Sesame Soybean Sunflower Wheat

shall contain a statement by the importer that such seed is for seeding purposes and such seed is subject to the import requirements of the act.

(c) If any seed enumerated in this section is declared for seeding purposes and is found upon examination by the Consumer and Marketing Service not to meet the requirements of the Federal Seed Act, the importer shall be permitted to withdraw his declaration made under this section upon notification from the Consumer and Marketing Service that the seed may be released for feeding or manufacturing purposes. In this event, the importer shall be required to file a new declaration that no part of the importation will be used for seeding purposes.

(d) The collector of customs shall notify the Department of Agriculture of any change in the nature of a declaration made under this section.

(e) The invoice and any other labeling pertaining to vegetable seed offered for importation shall bear the name of each kind and variety of the vegetable seed, and the invoice and any other labeling pertaining to agricultural seed offered for importation shall bear the name of

each kind or variety of the agricultural seed.

[5 F.R. 40, Jan. 4, 1940, as amended at 6 F.R. 3961, Aug. 8, 1941; 10 F.R. 9949, Aug. 11, 1945; 14 F.R. 6459, Oct. 22, 1949; 20 F.R. 7856, Oct. 19, 1955; 22 F.R. 6587, Aug. 16, 1957, 24 F.R. 2270, Mar. 24, 1959, 26 F.R. 10150, Oct. 31, 1961, 28 F.R. 6871, July 4, 1963]

§ 201.223

SCREENINGS

Screenings prohibited entry. Screening of all seed subject to the Federal Seed Act are prohibited entry into the United States except as provided under $201.224.

[5 F.R. 40, Jan. 4, 1940]

§ 201.224 Screenings permitted entry.

Screenings consisting of wheat, oats, rye, barley, buckwheat, field corn, sorghum including broomcorn, flax, millet, Proso, soybeans, cowpeas, field peas, and field beans may be imported, provided such screenings are not imported for seeding purposes and are so declared by the words "screening for processing, not for seeding" in the invoice or other papers required to be presented to the collector of customs.

[5 F.R. Jan. 4, 1940, as amended at 24 F.R. 2270, Mar. 24, 1959]

SEED ADULTERATED OR UNFIT FOR SEEDING PURPOSES

§ 201.225 Cleaning or processing.

Seed which is found under the provisions of the act to be adulterated or unfit for seeding purposes may be cleaned or processed under the supervision of an employee or authorized agent of the U.S. Department of Agriculture. The cleaning or processing shall be at the expense of the owner or consignee who shall reimburse the Government for all expenses incurred in connection with such supervision, including travel, per diem or subsistence, and salaries of officers or employees of the United States. Travel and per diem or subsistence expenses shall be reimbursed at the rate allowed for employees of the United States in accordance with Standardized Government Travel Regulations. Salary shall be reimbursed at the average rate paid to employees engaged in supervision activities plus average related costs. The identity of the seed shall be maintained at all times to the satisfaction of the persons supervising the cleaning or processing. The refuse from such cleaning shall be placed in containers and securely sealed and identified. If upon analysis,

test, or examination of a representative sample of the cleaned seed, it is found that the requirements of the act have been met, that portion of the seed may be admitted.

[5 F.R. 40, Jan. 4, 1940, as amended at 24 F.R. 2270, Mar. 24, 1959, 26 F.R. 10150, Oct. 31, 1961]

§ 201.226 Destruction of refuse.

The refuse from such cleaning shall be destroyed under the supervision of an employee or authorized agent of the U.S. Department of Agriculture. The destruction of refuse shall be at the expense of the owner or consignee who shall reimburse the Government for all expenses incurred in connection with such supervision, including travel, per diem or subsistence, and salaries of officers or employees of the United States. Travel and per diem or subsistence expenses shall be reimbursed at the rate allowed for employees of the United States in accordance with Standardized Government Travel Regulations. Salary shall be reimbursed at the average rate paid to employees engaged in supervision activities plus average related costs.

[5 F.R. 40, Jan. 4, 1940, as amended at 24 F.R. 2270, Mar. 24, 1959, 26 F.R. 10150, Oct. 31, 1961]

§ 201.227 Report to collector of cus

toms.

§ 201.228 Correction of labeling.

See being imported or offered for importation, the labeling of which is false or misleading in any respect, shall be refused admission into the commerce of the United States until such labeling has been corrected to meet the requirements of the act and the rules and regulations in this part. Any correction of the labeling upon the containers shall be done under the supervision of the U.S. Department of Agriculture at the expense of the owner or consignee, who shall reimburse the Government for all expenses incurred in connection with such supervision, including travel, per

diem or subsistence, and salaries of officers or employees of the United States. Travel and per diem or subsistence expenses shall be reimbursed at the rate allowed for employees of the United States in accordance with Standardized GovSalary ernment Travel Regulations.

shall be reimbursed at the average rate paid to employees engaged in supervision activities plus average related costs. When a representative of the Department of Agriculture finds upon examination of seed that it is incorrectly described on the invoice presented at the time of entry, a finding of "false labeling" under the Federal Seed Act of August 9, 1939, will be made. The seed will be refused admission until after the importer has given satisfactory assurance to the Department of Agriculture that he has taken appropriate steps to file with the collector of customs at the port of entry a corrected customs invoice describing the seed in terms which will not constitute "faise labeling." Upon receipt of such assurance, the Department of Agriculture will notify the collector of the nature of the "false labeling" and that the seed may be granted admission under the Federal Seed Act. The importer will be liable for the payment of liquidated damages under the bond filed in connection with the entry unless a corrected customs invoice is produced within the time provided for by law or regulations.

[5 F.R. 40, Jan. 4, 1940, as amended at 10 F.R. 9949, Aug. 11, 1945, 24 F.R. 2270, Mar. 24, 1959, 26 F.R. 10150, Oct. 31, 1961]

§ 201.228a Declaration of labeling.

For each importation of seed the importer shall submit with the entry papers a copy of the commercial invoice showing thereon or on a statement attached thereto, for each lot, under the heading "Declaration of Labeling," any information on or attached to the containers of the seed regarding the kind or kind and variety; distinguishing marks; origin; percentages of pure seed, weed seed, inert matter, other crop seed, pure live seed, germination, and hard seeds; the date of test; the name and rate of occurrence of noxious-weed seeds; and the name of any substance or process used in treating the seed: Provided, That a declaration of labeling shall not be required for any kind of seed enumerated in § 201.222 that is imported for other than seeding purposes.

[28 F.R. 6871, July 4, 1963]

MIXING SEED

§ 201.229 Prohibition against and exception.

Mixing any seed or screenings with a lot or shipment of seed or screenings offered for entry which has been found to be in violation of the act or the regulations in this part is prohibited, except that in cases where it shall appear to the satisfaction of the Administrator of the Consumer and Marketing Service that two or more such lots or shipments of seed or screenings offered for entry are of substantially the same quality and origin, they may be mixed for the purpose of recleaning upon a written permit from the Administrator of the Consumer and Marketing Service.

[5 F.R. 40, Jan. 4, 1949]

REJECTED SEED OR SCREENINGS

§ 201.230 Exportation or destruction.

(a) Seed or screenings refused admission into the commerce of the United States shall be exported under customs supervision by the owner or consignee within 12 months of the date of notice of such refusal or at the expiration of such 12-month period the rejected seed or screenings shall be destroyed under the supervision of an employee or authorized agent of the United States Department of Agriculture in such manner as may be determined by the United States Department of Agriculture.

(b) When seed or screenings which have been refused admission into the commerce of the United States are exported the collector of customs shall notify the office of the United States Department of Agriculture that issued the notice of rejection and shall also submit to said office a sample drawn from the seed at the time of exportation.

(c) The destruction of seed or screenings refused admission shall be at the expense of the owner or consignee who shall reimburse the Government for all expenses incurred in connection with such supervision, including travel, per diem or subsistence, and salaries of officers and employees of the United States. Travel and per diem or subsistence expenses shall be reimbursed at the rate allowed for employees of the United States in accordance with Standardized Government Travel Regulations. Salary shall be reimbursed at the average rate paid to employees engaged in supervision activities plus average related costs. The

by the Secretary of the Treasury and the Secretary of Agriculture, acting jointly or severally, or by such employee or employees of the Department of Agriculture or of the Department of the Treasury, as the case may be, as may be designated to preside thereat. The presiding officer shall conduct the hearing in an orderly and informal manner, according to such procedure as he may announce at the commencement of the hearing. Any rule or regulation promulgated under section 402 (b) of the act shall become effective on the date fixed in the promulgation, which date shall be not less than 30 days after publication in the FEDERAL REGISTER. Any rule or regulation may be amended or revoked in the same manner as is provided for its promulgation.

[5 F.R. 41, Jan. 4, 1940]

Floors, walls and ceilings shall be constructed of such materials that they can be kept clean and maintained in a sanitary manner. All windows, doors, and similar openings shall be protected by appropriate screening or other devices where flies, insects, or birds are а problem.

§ 205.3 Sirup and brine rooms.

All sirup tanks shall be adequately covered or sirup rooms shall be completely screened, sirup, brine, sugar, salt, or other ingredients used in food products shall be kept clean and sanitary. § 205.4 Ventilation.

Ventilation shall be adequate for the operation that is to be performed and sufficient to control excessive condensation, mold growth, and objectionable odors.

§ 205.5 Lighting.

Lighting in all buildings and specific areas shall be sufficient and adequate for the operation that is to be performed. Light bulbs and fixtures suspended over food tanks or inspection belts shall be of the safety type or otherwise constructed to prevent product contamination.