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Title 7Subtitle BChapter VIIISubchapter APart 800 → Subject Group


Title 7: Agriculture
PART 800—GENERAL REGULATIONS


Inspection Methods and Procedures

§800.80   Methods and order of performing official inspection services.

(a) Methods—(1) General. All official inspection services shall be performed in accordance with methods and procedures prescribed in the regulations and the instructions.

(2) Lot inspection services. A lot inspection service shall be based on a representative sampling and examination of the grain in the entire lot, except as provided in §800.85, and an accurate analysis of the grain in the sample.

(3) Stowage examination service. A stowage examination service shall be based on a thorough and accurate examination of the carrier or container into which grain will be loaded.

(4) Submitted sample inspection service. A submitted sample inspection service shall be based on a submitted sample of sufficient size to enable official personnel to perform a complete analysis for grade. If a complete analysis for grade cannot be performed because of an inadequate sample size or other conditions, the request for service shall be dismissed or a factor only inspection may be performed upon request.

(5) Reinspection and appeal inspection service. A reinspection, appeal inspection, or Board appeal inspection service shall be based on an independent review of official grade information, official factor information, or other information consistent with the scope of the original inspection.

(b) Order of service. Official inspection services shall be performed, to the extent practicable, in the order in which they are received. Priority shall be given to inspections required for export grain. Priority may be given to other kinds of inspection services under the Act with the specific approval of the Service.

(c) Recording receipt of documents. Each document submitted by or on behalf of an applicant for inspection services shall be promptly stamped or similarly marked by official personnel to show the date of receipt.

(d) Conflicts of interest. No official personnel shall perform or participate in performing an official inspection service on grain or on a carrier or container in which they have a direct or indirect financial interest.

[50 FR 49669, Dec. 4, 1985]

§800.81   Sample requirements; general.

(a) Samples for official sample-lot inspection service—(1) Original official sample-lot inspection service. For original sample-lot inspection purposes, an official sample shall be obtained by official personnel; representative of the grain in the lot; and protected from manipulation, substitution, and improper or careless handling.

(2) Official sample-lot reinspection and appeal inspection service. For an official sample-lot reinspection service or an official appeal sample-lot inspection service, the sample(s) on which the reinspection or appeal is determined shall (i) be obtained by official personnel and (ii) otherwise meet the requirements of paragraph (a)(1) of this section. If the reinspection or appeal inspection is determined on the basis of official file sample(s), the samples shall meet the requirements of §800.82(d).

(3) New sample. Upon request and if practicable, a new sample shall be obtained and examined as a part of a reinspection or appeal inspection. The provision for a new sample shall not apply if obtaining the new sample involves a change in method of sampling.

(b) Representative sample. A sample shall not be considered representative unless it (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. A sample which fails to meet the requirements of this paragraph may, upon request of the applicant, be inspected as a submitted sample.

(c) Protecting samples. Official personnel shall protect official samples, warehouseman's samples, and submitted samples from manipulation, substitution, or improper and careless handling which may deprive the samples of their representativeness or which may change the physical or chemical properties of the grain, as appropriate, from the time of sampling or receipt until the inspection services are completed and the file samples have been discarded.

(d) Restriction on sampling. Official personnel shall not perform an original inspection or a reinspection service on an official sample or a warehouseman's sample unless the grain from which the sample was obtained was located within the area of responsibility assigned to the agency or field office at the time of sampling, except as provided for in §800.117, or on a case-by-case basis as determined by the Administrator.

(e) Disposition of samples—(1) Excess grain. Any grain in excess of the quantity specified in the instructions for the requested service, the file samples, and samples requested by interested persons shall be returned to the lot from which the grain was obtained or to the owner of the lot or the owner's order.

(2) Inspection samples. Inspection samples, after they have served their intended purpose, shall be disposed of as follows:

(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—(1) Official sample-lot inspection service. Each original inspection service shall be performed on the basis of one or more official samples obtained by official personnel from grain in the lot and forwarded to the appropriate agency or field office.

(2) Warehouseman's sample-lot inspection. Each original warehouseman's sample-lot inspection service shall be performed on the basis of samples obtained by a licensed warehouseman and sent to the appropriate agency or field office in whose circuit the warehouse is located.

(3) Submitted sample service. Each original submitted sample inspection service shall be performed on the basis of the sample as submitted.

(b) Reinspection, and appeal inspection services—(1) Official sample-lot inspection service. Each of these inspection services shall be performed on the basis of official samples as available, including file samples, at the time the service is requested. In performing these services, a sample obtained with an approved diverter-type mechanical sampler or with a pelican sampler generally shall be used with respect to quality factors and official criteria, and a sample obtained with a probe at the time of the reinspection or appeal, generally, shall be used with respect to heating, musty, sour, insect infestation, and other condition and odor factors. In instances where original inspection results are based on samples obtained by probe, the decision as to whether file samples or new samples obtained by probe are to be used shall be made by the official personnel performing the service.

(2) Warehouseman's sample-lot inspection service. Each reinspection service and appeal inspection service on a warehouseman's sample shall be performed on an analysis of the official file sample.

(3) Submitted sample service. Each reinspection service and appeal inspection service on a submitted sample shall be performed on an analysis of the official file sample.

(c) Board appeal inspection services. Board appeal inspection services shall be performed on an analysis of the official file sample.

(d) Use of file samples—(1) Requirements for use. A file sample that is retained by official personnel in accordance with the procedures prescribed in the instructions may be considered representative for a reinspection service, appeal inspection service, and a Board appeal inspection service if (i) the file sample has remained at all times in the custody and control of the official personnel that performed the inspection service in question; and (ii) the official personnel who performed the original inspection service and those who are to perform the reinspection, the appeal inspection, or the Board appeal inspection service determine that the samples were representative at the time the original inspection service was performed and that the quality or condition of the grain in the samples has not changed.

(2) Certificate statement. When the results of a reinspection, appeal inspection, or Board appeal inspection service are based on an official file sample, the certificate for the reinspection service, the appeal inspection service, and the Board appeal inspection service shall show a statement, as specified in the instructions, indicating that the results are based on the official file sample.

[50 FR 49670, Dec. 4, 1985]

§800.83   Sampling provisions by kind of movement.

(a) Export cargo movements—(1) Bulk grain. Except as may be approved by the Administrator on a shipment-by-shipment basis in an emergency, each inspection for official grade, official factor, or official criteria on an export cargo shipment of bulk grain shall be performed on official samples obtained from the grain (i) as the grain is being loaded aboard the final carrier; (ii) after the final elevation of the grain prior to loading and as near to the final loading spout as is physically practicable (except as approved by the Administrator when representative samples can be obtained before the grain reaches the final loading spout); and (iii) by means of a diverter-type mechanical sampler approved by the Service and operated in accordance with instructions. If an approved diverter-type mechanical sampler is not properly installed at an elevator or facility as required, each certificate issued at that elevator or facility for an export cargo shipment of bulk grain shall show a statement indicating the type of approved sampling method used, as prescribed in the instructions.

(2) Sacked grain. Each inspection for official grade, official factor, or official criteria on an export cargo shipment of sacked grain shall be performed on official samples obtained from the grain by any sampling method approved by the Service and operated in accordance with instructions.

(b) Other movements. Each inspection for official grade, official factor, or official criteria on a domestic cargo movement (“In,” “Out,” or en route barge movement), a movement in a land carrier (any movement in a railcar, truck trailer, truck/trailer combination, or container), or a “LOCAL” movement of bulk or sacked grain shall be performed on official samples obtained from the grain by any sampling method approved by the Service and operated in accordance with the instructions.

[50 FR 49670, Dec. 4, 1985]

§800.84   Inspection of grain in land carriers, containers, and barges in single lots.

(a) General. The inspection of bulk or sacked grain loaded or unloaded from any carrier or container, except shiplot grain, must be conducted in accordance with the provision in this section and procedures prescribed in the instructions. Applicant must provide written instructions to official personnel, reflecting contract requirements for quality and quantity for the inspection of multiple carriers graded on a composite grade or average grade basis.

(b) Single and multiple grade procedure—(1) Single grade. When grain in a carrier(s) is/are offered for inspection as one lot and the grain is found to be uniform in condition, the grain must be sampled, inspected, graded, and certified as one lot. For the purpose of this paragraph, condition only includes the factors heating and odor.

(i) Composite grade. Grain loaded in multiple carriers offered for inspection may be combined into a single sample for grade analysis and certified as a single lot, provided that the grain in each individual carrier is inspected and found uniform in respect to odor, condition, and insect infestation, and sampling is performed at the individual loading location in a reasonably continuous operation. The maximum number of individual units that may be combined to form a composite grade analysis is 20 containers, 5 railcars, or 15 trucks. Composite analysis must be restricted to carriers inspected within the official service provider's area of responsibility.

(ii) Average grade. Grain loaded in multiple carriers offered for inspection may be graded individually, then averaged for certification as a single lot, provided that: the grain in each individual carrier is inspected and graded as an individual unit; the grain is found to be uniform in respect to odor, condition, and insect infestation; and sampling is performed at the individual loading location in a reasonably continuous operation. The maximum number of individual units that may be combined to form an average grade analysis is 20 containers, 5 railcars, or 15 trucks. Average grade analysis is restricted to carriers inspected within the official service provider's area of responsibility.

(2) Multiple grade. When grain in a carrier is offered for inspection as one lot and the grain is found to be not uniform in condition because portions of the grain are heating or have an odor, the grain in each portion will be sampled, inspected, and graded separately; but the results must be shown on one certificate. The certificate must show the approximate quantity or weight of each portion, the location of each portion in the carrier or container, and the grade of the grain in each portion. The requirements of this section are not applicable when an applicant requests that the grade of the entire carrier be based on a determination of heating or odor when only a portion of the carrier is found to be heating or have an odor.

(3) Infested. If any portion of grain in a lot is found to be infested, according to applicable provisions of the Official U.S. Standards for Grain, the entire lot shall be considered infested. When grain in railcars or trucks with permanently enclosed tops is considered infested, the applicant for inspection shall be promptly notified and given the option of (i) receiving a grade certificate with a special grade designation indicating that the entire lot is infested or (ii) fumigating the grain in the lot in accordance with instructions and receiving a grade certificate without the special grade designation.

(c) One certificate per carrier: exceptions. Except as provided in this paragraph, one official certificate must be issued for the inspection of the grain in each truck, trailer, truck/trailer(s) combination, container, railcar, barge, or similarly-sized carrier, or composite/average grade analysis on multiple carrier units. The requirements of this paragraph are not applicable:

(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. If grain in a carrier is offered for official inspection as two or more lots and the lots are separated by bulkheads or other partitions, the grain in each lot shall be sampled, inspected, and graded separately in accordance with paragraphs (a) and (b) of this section. An official certificate shall be issued for each lot inspected. Each certificate shall show the term “Bulkhead Lot,” the approximate quantity or weight of the grain in the lot, the location of the lot in the carrier, and the grade of the grain in the lot.

(e) Bottom not sampled. If bulk grain offered for official inspection is at rest in a carrier or container and is fully accessible for sampling in an approved manner, except that the bottom of the carrier or container cannot be reached with each probe, the grain shall be sampled as thoroughly as possible with an approved probe. The grain in the resulting samples shall be inspected, graded, and certificated, except that each certificate shall show a statement, as specified in the instructions, indicating the depth probed. Any inspection which is based on a sample that does not represent the entire carrier or container does not meet the mandatory inspection requirements of section 5(a)(1) of the Act.

(f) Partial inspection—heavily loaded—(1) General. When an “In” movement of bulk grain is offered for inspection at rest in a carrier or container and is loaded in such a manner that it is possible to secure only door-probe or shallow-probe samples, the container shall be considered to be “heavily loaded,” and the request for inspection either shall be dismissed or a partial inspection shall be made. If the request is for the inspection of an “Out” movement of grain, the request shall be dismissed on the grounds that the grain is not accessible for a correct “Out” inspection.

(2) Certification procedure. If a partial inspection is made, the grain will be sampled as thoroughly as possible with an approved probe and inspected, graded, and a “partial inspection—heavily loaded” certificate issued. The certificate shall show the words “Partial inspection—heavily loaded” in the space provided for remarks. The type of samples that were obtained shall be described in terms of “door probe” or “shallow probe.”

(3) Reinspection and appeal inspection procedure. A request for a reinspection or an appeal inspection service on grain in a carrier or container that is certificated as “partial inspection—heavily loaded” shall be dismissed in accordance with §800.48(a)(4).

(4) Restriction. No “partial inspection—heavily loaded” certificate shall be issued for sacked grain or any inspection other than the inspections described in paragraphs (f)(1) through (4) of this section and §800.85(h)(2).

(g) Part lots—(1) General. If a portion of the grain in a carrier or container is removed, the grain that is removed and the grain remaining shall be considered separate lots. When an official inspection service is requested on either portion, the grain shall be sampled, inspected, graded, and a “part-lot” inspection certificate issued.

(2) Grain remaining in carrier or container. The certificate for grain remaining in a carrier or container shall show (i) the following completed statement: “Partly unloaded; results based on portion remaining in (show carrier or container identification),” (ii) the term “Part lot” following the quantity information, (iii) the identification of the carrier or container, and (iv) the estimated amount and location of the part lot.

(3) Grain unloaded from carrier or container. If grain is sampled by official personnel during unloading, the certificate for the grain that is unloaded shall show (i) the completed statement: “Part lot; results based on portion removed from (show carrier identification)” and (ii) the term “Part lot” following the quantity information. If the grain is not sampled by official personnel during unloading, the certificate may, upon request of the applicant, show a completed statement such as “Applicant states grain is ex-car ” or “Applicant states grain is ex-barge ,” but the certificate shall not otherwise show a carrier or container identification or the term “Part lot.”

(h) Identification for compartmented cars. The identification for compartments in a compartmented railcar shall, in the absence of readily visible markings, be stated in terms of the location of the grain in a compartment, with the first compartment at the brake end of the car being identified as B-1, and the remaining compartments being numbered consecutively towards the other end of the car.

[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. The official inspection for grade of bulk or sacked grain loaded aboard, or being loaded aboard, or discharged from two or more carriers or containers (including barges designed for loading aboard a ship) as a combined lot shall be performed according to the provisions of this section and procedures prescribed in the instructions.

(b) Application procedure—(1) For inspection during loading, unloading, or at rest. Applications for official inspection of grain as a combined lot must:

(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. An application for recertification as a combined lot of grain that has been officially inspected and certificated as two or more single lots shall (i) be filed not later than 2 business days after the latest inspection date of the single lots and (ii) show information specified in paragraph (b)(1) of this section.

(c) Inspection procedure; general—land carriers and barges—(1) Inspection during loading, or unloading, or at rest. Grain in two or more land carriers or barges that are to be officially inspected as a combined lot, must be sampled in a reasonably continuous operation. Representative samples must be obtained from the grain in each individual carrier and inspected in accordance with procedures as prescribed in the instructions.

(2) Recertification. Grain that has been officially inspected and certified as two or more single, composite, or average quality lots may be recertified as a combined lot provided that:

(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. Official factor and official criteria information shown on a certificate for grain in a combined lot shall, subject to the provisions of paragraphs (e) through (g) of this section, be based on the weighted or mathematical averages of the analysis of the sublots in the lot and shall be determined in accordance with the instructions.

(e) Infested grain. If the grain in a combined lot is offered for official inspection as it is being loaded aboard a carrier and the grain, or a portion of the grain, in a lot is found to be infested, according to applicable provisions of the Official U.S. Standards for Grain, the applicant shall be notified and may exercise options specified in the instructions. When grain in railcars or trucks with permanently enclosed tops is considered infested, the applicant shall be given the option of (1) receiving a grade certificate with a special grade designation indicating that the entire lot is infested or (2) fumigating the grain in the lot in accordance with instructions and receiving a grade certificate without the special grade designation.

(f) Grain uniform in quality. Samples obtained from grain officially inspected as a combined lot shall be examined for uniformity of quality. If the grain in the samples is found to be uniform in quality and the grain is loaded aboard or is unloaded from the carriers in a reasonably continuous operation, the grain in the combined lot shall be officially inspected and certificated as one lot. The requirements of this paragraph (f) and paragraph (c) of this section with respect to reasonably continuous loading or unloading do not apply to grain which is at rest in carriers when the grain is offered for inspection.

(g) Grain not uniform in quality. When grain officially inspected as a combined lot is found to be not uniform in quality or if the grain is not loaded or unloaded in a reasonably continuous operation, the grain in each portion, and any grain which is loaded or unloaded at different times, shall be officially sampled, inspected, graded, and certificated as single lots.

(h) Special certification procedures—(1) Grain not uniform in quality. When grain in a combined lot is found to be not uniform in quality under paragraph (g) of this section, the official inspection certificate for each portion of different quality shall show (i) the grade, identification, and approximate quantity of the grain and (ii) other information required by the instructions.

(2) Partial inspection. When an inbound movement of bulk grain is offered for official inspection at rest as a combined lot and all carriers are not fully accessible for sampling, the request for official inspection either shall be dismissed or a combined lot inspection shall be made on those carriers that are accessible. Those lots that are not accessible shall be handled in accordance with §800.84. If the request is for an official inspection service on an outbound movement of grain at rest in a combined lot, the request shall be dismissed on the ground that the grain is not accessible for a correct “Out” inspection.

(3) Official mark. If grain in a combined lot is inspected for grade as it is being loaded aboard two or more carriers, upon request of the applicant, the following mark shall be shown on the inspection certificate: “Loaded under continuous official inspection” or “Loaded under continuous official inspection and weighing.”

(4) Combined-lot certification; general. Each official certificate for a combined-lot inspection service must show the identification for the “combined lot” or, at the request of the applicant, the identification of each carrier in the combined lot. If the identification of each carrier is not shown, the statement “Carrier identification available on the official work record” must be shown on the inspection certificate in the space provided for remarks. The identification and any seal information for the carriers may be shown in the Remarks section on the reverse side of the inspection certificate, provided that the statement “See reverse side” is shown on the face of the certificate in the space provided for remarks, or on an additional page.

(5) Recertification. If a request for a combined-lot inspection service is filed after the grain has been officially inspected and certified as single, composite, or average quality lots, the combined-lot inspection certificate must show, in addition to the requirements of paragraph (h)(4) of this section the following:

(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. After a combined-lot inspection certificate has been issued, there shall be no further combining and no dividing of the certificate.

(j) Limitation. No combined-lot inspection certificate shall be issued (1) for any official inspection service other than as described in this section or (2) which shows a quantity of grain in excess of the quantity in the single lots.

[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. Official inspection for grade of bulk or sacked grain aboard, or being loaded aboard, or being unloaded from a ship, unit train, or lash barges as a single lot shall be performed according to the provisions of this section and procedures prescribed in the instructions.

(b) Application procedure. Applications for the official inspection of shiplot, unit train, and lash barges as a single lot shall:

(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—(1) General information. Shiplot, unit train, and lash barge grain officially inspected as a single lot shall be sampled in a reasonably continuous operation. Representative samples shall be obtained from the grain offered for inspection and inspected and graded in accordance with a statistical acceptance sampling and inspection plan according to the provisions of this section and procedures prescribed in the instructions.

(2) Tolerances. The probability of accepting or rejecting portions of the lot during loading or unloading is dependent on inspection results obtained from preceding portions and the applied breakpoints and procedures. Breakpoints shall be periodically reviewed and revised based on new estimates of inspection variability. Tables 1 through 24 list the breakpoints for all grains.

Table 1—Grade Limits (GL) and Breakpoints (BP) for Six-Rowed Malting Barley

GradeMinimum limits of—Maximum limits of—
Test weight per bushel
(pounds)
Suitable
malting types
(percent)
Sound barley1
(percent)
Damaged
kernels1
(percent)
Wild oats
(percent)
Foreign
material
(percent)
Other grains
(percent)
Skinned and broken kernels
(percent)
Thin barley
(percent)
GLBPGLBPGLBPGLBPGLBPGLBPGLBPGLBPGLBP
U.S. No. 147.0−0.597.0−1.098.0−0.82.00.81.00.60.50.12.00.84.01.17.00.6
U.S. No. 245.0−0.597.0−1.098.0−0.83.00.91.00.61.00.43.00.96.01.410.00.9
U.S. No. 343.0−0.595.0−1.396.0−1.14.01.12.00.82.00.55.01.38.01.515.00.9
U.S. No. 443.0−0.595.0−1.393.0−1.15.01.33.00.93.00.65.01.310.01.615.00.9

1Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

Table 2—Grade Limits (GL) and Breakpoints (BP) for Two-Rowed Malting Barley

GradeMinimum limits of—Maximum limits of—
Test weight per bushel
(pounds)
Suitable
malting types
(percent)
Sound barley1
(percent)
Damaged
kernels1
(percent)
Wild oats
(percent)
Foreign
material
(percent)
Other grains
(percent)
Skinned and broken kernels
(percent)
Thin barley
(percent)
GLBPGLBPGLBPGLBPGLBPGLBPGLBPGLBPGLBP
U.S. No. 150.0−0.597.0−1.098.0−0.82.00.81.00.60.50.12.00.84.01.15.00.4
U.S. No. 248.0−0.597.0−1.098.0−0.83.00.91.00.61.00.43.00.96.01.47.00.5
U.S. No. 348.0−0.595.0−1.396.0−1.14.01.12.00.82.00.55.01.38.01.510.00.9
U.S. No. 448.0−0.595.0−1.393.0−1.15.01.33.00.93.00.65.01.310.01.610.00.9

1Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

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

GradeMinimum limits of—Maximum limits of—
Test weight per bushel (pounds)Sound barley (percent)Damaged kernels1 (percent)Heat damaged kernels (percent)Foreign material (percent)Broken kernels (percent)Thin barley (percent)
   GL     BPGL     BPGL     BPGL     BPGL     BPGL     BPGL     BP
U.S. No. 147.0   −0.597.0   −1.12.0   0.80.2   0.11.0   0.44.0   1.010.0   0.9
U.S. No. 245.0   −0.594.0   −1.44.0   1.00.3   0.12.0   0.48.0   1.515.0   0.9
U.S. No. 343.0   −0.590.0   −1.66.0   1.40.5   0.23.0   0.512.0   1.825.0   1.3
U.S. No. 440.0   −0.585.0   −2.28.0   1.51.0   0.54.0   0.518.0   1.835.0   1.9
U.S. No. 536.0   −0.575.0   −2.210.0   1.83.0   0.65.0   0.628.0   2.475.0   2.3

1Includes heat-damaged kernels. Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels.

Table 4—Breakpoints for Barley Special Grades and Factors

Special grade or factorGrade or range limitBreakpoint
DockageAs specified by contract or load order0.23
Two-rowed BarleyNot more than 10.0% of Six-rowed in Two-rowed1.8
Six-rowed BarleyNot more than 10.0% of Two-rowed in Six-rowed1.8
Malting (Blue Aleurone Layers)Not less than 90.0%−1.3
Malting (White Aleurone Layers)Not less than 90.0%−1.3
SmuttyMore than 0.20%0.06
Garlicky3 or more in 500 grams213
ErgotyMore than 0.10%0.13
InfestedSame as in §810.1070
BlightedMore than 4.0%1.1
Injured-by-Frost KernelsNot more than 1.9%0.1
Injured-by-Heat KernelsNot more than 0.2%0.04
Frost-damaged KernelsNot more than 0.4%0.05
Heat-damaged KernelsNot more than 0.1%0.1
Other GrainsNot more than 25.0%2.4
MoistureAs specified by contract or load order grade0.5

Table 5—Grade Limits (GL) and Breakpoints (BP) for Corn

GradeMinimum test weight per bushel (pounds)Maximum limits of—
Damaged kernels
Heat-damaged kernels (percent)Total (percent)Broken corn and foreign material (percent)
   GL         BPGL         BPGL         BPGL         BP
U.S. No. 156.0      −0.40.1         0.13.0         1.02.0         0.2
U.S. No. 254.0      −0.40.2         0.25.0         1.33.0         0.3
U.S. No. 352.0      −0.40.5         0.37.0         1.54.0         0.3
U.S. No. 449.0      −0.41.0         0.510.0         1.85.0         0.4
U.S. No. 546.0      −0.43.0         0.915.0         2.17.0         0.4

Table 6—Breakpoints for Corn Special Grades and Factors

Special grade or factorGrade limitBreakpoint
Flint95 percent or more of flint corn−1.0
Flint and DentMore than 5 percent, but less than 95 percent of flint corn1.0 or −1.0
InfestedSame as in §810.1070
Corn of other colors:
WhiteNot more than 2.0 percent0.8
YellowNot more than 5.0 percent1.0
Waxy95 percent or more−3.0
High BCFMAs specified by contract or load order grade10 percent of the load order grade
MoistureAs specified by contract or load order grade0.4

Table 7—Grade limits (GL) and Breakpoints (BP) for Flaxseed

GradeMinimum test weight per bushel (pounds)Maximum limits of-damaged kernels
Heat-damaged kernels (percent)Total (percent)
   GL         BPGL         BPGL         BP
U.S. No. 149.0      -0.10.2         0.110.0         0.9
U.S. No. 247.0      -0.10.5         0.115.0         1.1

Table 8—Breakpoints for Flaxseed Special Grades and Factors

Special grade or factorGrade limitBreakpoint
MoistureAs specified by load order or contract grade0.4
Dockage0.99 percent or above0.32

Table 9—Grade Limits (GL) and Breakpoints (BP) for Mixed Grain

GradeMaximum Limits of—
Moisture (percent)Damaged kernels
Total (percent)Heat-damaged kernels (percent)
      GL         BPGL         BP
U.S. Mixed Grain16.015.0         0.63.0         0.4

Note: There is no tolerance for U.S. Sample grade Mixed Grain.

Table 10—Breakpoints for Mixed Grain Special Grades and Factors

Special grade or factorGrade limitBreakpoint
Smutty15 or more in 250 grams (wheat, rye, or triticale predominates)6
   More than 0.2% (all other mixtures)0.05
ErgotyMore than 0.30% (rye wheat predominates)0.13
   More than 0.10% (all other mixtures)0
Garlicky2 or more per 1,000 grams (wheat, rye, or triticale predominates)1
   4 or more per 500 grams (all other mixtures)2
InfestedSame as in §810.1070
BlightedMore than 4.0% (barley predominates)1.1
TreatedSame as in §810.8050
MoistureAs specified by contract or load order grade0.5

Table 11—Grade Limits (GL) and Breakpoints (BP) for Oats

GradeMinimum limits of—Maximum limits of—
Test weight per bushel (pounds)Sound Oats (percent)Heat-damaged kernels (percent)Foreign material (percent)Wild Oats (percent)
   GL         BPGL         BPGL         BPGL         BPGL         BP
U.S. No. 136.0      −0.597.0      −0.80.1         0.12.0         0.42.0         0.6
U.S. No. 233.0      −0.594.0      −1.20.3         0.43.0         0.43.0         0.8
U.S. No. 3130.0      −0.590.0      −1.41.0         0.54.0         0.55.0         1.1
U.S. No. 4227.0      −0.580.0      −1.93.0         0.85.0         0.510.0         1.4

1Oats that are Slightly Weathered shall be graded not higher than U.S. No. 3.

2Oats that are Badly Stained or Materially Weathered shall be graded not higher than U.S. No. 4.

Table 12—Breakpoints for Oats Special Grades and Factors

Special grade or factorsGrade limitBreakpoint
Heavy38 pounds or more−0.5
Extra Heavy40 pounds or more−0.5
MoistureAs specified by contract or load order grade0.5
ThinMore than 20.0%0.5
SmuttyMore than 0.2%0.05
ErgotyMore than 0.10%0.10
Garlicky4 or more in 500 grams213
InfestedSame as in §810.1070
BleachedSame as in §810.10050

Table 13—Grade Limits (GL) and Breakpoints (BP) for Rye

GradeMinimum test weight per bushel (pounds)Maximum limits of—
Foreign MaterialDamaged kernels(percent)Thin rye (percent)
Foreign matter other than wheat (percent)Total (percent)Heat-damaged (percent)Total (percent)
   GL              BPGL         BPGL         BPGL         BPGL         BPGL         BP
U.S. No. 156.0         −0.51.0         0.43.0         0.80.2         0.12.0         0.810.0         0.6
U.S. No. 254.0         −0.52.0         0.56.0         1.10.2         0.14.0         1.115.0         0.8
U.S. No. 352.0         −0.54.0         0.810.0         1.40.5         0.47.0         1.425.0         0.9
U.S. No. 449.0         −0.56.0         0.810.0         1.43.0         0.815.0         2.0

Table 14—Breakpoints for Rye Special Grades and Factors

Special grade or factorGrade limitBreakpoint
MoistureAs specified by contract or load order grade0.3
Light Garlicky2 or more per 1,000 grams113
GarlickyMore than 6 per 1,000 grams713
ErgotyMore than 0.30%0.10
PlumpNot more than 5.0% through 0.064 × 3/8 sieve0.5
Light SmuttyMore than 14 per 250 grams6
SmuttyMore than 30 per 250 grams10
InfestedSame as in §810.1070
DockageAs specified by contract or load order grade0.2

Table 15—Grade Limits (GL) and Breakpoints (BP) for Sorghum

GradeMinimum test weight per bushel
(pounds)
Maximum limits of—
Damaged kernelsBroken kernels and foreign material
Heat-damaged
(percent)
Total
(percent)
Total
(percent)
Foreign
material
(percent)
   GL      BPGL      BPGL      BPGL      BPGL      BP
U.S. No. 157.0   −0.40.2      0.1  2.0      1.1  3.0      0.51.0      0.4
U.S. No. 255.0   −0.40.5   −0.4  5.0      1.8  6.0      0.62.0      0.5
U.S. No. 3153.0   −0.41.0      0.510.0      2.3  8.0      0.73.0      0.6
U.S. No. 451.0   −0.43.0      0.815.0      2.810.0      0.84.0      0.7

1Sorghum that is distinctly discolored shall be graded not higher than U.S. No. 3.

Table 16—Breakpoints for Sorghum Special Grades and Factors

Special grade or factorsGrade limitBreakpoint
Class TanninNot less than 90.0%−1.9
SorghumNot less than 97.0%−1.0
WhiteNot less than 98.0%−0.9
Smutty20 or more in 100 grams8
InfestedSame as in §810.1070
Dockage0.99% and above0.32
MoistureAs specified by contract or load order grade0.5

Table 17—Grade Limits (GL) and Breakpoints (BP) for Soybeans

GradeMaximum limits of—
Damaged kernelsForeign material (percent)Splits (percent)Soybeans of other colors (percent)
Heat-damaged (percent)Total (percent)GLBPGLBPGLBP
GLBPGLBP
U.S. No. 10.20.22.00.81.00.210.01.61.00.7
U.S. No. 20.50.33.00.92.00.320.02.22.01.0
U.S. No. 311.00.55.01.23.00.430.02.55.01.6
U.S. No. 423.00.98.01.55.00.540.02.710.02.3

1 Soybeans that are purple mottled or stained which will not be graded higher than U.S. No. 3.

2 Soybeans that are materially weathered which will not be graded not higher than U.S. No. 4.

Table 18—Breakpoints for Soybean Special Grades and Factors

Special grade or factorGrade limitBreakpoint
Garlicky5 or more per 1,000 grams2
InfestedSame as in §810.1070
Soybeans of other colorsNot more than 10.0%2.3
MoistureAs specified by contract or load order grade0.3
Test WeightAs specified by contract or load order−0.4

Table 20—Breakpoints for Sunflower Seed Special Grades and Factors

Special grade or factorGrade limitBreakpoint
MoistureAs specified by contract or load order grade0.5
Foreign Material1.25% and less0.27
   1.26% and above0.39
AdmixtureAs specified by contract or load order grade0.6

Table 21—Grade Limits (GL) and Breakpoints (BP) for Triticale

GradeMinimum test weight per bushel (percent)Maximum limits of—
Damaged kernelsForeign materialShrunken and broken kernels (percent)Defects3 (percent)
Heat-damaged (percent)Total1 (percent)Material other than wheat or rye (percent)Total2 (percent)
   GL         BPGL         BPGL         BPGL         BPGL         BPGL         BPGL         BP
U.S. No. 148.0      -0.50.2         0.12.0         0.81.0         0.42.0         0.65.0         0.85.0         1.3
U.S. No. 245.0      -0.50.2         0.14.0         1.12.0         0.54.0         0.98.0         0.88.0         1.3
U.S. No. 343.0      -0.50.5         0.48.0         1.53.0         0.67.0         1.212.0         1.612.0         2.3
U.S. No. 441.0      -0.53.0         0.815.0         2.04.0         0.810.0         1.420.0         2.320.0         2.3

1Includes heat-damaged kernels.

2Includes material other than wheat or rye.

3Defects includes damaged kernels (total), foreign material (total), and shrunken and broken kernels. The sum of these three factors may not exceed the limit for defects for each numerical grade.

Table 22—Breakpoints for Triticale Special Grades and Factors

Special grade or factorGrade limitBreakpoint
Garlicky2 or more per 1,000 grams113
ErgotyMore than 0.10%0.1
SmuttyMore than 14 per 250 grams6
InfestedSame as in §810.1070
Dockage0.99% or above0.32
MoistureAs specified by contract or load order grade0.5

Table 23—Grade Limits (GL) and Breakpoints (BP) for Wheat

GradeMinimum limits of—Maximum limits of—
Test weight per bushelDamaged kernelsForeign material (percent)Shrunken and broken kernels (percent)Defects3 (percent)Wheat of other classes4
Hard red spring wheat or white club wheat1 (pounds)All other classes and subclasses (pounds)Heat-damaged kernels (percent)Total2 (percent)Contrasting classes (percent)Total5 (percent)
GL BPGL BPGL BPGL BPGL BPGL BPGL BPGL BPGL BP
U.S. No. 158.0 −0.360.0 −0.30.2 0.22.0 1.00.4 0.23.0 0.33.0 0.71.0 0.73.0 1.6
U.S. No. 257.0 −0.358.0 −0.30.2 0.24.0 1.50.7 0.35.0 0.45.0 0.92.0 1.05.0 2.1
U.S. No. 355.0 −0.356.0 −0.30.5 0.37.0 1.91.3 0.48.0 0.58.0 1.23.0 1.310.0 2.9
U.S. No. 453.0 −0.354.0 −0.31.0 0.410.0 2.33.0 0.612.0 0.612.0 1.410.0 2.310.0 2.9
U.S. No. 550.0 −0.351.0 −0.33.0 0.715.0 2.75.0 0.720.0 0.720.0 1.510.0 2.310.0 2.9

1These requirements also apply when Hard Red Spring or White Club wheat predominate in a sample of Mixed wheat.

2Includes heat-damaged kernels.

3Defects include damaged kernels (total), foreign material, and shrunken and broken kernels. The sum of these factors may not exceed the limit for defects for each numerical grade.

4Unclassed wheat of any grade may contain not more than 10.0 percent of wheat of other classes.

5Includes contrasting classes.

Table 24—Breakpoints for Wheat Special Grades and Factors

Special grade or factorGrade limitBreakpoint
MoistureAs specified by contract or load order grade0.3
GarlickyMore than 2 bulblets per 1,000 grams113
Light smuttyMore than 5 smut balls per 250 grams3
SmuttyMore than 30 smut balls per 250 grams10
InfestedSame as in §810.1070
ErgotyMore than 0.05%0.03
TreatedSame as in §810.22040
DockageAs specified by contract or load order grade0.2
ProteinAs specified by contract or load order grade0.5
Class and Subclass
Hard red spring:
DNS75% or more DHV−5.0
NS25% or more DHV but less than 75% DHV−5.0
Durum:
HADU75% or more HVAC−5.0
ADU60% or more HVAC but less than 75% of HVAC−5.0
Soft white:
SWHNot more than 10% white club wheat2.0
WHCBNot more than 10% of other soft white wheat2.0
WWHMore than 10% WHCB and more than 10% of other soft white wheat−3.0

(3) Grain accepted by the inspection plan. Grain which is offered for inspection as part of a single lot and accepted by a statistical acceptance sampling and inspection plan according to the provisions of this section and procedures prescribed in the instructions shall be certificated as a single lot provided it was sampled in a reasonably continuous operation. Official factor and official criteria information shown on the certificate shall be based on the weighted or mathematical averages of the analysis of sublots.

(4) Grain rejected by the inspection plan. When grain which is offered for inspection as part of a single lot is rejected by the plan or is not sampled in a reasonably continuous operation, the grain in each portion shall be certificated separately. If any portion of grain is not accepted by the plan and designated a material portion, the applicant shall be promptly notified and have the option of:

(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. A reinspection or an appeal inspection may be requested on a material portion. A Board appeal inspection may also be requested on a material portion after the reinspection or appeal inspection. A reinspection, an appeal inspection, and a Board appeal inspection may be requested on the total sublots in the lot.

(i) Material portions. A material portion designated by the plan may be reinspected or appeal inspected once in the field, but not both, and once at the Board of Appeals and Review. The reinspection or appeal inspection result shall, unless a material error is found, be averaged with the original inspection determination. The Board appeal inspection result shall, unless a material error is found, be averaged with the previous inspection result. The inspection plan tolerances shall be reapplied to the material portion grain to determine acceptance or rejection. If a material error is found, the reinspection or appeal inspection result shall replace the original inspection result or the Board appeal result shall replace the previous inspection result. For purposes of this section, a material error is defined as results differing by more than two standard deviations. Acceptance or rejection of that portion of grain shall be based on the reinspection or appeal inspection and on the Board appeal inspection result alone when a material error is found.

(ii) Entire lot. The applicant may request a reinspection service, an appeal inspection service, and a Board appeal inspection service on the entire lot. Inspection results for these services shall replace the previous inspection results. The tolerances shall be reapplied to all portions of the entire lot to determine acceptance or rejection.

(d) Infested grain—(1) Available options. If gain or any portion of grain in a single shiplot, unit train, or lash barge lot is found to be infested, according to the provisions of the Official U.S. Standards for Grain, the applicant shall be promptly notified and have the option of:

(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. If infested grain in loaded into common stowage with a lot, or a portion of a lot, which has not been officially certificated as being infested, the applicant loading the infested grain may not use the option in paragraph (d)(1)(i) of this section.

(3) With treatment. If infested grain is treated with a fumigant in accordance with the instructions and the treatment is witnessed by official personnel, the official sampling, inspection, grading, and certification of the lot shall continue as though the infested condition did not exist.

(e) Special certification procedures—(1) Rejected grain. When grain is rejected by the inspection plan under paragraph (c)(4) of this section, the official inspection certificate for each different portion of different quality shall show:

(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. (i) Without separation. When bulk grain is offered for official inspection as it is loaded aboard a ship and is loaded without separation in a stowage area with other grain or another commodity, the official inspection certificate for the grain in each lot shall show the kind, the grade, if known, and the location of the other grain, or the kind and location of the other commodity in the adjacent lots.

(ii) With separation. When separations are laid between lots, the official inspection certificates shall show the kind of material used in the separations and the locations of the separations in relation to each lot.

(iii) Exception. The common stowage requirements of this paragraph are not applicable to the first lot in a stowage area unless a second lot is loaded, in whole or in part, in the stowage area prior to issuing the official inspection certificate for the first lot.

(3) Protein. A special statement indicating the actual protein range of a lot shall be shown on the official inspection certificate if the difference between the lowest and highest protein determinations for the lot exceeds 1.0 percent when protein is officially determined and a specific range limit is not established by the contract grade.

(4) Part lot. If part of a lot of grain in an inbound carrier is unloaded and part is left in the carrier, the unloaded grain shall be officially inspected and certificated in accordance with the provisions of §800.84(g).

(5) Official mark. If the grain in a single lot is officially inspected for grade as it is being loaded, upon request, the following official mark shall be shown on the inspection certificate: “Loaded under continuous official inspection.”

[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]

§800.87   New inspections.

(a) Identity lost. An applicant may request official personnel to perform a new original inspection service on an identified lot of grain, or on an identified carrier or container, if the identity of the lot or the carrier or container has been lost.

(b) Identity not lost. If the identity of the grain or the carrier or container is not lost, a new original inspection shall not be performed on the same identified lot of grain or carrier or container in the same assigned area of responsiblity within 5 business days after the last official inspection.

[50 FR 49674, Dec. 4, 1985]

§800.88   Loss of identity.

(a) Lots. Except as noted in paragraph (d) of this section, the indentity of a lot of grain shall be considered lost if (1) a portion of the grain is unloaded, transferred, or otherwise removed from the carrier or container in which the grain was located at the time of the original inspection; or (2) a portion of grain or other material, including additives, is added to the lot after the orginal inspection was performed, unless the addition of the additive was performed in accordance with the regulations and the instructions. At the option of official personnel performing a reinspection, appeal inspection, or Board appeal inspection service, the identity of grain in a closed carrier or container shall be considered lost if the carrier or container is not sealed or if the seal record is incomplete.

(b) Carriers and containers. The indentity of a carrier or container shall be considered lost when (1) the stowage area is cleaned, painted, treated, fumigated, or fitted after the original inspection was performed; or (2) the identification of the carrier or container has been changed since the original inspection was performed.

(c) Submitted samples. The identity of a submitted sample of grain shall be considered lost when (1) the identifying number, mark, or symbol for the sample is lost or destroyed or (2) the samples have not been retained and protected by official personnel as prescribed in the instructions.

(d) Additives.1 If additives are applied during loading to outbound, including export, grain after sampling or during unloading to inbound grain before sampling for the purpose of insect or fungi control, dust suppression, or identification, the inspection certificate shall show a statement showing the type and purpose of the additive application, except that no statement is required to be shown when the additive is a fumigant applied for the purpose of insect control.

1Elevators, other handlers of grain, and their agents are responsible for the additive's proper usage and application. Compliance with this section does not excuse compliance with applicable Federal, State, and local laws.

[52 FR 6495, Mar. 4, 1987, as amended at 58 FR 3212, Jan. 8, 1993; 59 FR 52077, Oct. 14, 1994]

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