'Grades No. 1 and No. 2 shall not include hay that stained.

(d) Special grades for Grass hay-(1) Extra Green hay-(i) Requirements. Extra Green hay shall be hay of any of the grades of the class Grass hay in group X which has 65 percent or more green color, but shall not include hay that is stained.

(ii) Grade designation. When the special grade Extra Green is applicable there shall be added to and made a part of the grade designation, preceding the name of the class, the words "Extra Green."

Example: U.S. No. 1 Extra Green Grass hay, Redtop and Bluegrass.

(2) Green hay-(i) Requirements. Green hay shall be hay of any of the grades lower than grade No. 1 of the class Grass hay in group X which has 50 percent or more but less than 65 percent green color, but shall not include hay that is stained.

(ii) Grade designation. When the special grade Green is applicable there shall be added to and made a part of the grade designation, preceding the name of the class, the word "Green."

Example: U.S. No. 2 Green Grass hay, Redtop.

§ 57.13 Mixed hay (Group XI).

(a) Class and class requirements. The group Mixed hay has one class, namely, Mixed hay, which shall be any mixture of hay not classified in the groups I to X, inclusive, but which contains 50 percent or more singly or in combination of alfalfa, timothy, clover, upland grasses, midland grasses, grasses (as defined in § 57.1(k)), Johnson grass, grain hay, vetch hay, lespedeza, soybean hay, cowpea hay, and peanut hay.

(b) Grades for Mixed hay-(1) Graderequirements. Mixed hay shall be graded according to the grade requirements and the specifications in §§ 57.1 through 57.12 for the kind of hay which predominates in the mixture, except that all numerical and special grade specifications pertaining to leafiness, stemminess, coarseness, and fineness shall be disregarded.

(2) Grade designation. The grade designation for Mixed hay shall include successively, in the order named, (i) the letters "U.S."; (ii) the number of the grade or the words "Sample grade", as the case may be, and any special grade that may apply; (iii) the words "Mixed hay"; and (iv) the name and approximate percentage of each kind of hay which constitutes more than 10 percent of the mixture listed in the order of decreasing percentages.

Subpart B-United States Standards for Straw

§ 57.50 Terms identified.

For the purposes of the United States standards for straw:

(a) Straw. Straw shall be the stems, leaves, and chaff of the grain plants, wheat, oat, barley, rye, and rice, which remain after threshing, and may include not more than 10 percent (of the total straw) of timothy and other grasses that are not coarse and woody.

(b) Chaff. Chaff shall be shattered glumes, and pieces of straw not over 4 inches in length.

(c) Foreign material. Foreign material shall be matter other than straw, except grasses that are not coarse and woody.

§ 57.51 Principles governing application of standards.

The following principles shall apply in the determination of the grades of straw:

(a) Basis of grade determinations. (1) The determination of chaff, foreign material, temperature, odor, and general condition shall be on the basis of the straw as a whole.

(2) The determination of color shall be on the basis of the method prescribed by the Grain Division, Agricultural Marketing Service, United States Department of Agriculture.

(b) Methods of determining percentages. Percentages of chaff and foreign material shall be ascertained by weight.

(b) Grade designation. Grade designations for straw shall include successively in the order named: (1) The letters "U.S."; (2) the number of the grade or the words "Sample grade," as the case may be, and any special grade that may apply; (3) the words "Wheat straw," "Oat straw," "Barley straw," "Rye straw," or "Rice straw," as the case may be. In the case of mixed straw the names of the different kinds of straw shall be given in the grade designation.

(c) Special grades for straw-(1) Straight Rye straw—(i) Requirements. Straight Rye straw shall be rye straw of any grade which has been threshed

without opening the sheaves or permitting the straw to pass through the threshing machine and which has been pressed into large box-pressed bales.

(ii) Grade designation. When the special grade Straight is applicable there shall be added to and made a part of the grade designation, preceding the name of the kind of straw, the word "Straight."

Example: U.S. No. 1 Straight Rye straw.

(2) Long Rye straw-(i) Requirements. Long Rye straw shall be rye straw of any grade which has been threshed without opening the sheaves or permitting the straw to through the threshing machine and which has been pressed into perpetual-pressed bales.

pass

(ii) Grade designation. When the special grade Long is applicable there shall be added to and made a part of the grade designation, preceding the name of the kind of straw, the word "Long."

Example: U.S. No. 2 Long Rye straw.

(3) Chaffy straw-(i) Requirements. Chaffy straw shall be Wheat straw, Oat straw, Barley straw, Rye straw, or Rice straw, as the case may be, of any grade which contains more than 35 percent of chaff.

(ii) Grade designation. When the special grade of Chaffy is applicable, there shall be added to and made a part of the grade designation, preceding the name of the kind of straw, the word "Chaffy."

Example: U.S. No. 2 Chaffy Wheat straw.

Sec.

61.46 Fees for review of grading of cottonseed.

Subpart B-Standards for Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States

61.101 Determination of grade. 61.102 Determination of quantity index. 61.103 Determination of quality index. 61.104 Sampling, analysis, and certification of samples and grades.

SOURCE: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

NOTE: Nomenclature changes to Part 61 appear at 37 FR 8059, Apr. 25, 1972.

Subpart A--Regulations

AUTHORITY: Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C. 1624.

DEFINITIONS

§ 61.1 Words in singular form.

Words used in the regulations in this subpart in the singular form shall be deemed to import the plural, and viceversa, as the case may demand.

§ 61.2 Terms defined.

As used throughout the regulations in this part, unless the context otherwise requires, the following terms shall be construed, respectively to

mean:

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

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

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

(d) Secretary. The Secretary of Agriculture 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 Agricultural Marketing Service of the United States Department of Agriculture.

(f) Administrator. The Administrator of the Agricultural 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 Agricultural 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 financial 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 Pub. L. 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 au

thorized 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 product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected or both, or indicating the appropriate U.S. grade or condition of the product, or for the purpose or maintaining the identity of products graded or inspected or both under this part.

(d) “Official identification" means any United States (U.S.) standard designation of class, grade, quality, quantity, or condition specified in this part, or any symbol, stamp, label, or seal indicating that the product has been officially graded or inspected and/or indicating the class, grade, quality, quantity, or condition of the product, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

(e) "Official device" means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.

ADMINISTRATIVE AND GENERAL

§ 61.3 Director.

The Director shall perform for and under the supervision of the Secretary and the Administrator, such duties as the Secretary or the Administrator may require in enforcing the provisions of the act and the regulations.

§ 61.4 Supervisor of cottonseed inspection. The Director, whenever he deems necessary, may designate an officer of the Division as supervisor of cottonseed inspection who shall supervise the inspection and sampling of cottonseed and perform such other duties as

may be required of him in administering the act and the regulations.

§ 61.5 Regulations to govern.

The inspection, sampling, analyzing, and grading of cottonseed in the United States pursuant to the act shall be performed as prescribed in methods approved from time to time by the Director.

§ 61.6 Denial of further services.

Any person, partnership, or corporation that shall have undertaken to utilize the services of licensed cottonseed samplers 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 willful 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.