the purpose, in accordance with these regulations, shall be cause for the suspension or revocation of his license. A sampler's license may also be suspended when the sampler (a) has ceased to perform services as a licensed cottonseed sampler, (b) has knowingly or carelessly sampled cottonseed improperly, (c) has violated or evaded any provision of the Act, these regulations, or the sampling methods prescribed by the Director, (d) has used his license or allowed it to be used for any fraudulent or improper purposes, or (e) has in any manner become incompetent or incapacitated to perform the duties of a licensed sampler. § 61.37 License may be suspended. The Director may, without a hearing, suspend or revoke the license issued to a licensed sampler upon written request and a satisfactory stateinent of reasons therefor submitted by such licensed sampler. Pending final action by the Secretary, the Director may, whenever he deems such action necessary, suspend the license of any licensed sampler by giving notice of such suspension to the licensee, accompanied by a statement of the reasons therefor. Within 10 days after the receipt of the aforesaid notice and statement of reasons by such licensee, he may file an appeal, in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the expiration of the aforesaid 10-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 10 days, the license shall be automatically revoked. § 61.38 Suspended license to be returned to Division. In case a license issued to a sampler is suspended or revoked such license shall be returned to the Division. At the expiration of any period of suspension of such license, unless in the meantime it be revoked, the dates of beginning and termination of such suspension shall be endorsed thereon, it shall be returned to the person to whom it was originally issued, and its shall be posted as prescribed in § 61.31. § 61.39 Duplicate license. Upon satisfactory proof of the loss or destruction of a license issued to a sampler hereunder, a new license may be issued under the same or a new number. § 61.40 Reports of licensed samplers. Each licensed sampler, when requested, shall make reports on forms furnished for the purpose by the Division bearing upon his activity as such licensee. § 61.41 Unlicensed persons must not represent themselves as licensed samplers. No person shall in any way represent himself to be a sampler licensed under the act unless he holds an unsuspended and unrevoked license issued thereunder. § 61.42 Information on sampling to be kept confidential. Every person licensed under the act as a sampler of cottonseed shall keep confidential all information secured by him relative to shipments of cottonseed sampled by him. He shall not disclose such information to any person except an authorized representative of the Department. FEES AND COSTS § 61.43 Fee for sampler's license. For the examination of an applicant for a license to sample and certificate official samples of cottonseed the fee shall be $12, but no additional charge shall be made for the issuance of a license. For each renewal of a sampler's license the fee shall be $10. [41 FR 20684, May 20, 1976] § 61.44 Fee for chemist's license. For the examination of an applicant for a license as a chemist to analyze and certificate the grade of cottonseed the fee shall be $200, but no additional charge shall be made for the issuance of a license. For each renewal of a chemist's license the fee shall be $65. [41 FR 20684, May 20, 1976] § 61.45 Fee for certificates to be paid by licensee to Service. To cover in part the cost of administering the regulations in this part each licensed cottonseed chemist shall pay to the Service 70 cents for each certificate of the grade of cottonseed issued by him. Upon receipt of a statement from the Service each month showing the number of certificates issued by the licensee, such licensee will forward the appropriate remittance in the form of a check, draft, or money order payable to the "Agricultural Marketing Service, USDA." [41 FR 20684, May 20, 1976] § 61.46 Fees for review of grading of cottonseed. For the review of the grading of any lot of cottonseed, the fee shall be $25.00. Remittance to cover such fee, in the form of a check, draft, or money order payable to the "Agricultural Marketing Service, USDA," shall accompany each application for review. Of each such fee collected, $7 shall be covered into the Treasury and $9 disbursed to each of the two licensed chemists designated to make reanalyses of such seed. [41 FR 20684, May 20, 1976] Subpart B-Standards for Grades of Cottonseed Sold or Offered for Sale for Crushing Purposes Within the United States. AUTHORITY: Secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624. § 61.101 Determination of grade. The grade of cottonseed shall be determined from the analysis of samples, and it shall be the result, stated in the nearest whole or half numbers, obtained by multiplying a quantity index by a quality index and dividing the result by 100. The quantity index and the quality index shall be determined as hereinafter provided. (a) The basis grade of cottonseed shall be grade 100. (b) High grades of cottonseed shall be those grades above 100. (c) Low grades of cottonseed shall be those grades below 100. (d) Grades for American Pima cottonseed shall be suffixed by the designation "American Pima" or by the symbol "AP." [22 FR 10948, Dec. 28, 1957, as amended at 37 FR 20157, Sept. 27, 1972] § 61.102 Determination of quantity index. The quantity index of cottonseed shall be determined as follows: (a) For upland cottonseed the quantity index shall equal four times percentage of oil plus six times percentage of ammonia, plus 5. (b) For American Pima cottonseed the quantity index shall equal four times percentage of oil, plus six times percentage of ammonia, minus 10. [37 FR 20157, Sept. 27, 1972] § 61.103 Determination of quality index. The quality index of cottonseed shall be an index of purity and soundness, and shall be determined as follows: (a) Prime quality cottonseed. Cottonseed that by analysis contains not more than 1.0 percent of foreign matter, not more than 12.0 percent of moisture, and not more than 1.8 percent of free fatty acids in the oil in the seed, shall be known as prime quality cottonseed and shall have a quality index of 100. (b) Below prime quality cottonseed. The quality index of cottonseed that, by analysis, contain foreign matter, moisture, or free fatty acids in the oil in the seed, in excess of the percentages prescribed in paragraph (a) of this section shall be found by reducing the quality index of prime quality cottonseed as follows: (1) Four-tenths of a unit for each 0.1 percent of free fatty acids in the oil in the seed in excess of 1.8 percent. (2) One-tenth of a unit for each 0.1 percent of foreign matter in excess of 1.0 percent. (3) One-tenth of a unit for each 0.1 percent of moisture in excess of 12.0 percent. (c) Off quality cottonseed. Cottonseed that has been treated by either mechanical or chemical process other than the usual cleaning, drying, and ginning (except sterilization required by the United States Department of Agriculture for quarantine purposes) or that are fermented or hot, or that upon analysis are found to contain 12.5 percent or more of free fatty acids in the oil in the seed, or more than 10.0 percent of foreign matter, or more than 20.0 percent of moisture, or more than 25.0 percent of moisture and foreign matter combined, shall be designated as "off quality cottonseed." (d) Below grade cottonseed. Cottonseed the grade of which when calculated according to § 61.101 is below grade 40.0 shall be designated as "below grade cottonseed," and a numerical grade shall not be indicated. GRADES, GRADE REQUIREMENTS, AND GRADE DESIGNATIONS 68.133 Grades and grade requirements for the class Pea beans. 68.134 Grades and grade requirements for the classes: Group (a)-Blackeye, Cranberry, and Yelloweye beans; Group (b)— Pinto beans; and Group (c)-Marrow, Great Northern, Small White, Flat Small White, White Kidney, Light Red Kidney, Dark Red Kidney, Small Red, Pink, Black Turtle Soup, Mung, and Miscellaneous beans. 68.135 Grades and grade requirements for the class Large Lima beans. 68.136 Grades and grade requirements for the class Baby Lima beans, and for the classes of Miscellaneous Lima beans. (See also § 68.138 68.137 Grade designations. 68.138 Special grades, special grade requirements, and special grade designations for all classes of beans. 40-007 0-79-6 68.310 Grades and grade requirements for the classes Long-Grain Milled Rice, Medium Grain Milled Rice, Short-Grain Milled Rice, and Mixed Milled Rice. (See also § 68.315.) 68.311 Grades and grade requirements for the class Second Head Milled Rice. (See also § 68.315.) 68.312 Grades and grade requirements for the class Screenings Milled Rice. (See also 68.315.) 68.313 Grades and grade requirements for the class Brewers Milled Rice. (See also § 68.315.) 68.314. Grade designations. SPECIAL GRADES, SPECIAL GRADE REQUIREMENTS, AND SPECIAL GRADE DESIGNATIONS 68.315 Special grades and special grade requirements. 68.316 Special grade designation. PRINCIPLES GOVERNING APPLICATION OF 68.602 Basis of determinations. 68.604 Percentages. 68.605 Interpretive line samples. 68.606 References. GRADES, GRADE REQUIREMENTS, AND GRADE DESIGNATIONS 68.607 Grades and grade requirements for dockage-free lentils. (See also § 68.609.) 68.608 Grade designation for dockage-free lentils. SPECIAL GRADES, SPECIAL GRADE REQUIREMENTS, AND SPECIAL GRADE DESIGNATIONS 68.609 Special grades and requirements. 68.610 Special grade designation. 68.611 Thresher-run lentils. AUTHORITY: Secs. 203, 205, 60 Stat. 1087, 1090, as amended; 7 U.S.C. 1622, 1624. |