7 U.S.C. 71-87k.
45 FR 15810, Mar. 11, 1980, unless otherwise noted.
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The mission of the Federal Grain Inspection Service is to facilitate the marketing of grain, oilseeds, pulses, rice, and related commodities by:
(a) Establishing descriptive standards and terms,
(b) Accurately and consistently certifying quality,
(c) Providing for uniform official inspection and weighing,
(d) Carrying out assigned regulatory and service responsibilities, and
(e) Providing the framework for commodity quality improvement incentives to both domestic and foreign buyers.
The Administrator is delegated, from the Secretary, responsibility for administration of the United States Grain Standards Act and responsibilities under the Agricultural Marketing
In implementing, administering, and enforcing the Act and the regulations, standards, and instructions, it is the policy of the Service to promote adherence to the provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000a
Notice of proposals to prescribe, amend, or revoke regulations, official standards, and official criteria under the Act shall be published in accordance with applicable provisions of the Administrative Procedure Act (5 U.S.C. 551,
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Opportunities will be provided for hearings prescribed or authorized by sections 7(g)(3), 7A(c)(2), 9, 10(d), and 17A(d) of the Act, and the hearings shall be conducted in accordance with
Information about the Grain Inspection, Packers and Stockyards Administration, Service, Act, regulations, official standards, official criteria, rules of practice, instructions, and other matters related to the official inspection or Class X or Class Y weighing of grain may be obtained by telephoning or writing the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, P.O. Box 96454, Washington, D.C. 20090-6454, or any field office or agency of the Service.
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“Foreign commerce grain business” is defined as the business of buying grain for sale in foreign commerce or the business of handling, weighing, or transporting grain for sale in foreign commerce. This provision shall not include:
(a) Any person who only incidentally or occasionally buys for sale, or handles, weighs, or transports grain for sale and is not engaged in the regular business of buying grain for sale, or handling, weighing, or transporting grain for sale;
(b) Any producer of grain who only incidentally or occasionally sells or
(c) Any person who transports grain for hire and does not own a financial interest in such grain; or
(d) Any person who buys grain for feeding or processing and not for the purpose of reselling and only incidentally or occasionally sells such grain as grain.
Each person who has engaged in foreign commerce grain business totaling 15,000 or more metric tons during the preceding or current calendar year must register with the Service and shall be deemed to be regularly engaged in foreign commerce grain business. This includes foreign-based firms operating in the United States but does not include foreign governments or their agents. The Service will, upon request, register persons not required to register under this section if they comply with the requirements of §§ 800.33 and 800.34.
A person shall submit an application for registration to the Service at least 30 calendar days before regularly engaging in foreign commerce grain business according to § 800.31. For good cause shown, the Service may waive this 30-day requirement.
Any person who is required or desires to register must submit an application for registration to the Service. Application forms can be obtained from the Service. Each application shall: (a) Be typewritten or legibly written in English; (b) include all information required by the application form; and (c) be signed by the applicant. The information required by this paragraph may be submitted to the Service via telephone, subject to written confirmation. An applicant shall furnish any additional information requested by the Service for consideration of the application.
An applicant shall submit the registration fee prescribed in § 800.71 with the completed application. If an application is dismissed, the fee shall be refunded by the Service. No fee or portion of a fee shall be refunded if a person is registered and the registration is subsequently suspended or revoked under § 800.39.
(a) The Service shall review each application to determine if it complies with §§ 800.32, 800.33, and 800.34. If the application complies and the fee has been paid, the applicant shall be registered.
(b) If the application does not comply with §§ 800.32, 800.33, and 800.34 and the omitted information prevents a satisfactory review by the Service, the applicant shall be provided an opportunity to submit the needed information. If the needed information is not submitted within a reasonable time, the application may be dismissed. The Service shall promptly notify the applicant, in writing, of the reasons for the dismissal.
The Service shall furnish the applicant with an original and three copies of the registration certificate. The registration shall be effective on the issue date shown on the certificate. Each certificate of registration is issued on the condition that the registrant will comply with all provisions of the Act, regulations, and instructions. The Service shall charge a fee, in accordance with § 800.71, for each additional
Each registrant shall notify the Service within 30 days of any change in the information contained in the application for registration. If the notice is submitted orally, it shall be promptly confirmed in writing.
Each certificate of registration shall terminate on December 31 of the calendar year for which it is issued. The Service shall send a letter to each registrant notifying the registrant of the impending termination of the registration and providing instructions for requesting renewal. The registration may be renewed in accordance with §§ 800.33 and 800.34. Failure to receive the letter shall not exempt registrants from the responsibility of renewing their registration if required by § 800.31.
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(i) The identification, quantity, and specific location of the grain;
(ii) The name and mailing address of the applicant;
(iii) The kind and scope of services desired; and
(iv) Any other information requested by the agency or field office.
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(i) The facility owner's name and address;
(ii) The facility operator's name and address;
(iii) The name of each individual employed by the facility as a weigher and a statement that each individual:
(A) Has a technical ability to operate grain weighing equipment and
(B) Has a reputation for honesty and integrity;
(iv) A blueprint or similar drawing of the facility showing the location of:
(A) The loading, unloading, and grain handling systems;
(B) The scale systems used or to be used in weighing grain; and
(C) The bins and other storage areas;
(v) The identification of each scale in the facility that is to be used for weighing grain under the Act;
(vi) The following information regarding automated data processing systems:
(A) Overall system intent, design, and layout;
(B) Make, model, and technical specifications of all hardware;
(C) Description of software, language used, and flow charts of all programs, subprograms, routines, and subroutines; and
(D) Complete operating instructions; and
(vii) Any other information deemed necessary to carry out the provisions of the Act.
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An applicant may withdraw a request for official services any time before official personnel release results, either verbally or in writing. See § 800.51 for reimbursement of expenses, if any.
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(i) The kind and scope are different from the kind and scope of the last inspection service;
(ii) The condition of the grain has undergone a material change;
(iii) The request specifies a representative file sample and a representative file sample is not available,
(iv) The applicant requests that a new sample be obtained and a new sample cannot be obtained; or
(v) The service cannot be performed within 5 business days of the date of the last inspection date.
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For any request that has been dismissed or withdrawn under § 800.47, § 800.48, or § 800.49, respectively, each
Subject to the provisions of §§ 800.48, 800.49, and 800.50, no person entitled to official services under the Act shall be denied or deprived of the right thereto by reason of any rule, regulation, bylaw, or custom of any market, board of trade, chamber of commerce, exchange, inspection department, or similar organization; or by any contract, agreement, or other understanding.
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Section 13 of the Act contains certain prohibitions with respect to the use of official grade designations, official marks, and other representations with respect to grain.
(a) The use of an official grade designation, with or without factor information, or of official criteria information, or of the term “official grain standards,” shall not, without additional information, be considered to be a representation that the grain was officially inspected.
(b) The use of any symbol or term listed as an official mark, at § 800.0(b)(68), with respect to grain shall be considered to be a representation of official service under the Act: Provided however, that the use of the official marks “official certificate;” “officially inspected;” “official inspection;” “officially weighed;” “official weight;” and “official weighing” shall not be considered to be a representation of official service under the Act if it is clearly shown that the activity occurred under the U.S. Warehouse Act (7 U.S.C. 241
In the absence of prior adequate notice to appropriate official personnel, any action or practice, including the loading, weighing, handling, or sampling of grain that knowingly causes or is an attempt to cause the issuance by official personnel of a false or incorrect official certificate or other official form, is deemed to be deceptive and, as such, is a violation of section 13(a)(3) of the Act. For the purposes of this paragraph, adequate notice is written or oral notice given to an agency or the Service, as applicable, before official personnel begin to perform official inspection or weighing services. If oral notice is given, it must be confirmed in writing within 2 business days. To be adequate, the notice must explain the nature and extent of the action or practice in question and must identify the grain, stowage container, equipment, facility, and the official personnel actually or potentially involved.
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(1) Defined for export elevators at export port locations as set forth in 7 CFR part 810 and as dust removed from grain and collected in a bin/container and as dust settling on floors, equipment, and other areas, commonly referred to as dust sweepings; and
(2) Defined for other than export elevators as set forth in 7 CFR part 810.
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(1) Recombine or add dockage or foreign material to any grain, or
(2) Blend different kinds of grain except when such blending will result in grain being designated as Mixed grain in accordance with subpart E of the Official United States Standards for Grain.
(3) Add water to grain for purposes other than milling, malting, or similar processing operations.
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(2) Grain sold under an exemption shall be consumed or processed into a product(s) by the purchaser and not resold into the grain market.
(3) Products or byproducts from grain sold under an exemption shall not be blended with or added to grain in commercial channels, except for vegetable oil which may be used as a dust suppressant in accordance with (d)(4) of this section.
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(2) In the case of a State or local governmental agency, fees shall not be used for any purpose other than to finance the cost of the official inspection and Class X or Class Y weighing service and inspection equipment testing service performed by the agency or the cost of other closely related programs administered by the agency.
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(1) Cover the estimated total cost to the agency of
(i) Official inspection services,
(ii) Class X or Class Y weighing services,
(iii) Inspection equipment testing services, and
(iv) Related supervision and monitoring activities performed by the agency;
(2) Are reasonably consistent with fees assessed by adjacent agencies for similar services;
(3) Are assessed on the basis of the average cost of performing the same or similar services at all locations served by the agency; and
(4) Are supported by sufficient information which shows how the fees were developed.
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(2) The schedule shall be published and made available by the agency to all users of its services.
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The supervision fee is charged at $0.011 per metric ton inspected and/or weighed.
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(2) Requests for extra copies of registration certificates shall be accompanied by a fee of $2.50 for each copy.
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(d) Each application for approval to operate as a scale testing organization shall be accompanied by a fee of $250.
For
(a) When transportation of the service representative to the service location (at other than a specified duty point) is more than 25 miles from an FGIS office, the actual transportation cost in addition to the applicable hourly rate for each service representative will be assessed from the FGIS office to the service point and return. When commercial modes of transportation (e.g., airplanes) are required, the actual expense incurred for the round-trip travel will be assessed. When services are provided to more than one applicant, the travel and other related charges will be prorated between applicants.
(b) In addition to a 2-hour minimum charge for service on Saturdays, Sundays, and holidays, an additional charge will be assessed when the revenue from the services in § 800.71, schedule A, table 2, does not equal or exceed what would have been collected at the applicable hourly rate. The additional charge will be the difference between the actual unit fee revenue and the hourly fee revenue. Hours accrued for travel and standby time shall apply in determining the hours for the minimum fee.
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(1) Travel from the FGIS field office or assigned duty station to the service point and return;
(2) The performance of the requested service, less mealtime.
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(1) Service has been requested at a specified location;
(2) A service representative is on duty and ready to provide service but is unable to do so because of a delay not caused by the Service; and
(3 FGIS officials determine that the service representative cannot be utilized to provide service elsewhere without cost to the Service.
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(2) A stowage examination may be obtained as a separate service or with one or more other services. Approval of the stowage space is required for official sample-lot inspection services on all export lots of grain and all official sample-lot inspection services performed on outbound domestic lots of grain which are sampled and inspected at the time of loading. Also, approval of the stowage space is required for any weighing services performed on all outbound land carriers.
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(i) Samples which contain toxic substances or materials shall be kept out of food and feed channels, and
(ii) Official personnel shall dispose of samples obtained or submitted to them according to procedures established by the Service. Complete and accurate records of disposition shall be maintained.
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(1) When grain is inspected in a combined lot under § 800.85;
(2) When grain is inspected under paragraph (d) of this section; or
(3) When certification is at the option of the applicant in accordance with instructions.
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(1) Be filed in advance of loading or unloading;
(2) Show the estimated quantity of grain to be certificated;
(3) Show the contract grade and official criteria if applicable; and
(4) Identify the carrier and stowage area into which the grain is being loaded, or from which the grain is being unloaded, or in which the grain is at rest.
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(i) Removing the material portion from the carrier; or
(ii) Requesting the material portion be separately certificated; or
(iii) Requesting either a reinspection or an appeal inspection of the material portion; or
(iv) Requesting a reinspection service and/or an appeal inspection service on the entire lot.
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(i) Unloading the portion of infested grain from the lot and an additional amount of other grain in common stowage with the infested grain; or
(ii) When applicable, completing the loading and treating all infested grain in the lot; or
(iii) When applicable, treating the infested grain for the purpose of destroying the insects, subject to subsequent examination by official personnel; or
(iv) Continue loading without treating the infested grain, in which case all of the infested grain in the lot and all grain in common stowage areas with the infested grain will be officially certificated as infested according to the provisions of the Official U.S. Standards for Grain.
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(i) A statement that the grain has been loaded aboard with grain of other quality;
(ii) The grade, location, or other identification and approximate quanity of grain in the portions; and
(iii) Other information required by the regulations and the instructions.
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Official certificates shall be issued according to § 800.160. Upon request, a combination inspection and Class X weighing certificate may be issued when both services are performed in a reasonably continuous operation at the same location by the same agency or field office. An official certificate shall not be issued unless the information as required by § 800.46 has been submitted, or official personnel determine that sufficient information has been made available so as to perform the requested service. A record that sufficient information was made available must be included in the record of the official service.
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Reinspection or review of weighing services shall be performed by the agency or field office that performed the original service.
Official personnel cannot perform or participate in performing or issue an official certificate for a reinspection or a review of weighing service if they participated in the original service unless there is only one qualified person available at the time and place of the reinspection or review of weighing.
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(1) Each reinspection certificate must clearly show (i) the term “Reinspection” and (ii) a statement identifying the superseded certificate. The superseded certificate will be considered null and void as of the date of the reinspection certificate.
(2) When official grade or official factors, Class X weighing results, and official criteria are reported on the same certificate, the reinspection certificate shall show a statement indicating that the reinspection results are based on official grade, or official factors, or official criteria and that all other results are those of the original service.
(3) If the superseded certificate is in the custody of the agency or field office, the superseded certificate shall be marked “Void.” If the superseded certificate is not in the custody of the agency or field office at the time the reinspection certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the reinspection certificate.
(4) As of the date of issuance of the official certificate, the superseded certificate for the original service will be void and shall not be used to represent the grain.
(5) When certificates are issued under paragraph (a)(1) of this section, the reinspection certificate shall show a statement indicating that the results replaced the original results and that the reinspection certificate is not valid for trading purposes.
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Official personnel cannot perform or participate in performing or issue an official certificate for an appeal inspection if they participated in the original inspection, reinspection, or, in the case of a Board appeal inspection, the appeal inspection service unless there is only one qualified person available at the time and place of the appeal inspection.
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(1) Each appeal inspection certificate shall clearly show (i) the term “Appeal” or “Board appeal” and (ii) a statement identifying the superseded certificate. The superseded certificate will be considered null and void as of the date of the appeal inspection certificate.
(2) When official grade or official factors, Class X weighing results, and official criteria are reported on the same certificate, the appeal inspection certificate shall show a statement indicating that appeal or Board appeal inspection results are based on official grade, official factors, or official criteria and that all other results are those of the original, reinspection, or, in the case of a Board appeal, the appeal inspection results.
(3) Superseded certificates held by the Service shall be marked “Void.” If the superseded certificate is not in the custody of the Service at the time the appeal certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the appeal certificate.
(4) As of the date of issuance of the appeal or Board appeal certificate, the superseded certificate for the original, reinspection, or appeal inspection service will be void and shall not be used to represent the grain.
(5) When certificates are issued under paragraph (b) of this section, the appeal inspection certificate shall show a statement indicating that the results replace the original inspection, reinspection, or, in the case of a Board appeal, the appeal inspection results and that the appeal inspection certificate is not valid for trading purposes.
(d)
Sections 800.145 through 800.159 appear at 50 FR 18986, May 6, 1985, unless otherwise noted.
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Agencies, contractors, and approved scale testing organizations shall maintain complete records of the Act, regulations, the standards, any instructions issued by the Service, and all amendments and revisions thereto. These records shall be maintained until superseded or revoked.
Agencies, contractors, and approved scale testing organizations shall maintain complete records of their delegation, designation, contract, or approval. These records consist of a copy of the delegation or designation documents, a copy of the current contract, or a copy of the notice of approval, respectively, and all amendments and revisions thereto. These records shall be maintained until superseded, terminated, revoked, or cancelled.
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Agencies, contractors, and approved scale testing organizations shall maintain complete records on fee schedules. These records consist of (a) a copy of the current fee schedule; (b) in the case of an agency, data showing how the fees in the schedule were developed; (c) superseded fee schedules; and (d) related information required by the Service. These records shall be maintained for 5 years.
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Agencies and approved scale testing organizations shall maintain complete detailed official inspection work records, copies of official certificates, and equipment testing work records for 5 years.
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(i) Copies of the Act, the regulations, the standards, and the instructions;
(ii) The delegation, designation, contract, or approval issued by the Service;
(iii) Organization and staffing records;
(iv) A list of licenses and approvals; and
(v) The approved fee schedule of the agency, if applicable.
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The record for each official equipment testing service or activity consists of an official equipment testing report as prescribed in the instructions. Upon completion of each official equipment test, one or more copies of the completed testing report may, upon request, be issued to the owner or operator of the equipment. The testing report shall show the (a) date the test was performed, (b) name of the organization and personnel that performed the test, (c) names of the Service employees who monitored the testing, (d) identification of equipment that was tested, (e) results of the test, (f) names of any interested persons who were informed of the test results, (g) number or other identification of the approval tag or label affixed to the equipment, and (h) other information required by the instructions.
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Sections 800.160 through 800.166 appear at 50 FR 45396, Oct. 31, 1985, unless otherwise noted.
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(1) For an agency issuing export certificates or the Federal Grain Inspection Service, “United States Department of Agriculture—Federal Grain Inspection Service;”
(2) For a designated agency, the name of the agency, as applicable;
(3) Captions identifying the kind of service;
(4) A preprinted serial number and lettered prefix;
(5) “Original” or “copy,” as applicable;
(6) “Divided lot,” “duplicate,” or “corrected,” as applicable;
(7) The identification of the carrier or container;
(8) The date the service was performed;
(9) The date and method of sampling;
(10) The kind of movement and the level of service performed;
(11) The grade and kind or “Not Standardized Grain,” as applicable;
(12) The results of the service performed;
(13) The location of the issuing office;
(14) The location of the grain when the service was performed;
(15) A space for remarks;
(16) Whether a reinspection or appeal inspection service was based in whole or in part on file samples when file samples are used;
(17) A statement reflecting the results of a stowage examination, when applicable;
(18) Seal records, when applicable; and
(19) The name of the person issuing the certificate.
(d)
(e)
(2)
(a)
(1) The grade and factor information required by the Official U.S. Standards for Grain;
(2) The test weight of the grain, if applicable;
(3) The moisture content of the grain;
(4) The results for each official factor for which a determination was made;
(5) The results for each official factor that determined the grade when the grain is graded other that U.S. No. 1;
(6) Any other factor information considered necessary to describe the grain; and
(7) Any additional factor results requested by the applicant for official factors defined in the Official U.S. Standards for Grain.
(b)
(c) Test weight for canola and soybeans. Official canola inspection certificates will show, in addition to the requirements of paragraphs (a) and (b) of this section, the official test weight per bushel only upon request by the applicant. Official soybean inspection certificates will show, in addition to the requirements of paragraphs (a) and (b) of this section, the official test weight per bushel unless the applicant requests that test weight not be determined. Upon request, soybean test weight results will not be determined and/or reported on the official certificate.
(d)
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Upon request, a duplicate certificate may be issued for a lost or destroyed official certificate.
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Official certificates may be photo copied or similarly reproduced.
(a)
(2) Any individual who performs or represents that he or she is licensed or authorized, or an approved weigher, to perform Class Y weighing services under the Act must be licensed or authorized, or approved, by the Service to perform this service.
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(c)
(d)
(2)
(3)
(4)
(e)
(a)
(b)
(c)
(d)
(2)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(b)
(2)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Upon request by a licensee, the Service may cancel a license or suspend a license for a period of time not to exceed 1 year. A license that has been voluntarily suspended shall be returned by the Service upon request by the licensee within 1 year, subject to the provisions of § 800.172; a license that has been cancelled shall be considered void and shall not be subject to return or renewal.
A license issued to an individual who is employed by an agency shall be automatically suspended when the individual ceases to be employed by the agency. If the individual is reemployed by the agency or employed by another agency within 1 year of the suspension date and the license has not terminated in the interim, upon request of the licensee, the license will be reinstated subject to the provisions of §§ 800.172 and 800.173.
Licenses may be summarily revoked upon a finding that the licensee has been convicted of any offense either prohibited by section 13 of the Act or prohibited by Title 18 of the United States Code, with respect to the performance of services under the Act.
(a)
(b)
(c)
A license may be summarily canceled when (a) the license has been under voluntary or automatic suspension for a period of 1 year and there has been no request for return of the license or a request for return of the license has been dismissed in accordance with § 800.172; or (b) the licensee has died or fails to surrender the license in accordance with § 800.175(f).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(a)
(b)
(1) Perform any official inspection, Class X or Class Y weighing, or equipment testing service unless licensed or authorized to do so;
(2) Engage in criminal, dishonest, or notoriously disgraceful conduct, or other conduct prejudicial to the Department or the Service;
(3) Report for duty in an intoxicated or drugged condition, or consume intoxicating beverages or incapacitating drugs while on duty;
(4) Smoke in prohibited areas in elevators or perform official services in an unsafe manner that could endanger official personnel working on or about the premises;
(5) Make unwarranted criticisms or accusations against other official personnel, warehouse samplers, or employees of the Department; and
(6) Refuse to testify or respond to questions in connection with official inquiries or investigations.
(7) Coerce or attempt to coerce any person into providing any special or undue benefit to official personnel, approved weighers, or warehouse samplers.
(c)
(1) Solicit contributions from other official personnel or warehouse samplers for an employee of the Service, or make such a contribution. Nothing in this paragraph shall preclude the occasional voluntary giving or acceptance of gifts of a nominal value on special occasions;
(2) Take any action that might (i) create the appearance of a loss of impartiality or (ii) adversely affect the confidence of the public in the integrity of the inspection, weighing, or equipment testing services performed under the Act;
(3) Except as provided in § 800.76(a), engage in any outside (unofficial) work or activity that:
(i) May impair their efficiency in performing official functions; or
(ii) Consists in whole or in part of unofficial acts of sampling, stowage examination, inspection testing, equipment testing, inspection, or weighing services similar to the official services for which the employing agency is designated; or
(iii) May result in the acquisition of property interests that could create a conflict of interest as defined in section 11 of the Act; or
(iv) May tend to bring criticism on or otherwise embarrass the Department or the Service;
(4) Issue to other official personnel, warehouse samplers, or approved weighers any instructions or directives inconsistent with the Act, the regulations, the Official U.S. Standards for Grain, or the instructions;
(5) Organize or help establish a general or specialized farm organization, or act as an officer or business agency in, recruit members for, or accept office space or contributions from such an organization;
(6) Advocate that any general or specialized farm organization better represents the interest of farmers than any other organization or individual, or recommend that the responsibilities of any government agency be carried out through a general or specialized farm organization. Nothing in paragraph (c)(5) of this section shall prevent official personnel from holding membership in a general or specialized farm organization or prohibit official personnel from participating in the operation of local groups or organizations that conduct government-authorized programs.
(a)
(b)
(c)
(1) Accept any gratuity.
(2) Accept any fee or charge or other thing of monetary value, in addition to the published fee or charge, for the performance of official inspection or weighing services under circumstances in which the acceptance could result, or create the appearance of resulting, in (i) the use of their office or position for undue private gain, (ii) an undertaking to give undue preferential treatment to any group or any person, or (iii) any other loss of independence or impartiality in the performance of official inspection or Class X or Class Y weighing services.
(3) Knowingly perform, or participate in performing, an inspection or weighing service on grain in which they have a direct or indirect financial interest.
(4) Engage in the business by buying, selling, transporting, cleaning, elevating, storing, binning, mixing, blending, drying, treating, fumigating, or other preparation of grain (other than a grower of grain, or in the disposition of inspection samples); or in the business of cleaning, treating, or fitting carriers or containers for transporting or storing grain; the merchandising for nonfarm use of equipment for cleaning, drying, treating, fumigating, or otherwise processing, handling, or storing grain; or the merchandising of grain inspection or weighing equipment (other than buying or selling by official personnel of the equipment for use in the performance of their official services).
(5) Seek or hold any appointive or elective office in a grain industry organization or association. This provision does not apply to organizations of official inspectors or official weighers.
(6) Participate in any transaction involving the purchase or sale of corporate stocks or bonds, grain or grain-related commodities, or other property for speculative or income purposes if the transaction could reasonably be construed to interfere with the proper and impartial performance of official inspection for Class X or Class Y weighing services. Official personnel are not prohibited from (i) producing grain as a grower and selling the grain; (ii) making bona fide investments in governmental obligations, banking institutions, savings and loan associations, and other tangibles and intangibles that are clearly not involved in the production, transportation, storage, marketing, or processing of grain; or (iii) borrowing money from banks or other financial institutions on customary terms.
(d)
(e)
(f)
(2)
(3)
No official personnel shall certify or otherwise state in writing (a) the year of production of grain, including use of terms such as “new crop” or “old crop”; (b) the place or geographical area where the grain was grown; or (c) the variety of the grain.
(a)
(b)
(2)
Sections 800.195 through 800.199 were issued under secs. 8, 9, 10, 13, and 18, Pub. L. 94-582, 90 Stat. 2870, 2875, 2877, 2880, and 2884, 7 U.S.C. 79, 79a, 79b, 84, 87, and 87e.
(a)
(b)
(c)
(d)
(e)
(f)
(2)
(3)
(4)
(5)
(ii)
(6)
(7)
(ii)
(8)
(9)
(10)
(g)
(2)
(3)
(ii)
(h)
(a)
(b)
(2)
(ii)
(c)
(d)
(1) Shall be submitted on a form furnished by the Service;
(2) Shall be typewritten or legibly written in English;
(3) Shall show or be accompanied by documents which show all information requested on the form, or otherwise required by the Service; and
(4) Shall be signed by the applicant or its chief operating officer.
(e)
(2)
(i) The requested action is consistent with the need for official services;
(ii) The applicant meets the conditions and criteria specified in the Act and regulations; and
(iii) The applicant is better able than any other applicant to provide official services.
(f)
(2)
(3)
(g)
(2)
(3)
(ii)
(4)
(5)
(6)
(ii)
(7)
(ii)
(8)
(9)
(10)
(h)
(ii)
(A) The requesting agency fails to meet or comply with any of the criteria for designation set forth in the Act, regulations, and instructions, of
(B) The Administrator determines that another qualified applicant is better able to provide official services in the assigned area.
(2)
(3)
(4)
(A) The agency has failed to meet one or more of the criteria specified in section 7(f) of the Act or the regulations for the performance of official functions, or otherwise has not complied with any provision of the Act, regulations, or instructions, or
(B) Has been convicted of any violation of other Federal law involving the handling or official inspection of grain.
(ii)
(iii)
(i)
(a)
(b)
(1) Show or be accompanied by documents which show all information required by the Service;
(2) Certify that each employee scheduled to perform official scale testing and certification services is competent to test weighing equipment and has a working knowledge of the regulations and instructions applicable to such services;
(3) Be accompanied by the fee prescribed in § 800.71; and
(4) Be signed by the applicant or its chief operating officer.
(c)
(d)
(2)
(ii)
(iii)
(a)
(1) Specified official sampling, laboratory testing, or other similar objective technical activities involved in the testing of grain for official factors or official criteria, and
(2) Monitoring activities in foreign ports with respect to export grain that has been inspected and weighed under the Act.
(b)
(2)
(3)
(c)
(d)
(e)
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(4)
(5)
(c)
(2)
(3)
(d)
(a)
(b)
(c)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
(d)
(2)
Any person desiring to complain of a rejection or disapproval of equipment by official personnel or of any alleged discrepancy in the testing of equipment under the Act by official personnel or by approved scale testing organizations may file a complaint with the Service.
(a)
(b)
7 U.S.C. 71-87k
51 FR 7050, Feb. 28, 1986, unless otherwise noted.
The requirements set forth in this part 801 describe certain specifications, tolerances, and other technical requirements for official grain inspection equipment and related sample handling systems used in performing inspection services under the Act.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
The maintenance tolerances for barley pearlers used in performing official inspection services shall be:
The maintenance tolerances for dockage testers used in performing official inspection services shall be:
The maintenance tolerance for diverter-type mechanical samplers (primary, or primary and secondary in combination) used in performing official inspection services shall be ±10 percent, mean deviation from standard sampling device using corn or the same type of grain that the system will be used to sample.
(a) The maintenance tolerances for Motomco 919 moisture meters used in performing official inspection services shall be:
(1) Headquarters standard meters:
(2) All other than Headquarters standard meters:
(b) The maintenance tolerances for GAC 2100 moisture meters used in performing official inspection services shall be:
(1) Headquarters standard meters. By direct comparison using mid-range Hard Red Winter wheat, ±0.05% mean deviation for the average of the Headquarters standard moisture meters.
(2) All other than Headquarters standard meters. By sample exchange using mid-range Hard Red Winter wheat, ±0.15% mean deviation from the standard meter.
(a)
(2) The chemical reference starch determination used to reference and calibrate official NIRS instruments shall be performed in accordance with the Corn Refiners Association Method A-20, Analysis for Starch in Corn, Second revision, April 15, 1986, Standard Analytical Methods of the Member Companies of the Corn Refiners Association, Inc. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Director, Technical Services Division, Federal Grain Inspection Service, 10383 North Executive Hills Blvd., Kansas City, MO 64153-1394. Copies may be inspected at the above address or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(b)
(2)
(3)
(4) NIRS barley protein analyzers. The maintenance tolerances for the NIRS analyzers used in performing official inspections for determination of barley protein content are 0.20 percent mean deviation from the national standard NIRS instruments, which are referenced and calibrated to the Combustion method, AOAC International Method 992.23.
The maintenance tolerances for sieves used in performing official inspection services shall be:
(a) Thickness of metal: ±0.0015 inch.
(b) Accuracy of perforation: ±0.001 inch from design specification.
(c) Sieving accuracy:
The maintenance tolerances for test weight per bushel apparatuses used in performing official inspection services shall be:
(a)
(b)
(c)
(d)
(e)
(f)
(a)
The NIST Handbook is for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20403. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
The following Handbook 44 requirements are not incorporated by reference:
(b) [Reserved]
Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71
(a) The requirements set forth in this part 802 describe certain specifications, tolerances, and other technical requirements for grain weighing equipment and related grain handling systems used in performing Class X and Class Y weighing services, official inspection services, and commercial services under the Act. All scales used for official grain weight and inspection certification services provided by FGIS must meet applicable requirements contained in the FGIS Weighing Handbook, the General Code, the Scales Code, the Automatic Bulk Weighing Systems Code, and the Weights Code of the 2008 edition of National Institute of Standards and Technology (NIST) Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” (Handbook 44); and NIST Handbook 105-1 (1990 Edition), “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures,” (Handbook 105-1). These requirements are confirmed to be met by having National Type Evaluation Program type approval. Scales used for commercial purposes will be required to meet only the applicable requirements of the 2008 edition of the NIST Handbook-44. Pursuant to the provisions of 5 U.S.C. 552(a), with the exception of the Handbook 44 requirements listed in paragraph (b), the materials in Handbooks 44 and 105-1 are incorporated by reference as they exist on the date of approval and a notice of any change in these materials will be published in the
(b) The following Handbook 44 requirements are not incorporated by reference:
(a)
(2) Any county or city weights and measures jurisdiction approved by NBS or by their respective NBS-Certified State laboratory as being equipped with appropriate traceable standards and trained staff to provide valid calibration is approved by the Service. The State approval may be documented by a certificate or letter. The jurisdiction must be equipped to provide suitable certification documentation.
(3) Any commercial industrial laboratory primarily involved in the business of sealing and calibrating test weights (standards) will be approved by the Service provided:
(i) It requests written authority to perform tolerance testing of weights used within the Service's program(s) through their approved State jurisdiction. Copies of its request and written reference regarding the State decision shall be provided to the Service. A positive decision by the State will be required as a prerequisite to the Service's granting approval to any commercial laboratory to tolerance test the weights used in testing scales under the jurisdiction of the Service;
(ii) It has NBS traceable standards (through the State) and trained staff to perform calibrations in a manner prescribed by NBS and/or the State;
(iii) It is equipped to provide suitable certification documentation;
(iv) It permits the Service to make onsite visits to laboratory testing space.
(4) Approval of the commercial industrial laboratory will be at the Service's discretion. Once it has obtained approval, the commercial industrial laboratory maintains its site in a manner prescribed by the State and the Service.
(b)
7 U.S.C. 71-87k.
52 FR 24418, June 30, 1987, unless otherwise noted.
Compliance with the provisions of these standards does not excuse failure to
Grain refers to barley, canola, corn, flaxseed, mixed grain, oats, rye, sorghum, soybeans, sunflower seed, triticale, and wheat. Standards for these food grains, feed grains, and oilseeds are established under the United States Grain Standards Act.
Unless otherwise stated, the definitions in this section apply to all grains. All other definitions unique to a particular grain are contained in the appropriate subpart for that grain.
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
(a)
(1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5.
(2) When the figure to be rounded is followed by a figure less than 5, retain the figure; e.g., report 8.34 as 8.3, and 1.22 as 1.2.
(b)
The grades and grade requirements for each grain (except mixed grain) and shown in the grade table(s) of the respective standards. Mixed grain grade requirements are not presented in tabular form.
(a)
(1) The letters “U.S.”;
(2) The abbreviation “No.” and the number of the grade or the words “Sample grade”;
(3) When applicable, the subclass;
(4) The class or kind of grain;
(5) When applicable, the special grade(s) except in the case of bright, extra heavy, and heavy oats or plump rye, the special grades, “bright”, “extra heavy”, “heavy” and “plump” will precede the word “oats” or “rye” as applicable; and
(6) When applicable, the word “dockage” together with the percentage thereof.
(b)
A special grade serves to draw attention to a special factor or condition present in the grain and, when applicable, is supplemental to the grade assigned under § 810.106. Except for the special grade “infested,” the special grades are identified and requirements are established in each respective grain standards.
(a)
(1)
(2)
(3)
(b)
(1)
(2)
(3)
Special grade designations are shown as prescribed in § 810.106. Multiple special grade designations will be listed in alphabetical order. In the case of treated wheat, the official certificate shall show whether the wheat has been scoured, limed, washed, sulfured, or otherwise treated.
Grain that, before the removal of dockage, consists of 50 percent or more of whole kernels of cultivated barley (
(a)
(b)
(c)
(1)
(i)
(ii)
(iii)
(2)
(i)
(ii)
(iii)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(2) 5-
(3)
(q)
(r)
(s)
(t)
(1)
(2)
(u)
Malting barley shall not be infested in accordance with § 810.107(b) and shall not contain any special grades as defined in § 810.206. Two-rowed Malting barley varieties not meeting the requirements of this section shall be graded in accordance with standards established for the class Barley.
(a)
(b)
(c)
(d)
57 FR 3274, Jan. 29, 1992, unless otherwise noted.
Seeds of the genus
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Each determination of conspicuous admixture, ergot, sclerotinia, stones, damaged kernels, heat-damaged kernels, distinctly green kernels, and inconspicuous admixture is made on the basis of the sample when free from dockage. Other determinations not specifically provided for under the general provisions are made on the basis of the sample as a whole, except the determination of odor is made on either the basis of the sample as a whole or the sample when free from dockage. The content of glucosinolates and erucic acid is determined on the basis of the sample according to procedures prescribed in FGIS instructions.
Grain that consists of 50 percent or more of whole kernels of shelled dent corn and/or shelled flint corn (
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(g)
(2)
Each determination of class, damaged kernels, heat-damaged kernels, waxy corn, flint corn, and flint and dent corn is made on the basis of the grain after the removal of the broken
(a)
(b)
(c)
Grain that, before the removal of dockage, consists of 50 percent or more of common flaxseed (
(a)
(b)
(c)
(d)
Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage.
Any mixture of grains for which standards have been established under the United States Grain Standards Act, provided that such mixture does not come within the requirements of any of the standards for such grains; and that such mixture consists of 50 percent or more of whole kernels of grain and/or whole or broken soybeans which will not pass through a
(a)
(b)
(c)
(d)
(e)
Each determination of damaged and heat-damaged kernels, and the percentage of each kind of grain in the mixture is made on the basis of the sample after removal of foreign material and fines. Other determinations not specifically provided for under the general provisions are made on the basis of the grain as a whole, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from foreign material and fines.
(a)
(b)
(1) Does not meet the requirements for the grade U.S. Mixed Grain; or
(2) Contains more than 16.0 percent moisture; or
(3) Contains 8 or more stones that have an aggregate weight in excess of 0.2 percent of the sample weight, 2 or more pieces of glass, 3 or more Crotalaria seeds (
(4) Is musty, sour, or heating; or
(5) Has any commercially objectionable foreign odor except smut or garlic; or
(6) Is otherwise of distinctly low quality.
(a)
(b)
(2) Any other mixed grain that contains more than 0.10 percent ergot.
(c)
(2) Any other mixed grain that contains 4 or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of mixed grain.
(d)
(2) Any other mixed grain that has the kernels covered with smut spores to give a smutty appearance in mass, or that contains more than 0.2 percent smut balls.
(e)
Grain that consists of 50 percent or more of oats (
(a)
(b)
(c)
(d)
(e)
(2)
(f)
(g)
Other determinations not specifically provided for under the general provisions are made on the basis of the grain as a whole.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Grain that, before the removal of dockage, consists of 50 percent or more of common rye (
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage.
(a)
(b)
(c)
(d)
(e)
(f)
Grain that, before the removal of dockage, consists of 50 percent or more of whole kernels of sorghum (
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
Each determination of broken kernels and foreign material is made on the basis of the grain when free from dockage. Each determination of class, damaged kernels, heat-damaged kernels, and stones is made on the basis of the grain when free from dockage and that portion of the broken kernels, and foreign material that will pass through a 1.98 mm (5/64 inches) triangular-hole sieve. Other determinations not specifically provided for in the general provisions are made on the basis of the grain as a whole except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage, broken kernels, and foreign material removed by the 1.98 mm (5/64 inches) triangular-hole sieve.
Grain that consists of 50 percent or more of whole or broken soybeans (
(a)
(1)
(2)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Each determination of class, heat-damaged kernels, damaged kernels, splits, and soybeans of other colors is made on the basis of the grain when free from foreign material. Other determinations not specifically provided for under the general provisions are made on the basis of the grain as a whole.
(a)
(b)
Grain that, before the removal of foreign material, consists of 50.0 percent or more of cultivated sunflower seed (
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Each determination of heat-damaged kernels, damaged kernels, test weight per bushel, and dehulled seed is made on the basis of the grain when free from foreign material. Other determinations not specifically provided for in the general provisions are made on the basis of the grain as a whole, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from foreign material.
Grain that, before the removal of dockage, consists of 50 percent or more of triticale (
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Each determination of heat-damaged kernels, damaged kernels, material other than wheat or rye, and foreign material (total) is made on the basis of the grain when free from dockage and shrunken and broken kernels. Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage.
(a)
(b)
(c)
(d)
(e)
Grain that, before the removal of dockage, consists of 50 percent or more common wheat (
(a)
(1)
(i)
(ii)
(iii)
(2)
(i)
(ii)
(iii)
(3)
(4)
(5)
(6)
(i)
(ii)
(iii)
(7)
(8)
(b)
(1) Durum wheat, Soft White wheat, and Unclassed wheat in the classes Hard Red Spring wheat and Hard Red Winter wheat.
(2) Hard Red Spring wheat, Hard Red Winter wheat, Hard White wheat, Soft Red Winter wheat, Soft White wheat, and Unclassed wheat in the class Durum wheat.
(3) Durum wheat and Unclassed wheat in the class Soft Red Winter wheat.
(4) Durum wheat, Hard Red Spring wheat, Hard Red Winter wheat, Soft Red Winter wheat, and Unclassed wheat, in the classes Hard White wheat and Soft White wheat.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Each determination of heat-damaged kernels, damaged kernels, foreign material, wheat of other classes, contrasting classes, and subclasses is made on the basis of the grain when free from dockage and shrunken and broken kernels. Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage.
(a) Grades and grade requirements for all classes of wheat, except Mixed wheat.
(b)
(a)
(b)
(c)
(d)
(e)
7 U.S.C. 1621-1627.
53 FR 3722, Feb. 9, 1988, unless otherwise noted. Redesignated at 60 FR 16364, Mar. 30, 1995.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
The Administrator, under the authority delegated by the Secretary, is charged with administering the programs and functions authorized under the Act and the regulations concerning those commodities assigned by the Secretary to the Service.
In implementing, administering, and enforcing the Act and the regulations, standards, and instructions, it is the policy of the Service to promote adherence to the provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000a
Notice of proposals to prescribe, amend, or revoke regulations and standards shall be published in accordance with applicable provisions of the Administrative Procedures Act (5 U.S.C. 551
(a)
(b)
Opportunities shall be provided for hearings either in accordance with the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary under Various Statutes (7 CFR part 1, subpart H) or in accordance with FGIS procedures as appropriate.
Information about the Service, Act, regulations, standards, rules of practice, instructions, and other matters related to the inspection of commodities may be obtained by telephoning or writing the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator.
(a)
(b)
(c)
(d)
(e)
(f)
All official personnel shall have in their possession and present upon request, while on duty, the means of identification furnished to them by the Department.
These regulations do not apply to the inspection of grain under the United States Grain Standards Act, as amended (7 U.S.C. 71
(a)
(b)
(c)
(a)
(b)
(1) The date filed;
(2) The identification, quantity, and location of the commodity;
(3) The type of service(s) requested;
(4) The name and mailing address of the applicant and, if made by an authorized agent, the agent's name and mailing address; and
(5) Any other relevant information that the official with whom the application is filed may request.
(c)
(d)
(e)
(2)
(f)
(g)
(h)
(1) Loading and unloading areas and the truck and railroad holding areas;
(2) Pier or dock areas;
(3) Deck and stowage areas of a carrier;
(4) Other service areas; and
(5) Equipment used in loading or unloading, processing, and handling the commodity.
(i)
(j)
An applicant may withdraw a request for inspection service any time before official personnel release results, either verbally or in writing. Reimbursement of expenses, if any, shall be made pursuant to § 868.26.
(a)
(i) Performing the requested service is not practicable or possible.
(ii) The cooperator or the Service lacks authority under the Act or regulations to provide the inspection service requested or is unable to comply with the Act, regulations, standards, or instructions.
(iii) Sufficient information is not available to make an accurate determination.
(2)
(3)
(i) The factor requested was not tested during the original inspection;
(ii) The condition of the commodity has undergone a material change;
(iii) A representative file sample is not available;
(iv) The applicant requests that a new sample be obtained;
(v) The request is for a graded commodity; or
(vi) The reasons for the retest inspection are frivolous.
(4)
(i) The scope is different from the scope of the original inspection service;
(ii) The condition of the commodity has undergone a material change;
(iii) The request specifies a file sample and a representative file sample is not available;
(iv) The applicant requests that a new sample be obtained and a new sample cannot be obtained; or
(v) The reasons for the appeal inspection are frivolous.
(5)
(i) The scope is different from the scope of the original inspection service;
(ii) The condition of the commodity has undergone a material change;
(iii) A representative file sample is not available;
(iv) The applicant requests that a new sample be obtained; or
(v) The reasons for the Board appeal inspection are frivolous.
(b)
(a)
(b)
(a)
(b) The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary under Various Statutes (7 CFR part 1, subpart H) shall be followed in the denial or withdrawal of service.
For any request that has been withdrawn, dismissed, or withheld under §§ 868.22, 868.23, or 868.24, respectively, each applicant shall pay expenses incurred by the cooperator or the Service.
(a)
(2)
(3)
(b)
(c)
(d)
(2) Official personnel shall not perform, participate in performing, or issue a certificate if the official personnel participated in a previous inspection or certification of the lot unless there is only one authorized person available at the time and place of the requested inspection service.
(a)
(1) Standards of class, grade, other quality designation, quantity, or condition for such commodities promulgated by the Administrator; or
(2) Specifications prescribed by Federal agencies; or
(3) Specifications of trade associations or organizations; or
(4) Other specifications as requested by applicant; or
(5) The instructions.
(b)
(1) Obtaining representative sample(s) of an identified commodity lot;
(2) Examining, grading, or testing the sample(s);
(3) Examining relevant records for the lot; and
(4) Certifying the results.
(c)
(d)
(e)
(1) Weighing a selected number of containers from a commodity lot;
(2) Determining the estimated total gross, tare, and net weights or the estimated average gross or net weight per filled container; and
(3) Certifying the results.
(f)
(1) Completely supervising the loading or the unloading of an identified lot of bulk or containerized commodity,
(2) Physically weighing or completely supervising the weighing of the commodity; and
(3) Certifying the results.
(g)
(1) Performing a stowage examination;
(2) Computing the number of filled commodity containers loaded aboard the carrier;
(3) Observing the condition of commodity containers loaded aboard the carrier;
(4) If practicable, sealing the carrier; and
(5) Certifying the results.
(h)
(i)
(j)
(k)
(l)
(m)
Official commodity inspections shall be performed only by official personnel.
(a)
(i) Obtained by official personnel;
(ii) Representative of the commodity in the lot;
(iii) Protected by official personnel from manipulation, substitution, and improper or careless handling; and
(iv) Obtained within the prescribed area of responsibility of the cooperator or field office performing the inspection service.
(2)
(3)
(4)
(b)
(c)
(1) Has been obtained by official personnel;
(2) Is of the size prescribed in the instructions; and
(3) Has been obtained, handled, and submitted in accordance with the instructions.
(d)
When the entire lot is not accessible for examination or a representative sample cannot be obtained from the entire lot, the certificate shall state the estimated quantity of the commodity in the accessible portion and the quantity of the entire lot. The inspection shall be limited to the accessible portion. In addition, the words “Partial Inspection” shall be printed or stamped on the certificate.
(a)
(2)
(b)
(c)
(2)
(d)
(e)
(2)
(a)
(1) A portion of the commodity is unloaded, transferred, or otherwise removed from the carrier or location after the time of original inspection, unless the identity is preserved; or
(2) More commodity or other material, including a fumigant or insecticide, is added to the lot after the original inspection was performed, unless the addition of the fumigant or insecticide was performed in accordance with the instructions; or
(3) At the option of official personnel performing an appeal inspection or Board appeal inspection service, the identity of a commodity in a closed carrier or container may be considered lost if the carrier or container is not sealed or the seal record is incomplete.
(b)
(c)
(1) The identifying number, mark, or symbol for the sample is lost or destroyed; or
(2) The sample has not been retained and protected by official personnel as prescribed in the regulations and the instructions.
Any interested person may apply for inspection service.
Any interested person may enter into a contract with a cooperator or the Service whereby the cooperator or Service will provide original inspection services for a specified period, and the applicant will pay a specific fee.
(a)
(b)
When circumstances prevent a retest inspection, appeal inspection, or Board appeal inspection, an applicant may request a new original inspection on any previously inspected lot; except that a new original inspection may not be performed on an identifiable commodity lot which, as a result of a previous inspection, was found to be contaminated with filth, other than insect fragments in nongraded processed products, or to contain a deleterious substance. A new original inspection shall be based on a new sample and shall not be restricted to the scope of any previous inspection. A new original inspection certificate shall not supersede any previously issued certificate.
(a)
(b)
(a)
(b)
(a)
(b)
(1) Each retest inspection certificate shall clearly show the term “Retest” and a statement identifying the superseded original certificate. The superseded certificate shall be considered null and void as of the date of the retest certificate. When applicable, the certificate shall also show a statement as to which factor(s) result is based on the retest inspection service and that all other results are those of the original inspection service.
(2) If the superseded certificate is in the custody of the Service, the superseded certificate shall be marked “Void.” If the superseded certificate is not in the custody of the Service at the time the retest certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the retest certificate.
(a)
(b)
(a)
(b)
(2) Subject to the limitations of paragraph (b)(3) of this section, the applicant may request that an appeal inspection be based on: (i) The file sample or (ii) a new sample. However, an appeal inspection shall be based on a new sample only if the lot can positively be identified by official personnel as the one that was previously inspected and the entire lot is available and accessible for sampling and inspection. Board appeals shall be on the basis of the file sample.
(3) An appeal inspection shall be limited to a review of the sampling procedure and an analysis of the file sample when, as a result of a previous inspection, the commodity was found to be contaminated with filth (other than insect fragments in nongraded processed products) or to contain a deleterious substance. If it is determined that the sampling procedures were improper, a new sample shall be obtained if the lot can be positively identified as the lot which was previously inspected and the entire lot is available and accessible for sampling and inspection.
(a)
(b)
(a)
(b)
(1) Each appeal inspection certificate shall clearly show: (i) The term “Appeal” or “Board Appeal” and (ii) a statement identifying the superseded certificate. The superseded certificate shall be considered null and void as of the date of the appeal inspection or Board appeal inspection certificate.
(2) When the results for more than one kind of service are reported on a certificate, the appeal or Board appeal inspection certificate shall show a statement of which kind of service(s) results are based on the appeal or Board appeal inspection service and that all other results are those of the original inspection, retest inspection, or appeal inspection service.
(3) If the superseded certificate is in the custody of the Service, the superseded certificate shall be marked “Void.” If the superseded original inspection, retest inspection, or appeal inspection certificate is not in the custody of the Service at the time the appeal certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the appeal certificate.
(c)
(a)
(b)
(2)
(3)
(c)
(d)
(2)
(e)
(f)
(2)
(g)
(h)
Official certificates shall—
(a) Be on standard printed forms prescribed in the instructions;
(b) Be in English;
(c) Be typewritten or handwritten in ink and be clearly legible;
(d) Show the results of inspection services in a uniform, accurate, and concise manner;
(e) Show the information required by §§ 868.70-868.75; and
(f) Show only such other information and statements of fact as are provided in the instructions authorized by the Administrator.
(a)
(b)
(1) The class, grade, or any other quality designation according to the official grade standards;
(2) All factor information requested by the applicant; and
(3) All grade determining factors for commodities graded below the highest quality grade.
(a)
(b)
(c)
(1) The corrections are neat and legible;
(2) Each correction is initialed by the individual who corrects the certificate; and
(3) The corrections and initials are shown on the original and all copies.
(d)
(2)
(i) The terms “Corrected Original” and “Corrected Copy,”
(ii) A statement identifying the superseded certificate and the corrections,
(iii) A statement indicating the superseded certificate was not surrendered when the incorrect certificate was not submitted; and
(iv) A new serial number.
(e)
(a)
(b)
(1) In writing;
(2) By the applicant who made the initial request;
(3) To the office that issued the outstanding certificate;
(4) Within 5 business days of the outstanding certificate date; and
(5) Before the identity of the commodity has been lost.
(c)
(d)
(1) Be in the custody of the cooperator or the Service;
(2) Be marked “Void,” and
(3) Show the identification of the divided-lot certificates.
(e)
(1) A statement indicating the commodity was inspected as an undivided lot;
(2) The terms “Divided-Lot Original,” and the copies shall show “Divided-Lot Copy;”
(3) The same serial number with numbered suffix (for example, 1764-1, 1764-2, 1764-3, and so forth); and
(4) The quantity specified by the request.
(f)
(g)
Upon request, a duplicate certificate may be issued for a lost or destroyed official certificate.
(a)
(1) In writing;
(2) By the applicant who requested the service covered by the lost or destroyed certificate; and
(3) With the office that issued the initial certificate.
(b)
(c)
(d)
(a)
(1) Is employed by a cooperator, is a contractor, or is employed by a contractor;
(2) Possesses the qualifications prescribed in the instructions; and
(3) Has no interest, financial or otherwise, direct or indirect in merchandising, handling, storing, or processing the kind of commodities or related products to be inspected.
(b)
(a)
(b)
(c)
(2)
(d)
Upon request by a licensee, the Service may cancel a license or suspend a license for a period of time not to exceed 1 year. A license that has been voluntarily suspended shall be returned by the Service upon request by the licensee within 1 year, subject to the provisions of § 868.81(a) and (b); a license that has been cancelled shall be considered void and shall not be subject to return or renewal.
A license issued to an individual shall be automatically suspended when the individual ceases to be employed by the cooperator. If the individual is reemployed by the cooperator or employed by another cooperator within 1 year of the suspension date and the license has not terminated in the interim, upon request of the licensee, the license will be reinstated subject to the provisions of § 868.81(a) and (b).
(a)
(i) Willfully, carelessly, or through incompetence fails to perform the duties specified in the Act, regulations, standards, or the instructions or
(ii) Becomes incapable of performing required duties.
(2) A license may not be suspended or revoked until the individual:
(i) Has been served notice, in person or by registered mail, that suspension or revocation of the license is under consideration for reasons set out in the notice and
(ii) Has been given an opportunity for a hearing.
(b)
(c)
(a) The fees shown in Table 1 apply to Federal Commodity Inspection Services specified below.
(b) In addition to the fees, if any, for sampling or other requested service, a fee will be assessed for each laboratory test (original, retest, or appeal) listed in table 2 of this section.
(c) If a requested test is to be reported on a specified moisture basis, a fee for a moisture test will also be assessed.
(d) Laboratory tests referenced in table 2 of this section will be charged at the applicable laboratory fee.
The fees shown in Tables 1 and 2 apply to Federal rice inspection services. Fees for other services not referenced in Table 2 will be based on the non-contract hourly rate listed in § 868.91, Table 1.
(a)
(1) The cost of performing the service and related supervision and administrative costs;
(2) The cost of per diem, subsistence, mileage, or commercial transportation to perform the service for rice inspection only in § 868.91, table 1. See § 868.90, table 1, footnote 1, for fees for inspection of commodities other than rice.
(3) The cost of first-class mail service;
(4) The cost of overtime and premium pay; and
(5) The cost of certification except as provided in § 868.92(c).
(b)
(1) Travel from the FGIS field office or assigned duty location to the service point and return; and
(2) The performance of the requested service, less mealtime.
(c)
(1) An applicant requests more than the original and three copies of a certificate;
(2) An applicant requests onsite typing of certificates or typing of certificates at the FGIS field office during other than normal working hours; and
(3) An applicant requests the use of express-type mail or courier service.
(d)
(1) Service has been requested at a specified location;
(2) A Service representative is on duty and ready to provide service but
(3) FGIS officials determine that the Service representative(s) cannot be utilized elsewhere or cannot be released without cost to the Service.
(e)
(f)
(g)
(h)
(2)
62 FR 6706, Feb. 13, 1997, unless otherwise noted.
The Grain Inspection, Packers and Stockyards Administration (GIPSA) of the U.S. Department of Agriculture (USDA) facilitates the fair and efficient marketing of agricultural products by maintaining voluntary grade standards for Beans, Whole Dry Peas, Split Peas, and Lentils, which provide a uniform language for describing the quality of these commodities in the marketplace. These standards may cover (but are not limited to) terms, classes, quality levels, performance criteria, and inspection requirements. Procedures contained in this part set forth the process which GIPSA will follow in developing, issuing, revising, suspending, or terminating the U.S. standards for Beans, Whole Dry Peas, Split Peas, and Lentils. Communications about GIPSA standards in general should be addressed to the Administrator, GIPSA, USDA, 1400 Independence Avenue, SW., Washington, DC 20250-3601.
(a) GIPSA will develop, revise, suspend, or terminate grade standards if it determines that such action is in the public interest. GIPSA encourages interested parties to participate in the review, development, and revision of grade standards. Interested parties include growers, producers, processors, shippers, distributors, consumers, trade associations, companies, and State or Federal agencies. Such persons may at any time recommend that GIPSA develop, revise, suspend, or terminate a grade standard. Requests for action should be in writing, and should be accompanied by a draft of the suggested change, as appropriate.
(b) GIPSA will:
(1) Determine the need for new or revised standards;
(2) Collect technical, marketing, or other appropriate data;
(3) Conduct research regarding new or revised standards, as appropriate; and
(4) Draft the proposed standards.
(c) If GIPSA determines that new standards are needed, existing standards need to be revised, or the suspension or termination of existing standards is justified, GIPSA will undertake the action with input from interested parties.
(a) After developing a standardization proposal, GIPSA will publish a notice in the
(b) GIPSA will simultaneously issue a news release about these actions, notifying the affected industry and general public. GIPSA will also distribute copies of proposals to anyone requesting a copy or to anyone it believes may be interested, including other Federal, State, or local government agencies.
(c) All comments received within the comment period will be made part of the public record maintained by GIPSA, will be available to the public for review, and will be considered by GIPSA before final action is taken on the proposal.
(d) Based on the comments received, GIPSA's knowledge of standards, grading, marketing, and other technical factors, and any other relevant information, GIPSA will decide whether the proposed actions should be implemented.
(e) If GIPSA concludes that the changes as proposed or with appropriate modifications should be adopted, GIPSA will publish the final changes in the
(f) If GIPSA determines that proposed changes are not warranted, or otherwise are not in the public interest, GIPSA will either publish in the
Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws.
42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, unless otherwise noted.
Rice (
For the purposes of these standards, the following terms shall have the meanings stated below:
(a)
(b)
(c)
(1) “Long grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which after milling to a well-milled degree, contains not more than 10 percent of whole or broken kernels of medium or short grain rice.
(2) “Medium grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which after milling to a well-milled degree, contains not more than 10 percent of whole or large broken kernels of long grain rice or whole kernels of short grain rice.
(3) “Short grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which, after milling to a well-milled degree, contains not more than 10 percent of whole or large broken
(4) “Mixed rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which, after milling to a well-milled degree, contains more than 10 percent of “other types” as defined in paragraph (h) of this section.
(d)
(e)
(f)
(g)
(h)
(i) Long grain rice in medium or short grain rice,
(ii) Medium grain rice in long or short grain rice,
(iii) Short grain rice in long or medium grain rice, and
(2) Large broken kernels of long grain rice in medium or short grain rice and large broken kernels of medium or short grain rice in long grain rice.
Broken kernels of medium grain rice in short grain rice and large broken kernels of short grain rice in medium grain rice shall not be considered other types.
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
The determination of seeds, objectionable seeds, heat-damaged kernels, red rice and damaged kernels, chalky kernels, other types, color, and the special grade Parboiled rough rice shall be on the basis of the whole and large broken kernels of milled rice that are produced in the milling of rough rice to a well-milled degree. When determining class, the percentage of (a) whole kernels of rough rice shall be determined on the basis of the original sample, and (b) types of rice shall be determined on
Interpretive line samples showing the official scoring line for factors that are determined by visual examinations shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for reference in all inspection offices that inspect and grade rice.
In determining milling yield (see § 868.202(f)) in rough rice, the degree of milling shall be equal to, or better than, that of the interpretive line sample for “well-milled” rice.
Milling yield shall be determined by the use of an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the McGill Miller No. 3 and any other equipment that is approved by the Administrator as giving equivalent results.
Milling yield shall not be determined when the moisture content of the rough rice exceeds 18.0 percent.
Water content in rough rice as determined by an approved device in accordance with procedures prescribed in the FGIS instructions. For the purpose of this paragraph, “approved device” shall include the Motomco Moisture Meter and any other equipment that is approved by the Administrator as giving equivalent results.
(a)
(1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5.
(2) When the figure to be rounded is followed by a figure less than 5, retain the figure; e.g., report 8.34 as 8.3 and 1.22 as 1.2.
(b)
Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator.
(a)
(1) The letters “U.S.;”
(2) The number of the grade or the words “Sample grade,” as warranted;
(3) The words “or better,” when applicable and requested by the applicant prior to inspection;
(4) The class;
(5) Each applicable special grade (see § 868.213); and
(6) A statement of the milling yield.
(b)
(1) The percentage of whole kernels of each type in the order of predominance;
(2) The percentage of large broken kernels of each type in the order of predominance;
(3) The percentage of material removed by the No. 6 sieve or the No. 6 sizing plate; and
(4) The percentage of seeds, when applicable.
(c)
A special grade, when applicable, is supplemental to the grade assigned under § 868.210. Such special grades for rough rice are established and determined as follows:
(a)
(1)
(2)
(3)
(b)
The maximum limits for “Chalky kernels,” “Heat-damaged kernels,” “Kernels damaged by heat,” and the “Color requirements” shown in § 868.210 are not applicable to the special grade “Parboiled rough rice.”
(c)
(d)
The maximum limits for “Chalky kernels” in § 868.210 are not applicable to the special grade “Glutinous rough rice.”
(e)
The grade designation for infested, parboiled, smutty, glutinous, or aromatic rough rice shall include, following the class, the word(s) “Infested,” “Parboiled Light,” “Parboiled,” “Parboiled Dark,” “Smutty,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.211.
Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws.
42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, unless otherwise noted. Redesignated at 60 FR 16364, Mar. 30, 1995.
Rice (
For the purposes of these standards, the following terms shall have the meanings stated below:
(a)
(b)
(c)
(d)
(1) “Long-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of medium- or short-grain rice.
(2) “Medium-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of long-grain rice or whole kernels of short-grain rice.
(3) “Short-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of long-grain rice or whole kernels of medium-grain rice.
(4) “Mixed brown rice for processing” shall be brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and more than 10.0 percent of “other types” as defined in paragraph (i) of this section.
(e)
(f)
(g)
(h)
(i)
(i) Long grain rice in medium or short grain rice and medium or short grain rice in long grain rice,
(ii) Medium grain rice in long or short grain rice,
(iii) Short grain rice in long or medium grain rice,
(2) Broken kernels of long grain rice in medium or short grain rice and broken kernels of medium or short grain rice in long grain rice.
Broken kernels of medium grain rice in short grain rice and broken kernels of short grain rice in medium grain rice shall not be considered other types.
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
The determination of kernels damaged by heat, heat-damaged kernels, parboiled kernels in nonparboiled rice, and the special grade Parboiled brown rice for processing shall be on the basis of the brown rice for processing after it has been milled to a well-milled degree. All other determinations shall be on the basis of the original sample. Mechanical sizing of kernels shall be adjusted by handpicking as prescribed in FGIS instructions, or by any method which gives equivalent results.
Broken kernels shall be determined by the use of equipment and procedures prescribed in FGIS instructions, or by any method which gives equivalent results.
Interpretive line samples showing the official scoring line for factors that are determined by visual observation shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for
In determining milling yield (see § 868.252(g)) in brown rice for processing, the degree of milling shall be equal to, or better than, that of the interpretive line sample for “well-milled” rice.
Milling yield shall be determined by the use of an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the McGill Miller No. 3 and any other equipment that is approved by the Administrator as giving equivalent results.
Milling yield shall not be determined when the moisture content of the brown rice for processing exceeds 18.0 percent.
Water content in brown rice for processing as determined by an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the Motomco Moisture Meter and any other equipment that is approved by the Administrator as giving equivalent results.
(a)
(1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5.
(2) When the figure to be rounded is followed by a figure less than 5, retain the figure, e.g., report 8.34 as 8.3 and 1.22 and 1.2.
(b)
Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator.
(a)
(1) The letters “U.S.;”
(2) The number of the grade or the words “Sample grade,” as warranted;
(3) The words “or better,” when applicable and requested by the applicant prior to inspection;
(4) The class; and
(5) Each applicable special grade (see § 868.264).
(b)
(1) The percentage of whole kernels of each type in the order of predominance;
(2) The percentage of broken kernels of each type in the order of predominance, when applicable; and
(3) The percentage of seeds, related material, and unrelated material.
(c)
A special grade, when applicable, is supplemental to the grade assigned under § 868.262. Such special grades for brown rice for processing are established and determined as follows:
(a)
The maximum limits for “chalky kernels,” “Heat-damaged kernels,” and “Kernels damaged by heat” shown in § 868.261 are not applicable to the special grade “Parboiled brown rice for processing.”
(b)
(c)
The maximum limits for “Chalky kernels” in § 868.261 are not applicable to the special grade “Glutinous brown rice for processing.”
(d)
The grade designation for parboiled, smutty, glutinous, or aromatic brown rice for processing shall include, following the class, the word(s) “Parboiled,” “Smutty,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.262.
Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws.
42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977. Redesignated at 60 FR 16364, Mar. 30, 1995.
Whole or broken kernels of rice (
For the purposes of these standards, the following terms shall have the meanings stated below:
(a)
(b)
(c)
(d)
(1) “Long grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of medium or short grain rice. U.S. No. 5 and U.S. No.
(2) “Medium grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of long grain rice or whole kernels of short grain rice. U.S. No. 5 and U.S. No. 6 medium grain milled rice shall contain not more than 10.0 percent of whole kernels of long or short grain milled rice (broken kernels do not apply).
(3) “Short grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of long grain rice or whole kernels of medium grain rice. U.S. No. 5 and U.S. No. 6 short grain milled rice shall contain not more than 10.0 percent of whole kernels of long or medium grain milled rice (broken kernels do not apply).
(4) “Mixed milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and more than 10.0 percent of “other types” as defined in paragraph (i) of this section. U.S. No. 5 and U.S. No. 6 mixed milled rice shall contain more than 10.0 percent of whole kernels of “other types” (broken kernels do not apply).
(5) “Second head milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains:
(i) Not more than (
(ii) Not more than (
(6) “Screenings milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains:
(i) Not more than (
(ii) Not more than (
(7) “Brewers milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains not more than 25.0 percent of whole kernels and which does not meet the kernel-size requirements for the class Second Head Milled Rice or Screenings Milled Rice.
(e)
(f)
(g)
(h)
(i)
Broken kernels of medium grain rice in short grain rice and broken kernels of short grain rice in medium grain rice shall not be considered other types.
(j)
(k)
(l)
(m)
(n)
(o)
This factor is determined on an individual kernel basis and applies to the special grade Undermilled milled rice only.
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
All determinations shall be on the basis of the original sample. Mechanical sizing of kernels shall be adjusted by handpicking, as prescribed in FGIS
Broken kernels shall be determined by the use of equipment and procedures prescribed in FGIS instructions or by any method which gives equivalent results.
Interpretive line samples showing the official scoring line for factors that are determined by visual observation shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for reference in all inspection offices that inspect and grade rice.
The degree of milling for milled rice;
Water content in milled rice as determined by an FGIS approved device in accordance with procedures prescribed in FGIS instructions.
(a)
(1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5.
(2) When the figure to be rounded is followed by a figure less than 5, retain the figure, e.g., report 8.34 as 8.3 and 1.22 and 1.2.
(b)
Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator.
(a)
(1) The letters “U.S.;”
(2) The number of the grade or the words “Sample grade,” as warranted;
(3) The words “or better,” when applicable and requested by the applicant prior to inspection;
(4) The class; and
(5) Each applicable special grade (see § 868.316).
(b)
(1) The percentage of whole kernels of each type in the order of predominance;
(2) The percentage of broken kernels of each type in the order of predominance, when applicable; and
(3) The percentage of seeds and foreign material.
(c)
A special grade, when applicable, is supplemental to the grade assigned under § 868.314. Such special grades for milled rice are established and determined as follows:
(a)
(b)
(c)
The maximum limits for “Chalky kernels,” “Heat-damaged kernels,” “Kernels damaged by heat,” and the “Color requirements” in §§ 868.310, 868.311, 868.312, and 868.313 are not applicable to the special grade “Parboiled milled rice.”
(d)
(e)
The maximum limits for “Chalky kernels,” shown in §§ 868.310, 868.311, and 868.312 are not applicable to the special grade “Glutinous milled rice.”
(f)
The grade designation for coated, granulated brewers, parboiled, undermilled, glutinous, or aromatic milled rice shall include, following the class, the word(s) “Coated,” “Granulated,” “Parboiled Light,” “Parboiled,” “Parboiled Dark,” “Undermilled,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.314.