service shall have the privi lege of passing at any time upon the general classification and character of firms to whom calendars are sold. Calendar manufacturers shall refrain from selling and distributing calendars in any State where approval for sales and distribution is not first given by the State Extension Director.

(m) Sales representatives shall contact the State Extension Director or his representative before conducting sales in that State, and shall contact the county Extension office before selling or distributing within a county. State or county staff members will advise with authorized company representatives relative to acceptable sales and distribution policies and plans in the State or county concerned.

(n) To the extent practicable, the State Extension Director shall receive an annual list of sponsors of calendars in his State, including the number

purchased by each and the distribution by counties.

(0) Calendar manufacturers shall fully inform their promotional, educational and sales representatives regarding the organization, structure, objective and policies of the Cooperative Extension Service of which the 4H Club program is a part, as they relate to carrying out the provisions of these regulations. Special care must be exercised to avoid statements or implications which would embarrass the Cooperative Extension Service. No claims may be made of an exclusive franchise or agency for 4-H calendars.

§ 8.10 Mailing lists and sales promotion by employees.

The Extension Service or its employees shall not make available mailing lists of 4-H Club leaders, members, or other co-operators. Extension Service employees may not engage in or promote the sale of calendars.

PART 9-AWARD OF FELLOWSHIPS TO APPLICANTS FROM OTHER AMERICAN REPUBLICS

Sec.

9.1 Type of fellowship.

9.2 Qualifications.

9.3 Award of fellowships.

9.4 Allowances and expenses.

9.5 Duration of fellowships.
9.6 Official notification.
9.7 Definitions.

AUTHORITY: 5 U.S.C. 301. Interpret or apply secs. 1, 2, 53 Stat. 1290; 22 U.S.C. 501, 502.

SOURCE: 9 FR 5031, May 13, 1944, unless otherwise noted. Redesignated at 37 FR 28463, Dec. 27, 1972.

§ 9.1 Type of fellowship.

Fellowships shall be of the interntraining type, consisting of instruction by the respective bureaus of the Department of Agriculture as follows:

(a) Agricultural Research Service (Option I): (1) Agricultural economics, (2) agricultural program formulation and administration, (3) agricultural statistics, (4) rural sociology, and (5) technological research in agriculture or more specialized application in dairy industry, animal husbandry, entomology or plant industry and soils.

Each applicant selected for a fellowship shall be:

(a) A bona fide citizen of any of the American republics other than the United States;

(b) In possession of a certificate of medical examination issued by a licensed physician within sixty days of the date of application, describing the applicant's physical condition, and stating that he is free from any communicable disease or disability that would interfere with the proper pursuit of studies or research or the performance of any activity incident to the fellowship;

(c) Able to speak, read, write and understand the English language;

(d) of good moral character and possessing intellectual ability and suitable personal qualities;

(e) In possession of acceptable evidence of studies indicating the completion of the equivalent of a four-year college course in agriculture, economics, engineering or related science at a recognized institution of learning, or a minimum of two years of such education accompanied by at least four years of experience in the field of his option.

§ 9.3 Award of fellowships.

Fellowships will be awarded by the Secretary of Agriculture of the United States, upon the recommendation of the heads of the respective bureaus, and with the approval of the Secretary of State of the United States, or the duly authorized representative of the Secretary of State. No applicant will be considered in awarding fellowships unless his application shall have been transmitted by the government of the American republic of which the applicant is a citizen, through the dip