§ 58.2754 U.S. grade not assignable.

Instant nonfat dry milk shall not be assigned the U.S. grade for one or more of the following reasons: (a) Fails to meet the requirements for U.S. Extra grade, (b) has direct microscopic clump count exceeding 75 million per gram or (c) the phosphatase test shows more than 4 micrograms of phenol per ml. of reconstituted nonfat milk.

contained in

§ 58.2756 Test methods. (a) Testing methods Methods of Laboratory Analyses for Dry Whole Milk, Nonfat Dry Milk, Dry Buttermilk and Dry Whey, Consumer and Marketing Service, U.S. Department of Agriculture, February 1, 1961 (Mimeo), or the latest revision thereof, are to be used to determine bacterial estimate as standard plate count, direct microscopic clump count, coliform count, milkfat content, moisture content, scorched particle content, solubility index, titratable acidity, dispersibility and flavor examination. Dispersibility shall be determined by the Tentative Method. NOTE: All tests to be determined upon samples drawn from sound, undamaged packages.

(1) Phosphatase activity. Residual phosphatase shall be determined using Method II, Official Methods of Analysis of the Association of Official Agricultural Chemists, Ninth Edition, 1960 or latest revision thereof.

§ 58.2759 Explanation of terms.

(a) With respect to flavor-(1) Slight. Detected only upon critical examination. (2) Chalky. A tactual type of flavor lacking in characteristic milk flavor.

(3) Cooked. Similar to a custard flavor and imparts a smooth aftertaste. (4) Feed. Characteristic of the feed flavors in milk.

(5) Flat. Lacking characteristic fla

vor.

(b) With respect to physical appearance-(1) Reasonably free-flowing. Pours in a fairly constant, uniform stream from the open end of a tilted container or scoop.

(2) Very slight pressure. Lumps fall apart with only light touch.

61.38

Suspended license to be returned to

Division.

(3) Natural color. A color that is

Reports of licensed samplers.

61.1 Words in singular form.

Words used in the regulations in this ubpart in the singular form shall be eemed to import the plural, and viceersa, as the case may demand.

61.2 Terms defined.

As used throughout the regulations in his part, unless the context otherwise equires, the following terms shall be onstrued, respectively to mean:

(a) The act. The applicable proisions of the Agricultural Marketing Act f 1946 (60 Stat. 1087; 7 U. S. C. 1621 Et seq.) or any other act of Congress conerring like authority.

(b) Regulations. Regulations mean he provisions in this subpart.

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

(d) Secretary. The Secretary of Agiculture of the United States, or any Officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(e) Service. The Consumer and Marketing Service of the United States Department of Agriculture.

(f) Administrator. The Administrator of the Consumer and Marketing Service, or any officer or employee of the Service, to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(g) Division. The Cotton Division of the Consumer and Marketing Service.

(h) Director. The Director of the Cotton Division, or any officer or employee of the Division to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(i) Custodian. Person who has possession or control of cottonseed or of samples of cottonseed as agent, controller, broker, or factor, as the case may be.

(j) Owner. Person who through flnancial interest owns or controls, or has the disposition of either cottonseed or of samples of cottonseed.

(k) Official cottonseed standards. The official standards of the United States for the grading, sampling, and analyzing of cottonseed sold or offered for sale for crushing purposes.

(1) Supervisor of cottonseed inspection. An officer of the Division designated as such by the Director.

(m) License. A license issued under the act by the Secretary.

(n) Licensed cottonseed chemist. A person licensed under the act by the Secretary to make quantitative and qualitative chemical analyses of samples of cottonseed according to the methods prescribed by the Director and to certificate the grade according to the official cottonseed standards of the United States.

(0) Licensed cottonseed sampler. A person licensed by the Secretary to draw and to certificate the authenticity of samples of cottonseed in accordance with the regulations in this subpart.

(p) Dispute. A disagreement as to the true grade of a sample of cottonseed analyzed and graded by a licensed chemist.

(q) Party. A party to a dispute.

(r) Commercial laboratory. A chemical laboratory operated by an individual, firm, or corporation in which one or more persons are engaged in the chemical analysis of materials for the public.

(s) Cottonseed. The word "cottonseed" as used in this part means the seed, after having been put through the

usual and customary process known as cotton ginning, of any cotton produced within the continental United States.

(t) Lot. That parcel or quantity of cottonseed offered for sale or tendered for delivery or delivered on a sale or contract of sale, in freight cars, trucks, wagons, or otherwise in the quantities and within the time limits prescribed from time to time by the Director for the drawing and preparation of official samples by licensed cottonseed samplers.

(u) Official sample. A specimen of cottonseed drawn and prepared by a licensed cottonseed sampler and certified by him as representative of a certain identified lot, in accordance with the regulations in this subpart.

§ 61.2a Designation of official certificates, memoranda, marks, other identifications, and devices for purpose of the Agricultural Marketing Act.

Subsection 203 (h) of the Agricultural Marketing Act of 1946, as amended by Public Law 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks, or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified:

(a) "Official certificate" means any form of certification, either written or printed, used under this part to certify with respect to the inspection, sampling, class, grade, quality, quantity, or condition of products (including the compliance of products with applicable specifications).

(b) "Official memorandum"

means

any initial record of findings made by an authorized person in the process of grading, inspecting, or sampling, pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.

(c) "Official mark" means the grade mark, inspection mark, and any other mark, approved by the Administrator

and authorized to be affixed to any prod uct, or affixed to or printed on the pack aging material of any product, statin that the product was graded or in spected or both, or indicating the ap propriate U. S. grade or condition of th product, or for the purpose of maintain ing the identity of products graded o inspected or both under this part.

(d) "Official identification" mean any United States (U. S.) standard des ignation of class, grade, quality, quan tity, or condition specified in this par or any symbol, stamp, label, or seal in dicating that the product has bee officially graded or inspected and/or in dicating the class, grade, quality, quan tity, or condition of the product, ap proved by the Administrator and au thorized to be affixed to any product, o affixed to or printed on the packagin material of any product.

(e) "Official device" means a stamp ing appliance, branding device, stenci printed label, or any other mechanicall or manually operated tool that is ap proved by the Administrator for the pur pose of applying any official mark o other identification to any product or th packaging material thereof.

The Director shall perform for an under the supervision of the Secre tary and the Administrator, suc duties as the Secretary or the Aċ ministrator may require in enforcing th provisions of the act and the regulation § 61.4 Supervisor of cottonseed inspe tion.

The Director, whenever he deen necessary, may designate an officer the Division as supervisor of cotto seed inspection who shall supervise t inspection and sampling of cottonse and perform such other duties as may required of him in administering the a and the regulations.

§ 61.5 Regulations to govern.

The inspection, sampling, analyzin and grading of cottonseed in the Unit States pursuant to the act shall be pe formed as prescribed in methods a proved from time to time by the Directo § 61.6

Denial of further services.

Any person, partnership, or corpor tion that shall have undertaken to utili the services of licensed cottonseed san

plers and licensed cottonseed chemists under these regulations who shall not make available for official sampling and analysis each lot of cottonseed purchased or sold on grade and received by such person or partnership or corporation, may be denied further services under the act and these regulations: Provided, That in cases of persons, partnerships, or corporations operating two or more cottonseed crushing units under separate local managements, such penalty shall apply only to the offending unit, unless it shall be shown that the actions of such unit were at the direction or with the knowledge, approval, or acquiescence of the general management.

§ 61.7 Misrepresentation.

Any wilful misrepresentation or any deceptive or fradulent practice made or committed by an applicant for a cottonseed sampler's certificate or for a cottonseed chemist's certificate or for an appeal grade certificate in connection with the sampling or grading of cottonseed by persons licensed under the act and the regulations or the issuance or use of a certificate not issued by a person licensed under the regulations in imitation of or that might mislead anyone to believe that such certificate was in fact issued by a person licensed under the act, or that might be otherwise false, misleading, or deceptive, may be deemed sufficient cause for debarring such applicant from any further benefits of the act.

§ 61.8 Application for review.

In case of dispute in which a review is desired of the grading of any sample of cottonseed covered by a valid certificate issued by a licensed cottonseed chemist, application therefor shall be filed with or mailed to a supervisor of cottonseed inspection within ten days after the date of the original certificate, whereupon the licensed chemist issuing the certificate shall immediately surrender to such supervisor the retained portion of the original sample, together with such records as may be required, for the determination of the true grade. The supervisor shall assign to such retained portion an identification number, shall divide such retained portion into two parts and submit the parts to two other licensed cottonseed chemists for reanalysis. Should the supervisor determine that such reanalyses indicate a grade differing from the original by not more than plus or minus one full grade, the original grade

shall be considered the true grade. Should he find that such reanalyses indicate a grade differing more than plus or minus one full grade from the original, he shall determine the true grade. In any case, the supervisor shall issue over his name an appeal cottonseed grade certificate showing the true grade as determined in accordance with this section, which shall supersede the licensed chemists' certificates relating to the grade of such seed. Where due solely to errors in calculation or clerical error a grade certificated by a licensed cottonseed chemist is not the true grade, the supervisor shall direct the licensee to cancel the original and to issue a correct certificate. Should such error be found after an application for review has been filed, the supervisor shall nevertheless issue an appeal cottonseed grade certificate showing the true grade of the cottonseed involved.

§ 61.9 Cost of review.

In cases of review of the grade of any official sample of cottonseed, payment covering the costs of re-analysis shall accompany the application.

LICENSED COTTONSEED CHEMISTS

§ 61.10 Application for license as cottonseed chemist; form.

(a) Application for licenses to analyze and grade cottonseed shall be made to the Director on forms furnished for the purpose by the Division.

(b) Each such application shall be in English, shall be signed by the applicant, and shall contain or be accompanied by satisfactory evidence (1) that he has passed his twenty-fifth birthday and that he is an actual resident of the continental United States; (2) that he holds a degree in chemistry or chemical engineering from a recognized college or university and has had not less than three years' practical experience in laboratory work in which he shall have analyzed quantitatively and qualitatively samples of cottonseed; or in the absence of a degree from a recognized college or university, that he has had at least five years' practical laboratory experience, three years of which shall have been devoted chiefly to the analysis of samples of cottonseed; (3) that he will have no financial interest in any cottonseed oil mill or cotton ginning establishment; (4) that he agrees to comply with and abide by the terms of the act and these

regulations so far as they may relate to him; (5) that he is an independent analytical chemist or an employee of a commercial analytical laboratory; (6) that he owns or will have the use of all of the apparatus specified in the methods established hereunder for the analysis and grading of cottonseed; and (7) such other information as the Director may deem necessary.

(c) Every chemist licensed hereunder to analyze cottonseed and to certificate the grade thereof shall follow precisely the methods of analysis approved from time to time by the Director.

(d) The applicant shall furnish such additional information as the Director shall at any time find to be necessary to the consideration of his application. § 61.11 Examination of applicant.

Each applicant for a license as a chemist and each licensed chemist shall when requested submit to an examination or test to show his ability to analyze and grade cottonseed. His failure to pass such test may be considered sufficient ground for withholding the issuance to him of a license or of a renewal of a license.

§ 61.12 Period of license; renewals.

The period for which a license may be issued shall be from the first day of August until and including the 31st day of July following. Renewals shall be for not more than 1 year beginning with the first day of August of each year, provided that licenses issued on and after June 1 of any year shall be for the period ending on July 31 of the following year.

§ 61.13 Conditions in licensing.

It shall be a condition of the licensing of any person, and of the retention by him of a license, that during the active cotton season each year he shall be engaged in or in connection with the grading of cottonseed; that all cottonseed offered for grading shall be analyzed and graded in accordance with the official cottonseed standards of the United States; that each sample of cottonseed received for analysis and grading shall

be handled in the order of its receipt at his place of business; and that such license shall not be used or be allowed to be used for any improper purpose.

§ 61.14 Fees for grading and certifica tion.

Whenever any licensed chemist shall grade and/or certificate any cottonseed or samples in consideration of a fee, the fee charged shall be reasonable, unconditional, non-discriminatory, and shall be in accordance with a schedule previously submitted to and approved by the Division. The schedule shall include the certificate fee provided for in § 61.45. § 61.15 Records of analyses; inspection of records.

Each licensed chemist, shall keep, or shall cause to be kept for him, for a period of at least 1 year after date of analysis, a record of the analysis of each individual sample of cottonseed graded by him. Each licensed chemist shall permit any authorized officer or agent of the Department to inspect or examine, on any business day during the usual hours of business, his books and records relating to analyses of cottonseed samples and issuance of cottonseed grade certificates under the act and the regulations in this subpart.

§ 61.16

Official and unofficial samples; analyses; certificate.

(a) Each licensed cottonseed chemist shall assign a laboratory number to each sample of cottonseed received by him and shall analyze and certificate over his signature the grade of each sample or lot of cottonseed in the order in which the sample is received.

(b) Each such sample which is in proper condition for analysis under these regulations and which is accompanied by the certificate of a licensed cottonseed sampler certifying it to be an official sample representing an identified lot of cottonseed shall be considered an official sample. In any case where the original sample is lost or destroyed before analysis, the duplicate thereof retained by the licensed cottonseed sampler as provided in § 61.34 shall become the official sample. Each licensed chemist shall retain for at least two weeks a