tion, the license applied for may be granted whenever such applicant furnishes satisfactory evidence that he holds an effective license under the Grain Standards Act and regulations thereunder, to inspect and grade such grain and to certificate the grade thereof.

(d) Applications for licenses to weigh grain shall be on forms furnished for the purpose by the Administrator and shall give such information as will show the applicant's experience in weighing grain.

(e) A single application may be made by any person for a license as both inspector and weigher upon complying with the requirements of this section.

(f) An applicant shall at any time furnish such additional information as the Department shall find to be necessary to the consideration of his application.

[29 F.R. 15730, Nov. 24, 1964, as amended at 34 F.R. 12426, July 30, 1969] § 102.62 Examination.

Each applicant for license as an inspector or weigher and each inspector or weigher shall, whenever requested by an authorized agent of the Department, submit to an examination or test to show his ability properly to inspect and grade or to weigh grain.

§ 102.64

Duties of inspector and weigher.

Each inspector and each weigher whose license remains in effect shall, without discrimination, as soon as practicable, and upon reasonable terms, inspect and grade or weigh and certificate the grade or weight of grain, stored or to be stored in a warehouse, for which he holds a license, if such grain be offered to him under such conditions as permit proper inspection and weighing and the determination of the grade or weight thereof. No inspector shall issue a certificate of grade for any grain unless the inspection and grading thereof be based upon a correct and representative sample of the grain.

§ 102.65 Inspection certificate; form.

(a) Except as provided in paragraph (b) of this section, each inspection cer

tificate issued under the act by an inspector shall be in a form approved for the purpose by the Department, and shall embody the following information within its written or printed terms:

(1) The caption "United States Warehouse Act, Grain Inspection Certificate", (2) Whether it is an original, a duplicate, or other copy, and that it is not negotiable,

(3) The name and location of the warehouse in which the grain is or is to be stored,

(4) A statement showing whether the inspection covers grain moving into or out of the warehouse,

(5) The date of the certificate,

(6) The consecutive number of the certificate,

(7) The approximate amount of grain covered by the certificate,

(8) The kind of grain covered by the certificate,

(9) The grade of the grain, as determined by such licensed inspector, in accordance with § 102.76, and, in the case of grain for which no official grain standards of the United States are in effect, the standard or description in accordance with which such grain is graded,

(10) A statement that the certificate is issued by an inspector licensed under the United States Warehouse Act and the regulations thereunder,

(11) A statement conspicuously placed to the effect that the certificate is not valid for the purposes of the United States Grain Standards Act, and

(12) The signature of the inspector who inspected and graded the grain. In addition, the inspection certificate may include any other matter not inconsistent with the act or the regulations in this part, provided the approval of the Service is first secured.

(b) In lieu of the inspection certificate provided for in the preceding paragraph, each inspector, who holds an unsuspended and unrevoked license under the Grain Standards Act and regulations thereunder to inspect and grade any grain and to certificate the grade thereof for shipment or delivery for shipment in interstate or foreign commerce, shall, unless otherwise requested as to any such grain by the owner or depositor thereof, issue a certificate of grade covering such grain in accordance with the Grain Standards Act and regulations thereunder. Such grain shall be deemed to be inspected and graded and such cer

tificate of grade shall be deemed to be an inspection certificate for the purposes of the act and the regulations in this part.

§ 102.66 Copies of certificate to be accessible.

Each inspector shall, as soon as possible after grading any grain and not later than the close of business on the next following business day, make accessible to the parties interested in a transaction in which the grain is involved at the place designated in § 102.63 a true copy of the inspection certificate issued by him for such grain, or a record of each lot or parcel of grain inspected and graded by such licensed inspector showing the information contained on such inspection certificate.

§ 102.67 Weight certificate.

Each weight certificate issued under the act by a weigher shall be in a form approved for the purpose by the Service, and shall embody the following information within its written or printed terms:

(a) The caption "United States Warehouse Act, Grain Weight Certificate",

(b) Whether it is an original, a duplicate, or other copy, and that it is not negotiable,

(c) The name and location of the warehouse in which the grain is or is to be stored,

(d) Whether the grain is weighed into or out of the warehouse,

(e) The date of the certificate,

(f) The consecutive number of the certificate,

(g) The net weight, including dockage, if any, of the grain,

(h) A statement that the certificate is issued by a weigher licensed under the United States Warehouse Act and the regulations thereunder, and

(i) The signature of the weigher. In addition, the weight certificate may include any other matter not inconsistent with the act or the regulations in this part provided the approval of the Service is first secured.

§ 102.68 Certificate; grade and weight.

The grade and weight of any grain, ascertained by an inspector and a weigher, may be stated on a certificate meeting the combined requirements of §§ 102.65, 102.67, if the form of such certificate shall have been approved for the purpose by the Service.

Each inspector and each weigher shall permit any authorized officer or agent of the Department to inspect or examine, on any business day during the usual hours of business, his books, papers, records, and accounts relating to the performance of his duties under the act and this part, and shall, with the consent of the warehouseman concerned, assist any such officer or agent in the inspection or examination mentioned in § 102.39 as far as any such inspection or examination relates to the performance of the duties of such inspector or weigher under the act and the regulations in this part.

Pending investigation, the Secretary, or his designated representative, may, whenever he deems necessary, suspend the license of an inspector or weigher temporarily without hearing. Upon a written request or a satisfactory statement of reasons therefor, submitted by the inspector or weigher, the Secretary, or his designated representative, may, without hearing, suspend or revoke the license issued to such inspector or weigher. The Secretary, or his designated representative, may, after opportunity for hearing has been afforded in the manner prescribed in this section, suspend or revoke a license issued to an inspector or a weigher when such 11censee, (a) has ceased to perform services as such inspector or weigher, or (b) has in any other manner become incompetent or incapacitated to perform the duties of such inspector or weigher. As soon as it shall come to the attention of

a warehouseman that either of the conditions mentioned under (a) or (b) of this section exists, it shall be the duty of such warehouseman to notify the Service in writing. Before the license of any inspector or weigher is permanently suspended or revoked pursuant to section 12 of the act, such inspector or weigher shall be furnished by the Secretary, or his designated 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 § 102.99.

§ 102.73 Suspended or revoked license; termination of license.

(a) In case a license issued to an inspector or a weigher is suspended or revoked by the Secretary, or his designated representative, such license shall be returned to the Secretary. At the expiration of any period of suspension of such license, unless in the meantime it be revoked, the dates of the beginning and termination of the suspension shall be indorsed thereon, it shall be returned to the inspector or weigher to whom it was originally issued and it shall be posted as prescribed in § 102.63.

(b) Any license issued under the act and the regulations in this part to an inspector or weigher shall automatically be suspended as to any warehouse whenever the license of such warehouse shall be suspended and shall automatically terminate as to any warehouse whenever the license of such warehouse shall be revoked. Upon either suspension or termination of any inspector's or weigher's license under this paragraph, such license shall be returned to the Department. In case such license shall apply to other warehouses, the Secretary, or his designated representative, shall issue to the licensee a new license, omitting the names of the warehouses for which licenses have been revoked or suspended. Such new license shall be posted as prescribed in § 102.63.

§ 102.77

Official grain standards of the United States.

The official grain standards of the United States are hereby adopted as the official grain standards for the purposes of the act and the regulations in this part.

§ 102.78 Standards of grades for other grain.

Until grades for any kind of grain are officially promulgated by the Secretary, the grade of grain, for which no official grain standards of the United States are in effect, shall be stated (a) in accordance with the State standards, if any, established in the State in which the warehouse is located, (b) in the absence of any State standards, in accordance with the standards, if any, adopted by the local board of trade, chamber of commerce, or by the grain trade generally in the locality in which the warehouse is located, subject to the approval of the Service, or (c) in the absence of the standards mentioned in (a) and (b) of this section, in accordance with any standards approved for the purpose by the Service.

§ 102.79 Grades based on inspection and sample.

Whenever the grade of grain is required to be or is stated for the purposes of the act or the regulations in this part, it shall be based upon a correct and representative sample of the grain and the inspection and grading thereof shall be made under conditions which permit the determination of its true grade.

GRAIN APPEALS

§ 102.80 Appeal procedure.

In case a question arises as to the true grade of grain stored or to be stored in a

licensed warehouse, for which official grain standards of the United States are in effect and for which a grain inspection certificate has been issued in accordance with § 102.64, any interested party may take an appeal for the determination of the grade of such grain as provided in this section. If the grain inspection certificate involved was issued under the Grain Standards Act, the appeal shall be governed by the regulations issued under that act: Provided, That a copy of the Federal appeal grade certificate issued in the appeal, together with any receipt covering the grain filed in the appeal, shall be sent to the licensed warehouseman concerned, and a copy of the Federal appeal grade certificate shall be sent to the licensed inspector and to each other person shown by the record of the appeal to be interested therein. When the grain inspection certificate with respect to which the appeal is taken was not issued under the Grain Standards Act, the appeal shall be governed by §§ 102.81 through 102.95.

In order to take such an appeal a complaint in writing in accordance with § 102.82 shall be filed, in the Office of Federal Grain Supervision in the district in which the inspection appealed from was made, not later than the close of business on the second business day following the date the grading was performed as shown by the record required by § 102.66.

§ 102.82 Contents of complaint.

Such complaint shall be in English and shall state

(a) The name and post-office address of the complainant,

(b) The names and post-office addresses of all other parties interested in the grain involved, or if no other parties are named, why not,

(c) The name and location of the licensed warehouse in which the grain is or is to be stored,

(d) The identification and the location of the grain at the time of taking the appeal,

(e) If samples have been agreed upon and are submitted in accordance with § 102.86(b) a statement thereof, and

(f) Such other information as may be required by the Office of Federal Grain Supervision in which such complaint is filed or by the Administrator.

Such complaint shall be signed by the complainant and may be signed by any one or more or all of the parties interested in such appeal.

§ 102.83 Proof of agent's authority.

In case a complaint is filed under §§ 102.81 through 102.95 by a person purporting to act in behalf of another person, the grain supervisor in charge of the Office of Federal Grain Supervision in which such complaint is filed, or the Administrator may, if he considers necessary, require proof of the authority of such person to file the complaint.

§ 102.84 Certificate of inspection and receipt.

The complainant shall file or cause to be filed in the Office of Federal Grain Supervision mentioned in § 102.81, with the complaint or before the issuance of the grade memorandum in the appeal, the inspection certificate for the grain involved issued by the inspector from whose inspection the appeal is taken together with the receipt, if any, covering such grain. If such inspection certificate be in the custody or control of the inspector he shall upon request immediately transmit or deliver it to said office. § 102.85 Filing complaint; extension.

Upon a showing of the discovery of fraud or other good cause for an extension of time the grain supervisor in charge of the office mentioned in § 102.81 may permit the filing of a complaint or sample after the time prescribed therefor in the regulations in this part, and a statement of such appeal by the official making the same.

(a) No appeal taken under §§ 102.81 through 102.95 shall be determined except upon the basis of a representative sample or samples of the grain involved.

(b) The complainant may submit representative samples of the grain involved which have been agreed upon by the warehouseman in whose warehouse the grain is or is to be stored and the interested parties, other than such warehouseman, or have been drawn by a disinterested person selected for the purpose by the warehouseman and such parties.

(c) If samples which have been submitted pursuant to paragraph (b) of this section be deemed unsatisfactory,

or if such samples be not submitted, a representative sample or samples of the grain involved shall be drawn by a person authorized for the purpose by the Service or the grain supervisor in charge of the Office of Federal Grain Supervision in which the appeal is heard; and the complainant or the warehouseman shall have the grain made accessible and placed under such conditions as to permit the taking of a representative sample.

§ 102.87 Samples required.

Samples of grain involved in an appeal shall be delivered in person or transmitted by express or parcel post to the Office of Federal Grain Supervision in which the appeal is filed.

§ 102.88 Representative samples.

For the purposes of an appeal under §§ 102.81 through 102.95 no sample shall be deemed to be representative unless it comply with the following requirements:

(a) It shall be at least 2 quarts in size, of which at least 1% pints shall be enclosed in a clean, airtight container and the remainder, if any, in a clean cloth sack.

(b) Samples shall be taken from as many different portions of the lot or parcel, in accordance with the instructions of the Service or the grain supervisor in charge of the office mentioned in § 102.81 as will show an average of the lot or parcel.

(c) The grain taken from the different portions of a lot or parcel shall be thoroughly mixed, and such mixtures, or a typical portion thereof, otherwise complying with this section, shall constitute a sample of the entire lot or parcel.

(d) In case any portion of a lot or parcel of grain is sour, musty, excessively wet, heating, hot, fire burnt, infested with live weevil or other insects injurious to stored grain, or otherwise of distinctly low quality, separate samples otherwise complying with this section shall be taken, respectively, from such portion and from the remaining portion. There shall be filed with such samples a statement showing the estimated quantity of each portion of the grain from which each such sample was taken.

(e) In case it shall appear that a lot or parcel of grain has been so loaded or handled as intentionally to conceal evidently inferior grain, a sample of such inferior grain, otherwise complying with this section, shall constitute a sample of the entire lot or parcel.

§ 102.89 Appeal; dismissal.

The grain supervisor in charge of an Office of Federal Grain Supervision in which an appeal is filed may dismiss such appeal without its determination:

(a) Upon request of the complainant, (b) If it is found that the appeal was not taken in good faith,

(c) For noncompliance with the regulations in this part, or

(d) Because sufficient evidence is not available upon which to determine the true grade of the grain.

Such

§ 102.90 Grade certificate; issuance. The sample or samples of the grain involved in an appeal complying with §§ 102.81 through 102.95 shall be examined as soon as possible, such tests shall be applied as are necessary, and except as provided in § 102.89 a grade certificate shall be issued by the grain supervisor hearing the appeal, showing the grade assigned by him to such grain. grade certificate shall supersede the inspection certificate for the grain involved. Immediately upon the issuance of a grade certificate under this section the original thereof, together with any receipt covering such grain filed in the appeal, shall be sent to the licensed warehouseman concerned and a copy shall be sent to the licensed inspector and to each other person shown by the record of the appeal to be interested therein.