U.S. Sample grade...

or

§ 68.608 Grade designation for dockagefree lentils.

The grade designation for dockagefree lentils shall include, in the order named, the letters "U.S."; the number of the grade or the words "Sample grade” when applicable; the name of each applicable special grade; and the name of the class. The grade designation for the class Mixed Lentils shall include, following the words "Mixed Lentils," the name and approximate percentage of each class of lentils in the mixture, in the order of predominance.

SPECIAL GRADES, SPECIAL GRADE REQUIREMENTS, AND SPECIAL GRADE DESIGNATIONS

§ 68.609 Special grades and requirements. The following special grades shall be applicable:

(a) Large lentils. Lentils of the class Lentils of which not more than 3.0 percent will readily pass through a 1564 round-hole sieve.

(b) Small lentils. Lentils of the class Lentils of which 95 percent or more will readily pass through a 1% roundhole sieve, not less than 80 percent

will readily pass through a 14 roundhole sieve, and not more than 3 percent will readily pass through a %4 round-hole sieve.

§ 68.610 Special grade designation.

Large lentils and Small lentils shall be graded and designated according to the grade requirements of the standards otherwise applicable to lentils, and there shall be added to and made a part of the grade designation preceding the name of the class, the applicable term "Large” or “Small."

§ 68.611 Thresher-run lentils.

Thresher-run lentils shall be inspected without reference to grade in accordance with instructions shown in Inspection Handbook HB-1 (see

§ 68.606).

(a) Factor determinations: Thresherrun lentils may be inspected for the following factors: Class, dockage, weevil-damaged lentils, heat-damaged lentils, damaged lentils, split lentils, foreign material, and color description.

(b) The percentage of defective lentils and foreign material shall be combined and shown on the certificate as "total defects and foreign material.”

PART 75-REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS

§ 75.1 Scope and applicability.

The provisions of Part 68, Chapter I of Title 7, Code of Federal Regulations (7 CFR Part 68), in effect April 1, 1977, continue in effect to the extent

applicable to the inspection and certification of quality of agricultural and vegetable seeds inspected pursuant to the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.).

(Secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624) [42 FR 19864, Apr. 15, 1977]

101.17 Copies of receipts.

101.18 Lost or destroyed receipts; bond. 101.19 Printing of receipts.

101.20 Partial delivery of cotton.

101.21 Return of receipts before delivery of cotton.

101.22 Omission of grade; no compulsion by warehouseman.

DUTIES OF LICENSED WAREHOUSEMAN

101.23 Insurance; requirements. 101.24 Premiums; inspections; reports. 101.25 Warehouseman to collect and pay over insurance.

101.26 Care of cotton in licensed warehouse.

101.27 Care of other cotton and other commodities.

101.28 Records to be kept in safe place. 101.29 Warehouse charges.

101.50 License fees.

101.51 Warehouse inspection fee. 101.52 Advance deposit.

101.53 Return of excess deposit.

LICENSED CLASSIFIERS AND LICENSED
WEIGHERS

101.54 Sampler's, classifier's, and weigher's applications.

101.55 Examination of applicant.

101.56 Posting of license.

101.57 Duties of sampler, classifier, and weigher.

101.58 Class certificates; form.

101.59 Weight certificates; form.

101.60 Combined class and weight certificates.

101.61 Copies of certificates to be kept. 101.62 Licensees to permit and assist in inspection. 101.63 Reports.

101.64 Licenses; suspension or revocation. 101.65 Suspended or revoked

licenses;

§ 101.2 Terms defined.

For the purpose of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(a) The act. The United States Warehouse Act, approved August 11, 1916 (39 Stat. 486; 7 U.S.C. 241-273), as amended.

(b) Person. An individual, corporation, partnership, or two or more persons having a joint or common interest.

(c) Secretary. The Secretary of Agriculture of the United States or any of

ficer 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.

(d) Administrator. The Administrator of the Service or any other officer or employee of the Service to whom authority has heretofore lawfully been delegated, or may hereafter lawfully be delegated, to act in his stead. (e) Designated representative. The Administrator.

(f) Regulations. Rules and regulations made under the act by the Secretary.

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

(h) Service. The Agricultural Marketing Service of the Department.

(i) Linters. As far as applicable the regulations in this part shall include linters.

(j) Warehouse. Any building, structure, or other protected inclosure in which cotton is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which cotton is or may be stored.

(k) Warehouseman. A person lawfully engaged in the business of storing cotton.

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

(m) Licensed warehouseman. A warehouseman licensed as such under the act.

(n) Licensed warehouse. A warehouse for the conduct of which a license has been issued.

(0) Licensed warehouseman's bond. A bond required to be given under the act by a licensed warehouseman.

(p) Licensed classifier. A person licensed under the act to classify according to grade or otherwise and certificate the grade or other class of cotton.

(q) Licensed weigher. A person licensed under the act to weigh and certificate the weight of cotton.

(r) Cotton examiner. An officer of the Department of Agriculture designated by the Administrator for the purpose of hearing cotton appeals under §§ 101.75-101.85.

(s) Receipt. A warehouse receipt. (t) Bale. A bale or other package. (u) State. A State, Territory, or district of the United States.

(v) Licensed sampler. A person, employed by a licensed warehouseman, licensed under the act to draw samples from cotton stored in the licensed warehouse at which such person is employed.

(w) Board of Cotton Examiners. A board of cotton examiners properly qualified and designated as such under the regulations (Part 28 of this chapter) under the United States Cotton Standards Act.

WAREHOUSE LICENSES

§ 101.3 Application forms.

Applications for licenses under sections 4 and 9 of the act and for amendments of licenses under section 5 of the act shall be made to the Secretary upon forms prescribed for the purpose and furnished by the Service, shall be in English, shall truly state the information therein contained, and shall be signed by the applicant. The applicant shall at any time furnish such additional information as the Secretary or the Administrator shall find to be necessary to the consideration of his application.

§ 101.3a All facilities to be licensed or exempted.

All facilities within the same city or town used for the storage of cotton by an applicant for a warehouse license must qualify for a license and be licensed under the act if the applicant is to be licensed to operate as a cotton warehouseman in such city or town, unless the facilities which are not to be covered by a license are exempted by the Secretary or his designated representative upon a finding that, due to the exercise of adequate controls by some independent agency over the operation of nonfederally licensed facilities, there would be no likelihood of interchange or substitution of cotton stored in such facilities with cotton stored in the federally licensed facilities. If all such facilities do not qualify for a license or for an exemption under this section, the applicant shall

not be licensed under the act as a cotton warehouseman in the city or town in which the facilities in question are located. Each applicant for a warehouse license must apply for a license covering all facilities operated by him for the storage of cotton within the same city or town or for exemption as provided in this section. If a licensed cotton warehouseman acquires any additional cotton storage facilities within the same city or town in which his licensed warehouse is located, he shall file promptly an application for a license or an exemption of the additional facilities. No cotton storage facility acquired by a licensed cotton warehouseman, subsequent to the issuance of his license, in the same city or town as his licensed facilities, shall be used for the storage of cotton until it qualifies for license and is licensed or is exempted as provided in this section. If any one of the licensed cotton storage facilities operated by a warehouseman in the same city or town becomes ineligible for a license at any time for any reason, it shall not thereafter be used for the storage of cotton until the condition making it ineligible is removed or an exemption is granted as provided in this section. The use for the storage of cotton by a licensed warehouseman of a facility which is in the same city or town as his licensed facilities and is neither licensed nor exempted, or other violation of the provisions of this section, shall be cause for suspension or revocation of any license issued to the warehouseman for the storage of cotton.

§ 101.4 Grounds for not issuing a license.

A license for the conduct of a warehouse, or any amendment to a license, under the regulations in this part, shall not be issued if it is found by the Secretary, or his designated representative, that the warehouse is not suitable for the proper storage of cotton; that the warehouseman does not possess a good reputation, or does not have a net worth of at least $10,000.00, or is incompetent to conduct such warehouse in accordance with the act and the regulations in this part; or that there is any other sufficient reason within the intent of