7 CFR Part 800 — General Regulations

PART 800—GENERAL REGULATIONS Authority: 7 U.S.C. 71-87k. Source: 45 FR 15810, Mar. 11, 1980, unless otherwise noted. Definitions § 800.0 Meaning of terms. (a) Construction. (b) Definitions. Act. et seq. Additives. Administrator. Agency. Appeal inspection service. Applicant. Approved scale testing organization. Approved weigher. Approved weighing equipment. Approved weighing facility. Assigned area of responsibility. Average grade. Board appeal inspection service. Board of Appeals and Review. Business day. Cargo shipment. Carrier. Chapter. Circuit. Class X or Class Y weighing equipment testing. Combined lot. Compliance. Composite grade. Container. Contract grade. Contract service. Contractor. Date of official inspection service or Class X or Class Y weighing services. Deceptive loading, handling, weighing, or sampling. Delegated State. Department of Agriculture and Department. Designated agency. Door-probe sample. Elevator. Elevator areas and facilities. Emergency. Employed. Exporter. Export elevator. Export grain. Export port location. False, incorrect, and misleading. 2 1 2 Federal Register. et seq. Field Office. Field Office administrative costs. Grain. Handling. High quality specialty grain. Holiday. “IN” movement. Instructions. Interested person. Interstate or foreign commerce. Licensee. Loading. ( “LOCAL” movement. Lot. Material error. Material portion. Merchandiser. Monitoring. National program administrative costs. Nonregular workday. Official agency. Official certificate. Official criteria. Official factor. Official forms. Official grade designation. Official inspection. Official inspection equipment testing. Official inspection technician. Official inspector. Official marks. Official personnel. Official sample. Official sampler. Official stowage examination. Official tolerance. Official U.S. Standards for Grain. Official weigher. Official weighing. Official weighing technician. Official weight sample. Operating expenses. Operating reserve. Original inspection. “Out” movement. Person. Quantity. Reasonably continuous operation. Regular workday. Regulations. Reinspection service. Respondent. Review of weighing service. Secretary. Service. Service representative. Shallow-probe sample. Ship. Shiplot grain. Shipper's Export Declaration. Specified service point. Standardization. State. Submitted sample. Supervision. Supervision of weighing United States. Use of official inspection service. Uniform in quality. Warehouseman's sampler. [45 FR 15810, Mar. 11, 1980, as amended at 49 FR 36068, Sept. 14, 1984; 49 FR 37055, Sept. 21, 1984; 49 FR 49586, Dec. 21, 1984; 52 FR 6495, Mar. 4, 1987; 55 FR 24041, June 13, 1990; 57 FR 3273, Jan. 29, 1992; 60 FR 5835, Jan. 31, 1995; 70 FR 21923, Apr. 28, 2005; 70 FR 73558, Dec. 13, 2005; 75 FR 41695, July 19, 2010; 76 FR 45399, July 29, 2011; 78 FR 43755, July 22, 2013; 81 FR 49859, July 29, 2016; 90 FR 533, Jan. 6, 2025] Administration § 800.1 Mission. 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. [54 FR 9197, Mar. 6, 1989] § 800.2 Administrator. The Administrator is delegated, from the Secretary, responsibility for administration of the United States Grain Standards Act and responsibilities under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq. [60 FR 5835, Jan. 31, 1995] § 800.3 Nondiscrimination—policy and provisions. 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 et seq. § 800.4 Procedures for establishing regulations, official standards, and official criteria. 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, et seq. § 800.5 Complaints and reports of alleged violations. (a) General. (b) Reinspection, review of weighing, and appeal services. (c) Foreign buyer complaints. [45 FR 15810, Mar. 11, 1980, as amended at 54 FR 5924, Feb. 7, 1989] § 800.6 Provisions for hearings. 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 the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary under Various Statutes (7 CFR, part 1, subpart H). § 800.7 Information about the Service, Act, and regulations. Information about the Agricultural Marketing Service, 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 Service at its headquarters or any one of its field offices at the numbers and addresses listed on the Service's website. [84 FR 45646, Aug. 30, 2019] § 800.8 Public information. (a) General. (b) Public inspection and copying. (c) Indexes. (d) Requests for records. (e) Appeals. (Secs. 5, 18, Pub. L. 94-582, 90 Stat. 2869, 2884; (7 U.S.C. 76, 87e)) [48 FR 57467, Dec. 30, 1983, as amended at 54 FR 5924, Feb. 7, 1989; 60 FR 5836, Jan. 31, 1995; 84 FR 45646, Aug. 30, 2019] Official Inspection and Class X or Class Y Weighing Requirements § 800.15 Services. (a) General. (b) Responsibilities for complying with the official inspection, aflatoxin testing, and weighing requirements Export grain. (2) Grain in marked containers. (3) Grain for which representations have been made. [50 FR 49668, Dec. 4, 1985, as amended at 57 FR 2439, Jan. 22, 1992; 81 FR 49860, July 29, 2016] § 800.16 Certification requirements for export grain. (a) General. (b) Promptly furnished. [50 FR 49668, Dec. 4, 1985, as amended at 57 FR 2439, Jan. 22, 1992] § 800.17 Special inspection and weighing requirements for sacked export grain. (a) General. (b) Services at time of loading. (c) Services prior to loading. [50 FR 49668, Dec. 4, 1985] § 800.18 Waivers of the official inspection and Class X weighing requirements. (a) General. (b) Waivers 15,000 metric-ton waiver. (2) Grain exported for seeding purposes. (3) Grain shipped in bond. (4) Grain exported by rail or truck to Canada or Mexico. (5) Grain not sold by grade. (6) Service not available. (7) Emergency waiver. (ii) To qualify for an emergency waiver, the exporter or elevator operator must submit a timely written request to the Service for the emergency waiver and also comply with all conditions that the Service may require. (8) High quality specialty grain shipped in containers. (Approved by the Office of Management and Budget under control number 0580-0011) [50 FR 49669, Dec. 4, 1985, as amended at 70 FR 21923, Apr. 28, 2005; 70 FR 73559, Dec. 13, 2005; 75 FR 41695, July 19, 2010; 76 FR 45399, July 29, 2011; 81 FR 49860, July 29, 2016] Recordkeeping and Access to Facilities § 800.25 Required elevator and merchandising records. (a) Elevator and merchandiser recordkeeping. (b) Retention period. (Approved by the Office of Management and Budget under control number 0580-0011) [51 FR 1768, Jan. 15, 1986] § 800.26 Access to records and facilities. (a) Inspection of records and facilities. (b) Disclosure of business information. [51 FR 1768, Jan. 15, 1986] Registration § 800.30 Foreign commerce grain business. “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 transports grain which the producer has purchased; (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. [48 FR 44455, Sept. 29, 1983] § 800.31 Who must register. 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. (Approved by the Office of Management and Budget under control number 0580-0012) [48 FR 44453 and 44455, Sept. 29, 1983, as amended at 54 FR 5924, Feb. 7, 1989] § 800.32 When to register. 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. (Approved by the Office of Management and Budget under control number 0580-0012) [48 FR 44453 and 44455, Sept. 29, 1983, as amended at 54 FR 5924, Feb. 7, 1989] § 800.33 How to register. 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. (Approved by the Office of Management and Budget under control number 0580-0012) [48 FR 44453 and 44456, Sept. 29, 1983, as amended at 54 FR 5924, Feb. 7, 1989] § 800.34 Registration fee. 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. [48 FR 44456, Sept. 29, 1983, as amended at 89 FR 48265, June 6, 2024; 90 FR 534, Jan. 6, 2025] § 800.35 Review of applications. (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. [48 FR 44456, Sept. 29, 1983] § 800.36 Certificates of registration. 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 copy of a certificate of registration requested by a registrant. [48 FR 44456, Sept. 29, 1983, as amended at 89 FR 48265, June 6, 2024; 90 FR 534, Jan. 6, 2025] § 800.37 Notice of change in information. 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. (Approved by the Office of Management and Budget under control number 0580-0012) [48 FR 44453 and 44456, Sept. 29, 1983, as amended at 54 FR 5924, Feb. 7, 1989] § 800.38 Termination and renewal of registration. 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. [48 FR 44456, Sept. 29, 1983] § 800.39 Suspension or revocation of registration for cause. (a) General. (b) Procedure. [48 FR 44456, Sept. 29, 1983] Conditions For Obtaining Or Withholding Official Services § 800.45 Availability of official services. (a) Original inspection and weighing services. (b) Reinspection, review of weighing, and appeal inspection services. (c) Proof of authorization. (Approved by the Office of Management and Budget under control number 0580-0012) (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) [49 FR 30913, Aug. 2, 1984, as amended at 50 FR 45392, Oct. 31, 1985; 54 FR 5924, Feb. 7, 1989] § 800.46 Requirements for obtaining official services. (a) Consent and agreement by applicant. (b) General requirements Access to grain. (2) Working space. (3) Notice of changes. (4) Loading and unloading conditions. (5) Timely arrangements. (6) Observation of activities. (7) Payment of bills. (8) Written confirmations. (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. (9) Names and addresses of interested persons. (10) Surrender of superseded certificates. (11) Recordkeeping and access. (12) Monitoring equipment. (c) Special requirements for official Class X and Class Y weighing services General. (2) Conditions. (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. If a facility has, or plans to have, an automated data processing system which is used in conjunction with any portion of the scale system, grain handling system, or the preparing or printing of official weight certificates, the facility shall make available to the Service sufficient documentation to ensure that the system cannot be used deceptively or otherwise provide inaccurate information. The Service or approved scale testing and certification organization shall conduct an onsite review to evaluate the performance and accuracy of each scale that will be used for weighing grain under the Act, and the performance of the grain loading, unloading, and related grain handling equipment and systems. (3) Duties and responsibilities of weighing facilities requesting official services Providing official services. (ii) Supervision. (iii) Facilities and equipment General. (B) Malfunction of scales. (iv) Oral directives. (Approved by the Office of Management and Budget under control number 0580-0012) (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) [49 FR 30915, Aug. 2, 1984, as amended at 49 FR 49587, Dec. 21, 1984; 50 FR 45392, Oct. 31, 1985; 54 FR 5924, Feb. 7, 1989] § 800.47 Withdrawal of request for official services. 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. (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) [49 FR 30915, Aug. 2, 1984] § 800.48 Dismissal of request for official services. (a) Conditions for dismissal General. (2) Original services. (3) Reinspection, appeal inspection, or Board appeal inspection services. (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. (4) Review of weighing services. (b) Procedure for dismissal. (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) [49 FR 30915, Aug. 2, 1984, as amended at 50 FR 45392, Oct. 31, 1985] § 800.49 Conditional withholding of official services. (a) Conditional withholding. (b) Procedure and withholding. (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) [49 FR 30915, Aug. 2, 1984] § 800.50 Refusal of official services and civil penalties. (a) Grounds for refusal. (b) Provision and procedure for summary refusal. Provided that (c) Procedure for other than summary refusal. et seq. (d) Assessment of civil penalties. (e) Provisions for civil penalty hearings. (f) Collection of civil penalties. [45 FR 15810, Mar. 11, 1980, as amended at 51 FR 12830, Apr. 16, 1986, 75 FR 17560, Apr. 7, 2010]] § 800.51 Expenses of agency, field office, or Board of Appeals and Review. For any request that has been dismissed or withdrawn under § 800.47, § 800.48, or § 800.49, respectively, each applicant shall pay expenses incurred by the agency or the Service. (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) [49 FR 30915, Aug. 2, 1984] § 800.52 Official services not to be denied. 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. Descriptions § 800.55 Descriptions by grade. (a) General. (b) Proprietary brand names or trademarks. (c) Use of one or more factor designations. (d) False or misleading descriptions. [50 FR 9982, Mar. 13, 1985] § 800.56 Requirements on descriptions. 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 et seq. [50 FR 9982, Mar. 13, 1985] Grain Handling Practices § 800.60 Deceptive actions and practices. 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. (Approved by the Office of Management and Budget under control number 0580-0011) [48 FR 17330, Apr. 22, 1983, as amended at 48 FR 44453, Sept. 29, 1983; 54 FR 5924, Feb. 7, 1989] § 800.61 Prohibited grain handling practices. (a) Definitions. (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. (b) Prohibited practices. (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. (c) Exemption. (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. (d) Exceptions. (1) Blending. (2) Insect and fungi control. (3) Marketing dockage and foreign material. (4) Dust suppressants. (5) Identification. (6) Export loading facilities. (Approved by the Office of Management and Budget under control number 0580-0011) [52 FR 24437, June 30, 1987, as amended at 59 FR 52077, Oct. 14, 1994] Fees § 800.70 Fees for official services performed by agencies. (a) Assessment and use of fees. (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. (b) Approval required Restriction. (2) Exceptions. (c) Reasonable fees. (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. (d) Nondiscriminatory fees. (e) Schedule of fees to be established. (2) The schedule shall be published and made available by the agency to all users of its services. (f) Request for approval of fees Time requirement. (2) Contents of request. (g) Review of request Approval action. (2) Denial action. (Approved by the Office of Management and Budget under control numbers 0580-0003 and 0580-0012) [45 FR 15810, Mar. 11, 1980; 45 FR 55119, Aug. 18, 1980, as amended at 48 FR 44453, Sept. 29, 1983; 50 FR 30131, July 24, 1985] § 800.71 Fees assessed by the Service. (a) Official inspection and weighing services. (1) Direct Service—Fees for official inspection and weighing services performed by the Service in the United States and Canada. Federal Register (2) Supervision—Fees for supervision of official inspection and weighing services performed by delegated States and designated agencies in the United States. Federal Register (b) Annual review of tonnage fees. (1) Tonnage fees. (i) National tonnage fee. (ii) Local tonnage fee. (2) [Reserved] (c) Annual review of hourly and unit fees. (1) Regular rate. (2) Overtime rate. (3) Holiday rate. (4) Benefits rate, operating rate, and allowance for bad debt rate. (i) Benefits rate. (ii) Operating rate. (iii) Allowance for bad debt rate. (5) Cost of living and inflation factors. (6) Operating reserve adjustment. (d) Annual review of Supervision fees. (1) Supervision tonnage fee. (2) Operating reserve adjustment. (e) Periodic review. (f) Miscellaneous fees for other services. Federal Register (1) Registration certificates and renewals. Federal Register (2) Designation amendments. Federal Register [90 FR 534, Jan. 6, 2025] § 800.72 Explanation of additional service fees for services performed in the United States only. (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(a)(1) 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. [61 FR 43305, Aug. 22, 1996, as amended at 81 FR 49862, July 29, 2016; 90 FR 535, Jan. 6, 2025] § 800.73 Computation and payment of service fees; general fee information. (a) Computing hourly rates. (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. (b) Application of fees when service is delayed or dismissed by the applicant. (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. (c) Application of fees when an application for service is withdrawn or dismissed. (d) To whom fees are assessed. (e) Advance payment. (f) Form of payment. [61 FR 43305, Aug. 22, 1996, as amended at 69 FR 26490, May 13, 2004; 89 FR 48265, June 6, 2024; 90 FR 535, Jan. 6, 2025] Kinds of Official Services § 800.75 Kinds of official inspection and weighing services. (a) General. (b) Official sample-lot inspection service. (c) Warehouseman's sample-lot inspection service. (d) Submitted sample inspection service. (e) Official sampling service. (f) Official stowage examination service. (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. (g) Class X weighing service. (h) Class Y weighing service. (i) Checkweighing service (sacked grain). (j) Checkloading service. (k) Test weight reverification service. (l) Railroad track scale testing service. (m) Hopper and truck scale testing service. (The information collection requirements contained in this section were approved by the Office of Management and Budget under control number 0580-0011) [50 FR 45392, Oct. 31, 1985] § 800.76 Prohibited services; restricted services. (a) Prohibited services. (b) Restricted services Not standardized grain. (2) Grain screening. [50 FR 45393, Oct. 31, 1985, as amended at 60 FR 65235, Dec. 19, 1995; 63 FR 45677, Aug. 27, 1998] Inspection Methods and Procedures § 800.80 Methods and order of performing official inspection services. (a) Methods General. (2) Lot inspection services. (3) Stowage examination service. (4) Submitted sample inspection service. (5) Reinspection and appeal inspection service. (b) Order of service. (c) Recording receipt of documents. (d) Conflicts of interest. [50 FR 49669, Dec. 4, 1985] § 800.81 Sample requirements; general. (a) Samples for official sample-lot inspection service Original official sample-lot inspection service. (2) Official sample-lot reinspection and appeal inspection service. (3) New sample. (b) Representative sample. (c) Protecting samples. (d) Restriction on sampling. (e) Disposition of samples Excess grain. (2) Inspection samples. (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. (Approved by the Office of Management and Budget under control number 0580-0013) [50 FR 49669, Dec. 4, 1985, as amended at 68 FR 19138, Apr. 18, 2003] § 800.82 Sampling provisions by level of service. (a) Original inspection service Official sample-lot inspection service. (2) Warehouseman's sample-lot inspection. (3) Submitted sample service. (b) Reinspection, and appeal inspection services Official sample-lot inspection service. (2) Warehouseman's sample-lot inspection service. (3) Submitted sample service. (c) Board appeal inspection services. (d) Use of file samples Requirements for use. (2) Certificate statement. [50 FR 49670, Dec. 4, 1985] § 800.83 Sampling provisions by kind of movement. (a) Export cargo movements Bulk grain. (2) Sacked grain. (b) Other movements. [50 FR 49670, Dec. 4, 1985] § 800.84 Inspection of grain in land carriers, containers, and barges in single lots. (a) General. (b) Single and multiple grade procedure Single grade. (i) Composite grade. provided that (ii) Average grade. provided that: (2) Multiple grade. (3) Infested. (c) One certificate per carrier: exceptions. (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. (d) Bulkhead lots. (e) Bottom not sampled. (f) Partial inspection—heavily loaded General. (2) Certification procedure. (3) Reinspection and appeal inspection procedure. (4) Restriction. (g) Part lots General. (2) Grain remaining in carrier or container. (3) Grain unloaded from carrier or container. (h) Identification for compartmented cars. [50 FR 49671, Dec. 4, 1985, as amended at 57 FR 11428, Apr. 3, 1992; 78 FR 43756, July 22, 2013] § 800.85 Inspection of grain in combined lots. (a) General. (b) Application procedure (i) Be filed in accordance with § 800.116; (ii) Show the estimated quantity of grain that is to be certified as one lot; (iii) Show the contract grade, and if applicable; other inspection criteria required by the contract; and (iv) Identify each carrier into which grain is being loaded or from which grain is being unloaded. (2) Recertification. (c) Inspection procedure; general—land carriers and barges Inspection during loading, or unloading, or at rest. (2) Recertification. (i) The grain in each lot was sampled in a reasonably continuous operation; (ii) The original inspection certificates issued for the single, composite, or average quality lots have been surrendered to official personnel; (iii) Representative file samples of the single, composite, or average quality lots are available; (iv) The grain in the single, composite, or average quality lots is of the same grade or better grade and quality than as specified in the written instructions provided by the shipper; (v) Official personnel who performed the inspection service for the single, composite, or average quality lots and the official personnel who are to recertify the grain as a combined lot must determine that the samples used as a basis for the inspection of the grain in the single, composite, or average quality lots were representative at the time of sampling and have not changed in quality or condition; and (vi) The quality or condition of the grain meets uniformity requirements established by the Service for official inspection of grain in combined lots. (d) Weighted or mathematical average. (e) Infested grain. (f) Grain uniform in quality. (g) Grain not uniform in quality. (h) Special certification procedures Grain not uniform in quality. (2) Partial inspection. (3) Official mark. (4) Combined-lot certification; general. (5) Recertification. (i) The date of inspection of the grain in the combined lot (if the single, composite, or average quality lots were inspected on different dates, the latest of the dates must be shown); (ii) A serial number other than the serial numbers of the official inspection certificates that are to be superseded; (iii) The location of the grain, if at rest, or the name(s) of the elevator(s) from which or into which the grain in the combined lot was loaded or unloaded; (iv) A statement showing the approximate quantity of grain in the combined lot; (v) A completed statement showing the identification of any superseded certificates; and (vi) If at the time of issuing the combined-lot inspection certificate the superseded certificates are not in the custody of the official personnel, a statement indicating that the superseded certificates have not been surrendered must be clearly shown in the space provided for remarks. If the superseded certificates are in the custody of official personnel, the superseded certificates must be clearly marked “Void.” (i) Further combining. (j) Limitation. [50 FR 49672, Dec. 4, 1985, as amended at 78 FR 43756, July 22, 2013] § 800.86 Inspection of shiplot, unit train, and lash barge grain in single lots. (a) General. (b) Application procedure. (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. (c) Inspection procedures General information. (2) Tolerances. Table 1—Grade Limits (GL) and Breakpoints (BP) for Six-Rowed Malting Barley Grade Minimum limits of— Maximum limits of— Test weight per bushel Suitable Sound barley 1 Damaged 1 Wild oats Foreign Other grains Skinned and broken kernels Thin barley GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 47.0 −0.5 97.0 −1.0 98.0 −0.8 2.0 0.8 1.0 0.6 0.5 0.1 2.0 0.8 4.0 1.1 7.0 0.6 U.S. No. 2 45.0 −0.5 97.0 −1.0 98.0 −0.8 3.0 0.9 1.0 0.6 1.0 0.4 3.0 0.9 6.0 1.4 10.0 0.9 U.S. No. 3 43.0 −0.5 95.0 −1.3 96.0 −1.1 4.0 1.1 2.0 0.8 2.0 0.5 5.0 1.3 8.0 1.5 15.0 0.9 U.S. No. 4 43.0 −0.5 95.0 −1.3 93.0 −1.1 5.0 1.3 3.0 0.9 3.0 0.6 5.0 1.3 10.0 1.6 15.0 0.9 1 Table 2—Grade Limits (GL) and Breakpoints (BP) for Two-Rowed Malting Barley Grade Minimum limits of— Maximum limits of— Test weight per bushel Suitable Sound barley 1 Damaged 1 Wild oats Foreign Other grains Skinned and broken kernels Thin barley GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 50.0 −0.5 97.0 −1.0 98.0 −0.8 2.0 0.8 1.0 0.6 0.5 0.1 2.0 0.8 4.0 1.1 5.0 0.4 U.S. No. 2 48.0 −0.5 97.0 −1.0 98.0 −0.8 3.0 0.9 1.0 0.6 1.0 0.4 3.0 0.9 6.0 1.4 7.0 0.5 U.S. No. 3 48.0 −0.5 95.0 −1.3 96.0 −1.1 4.0 1.1 2.0 0.8 2.0 0.5 5.0 1.3 8.0 1.5 10.0 0.9 U.S. No. 4 48.0 −0.5 95.0 −1.3 93.0 −1.1 5.0 1.3 3.0 0.9 3.0 0.6 5.0 1.3 10.0 1.6 10.0 0.9 1 Note: Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six- and two-rowed barley varieties not meeting the above requirements must be graded in accordance with standards established for the class Barley. Table 3—Grade Limits (GL) and Breakpoints (BP) for Barley Grade Minimum limits of— Maximum limits of— Test weight per bushel (pounds) Sound barley (percent) Damaged kernels 1 Heat damaged kernels (percent) Foreign material (percent) Broken kernels (percent) Thin barley (percent) GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 47.0 −0.5 97.0 −1.1 2.0 0.8 0.2 0.1 1.0 0.4 4.0 1.0 10.0 0.9 U.S. No. 2 45.0 −0.5 94.0 −1.4 4.0 1.0 0.3 0.1 2.0 0.4 8.0 1.5 15.0 0.9 U.S. No. 3 43.0 −0.5 90.0 −1.6 6.0 1.4 0.5 0.2 3.0 0.5 12.0 1.8 25.0 1.3 U.S. No. 4 40.0 −0.5 85.0 −2.2 8.0 1.5 1.0 0.5 4.0 0.5 18.0 1.8 35.0 1.9 U.S. No. 5 36.0 −0.5 75.0 −2.2 10.0 1.8 3.0 0.6 5.0 0.6 28.0 2.4 75.0 2.3 1 Table 4—Breakpoints for Barley Special Grades and Factors Special grade or factor Grade or range limit Breakpoint Dockage As specified by contract or load order 0.23 Two-rowed Barley Not more than 10.0% of Six-rowed in Two-rowed 1.8 Six-rowed Barley Not more than 10.0% of Two-rowed in Six-rowed 1.8 Malting (Blue Aleurone Layers) Not less than 90.0% −1.3 Malting (White Aleurone Layers) Not less than 90.0% −1.3 Smutty More than 0.20% 0.06 Garlicky 3 or more in 500 grams 2 1 3 Ergoty More than 0.10% 0.13 Infested Same as in § 810.107 0 Blighted More than 4.0% 1.1 Injured-by-Frost Kernels Not more than 1.9% 0.1 Injured-by-Heat Kernels Not more than 0.2% 0.04 Frost-damaged Kernels Not more than 0.4% 0.05 Heat-damaged Kernels Not more than 0.1% 0.1 Other Grains Not more than 25.0% 2.4 Moisture As specified by contract or load order grade 0.5 Table 5—Grade Limits (GL) and Breakpoints (BP) for Corn Grade Minimum test weight per bushel (pounds) Maximum limits of— Damaged kernels Heat-damaged kernels (percent) Total (percent) Broken corn and foreign material (percent) GL BP GL BP GL BP GL BP U.S. No. 1 56.0 −0.4 0.1 0.1 3.0 1.0 2.0 0.2 U.S. No. 2 54.0 −0.4 0.2 0.2 5.0 1.3 3.0 0.3 U.S. No. 3 52.0 −0.4 0.5 0.3 7.0 1.5 4.0 0.3 U.S. No. 4 49.0 −0.4 1.0 0.5 10.0 1.8 5.0 0.4 U.S. No. 5 46.0 −0.4 3.0 0.9 15.0 2.1 7.0 0.4 Table 6—Breakpoints for Corn Special Grades and Factors Special grade or factor Grade limit Breakpoint Flint 95 percent or more of flint corn −1.0 Flint and Dent More than 5 percent, but less than 95 percent of flint corn 1.0 or −1.0 Infested Same as in § 810.107 0 Corn of other colors: White Not more than 2.0 percent 0.8 Yellow Not more than 5.0 percent 1.0 Waxy 95 percent or more −3.0 High BCFM As specified by contract or load order grade 10 percent of the load order grade Moisture As specified by contract or load order grade 0.4 Table 7—Grade limits (GL) and Breakpoints (BP) for Flaxseed Grade Minimum test weight per bushel (pounds) Maximum limits of-damaged kernels Heat-damaged kernels (percent) Total (percent) GL BP GL BP GL BP U.S. No. 1 49.0 -0.1 0.2 0.1 10.0 0.9 U.S. No. 2 47.0 -0.1 0.5 0.1 15.0 1.1 Table 8—Breakpoints for Flaxseed Special Grades and Factors Special grade or factor Grade limit Breakpoint Moisture As specified by load order or contract grade 0.4 Dockage 0.99 percent or above 0.32 Table 9—Grade Limits (GL) and Breakpoints (BP) for Mixed Grain Grade Maximum Limits of— Moisture (percent) Damaged kernels Total (percent) Heat-damaged kernels (percent) GL BP GL BP U.S. Mixed Grain 16.0 15.0 0.6 3.0 0.4 Note: Table 10—Breakpoints for Mixed Grain Special Grades and Factors Special grade or factor Grade limit Breakpoint Smutty 15 or more in 250 grams (wheat, rye, or triticale predominates) 6 More than 0.2% (all other mixtures) 0.05 Ergoty More than 0.30% (rye wheat predominates) 0.13 More than 0.10% (all other mixtures) 0 Garlicky 2 or more per 1,000 grams (wheat, rye, or triticale predominates) 1 4 or more per 500 grams (all other mixtures) 2 Infested Same as in § 810.107 0 Blighted More than 4.0% (barley predominates) 1.1 Treated Same as in § 810.805 0 Moisture As specified by contract or load order grade 0.5 Table 11—Grade Limits (GL) and Breakpoints (BP) for Oats Grade Minimum limits of— Maximum limits of— Test weight per bushel (pounds) Sound Oats (percent) Heat-damaged kernels (percent) Foreign material (percent) Wild Oats (percent) GL BP GL BP GL BP GL BP GL BP U.S. No. 1 36.0 −0.5 97.0 −0.8 0.1 0.1 2.0 0.4 2.0 0.6 U.S. No. 2 33.0 −0.5 94.0 −1.2 0.3 0.4 3.0 0.4 3.0 0.8 U.S. No. 3 1 30.0 −0.5 90.0 −1.4 1.0 0.5 4.0 0.5 5.0 1.1 U.S. No. 4 2 27.0 −0.5 80.0 −1.9 3.0 0.8 5.0 0.5 10.0 1.4 1 2 Table 12—Breakpoints for Oats Special Grades and Factors Special grade or factors Grade limit Breakpoint Heavy 38 pounds or more −0.5 Extra Heavy 40 pounds or more −0.5 Moisture As specified by contract or load order grade 0.5 Thin More than 20.0% 0.5 Smutty More than 0.2% 0.05 Ergoty More than 0.10% 0.10 Garlicky 4 or more in 500 grams 2 1 3 Infested Same as in § 810.107 0 Bleached Same as in § 810.1005 0 Table 13—Grade Limits (GL) and Breakpoints (BP) for Rye Grade Minimum test weight per bushel (pounds) Maximum limits of— Foreign Material Damaged kernels(percent) Thin rye (percent) Foreign matter other than wheat (percent) Total (percent) Heat-damaged (percent) Total (percent) GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 56.0 −0.5 1.0 0.4 3.0 0.8 0.2 0.1 2.0 0.8 10.0 0.6 U.S. No. 2 54.0 −0.5 2.0 0.5 6.0 1.1 0.2 0.1 4.0 1.1 15.0 0.8 U.S. No. 3 52.0 −0.5 4.0 0.8 10.0 1.4 0.5 0.4 7.0 1.4 25.0 0.9 U.S. No. 4 49.0 −0.5 6.0 0.8 10.0 1.4 3.0 0.8 15.0 2.0 Table 14—Breakpoints for Rye Special Grades and Factors Special grade or factor Grade limit Breakpoint Moisture As specified by contract or load order grade 0.3 Light Garlicky 2 or more per 1,000 grams 1 1 3 Garlicky More than 6 per 1,000 grams 7 1 3 Ergoty More than 0.30% 0.10 Plump Not more than 5.0% through 0.064 × 3/8 sieve 0.5 Light Smutty More than 14 per 250 grams 6 Smutty More than 30 per 250 grams 10 Infested Same as in § 810.107 0 Dockage As specified by contract or load order grade 0.2 Table 15—Grade Limits (GL) and Breakpoints (BP) for Sorghum Grade Minimum test weight per bushel Maximum limits of— Damaged kernels Broken kernels and foreign material Heat-damaged Total Total Foreign GL BP GL BP GL BP GL BP GL BP U.S. No. 1 57.0 −0.4 0.2 0.1 2.0 1.1 3.0 0.5 1.0 0.4 U.S. No. 2 55.0 −0.4 0.5 −0.4 5.0 1.8 6.0 0.6 2.0 0.5 U.S. No. 3 1 53.0 −0.4 1.0 0.5 10.0 2.3 8.0 0.7 3.0 0.6 U.S. No. 4 51.0 −0.4 3.0 0.8 15.0 2.8 10.0 0.8 4.0 0.7 1 Table 16—Breakpoints for Sorghum Special Grades and Factors Special grade or factors Grade limit Breakpoint Class Tannin Not less than 90.0% −1.9 Sorghum Not less than 97.0% −1.0 White Not less than 98.0% −0.9 Smutty 20 or more in 100 grams 8 Infested Same as in § 810.107 0 Dockage 0.99% and above 0.32 Moisture As specified by contract or load order grade 0.5 Table 17 to Paragraph (c)(2) Grade Maximum limits of— Damaged kernels Heat-damaged Total Foreign Material Splits GL BP GL BP GL BP GL BP U.S. No. 1 0.2 0.2 2.0 0.8 1.0 0.2 10.0 1.6 U.S. No. 2 0.5 0.3 3.0 0.9 2.0 0.3 20.0 2.2 U.S. No. 3 1 1.0 0.5 5.0 1.2 3.0 0.4 30.0 2.5 U.S. No. 4 2 3.0 0.9 8.0 1.5 5.0 0.5 40.0 2.7 1 2 Table 18—Breakpoints for Soybean Special Grades and Factors Special grade or factor Grade limit Breakpoint Garlicky 5 or more per 1,000 grams 2 Infested Same as in § 810.107 0 Soybeans of other colors Not more than 10.0% 2.3 Moisture As specified by contract or load order grade 0.3 Test Weight As specified by contract or load order −0.4 Table 20—Breakpoints for Sunflower Seed Special Grades and Factors Special grade or factor Grade limit Breakpoint Moisture As specified by contract or load order grade 0.5 Foreign Material 1.25% and less 0.27 1.26% and above 0.39 Admixture As specified by contract or load order grade 0.6 Table 21—Grade Limits (GL) and Breakpoints (BP) for Triticale Grade Minimum test weight per bushel (percent) Maximum limits of— Damaged kernels Foreign material Shrunken and broken kernels (percent) Defects 3 Heat-damaged (percent) Total 1 Material other than wheat or rye (percent) Total 2 GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 48.0 -0.5 0.2 0.1 2.0 0.8 1.0 0.4 2.0 0.6 5.0 0.8 5.0 1.3 U.S. No. 2 45.0 -0.5 0.2 0.1 4.0 1.1 2.0 0.5 4.0 0.9 8.0 0.8 8.0 1.3 U.S. No. 3 43.0 -0.5 0.5 0.4 8.0 1.5 3.0 0.6 7.0 1.2 12.0 1.6 12.0 2.3 U.S. No. 4 41.0 -0.5 3.0 0.8 15.0 2.0 4.0 0.8 10.0 1.4 20.0 2.3 20.0 2.3 1 2 3 Table 22—Breakpoints for Triticale Special Grades and Factors Special grade or factor Grade limit Breakpoint Garlicky 2 or more per 1,000 grams 1 1 3 Ergoty More than 0.10% 0.1 Smutty More than 14 per 250 grams 6 Infested Same as in § 810.107 0 Dockage 0.99% or above 0.32 Moisture As specified by contract or load order grade 0.5 Table 23—Grade Limits (GL) and Breakpoints (BP) for Wheat Grade Minimum limits of— Maximum limits of— Test weight per bushel Damaged kernels Foreign material (percent) Shrunken and broken kernels (percent) Defects 3 Wheat of other classes 4 Hard red spring wheat or white club wheat 1 All other classes and subclasses (pounds) Heat-damaged kernels (percent) Total 2 Contrasting classes (percent) Total 5 GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 58.0 −0.3 60.0 −0.3 0.2 0.2 2.0 1.0 0.4 0.2 3.0 0.3 3.0 0.7 1.0 0.7 3.0 1.6 U.S. No. 2 57.0 −0.3 58.0 −0.3 0.2 0.2 4.0 1.5 0.7 0.3 5.0 0.4 5.0 0.9 2.0 1.0 5.0 2.1 U.S. No. 3 55.0 −0.3 56.0 −0.3 0.5 0.3 7.0 1.9 1.3 0.4 8.0 0.5 8.0 1.2 3.0 1.3 10.0 2.9 U.S. No. 4 53.0 −0.3 54.0 −0.3 1.0 0.4 10.0 2.3 3.0 0.6 12.0 0.6 12.0 1.4 10.0 2.3 10.0 2.9 U.S. No. 5 50.0 −0.3 51.0 −0.3 3.0 0.7 15.0 2.7 5.0 0.7 20.0 0.7 20.0 1.5 10.0 2.3 10.0 2.9 1 2 3 4 5 Table 24—Breakpoints for Wheat Special Grades and Factors Special grade or factor Grade limit Breakpoint Moisture As specified by contract or load order grade 0.3 Garlicky More than 2 bulblets per 1,000 grams 1 1 3 Light smutty More than 5 smut balls per 250 grams 3 Smutty More than 30 smut balls per 250 grams 10 Infested Same as in § 810.107 0 Ergoty More than 0.05% 0.03 Treated Same as in § 810.2204 0 Dockage As specified by contract or load order grade 0.2 Protein As specified by contract or load order grade 0.5 Class and Subclass Hard red spring: DNS 75% or more DHV −5.0 NS 25% or more DHV but less than 75% DHV −5.0 Durum: HADU 75% or more HVAC −5.0 ADU 60% or more HVAC but less than 75% of HVAC −5.0 Soft white: SWH Not more than 10% white club wheat 2.0 WHCB Not more than 10% of other soft white wheat 2.0 WWH More than 10% WHCB and more than 10% of other soft white wheat −3.0 (3) Grain accepted by the inspection plan. (4) Grain rejected by the inspection plan. (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. (5) Reinspection service and appeal inspection service. (i) Material portions. (ii) Entire lot. (d) Infested grain Available options. (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. (2) Exception. (3) With treatment. (e) Special certification procedures Rejected grain. (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. The requirement of paragraph (e)(1)(i) of this section does not apply to grain that is inspected as it is unloaded from the carrier or to portions loaded in separate carriers or stowage space. (2) Common stowage Without separation. (ii) With separation. (iii) Exception. (3) Protein. (4) Part lot. (5) Official mark. [55 FR 24042, June 13, 1990; 55 FR 46131, Nov. 1, 1990, as amended at 56 FR 4675, Feb. 5, 1991; 57 FR 58965, 58970, Dec. 14, 1992; 61 FR 18490, Apr. 26, 1996; 63 FR 20056, Apr. 23, 1998; 64 FR 6783, Feb. 11, 1999; 71 FR 52405, Sept. 6, 2006; 71 FR 77853, Dec. 27, 2006; 73 FR 39732, July 20, 2007; 82 FR 20543, May 3, 2017; 88 FR 45056, Sept. 1, 2023] § 800.87 New inspections. (a) Identity lost. (b) Identity not lost. [50 FR 49674, Dec. 4, 1985] § 800.88 Loss of identity. (a) Lots. (b) Carriers and containers. (c) Submitted samples. (d) Additives. 1 1 [52 FR 6495, Mar. 4, 1987, as amended at 58 FR 3212, Jan. 8, 1993; 59 FR 52077, Oct. 14, 1994] Weighing Provisions and Procedures § 800.95 Methods and order of performing weighing services. (a) Methods. (b) Order of service. [52 FR 6495, Mar. 4, 1987] § 800.96 Weighing procedures. (a) Inbound. (b) Outbound. (c) Exceptions Spills Outbound Replaced. (B) Not replaced. (ii) Inbound. (2) Additives. 1 1 (3) Dust. (4) Commingled carriers. (5) Unremoved grain. [52 FR 6495, Mar. 4, 1987, as amended at 58 FR 3212, Jan. 8, 1993; 59 FR 52077, Oct. 14, 1994] § 800.97 Weighing grain in containers, land carriers, barges, and shiplots. (a) General. (b) Procedure General. (2) Sacked grain. (3) Part lots. (c) Certification of trucklots, carlots, and bargelots Basic requirement. (2) Part-lot weight certificates. (d) Certification of shiplot grain Basic requirement. (2) Common stowage Without separation. (ii) With separation. (iii) Exception. (3) Official mark. [52 FR 6496, Mar. 4, 1987, as amended at 78 FR 43757, July 22, 2013] § 800.98 Weighing grain in combined lots. (a) General. (b) Weighing procedure Single lot weighing. (A) The lots are contained in the same type of carrier; and (B) Weighing is performed at each individual location in a reasonably continuous operation. (ii) The grain loaded into or unloaded from each carrier must be weighed in accordance with procedures prescribed in the instructions. In the case of sacked grain, a representative weight sample must be obtained from the grain in each carrier unless otherwise specified in the instructions. (2) Recertification. (3) Grain uniform in quality. (c) Certification procedures General. (2) Recertification. (i) The date of weighing the grain in the combined lot (if the single lots were weighed on different dates, the latest dates must be shown); (ii) A serial number, other than the serial numbers of the weight certificates that are to be superseded; (iii) The name of the elevator(s) from which or into which the grain in the combined lot was loaded or unloaded; (iv) A statement showing the weight of the grain in the combined lot; (v) A completed statement showing the identification of any superseded certificate as follows: “This combined-lot certificate supersedes certificate Nos. ___, dated ______; and (vi) If at any time of issuing the combined-lot weight certificate, the superseded certificates are not in the custody of the agency or field office, the statement “The superseded certificates identified herein have not been surrendered” must be shown clearly in the space provided for remarks beneath the statement identifying the superseded certificates. If the superseded certificates are in the custody of the agency or field office, the superseded certificates must be clearly marked “Void.” (3) Part lot. (4) Official mark. (5) Further combining. (6) Limitations. [52 FR 6496, Mar. 4, 1987, as amended at 78 FR 43757, July 22, 2013] § 800.99 Checkweighing sacked grain. (a) General. (b) Representative sample. (c) Protecting samples and data. (d) Restriction on weighing. (e) Equipment and labor. (f) Disposition of official weight samples. (g) Provisions by kinds of service “IN” movements. (2) “OUT” movements (export). (3) “OUT” movements (other than export). (4) “LOCAL” weighing. [52 FR 6497, Mar. 4, 1987, as amended at 68 FR 19138, Apr. 18, 2003] Original Services § 800.115 Who may request original services. (a) General. (b) Class Y weighing services. (c) Contract services. (Approved by the Office of Management and Budget under control number 0580-0012) [50 FR 45393, Oct. 31, 1985] § 800.116 How to request original services. (a) General. (b) Request requirements. (Approved by Office of Management and Budget under control number 0580-0013) [68 FR 19139, Apr. 18, 2003] § 800.117 Who shall perform original services. (a) General. (b) Exceptions for official agencies to provide service. (1) Timely service. (i) One-time. (A) For one-time, timely service exception requests, if the request is made during customary business hours, the Service will provide its decision that day. (B) If the applicant has an urgent timely service exception request, outside of the Service's customary business hours, an official agency from outside the geographic area may provide one-time service. When providing an urgent service, the gaining official agency must provide written notification to the Service within two business days after service. (C) Upon returning to official office hours, the Service will review and verify the circumstances of the urgent request, as well as its consistency with the U.S. Grain Standards Act and implementing regulations. (ii) 90-day. (iii) Long-term. (iv) Supporting documentation. (v) Review and verification. (vi) Timeline. (vii) Notification. (viii) Challenge. (A) Given the urgency of a one-time service request, if the assigned official agency wishes to challenge the request, it must be done in a manner which does not further delay the applicant from receiving the pending service. If the one-time timely service exception has already been granted or used, the assigned official agency may still challenge the Service's determination within 14 calendar days. (B) To challenge a 90-day or long-term timely service exception, the assigned official agency must submit the challenge and any supporting documents within 14 calendar days of the date of notification of the timely service exception request. The documents must clearly identify the objection and support the identified reason for the challenge. (ix) Determination. (x) False or misleading requests. (xi) Return to the assigned official agency. (xii) Termination. (2) Nonuse of service exception. (i) Supporting documentation. (A) Required information. ( 1 ( 2 ( 3 (B) Additional relevant information. ( 1 ( 2 ( 3 ( 4 ( 5 (ii) Review and verification. (iii) Timeline. (iv) Notification. (v) Challenge. (vi) Determination. (vii) False or misleading requests. (viii) Renewal or termination of exception. (ix) Historic exceptions. (3) Barge probe service. (4) Written agreement. (c) Interim service at other than export port locations. [68 FR 19139, Apr. 18, 2003, as amended at 81 FR 49862, July 29, 2016; 88 FR 27690, May 3, 2023] § 800.118 Certification. 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. (Approved by Office of Management and Budget under Control Number 0580-0013) [68 FR 19139, Apr. 18, 2003] Official Reinspection Services and Review of Weighing Services § 800.125 Who may request reinspection services or review of weighing services. (a) General. (b) Kind and scope of request. (Approved by the Office of Management and Budget under control number 0580-0013) [50 FR 45393, Oct. 31, 1985, as amended at 54 FR 5924, Feb. 7, 1989; 55 FR 24048, June 13, 1990; 68 FR 61328, Oct. 28, 2003] § 800.126 How to request reinspection or review of weighing services. (a) General. (b) Request requirements. (1) Reinspection services. (2) Review of weighing services. (Approved by the Office of Management and Budget under control number 0580-0012) [50 FR 45394, Oct. 31, 1985] § 800.127 Who shall perform reinspection or review of weighing services. Reinspection or review of weighing services shall be performed by the agency or field office that performed the original service. [50 FR 45394, Oct. 31, 1985] § 800.128 Conflicts of interest.. 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. [50 FR 45394, Oct. 31, 1985] § 800.129 Certificating reinspection and review of weighing results. (a) General. (1) Results of material portion sublots. (2) Reporting review of weighing results. (b) Required statements on reinspection certificates. (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. [50 FR 45394, Oct. 31, 1985, as amended at 55 FR 24048, June 13, 1990] Appeal Inspection Services § 800.135 Who may request appeal inspection services. (a) General. (b) Kind and scope of request. (Approved by the Office of Management and Budget under control number 0580-0013) [50 FR 45395, Oct. 31, 1985, as amended at 55 FR 24048, June 13, 1990; 68 FR 61328, Oct. 28, 2003] § 800.136 How to request appeal inspection services. (a) General. (b) Filing requirements. (Approved by the Office of Management and Budget under control number 0580-0012) [50 FR 45395, Oct. 31, 1985, as amended at 54 FR 5924, Feb. 7, 1989] § 800.137 Who shall perform appeal inspection services. (a) Appeal. (b) Board appeal. [50 FR 45395, Oct. 31, 1985] § 800.138 Conflict of interest. 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. [50 FR 45395, Oct. 31, 1985] § 800.139 Certificating appeal inspections. (a) General. (b) Results of material portion sublots. (c) Required statements. (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) Finality of Board appeal inspections. [50 FR 45395, Oct. 31, 1985, as amended at 55 FR 24048, June 13, 1990] Official Records and Forms (General) Source: Sections 800.145 through 800.159 appear at 50 FR 18986, May 6, 1985, unless otherwise noted. § 800.145 Maintenance and retention of records—general requirements. (a) Preparing and maintaining records. (b) Retaining records. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.146 Maintenance and retention of records issued by the Service under the Act. 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. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.147 Maintenance and retention of records on delegations, designations, contracts, and approval of scale testing organizations. 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. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.148 Maintenance and retention of records on organization, staffing, and budget. (a) Organization. (b) Staffing. (c) Budget. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.149 Maintenance and retention of records on licenses and approvals. (a) Licenses. (b) Approvals. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.150 Maintenance and retention of records on fee schedules. 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. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.151 Maintenance and retention of records on space and equipment. (a) Space. (b) Equipment. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.152 Maintenance and retention of file samples. (a) General. (b) Minimum retention period. Carrier In Out Export Other (1) Trucks 3 5 30 (2) Railcars 5 10 30 (3) Ships & Barges 5 25 90 (4) Ships and Barges (short voyage—5 days or less) 5 25 60 (5) Containers 5 60 60 (6) Bins & Tanks 3 (7) Submitted Samples 3 (c) Special retention periods. [50 FR 18986, May 6, 1985, as amended at 78 FR 43757, July 22, 2013] (Approved by the Office of Management and Budget under control number 0580-0011) § 800.153 Maintenance and retention of records on official inspection, Class X or Class Y weighing, and equipment testing service. 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. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.154 Availability of official records. (a) Availability to officials. (b) Availability to the public Agency, contractor, and approved scale testing organization records. (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. (2) Service records (c) Locations where records may be examined or copied Agency, contractor, and approved scale testing organization records. (2) Service records. § 800.155 Detailed work records—general requirements. (a) Preparation. (b) Use. (c) Standard forms. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.156 Official inspection records. (a) Pan tickets. (b) Inspection logs. (c) Other forms. (d) File samples General. (2) Size. (3) Method. (4) Uniform system. (5) Forwarding samples. (Approved by the Office of Management and Budget under control number 0580-0011) [50 FR 18986, May 6, 1985, as amended at 89 FR 48265, June 6, 2024; 90 FR 535, Jan. 6, 2025] § 800.157 Official weighing records. (a) Scale ticket, scale tape, or other weight records. (b) Weighing logs. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.158 Equipment testing work records. 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. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.159 Related official records. (a) Volume of work report. (b) Record of withdrawals and dismissals. (c) Licensee record. (Approved by the Office of Management and Budget under control number 0580-0011) Official Certificates Source: Sections 800.160 through 800.166 appear at 50 FR 45396, Oct. 31, 1985, unless otherwise noted. § 800.160 Official certificates; issuance and distribution. (a) Required issuance. (b) Distribution General Export. (ii) Nonexport. (iii) Local movements of shiplot grain. (2) Reinspection and appeal inspection services. (3) Additional copies. (c) Prompt issuance. (d) Who may issue certificates Authority. (2) Exception. (e) Name requirement. (f) Authorization to affix names Requirements. (2) Initialing. (g) Advance information. (h) Certification after dismissal. (Approved by the Office of Management and Budget under control number 0580-0011) [50 FR 45396, Oct. 31, 1985, as amended at 57 FR 11428, Apr. 3, 1992] § 800.161 Official certificate requirements. (a) General. (b) Required format. (c) Required information. (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) Required statements. (e) Permissive information and statements Certificates. (2) Letterhead. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.162 Certification of grade; special requirements. (a) General. (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) Cargo shipments. (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) Aflatoxin test for corn. (Approved by the Office of Management and Budget under control number 0580-0011) [50 FR 45396, Oct. 31, 1985, as amended at 52 FR 24437, June 30, 1987; 57 FR 2439, Jan. 22, 1992; 57 FR 3273, Jan. 29, 1992; 57 FR 56439, Nov. 30, 1992; 71 FR 52405, Sept. 6, 2006] § 800.163 Divided-lot certificates. (a) General. (b) Application. (c) Quantity restrictions. (d) Surrender of certificate. (e) Certification requirements. (f) Issuance and distribution. (g) Limitations. (h) Use of superseded certificate prohibited. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.164 Duplicate certificates. Upon request, a duplicate certificate may be issued for a lost or destroyed official certificate. (a) Application. (b) Certification requirements. (c) Issuance. (d) Limitations. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.165 Corrected certificates. (a) General. (b) Who may correct. (c) Corrections prior to issuance Export certificates. (2) Other than export certificates. (d) Corrections after issuance General. (2) Certification requirements. (e) Limitations. (f) Use of superseded certificate prohibited. (Approved by the Office of Management and Budget under control number 0580-0011) § 800.166 Reproducing certificates. Official certificates may be photo copied or similarly reproduced. (Approved by the Office of Management and Budget under control number 0580-0011) Licenses and Authorizations (For Individuals Only) § 800.170 When a license or authorization or approval is required. (a) Requirement. (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. (b) Excepted activities. (c) 30-day waiver. (d) No fee by Service. (e) Fee by agency. (Secs. 9, 18, Pub. L. 94-582, 90 Stat. 2875 and 2884 (7 U.S.C. 79a and 87e)) [45 FR 15810, Mar. 11, 1980, as amended at 46 FR 30325, June 5, 1981] § 800.171 Who may be licensed or authorized. (a) Prohibitions. (b) Exceptions to prohibitions Conflict by agency. Provided, (2) Warehouse samplers. (c) General qualifications Inspection and weighing. (2) Specified technical services. (3) Warehouse sampler. (4) Requirements. (d) Competency determinations Agency samplers and technicians. (2) Inspectors, weighers, contract samplers, and technicians. (3) Examinations. [45 FR 15810, Mar. 11, 1980, as amended at 49 FR 36072, Sept. 14, 1984] § 800.172 Applications for licenses. (a) General. (b) Additional information. (c) Withdrawal. (d) Review of applications General procedure. (2) Application and applicant in compliance. (3) Application not in compliance. (4) Applicant not in compliance. (e) Procedure for dismissal. (Approved by the Office of Management and Budget under control number 0580-0012) [45 FR 15810, Mar. 11, 1980, as amended at 48 FR 44453, Sept. 29, 1983; 54 FR 5924, Feb. 7, 1989] § 800.173 Examinations and reexaminations. (a) General. (b) Time and place of examinations and reexaminations. (c) Scope of examinations and reexaminations. (d) Competency standards Inspection. (2) Weighing. § 800.174 Issuance and possession of licenses and authorizations. (a) Scope of licenses and authorizations. (1) Official samplers. (2) Licensed warehouse samplers. (3) Official inspection technicians. (4) Official inspectors. (5) Official weighing technicians. (6) Official weighers. (7) Authorized scale tester. (b) Condition for issuance Compliance with the Act. (2) Possession of license. (c) Duplicate license. (d) Retention of licenses. § 800.175 Termination of licenses. (a) Term of license. (b) Termination schedule for licenses. Last names beginning with Termination date A January. B February. C, D March. E, F, G April. H, I, J May. K, L June. M July. N, O, P, Q August. S September. R, T, U, V October. W November. X, Y, Z December. (c) Termination notices. (d) Renewal of licenses. (e) Termination of suspended licenses. (f) Surrender of license. (g) Marking terminated, canceled, or revoked licenses. [45 FR 15810, Mar. 11, 1980, as amended at 81 FR 49863, July 29, 2016] § 800.176 Voluntary cancellation or suspension of licenses. 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. § 800.177 Automatic suspension of license by change in employment. 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. § 800.178 Summary revocation of licenses. 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. § 800.179 Refusal of renewal, suspension, or revocation of licenses for cause. (a) General. (b) Procedure for summary action. (c) Procedure for other than summary action. § 800.180 Summary cancellation of licenses. 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). Duties and Conduct of Licensed and Authorized Personnel § 800.185 Duties of official personnel and warehouse samplers. (a) General. (b) Inspection and weighing services. (c) Sealing carriers or containers. (d) Scope of operations. (e) Working materials. (f) Observation of services. (g) Reporting violations. (h) Related duties. (i) Instructions by Service. (Approved by the Office of Management and Budget under control number 0580-0013) [45 FR 15810, Mar. 11, 1980; 45 FR 55119, Aug. 18, 1980, as amended at 48 FR 44453, 44454, Sept. 29, 1983; 54 FR 5924, Feb. 7, 1989; 68 FR 19139, Apr. 18, 2003] § 800.186 Standards of conduct. (a) General. (b) Prohibited conduct; official personnel and warehouse samplers. (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) Prohibited conduct; official personnel. (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. [45 FR 15810, Mar. 11, 1980, as amended at 48 FR 44454, Sept. 29, 1983; 60 FR 65235, Dec. 19, 1995; 63 FR 45677, Aug. 27, 1998] § 800.187 Conflicts of interest (a) General. (b) What constitutes a gratuity. (c) Conflicts. (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) Reports of interests. (e) Avoiding conflicts of interest. (f) Disposing of a conflict of interest Remedial action. (2) Hardship cases. (3) Failure to terminate. (Approved by the Office of Management and Budget under control number 0580-0012) [45 FR 15810, Mar. 11, 1980, as amended at 48 FR 44453 and 44454, Sept. 29, 1983; 54 FR 5924, Feb. 7, 1989] § 800.188 Crop year, variety, and origin statements. 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. § 800.189 Corrective actions for violations. (a) Criminal prosecution. (b) Administrative action Other than Service employees. (2) Service employees. Delegations, Designations, Approvals, Contracts, and Conflicts of Interest Authority: 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. § 800.195 Delegations. (a) General. (b) Restrictions. (c) Who can apply. (d) When and how to apply. (e) Review of eligibility and criteria for delegation. (f) Responsibilities Providing official services. (2) Staffing, licensing, and training. (3) Rotation of personnel. (4) Supervision. (5) Conflict of interest General. (ii) Unofficial activities. (6) Fees. (7) Facilities and equipment General. (ii) Equipment testing. (8) Security. (9) Certificate control system. (10) Records. (11) Notification to Secretary. (g) Termination Automatic termination. (2) Voluntary cancellation. (3) Revocation Without hearing. (ii) Informal conference. (4) Review. (h) Provision of services following termination. (The information collection requirements contained in paragraph (d) were approved by the Office of Management and Budget under control number 0580-0012; paragraphs (f)(2) and (f)(4) were approved under control number 0580-0011) [49 FR 30915, Aug. 2, 1984, as amended at 50 FR 18988, May 6, 1985; 54 FR 5924, Feb. 7, 1989; 60 FR 65236, Dec. 19, 1995; 81 FR 49863, July 29, 2016] § 800.196 Designations. (a) General. (b) Restrictions General. (2) Interim authority By agency. (ii) By Service. (c) Who can apply. (d) When and how to apply. Federal Register (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) Review of conditions and criteria for designation Application. (2) Applicant. (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; (iii) The applicant is better able than any other applicant to provide official services; and (iv) The applicant addresses concerns identified during consultations that the Service conducts with applicants for service to the satisfaction of the Service. (f) Area of responsibility General. (2) Amending. (3) Specified service points. (g) Responsibilities Providing official services. (2) Fees. (3) Staffing, licensing, and training General. (ii) State agencies. (4) Rotation of personnel. (5) Supervision. (6) Conflict of interest General. (ii) Unofficial activities. (7) Facilities and equipment General. (ii) Equipment testing. (8) Security. (9) Certificate control system. (10) Records. (h) Termination and renewal Triennial Termination. (ii) Renewal. (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) Automatic termination. (3) Voluntary cancellation. (4) Suspension or revocation of designation General. (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) Summary suspension. (iii) Other than summary suspension. (i) Provision of services following suspension or termination. (Approved by the Office of Management and Budget under control number 0580-0013) [49 FR 30915, Aug. 2, 1984, as amended at 50 FR 18989, May 6, 1985; 54 FR 5924, Feb. 7, 1989; 60 FR 65236, Dec. 19, 1995; 63 FR 45677, Aug. 27, 1998; 68 FR 19139, Apr. 18, 2003; 81 FR 49863, July 29, 2016] § 800.197 Approval as a scale testing and certification organization. (a) Who may apply. (b) When and how to apply. (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) Review of applicant. (d) Termination Voluntary. (2) Suspension or revocation of approval General. (ii) Summary suspension. (iii) Other than summary suspension. (The information collection requirements contained in paragraph (b) were approved by the Office of Management and Budget under control number 0580-0012) [49 FR 30915, Aug. 2, 1984, as amended at 54 FR 5924, Feb. 7, 1989; 89 FR 48265, June 6, 2024; 90 FR 535, Jan. 6, 2025] § 800.198 Contracts. (a) Services contracted and who may apply. (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) Restrictions Conflict of interest. (2) Appeal service. (3) Monitoring services. (c) When and how to apply. (d) Termination and renewal. (e) Cancellation. (The information collection requirements contained in paragraph (c) were approved by the Office of Management and Budget under control number 0580-0012) [49 FR 30915, Aug. 2, 1984, as amended at 50 FR 18989, May 6, 1985; 54 FR 5924, Feb. 7, 1989] § 800.199 Conflict-of-interest provisions. (a) Meaning of terms. (1) Grain business. (2) Interest. (3) Related. (4) Substantial stockholder. (b) Prohibited conflicts of interest. (1) Agency and contractor. (2) Grain business. (3) Stockholder in any agency or contractor. (4) Stockholder of a grain business. (5) Gratuity. (c) Exempt conflicts of interest Agency and contractor. (2) Financial institution. (3) Grain business. (d) Disposition of a conflict of interest. [49 FR 30915, Aug. 2, 1984] Supervision, Monitoring, and Equipment Testing § 800.215 Activities that shall be supervised. (a) General. (b) Administrative activities. (c) Technical activities Equipment testing activities. (2) Inspection activities. (3) Weighing activities. (4) Testing of prototype equipment activities. § 800.216 Activities that shall be monitored. (a) General. (b) Grain merchandising activities. (c) Grain handling activities. (1) Shipping export grain without inspection or weighing; (2) Violating any Federal law with respect to the handling, weighing, or inspection of grain; (3) Deceptively loading, handling, weighing, or sampling grain; and (4) Exporting grain without a certificate of registration. (d) Recordkeeping activities. (e) Other activities. [45 FR 15810, Mar. 11, 1980; 45 FR 55119, Aug. 18, 1980, as amended at 50 FR 2273, Jan. 16, 1985; 81 FR 49863, July 29, 2016] § 800.217 Equipment that shall be tested. (a) General. (b) Inspection equipment. (c) Weighing equipment. (d) Prototype equipment At request of interested party. (2) Determination by Service. § 800.218 Review of rejection or disapproval of equipment. 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. § 800.219 Conditional approval on use of equipment. (a) Approval. (b) Limitation on approval.

Related documents

• 50 CFR Part 600 — Magnuson-Stevens Act Provisions#512148
• 50 CFR Part 622 — Fisheries of the Caribbean, Gulf of America, and South Atlantic#512149
• 50 CFR Part 635 — Atlantic Highly Migratory Species#512150
• 50 CFR Part 648 — Fisheries of the Northeastern United States#512151
• 50 CFR Part 660 — Fisheries off West Coast States#512152