(a) Application for license to inspect, grade, and weigh cold-pack fruit under the act shall be made to the Administrator on forms furnished for the purpose by him.

(b) Each such application shall be signed by the applicant, shall be verified by him under oath or affirmation administered by a duly authorized officer, and shall contain (1) the name and location of the warehouse or warehouses licensed, or for which application for license has been made under the act, in which cold-pack fruit sought to be inspected, graded, and weighed under such license is or may be stored; (2) a statement from the warehouseman conducting such warehouse showing whether the applicant is competent and is acceptable to such warehouseman for the purpose; (3) satisfactory evidence that he has had the necessary experience to properly inspect, grade, and weigh the kind of coldpack fruit for which a license is sought; (4) a statement by the applicant that he agrees to comply with and abide by the terms of the act and the regulations in this part so far as the same may relate to him; and (5) such other information as the Service may deem necessary.

§ 112.55 Examination of applicants.

Each applicant for a license as an inspector, grader, and weigher, and each licensed inspector, grader, and weigher, shall whenever requested by an authorized agent of the Department of Agriculture designated by the Administrator for the purpose, submit to an examination or test to show his ability to perform properly the duties for which he is applying for a license or for which he has been licensed.

§ 112.56 Posting of license.

Each licensed inspector, grader, and weigher shall keep his license conspicuously posted in the office where the receipts are issued.

Each inspector, grader, and weigher, when requested, shall, without discrimination, as soon as practicable and upon reasonable terms, inspect, grade, and weigh and certificate the condition, grade, and weight of cold-pack fruit stored or to be stored in a licensed warehouse, if such cold-pack fruit be offered to him under such conditions as permit proper inspecting, grading and weighing. Each such licensee shall give preference to persons who request his services as such over persons who request his services in any other capacity. No inspection, grade, or weight certificate shall be issued under the act for cold-pack fruit not stored or not to be stored in a licensed warehouse.

§ 112.58

Inspector's, grader's, and weigher's certificate; form.

(a) Each inspection, grade, and weight certificate issued under the act by a licensed inspector, grader, and weigher shall be in a form approved for the purpose by the Service and shall embody within its written or printed terms (1) the caption "United States Warehouse Act Cold-Pack Fruit Inspection, Grade, and Weight Certificate"; (2) whether it is an original, duplicate, or other copy; (3) the name and location of the warehouse in which the cold-pack fruit is or is to be stored; (4) the place where and the date and hour when the cold-pack fruit was packed and inspected; (5) the number of barrels or other containers, provided that if the cold-pack fruit is in cans, the size of the cans and the number of cases;

(6) the grade of the cold-pack fruit; (7) the kind of cold-pack fruit; (8) the gross, tare, and net weight of the cold-pack fruit when packed; (9) the depositor's name, code mark, and any other identification mark or marks; (10) a statement that the certificate is issued by a licensed inspector, grader, and weigher under the United States Warehouse Act and the regulations in this part; (11) a blank space in which any general remarks on the condition, grade, weight, or other pertinent information may be shown; (12) any other matter not inconsistent with the act or the regulations in this part, provided the approval of the Service is first obtained; (13) a blank space in which the licensed inspector, grade, and weigher at the place where the cold-pack fruit is packed shall indicate the exact date and hour when the cold-pack fruit described in the certificate left the packing plant for the licensed warehouse; (14) a blank space in which the licensed inspector, grader, and weigher at the licensed warehouse shall certify to the exact date and hour when the cold-pack fruit described in the certificate was received at the licensed warehouse and entered the sharp room, and the lot number assigned to it by the warehouseman. Under no circumstances shall certificates be issued for products known to be in violation of Federal or State food and drug laws.

(b) When cold-pack fruit leaves the packing house for the licensed warehouse, the licensed inspector, grader, and weigher who inspected, graded, and weighed said shipment at the packing plant shall insert in the certificate the exact date and hour when the fruit covered by the certificate left the packing plant and shall send under sealed cover, by the quickest available means, the original certificate or certificates describing said shipment, and one copy of each original certificate, to the licensed inspector, grader, and weigher at the licensed warehouse to which said shipment is consigned, who in turn shall insert at the proper place on said certificate the information required by paragraph (a) (14) of this section and thereupon deliver the original certificate to the licensed warehouseman with whom the fruit is to be stored.

CROSS REFERENCE: For regulations of the Food and Drug Administration, see 21 CFR Chapter I.

Each licensed inspector, grader, and weigher shall keep for a period of 1 year, in a place accessible to persons financially interested in the cold-pack fruit, a copy of each certificate issued by him under the regulations in this part and shall file a copy of each such certifiIcate with the warehouse in which the cold-pack fruit covered by the certificate is stored.

§ 112.60 Licensees to permit and assist in examination.

Each licensed inspector, grader, and weigher shall permit any officer or agent of the Department of Agriculture, authorized by the Secretary for the purpose, to inspect or examine at any time his books, papers, records, and accounts relating to the performance of his duties under the act and the regulations in this part, and shall, with the consent of the warehouseman concerned, assist any such officer or agent in the inspection or examination of records mentioned in § 112.34 as far as any such inspection or examination relates to the performance of the duties of such licensed inspector, grader, and weigher under the act and the regulations in this part.

Each licensed inspector, grader, and weigher shall from time to time, when requested by the Service, make reports on forms furnished for the purpose by the Service, bearing upon his activities as such licensed inspector, grader, and weigher.

§ 112.62 Licenses; suspension, revocation.

Pending investigation, the Secretary, or his designated representative, may, whenever he deems necessary, suspend the license of an inspector temporarily without hearing. Upon a written request and a satisfactory statement of reasons therefor, submitted by the inspector, or when the inspector has ceased to perform such services at the warehouse, the Secretary, or his designated representative, may, without hearing, suspend or revoke the license issued to such inspector. The Secretary, or his designated representative, may, after opportunity for hearing, when possible, has been afforded in the manner prescribed in this section, suspend or revoke a license

issued to an inspector, grader, and weigher, when such inspector, grader, and weigher has in any manner become incompetent or incapacitated to perform the duties of a licensed inspector, grader, and weigher. As soon as it shall come to the attention of a warehouseman that any of the conditions mentioned in this section exists, it shall be his duty to notify in writing the Service. Before the license of any inspector, grader, and weigher is permanently suspended or revoked pursuant to section 12 of the act, such licensee shall be furnished by the Secretary, or by his representative, a written statement specifying the charges, and shall be allowed a reasonable time within which he may answer the same in writing and apply for a hearing, an opportunity for which shall be afforded in accordance with § 112.73.

[5 F. R. 2472, July 4, 1940, as amended at 13 F. R. 8730, Dec. 30, 1948]

(a) If a license issued to an inspector, grader, and weigher is suspended or revoked by the Secretary, or his designated representative, it shall be returned to the Secretary. At the expiration of any period of suspension of a license, unless in the meantime it be revoked, the dates of the beginning and termination of the suspension shall be indorsed thereon, and it shall be returned to the inspector, grader, and weigher to whom it was originally issued, and it shall be posted as prescribed in § 112.56: Provided, That in the discretion of the Administrator a new license may be issued without reference to such suspension.

(b) Any license issued to an inspector shall automatically be suspended or terminated as to any warehouse whenever the license of such warehouse shall expire or be suspended or revoked. Thereupon the license of such inspector, grader, and weigher shall be returned to the Secretary. If such license is applicable to warehouses other than those for which the licenses have been suspended or revoked, the Secretary or his designated representative shall issue a new license to the inspector, omitting the names of the warehouses for which licenses have been so suspended or revoked. Such new license shall be posted as prescribed in § 112.56.

§ 112.64 Lost or destroyed licenses.

Upon satisfactory proof of the loss or destruction of a license issued to an inspector a duplicate thereof may be issued under the same number.

§ 112.65 Unlicensed inspector, grader, and weigher; misrepresentation.

No person shall in any way represent himself to be an inspector, grader, or weigher under the act unless he holds an unsuspended or unrevoked license under the act.

COLD-PACK FRUIT INSPECTION AND
CLASSIFICATION

§ 112.66

Classification; statement.

Whenever the kind, grade, or other class or condition of cold-pack fruit is required to be or is stated for the purpose of the act and the regulations in this part, it shall be stated in accordance with §§ 112.66-112.68.

§ 112.67 Standards to be used.

Until such time as official marketing grades of the United States have been promulgated and are in effect, for the purpose of administering this act and the regulations in this part, the kind and grade of cold-pack fruit shall be stated as far as applicable (a) in accordance with standards, if any, under the Federal Food, Drug and Cosmetic Act, (b) in the absence of Federal standards, in accordance with the State standards, if any, established by the State in which the warehouse is located; (c) in the absence of any State standards, in accordance with the standards, if any, adopted by any cold-pack fruit organization or by the cold-pack trade generally in the locality in which the warehouse is located, subject to the disapproval of the Administrator; or (d) in the absence of the aforesaid standards, in accordance with any standards approved by the Administrator. [SRA 159, Amdt. 1, 5 F. R. 3761, Sept. 24, 1940]

CROSS REFERENCE: For regulations under the Federal Food, Drug, and Cosmetic Act, see 21 CFR Chapter I.

§ 112.68 Statement of kind; grade; condition.

Whenever the kind, grade, or other class or condition of cold-pack fruit is stated for the purposes of this act and the regulations in this part, the terms used shall be correctly applied and

(a) If a question arises as to whether the kind, grade, or condition of coldpack fruit was correctly stated in a receipt or inspection certificate issued under the act or the regulations in this part, the warehouseman concerned or any person financially interested in the cold-pack fruit involved may, after reasonable notice to the other party, submit the question to the Administrator, who may appoint a committee to make a determination. The decision of the committee shall be final, unless the Administrator shall direct a review of the question. Immediately upon making its decision, the committee shall issue a certificate embodying its findings to the appellants and to the licensee or licensees involved.

(b) If the decision of the committee be that the kind, grade, or condition was not correctly stated the receipt or certificate involved shall be returned to and be canceled by the licensee who issued it, and the licensee shall issue in lieu thereof a new receipt or certificate embodying therein the statement of kind, grade, or condition in accordance with the findings of the committee.

(c) All necessary and reasonable expenses of such determination shall be borne by the losing party, unless the Administrator or his representative shall decide that the expense shall be prorated between the parties.

of said warehouses, may in lieu of a bond or bonds, complying with §§ 112.11-112.12, file with the Secretary or his designated representative a single bond meeting the requirements of the act and the regulations in this part, in such form and in such amount not less than $5,000, as he shall prescribe, to insure the performance by such person with respect to the acceptance of the custody of cold-pack fruit and its storage in the warehouses in such system for which licenses are or may be issued, of his obligations arising during the periods of such licenses, and in addition, if desired by the applicant, during the periods of any modifications or extensions thereof. In fixing the amount of such bond consideration shall be given, among other appropriate factors, to the character of the warehouses involved, their actual or contemplated capacity, the bonding requirements of the State, and its liability with respect to such warehouses. If the Secretary or his designated representative shall find the existence of conditions warranting such action, there shall be added to the amount of the bond so fixed a further amount, fixed by him, to meet such conditions.

§ 112.71 Publications.

Publications under the act and the regulations in this part shall be made in Service and Regulatory Announcements of the Consumer and Marketing Service and such other media as the Administrator may from time to time designate for the purpose.

§ 112.72

Information of violations.

Every person licensed under the act shall immediately furnish the Administrator any information which comes to the knowledge of such person tending to show that any provision of the act or the regulations in this part has been violated.

§ 112.73 Procedure in hearings.

For the purpose of hearings under the act or the regulations in this part, except those relating to appeals or arbitrations, the licensee involved shall be allowed a reasonable time within which affidavits and other proper evidence may be submitted. If requested by the licensee within such time, an oral hearing, of which reasonable notice shall be given, shall be held before, and at a time and place fixed by an official authorized by

the Secretary. The testimony of the witnesses at such oral hearing shall be upon oath or affirmation administered by the official before whom the hearing is held, when required by him. Such oral hearing may be adjourned by such official from time to time. After reasonable notice to all parties concerned, the deposition of any witness may be taken at a time and place and before a person designated for the purpose by the official before whom the hearing is held. Every written entry in the records of the Department made by an officer or employee thereof in the course of his official duty, which is relevant to the issue involved in a hearing, shall be admissible as prima facie evidence of the facts stated therein without the production of such officer or employee. Copies of all papers and all the evidence submitted or considered in such hearing shall be made a part of the records of the Department. At the end of the oral hearing, the parties shall be afforded an opportunity to file proposed findings of fact, conclusions of law, and orders, after which the official before whom the hearing is held shall prepare his report including his recommended findings of fact, conclusions of law, and order, which shall be served upon the parties, who may file exceptions thereto within a time specified by such official. After the expiration of such time, such report together with any proposed findings of fact, conclusions of law, and orders, and exceptions filed by the parties shall be transmitted to the Secretary for consideration. Each party shall pay all expenses contracted by him in connection with any hearing under this section.

[13 F. R. 8730, Dec. 30, 1948]

§ 112.74

Combination license.

A license may be issued for the storage of two or more agricultural products in a single warehouse. Where such a license is desired, a single application, inspection, bond, record, report or other paper, document or proceeding relating to such warehouse, shall be sufficient unless otherwise directed by the Administrator. § 112.75 Bond, fees, for combination license.

Where such license is desired, the amount of the bond, net assets, and inspection and license fees shall be determined by the Administrator in accordance with the regulations applicable to the particular agricultural