PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES Authority: 7 U.S.C. 1621-1627. Subpart A—Regulations Source: 53 FR 3722, Feb. 9, 1988, unless otherwise noted. Redesignated at 60 FR 16364, Mar. 30, 1995. Definitions § 868.1 Meaning of terms. (a) Construction. (b) Definitions. (1) Act. et seq. (2) Administrator. (3) Appeal inspection service. (4) Applicant. (5) Authorized inspector. (6) Board appeal inspection service. (7) Board of Appeals and Review or Board. (8) Business day. (9) Carrier. (10) Commodity. (11) Continuous inspection. (12) Contract service. (13) Contractor. (14) Cooperator. (15) Cooperator inspection service. (16) Department. (17) Factor. (18) Field office. (19) Grade. (20) Graded commodity. (21) Holiday. (22) Inspection certificate. (23) Inspection service. (24) Instructions. (25) Interagency agreement. (26) Interested person. (27) Licensee. (28) Nongraded commodity. et seq. (29) Nonregular workday. (30) Official inspector. (31) Official personnel. (32) Official sampler. (33) Official technician. (34) Origin. (35) Original inspection service. (36) Person. (37) Plant. (38) Regular workday. (39) Regulations. (40) Reimbursable agreement. (41) Retest inspection service. (42) Secretary. (43) Service. (44) Service representative. (45) Specification. (46) Standards. (47) Submitted sample. (48) Test. [53 FR 3722, Feb. 9, 1988, as amended at 60 FR 5835, Jan. 31, 1995. Redesignated at 60 FR 16364, Mar. 30, 1995, as amended at 63 FR 29531, June 1, 1998; 70 FR 69250, Nov. 15, 2005] Administration § 868.5 Administrator. The Administrator, under the authority delegated by the Secretary, is charged with administering the programs and functions authorized under the Act and the regulations concerning those commodities assigned by the Secretary to the Service. § 868.6 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. § 868.7 Procedures for establishing regulations and standards. Notice of proposals to prescribe, amend, or revoke regulations and standards shall be published in accordance with applicable provisions of the Administrative Procedures Act (5 U.S.C. 551 et seq. § 868.8 Complaints and reports of alleged violations. (a) General. (b) Retest inspection and appeal inspection service. (Approved by the Office of Management and Budget under control number 0580-0011) § 868.9 Provisions for hearings. Opportunities shall be provided for hearings either in accordance with the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary under Various Statutes (7 CFR part 1, subpart H) or in accordance with FGIS procedures as appropriate. § 868.10 Information about the Service, Act, and regulations. Information about the Service, Act, regulations, standards, rules of practice, instructions, and other matters related to the inspection of commodities may be obtained by telephoning or writing the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator. § 868.11 Public information. (a) General. (b) Public inspection and copying. (c) Indexes. (d) Requests for records. (e) FOIA Appeals. (f) Disclosure of information. [53 FR 3722, Feb. 9, 1988, as amended 54 FR 5923, Feb. 7, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.12 Identification. All official personnel shall have in their possession and present upon request, while on duty, the means of identification furnished to them by the Department. § 868.13 Regulations not applicable for certain purposes. These regulations do not apply to the inspection of grain under the United States Grain Standards Act, as amended (7 U.S.C. 71 et seq. et seq. Conditions for Obtaining or Withholding Service § 868.20 Availability of services. (a) Original inspection service. (b) Retest inspection and appeal inspection services. (c) Proof of authorization. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.21 Requirements for obtaining service. (a) Consent and agreement by applicant. (b) Written confirmation. (1) The date filed; (2) The identification, quantity, and location of the commodity; (3) The type of service(s) requested; (4) The name and mailing address of the applicant and, if made by an authorized agent, the agent's name and mailing address; and (5) Any other relevant information that the official with whom the application is filed may request. A written request or a written confirmation of a verbal request shall be signed by the applicant or a duly authorized agent. (c) Names and addresses of interested persons. (d) Surrender of superseded certificates. (e) Accessibility Commodities. (2) Origin records. (f) Plant examination. (g) Working space. (h) Loading and unloading conditions. (1) Loading and unloading areas and the truck and railroad holding areas; (2) Pier or dock areas; (3) Deck and stowage areas of a carrier; (4) Other service areas; and (5) Equipment used in loading or unloading, processing, and handling the commodity. Suitable conditions are those which will facilitate accurate inspection, maintain the quantity and the quality of the commodity that is to be inspected, and not be hazardous to the health and safety of official personnel as prescribed in the instructions. (i) Timely arrangements. (j) Payment of bills. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.22 Withdrawal of request for inspection service by applicant. An applicant may withdraw a request for inspection service any time before official personnel release results, either verbally or in writing. Reimbursement of expenses, if any, shall be made pursuant to § 868.26. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.23 Dismissal of request for inspection service. (a) Conditions for dismissal General. (i) Performing the requested service is not practicable or possible. (ii) The cooperator or the Service lacks authority under the Act or regulations to provide the inspection service requested or is unable to comply with the Act, regulations, standards, or instructions. (iii) Sufficient information is not available to make an accurate determination. (2) Original inspection service. (3) Retest inspection service. (i) The factor requested was not tested during the original inspection; (ii) The condition of the commodity has undergone a material change; (iii) A representative file sample is not available; (iv) The applicant requests that a new sample be obtained; (v) The request is for a graded commodity; or (vi) The reasons for the retest inspection are frivolous. (4) Appeal inspection service. (i) The scope is different from the scope of the original inspection service; (ii) The condition of the commodity has undergone a material change; (iii) The request specifies a file sample and a representative file sample is not available; (iv) The applicant requests that a new sample be obtained and a new sample cannot be obtained; or (v) The reasons for the appeal inspection are frivolous. (5) Board appeal inspection service. (i) The scope is different from the scope of the original inspection service; (ii) The condition of the commodity has undergone a material change; (iii) A representative file sample is not available; (iv) The applicant requests that a new sample be obtained; or (v) The reasons for the Board appeal inspection are frivolous. (b) Procedure for dismissal. § 868.24 Conditional withholding of service. (a) Conditional withholding. (b) Procedure for withholding. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.25 Denial or withdrawal of service. (a) General. (b) The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary under Various Statutes (7 CFR part 1, subpart H) shall be followed in the denial or withdrawal of service. § 868.26 Expenses of the cooperator or the Service. For any request that has been withdrawn, dismissed, or withheld under §§ 868.22, 868.23, or 868.24, respectively, each applicant shall pay expenses incurred by the cooperator or the Service. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Inspection Methods and Procedures § 868.30 Methods and order of performing inspection service. (a) Methods General. (2) Lot inspection service. (3) Submitted sample inspection service. (b) Order of service. (c) Recording receipt of documents. (d) Conflicts of interest. (2) Official personnel shall not perform, participate in performing, or issue a certificate if the official personnel participated in a previous inspection or certification of the lot unless there is only one authorized person available at the time and place of the requested inspection service. § 868.31 Kinds of inspection services. (a) General. (1) Standards of class, grade, other quality designation, quantity, or condition for such commodities promulgated by the Administrator; or (2) Specifications prescribed by Federal agencies; or (3) Specifications of trade associations or organizations; or (4) Other specifications as requested by applicant; or (5) The instructions. The kinds of services provided and the basis for performing the services include those specified in paragraphs (b) through (m) of this section. Some or all of these services are provided when performing a complete inspection service. (b) Quality inspection service. (1) Obtaining representative sample(s) of an identified commodity lot; (2) Examining, grading, or testing the sample(s); (3) Examining relevant records for the lot; and (4) Certifying the results. (c) Submitted sample inspection service. (d) Examination service. (e) Checkweighing service (container). (1) Weighing a selected number of containers from a commodity lot; (2) Determining the estimated total gross, tare, and net weights or the estimated average gross or net weight per filled container; and (3) Certifying the results. (f) Bulk weighing service. (1) Completely supervising the loading or the unloading of an identified lot of bulk or containerized commodity, (2) Physically weighing or completely supervising the weighing of the commodity; and (3) Certifying the results. (g) Checkloading service. (1) Performing a stowage examination; (2) Computing the number of filled commodity containers loaded aboard the carrier; (3) Observing the condition of commodity containers loaded aboard the carrier; (4) If practicable, sealing the carrier; and (5) Certifying the results. (h) Checkcounting service. (i) Condition inspection service. (j) Condition of food containers service. (k) Observation of loading service. (l) Plant approval service. 1 1 (m) Stowage examination service. § 868.32 Who shall inspect commodities. Official commodity inspections shall be performed only by official personnel. § 868.33 Sample requirements; general. (a) Samples for lot inspection service Original lot inspection service. (i) Obtained by official personnel; (ii) Representative of the commodity in the lot; (iii) Protected by official personnel from manipulation, substitution, and improper or careless handling; and (iv) Obtained within the prescribed area of responsibility of the cooperator or field office performing the inspection service. (2) Retest lot inspection service. (3) Appeal lot inspection service. (4) Board appeal lot inspection service. (b) Sampler requirement. (c) Representative sample. (1) Has been obtained by official personnel; (2) Is of the size prescribed in the instructions; and (3) Has been obtained, handled, and submitted in accordance with the instructions. (d) Protecting samples. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.34 Partial inspection. When the entire lot is not accessible for examination or a representative sample cannot be obtained from the entire lot, the certificate shall state the estimated quantity of the commodity in the accessible portion and the quantity of the entire lot. The inspection shall be limited to the accessible portion. In addition, the words “Partial Inspection” shall be printed or stamped on the certificate. § 868.35 Sampling provisions by level of service. (a) Original inspection service Lot inspection service. (2) Submitted sample service. (b) Retest inspection service. (c) Appeal inspection service Lot inspection service. (2) Submitted sample service. (d) Board appeal inspection service. (e) Use of file samples Requirements for use. (2) Certificate statement. § 868.36 Loss of identity. (a) Lots. (1) A portion of the commodity is unloaded, transferred, or otherwise removed from the carrier or location after the time of original inspection, unless the identity is preserved; or (2) More commodity or other material, including a fumigant or insecticide, is added to the lot after the original inspection was performed, unless the addition of the fumigant or insecticide was performed in accordance with the instructions; or (3) At the option of official personnel performing an appeal inspection or Board appeal inspection service, the identity of a commodity in a closed carrier or container may be considered lost if the carrier or container is not sealed or the seal record is incomplete. (b) Carriers and containers. (c) Submitted sample. (1) The identifying number, mark, or symbol for the sample is lost or destroyed; or (2) The sample has not been retained and protected by official personnel as prescribed in the regulations and the instructions. Original Inspection Service § 868.40 Who may request original inspection service. Any interested person may apply for inspection service. § 868.41 Contract service. Any interested person may enter into a contract with a cooperator or the Service whereby the cooperator or Service will provide original inspection services for a specified period, and the applicant will pay a specific fee. § 868.42 How to request original inspection service. (a) General. (b) Request requirements. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.44 New original inspection. When circumstances prevent a retest inspection, appeal inspection, or Board appeal inspection, an applicant may request a new original inspection on any previously inspected lot; except that a new original inspection may not be performed on an identifiable commodity lot which, as a result of a previous inspection, was found to be contaminated with filth, other than insect fragments in nongraded processed products, or to contain a deleterious substance. A new original inspection shall be based on a new sample and shall not be restricted to the scope of any previous inspection. A new original inspection certificate shall not supersede any previously issued certificate. Retest Inspection Service § 868.50 Who may request retest inspection service. (a) General. (b) Scope of request. (Approved by the Office of Management and Budget under control number 0580-0012) § 868.51 How to request retest inspection service. (a) General. (b) Request requirements. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.52 Certificating retest inspection results. (a) General. (b) Required statements on retest certificates. (1) Each retest inspection certificate shall clearly show the term “Retest” and a statement identifying the superseded original certificate. The superseded certificate shall be considered null and void as of the date of the retest certificate. When applicable, the certificate shall also show a statement as to which factor(s) result is based on the retest inspection service and that all other results are those of the original inspection service. (2) If the superseded certificate is in the custody of the Service, the superseded certificate shall be marked “Void.” If the superseded certificate is not in the custody of the Service at the time the retest certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the retest certificate. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Appeal Inspection Service § 868.60 Who may request appeal inspection service. (a) General. (b) Kind and scope of request. (Approved by the Office of Management and Budget under control number 0580-0013) [53 FR 3722, Feb. 9, 1988. Redesignated at 60 FR 16364, Mar. 30, 1995, as amended at 70 FR 69250, Nov. 15, 2005] § 868.61 How to request appeal inspection service. (a) General. (b) Request requirements. (2) Subject to the limitations of paragraph (b)(3) of this section, the applicant may request that an appeal inspection be based on: (i) The file sample or (ii) a new sample. However, an appeal inspection shall be based on a new sample only if the lot can positively be identified by official personnel as the one that was previously inspected and the entire lot is available and accessible for sampling and inspection. Board appeals shall be on the basis of the file sample. (3) An appeal inspection shall be limited to a review of the sampling procedure and an analysis of the file sample when, as a result of a previous inspection, the commodity was found to be contaminated with filth (other than insect fragments in nongraded processed products) or to contain a deleterious substance. If it is determined that the sampling procedures were improper, a new sample shall be obtained if the lot can be positively identified as the lot which was previously inspected and the entire lot is available and accessible for sampling and inspection. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.62 Who shall perform appeal inspection service. (a) Appeal. (b) Board appeal. § 868.63 Certificating appeal inspection results. (a) General. (b) 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 shall be considered null and void as of the date of the appeal inspection or Board appeal inspection certificate. (2) When the results for more than one kind of service are reported on a certificate, the appeal or Board appeal inspection certificate shall show a statement of which kind of service(s) results are based on the appeal or Board appeal inspection service and that all other results are those of the original inspection, retest inspection, or appeal inspection service. (3) If the superseded certificate is in the custody of the Service, the superseded certificate shall be marked “Void.” If the superseded original inspection, retest inspection, or appeal inspection certificate is not in the custody of the Service at the time the appeal certificate is issued, a statement indicating that the superseded certificate has not been surrendered shall be shown on the appeal certificate. (c) Finality of Board appeal inspection. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Official Certificates § 868.70 Official certificates; issuance and distribution. (a) Required issuance. (b) Distribution Original. (2) Retest and appeal inspection service. (3) Additional copies. (c) Prompt issuance. (d) Who may issue a certificate Authority. (2) Exception. (e) Name requirement. (f) Authorization to affix names Requirements. (2) Initialing. (g) Advance information. (h) Certification; when prohibited. § 868.71 Official certificate requirements. Official certificates shall— (a) Be on standard printed forms prescribed in the instructions; (b) Be in English; (c) Be typewritten or handwritten in ink and be clearly legible; (d) Show the results of inspection services in a uniform, accurate, and concise manner; (e) Show the information required by §§ 868.70-868.75; and (f) Show only such other information and statements of fact as are provided in the instructions authorized by the Administrator. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.72 Certification of results. (a) General. (b) Graded commodities. (1) The class, grade, or any other quality designation according to the official grade standards; (2) All factor information requested by the applicant; and (3) All grade determining factors for commodities graded below the highest quality grade. § 868.73 Corrected certificates. (a) General. (b) Who may correct. (c) Corrections prior to issuance. (1) The corrections are neat and legible; (2) Each correction is initialed by the individual who corrects the certificate; and (3) The corrections and initials are shown on the original and all copies. (d) Corrections after issuance General. (2) Certification requirements. (i) The terms “Corrected Original” and “Corrected Copy,” (ii) A statement identifying the superseded certificate and the corrections, (iii) A statement indicating the superseded certificate was not surrendered when the incorrect certificate was not submitted; and (iv) A new serial number. In addition, the incorrect certificate shall be marked “Void” when submitted. (e) Limitations. § 868.74 Divided-lot certificates. (a) General. (b) Application. (1) In writing; (2) By the applicant who made the initial request; (3) To the office that issued the outstanding certificate; (4) Within 5 business days of the outstanding certificate date; and (5) Before the identity of the commodity has been lost. (c) Quantity restrictions. (d) Surrender of certificate. (1) Be in the custody of the cooperator or the Service; (2) Be marked “Void,” and (3) Show the identification of the divided-lot certificates. (e) Certification requirements. (1) A statement indicating the commodity was inspected as an undivided lot; (2) The terms “Divided-Lot Original,” and the copies shall show “Divided-Lot Copy;” (3) The same serial number with numbered suffix (for example, 1764-1, 1764-2, 1764-3, and so forth); and (4) The quantity specified by the request. (f) Issuance and distribution. (g) Limitations. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.75 Duplicate certificates. Upon request, a duplicate certificate may be issued for a lost or destroyed official certificate. (a) Application. (1) In writing; (2) By the applicant who requested the service covered by the lost or destroyed certificate; and (3) With the office that issued the initial certificate. (b) Certification requirements. (c) Issuance. (d) Limitations. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Licensed Inspectors, Technicians, and Samplers § 868.80 Who may be licensed. (a) Inspectors. (1) Is employed by a cooperator, is a contractor, or is employed by a contractor; (2) Possesses the qualifications prescribed in the instructions; and (3) Has no interest, financial or otherwise, direct or indirect in merchandising, handling, storing, or processing the kind of commodities or related products to be inspected. The Administrator may require applicants to be examined for competency at a specific time and place and in a prescribed manner. (b) Technicians or samplers. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995; 63 FR 29531, June 1, 1998] § 868.81 Licensing procedures. (a) Application. (b) Examinations and reexaminations. (c) Termination Procedure. Termination Schedule Last name 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. R September. S, T, U, V October. W November. X, Y, Z December. The Service shall issue a termination notice 60 days before the termination date. The notice shall give detailed instructions for requesting renewal of license, state whether a reexamination is required, and, if a reexamination is required, give the scope of the examination. Failure to receive a notice from the Service shall not exempt a licensee from the responsibility of having the license renewed by the termination date. (2) Exception. (d) Surrender of license. (Approved by the Office of Management and Budget under control number 0580-0012) [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.82 Voluntary cancellation or suspension of license. Upon request by a licensee, the Service may cancel a license or suspend a license for a period of time not to exceed 1 year. A license that has been voluntarily suspended shall be returned by the Service upon request by the licensee within 1 year, subject to the provisions of § 868.81(a) and (b); a license that has been cancelled shall be considered void and shall not be subject to return or renewal. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.83 Automatic suspension of license by change in employment. A license issued to an individual shall be automatically suspended when the individual ceases to be employed by the cooperator. If the individual is reemployed by the cooperator or employed by another cooperator within 1 year of the suspension date and the license has not terminated in the interim, upon request of the licensee, the license will be reinstated subject to the provisions of § 868.81(a) and (b). [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.84 Suspension or revocation of license. (a) General. (i) Willfully, carelessly, or through incompetence fails to perform the duties specified in the Act, regulations, standards, or the instructions or (ii) Becomes incapable of performing required duties. (2) A license may not be suspended or revoked until the individual: (i) Has been served notice, in person or by registered mail, that suspension or revocation of the license is under consideration for reasons set out in the notice and (ii) Has been given an opportunity for a hearing. (b) Procedure for summary action. (c) Procedures for other than summary action. (The information collection requirements contained in paragraph (c) have been approved by the Office of Management and Budget under control number 0580-0012) Fees § 868.90 Fees for certain Federal inspection services. (a) The fees shown in Table 1 apply to Federal Commodity Inspection Services specified below. Table 1—Hourly Rates 1,3 [Fees for inspection of commodities other than rice] Hourly Rates (per service representative): Monday to Friday $34.20 Saturday, Sunday, and Holidays 44.40 Miscellaneous Processed Commodities: 2 (1) Additional Tests (cost per test, assessed in addition to the hourly rate): (i) Aflatoxin Test (Thin Layer Chromatography) 51.40 (ii) Falling Number 12.50 (iii) Aflatoxin Test Kit 7.50 Graded Commodities (Beans, Peas, Lentils, Hops, and Pulses): (1) Additional Tests—Unit Rates (Beans, Peas, Lentils): (i) Field run (per lot or sample) 23.00 (ii) Other than field run (per lot or sample) 13.75 (iii) Factor analysis (per factor) 5.65 (2) Additional Tests—Unit Rates (Hops): (i) Lot or sample (per lot or sample) 29.30 (3) Additional Tests—Unit Rates (Nongraded Nonprocessed Commodities): (i) Factor analysis (per factor) 5.65 (4) Stowage Examination (service-on-request) 4 50.50 (ii) Subsequent ship examinations (same as original) (minimum $151.50 per ship) (iii) Barge (per examination) 40.50 (iv) All other carriers (per examination) 15.50 1 2 3 4 1 2 (b) In addition to the fees, if any, for sampling or other requested service, a fee will be assessed for each laboratory test (original, retest, or appeal) listed in table 2 of this section. (c) If a requested test is to be reported on a specified moisture basis, a fee for a moisture test will also be assessed. (d) Laboratory tests referenced in table 2 of this section will be charged at the applicable laboratory fee. Table 2—Fees for Laboratory Test Services 1 Laboratory tests Fees (1) Aflatoxin (Quantitative—HPLC) $182.00 (2) Aflatoxin (Quantitative—Test Kit) 87.00 (3) Aflatoxin (Qualitative—Test Kit) 47.00 (4) Appearance and odor 7.00 (5) Ash 17.00 (6) Brix 16.00 (7) Calcium 27.00 (8) Carotenoid Color 27.00 (9) Cold test (oil) 20.00 (10) Color test (syrups) 13.00 (11) Cooking tests (pasta) 13.00 (12) Crude fat 20.00 (13) Crude fiber 27.00 (14) Falling number 24.00 (15) Free fatty acid 24.00 (16) Insoluble impurities (oils and shortenings) 9.00 (17) Iron enrichment 30.00 (18) Lovibond color 20.00 (19) Moisture 13.00 (20) Moisture and volatile matter 17.00 (21) Oxidative stability index (OSI) 54.00 (22) Peroxide Value 27.00 (23) Popping ratio 38.00 (24) Protein 16.00 (25) Sanitation (light filth) 47.00 (26) Sieve test 11.00 (27) Smoke Point 43.00 (28) Solid fat index 168.00 (29) Visual exam 22.00 (30) Vomitoxin (Qualitative—Test Kit) 61.00 (31) Vomitoxin (Quantitative—Test Kit) 81.00 (32) Other laboratory analytical services (per hour per service representative) 67.00 1 [61 FR 66535, Dec. 18, 1996, as amended 66 FR 17777, Apr. 4, 2001; 69 FR 1894, Jan. 13, 2004] § 868.91 Fees for certain Federal rice inspection services. The fees for services in paragraph (a) apply to Federal inspection services. Starting with fiscal year 2022, calculations provided in paragraph (b) will be used to determine annual fee rates. (a) Fees for services are published on the Service's website. (b) For each fiscal year, starting with 2022, the Administrator will calculate the rates for services, issue a public notice, and publish fees on the Service's website with an effective date of October 1 of each year. (1) For each year, the Administrator will calculate the rates for services, per hour per inspection program employee using the following formulas: (i) Regular rate. (ii) Overtime rate. (iii) Holiday rate. (2) For each year, based on previous year/historical actual costs, the Administrator will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime, and holiday rates as follows: (i) Benefits rate. (ii) Operating rate. (iii) Allowance for bad debt rate. (3) The Administrator will use the most recent economic factors released by the Office of Management and Budget for budget development purposes to derive the cost of living expenses and percentage of inflation factors used in the formulas in this section. [85 FR 5302, Jan. 30, 2020] § 868.92 Explanation of service fees and additional fees. (a) Costs included in the fees. (1) The cost of performing the service and related supervision and administrative costs; (2) The cost of first-class mail service; (3) The cost of overtime and premium pay; and (4) The cost of certification except as provided in § 868.92(c). (b) Computing hourly rates. (1) Travel from the FGIS field office or assigned duty location to the service point and return; and (2) The performance of the requested service, less mealtime. (c) Additional fees. (1) An applicant requests more than the original and three copies of a certificate; (2) An applicant requests onsite typing of certificates or typing of certificates at the FGIS field office during other than normal working hours; and (3) An applicant requests the use of express-type mail or courier service. (d) Application of fees when service is delayed 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(s) cannot be utilized elsewhere or cannot be released without cost to the Service. (e) Application of fees when an application for service is withdrawn or dismissed. (f) To whom fees are assessed. (g) Advance payment. (h) Time and form of payment Fees for Federal inspection service. (2) Fees for cooperator inspection service. [53 FR 3722, Feb. 9, 1988. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995; 61 FR 66536, Dec. 18, 1996; 85 FR 5302, Jan. 30, 2020] Subpart B—Marketing Standards Source: 62 FR 6706, Feb. 13, 1997, unless otherwise noted. § 868.101 General information. The Agricultural Marketing Service, (AMS) of the U.S. Department of Agriculture (USDA) facilitates the fair and efficient marketing of agricultural products by maintaining voluntary grade standards for Beans, Whole Dry Peas, Split Peas, and Lentils, which provide a uniform language for describing the quality of these commodities in the marketplace. These standards may cover (but are not limited to) terms, classes, quality levels, performance criteria, and inspection requirements. Procedures contained in this part set forth the process which AMS will follow in developing, issuing, revising, suspending, or terminating the U.S. standards for Beans, Whole Dry Peas, Split Peas, and Lentils. Communications about AMS standards in general should be addressed to the Administrator, AMS, USDA, 1400 Independence Avenue, SW., Washington, DC 20250-3601. § 868.102 Procedures for establishing and revising grade standards. (a) AMS will develop, revise, suspend, or terminate grade standards if it determines that such action is in the public interest. AMS encourages interested parties to participate in the review, development, and revision of grade standards. Interested parties include growers, producers, processors, shippers, distributors, consumers, trade associations, companies, and State or Federal agencies. Such persons may at any time recommend that AMS develop, revise, suspend, or terminate a grade standard. Requests for action should be in writing, and should be accompanied by a draft of the suggested change, as appropriate. (b) AMS will: (1) Determine the need for new or revised standards; (2) Collect technical, marketing, or other appropriate data; (3) Conduct research regarding new or revised standards, as appropriate; and (4) Draft the proposed standards. (c) If AMS determines that new standards are needed, existing standards need to be revised, or the suspension or termination of existing standards is justified, AMS will undertake the action with input from interested parties. § 868.103 Public notification of grade standards action. (a) After developing a standardization proposal, AMS will publish a notice in the Federal Register (b) AMS will simultaneously issue a news release about these actions, notifying the affected industry and general public. AMS will also distribute copies of proposals to anyone requesting a copy or to anyone it believes may be interested, including other Federal, State, or local government agencies. (c) All comments received within the comment period will be made part of the public record maintained by AMS, will be available to the public for review, and will be considered by AMS before final action is taken on the proposal. (d) Based on the comments received, AMS's knowledge of standards, grading, marketing, and other technical factors, and any other relevant information, AMS will decide whether the proposed actions should be implemented. (e) If AMS concludes that the changes as proposed or with appropriate modifications should be adopted, AMS will publish the final changes in the Federal Register (f) If AMS determines that proposed changes are not warranted, or otherwise are not in the public interest, AMS will either publish in the Federal Register Subpart C—United States Standards for Rough Rice Note to the subpart: Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws. Source: 42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, unless otherwise noted. Terms Defined § 868.201 Definition of rough rice. Rice ( Oryza sativa [34 FR 7863, May 17, 1969. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.202 Definition of other terms. For the purposes of these standards, the following terms shall have the meanings stated below: (a) Broken kernels. (b) Chalky kernels. (c) Classes. Long Grain Rough Rice Medium Grain Rough Rice Short Grain Rough Rice Mixed Rough Rice Classes shall be based on the percentage of whole kernels, large broken kernels, and types of rice. (1) “Long grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which after milling to a well-milled degree, contains not more than 10 percent of whole or broken kernels of medium or short grain rice. (2) “Medium grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which after milling to a well-milled degree, contains not more than 10 percent of whole or large broken kernels of long grain rice or whole kernels of short grain rice. (3) “Short grain rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which, after milling to a well-milled degree, contains not more than 10 percent of whole or large broken kernels of long grain rice or whole kernels of medium grain rice. (4) “Mixed rough rice” shall consist of rough rice which contains more than 25 percent of whole kernels and which, after milling to a well-milled degree, contains more than 10 percent of “other types” as defined in paragraph (h) of this section. (d) Damaged kernels. (e) Heat-damaged kernels. (f) Milling yield. (g) Objectionable seeds. Echinochloa crusgalli (h) Other types. (i) Long grain rice in medium or short grain rice, (ii) Medium grain rice in long or short grain rice, (iii) Short grain rice in long or medium grain rice, and (2) Large broken kernels of long grain rice in medium or short grain rice and large broken kernels of medium or short grain rice in long grain rice. Note: Broken kernels of medium grain rice in short grain rice and large broken kernels of short grain rice in medium grain rice shall not be considered other types. (i) Paddy kernels. (j) Red rice. (k) Seeds. (l) Smutty kernels. (m) Types of rice. Long grain Medium grain Short grain Types shall be based on the length-width ratio of kernels of rice that are unbroken and the width, thickness, and shape of kernels of rice that are broken as prescribed in FGIS instructions. (n) Ungelatinized kernels. (o) Whole and large broken kernels. (p) Whole kernels. (q) 6 sieve. 6/64 (r) 6 plate. 6/64 [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989; 54 FR 51344, Dec. 14, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] Principles Governing Application of Standards § 868.203 Basis of determination. The determination of seeds, objectionable seeds, heat-damaged kernels, red rice and damaged kernels, chalky kernels, other types, color, and the special grade Parboiled rough rice shall be on the basis of the whole and large broken kernels of milled rice that are produced in the milling of rough rice to a well-milled degree. When determining class, the percentage of (a) whole kernels of rough rice shall be determined on the basis of the original sample, and (b) types of rice shall be determined on the basis of the whole and large broken kernels of milled rice that are produced in the milling of rough rice to a well-milled degree. Smutty kernels shall be determined on the basis of the rough rice after it has been cleaned and shelled as prescribed in FGIS instructions, or by any method that is approved by the Administrator as giving equivalent results. All other determinations shall be on the basis of the original sample. Mechanical sizing of kernels shall be adjusted by handpicking as prescribed in FGIS instructions, or by any method that is approved by the Administrator as giving equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.204 Interpretive line samples. Interpretive line samples showing the official scoring line for factors that are determined by visual examinations shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for reference in all inspection offices that inspect and grade rice. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982. Redesignated at 54 FR 21403, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.205 Milling requirements. In determining milling yield (see § 868.202(f)) in rough rice, the degree of milling shall be equal to, or better than, that of the interpretive line sample for “well-milled” rice. [42 FR 40869, Aug. 12, 1977. Redesignated at 54 FR 21413, May 18, 1989, and further redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.206 Milling yield determination. Milling yield shall be determined by the use of an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the McGill Miller No. 3 and any other equipment that is approved by the Administrator as giving equivalent results. Note: Milling yield shall not be determined when the moisture content of the rough rice exceeds 18.0 percent. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; Redesignated and amended at 54 FR 21403, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.207 Moisture. Water content in rough rice as determined by an approved device in accordance with procedures prescribed in the FGIS instructions. For the purpose of this paragraph, “approved device” shall include the Motomco Moisture Meter and any other equipment that is approved by the Administrator as giving equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982. Redesignated at 54 FR 21403, May 18, 1989, as amended at 54 FR 51344, Dec. 14, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.208 Percentages. (a) Rounding. (1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5. (2) When the figure to be rounded is followed by a figure less than 5, retain the figure; e.g., report 8.34 as 8.3 and 1.22 as 1.2. (b) Recording. [54 FR 21403, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.209 Information. Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator. [54 FR 21404, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] Grades, Grade Requirements, and Grade Designations § 868.210 Grades and grade requirements for the classes of Rough Rice. (See also § 868.212.) Grade Maximum limits of— Color requirements 1 Seeds and heat-damaged kernels Red rice and damaged kernels (singly or combined) (Percent) Chalky kernels 1,2 Other types 3 Total (singly or combined) (Number in 500 grams) Heat-damaged kernels and objectionable seeds (singly or combined) (Number in 500 grams) Heat-damaged kernels (Number in 500 grams) In long grain rice (Percent) In medium or short grain rice (Percent) U.S. No. 1 4 3 1 0.5 1.0 2.0 1.0 Shall be white or creamy. U.S. No. 2 7 5 2 1.5 2.0 4.0 2.0 May be slightly gray. U.S. No. 3 10 8 5 2.5 4.0 6.0 3.0 May be light gray. U.S. No. 4 27 22 15 4.0 6.0 8.0 5.0 May be gray or slight rosy. U.S. No. 5 37 32 25 6.0 10.0 10.0 10.0 May be dark gray or rosy. U.S. No. 6 75 75 75 4 15.0 15.0 10.0 May be dark gray or rosy. U.S. Sample grade U.S. Sample grade shall be rough rice which: (a) does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 6, inclusive; (b) contains more than 14.0 percent of moisture; (c) is musty, or sour, or heating; (d) has any commercially objectionable foreign odor; or (e) is otherwise of distinctly low quality. 1 2 3 4 [56 FR 55978, Oct. 31, 1991. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.211 Grade designation and other certificate information. (a) Rough rice. (1) The letters “U.S.;” (2) The number of the grade or the words “Sample grade,” as warranted; (3) The words “or better,” when applicable and requested by the applicant prior to inspection; (Approved by the Office of Management and Budget under control number 0580-0013) (4) The class; (5) Each applicable special grade (see § 868.213); and (6) A statement of the milling yield. (b) Mixed rough rice information. (1) The percentage of whole kernels of each type in the order of predominance; (2) The percentage of large broken kernels of each type in the order of predominance; (3) The percentage of material removed by the No. 6 sieve or the No. 6 sizing plate; and (4) The percentage of seeds, when applicable. (c) Large broken kernels. [74 FR 55442, Oct. 28, 2009] Special Grades, Special Grade Requirements, and Special Grade Designations § 868.212 Special grades and requirements. A special grade, when applicable, is supplemental to the grade assigned under § 868.210. Such special grades for rough rice are established and determined as follows: (a) Infested rough rice. (1) Representative sample. (2) Lot as a whole (stationary). (3) Sample as a whole during continuous loading/unloading. (b) Parboiled rough rice. Note: The maximum limits for “Chalky kernels,” “Heat-damaged kernels,” “Kernels damaged by heat,” and the “Color requirements” shown in § 868.210 are not applicable to the special grade “Parboiled rough rice.” (c) Smutty rough rice. (d) Glutinous rough rice. Note: The maximum limits for “Chalky kernels” in § 868.210 are not applicable to the special grade “Glutinous rough rice.” (e) Aromatic rough rice. [42 FR 40869, Aug. 12, 1977, as amended at 54 FR 21406, May 18, 1989; 56 FR 55978, Oct. 31, 1991; 58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.213 Special grade designation. The grade designation for infested, parboiled, smutty, glutinous, or aromatic rough rice shall include, following the class, the word(s) “Infested,” “Parboiled Light,” “Parboiled,” “Parboiled Dark,” “Smutty,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.211. [58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Subpart D—United States Standards for Brown Rice for Processing Note to the subpart: Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws. Source: 42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, unless otherwise noted. Redesignated at 60 FR 16364, Mar. 30, 1995. Terms Defined § 868.251 Definition of brown rice for processing. Rice ( Oryza sativa § 868.252 Definition of other terms. For the purposes of these standards, the following terms shall have the meanings stated below: (a) Broken kernels. (b) Brown rice. (c) Chalky kernels. (d) Classes. Long Grain Brown Rice for Processing. Medium Grain Brown Rice for Processing. Short Grain Brown Rice for Processing. Mixed Brown Rice for Processing. Classes shall be based on the percentage of whole kernels, broken kernels, and types of rice. (1) “Long-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of medium- or short-grain rice. (2) “Medium-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of long-grain rice or whole kernels of short-grain rice. (3) “Short-grain brown rice for processing” shall consist of brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and not more than 10.0 percent of whole or broken kernels of long-grain rice or whole kernels of medium-grain rice. (4) “Mixed brown rice for processing” shall be brown rice for processing which contains more than 25.0 percent of whole kernels of brown rice and more than 10.0 percent of “other types” as defined in paragraph (i) of this section. (e) Damaged kernels. (f) Heat-damaged kernels. (g) Milling yield. (h) Objectionable seeds. Echinochloa crusgalli (i) Other types. (i) Long grain rice in medium or short grain rice and medium or short grain rice in long grain rice, (ii) Medium grain rice in long or short grain rice, (iii) Short grain rice in long or medium grain rice, (2) Broken kernels of long grain rice in medium or short grain rice and broken kernels of medium or short grain rice in long grain rice. Note: Broken kernels of medium grain rice in short grain rice and broken kernels of short grain rice in medium grain rice shall not be considered other types. (j) Paddy kernels. 1/2 (k) Red rice. (l) Related material. (m) Seeds. (n) Smutty kernels. (o) Types of rice. Long grain Medium grain Short grain Types shall be based on the length/width ratio of kernels of rice that are unbroken and the width, thickness, and shape of kernels of rice that are broken as prescribed in FGIS instructions. (p) Ungelantinized kernels. (q) Unrelated material. (r) Well-milled kernels. (s) Whole kernels. (t) 6 plate. 6/64 (u) 6 1/2 1/2 [13 FR 9479, Dec. 31, 1948, as amended at 44 FR 73008, Dec. 17, 1979; 47 FR 34516, Aug. 10, 1982; 54 FR 21403, 21406, May 18, 1989; 54 FR 51344, Dec. 14, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] Principles Governing Application of Standards § 868.253 Basis of determination. The determination of kernels damaged by heat, heat-damaged kernels, parboiled kernels in nonparboiled rice, and the special grade Parboiled brown rice for processing shall be on the basis of the brown rice for processing after it has been milled to a well-milled degree. All other determinations shall be on the basis of the original sample. Mechanical sizing of kernels shall be adjusted by handpicking as prescribed in FGIS instructions, or by any method which gives equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, 21406, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.254 Broken kernels determination. Broken kernels shall be determined by the use of equipment and procedures prescribed in FGIS instructions, or by any method which gives equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 54 FR 21406, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.255 Interpretive line samples. Interpretive line samples showing the official scoring line for factors that are determined by visual observation shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for reference in all inspection offices that inspect and grade rice. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 54 FR 21406, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.256 Milling requirements. In determining milling yield (see § 868.252(g)) in brown rice for processing, the degree of milling shall be equal to, or better than, that of the interpretive line sample for “well-milled” rice. [42 FR 40869, Aug. 12, 1977. Redesignated at 21406, May 18, 1989, and further redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.257 Milling yield determination. Milling yield shall be determined by the use of an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the McGill Miller No. 3 and any other equipment that is approved by the Administrator as giving equivalent results. Note: Milling yield shall not be determined when the moisture content of the brown rice for processing exceeds 18.0 percent. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 54 FR 21406, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.258 Moisture. Water content in brown rice for processing as determined by an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the Motomco Moisture Meter and any other equipment that is approved by the Administrator as giving equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 54 FR 21406, May 18, 1989, and further redesignated at 60 FR 16364, Mar. 30, 1995] § 868.259 Percentages. (a) Rounding. (1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5. (2) When the figure to be rounded is followed by a figure less than 5, retain the figure, e.g., report 8.34 as 8.3 and 1.22 and 1.2. (b) Recording. [54 FR 21406, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.260 Information. Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator. [54 FR 21406, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] Grades, Grade Requirements, and Grade Designations § 868.261 Grade and grade requirements for the classes of brown rice for processing. (See also § 868.263.) Grade Maximum limits of— Paddy kernels Seeds and heat-damaged kernels Red rice and damaged kernels (singly or combined) (percent) Chalky kernels 1,2 Broken kernels removed by a 6 plate or a 6 1 2 3 Other types 4 Wellmilled kernels (percent) Percent Number in 500 grams Total (singly or combined) (number in 500 grams) Heat-damaged kernels (number in 500 grams) Objectionable seeds (number in 500 grams) U.S. No. 1 — 20 10 1 2 1.0 2.0 1.0 1.0 1.0 U.S. No. 2 2.0 — 40 2 10 2.0 4.0 2.0 2.0 3.0 U.S. No. 3 2.0 — 70 4 20 4.0 6.0 3.0 5.0 10.0 U.S. No. 4 2.0 — 100 8 35 8.0 8.0 4.0 10.0 10.0 U.S. No. 5 2.0 — 150 15 50 15.0 15.0 6.0 10.0 10.0 U.S. Sample grade U.S. Sample grade shall be brown rice for processing which (a) does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5, inclusive; (b) contains more than 14.5 percent of moisture; (c) is musty, or sour, or heating; (d) has any commercially objectionable foreign odor; (e) contains more than 0.2 percent of related material or more than 0.1 percent of unrelated material; (f) contains two or more live weevils or other live insects; or (g) is otherwise of distinctly low quality. 1 2 3 4 [56 FR 55979, Oct. 31, 1991. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] § 868.262 Grade designation and other certificate information. (a) Brown rice for processing. (1) The letters “U.S.;” (2) The number of the grade or the words “Sample grade,” as warranted; (3) The words “or better,” when applicable and requested by the applicant prior to inspection; (Approved by the Office of Management and Budget under control number 0580-0013) (4) The class; and (5) Each applicable special grade (see § 868.264). (b) Mixed Brown rice for Processing information. (1) The percentage of whole kernels of each type in the order of predominance; (2) The percentage of broken kernels of each type in the order of predominance, when applicable; and (3) The percentage of seeds, related material, and unrelated material. (c) Broken kernels. [74 FR 55442, Oct. 28, 2009] Special Grades, Special Grade Requirements, and Special Grade Designations § 868.263 Special grades and special grade requirements. A special grade, when applicable, is supplemental to the grade assigned under § 868.262. Such special grades for brown rice for processing are established and determined as follows: (a) Parboiled brown rice for processing. Note: The maximum limits for “chalky kernels,” “Heat-damaged kernels,” and “Kernels damaged by heat” shown in § 868.261 are not applicable to the special grade “Parboiled brown rice for processing.” (b) Smutty brown rice for processing. (c) Glutinous brown rice for processing. Note: The maximum limits for “Chalky kernels” in § 868.261 are not applicable to the special grade “Glutinous brown rice for processing.” (d) Aromatic brown rice for processing. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 56 FR 55979, Oct. 31, 1991; 58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995] § 868.264 Special grade designation. The grade designation for parboiled, smutty, glutinous, or aromatic brown rice for processing shall include, following the class, the word(s) “Parboiled,” “Smutty,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.262. [58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Subpart E—United States Standards for Milled Rice Note to the subpart: Compliance with the provisions of these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act, or other Federal laws. Source: 42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, unless otherwise noted. Redesignated at 60 FR 16364, Mar. 30, 1995. Terms Defined § 868.301 Definition of milled rice. Whole or broken kernels of rice ( Oryza sativa [48 FR 24859, June 3, 1983. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.302 Definition of other terms. For the purposes of these standards, the following terms shall have the meanings stated below: (a) Broken kernels. (b) Brown rice. (c) Chalky kernels. (d) Classes. Long Grain Milled Rice. Medium Grain Milled Rice. Short Grain Milled Rice. Mixed Milled Rice. The following three classes shall be based on the percentage of whole kernels and of broken kernels of different size: Second Head Milled Rice. Screenings Milled Rice. Brewers Milled Rice. (1) “Long grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of medium or short grain rice. U.S. No. 5 and U.S. No. 6 long grain milled rice shall contain not more than 10.0 percent of whole kernels of medium or short grain milled rice (broken kernels do not apply). (2) “Medium grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of long grain rice or whole kernels of short grain rice. U.S. No. 5 and U.S. No. 6 medium grain milled rice shall contain not more than 10.0 percent of whole kernels of long or short grain milled rice (broken kernels do not apply). (3) “Short grain milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and in U.S. Nos. 1 through 4 not more than 10.0 percent of whole or broken kernels of long grain rice or whole kernels of medium grain rice. U.S. No. 5 and U.S. No. 6 short grain milled rice shall contain not more than 10.0 percent of whole kernels of long or medium grain milled rice (broken kernels do not apply). (4) “Mixed milled rice” shall consist of milled rice which contains more than 25.0 percent of whole kernels of milled rice and more than 10.0 percent of “other types” as defined in paragraph (i) of this section. U.S. No. 5 and U.S. No. 6 mixed milled rice shall contain more than 10.0 percent of whole kernels of “other types” (broken kernels do not apply). (5) “Second head milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains: (i) Not more than ( a b c d (ii) Not more than ( a b 1/2 c (6) “Screenings milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains: (i) Not more than ( a b c (ii) Not more than ( a b 1/2 c 1/2 d (7) “Brewers milled rice” shall consist of milled rice which, when determined in accordance with § 868.303, contains not more than 25.0 percent of whole kernels and which does not meet the kernel-size requirements for the class Second Head Milled Rice or Screenings Milled Rice. (e) Damaged kernels. (f) Foreign material. (g) Heat-damaged kernels. (h) Objectionable seeds. Echinochloa crusgalli (i) Other types. Note: Broken kernels of medium grain rice in short grain rice and broken kernels of short grain rice in medium grain rice shall not be considered other types. (j) Paddy Kernels. 1/8 (k) Red rice. (l) Seeds. (m) Types of rice. Long grain. Medium grain. Short grain. Types shall be based on the length-width ratio of kernels of rice that are unbroken and the width, thickness, and shape of kernels that are broken, prescribed in FGIS instructions. (n) Ungelatinized kernels. (o) Well-milled kernels. Note: This factor is determined on an individual kernel basis and applies to the special grade Undermilled milled rice only. (p) Whole kernels. (q) 5 plate. 5/64 5/32 (r) 6 plate. 6/64 5/32 (s) 2 1/2 1/2 (t) 4 sieve. 4/64 1/8 (u) 5 sieve. 5/64 5/32 (v) 5 1/2 1/2 9/64 (w) 6 sieve. 6/64 5/32 (x) 6 1/2 1/2 5/32 (y) 30 sieve. [13 FR 9479, Dec. 31, 1948, as amended at 44 FR 73008, Dec. 17, 1979; 47 FR 34516, Aug. 10, 1982; 54 FR 21403, 21406, May 18, 1989; 54 FR 51345, Dec. 14, 1989. Redesignated and amended at 60 FR 16364, Mar. 30, 1995] Principles Governing Application of Standards § 868.303 Basis of determination. All determinations shall be on the basis of the original sample. Mechanical sizing of kernels shall be adjusted by handpicking, as prescribed in FGIS instructions, or by any method which gives equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, 21406, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.304 Broken kernels determination. Broken kernels shall be determined by the use of equipment and procedures prescribed in FGIS instructions or by any method which gives equivalent results. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982; 54 FR 21403, May 18, 1989. Redesignated at 54 FR 21406, May 18, 1989 and 60 FR 16364, Mar. 30, 1995] § 868.305 Interpretive line samples. Interpretive line samples showing the official scoring line for factors that are determined by visual observation shall be maintained by the Federal Grain Inspection Service, U.S. Department of Agriculture, and shall be available for reference in all inspection offices that inspect and grade rice. [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 47 FR 34516, Aug. 10, 1982. Redesignated at 54 FR 21406, May 18, 1989 and 60 FR 16364, Mar. 30, 1995] § 868.306 Milling requirements. The degree of milling for milled rice; i.e., [67 FR 61250, Sept. 30, 2002] § 868.307 Moisture. Water content in milled rice as determined by an FGIS approved device in accordance with procedures prescribed in FGIS instructions. [67 FR 61250, Sept. 30, 2002] § 868.308 Percentages. (a) Rounding. (1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5. (2) When the figure to be rounded is followed by a figure less than 5, retain the figure, e.g., report 8.34 as 8.3 and 1.22 and 1.2. (b) Recording. [54 FR 21406, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.309 Information. Requests for the Rice Inspection Handbook, Equipment Handbook, or for information concerning approved devices and procedures, criteria for approved devices, and requests for approval of devices should be directed to the U.S. Department of Agriculture, Federal Grain Inspection Service, P.O. Box 96454, Washington, DC 20090-6454, or any field office or cooperator. [54 FR 21407, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995] § 868.310 Grades and grade requirements for the classes Long Grain Milled Rice, Medium Grain Milled Rice, Short Grain Milled Rice, and Mixed Milled Rice. (See also § 868.315.) Grades, Grade Requirements, and Grade Designations Grade Maximum limits of— Color 1 Minimum 5 Seeds, heat Red rice and Chalky kernels 1,2 Broken kernels Other types 4 Total (number in 500 grams) Heat In long grain In Total (percent) Removed by a 5 plate 3 Removed by a 6 plate 3 Through a 6 sieve 3 Whole kernels (percent) Whole and U.S. No. 1 2 1 0.5 1.0 2.0 4.0 0.04 0.1 0.1 1.0 White or creamy Well Milled. U.S. No. 2 4 2 1.5 2.0 4.0 7.0 0.06 0.2 0.2 2.0 Slightly gray Well Milled. U.S. No. 3 7 5 2.5 4.0 6.0 15.0 0.1 0.8 0.5 3.0 Light gray Reasonably well milled. U.S. No. 4 20 15 4.0 6.0 8.0 25.0 0.4 1.0 0.7 5.0 Gray or slightly rosy Reasonably well milled. U.S. No. 5 30 25 5 10.0 10.0 35.0 0.7 3.0 1.0 10.0 Dark gray or rosy Reasonably well milled. U.S. No. 6 75 75 6 15.0 15.0 50.0 1.0 4.0 2.0 10.0 Dark gray or rosy Reasonably well milled. U.S. Sample grade: U.S. Sample grade shall be milled rice of any of these classes which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 6, inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor; (e) contains more than 0.1 percent of foreign material; (f) Contains two or more live or dead weevils or other insects, insect webbing, or insect refuse; (g) is otherwise of distinctly low quality. 1 2 3 4 5 6 [67 FR 61250, Sept. 30, 2002, as amended at 70 FR 37255, June 29, 2005] § 868.311 Grades and grade requirements for the class Second Head Milled Rice. (See also § 868.315.) Grades, Grade Requirements, and Grade Designations Grade Maximum limits of— Seeds, heat-damaged, and paddy kernels Red rice and Chalky kernels 1,3 Color requirements 1 Minimum 2 Total (number Heat-damaged kernels and objectionable seeds (number in 500 grams) U.S. No. 1 15 5 1.0 4.0 White or Creamy Well milled. U.S. No. 2 20 10 2.0 6.0 Slightly gray Well milled. U.S. No. 3 35 15 3.0 10.0 Light gray Reasonably well milled. U.S. No. 4 50 25 5.0 15.0 Gray or slightly gray Reasonably well milled. U.S. No. 5 75 40 10.0 20.0 Dark gray or rosy Reasonably well milled. U.S. Sample grade: U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5, inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor; (e) contains more than 0.1 percent of foreign material; (f) contains two or more live or dead weevils or other insects, insect webbing, or insect refuse; or (g) is otherwise of distinctly low quality. 1 2 3 [67 FR 61251, Sept. 30, 2002] § 868.312 Grade and grade requirements for the class Screenings Milled Rice. (See also § 868.315.) Grades, Grade Requirements, and Grade Designations Grade Maximum limits of— Paddy kernels and seeds Chalky kernels 1,3 Color requirements 1 Minimum milling 2 Total Objectionable seeds (number in 500 grams) U.S. No. 1 4,5 30 20 5.0 White or Creamy Well milled. U.S. No. 2 4,5 75 50 8.0 Slightly gray Well milled. U.S. No. 3 4,5 125 90 12.0 Light gray or slightly rosy Reasonably well milled. U.S. No. 4 4,5 175 140 20.0 Gray or rosy Reasonably well milled. U.S. No. 5 250 200 30.0 Dark gray or very rosy Reasonably well milled. U.S. Sample grade: U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5, inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor; (e) has a badly damaged or extremely red appearance (f) contains more than 0.1 percent of foreign material; (g) contains two or more live or dead weevils or other insects, insect webbing, or insect refuse; or (h) is otherwise of distinctly low quality. 1 2 3 4 5 [67 FR 61251, Sept. 30, 2002] § 868.313 Grades and grade requirements for the class Brewers Milled Rice. (See also § 868.315.) Grades, Grade Requirements, and Grade Designations Grade Maximum limits of— Color requirements 1 Minimum milling 2 Total (singly or combined) Objectionable seeds (percent) U.S. No. 1 3,4 0.5 0.05 White or Creamy Well milled. U.S. No. 2 3,4 1.0 0.1 Slightly gray Well milled. U.S. No. 3 3,4 1.5 0.2 Light gray or slightly rosy Reasonably well milled. U.S. No. 4 3,4 3.0 0.4 Gray or rosy Reasonably well milled. U.S. No. 5 5.0 1.5 Dark gray or very rosy Reasonably well milled. U.S. Sample grade: U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5, inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor; (e) has a badly damaged or extremely red appearance; (f) contains more than 0.1 percent of foreign material; (g) contains more than 15.0 percent of broken kernels that will pass through a 2 1 2 1 2 3 4 [67 FR 61252, Sept. 30, 2002] § 868.314 Grade designation and other certificate information. (a) Milled rice. (1) The letters “U.S.;” (2) The number of the grade or the words “Sample grade,” as warranted; (3) The words “or better,” when applicable and requested by the applicant prior to inspection; (Approved by the Office of Management and Budget under control number 0580-0013) (4) The class; and (5) Each applicable special grade (see § 868.316). (b) Mixed Milled rice information. (1) The percentage of whole kernels of each type in the order of predominance; (2) The percentage of broken kernels of each type in the order of predominance, when applicable; and (3) The percentage of seeds and foreign material. (c) Broken kernels. [74 FR 55442, Oct. 28, 2009] Special Grades, Special Grade Requirements, and Special Grade Designations § 868.315 Special grades and special grade requirements. A special grade, when applicable, is supplemental to the grade assigned under § 868.314. Such special grades for milled rice are established and determined as follows: (a) Coated milled rice. (b) Granulated brewers milled rice. 1/2 (c) Parboiled milled rice. Note: The maximum limits for “Chalky kernels,” “Heat-damaged kernels,” “Kernels damaged by heat,” and the “Color requirements” in §§ 868.310, 868.311, 868.312, and 868.313 are not applicable to the special grade “Parboiled milled rice.” (d) Undermilled milled rice. (e) Glutinous milled rice. Note: The maximum limits for “Chalky kernels,” shown in §§ 868.310, 868.311, and 868.312 are not applicable to the special grade “Glutinous milled rice.” (f) Aromatic milled rice. (Secs. 203, 205, 60 Stat. 1087, 1090 as amended; 7 U.S.C. 1622, 1624) [42 FR 40869, Aug. 12, 1977; 42 FR 64356, Dec. 23, 1977, as amended at 48 FR 24859, June 3, 1983; 54 FR 21403, 21407, May 18, 1989; 56 FR 55981, Oct. 31, 1991; 58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995; 67 FR 61252, Sept. 30, 2002] § 868.316 Special grade designation. The grade designation for coated, granulated brewers, parboiled, undermilled, glutinous, or aromatic milled rice shall include, following the class, the word(s) “Coated,” “Granulated,” “Parboiled Light,” “Parboiled,” “Parboiled Dark,” “Undermilled,” “Glutinous,” or “Aromatic,” as warranted, and all other information prescribed in § 868.314. [58 FR 68016, Dec. 23, 1993. Redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995]