Lapas attēli
PDF
ePub

whether it is an original, a duplicate, or other copy; (c) the name and location of the warehouse in which the nuts are or are to be stored; (d) the date of the certificate; (e) the location of the nuts at the time of inspection; (f) the identification number or mark of each package of nuts, if in packages, given in accordance with § 107.34; (g) the condition of the nuts for storage at the time of inspection; (h) that the certificate is issued by a licensed inspector, under the United States Warehouse Act and regulations thereunder; (i) a blank space designated for the purpose in which may be stated any general remarks on the condition of the nuts; and (j) the signature of such licensed inspector. In addition, the inspection certificate may include any other matter not inconsistent with the act or the regulations in this part, provided the approval of the Service is first secured.

§ 107.67

Combination certificate; use.

The grade, weight, and condition of any nuts, ascertained by a grader, a weigher, and an inspector may be stated on a certificate meeting the combined requirements of §§ 107.64-107.66, if the form of such certificate shall have been approved for the purpose by the Administrator.

§ 107.68 Copies of certificates to be kept.

Each grader, each weigher, and each inspector shall keep for a period of one year in a place accessible to persons financially interested a copy of each certificate issued by him under the regulations in this part and shall file a copy of each such certificate with the warehouse in which the nuts covered by the certificate are stored.

§ 107.69

Licensees to permit and assist in examination.

Each grader, each weigher, and each inspector shall permit any officer or agent of the Department of Agriculture, authorized by the Secretary for the purpose, to inspect or examine, on any business day during the usual hours of business, his books, papers, records, and accounts relating to the performance of his duties under the act and the regulations in this part, and shall, with the consent of the warehouseman concerned, assist any such officer or agent in the inspection or examination of records mentioned in § 107.39, as far as any

such inspection or examination relates to the performance of the duties of such grader, weigher, or inspector under the act and the regulations in this part. § 107.70 Reports.

Each grader, each weigher, and each inspector shall, from time to time, when requested by the Administrator, make reports on forms furnished for the purpose by the Service, bearing upon his activities as such grader, weigher, or inspector.

§ 107.71 Licenses; suspension; revoca. tion.

The

Pending investigation the Secretary may, whenever he deems necessary, suspend the license of a grader, weigher, or inspector temporarily without hearing. Upon a written request and a satisfactory statement of reasons therefor, submitted by the grader, weigher, or inspector, the Secretary may, without hearing, suspend or cancel the license issued to such grader, weigher, or inspector. Secretary may, after opportunity for hearing, when possible, has been afforded in the manner prescribed in this section, suspend or cancel a license issued to a grader, weigher, or inspector, when such grader, weigher, or inspector has in any manner become incompetent or incapacitated to perform the duties of a licensed grader, weigher, or inspector. As soon as it shall come to the attention of a licensed warehouseman that any of the conditions mentioned in this section exist, it shall be the duty of such warehouseman to notify in writing the Ad. ministrator. Before the license of any grader, weigher, or inspector is permanently suspended or revoked pursuant to section 12 of the act, such grader, weigher, or inspector shall be furnished by the Secretary, or by an official of the Department of Agriculture designated for the purpose, a written statement specifying the charges and shall be allowed a reasonable time within which he may answer the same in writing and apply for a hearing, an opportunity for which shall be afforded in accordance with § 107.83. § 107.72 Suspended or revoked license; return; termination of license.

(a) In case a license issued to a grader, weigher, or inspector is suspended, revoked, or canceled by the Secretary, such license shall be returned to the Secretary. At the expiration of any period of suspension of such license, unless in the

meantime it be revoked or canceled, the dates of the beginning and termination of the suspension shall be indorsed thereon, and it shall be returned to the licensed grader, licensed weigher, or licensed inspector to whom it was originally issued, and it shall be posted as prescribed in § 107.62: Provided, That in the discretion of the Administrator a new license may be issued without reference to such suspension.

(b) Any license issued under the act and the regulations in this part to a grader, weigher, or inspector shall automatically terminate as to any licensed warehouse whenever the license of such warehouse shall be revoked or canceled. Thereupon the license of such grader, weigher, or inspector shall be returned to the Secretary. In case such license shall apply to other warehouses the Secretary shall issue to him a new license, omitting the names of the warehouses covering which licenses have been so revoked or canceled. Such new licenses shall be posted as prescribed in § 107.62. § 107.73 Lost or destroyed licenses.

Upon satisfactory proof of the loss or destruction of a license issued to a licensed grader, licensed weigher, or licensed inspector, a duplicate thereof may be issued under the same or a new number, in the discretion of the Secretary.

§ 107.74 Unlicensed graders, weighers, inspectors; misrepresentation.

No person shall in any way represent himself to be a grader, weigher, or inspector, licensed under the act unless he holds an unsuspended, unrevoked, and uncanceled license issued under the act.

NUT GRADING

§ 107.75 Classification; statement.

Whenever the variety, grade, or condition of nuts is required to be or is stated for the purposes of this act and the regulations in this part, it shall be stated in accordance with §§ 107.76 and 107.78. § 107.76 Standards to be used.

Until such time as official peanut, walnut, filbert and/or pecan grades of the United States are in effect, the variety, grade, and condition of nuts shall be stated as far as applicable (a) in accordance with the State standards, if any, established in the State in which the warehouse is located, (b) in the absence of any State standards, in ac

cordance with the standards, if any, adopted by any peanut, walnut, filbert or pecan organization or by the peanut, walnut, filbert or pecan trade generally in the locality in which the warehouse is located, subject to the disapproval of the Administrator, or (c) in the absence of the aforesaid standards in accordance with any standards approved by the Administrator.

§ 107.77 Peanuts; statement of variety, grade, condition.

Whenever the variety, grade, or condition of the peanuts is stated for the purposes of this act and the regulations in this part, the terms used shall be correctly applied and shall be so selected as not to convey a false impression of the peanuts. In case of doubt as to the variety, grade, or condition of a given lot of peanuts a determination shall be made of such facts by drawing at least 6 samples of 5 pounds each, fairly representative of the contents of the car or 2 samples of 2 pounds each fairly representative of the contents of the wagon from the various parts of the carload or wagonload of peanuts offered for storage. The samples shall be thoroughly mixed and after being so mixed, from this mixture by quartering, not less than 100 grams shall be taken, which, after being hand shelled (in the case of varieties used for shelling purposes exclusively) shall constitute the sample for the purpose of determining the grade.

In the classification of grading of Virginia-type peanuts, or peanuts which may be sold to the consuming trade in the shell, the same method of sampling shall be used, except that samples of onehalf pound shall be taken from 10 percent of the sacks of peanuts from various parts of the lot offered for storage, and this sample shall constitute the sample for the purpose of determining the grade without shelling.

§ 107.78 Walnuts, filberts, pecans;

same.

Whenever the kind, grade, or other class or condition of walnuts, filberts, or pecans is stated for the purposes of this act and the regulations in this part, the terms used shall be correctly applied and shall be so selected as not to convey a false impression of the walnuts, filberts, or pecans. In case of doubt as to the kind, grade or condition of a given lot of walnuts, filberts

or pecans, a determination shall be made of such facts by drawing samples fairly representative of the contents of the lot of walnuts, filberts, or pecans offered for storage, the method of drawing such samples and the adequacy of the samples to be determined by representatives of the Service.

APPEAL OF GRADES

§ 107.79 Conditions and procedure of appeal.

(a) If a question arises as to whether the kind, grade, or condition of nuts was correctly stated in a receipt or inspection certificate issued under the act or the regulations in this part, the warehouseman concerned or any person financially interested in the nuts involved may, after reasonable notice to the other party, submit the question to the Administrator, who may appoint a committee to make a determination. The decision of the committee shall be final, unless the Administrator shall direct a review of the question. Immediately upon making its decision, the committee shall issue a certificate embodying its findings to the appellants and to the licensee or licensees involved.

(b) If the decision of the committee be that the kind, grade, or condition was not correctly stated, the receipt or certificate involved shall be returned to and be canceled by the licensee who issued it, and the licensee shall issue in lieu thereof a new receipt or certificate embodying therein the statement of kind, grade, or condition in accordance with the findings of the committee.

(c) All necessary and reasonable expenses of such determination shall be borne by the losing party, unless the Administrator or his representative shall decide that the expense shall be prorated between the parties.

MISCELLANEOUS

§ 107.80 Bond requirements.

Every person applying for a license or licensed under section 9 of the act shall, as such be subject to all portions of this part, except § 107.5, so far as they may relate to warehousemen. If there is a law of any State providing for a system of warehouses owned, operated, or leased by such State, a person applying for a license under section 9 of the act, to accept the custody of nuts and to store the same in any of said warehouses, may, in lieu of a bond or bonds, complying with §§ 107.

11 and 107.12, file with the Secretary a single bond meeting the requirements of the act and the regulations in this part, in such form and in such amount not less than $5,000, as he shall prescribe, to insure the performance by such person with respect to the acceptance of the custody of nuts and their storage in the warehouses in such system for which licenses are or may be issued, of his obligations arising during the periods of such licenses, and in addition, if desired by the applicant, during the periods of any modifications or extensions thereof. In fixing the amount of such bond consideration shall be given, among other appropriate factors, to the character of the warehouses involved, their actual or contemplated capacity, the bonding requirements of the State, and its liability with respect to such warehouses. If the Secretary shall find the existence of conditions warranting such action, there shall be added to the amount of the bond so fixed a further amount, fixed by him, to meet such conditions.

§ 107.81 Publications.

Publications under the act and the regulations in this part, shall be made in Service and Regulatory Announcements of the Agricultural Marketing Service, and such other media as the Administrator may from time to time designate for the purposes.

§ 107.82 Information of violations.

Every person licensed under the act shall immediately furnish the Administrator any information which comes to the knowledge of such persons tending to show that any provision of the act or the regulations in this part has been violated.

§ 107.83

Procedure in hearings.

For the purpose of hearings under the act or the regulations in this part, except those relating to appeals or arbitrations, the licensee involved shall be allowed a reasonable time within which affidavits and other proper evidence may be submitted. If requested by the licensee within such time, an oral hearing, of which reasonable notice shall be given, shall be held before, and at a time and place fixed by an official authorized by the Secretary. The testimony of the witnesses at such oral hearing shall be upon oath or affirmation administered by the official before whom the hearing is held, when required by

him. Such oral hearing may be adjourned by such official from time to time. After reasonable notice to all parties concerned, the deposition of any witness may be taken at a time and place and before a person designated for the purpose by the official before whom the hearing is held. Every written entry in the records of the Department made by an officer or employee thereof in the course of his official duty, which is relevant to the issue involved in a hearing, shall be admissible as prima facie evidence of the facts stated therein without the production of such officer or employee. Copies of all papers and all the evidence submitted or considered in such hearing shall be made a part of the records of the Department. At the end of the oral hearing, the parties shall be afforded an opportunity to file proposed findings of fact, conclusions of law, and orders, after which the official before whom the hearing is held shall prepare his report including his recommended findings of fact, conclusions of law, and order, which shall be served upon the parties, who may file exceptions thereto within a time specified by such official. After the expiration of such time, such report together with any proposed findings of fact, conclusions of law, and orders, and exceptions filed by the parties shall be transmitted to the Secretary for consideration. Each party shall pay all expenses contracted by him in connection with any hearing under this section. [13 F. R. 8730, Dec. 30, 1948]

§ 107.84 One document and one license to cover several products.

A license may be issued for the storage of two or more agricultural products in a single warehouse. Where such a license is desired a single application, inspection, bond, record, report or other paper, document or proceeding relating to such warehouse, shall be sufficient unless otherwise directed by the Administrator. [14 F. R. 3829, July 13, 1949]

§ 107.85 Bond, assets, and fees for combination warehouse.

Where such license is desired, the amount of the bond, net assets, and inspection and license fees shall be determined by the Administrator in accordance with the regulations applicable to the particular agricultural product which would require the largest bond and the greatest amount of net assets and of fees

[blocks in formation]
[blocks in formation]
[blocks in formation]

For the purpose of the regulations in this part, unless the context otherwise require, the following terms shall be construed, respectively, to mean:

(a) Sirups. Sugarcane sirup, maple sirup, or extracted honey, as defined in Service and Regulatory Announcement, Food, Drug and Cosmetic No. 2, Issued July 1944, by the Food and Drug Administration, Department of Health, Education, and Welfare.

(b) The act. The United States Warehouse Act, approved August 11, 1916 (39 Stat. 486, 7 U. S. C. 241–273), as amended.

(c) Person. An individual, corporation, partnership, or two or more persons having a joint or common interest.

(d) Secretary. The Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(e) Administrator. The Administrator of the Service or any other officer or employee of the Service to whom authority has heretofore lawfully been delegated, or to whom authority may hereafter lawfully be delegated, to act in his stead.

(f) Designated representative. The Administrator.

(g) Regulations. Regulations made under the act by the Secretary.

(h) Service. The Consumer and Marketing Service of the United States Department of Agriculture.

(1) Warehouse. Unless otherwise clearly indicated by the context, any suitable building, structure, or other protected inclosure in which sirup is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which sirup is or may be stored, and for which a license has been issued under the act.

« iepriekšējāTurpināt »