PART 30—TOBACCO STOCKS AND STANDARDS Authority: 7 U.S.C. 502. Source: 39 FR 5300, Feb. 12, 1974, unless otherwise noted. Classification of Leaf Tobacco Covering Classes, Types and Groups of Grades § 30.1 Definitions of terms used in classification of leaf tobacco. For the purpose of §§ 30.1 through 30.44 the terms appearing in §§ 30.2 through 30.21 shall be construed as explained therein. § 30.2 Leaf tobacco. Tobacco in the forms in which it appears between the time it is cured and stripped from the stalk, or primed and cured, and the time it enters into the different manufacturing processes. The acts of stemming, sweating or fermenting, and conditioning are not regarded as manufacturing processes. Leaf tobacco does not include any manufactured or semimanufactured tobacco, stems which have been removed from leaves, cuttings, clippings, trimmings, shorts, or dust. § 30.3 Unstemmed. A form of leaf tobacco consisting of a collection of leaves from which the stems or midribs have not been removed, including leaf-scrap. § 30.4 Stemmed. A form of leaf tobacco consisting of a collection of leaves from which the stems or midribs have been removed, including strip scrap. § 30.5 Class. One of the major divisions of leaf tobacco based on the distinct characteristics of the tobacco caused by differences in varieties, soil and climatic conditions, and the methods of cultivation, harvesting, and curing. § 30.6 Type. A subdivision of a class of leaf tobacco, having certain common characteristics which permit of its being divided into a number of related grades. Any tobacco that has the same characteristics and corresponding qualities, colors, and lengths, shall be treated as one type, regardless of any factors of historical or geographical nature which cannot be determined by an examination of the tobacco. § 30.7 Group. A group of grades, or a division of a type covering several closely related grades, based on the general quality of the tobacco, including the percentage of injury, and other factors. The factors that determine the group divisions also largely determine the usage or suitability of tobacco for certain purposes. § 30.8 Scrap. A byproduct from handling leaf tobacco in both the unstemmed and stemmed forms, consisting of loose and tangled portions of tobacco leaves, floor sweepings, and all other tobacco materials (except stems) which accumulate in auction and storage warehouses, packing and conditioning plants, and stemmeries. Scrap which accumulates from handling unstemmed leaf tobacco is known as leaf-scrap, and scrap which accumulates from handling stemmed leaf tobacco is known as strip-scrap. The scrap group, covering both leaf-scrap and strip-scrap is designated by the letter “S”. § 30.9 Nondescript. Any tobacco of a certain type which cannot be placed in other groups of the type, or any nested tobacco, or any muddy or extremely dirty tobacco, or any tobacco containing an unusual quantity of foreign matter, or any crude tobacco, or any tobacco which is damaged to the extent of 20 percent or more, or any tobacco infested with live tobacco beetles or other injurious insects, or any wet tobacco, or any tobacco that contains fat stems or wet butts. The nondescript group is designated by the letter “N”. [39 FR 11893, Apr. 1, 1974] § 30.10 Cure. To dry the sap from newly harvested tobacco by either natural or artificial process. Proper curing is done under such conditions as will permit of the chemical and physiological changes necessary to develop the desired quality of color in tobacco. § 30.11 Flue-cure. To cure tobacco under artificial atmospheric conditions by a process of regulating the heat and ventilation without allowing smoke or fumes from the fuel to come in contact with the tobacco. § 30.12 Fire-cure. To cure tobacco under artificial atmospheric conditions by the use of open fires, the smoke and fumes of which are allowed to come in contact with the tobacco. § 30.13 Air-cure. To cure tobacco under natural atmospheric conditions without the use of fire, except for the purpose of preventing pole burn (house burn) in damp weather. § 30.14 Cigar filler. The tobacco that forms the core or inner part of a cigar. Cigar-filler tobacco is tobacco of the kind and quality commonly used for cigar fillers. Cigar-filler types are those which produce chiefly tobacco suitable for cigar-filler purposes. § 30.15 Cigar binder. A portion of a tobacco leaf rolled around the filler of a cigar to bind or hold it together and form the first covering. Cigar-binder tobacco is tobacco of the kind and quality commonly used for cigar binders. Cigar-binder types are those which produce chiefly tobacco suitable for cigar-binder purposes. § 30.16 Cigar wrapper. A portion of a tobacco leaf forming the outer covering of a cigar. Cigar-wrapper tobacco is tobacco of the kind and quality commonly used for cigar wrappers. Cigar-wrapper types are those which produce chiefly tobacco suitable for cigar-wrapper purposes. § 30.17 Damage. The effect of mold, must, rot, black rot, or other fungous or bacterial diseases which attack tobacco in its cured state. Any tobacco having the odor of mold, must, or rot shall be included in damaged tobacco. (Note distinction between “damage” and “injury.”) § 30.18 Injury. Hurt or impairment from any cause except the fungous or bacterial diseases which attack tobacco in its cured state. Injured tobacco shall include any dead, burnt, or ragged tobacco; or tobacco that has been torn or broken, frozen or frosted, sunburned or scalded, scorched or fire-killed, bulk-burnt or stem-burnt, pole burnt or house burnt, bleached or bruised; or tobacco containing discolored or deformed leaves; or tobacco hurt by insects; or tobacco affected by wild-fire, black fire, rust, frogeye, mosaic, frenching, sanddrown, or other field diseases. § 30.19 Nested. Any lot of tobacco which has been so handled or packed as to conceal damaged, injured, tangled, or inferior tobacco, or foreign matter. § 30.20 Crude. A subdegree of maturity, crude leaves usually have the general appearance of being raw and unfinished as a result of extreme immaturity. Crude tobacco ordinarily has a characteristic green color. § 30.21 Foreign matter. Any substance or material extraneous to tobacco leaves, such as dirt, sand, stalks, suckers, straws, and strings. § 30.31 Classification of leaf tobacco. For the purpose of this classification leaf tobacco shall be divided into the following classes: Class 1. Flue-cured types. Class 2. Fire-cured types. Class 3. 1 Class 4. Cigar-filler types. Class 5. Cigar-binder types. Class 6. Cigar-wrapper types. Class 7. Miscellaneous domestic types. Class 8. Foreign-grown cigar-leaf types. Class 9. Foreign-grown types, other than cigar types. 1 For the purpose of this classification the classes shall be divided into the types and groups set forth in §§ 30.36 through 30.44. § 30.36 Class 1; flue-cured types and groups. All flue-cured tobacco is graded under the same set of Official Standard Grades for Flue-cured Tobacco (U.S. Types 11, 12, 13, and 14). Flue-cured types are defined according to established general geographical areas of production. However, the determination as to type designations are based upon and indicate the geographic location where inspection and certification are performed—and do not necessarily identify the production area in which the tobacco was grown. (a) Type 11a. (b) Type 11b. (c) Type 12. (d) Type 13. (e) Type 14. Groups applicable to types 11, 12, 13, and 14: A—Wrappers. B—Leaf. H—Smoking Leaf. C—Cutters. X—Lugs. P—Primings. N—Nondescript, as defined. S—Scrap, as defined. § 30.37 Class 2; fire-cured types and groups. (a) Type 21. (b) Type 22. (c) Type 23. Groups applicable to types 21, 22, and 23: A—Wrappers. B—Heavy Leaf. C—Thin Leaf. X—Lugs. N—Nondescript, as defined. S—Scrap, as defined. § 30.38 Class 3; air-cured types and groups. (a) Type 31. Groups applicable to type 31: X—Flyings. C—Lugs or Cutters. B—Leaf. T—Tips. M—Mixed. N—Nondescript, as defined. S—Scrap, as defined. (b) Type 31-V. 8/10 (c) Restrictions and controls relating to the production and marketing of Type 31-V tobacco as a prerequisite to the classification and certification of such tobacco Declaration of seed or seedlings. (2) Production under contract. (i) The dealer or manufacturer shall furnish to the grower seed or seedlings declared therefor as provided in paragraph (c)(1) of this section. (ii) The grower shall deliver to the dealer or manufacturer all tobacco produced from such seed or seedlings; (iii) The grower shall produce not in excess of the number of acres of low-nicotine tobacco specified in the contract; (iv) The grower shall establish clear lines of demarcation between the low-nicotine tobacco and any other type of tobacco grown on the farm; and (v) The low-nicotine tobacco shall be housed and handled separately and shall not be commingled with any other type of tobacco: Provided, (3) Filing of copy of contract. (4) Restrictions on sale and marketing. Provided, (5) Nicotine content. 8/10 (6) Furnishing of information. (7) Prohibitions relating to seed and plants. (8) Designation of seed or seedlings declaring agencies. (9) Definitions. (d) Type 32. Groups applicable to type 32: X—Seconds. C—Bright-crop or Thin-crop. B—Dull-crop or Heavy-crop. T—Tips. N—Nondescript, as defined. S—Scrap, as defined. (e) Type 35. (f) Type 36. (g) Type 37. Groups applicable to types 35, 36, and 37: A—Wrappers. B—Heavy Leaf. C—Thin Leaf. T—Tips. X—Lugs. N—Nondescript, as defined. S—Scrap, as defined. § 30.39 Class 4; cigar-filler types and groups. (a) Type 41. Groups applicable to type 41: C—Stripper. X—Straight Stripped. Y—Farm Filler. N—Nondescript, as defined. (b) Type 42. (c) Type 43. (d) Type 44. Groups applicable to types 42, 43, and 44: X—Straight Stripped. N—Nondescript, as defined. (e) Type 46. Groups applicable to type 46: C—Strippers. X—Grinders. N—Nondescript, as defined. S—Scrap, as defined. § 30.40 Class 5; cigar-binder types and groups. (a) Type 51. (b) Type 52. Groups applicable to types 51 and 52: B—Binder. X—Nonbinder. N—Nondescript, as defined. S—Scrap, as defined. (c) Type 53. (d) Type 54. (e) Type 55. Groups applicable to types 53, 54, and 55: B—Binder. C—Stripper. X—Straight Stripped. Y—Farm Filler. N—Nondescript, as defined. S—Scrap, as defined. § 30.41 Class 6; cigar-wrapper types and groups. (a) Type 61. (b) Type 62. Groups applicable to types 61 and 62: A—Wrappers. S—Stained. X—Brokes. N—Nondescript, as defined. § 30.42 Class 7; miscellaneous domestic types. No group divisions are established for any of the types in Class 7. Notwithstanding the definitions of “Class,” “Type,” “Type 11,” “Type 12,” “Type 13,” and “Type 14,” any tobacco having the general visual characteristics of quality, color and length of the types and groups contained in Class 1, flue-cured tobacco, but which is a strain or variety found in its cured state by an authorized representative of the Department to have a nicotine content of not more than eight-tenths of one per cent ( 8/10 Provided, (a) Type 72. (b) Type 73. 8/10 § 30.43 Class 8; Foreign-grown cigar-leaf types. No group divisions are established for any of the types in Class 8. Type designations for Class 8 tobacco are based on the utilization of the leaf in the manufacture of cigars with no reference to physical characteristics. For tobacco stocks reporting purposes Foreign-grown cigar leaf shall be designated as follows: (a) Type 81. (b) Type 82. (c) Type 83. (d) Type 89. [56 FR 25613, June 5, 1991] § 30.44 Class 9; foreign-grown types other than cigar leaf. No group divisions are established for any of the types in Class 9. Type designations for class 9 are based on (a) utilization, (b) curing method, or both, with no reference to physical characteristics. For tobacco stocks reporting purposes, all foreign-grown tobacco other than cigar leaf shall be designated as follows: (a) Type 91. (b) Type 92. (c) Type 93. (d) Type 95. (e) Type 96. (f) Type 99. [39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991] Reports § 30.60 Reports. Within fifteen (15) days after January 1, April 1, July 1, and October 1 of each year, all manufacturers, dealers, grower cooperative associations, owners or agents, other than the original grower of the tobacco and manufacturers who produced less than 185,000 cigars, or 750,000 cigarettes or 35,000 pounds of manufactured tobacco during the first three quarters of the preceding calendar year, shall complete and mail to the Director, Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, DC 20250, in the detail required on forms available from him, reports showing the following information as to leaf tobacco in leaf and sheet form: (a) Tobacco in leaf form. (b) Tobacco in sheet form. [39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991] Administration § 30.61 Administration. The Director, Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, DC 20250, is charged with the supervision of the Division and the performance of all duties assigned thereto in the administration of the Tobacco Stocks and Standards Act. The conduct of all services, classification of leaf tobacco, or employment of inspection/grading/sampling personnel under these regulations shall be accomplished without discrimination as to race, color, religion, sex, or national origin. Information concerning such administration may be obtained from the Director.