[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          7


          Parts 27 to 52

                         Revised as of January 1, 2004


          Agriculture
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2004
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
                              (202) 512-1800
      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    Subtitle B--Regulations of the Department of Agriculture
          Chapter I--Agricultural Marketing Service 
          (Standards, Inspections, Marketing Practices), 
          Department of Agriculture                                  5
  Finding Aids:
      Material Approved for Incorporation by Reference........     597
      Table of CFR Titles and Chapters........................     599
      Alphabetical List of Agencies Appearing in the CFR......     617
      List of CFR Sections Affected...........................     627

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 27.1 refers to 
                       title 7, part 27, section 
                       1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2004), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll free, 
866-512-1800 or DC area, 202-512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2250, 24 hours a day. For payment by check, 
write to the Superintendent of Documents, Attn: New Orders, P.O. Box 
371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-
512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.gpoaccess.gov/nara 
(``GPO Access''). For more information, contact Electronic Information 
Dissemination Services, U.S. Government Printing Office. Phone 202-512-
1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2004.

[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2004.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199. Part 900--General Regulations is carried as a note in the 
volume containing parts 1000-1199, as a convenience to the user.

[[Page x]]




[[Page 1]]



                          TITLE 7--AGRICULTURE



                   (This book contains parts 27 to 52)

  --------------------------------------------------------------------
                                                                    Part

        SUBTITLE B--Regulations of the Department of Agriculture

chapter i--Agricultural Marketing Service (Standards, 
  Inspections, Marketing Practices), Department of 
  Agriculture...............................................          27

[[Page 3]]

        Subtitle B--Regulations of the Department of Agriculture

[[Page 5]]



              CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\


---------------------------------------------------------------------------

  \1\ Includes matters within the responsibility of the Federal Grain 
Inspection Service.
---------------------------------------------------------------------------



              (Standards, Inspections, Marketing Practices)






                        DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------

  SUBCHAPTER A--COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS
Part                                                                Page
27              Cotton classification under cotton futures 
                    legislation.............................           7
28              Cotton classing, testing, and standards.....          22
29              Tobacco inspection..........................          55
30              Tobacco stocks and standards................         168
31              Purchase of wool and wool top samples.......         175
32              Purchase of grease mohair and mohair top 
                    samples.................................         176
33              Export apples and pears.....................         177
34              [Reserved]
35              Export grapes and plums.....................         182
36              Procedures by which the agricultural 
                    marketing service develops, revises, 
                    suspends, or terminates voluntary 
                    official grade standards................         185
37              Program to assess organic certifying 
                    agencies................................         186
38-41           [Reserved]
42              Standards for condition of food containers..         190
43              Standards for sampling plans................         235
44-45           [Reserved]

     SUBCHAPTER B--MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES
46              Regulations (other than rules of practice) 
                    under the Perishable Agricultural 
                    Commodities Act, 1930...................         255
47              Rules of practice under the Perishable 
                    Agricultural Commodities Act............         291

[[Page 6]]

48              Regulations of the Secretary of Agriculture 
                    for the enforcement of the Produce 
                    Agency Act..............................         310
50              Rules of practice governing withdrawal of 
                    inspection and grading services.........         312
SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING 
                               ACT OF 1946
51              Fresh fruits, vegetables and other products 
                    (inspection, certification and 
                    standards)..............................         314
52              Processed fruits and vegetables, processed 
                    products thereof, and certain other 
                    processed food products.................         521

Cross References: Animal and Plant Health Inspection Service, Department 
  of Agriculture, see 7 CFR Chapter III, 9 CFR Chapter I.

  Commodity Futures Trading Commission, see 17 CFR Chapter I.

  Commodity Credit Corporation, Department of Agriculture, see 7 CFR 
Chapter XIV.

  Customs Service, Department of the Treasury, see 19 CFR Chapter I.

  Farm Credit Administration, see 12 CFR Chapter VI.

  Farmers Home Administration, Department of Agriculture, see 7 CFR 
Chapter XVIII.

  Federal Crop Insurance Corporation, Department of Agriculture, see 7 
CFR Chapter IV.

  Fish and Wildlife Service, Department of the Interior, see 50 CFR 
Chapters I and IV.

  Food and Drug Administration, Department of Health and Human Services, 
see 21 CFR Chapter I.

  Food Safety and Inspection Service, Meat and Poultry Inspection, 
Department of Agriculture, see 9 CFR Chapter III.

  Forest Service, Department of Agriculture, see 36 CFR Chapter II.

  Rural Electrification Administration, Department of Agriculture, see 7 
CFR Chapter XVII.

  Soil Conservation Service, Department of Agriculture, see 7 CFR 
Chapter VI.

  United States International Trade Commission, see 19 CFR Chapter II.

Note: Other regulations issued by the Department of Agriculture appear 
  in Chapters II to XLI of Title 7, Chapters I to III of Title 9, and 
  Chapter II of Title 36.

[[Page 7]]



   SUBCHAPTER A_COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS





PART 27_COTTON CLASSIFICATION UNDER COTTON FUTURES LEGISLATION
--Table of Contents




                          Subpart A_Regulations

                               Definitions

Sec.
27.1 Meaning of words.
27.2 Terms defined.

                                 General

27.3 Requirements of subsection 15b(f) of the Act.
27.4 Obligations and rights under Act: not affected by regulations.
27.5 Effect of amendments.

                             Administration

27.8 Director.
27.9 Marketing Services Offices; Grading Section.
27.10 Supervision of cotton inspection, weighing, sampling; and other 
          duties.
27.11 Area Director, Marketing Services Office; responsibility.

                         Classification Requests

27.12 Classification request for each lot of cotton.
27.13 Micronaire determination request incidental to classification 
          request.
27.14 Filing of classification and Micronaire determination requests.
27.15 Withdrawal or rejection of classification or Micronaire 
          determination requests.

                         Inspection and Samples

27.16 Inspection; weighing; samples; supervision.
27.18 Persons not to be employed for inspection or sampling.
27.20 Drawing and handling of samples of cotton; inspection of bales.
27.21 Preparation of samples of cotton.
27.22 Wrapping and marking of samples of cotton.
27.23 Duplicate sets of samples of cotton.
27.24 Delivery of samples of cotton.
27.25 Additional samples of cotton; drawing.
27.28 Disposition of samples.

              Classification and Micronaire Determinations

27.31 Classification of Cotton.
27.32 Order of classification.
27.33 Exposing of samples for classification.
27.34 Classification procedure.
27.35 Lower class of two samples to prevail.
27.36 Classification and Micronaire determinations based on official 
          standards.
27.37 Cotton reduced in grade.
27.38 Terms defined for purposes of classification.

                        Cotton Class Certificates

27.39 Issuance of certificates.
27.40 New certificates; conditions of issuance.
27.41 Lost certificate; duplicate.
27.42 Surrender of certificate.
27.43 Validity of cotton class certificates.
27.44 Invalidity of cotton class certificates.
27.45 No storage of cotton for classification at disapproved place.
27.46 Cotton withdrawn from storage.
27.47 Tender or delivery of cotton; conditions.

                          Delayed Certification

27.52 Delivery without certification.
27.53 Notice for delayed certification; requirements.
27.54 Inspection and sampling for delayed certification.
27.55 Requirements in lieu of cotton class certificates on delivery day.

                        Postponed Classification

27.57 Request for postponement.
27.58 Postponed classification; must be within 30 days.
27.59 Postponed classification; interference.
27.60 When original request deemed withdrawn.

          Classification Reviews, and Micronaire Determinations

27.61 One review of classification.
27.62 Conditions for review of classification and for incidental 
          Micronaire determination for original applicant.
27.63 Conditions for review of classification and for Micronaire 
          determination for receiver.
27.64 Application for review of classification and for Micronaire 
          determination; filing.
27.65 Completion of review of classification.
27.66 Dismissal of application for review.
27.67 Use of new samples in reviews and Micronaire determinations.
27.69 Classification review; notations on certificate.
27.72 Withdrawal of application for review.

                           Transfers of Cotton

27.73 Supervision of transfers of cotton.

[[Page 8]]

                 Costs of Classification and Micronaire

27.80 Fees; classification, Micronaire and supervision.
27.81 Fees; certificates.
27.83 No fees for certain certificates.
27.85 Fees; withdrawn requests or applications.
27.87 Fees; classification and Micronaire determination information.
27.89 Expenses; inspection; sampling.
27.90 Bills for payment of fees and expenses.
27.91 Advance deposit may be required.
27.92 Method of payment: advance deposit.

                              Spot Markets

27.93 Bona fide spot markets.
27.94 Spot markets for contract settlement purposes.

                    Price Quotations and Differences

27.95 Spot markets to conform to Act and regulations.
27.96 Quotations in bona fide spot markets.
27.97 Ascertaining the accuracy of price quotations.
27.98 Value of grade where no sale; determination.
27.99 Values; expression.
27.100 Administration.

    Authority: 7 U.S.C. 15b, 7 U.S.C. 4736, 7 U.S.C. 1622(g).

    Source: 22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965, unless 
otherwise noted.

    Cross Reference: For regulations relating to cotton classing, 
testing, and standards, and cottonseed sold or offered for sale for 
crushing purposes, see parts 28 and 61 of this chapter.



                          Subpart A_Regulations

                               Definitions



Sec. 27.1  Meaning of words.

    Words used in this subpart in the singular form shall be deemed to 
import the plural and vice versa, as the case may demand.



Sec. 27.2  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) The Act. The United States Cotton Futures Act (90 Stat. 1841-
1846; 7 U.S.C. 15b).
    (b) Department. The United States Department of Agriculture.
    (c) Service. The Agricultural Marketing Service of the Department.
    (d) Administrator. The Administrator of the Service, or any officer 
or employee of the Service, to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated, to act in 
the Administrator's stead.
    (e) Cotton Division. The Cotton Division of the Service.
    (f) Director. The Director of the Cotton Division, or any officer or 
employee of the Division to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated to act in the 
Director's stead.
    (g) Marketing Services Office. A facility of the Cotton Division 
established under the Act at any point.
    (h) Grading Section. The National Classing Supervision Office at 
Memphis, Tennessee; performs final review of cotton classification.
    (i) Exchange. Exchange, board of trade, or similar institution or 
place of business, at, on, or in which a basis grade contract may be 
made.
    (j) Exchange inspection agency. The inspection agency of the New 
York Cotton Exchange, the New Orleans Cotton Exchange, the Board of 
Trade of the city of Chicago, or of any other exchange which may have an 
organized inspection agency recognized as such by the Director, as the 
case may be.
    (k) Basis grade contract. Contract of sale of cotton for future 
delivery mentioned in the Act, made at, on, or in any exchange in 
compliance with subsection 15b(f) of the Act.
    (l) Person. Individual, association, partnership, or corporation.
    (m) Owner. Person who owns, controls, or has the disposition of any 
cotton.
    (n) Classification. The classification of any cotton shall be 
determined by the quality of a sample in accordance with Official Cotton 
Standards of the United States for the color grade and the leaf grade of 
American upland cotton, the length of staple, and fiber property 
measurements such as micronaire. High Volume Instruments will determine 
all fiber property measurements except leaf grade and extraneous matter. 
High Volume Instrument colormeter measurements will be used for 
determining the official color grade. Cotton classers, designated as

[[Page 9]]

such by the Director, will determine the official leaf grade and 
extraneous matter, and authorized Cotton Program employees will 
determine all fiber property measurements using High Volume Instruments.
    (o) Micronaire determination. The measure of the fiber fineness and 
maturity of cotton, in combination, in terms of Micronaire readings as 
determined by an authorized employee of the Department in accordance 
with the official cotton standards of the United States for fiber 
fineness and maturity.

[22 FR 10923, Dec. 28, 1957, as amended at 32 FR 4157, Mar. 17, 1967; 42 
FR 40677, Aug. 11, 1977; 48 FR 49210, Oct. 25, 1983; 65 FR 36598, June 
9, 2000]

                                 General



Sec. 27.3  Requirements of subsection 15b(f) of the Act.

    The inspection, sampling, classification, and Micronaire 
determination of cotton pursuant to subsection 15b(f) of the Act shall 
be performed as prescribed in this subpart. All tenders of cotton and 
settlements therefor under basis grade contracts shall be made subject 
to the regulations in this subpart. No contract shall for the purposes 
of this subpart be deemed to comply with subsection 15b(f) of the Act if 
it contain or incorporate therein, by reference or otherwise, any 
provision or any bylaw, rule, or custom of an exchange which is 
inconsistent or in conflict with any requirement of said subsection 
15b(f), nor if the parties enter into any collateral or additional 
agreement or understanding, either verbal or written, respecting the 
subject matter of such contract which is inconsistent or in conflict 
with any requirement of said subsection 15b(f).

[42 FR 40677, Aug. 11, 1977]



Sec. 27.4  Obligations and rights under Act: not affected by regulations.

    Nothing in this subpart shall be construed as relieving any party to 
a basis grade contract of any obligation imposed upon the party, or as 
depriving the party of any right to which the party might be entitled 
under any provision of the contract or exchange rule made a part thereof 
which shall not be inconsistent with the act or the regulations made 
under the Act.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.5  Effect of amendments.

    Any amendment to this subpart, unless otherwise stated therein, 
shall apply to all tenders of cotton and settlements therefor made on 
and after the effective date of such amendment, under basis grade 
contracts entered into prior, as well as subsequent, to such effective 
date.

[22 FR 10923, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]

                             Administration



Sec. 27.8  Director.

    The Director shall perform for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the provisions of the Act and this subpart.



Sec. 27.9  Marketing Services Offices; Grading Section.

    Marketing Services Offices shall be maintained at points designated 
for the purpose by the Administrator. The Grading Section shall review 
the classification of any cotton in accordance with Sec. Sec. 27.61 to 
27.72. The Grading Section shall also perform other duties as assigned.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.10  Supervision of cotton inspection, weighing, sampling; and 
other duties.

    Authorized employees of the Cotton Division will act, when 
necessary, as supervisors of cotton inspection to supervise the 
inspection, weighing, and sampling of cotton to be classified and will 
perform such other duties as may be required of them for the purposes of 
this subpart.

[26 FR 1656, Feb. 25, 1961]



Sec. 27.11  Area Director, Marketing Services Office; responsibility.

    Subject to this subpart and the instructions of the Director, the 
Area Director of each Marketing Services Office shall be responsible for 
the proper performance of the duties imposed on

[[Page 10]]

such office and on the persons connected therewith.

[48 FR 49210, Oct. 25, 1983]

                         Classification Requests



Sec. 27.12  Classification request for each lot of cotton.

    For each lot or mark of cotton of which the applicant desires 
separate classification and certification, the applicant shall make a 
separate written request in a form prescribed or supplied by the Cotton 
Division for that purpose.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.13  Micronaire determination request incidental to classification 
request.

    The classification request may include a request for Micronaire 
determination.



Sec. 27.14  Filing of classification and Micronaire determination requests.

    Requests for classification shall be filed with the Marketing 
Services Office serving the location at which the cotton is stored. 
Requests for classification shall be filed within 30 days after sampling 
and before classification of the samples. The applicant may file a 
request for a review of classification as part of the request for 
classification. The applicant may file a request for Micronaire 
determination as part of the request for classification or may file a 
request for such determination, in a form prescribed by the Cottom 
Division within 7 business days following the date of the first 
certification of the cotton involved, provided this service has not been 
previously performed on such cotton, and the request is made prior to 
delivery of the cotton on a basis grade contract. Requests for 
Micronaire determinations may also be filed as provided in Sec. Sec. 
27.62 and 27.63.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.15  Withdrawal or rejection of classification or Micronaire 
determination requests.

    Any request for classification or for Micronaire determination may 
be withdrawn by the applicant at any time before the classification or 
Micronaire determination of the cotton covered thereby, subject to the 
payment of such fees, if any, as may be prescribed under Sec. Sec. 
27.80 to 27.92. Any request for classification or for Micronaire 
determination may be rejected for noncompliance with the act or this 
subpart.

                         Inspection and Samples



Sec. 27.16  Inspection; weighing; samples; supervision.

    The inspection, weighing, and sampling of cotton for which 
classification is desired and the preparation and delivery of samples to 
the Marketing Services Office shall be (a) under the supervision of a 
supervisor of cotton inspection, or (b) by or under the direction of an 
exchange inspection agency and subject to the supervision of a 
supervisor of cotton inspection.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.18  Persons not to be employed for inspection or sampling.

    No person shall, after notice to the interested parties, be employed 
in any way in connection with any phase of the inspection and sampling 
of cotton or the preparation of the samples thereof, for the purposes of 
classification under this subpart, who for good cause is disapproved by 
the Director.



Sec. 27.20  Drawing and handling of samples of cotton; inspection of bales.

    One sample shall be drawn from the top side of each bale and one 
from the bottom side. Each such sample shall weigh not less than 5 
ounces, the two samples from each bale to weigh together not less than 
10 ounces. The bale shall be inspected and any condition not fully 
indicated by the samples shall be explained by the supervisor of cotton 
inspection or exchange inspection agency in a written memorandum, which 
shall acompany the samples to the Marketing Services Office. Samples 
shall not be dressed or trimmed and shall be carefully handled in such 
manner as not to cause loss of leaf, sand, or other material, or 
otherwise change their representative character. Any

[[Page 11]]

sample which does not meet the requirements of this section may be 
rejected by the supervisor of cotton inspection or the Area Director.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.21  Preparation of samples of cotton.

    The samples from each bale shall be prepared as specified in this 
section. The sample from the top side and the sample from the bottom 
side shall each be broken into two parts. One part of the sample from 
the top side shall be placed with a part of the sample from the bottom 
side, making two sets of samples from each bale. One of such sets shall 
weigh as nearly as possible 6 ounces, equally divided between the two 
parts thereof representing the two sides of the bale. There shall be 
placed in each such set of samples between the two sides thereof a 
coupon showing the number of the tag attached to the bale from which 
such samples were drawn. The 6-ounce set of samples from each bale shall 
be called the original and the other set the duplicate.



Sec. 27.22  Wrapping and marking of samples of cotton.

    The original sets of samples of the bales constituting a lot or mark 
to be classified separately shall be inclosed in one or more wrappers or 
containers, as the case may require. The wrappers or containers of 
original samples shall be so labeled or marked, or both, as to show that 
they contain original samples, together with the lot number, if any, the 
marks, and the number of bales, and such other information as may be 
necessary in accordance with the instructions of the Area Director of 
the Marketing Services Office to which the samples are to be delivered.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.23  Duplicate sets of samples of cotton.

    The duplicate sets of samples shall be inclosed in wrappers or 
containers separate and apart from the original sets in the manner 
prescribed or original samples in the foregoing section, except that the 
wrappers or containers shall be labeled or marked, or both, so as to 
show that they contain duplicate samples and shall be delivered to the 
person requesting the classification of the cotton.



Sec. 27.24  Delivery of samples of cotton.

    The original sample from each bale to be classified shall be 
delivered to the Marketing Services Office with which the classification 
request was filed, at its classification room. If there is no Marketing 
Services Office at the point where the cotton is sampled, the supervisor 
of cotton inspection or the exchange inspection agency shall forward the 
samples to the proper Marketing Services Office. No samples covered by 
pending classification requests which are ready for delivery as provided 
for herein shall be withheld from such delivery except as authorized in 
writing by the Area Director or the Director.

[48 FR 49210, Oct. 25, 1983]



Sec. 27.25  Additional samples of cotton; drawing.

    In addition to the samples hereinbefore prescribed, separate 
samples, if desired, may be drawn and furnished to the owner of the 
cotton.



Sec. 27.28  Disposition of samples.

    Samples submitted to a Marketing Services Office shall become the 
property of the Department and shall be disposed of in accordance with 
the property regulations of Department when no longer needed for 
classification or Micronaire determinations.

[48 FR 49211, Oct. 25, 1983]

              Classification and Micronaire Determinations



Sec. 27.31  Classification of Cotton.

    For the purposes of subsection 15b (f) of the Act, classification of 
cotton is the determination of the quality of a sample in accordance 
with the Official Cotton Standards of the United States for the color 
grade and the leaf grade of American upland cotton, the length of 
staple, and fiber property measurements such as micronaire. High Volume 
Instruments will determine all fiber property measurements except leaf 
grade and extraneous matter. High Volume Instrument colormeter 
measurements will be used for determining

[[Page 12]]

the official color grade. Cotton classers, designated as such by the 
Director, will determine the official leaf grade and extraneous matter, 
and authorized Cotton Program employees will determine all fiber 
property measurements using High Volume Instruments.

[65 FR 36598, June 9, 2000]



Sec. 27.32  Order of classification.

    All cotton for which classifications requests shall be pending shall 
be classified as far as practicable in the order in which proper samples 
thereof, ready for such classification, shall have been delivered to the 
Marketing Services Office, except as otherwise provided in this subpart 
or when the Area Director or the Director shall find that an emergency 
exists and shall order otherwise.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.33  Exposing of samples for classification.

    Classification shall not proceed until the samples, after being 
delivered to the Marketing Services Office, shall have been exposed for 
such length of time as in the judgment of the Area Director shall be 
sufficient to put them in proper condition for the purpose.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.34  Classification procedure.

    Classification shall proceed as rapidly as possible, but not when 
light or other conditions make uncertain the accuracy of the results to 
be obtained.



Sec. 27.35  Lower class of two samples to prevail.

    In case a sample drawn from one portion of a bale is lower in class 
than one drawn from another portion of such bale, except as otherwise 
provided in this subpart, the classification of the bale shall be that 
of the sample showing the lower class.



Sec. 27.36  Classification and Micronaire determinations based on official 
standards.

    All cotton shall be classified for grade and staple length on the 
basis of the official cotton standards of the United States for grade 
and staple length in effect at the time of such classification. 
Micronaire determinations for cotton, upon request under Sec. 27.14, 
Sec. 27.62, or Sec. 27.63 shall be made according to the official 
cotton standards of the United States for fiber fineness and maturity in 
effect at the time of such determinations.



Sec. 27.37  Cotton reduced in grade.

    If cotton be reduced in grade, by reason of the presence of 
extraneous matter or other irregularities or defects, below its grade 
according to the official cotton standards of the United States, the 
grade from which it is so reduced, and the condition or reason which so 
reduces its grade shall be determined and stated.

[25 FR 5872, June 25, 1960]



Sec. 27.38  Terms defined for purposes of classification.

    For the purposes of classification the following terms shall be 
construed, respectively, to mean:
    (a) Cotton of perished staple. Cotton that has the strength of fiber 
as ordinarily found in cotton destroyed or unduly reduced through 
exposure to the weather either before picking or after baling, or 
through heating by fire, or on account of water packing, or by other 
causes.
    (b) [Reserved]
    (c) Gin cut cotton. Cotton that shows damage in ginning, through 
cutting by the saws, to an extent that reduces its value more than two 
grades.
    (d) Reginned cotton. Cotton that has passed through the ginning 
process more than once, and cotton that, after having been ginned, has 
been subjected to a cleaning process and then baled.
    (e) Repacked cotton. Cotton that is composed of factors', brokers', 
or other samples, or of loose or miscellaneous lots collected and 
rebaled, or cotton in a bale which is composed of cotton from two or 
more smaller bales or parts of bales that are combined after the cotton 
leaves the gin.
    (f) False packed cotton. Cotton in a bale (1) containing substances 
entirely foreign to cotton, (2) containing damaged cotton in the 
interior with or without any indication of such damage upon the 
exterior, (3) composed of good cotton upon the exterior and decidedly 
inferior cotton in the interior, in such

[[Page 13]]

manner as not to be detected by customary examination, or (4) containing 
pickings or linters worked into the bale.
    (g) Mixed packed cotton. Cotton in a bale which, in the sample taken 
therefrom, shows (1) a difference of three or more grades, or (2) a 
difference of three or more color groups, or (3) a difference in length 
of staple of one-eighth inch or more. For purposes of this paragraph, 
White Cotton (including the Plus grades), Light Gray Cotton, and Gray 
Cotton shall constitute one color group, and Light Spotted Cotton, 
Spotted Cotton, Tinged Cotton, and Yellow Stained Cotton shall each 
constitute a color group.
    (h) Water packed cotton. Cotton in a bale that has been penetrated 
by water during the baling process, causing damage to the fiber, or a 
bale that through exposure to the weather or by other means, while 
apparently dry on the exterior, has been damaged by water in the 
interior.

[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32 
FR 7011, May 9, 1967; 35 FR 17935, Nov. 21, 1970]

                        Cotton Class Certificates



Sec. 27.39  Issuance of certificates.

    Except as otherwise provided in this section, as soon as practicable 
after the classification of cotton has been completed by a Marketing 
Services Office, the Marketing Services Office shall issue a cotton 
class certificate showing the results of such classification. Each 
certificate shall bear the date of its issuance and the name of the Area 
Director of the Marketing Services Office that classified the cotton. 
The certificate shall show the identification of the cotton according to 
the information in the possession of the Marketing Services Office, the 
classification of the cotton according to its grade and length of staple 
and such other facts as the Director may require. As soon as practicable 
after the Micronaire determination of cotton has been completed by an 
authorized employee of the Cotton Division, upon request under this 
subpart, the results of such determination shall be certified by the 
Marketing Services Office or by the Grading Section on the 
classification certificate for the cotton, with the date of issuance of 
the Micronaire determination, the name of the certifying officer, and 
such other facts as the Director may require. When a request is made for 
a review of classification and a Micronaire determination, at the same 
time as the request for initial classification, the Marketing Services 
Office shall notify the Grading Section of the results of the 
classification and the latter shall review the classification and make 
the Micronaire determination, and notify the Marketing Services Office 
of the results. The latter shall issue a cotton class certificate over 
the signature of the Head, Grading Section showing the results of the 
review classification (but not the initial classification), the 
Micronaire determination, the date of issuance of the certificate, and 
such other facts as the Director may require. The certificate of 
classification and Micronaire determination may be placed directly upon 
the warehouse receipt covering the cotton involved. The Marketing 
Services Office or the Grading Section may authorize an officer of the 
Service located at another point to certify the results of any 
classification or Micronaire determination upon the basis of information 
furnished by them, notwithstanding any other provisions of this section.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.40  New certificates; conditions of issuance.

    For the business convenience of a holder of a cotton class 
certificate issued under this subpart a new certificate may be issued at 
the request of the holder, to take the place of the former certificate 
without the reclassification of the cotton and without a new Micronaire 
determination for the cotton. In any case where a new certificate is 
issued in accordance with this section, the former certificate shall be 
surrendered for cancellation, and such new certificate shall bear a new 
number, the date of its issuance, and the date of original 
certification, and shall otherwise comply with this subpart.

[[Page 14]]



Sec. 27.41  Lost certificate; duplicate.

    Upon the written request of the last holder of a valid cotton class 
certificate and a showing to the satisfaction of the Area Director of 
the Marketing Services Office which issued such certificate, that it has 
been lost or destroyed and, if lost, that diligent effort has been made 
to find it without success, a new certificate shall be issued without 
the reclassification of the cotton and without a new Micronaire 
determination for the cotton. Such new certificate shall bear the same 
number and date of issuance as the lost or destroyed certificate, and 
shall include a statement to the effect that it is a duplicate issued in 
lieu of the lost or destroyed original, as the case may be.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.42  Surrender of certificate.

    For good cause any certificate issued under this subpart shall be 
surrendered to a Marketing Services Office for correction or 
cancellation. If such certificate be not surrendered upon request it 
shall nevertheless be invalid under subsection 15b(f) of the Act and 
this subpart.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.43  Validity of cotton class certificates.

    Each cotton class certificate for cotton classified as tenderable 
shall be valid for use in the tender of such cotton on a basis grade 
contract made in accordance with the Act and this subpart and the rules 
of an exchange not inconsistent therewith.

[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]



Sec. 27.44  Invalidity of cotton class certificates.

    Any cotton class certificate shall become invalid for use in the 
tender or delivery of the cotton covered thereby on a basis grade 
contract whenever such cotton shall be removed from the place of storage 
specified therein, except when it is handled and re-stored or 
transferred to a different place of storage and restored under the 
supervision of an exchange inspection agency or a supervisor of cotton 
inspection.

(90 Stat. 1841-1846; (7 U.S.C. 15b))

[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 1657, Feb. 25, 1961; 42 
FR 40677, Aug. 11, 1977]



Sec. 27.45  No storage of cotton for classification at disapproved place.

    No cotton submitted for classification under subsection 15b(f) of 
the Act shall be located or stored at a place disapproved for the 
purpose by the Area Director or the Director on account of being 
unsuitable for the safekeeping or proper storage of such cotton, or on 
account of the failure or refusal of the custodian thereof to comply or 
to permit compliance with the requirements of this subpart. Notice of 
such disapproval shall be given in such manner as the Director may 
direct. Thereafter every cotton class certificate previously issued for 
cotton located or stored at such place shall be invalid for the delivery 
of such cotton on a basis grade contract, unless the cotton shall be 
removed under the supervision of an exchange inspection agency, or a 
supervisor of cotton inspection, to a place which shall be suitable for 
the purpose. Upon such removal and the request of the holder of the 
cotton class certificate for such cotton a new certificate in lieu 
thereof, as provided elsewhere in this subpart, shall be issued.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.46  Cotton withdrawn from storage.

    The exchange inspection agency under the supervision or control of 
which any cotton classified pursuant to this subpart shall be held or 
stored shall furnish to the Marketing Services Office which classified 
such cotton, on the first business day of each week, a written statement 
of all cotton withdrawn from storage, or the lot number or other 
identification of which has been changed, or which has otherwise been 
removed from the supervision or control of such exchange inspection 
agency during the next preceding week. Such statement shall show each 
lot number, and, if changed, the new lot number, and in case of the 
withdrawal

[[Page 15]]

or removal of a portion only of the lot, the tag numbers of the bales so 
withdrawn or removed. If such removal shall be to a different place of 
storage under the supervision or control of the exchange inspection 
agency, the statement shall show the new location.

[48 FR 49211, Oct. 25, 1983]



Sec. 27.47  Tender or delivery of cotton; conditions.

    Subject to the provisions of Sec. Sec. 27.52 through 27.55, 27.65, 
no cotton shall be tendered or delivered on a basis grade contract 
unless on or prior to the date fixed for delivery under such contract, 
and in advance of final settlement of the contract, the person making 
the tender shall furnish to the person receiving the same a valid 
outstanding cotton class certificate complying with the regulations in 
this subpart, showing such cotton to be tenderable on a basis grade 
contract.

[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977; 
50 FR 47707, Nov. 20, 1985]

                          Delayed Certification



Sec. 27.52  Delivery without certification.

    If upon the date fixed for delivery in accordance with subsection 
15b(f) of the Act cotton class certificates shall not have been issued 
by a Marketing Services Office for cotton to be delivered pursuant to 
such notice, samples of which cotton shall have been in the custody of 
the Marketing Services Office for the time hereinafter prescribed, the 
delivery of such cotton may be made upon compliance with and subject to 
the conditions specified in Sec. Sec. 27.52 through 27.55. Sections 
27.52 through 27.55 shall not apply to cotton upon which a Marketing 
Services Office has already issued cotton class certificates pursuant to 
this subpart.

[48 FR 49212, Oct. 25, 1983, as amended at 50 FR 47707, Nov. 20, 1985]



Sec. 27.53  Notice for delayed certification; requirements.

    On the date of giving the transferable notice of the delivery in 
accordance with subsection 15b(f) of the act the person issuing such 
notice or the person on whose behalf it was issued shall also give 
written notice to the Marketing Services Office with which the 
classification request was required to be filed, specifying the date of 
delivery and the number of bales so to be delivered which have not been 
certified. In such notice, or later in writing before the delivery of 
the samples to the Marketing Services Office the lot numbers of the 
cotton so to be delivered shall be specified.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.54  Inspection and sampling for delayed certification.

    Such cotton must have been duly inspected and sampled, and the 
original samples thereof properly prepared in accordance with this 
subpart must be delivered to the Marketing Services Office not later 
than the date of issuance of the transferable notice, except when the 
delivery day fixed by such transferable notice is the last delivery day 
in the month of delivery. In such case the cotton must have been duly 
inspected and sampled, and the original samples thereof properly 
prepared in accordance with this subpart must have been delivered to the 
Marketing Services Office in accordance with all regulations applicable 
and in readiness for classification not later than 8 p.m. of the second 
business day preceding such last delivery day.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.55  Requirements in lieu of cotton class certificates on delivery day.

    If on the morning of the delivery day specified in the transferable 
notice the cotton class certificates covering the cotton involved are 
not ready for delivery when called for, the tenderer of the cotton shall 
present to the receiver a receipt issued by an exchange inspection 
agency certifying that warehouse receipts, listed by lot numbers, 
representing cotton weighed and sampled in an approved warehouse under 
the supervision of such agency, have been received by the exchange 
inspection agency and are in the custody of the Cotton Division 
Marketing Services Office where certification requests are required to 
be filed. The requirements of Sec. Sec. 27.52-27.55 shall be complied 
with prior to delivery by the tenderer of the

[[Page 16]]

agency's receipt to the receiver. Upon issuance by Marketing Services 
Office, the tenderer shall furnish to the receiver the cotton class 
certificates complying with the regulations in this subpart, showing the 
cotton to be tenderable on a basis grade contract.

[50 FR 47707, Nov. 20, 1985]

                        Postponed Classification



Sec. 27.57  Request for postponement.

    If the applicant desires the postponement of the classification of 
any cotton covered by a classification request filed pursuant to the 
regulations in this subpart until later notice, the original 
classification request must so state, or the applicant must so advise 
the Marketing Services Office in writing before the classification has 
been entered upon. Such request must show cause and that it is not made 
merely for dilatory reasons.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.58  Postponed classification; must be within 30 days.

    If thereafter the classification of the cotton be desired, notice 
thereof shall be filed not later than the expiration of 30 days after 
the date upon which the samples were drawn from the cotton, and the 
original samples must have remained continuously in the possession of 
the Marketing Services Office or under its control.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.59  Postponed classification; interference.

    Classification pursuant to such suspended request shall not be 
allowed to interfere with or delay the classification of other samples 
previously made ready for classification or which are otherwise entitled 
to priority.



Sec. 27.60  When original request deemed withdrawn.

    If the period of 30 days specified in Sec. 27.58 shall expire 
without the filing of the notice of desire for classification the 
applicant shall be deemed to have withdrawn the original request for the 
classification of such cotton.

          Classification Reviews and Micronaire Determinations



Sec. 27.61  One review of classification.

    One review only of the classification of the cotton covered by any 
cotton class certificate may be obtained as provided in Sec. Sec. 27.62 
to 27.72, such review to be performed by the Grading Section. Micronaire 
determinations are not subject to review.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.62  Conditions for review of classification and for incidental 
Micronaire determination for original applicant.

    The person for whom the classification of cotton has been or is to 
be performed under this subpart may have a review of such classification 
by filing a written application therefor before the delivery of such 
cotton on a basis grade contract and not later than the expiration of 
the seventh business day following the date of the first certification 
of the cotton involved. Such written application may be made at the same 
time as the request for initial classification. The written application 
may also include a request for Micronaire determination of the cotton if 
this service has not been previously performed.

[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]



Sec. 27.63  Conditions for review of classification and for Micronaire 
determination for receiver.

    Any receiver of cotton upon a basis grade contract who has not 
redelivered such cotton on a basis grade contract may have a review of 
the classification of any cotton of which the classification has not 
been previously reviewed by filing a written application within 7 
business days following the date of the delivery of cotton class 
certificates in accordance with this subpart. When more than 5,000 bales 
of cotton shall have been delivered to the same receiver on the same 
date of delivery, the receiver may, upon proper showing of the facts, be 
allowed 5 additional business days for filing the application for review 
of the classification of any such cotton, provided written request for

[[Page 17]]

such extension is filed within 7 business days following the date of 
such delivery. In the event of the reissue of certificates to replace 
any certificates delivered, the receiver may have a review of the 
classification of the cotton covered by such reissued certificates, 
provided such review is requested within the time herein prescribed, 
calculated from the date of delivery of such reissued certificates. Any 
such receiver may also have a Micronaire determination, with or without 
review of classification, under these same conditions on cotton on which 
this service has not been previously performed under this subpart.

[48 FR 49212, Oct. 25, 1983]



Sec. 27.64  Application for review of classification and for Micronaire 
determination; filing.

    (a) Every application review of classification or for Micronaire 
determination under Sec. 27.62 or Sec. 27.63 shall be filed with the 
Marketing Services Office serving the location at which the cotton is 
stored. The application shall in each case be in the hands of such 
Marketing Services Office within the time specified in Sec. 27.62 or 
Sec. 27.63 for applying for review: Provided, That any Marketing 
Services Office may designate any officer of the Cotton Division or a 
representative of an exchange inspection agency located at another point 
to receive applications, and in such cases the applications shall be in 
the hands of the persons so designated within the time specified. Any 
person making such application shall, upon call of the Marketing 
Services Office or person with whom such application was filed under 
this section, surrender the cotton class certificates covering the 
cotton involved.
    (b) Such applications shall be made on a form furnished or approved 
by the Cotton Division and shall contain (1) the name and address of the 
party, if any, from whom the cotton was received on a basis grade 
contract; (2) the lot numbers of the cotton; and (3) the warehouse bale 
numbers.

[22 FR 10928, Dec. 28, 1957, as amended at 26 FR 1657, Feb. 25, 1961; 42 
FR 40677, Aug. 11, 1977; 48 FR 49213, Oct. 25, 1983]



Sec. 27.65  Completion of review of classification.

    In any case where an application for review of classification or an 
application for Micronaire determination has been filed with respect to 
cotton previously designated as tenderable, such review or determination 
may be completed notwithstanding the subsequent tender of such cotton on 
a basis grade contract.

[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]



Sec. 27.66  Dismissal of application for review.

    Any application for review may be dismissed whenever it shall be 
found by the Area Director or the Director that it was filed without 
good cause or for dilatory purposes.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.67  Use of new samples in reviews and Micronaire determinations.

    Unless the use of new samples shall be necessary in the judgment of 
the Area Director, a review classification pursuant to Sec. Sec. 27.61 
to 27.72, or a Micronaire determination pursuant to Sec. 27.14, Sec. 
27.62 or Sec. 27.63, shall be made by reference to the samples, if any, 
of the cotton involved in the possession of the Marketing Services 
Office; but if the use of new samples is deemed necessary by the Area 
Director, or if there are no samples of the cotton in the possession of 
the Marketing Services Office, or if the samples of the cotton have been 
in the possession of the Marketing Services Office for more than one 
year, the person requesting the review classsification or Micronaire 
determination shall cause new samples to be drawn for the purpose and 
submitted to the Marketing Services Office in accordance with this 
subpart.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.69  Classification review; notations on certificate.

    When a review of classification is made after the issuance of a 
cotton class certificate, the results of the review classification, the 
date of issuance of the review classification results, and the signature 
of the Head, Grading Section shall be entered on the

[[Page 18]]

cotton class certificate. Thereupon the certificate shall be returned to 
the person who requested the review.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.72  Withdrawal of application for review.

    Any application for review may be withdrawn by the applicant at any 
time before the review classification of the cotton covered thereby has 
been completed, subject to the payment of such fees, if any, as may be 
assessed pursuant to Sec. Sec. 27.80 through 27.92.

                           Transfers of Cotton



Sec. 27.73  Supervision of transfers of cotton.

    Whenever the owner of any cotton inspected and sampled for 
classification pursuant to this subpart and for which the owner holds 
valid cotton class certificates desires to transfer such cotton to a 
different delivery point, or to a different warehouse at the same 
delivery point, for the purpose of having it made available for delivery 
upon a basis grade contract, such transfer shall be effected under the 
supervision of an exchange inspection agency or a supervisor of cotton 
inspection.

[48 FR 49213, Oct. 25, 1983]

                 Costs of Classification and Micronaire



Sec. 27.80  Fees; classification, Micronaire, and supervision.

    For services rendered by the Cotton Division pursuant to this 
subpart, whether the cotton involved is tenderable or not, the person 
requesting the services shall pay fees as follows:
    (a) Initial classification and certification--$2.00 per bale.
    (b) Review classification and certification--$2.00 per bale.
    (c) Micronaire determination and certification--30 cents per bale.
    (d) Combination service--$3.50 per bale. (Initial classification, 
review classification, and Micronaire determination covered by the same 
request and only the review classification and Micronaire determination 
results certified on cotton class certificates.)
    (e) Supervision, by a supervisor of cotton inspection, of the 
inspection, weighing, or sampling of cotton when any two or more of 
these operations are performed together--$1.60 per bale.
    (f) Supervision, by a supervisor of cotton inspection, of the 
inspection, weighing, or sampling of cotton when any one of these 
operations is performed individually--$1.60 per bale.
    (g) Supervision, by a supervisor of cotton inspection, of transfers 
of cotton to a different delivery point, including issuance of new 
cotton class certificates in substitution for prior certificates--$2.75 
per bale.
    (h) Supervision, by a supervisor of cotton inspection, of transfers 
of cotton to a different warehouse at the same delivery point, including 
issuance of new cotton class certificates in substitution for prior 
certificates--$2.00 per bale.

[51 FR 22061, June 18, 1986, as amended at 55 FR 20440, May 17, 1990]



Sec. 27.81  Fees; certificates.

    For each new certificate issued in substitution for a prior 
certificate at the request of the holder thereof, for the purpose of 
business convenience, or when made necessary by the transfer of cotton 
under the supervision of any exchange inspection agency as provided in 
Sec. 27.73, the person making the request shall pay a fee of $.70 cents 
for each certificate issued.

[55 FR 20440, May 17, 1990]



Sec. 27.83  No fees for certain certificates.

    No fee shall be collected for a new cotton class certificate issued 
in lieu of a prior certificate solely for the purpose of correcting 
clerical errors therein or for the purpose of substituting a new form 
applicable to outstanding certificates, or without an application 
therefor.



Sec. 27.85  Fees; withdrawn requests or applications.

    When the request for classification, or the application for review 
or classification, of any cotton or the request for Micronaire 
determination for any cotton shall be withdrawn after the service 
requested has been started pursuant to such request or application,

[[Page 19]]

the person making such request or application shall pay the fee 
prescribed by Sec. 27.80 as to any service completed prior to such 
withdrawal.



Sec. 27.87  Fees; classification and Micronaire determination information.

    Whenever the person who requests the classification of, or 
Micronaire determination for, any cotton, or the person on whose behalf 
such request is made, also requests the transmission by telegraph or 
telephone of information concerning such classification or Micronaire 
determination, the person making the request for such classification or 
determination shall pay, in addition to the applicable costs prescribed 
in this subpart, the cost of tolls incurred in such transmission.



Sec. 27.89  Expenses; inspection; sampling.

    Expense of inspection and sampling, the preparation of the samples 
and the delivery of such samples in accordance with Sec. 27.24, shall 
be borne by the party requesting the classification of the cotton 
involved. When a review of classification or a Micronaire determination 
is requested and samples of the cotton involved are not in possession of 
a Marketing Services Office, the expense of inspection, sampling, 
preparation of samples, and delivery of the samples to the Marketing 
Services Office shall be borne by the party requesting the service.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.90  Bills for payment of fees and expenses.

    The Cotton Division shall deliver bills to all persons from whom 
payment for fees or expenses on account of services under this subpart 
shall be due. Such bills shall be rendered as soon as practicable after 
the last day of each month for the amounts due and unpaid on such day. 
When necessary, in the discretion of the Area Director or the Director, 
any bill may be rendered at an earlier date for any fees and expenses 
then due by the person to whom such bill shall be rendered. Payment of 
any such bill shall be made as soon as possible after the rendition 
thereof, but in any event not later than 2 weeks after such rendition.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.91  Advance deposit may be required.

    If requested by the Area Director with whom the classification 
request is required to be filed or by the Director, the person from whom 
any payment under this subpart may become due shall make an advance 
deposit to cover such payment in such amount as may be necessary in the 
judgment of the official requesting the same.

[48 FR 49213, Oct. 25, 1983]



Sec. 27.92  Method of payment; advance deposit.

    Any payment or advance deposit under this subpart shall be by check, 
draft, or money order, payable to the order of ``Agricultural Marketing 
Service, USDA,'' and may not be made in cash except in cases where the 
total payment or deposit does not exceed $1.

                              Spot Markets



Sec. 27.93  Bona fide spot markets.

    The following markets have been determined, after investigation, and 
are hereby designated to be bona fide spot markets within the meaning of 
the act:
    Southeastern, North Delta, South Delta, East Texas and Oklahoma, 
West Texas, Desert Southwest and San Joaquin Valley. Such markets will 
comprise the following areas:

                              Southeastern

    All counties in the states of Alabama, Florida, Georgia, North 
Carolina and South Carolina and all counties in the state of Tennessee 
east of and including Stewart, Houston, Humphreys, Perry, Wayne and 
Hardin counties.

                               North Delta

    All counties in the states of Arkansas and Missouri and all counties 
in Tennessee west of and including the counties of Henry, Benton, 
Henderson, Decatur, Chester and McNairy counties and the Mississippi 
counties of Alcorn, Benton, Calhoun, Chickasaw, DeSoto, Grenada, 
Itawamba, Lafayette, Lee, Marshall, Monroe, Panola, Pontotoc, Prentiss, 
Tate, Tippah, Tishomingo, Union and Yalobusha.

[[Page 20]]

                               South Delta

    All counties in the state of Louisiana and all counties in the state 
of Mississippi not included in the North Delta market.

                         East Texas and Oklahoma

    All counties in the state of Oklahoma and the Texas counties east of 
and including Montague, Wise, Parker, Erath, Comanche, Mills, San Saba, 
Mason, Sutton, Edwards, Kinney, Maverick, Webb, Zapata, Star and Hidalgo 
counties.

                               West Texas

    All Texas counties not included in the East Texas, Oklahoma and 
Desert Southwest Markets and the New Mexico counties of Union, Quay, 
Curry, Roosevelt and Lea.

                            Desert Southwest

    The Texas counties of Val Verde, Crockett, Terrell, Pecos, Brewster, 
Presidio, Jeff Davis, Culberson, Hudspeth and El Paso, all New Mexico 
counties except those included in the West Texas market, all counties in 
the state of Arizona and the California counties south of and including 
Riverside and Orange counties.

                           San Joaquin Valley

    All California counties except those included in the Desert 
Southwest market.

[53 FR 29326, Aug. 4, 1988]



Sec. 27.94  Spot markets for contract settlement purposes.

    The following are designated as spot markets for the purpose of 
determining as provided in paragraph 15b(f)(3) of the act, the 
differences above or below the contract price which the receiver shall 
pay for grades tendered or deliverable in settlement of a basis grade 
contract:
    (a) For cotton delivered in settlement of any No. 2 contract on the 
New York Cotton Exchange: Southeastern, North and South Delta, Eastern 
Texas and Oklahoma, West Texas, and Desert Southwest.
    (b) [Reserved]

[53 FR 29327, Aug. 4, 1988, as amended at 67 FR 77148, Dec. 17, 2002]

                    Price Quotations and Differences



Sec. 27.95  Spot markets to conform to Act and regulations.

    Every bona fide spot market shall, as a condition of its designation 
and of the retention thereof, conform to the act and any applicable 
regulations.

[53 FR 29327, Aug. 4, 1988]



Sec. 27.96  Quotations in bona fide spot markets.

    The price or value and differences between the price or value of 
grades and staple lengths of cotton shall be based solely upon the 
official cotton standards of the United States and shall be the actual 
commercial value or price and differences as determined by the sale of 
spot cotton in such spot market. Quotations shall be determined and 
maintained in each designated spot market by the Cotton Division, 
Agricultural Marketing Service, USDA, as follows:
    (a) In spot markets designated to determine differences for the 
settlement of futures contracts, the Cotton Division will on each 
business day determine and quote by bale volume the prices or values of 
base qualities which are deliverable on any active futures contracts, as 
well as the differences for all other qualities deliverable on such 
contracts. The prices or differences for non-deliverable qualities will 
be determined and quoted by bale volume in each such spot market for 
those qualities normally produced or traded in that particular market.
    (b) In spot markets not designated to determine differences for the 
settlement of futures contracts, the Cotton Division will on each 
business day determine and quote by bale volume the prices or 
differences for all qualities of cotton normally produced or traded in 
each such spot market.

[53 FR 29327, Aug. 4, 1988]



Sec. 27.97  Ascertaining the accuracy of price quotations.

    The buyers and sellers of cotton in each spot market shall be 
responsible for providing accurate and timely price, quality, and volume 
of purchases data by growth area to the Cotton Division. The Cotton 
Division is responsible for ascertaining the accuracy of the price 
quotations in each designated spot market. The Cotton Division will 
carry out this responsibility by performing the following duties and 
functions:

[[Page 21]]

    (a) The Cotton Division will collect and analyze pertinent 
information on the prices and values of spot cotton from each spot 
market.
    (b) In the process of determining price quotations, the Cotton 
Division will contact a minimum of three buyers and sellers of cotton in 
each bona fide market at least two times per week during the active 
trading season and one time per week during the remainder of the year to 
obtain information on prices, qualities, volume, and terms of sales in 
sufficient detail to determine quotations.
    (c) The Cotton Division will summarize the price and quality data 
and, based on analysis of this summary, make determinations regarding 
quotations of price, value and differences.
    (d) Quotations for each spot market shall be reviewed and approved 
by the Cotton Division's Market News Branch Chief or Assistant Branch 
Chief prior to publication.
    (e) The Cotton Division will publish the appropriate quotations by 
bale volume for grades, staple lengths, micronaire determinations, and 
other quality factors for each spot market on a daily basis.

(The information collection requirements contained in this section were 
approved by the Office of Management and Budget under OMB control number 
0581-0029.)

[53 FR 29327, Aug. 4, 1988]



Sec. 27.98  Value of grade where no sale; determination.

    As provided in Sec. 27.96, whenever no sale of a particular grade 
of cotton shall have been made on a given day in a particular spot 
market, the value of such grade in the market on that day will be 
determined as follows:
    (a) If on such given day there shall have been in such market both a 
sale of any higher grade and a sale of any lower grade, the average of 
the declines, or advances, or decline and advance, as the case may be, 
of the next higher grade and the next lower grade so sold shall be 
deducted from, or added to, as the case may be, the value, on the last 
preceding business day, of the grade the value of which on such given 
day is sought to be ascertained.
    (b) If on such given day there shall have been in such market a sale 
of either a higher or a lower grade, but not sales of both, the decline 
or advance of the next higher or the next lower grade so sold shall be 
deducted from, or added to, as the case may be, the value on the last 
preceding business day of the grade the value of which on such given day 
is sought to be ascertained.
    (c) If on such given day there shall have been in such market no 
sale of spot cotton of any grade, the value of each grade shall be 
deemed to be the same as its value therein on the last preceding 
business day, unless in the meantime there shall have been bona fide 
bids and offers, or sales of hedged cotton, or other sales of cotton, or 
changes in prices of futures contracts made subject to the act, which in 
the usual course of business would clearly establish a rise or fall in 
the value of spot cotton in such market, in which case such rise or fall 
may be calculated and added to or deducted from the value on the 
preceding business day of cotton of all grades affected thereby.

[53 FR 29327, Aug. 4, 1988]



Sec. 27.99  Values; expression.

    For the purpose of this subpart values shall be expressed in terms 
of cents and hundredths of a cent. A fraction of a hundredth, when equal 
to, or greater than, the half thereof, shall be treated as a hundredth, 
and when less than a half of a hundredth shall be disregarded.

[22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965. Redesignated at 
53 FR 29328, Aug. 4, 1988]



Sec. 27.100  Administration.

    The details of the method of carrying out the provisions of this 
subpart in each bona fide spot market shall be subject to the approval 
of the Director or shall be prescribed by the Director.

[48 FR 49214, Oct. 25, 1983. Redesignated at 53 FR 29328, Aug. 4, 1988]

[[Page 22]]



PART 28_COTTON CLASSING, TESTING, AND STANDARDS--Table of Contents




   Subpart A_Regulations Under the United States Cotton Standards Act

                               definitions

Sec.
28.1 Meaning of words.
28.2 Terms defined.

                       Administrative and General

28.3 Director.
28.4 Classing offices.
28.5-28.6 [Reserved]
28.7 Area Director, Classing Office; responsibility.
28.8 Classification of cotton; determination.
28.9 Inspection; sampling; classification.

               requests for classification and comparison

28.15 Classification and comparison; requests.
28.16 Request for return of samples.
28.17 Filing of requests for classification or comparison.
28.18 One request only for classification.
28.19 Withdrawal or rejection of classification request.

              Licensing of Warehouses and Gins for Sampling

28.20 When license is required.
28.21 Eligibility and application.
28.22 Authority granted by license.
28.23 Suspension or revocation of license.
28.24 Surrender of license certificate.

             drawing, submission and disposition of samples

28.25 Samples for Form A determination.
28.26 Samples for Form C determination.
28.27 Samples for Form D determination.
28.28 Lost or damaged samples.
28.29 Return of samples.
28.30 Samples not returned are property of Department.

                               violations

28.31 Denial of service.
28.32 Misrepresentation; deceptive or fraudulent acts or practices; 
          violations.

                             classification

28.35 Method of classification.
28.36 Order of classification.
28.37 Exposing of samples for classification.
28.38 Lower grade (of two samples) to determine classification.
28.39 Cotton reduced in grade.
28.40 Terms defined; cotton classification.

                        sample or type comparison

28.45 Scope of comparison; requests.
28.46 Method of submitting samples and types.
28.47 Statement of finding of Classing Office in comparisons.

                       certificates and memoranda

28.55 Issuance of memoranda and certificates.
28.56 Form A and Form D memorandum.
28.57 Form C certificate.
28.58 New memorandum or certificate; issuance.
28.59 Lost memorandum or certificate may be replaced by duplicate.
28.60 Surrender of memoranda or certificates.

                                 reviews

28.65 Provisions for reviews.
28.66 Review procedure.
28.68 Withdrawal of application for review.

                   practical forms of cotton standards

28.105 Practical forms of cotton standards.
28.106 Universal cotton standards.
28.107 Original cotton standards and reserve sets.

                             fees and costs

28.115 Fees and costs; payment.
28.116 Amounts of fees for classification; exemption.
28.117 Fee for new memorandum or certificate.
28.118 When no fee collected for new certificate or memorandum.
28.119 Fee when request for classification is withdrawn.
28.120 Expenses to be borne by party requesting classification.
28.121 Advance deposits.
28.122 Fee for practical classing examination.
28.123 Costs of practical forms of cotton standards.
28.124 Payments; procedure.
28.125 No voiding or modifying claims for payment.
28.126 Loaning of forms and exhibits.

                     adjustment of contract disputes

28.160 Cotton examiners on foreign exchanges.
28.161 Disputes involving contracts for shipment of cotton from United 
          States.
28.162 Procedure.

                           publications media

28.165 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

[[Page 23]]

           Subpart B_Classification for Foreign Growth Cotton

28.175 Administrative and general.
28.176 Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purpose of the Agricultural 
          Marketing Act.
28.177 Requests for classification and comparison of cotton.
28.178 Submission of cotton samples.
28.179 Methods of cotton classification and comparison.
28.180 Issuance of cotton classification memoranda.
28.181 Review of cotton classification.
28.182 Surrender of memoranda.
28.183 Fees and costs; payment.

                           Subpart C_Standards

   official cotton standards of the united states for length of staple

28.301 Measurement: humidity; temperature.
28.302 Terms of designation.
28.303 Standards for length of staple for American upland cotton.
28.304 Original representation of American Pima cotton staple lengths.
28.306 Over \13/16\ inch staple.
28.307 Bale of different staple lengths.

 Official Cotton Standards of the United States for the Color Grade of 
                         American Upland Cotton

                              white cotton

28.401 Good Middling Color.
28.402 Strict Middling Color.
28.403 Middling Color.
28.404 Strict Low Middling Color.
28.405 Low Middling Color.
28.406 Strict Good Ordinary Color.
28.407 Good Ordinary Color.

                          light spotted cotton

28.411 Good Middling Light Spotted Color.
28.412 Strict Middling Light Spotted Color.
28.413 Middling Light Spotted Color.
28.414 Strict Low Middling Light Spotted Color.
28.415 Low Middling Light Spotted Color.
28.416 Strict Good Ordinary Light Spotted Color.

                             spotted cotton

28.421 Good Middling Spotted Color.
28.422 Strict Middling Spotted Color.
28.423 Middling Spotted Color.
28.424 Strict Low Middling Spotted Color.
28.425 Low Middling Spotted Color.
28.426 Strict Good Ordinary Spotted Color.

                              tinged cotton

28.431 Strict Middling Tinged Color.
28.432 Middling Tinged Color.
28.433 Strict Low Middling Tinged Color.
28.434 Low Middling Tinged Color.

                          yellow stained cotton

28.441 Strict Middling Yellow Stained Color.
28.442 Middling Yellow Stained Color.

                        below color grade cotton

28.451 Below Color Grade Cotton.

  Official Cotton Standards of the United States for the Leaf Grade of 
                         American Upland Cotton

                               leaf grades

28.461 Leaf Grade 1.
28.462 Leaf Grade 2.
28.463 Leaf Grade 3.
28.464 Leaf Grade 4.
28.465 Leaf Grade 5.
28.466 Leaf Grade 6.
28.467 Leaf Grade 7.

                         below leaf grade cotton

28.471 Below Leaf Grade Cotton.

                                 general

28.480 General.
28.481 Alternate title for standards.
28.482 United States Cotton Futures Act.

 Official Cotton Standards of the United States for the Color Grade of 
                          American Pima Cotton

28.501 Color Grade No. 1.
28.502 Color Grade No. 2.
28.503 Color Grade No. 3.
28.504 Color Grade No. 4.
28.505 Color Grade No. 5.
28.506 Color Grade No. 6.
28.507 Color Grade No. 7.
28.508-28.510 [Reserved]

  Official Cotton Standards of the United States for the Leaf Grade of 
                          American Pima Cotton

28.511 Leaf Grade No. 1.
28.512 Leaf Grade No. 2.
28.513 Leaf Grade No. 3.
28.514 Leaf Grade No. 4.
28.515 Leaf Grade No. 5.
28.516 Leaf Grade No. 6.
28.517 Leaf Grade No. 7.

             Application of Standards and Explanatory Terms

28.521 Application of color and leaf grade standards.
28.522 Explanatory terms.

    symbols and code numbers used in recording cotton classification

28.525 Symbols and code numbers.

[[Page 24]]

 official cotton standards of the united states for fiber fineness and 
                                maturity

28.601 Official cotton standards for fiber fineness and maturity.
28.602 Terms of designations.
28.603 Procedures for air flow tests of micronaire reading.

  Subpart D_Cotton Classification and Market News Service for Producers

                               definitions

28.901 Definitions.

                             administration

28.902 Director.

                 classification and market news services

28.903 Classification of samples.
28.904 Market news.

                                sampling

28.906 Sampling arrangements.
28.907 Responsibilities of licensed gins or warehouses.
28.908 Samples.
28.909 Costs.

                             classification

28.910 Classification of samples and issuance of classification data.
28.911 Review classification.

                         limitation of services

28.917 Limitation of services.

               Subpart E_Cotton Fiber and Processing Tests

                               definitions

28.950 Terms defined.

                             administration

28.951 Director.

                       fiber and processing tests

28.952 Testing of samples.
28.953 Requirements as to samples.
28.954 Costs of submitting samples.
28.955 Disposition of samples.
28.956 Prescribed fees.
28.957 Special tests and fees.
28.958 Payment of fees.
28.959 Limitation of testing services.
28.960 Confidential information.
28.961 False and misleading information.

    Cross Reference: For regulations relating to cotton classification 
under cotton futures legislation, and cottonseed sold or offered for 
sale for crushing purposes, see parts 27 and 61 of this chapter.

    Source: 22 FR 10930, Dec. 28, 1957, unless otherwise noted.



   Subpart A_Regulations Under the United States Cotton Standards Act

    Authority: 7 U.S.C. 55 and 61.

                               definitions



Sec. 28.1  Meaning of words.

    Words used in this part in the singular form shall be deemed to 
import the plural, and vice versa, as the case may demand.



Sec. 28.2  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) The Act. The United States Cotton Standards Act, approved March 
4, 1923 (42 Stat. 1517; 7 U.S.C. 51 et seq.) with such amendments as may 
be made from time to time.
    (b) Regulations. Regulations mean the provisions in this subpart.
    (c) Department. The United States Department of Agriculture.
    (d) Secretary. The Secretary of Agriculture of the United States, or 
any officer or employee of the Department who has been delegated, or who 
mayhereafter be delegated the authority to act for the Secretary.
    (e) Service. The Agricultural Marketing Service of the U.S. 
Department of Agriculture.
    (f) Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, who has been 
delegated, or who may hereafter be delegated the authority to act for 
the Administrator.
    (g) Division. The Cotton Division of the Agricultural Marketing 
Service.
    (h) Director. The Director of the Cotton Division, or any officer or 
employee of the Division who has been delegated, or who may hereafter be 
delegated the authority to act for the Director.
    (i) Classing Office. A facility of the Cotton Division established 
under the act at any point.
    (j) Quality Control Section. The national classing supervision 
office at Memphis, Tennessee performing final review of cotton 
classification.

[[Page 25]]

    (k) Cotton classer. An employee of the Department so designated by 
the Director after having passed the prescribed practical cotton 
classing examination.
    (l) License. A license issued under the Act by the Secretary to 
sample cotton.
    (m) Licensed warehouse or gin. A cotton warehouse or gin licensed 
under the United States Cotton Standards Act to sample cotton.
    (n) Cotton. The word cotton means cotton of any variety produced 
within the continental United States. In this subpart, for 
administrative convenience the word ``cotton'' is used to signify 
vegetable hair removed from cottonseed in the usual process of ginning.
    (o) Upland Cotton. All cotton grown anywhere within the continental 
United States including the growths sometimes referred to as Upland, 
Gulf, and Texas cotton, but excluding American Pima growths.
    (p) Official Cotton Standards. Official Cotton Standards of the 
United States for the color grade and the leaf grade of American upland 
cotton, the color grade and the leaf grade of American Pima cotton, the 
length of staple, and fiber property measurements, adopted or 
established pursuant to the Act, or any change or replacement thereof.
    (q) Universal standards. The official cotton standards of the United 
States for the grade of American upland cotton.
    (r) Person. Individual, association, partnership, or corporation, or 
two or more individuals having a joint or common interest.
    (s) Owner. Person who through financial interest, owns, controls, or 
has the disposition either of cotton or of samples.
    (t) Custodian. Person who has possession or control of cotton or of 
samples, as agent, controller, broker, or factor, as the case may be.
    (u) State. A State, Territory, or district of the United States.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c))

[22 FR 10932, Dec. 28, 1957, as amended at 28 FR 10633, Oct. 3, 1963; 30 
FR 6637, May 14, 1965; 42 FR 24711, May 16, 1977; 46 FR 24927, May 4, 
1981; 52 FR 30880, Aug. 18, 1987; 58 FR 41993, Aug. 6, 1993; 65 FR 
36600, June 9, 2000]

                       administrative and general



Sec. 28.3  Director.

    The Director shall perform for and under the supervision of the 
Secretary and the Administrator, such duties as the Secretary or the 
Administrator may require in enforcing the provisions of the Act and the 
regulations issued thereunder.



Sec. 28.4  Classing offices.

    Classing Offices shall be maintained at points designated by the 
Administrator. Requests for the review of the classification and/or 
comparison of cotton performed by Classing Offices may be referred to 
the Quality Control Section.

[52 FR 30881, Aug. 18, 1987]



Sec. Sec. 28.5-28.6  [Reserved]



Sec. 28.7  Area Director, Classing Office; responsibility.

    Subject to this subpart and the instructions of the Director, the 
Area Director of each Classing Office shall be responsible for the 
proper performance of the duties imposed on such office and on the 
persons connected therewith. The Area Director shall be responsible for 
receiving all correspondence relating to the classification of cotton 
under the act and for providing that all samples are prepared for 
classification and/or comparison in such manner that the name of the 
owner and/or the custodian shall be unknown to the cotton classers until 
after the samples are classified.

[52 FR 30881, Aug. 18, 1987]



Sec. 28.8  Classification of cotton; determination.

    For the purposes of the Act, the classification of any cotton shall 
be determined by the quality of a sample in accordance with Official 
Cotton Standards of the United States for the color grade and the leaf 
grade of American upland cotton, the length of staple, and fiber 
property measurements such as micronaire. High Volume Instruments will 
determine all fiber property measurements except leaf grade and 
extraneous matter. High Volume Instrument colormeter measurements will 
be used

[[Page 26]]

for determining the official color grade. Cotton classers will determine 
the official leaf grade and extraneous matter, and authorized Cotton 
Program employees will determine all fiber property measurements using 
High Volume Instruments. The classification record of a classing office 
or the Quality Assurance Unit with respect to any cotton shall be deemed 
to be the classification record of the Department.

[65 FR 36598, June 9, 2000]



Sec. 28.9  Inspection; sampling; classification.

    The inspection, sampling, and classification of cotton in the United 
States pursuant to the Act shall be performed as prescribed in this 
subpart. Subject in general to the provisions of this subpart the 
Director may issue from time to time instructions for the sampling, 
classification, and issuance of classification memoranda for cotton 
classed for special programs and other Government agencies, including 
the review of any classification performed pursuant to Sec. Sec. 28.901 
through 28.919.

[58 FR 41993, Aug. 6, 1993]

               requests for classification and comparison



Sec. 28.15  Classification and comparison; requests.

    All requests for classification and comparison shall be in writing 
on a form supplied by the Division and shall contain such information as 
the Director may require. For each lot or mark of cotton which the 
applicant desires classified or compared separately he shall specify 
which of the following forms of service is desired:
    (a) Form A determination. The classification or comparison of 
samples freshly drawn and submitted to a Classing Office direct from a 
licensed warehouseman, at the request of the owner of the cotton or the 
owner's agent. Such classification or comparison shall be evidenced by a 
Form A memorandum which shall be subject to review as provided in Sec. 
28.66.
    (b) Form C determination. The classification of bales of cotton 
inspected and sampled under the supervision of an employee of the 
Division. The classification in such cases shall be evidenced by a Form 
C certificate which shall be subject to review as provided in Sec. 
28.66.
    (c) Form D determination. The classification or comparison of 
samples submitted by the owner of the cotton or the owner's agent. Such 
classification or comparison shall be evidenced by a Form D memorandum 
which shall be subject to review as provided in Sec. 28.66.
    (d) Micronaire reading service. Micronaire (mike) reading service is 
available under Forms A, C, and D determinations upon request from the 
applicant and subject to the fees specified in Sec. 28.116 of this part 
28.

[22 FR 10932, Dec. 28, 1957, as amended at 31 FR 7734, June 1, 1966; 52 
FR 30881, Aug. 18, 1987]



Sec. 28.16  Request for return of samples.

    Any applicant desiring return of the samples after classification or 
comparison is completed, at the applicant's expense, shall indicate this 
service on the form used for requesting such classification or 
comparison.

[52 FR 30881, Aug. 18, 1987]



Sec. 28.17  Filing of requests for classification or comparison.

    All requests for classification or comparison leading to Form A, 
Form D memoranda or, Form C certificates shall be filed with the 
Classing Office which serves the territory in which the cotton is 
located. Samples which are submitted to any Classing Office for 
classification or comparison may be referred by such Classing Office to 
another Classing Office for classification or comparison.

[52 FR 30881, Aug. 18, 1987]



Sec. 28.18  One request only for classification.

    Not more than one request for a Form A determination, or a Form C 
determination, or a Form D determination of the same cotton, except a 
request for a review determination, shall be filed by the same owner 
within any 30-day period. Any subsequent request shall be accomplished 
by redrawn samples and the Area Director may require that any Form A or 
Form D memoranda, Form C certificates, or other

[[Page 27]]

classification data previously issued by a Classing Office with respect 
to samples purporting to represent the same cotton shall be returned 
before such redrawn samples are classed.

[52 FR 30881, Aug. 18, 1987]



Sec. 28.19  Withdrawal or rejection of classification request.

    Any classification request may be withdrawn by the applicant at any 
time before the classification of the cotton covered thereby, subject to 
the payment of such fees, if any, as may be prescribed in these 
regulations. Any classification request may be rejected by the Area 
Director or the Head of the Quality Control Section for noncompliance 
with the act or this subpart.

[52 FR 30881, Aug. 18, 1987]

              licensing of warehouses and gins for sampling

    Authority: Sections 28.20 to 28.24 issued under sec. 2, Pub. Res. 
72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 75-28, 50 Stat. 62 
(7 U.S.C. 473c).

    Source: Sections 28.20 to 28.24 appear at 42 FR 24711, May 16, 1977, 
unless otherwise noted.



Sec. 28.20  When license is required.

    Samples for Form A determination shall be accepted under this 
subpart from licensed warehousemen only. Samples for classification 
pursuant to Sec. Sec. 28.901 through 28.917 shall be accepted from 
licensed gins or warehouses. No license is required to sample cotton for 
Form C or Form D determination.



Sec. 28.21  Eligibility and application.

    Any cotton warehouse or gin which may desire to submit samples for 
determination or classification for which a license is required under 
Sec. 28.20 shall be eligible for a license. Application for licenses to 
draw and submit samples shall be submitted by warehouses and gins on 
forms furnished by the Division.



Sec. 28.22  Authority granted by license.

    Licenses issued by the Division shall authorize the warehouse to 
draw and submit samples from cotton stored in the warehouse for Form A 
determination or for classification pursuant to Sec. Sec. 28.901 
through 28.917. Licenses issued by the Division shall authorize gins to 
draw and submit samples from cotton ginned at the gin for classification 
pursuant to Sec. Sec. 28.901 through 28.917. Licenses shall be valid 
for a period of five years.



Sec. 28.23  Suspension or revocation of license.

    (a) Any license issued to a warehouse or gin to sample cotton may be 
suspended or revoked, following notice and opportunity for hearing, if 
the licensee has knowingly or carelessly sampled cotton improperly, or 
has submitted improper samples for classification, or has violated any 
provision of the Act or the regulations, or has used the license, or 
allowed it to be used, for any improper purpose.
    (b) Procedure. (1) All cases arising under this paragraph shall be 
conducted under the Uniform Rules of Practice, 7 CFR 1.130 et seq., and 
instituted upon a complaint filed by the Administrator.
    (2) In all cases except those involving willfulness, or in which the 
public health, interest, or safety otherwise requires, prior to the 
institution of a formal proceeding, the Administrator shall give written 
notice to the licensee of facts or conduct which appear to warrant 
institution of such a proceeding and shall afford the licensee the 
opportunity, within a reasonable time, to demonstrate or achieve 
compliance with the Act and regulations.
    (c) Suspension pending adjudication. In any situation where the 
integrity of sampling procedures would be seriously jeopardized if a 
license remained valid pending formal adjudication, the Administrator 
may temporarily suspend the license effective on or after the third day 
after mailing notice thereof to the licensee's last know address. Notice 
of temporary suspension may be made at or after the filing of a 
complaint and shall contain the reasons for the action.
    (d) Conditional suspension. (1) The Administrator may temporarily 
suspend a license, without hearing, for a correctable cause. Such 
suspension, after appropriate corrective action is taken, will 
terminate.

[[Page 28]]

    (2) Written notice shall be given to the licensee in advance of a 
temporary suspension if practicable, or within 2 days of oral notice, 
stating the reasons and grounds for temporary suspension.
    (3) A licensee may request a formal hearing procedure following 
receipt of oral or written notice of temporary suspension.
    (e) During any period in which the cotton sampling license of a 
warehouse or gin is suspended or revoked, the Division will not accept 
any samples from the licensee for Form A determination, or for 
classification pursuant to Sec. Sec. 28.901 through 28.917.



Sec. 28.24  Surrender of license certificate.

    In the event of suspension or revocation of a license, the licensee 
shall promptly surrender the license to the Division.

             drawing, submission and disposition of samples



Sec. 28.25  Samples for Form A determination.

    Samples for Form A determination shall be drawn, handled, 
identified, and shipped by a licensed warehouse according to the methods 
and procedures specified in this section. Any samples or set of samples 
which do not meet these specified requirements may be rejected by the 
Area Director.
    (a) Samples shall be freshly drawn.
    (b) Each sample shall consist of two portions, one drawn from each 
side of the bale. Each portion shall be at least six (6) inches wide and 
approximately twelve (12) inches long and shall weigh at least three (3) 
ounces.
    (c) Where it is necessary to draw two sets of samples, a single cut 
should be made in each side of the bale, and the portion of cotton 
removed from each cut should be broken in half across the layers to 
provide two complete samples. In those cases where this method would 
result in samples of insufficient length, it will be acceptable to split 
the sample lengthwise along the layers provided the outside portion from 
each side is submitted for the official classification.
    (d) Dressing, trimming, or discarding part of the sample is 
prohibited. No part of the cotton or pieces of bagging, leaf, grass, 
dirt, sand, or any other material shall be removed from either side of 
the sample.
    (e) A coupon showing the correct warehouse bale number and name and 
address of warehouse shall be placed between the two portions of each 
sample.
    (f) Samples shall be identified and sacked immediately after they 
are cut without further handling prior to shipment to the Classing 
Office.
    (g) Samples shall be addressed to and mailed, shipped, or delivered 
direct to the Classing Office serving the territory in which the 
warehouse is located. Samples shall in no case be consigned or routed 
through the owner or custodian of the cotton. Samples mailed or shipped 
shall be prepaid.
    (h) The Area Director may require that any licensed warehouse shall 
provide the crop year, gin name and gin bale number for each sample 
submitted whenever the Area Director deems that such information is 
necessary in order to assure that each sample is properly identified 
with the correct bale of cotton.
    (i) The licensed warehouse shall cooperate with employees of the 
Division making inspections of sampling procedures, and shall draw or 
permit the drawing of such additional samples, without charge as may be 
deemed necessary to appraise sampling procedures.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c), sec. 10, 42 Stat. 1519, sec. 3c, 50 
Stat. 62; 7 U.S.C. 61, 473c)

[28 FR 10633, Oct. 3, 1963, as amended at 42 FR 24712, May 16, 1977; 45 
FR 46783, July 11, 1980; 52 FR 30881, Aug. 18, 1987]



Sec. 28.26  Samples for Form C determination.

    Samples submitted for Form C determination shall be drawn under the 
supervision of a Division employee who shall retain custody or control 
of the samples until they are shipped prepaid or delivered at the 
applicant's expense to the Classing Office serving the territory in 
which the bales of cotton are located.

[52 FR 30881, Aug. 18, 1987]

[[Page 29]]



Sec. 28.27  Samples for Form D determination.

    Samples for Form D determination shall be shipped or delivered at 
the owner's expense to the Classing Office serving the territory in 
which the samples are located. A tag or coupon showing the bale number 
of the bale from which the sample was drawn, or other identification, 
shall be placed between the two portions of each sample.

[52 FR 30881, Aug. 18, 1987]



Sec. 28.28  Lost or damaged samples.

    If any samples are lost, damaged, or mutilated, the Area Director 
shall inform the applicant.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.29  Return of samples.

    When so stipulated in the classification request for Form A, C or D 
detemination, the samples submitted shall be returned to the applicant 
at the applicant's expense, at the time the memorandum is issued or when 
the request for classification is withdrawn or rejected.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.30  Samples not returned are property of Department.

    Samples not returned in accordance with this subpart, and loose 
cotton separated from samples in the handling and classification 
thereof, shall become the property of the Department.

[28 FR 10633, Oct. 3, 1963]

                               violations



Sec. 28.31  Denial of service.

    The Administrator may for good cause, including the acts or 
practices set forth in Sec. 28.32, debar any person, including the 
agents, officers, subsidiaries, or affiliates of such person, from any 
or all benefits of the Act for a specified period, after notice and 
opportunity for hearing has been afforded. Procedures outlined, or 
referred, in part 50 of this chapter (7 CFR 50.1 et seq.) shall govern 
proceedings under this section.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c))

[42 FR 24712, May 16, 1977]



Sec. 28.32  Misrepresentation; deceptive or fraudulent acts or practices; 
violations.

    Any of the following acts or practices may result in debarment from 
any or all benefits of the Act:
    (a) Any knowing misrepresentation or deceptive or fraudulent act or 
practice made or committed, or attempted to be committed, by any person 
in connection with (1) any request for classification, (2) the drawing, 
handling, identifying, or submitting of any samples for classification, 
(3) the making, issuing, or using of any memorandum or certificate of 
classification issued by a Classing Office or the Quality Control or (4) 
the changing of any warehouse bale tags or numbers after the cotton has 
been sampled for classification.
    (b) Any knowing violation of the regulations in this subpart or of 
the Act.

[28 FR 10634, Oct. 3, 1963, as amended at 52 FR 30882, Aug. 18, 1987]

                             classification



Sec. 28.35  Method of classification.

    All cotton samples shall be classified on the basis of the official 
cotton standards of the United States in effect at the time of 
classification.



Sec. 28.36  Order of classification.

    All samples for which classification requests are pending shall be 
classified, as far as practicable, in the order in which the samples are 
delivered for classification. When in the opinion of the Area Director 
there is a need to deviate from this order of classification, the Area 
Director shall designate which samples will be given priority in 
classification.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.37  Exposing of samples for classification.

    Classification shall not proceed until the samples, after being 
delivered to

[[Page 30]]

the Classing Office, shall have been exposed for such length of time as 
in the judgment of the Area Director shall be sufficient to put them in 
proper condition for the purpose.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.38  Lower grade (of two samples) to determine classification.

    If a sample drawn from one portion of a bale is lower in grade or 
shorter in length than one drawn from another portion of such bale, 
except as otherwise provided in this subpart, the classification of the 
bale shall be that of the sample showing the lower grade or shorter 
length.



Sec. 28.39  Cotton reduced in grade.

    If cotton be reduced in grade, by reason of the presence of 
extraneous matter or other irregularities or defects, below its grade 
according to the official cotton standards of the United States, the 
grade from which it is so reduced, the grade to which it is so reduced, 
and the condition or reason which so reduces its grade shall be 
determined and stated.

[25 FR 5872, June 25, 1960]



Sec. 28.40  Terms defined; cotton classification.

    For the purposes of classification of any cotton or of its 
comparison with a type or other samples, the following terms shall be 
construed, respectively, to mean:
    (a) Cotton of perished staple. Cotton that has had the strength of 
fiber, as ordinarily found in cotton, destroyed or unduly reduced 
through exposure to the weather either before picking or after baling, 
or through heating by fire, or on account of water packing, or by other 
causes.
    (b) Micronaire (mike) reading. The measurement of the fiber fineness 
and maturity, in combination, of cotton as determined by an airflow 
instrument. For any cotton that has a micronaire reading of 2.6 or 
lower, the Classing Office will enter the micronaire reading on all 
classification memoranda issued for such cotton.
    (c) Gin-cut cotton. Cotton that shows damage in ginning through 
cutting by the saws, to an extent that reduces its value more than two 
grades.
    (d) Reginned cotton. Cotton that has passed through the ginning 
process more than once, and cotton that, after having been ginned, has 
been subjected to a cleaning process and then baled.
    (e) Repacked cotton. Cotton that is composed of factors', brokers', 
or other samples, or of loose or miscellaneous lots collected and 
rebaled, or cotton in a bale which is composed of cotton from two or 
more smaller bales or parts of bales that are combined after the cotton 
leaves the gin.
    (f) False packed cotton. Cotton in a bale (1) containing substances 
entirely foreign to cotton; (2) containing damaged cotton in the 
interior with or without any indication of such damage upon the 
exterior; (3) composed of good cotton upon the exterior and decidedly 
inferior cotton in the interior, in such manner as not to be detected by 
customary examination; or (4) containing pickings or linters worked into 
the bale.
    (g) Mixed packed cotton. Cotton in a bale which, in the sample taken 
therefrom, shows (1) a difference of three or more grades, or (2) a 
difference of three or more color groups, or (3) a difference in length 
of staple of one-eighth inch or more. For purposes of this paragraph, 
White Cotton (including the Plus grades), Light Gray Cotton, and Gray 
Cotton shall constitute one color group, and Light Spotted Cotton, 
Spotted Cotton, Tinged Cotton, and Yellow Stained Cotton shall each 
constitute a color group.
    (h) Water-packed cotton. Cotton in a bale that has been penetrated 
by water during the baling process, causing damage to the fiber, or a 
bale that through exposure to the weather or by other means, while 
apparently dry on the exterior, has been damaged by water in the 
interior.

[22 FR 10933, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32 
FR 7011, May 9, 1967; 52 FR 30882, Aug. 18, 1987]

                        sample or type comparison



Sec. 28.45  Scope of comparison; requests.

    A comparison of cotton samples with a type may be requested with 
respect to grade, or to staple, including any of

[[Page 31]]

the component qualities embodied in the grade, or to all these factors. 
The classification of the type and the samples in accordance with the 
official cotton standards of the United States may also be requested. 
The applicant must specify in a written request the scope of service 
desired.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.46  Method of submitting samples and types.

    The method of submitting samples and types for comparison shall be 
the same as that prescribed in this subpart for submitting samples for 
classification.



Sec. 28.47  Statement of finding of Classing Office in comparisons.

    For each quality factor (grade, staple, etc.) of the samples that 
the applicant has requested to be compared to the type, the Classing 
Office shall state in its findings whether such quality factor for each 
sample is ``better,'' ``equal,'' or ``deficient'' in comparison with the 
type. When appropriate, the findings of the Classing Office may also 
show the amount of difference in grade and in length between the sample 
and the type as measured by the official cotton standards of the United 
States, and other explanatory notations as needed.

[52 FR 30882, Aug. 18, 1987]

                       certificates and memoranda



Sec. 28.55  Issuance of memoranda and certificates.

    As soon as practicable after the classification of cotton has been 
completed by a Classing Office, there shall be issued a cotton class 
memorandum or certificate of the appropriate kind showing the results of 
such classification. Upon request from an applicant, classification 
results may be issued in preliminary form on record sheets.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.56  Form A and Form D memorandum.

    (a) When a classification and/or comparison has been made of any 
samples submitted to a Classing Office direct from a public warehouse, 
the results of such classification and/or comparison may be stated in a 
Form A memorandum.
    (b) When a classification and/or comparison has been made of any 
samples submitted by the owner of the cotton or the owner's agent, the 
results of such classification and/or comparison may be stated in a Form 
D memorandum.
    (c) Form A and Form D memoranda shall not be deemed to be final 
certificates within the meaning of section 4 of the Act (42 Stat. 1517; 
7 U.S.C. 54).

[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30882, Aug. 18, 1987]



Sec. 28.57  Form C certificate.

    When classification has been made of cotton inspected and sampled 
under supervision of a Division employee there shall be issued a cotton 
class certificate known as a Form C certificate. Each Form C certificate 
shall show the true classification of the cotton in the respects 
specified in the request. Such certificate, when it has been once 
reviewed in accordance with Sec. 28.66, shall be deemed to be a final 
certificate as to the classification shown, within the meaning of 
section 4 of the Act (42 Stat. 1517; 7 U.S.C. 54), in all cases except 
when superseded by a certificate or award made as provided in Sec. 
28.161.



Sec. 28.58  New memorandum or certificate; issuance.

    Upon the written request of a holder of a cotton class memorandum or 
certificate issued under this subpart, a new memorandum or certificate 
shall be issued, without the reclassification of the cotton, to take the 
place of the former memorandum or certificate for any cotton covered 
thereby, when necessary on account of the breaking or splitting of a lot 
or otherwise for the business convenience of such holder. In any case 
where a new memorandum or certificate is requested in accordance with 
this section the former memorandum or certificate shall be surrendered 
for cancellation, and such new memorandum or certificate shall bear a 
new number and the date of its issuance and the date of original 
classification and shall otherwise comply with this subpart.

[[Page 32]]



Sec. 28.59  Lost memorandum or certificate may be replaced by duplicate.

    Upon the written request of the last holder of a valid Form A or 
Form D memorandum, or Form C Certificate and a showing to the 
satisfaction of the Area Director of the Classing Office which issued 
such memorandum or certificate that it has been lost or destroyed and, 
if lost, that diligent effort has been made to find it without success, 
a new memorandum or certificate shall be issued without the 
reclassification of the cotton. Such new memorandum or certificate shall 
bear the same number and date of issuance as the lost or destroyed 
memorandum or certificate and shall include a statement to the effect 
that it is a duplicate issued in lieu of the lost or destroyed original, 
as the case may be.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.60  Surrender of memoranda or certificates.

    For good cause, any memorandum or certificate issued under this 
subpart shall be surrendered to the Area Director of the Classing Office 
which issued it, upon the Area Director's request or upon the request of 
the Director. A new memorandum or certificate complying with this 
subpart may be issued in substitution therefor. If such memorandum or 
certificate be not surrendered upon such request, it shall nevertheless 
be invalid for the purposes of the act and this subpart.

[52 FR 30882, Aug. 18, 1987]

                                 reviews



Sec. 28.65  Provisions for reviews.

    Reviews of classifications or comparisons represented by Form A or D 
memoranda or Form C certificates shall be governed by Sec. 28.66.



Sec. 28.66  Review procedure.

    A review of any Form A, C, or D determination may be requested by 
the owner or custodian of the cotton from which the sample was drawn 
within 30 days after the issuance of the original memorandum. Such 
review shall cover all of the quality factors for which the original 
determination was made. Requests for reviews of Form A or D 
determinations may be filed with, and the review made by, the Classing 
Office which issued such memorandum or the Quality Control System. 
Requests for reviews of Form C determinations shall be filed with, and 
the reviews made by, the Quality Control System. Redrawn samples shall 
be required for reviews of Form A and Form C determinations except in 
cases where the original samples have remained, identity preserved, in 
the custody of the Division. When redrawn samples are necessary, they 
shall be drawn and submitted as prescribed in this subpart. As evidence 
of a review determination, a Form A or D memorandum or Form C 
certificate appropriately marked to indicate that it represents a review 
determination shall be issued to the applicant requesting the review. 
The applicant may be required by the Classing Office or the Quality 
Control Section issuing such review determination to surrender the 
original classification memorandum or certificate. In any event the 
review determination shall supersede and invalidate the original 
determination.

[52 FR 30882, Aug. 18, 1987]



Sec. 28.68  Withdrawal of application for review.

    Any application for review may be withdrawn by the applicant at any 
time before the review classification of the cotton covered thereby has 
been completed, subject to the payment of such fees, if any, as may be 
prescribed in this subpart.

                   practical forms of cotton standards



Sec. 28.105  Practical forms of cotton standards.

    (a) Practical forms of the cotton standards of the United States 
prepared in physical form, each certified under the seal of the U.S. 
Department of Agriculture and under the signature of the Administrator, 
thereto affixed by the Administrator or by some other official or 
employee of the Department duly authorized by the Administrator, and in 
the case of the standards for grade accompanied by photographs 
representing the cotton in such practical forms on the date of 
certification, are

[[Page 33]]

available for sale to any person requesting the same, subject to the 
other conditions of this section.
    (b) Each application for practical forms of the cotton standards 
shall be upon an application form furnished by the Division, shall be 
signed by the applicant, and shall incorporate the following conditions:
    (1) That no practical form of any of the cotton standards for the 
grade of American Upland cotton shall be considered or used as 
representing such standards after the date of its cancellation in 
accordance with this section or in any event after the expiration of 12 
months following the date of its certification: Provided, That sets of 
practical forms stored, protected, and preserved in accordance with 
certain agreements for the adoption of universal standards may be used 
for such periods as may be prescribed in such agreements.
    (2) That said practical forms and the photographs accompanying them 
shall be subject to inspection on any business day, between the hours of 
9 a.m. and 4 p.m., by the Administrator or by an officer or agent of the 
Department authorized by the Administrator for that purpose.
    (3) That the signature of the Administrator certifying to any 
practical form, or any photograph of said practical form accompanying 
the same, or both, may be cancelled if it be found, upon such 
inspection, either that copy of said forms for any reason misrepresents 
the cotton standards or that any such photographs have been altered or 
mutilated.

[22 FR 10930, Dec. 28, 1975, as amended at 48 FR 37003, Aug. 16, 1983; 
52 FR 30883, Aug. 18, 1987]



Sec. 28.106  Universal cotton standards.

    Whenever any of the official cotton standards shall have been 
adopted as universal standards by an association or exchange located in 
a country other than the United States, the name of such association or 
exchange may be shown on the outside of the box or container.



Sec. 28.107  Original cotton standards and reserve sets.

    (a) The containers of the original Universal Standards and other 
official cotton standards of the United States currently adopted, 
whenever such official standards are represented by practical forms, 
shall be marked as prescribed in the order or orders of their 
establishment, and shall be wrapped and sealed. After being so marked, 
wrapped and sealed, they shall be held in secure storage in the custody 
of the U.S. Department of Agriculture. The Director may authorize the 
temporary removal of such containers from storage and the transporting 
of the containers to other locations for purposes of Universal Cotton 
Standards Conferences and other purposes as deemed necessary by the 
Director. Such containers shall remain in the control and custody of the 
Director until the original standards contained therein are superseded 
by new or revised standards.
    (b) At each Universal Cotton Standards Conference held for approving 
key copies of the Universal Standards there shall be prepared two full 
sets of practical forms of copies of such standards, which shall be 
known as ``Reserve Sets'' and which, upon the certification and 
recommendation of qualified experts, shall be certified by such experts 
as true copies of the currently adopted standards as and when 
established. Such reserve sets shall be enclosed in metal-lined cases 
and sealed in the presence of a special committee duly authorized by the 
Director and composed of representatives from the associations attending 
the conference and the Department. The special committee shall deposit 
the set designated as the First Reserve Set in a vault in a bank in 
Memphis, Tenn. The Division shall keep the set designated as the Second 
Reserve Set in secure storage. These reserve sets shall remain sealed 
and deposited until such time as they shall be required for examination 
and use as set forth in paragraph (c) of this section.
    (c) At the beginning of the next Universal Cotton Standards 
Conference, a special committee duly authorized by

[[Page 34]]

the Director and composed of representatives from the associations 
attending the conference and the Department shall deliver the First 
Reserve Set from its storage place to the site of the conference. This 
special committee shall witness the opening of the First Reserve Set for 
display at the conference. The Director shall arrange for removal of the 
Second Reserve Set from its storage place and for the transport of such 
set to the site of the conference. If upon examination of the First 
Reserve Set by representatives at the conference it should appear that 
such set has undergone any substantial change, the Second Reserve Set 
shall be opened and used in its stead.
    (d) The First Reserve Set of each conference or the Second Reserve 
Set, if it has been used in place of the First Reserve Set, as provided 
in paragraph (c) of this section shall be retained by the Division until 
the currently adopted standards which they represent have been 
superseded by new or revised standards.

[30 FR 6637, May 14, 1965, as amended at 48 FR 16874, Apr. 20, 1983; 52 
FR 30883, Aug. 18, 1987]

                             fees and costs



Sec. 28.115  Fees and costs; payment.

    All charges for practical forms of cotton standards and all fees and 
expenses for services of inspection of bales and supervision of 
sampling, classification, comparison, or review by a Classing Office 
shall be paid at the time of filing the request for the service desired, 
except that in the discretion of the Director bills may be delivered to 
persons from whom payment or charges or fees may become due. Such bills 
shall be rendered as soon as practicable after the last day of each 
month for amounts due and unpaid on such dates. When necessary, in the 
discretion of the Area Director, any bill may be rendered at an earlier 
date for any charges or fees then due from the person to whom such bill 
may be rendered. Payment of any such bill shall be made as soon as 
possible after the rendition thereof, but in any event not later than 
the expiration of 2 weeks thereafter.

[52 FR 30883, Aug. 18, 1987]



Sec. 28.116  Amounts of fees for classification; exemption.

    (a) For the classification of any cotton or samples, the person 
requesting the services shall pay a fee, as follows, subject to the 
additional fee provided by paragraph (c) of this section.
    (1) For American Pima Cotton only--grade, staple and micronaire 
reading for $2.00 per sample; grade and staple only for $1.50 per 
sample; grade only or staple only for $1.20 per sample.
    (2) High Volume Instrument (HVI) classification, including grade--
$2.00 per sample.
    (3) High Volume Instrument (HVI) classification, excluding grade--
$1.75 per sample.
    (b) When a comparison is requested of any samples with a type or 
with other samples, the fees prescribed in paragraph (a) (1) (2) and (3) 
of this section shall apply to every sample involved, including each of 
the samples of which the type is composed.
    (c) An additional fee of 40 cents per sample shall be assessed for 
services described in paragraphs (a) (1), (2), and (3), and (b) of this 
section unless the request for service is so worded that the samples 
become government property immediately after classification.
    (d) For any review of classification or comparison of any cotton, 
the fees prescribed in paragraph (a) of this section shall apply. The 
additional fee prescribed in paragraph (c) of this section is not 
applicable to review of classification if made on the same sample as the 
original class or comparison.

[46 FR 48112, Oct. 1, 1981, as amended at 55 FR 20440, May 17, 1990; 56 
FR 24673, May 31, 1991; 57 FR 27892, June 23, 1992]



Sec. 28.117  Fee for new memorandum or certificate.

    For each new memorandum or certificate issued in substitution for a 
prior memorandum or certificate at the request of the holder, thereof, 
on account of the breaking or splitting of the lot of cotton covered 
thereby or otherwise for his business convenience, the person requesting 
such substitution shall pay a fee of 15 cents per bale or a minimum fee 
of $5.00 per sheet. If the memorandum is provided by means of a computer 
diskette, the fee for each diskette shall be the higher

[[Page 35]]

of $10.00 or 10 cents per bale. The cost of any diskette not returned to 
the Division will be billed to the requestor.

[56 FR 24673, May 31, 1991]



Sec. 28.118  When no fee collected for new certificate or memorandum.

    No fee shall be collected for a new cotton class certificate or 
memorandum issued in lieu of a prior certificate or memorandum solely 
for the purpose of correcting clerical errors therein, or for the 
purpose of substituting a new form applicable to outstanding 
certificates or memorandums, or without an application therefor.



Sec. 28.119  Fee when request for classification is withdrawn.

    When the request for the classification or comparison of any cotton 
or an application for review shall be withdrawn after the classification 
of such cotton has been started pursuant thereto, the person filing the 
same shall pay the prescribed fee as to any such cotton already 
classified.



Sec. 28.120  Expenses to be borne by party requesting classification.

    For any samples submitted for Form A, Form C, or Form D 
determinations, the expenses of inspecting and sampling, or supervising 
the sampling, and the preparation of the samples and delivery of such 
samples to the classification room or other place specifically 
designated for the purpose by the Director shall be borne by the party 
requesting classification.

[56 FR 24673, May 31, 1991]



Sec. 28.121  Advance deposits.

    Upon request, the person from whom any payment under this subpart 
may become due shall make an advance deposit to cover such payment in 
such amount as may be necessary in the judgment of the official of the 
Division requesting the same.



Sec. 28.122  Fee for practical classing examination.

    The fee for the practical classing examination for cotton shall be 
$105.00. Any applicant who passes the examination may be issued a 
certificate indicating this accomplishment. Any person who fails to pass 
the examination may be reexamined. The fee for this practical 
reexamination is $85.00.

[57 FR 27892, June 23, 1992, as amended at 58 FR 41993, Aug. 6, 1993]



Sec. 28.123  Costs of practical forms of cotton standards.

    The costs of practical forms of the cotton standards of the United 
States are as follows:

------------------------------------------------------------------------
                                         Dollars each box or roll
                                 ---------------------------------------
                                  Domestic shipments       Shipments
                                 --------------------  delivered outside
                                                        the continental
  Effective date: July 1, 1992                           United States
                                   f.o.b.            -------------------
                                  Memphis,   Surface              Air
                                     TN     delivery    Air      parcel
                                                      freight     post
                                                      collect  delivered
------------------------------------------------------------------------
Grade Standards:
  American Upland...............      $125      $130     $125      $165
  American Pima.................       160       165      160       200
Standards for length of staple:
  American Upland (prepared in          19        22       19        33
   one pound rolls for each
   length)......................
  American Pima (prepared in one        20        23       20        34
   pound rolls for each length).
------------------------------------------------------------------------


[57 FR 27892, June 23, 1992]



Sec. 28.124  Payments; procedure.

    Any payment or advance deposit under Sec. Sec. 28.115 through 
28.123 shall be by check, draft, or money order, payable to the order of 
the ``Agricultural Marketing Service, USDA'', and may not be made in 
cash except in cases where the total payment or deposit does not exceed 
$1.

[22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965]



Sec. 28.125  No voiding or modifying claims for payment.

    Nothing in this subpart shall be construed to void or modify any 
claim which a person or party requesting and paying for a service may 
have against any other person or party for the payment of part or all of 
such costs.



Sec. 28.126  Loaning of forms and exhibits.

    In the discretion of the Director, limited numbers of copies of the 
practical

[[Page 36]]

forms of any of the official standards, or specially prepared exhibits 
illustrating any of such standards or cotton samples, may be loaned to 
governmental agencies for official purposes or to educational and other 
institutions or organizations for demonstration purposes.

                     adjustment of contract disputes



Sec. 28.160  Cotton examiners on foreign exchanges.

    Whenever any association or exchange in any country other than the 
United States shall adopt the universal standards and establish them as 
the basis of all transactions and contracts for American upland cotton, 
made and executed according to its rules, the Director may appoint 
certain members or officials of such exchanges as cotton examiners. 
Insofar as the administration of the act applies to cotton involved in 
contracts made in accordance with the rules of such exchange, the 
administration shall be as prescribed in Sec. Sec. 28.161 through 
28.162.



Sec. 28.161  Disputes involving contracts for shipment of cotton from 
United States.

    When an association or exchange located in a country other than the 
United States shall adopt any of the official cotton standards of the 
United States and when the members of the committee of such association 
or exchange having final jurisdiction in the matter of appeals have been 
designated as cotton examiners by the Director, such committee may be 
constituted for the purposes of this act a Board of the Department and 
authorized to act as follows:
    (a) Insofar as the exchange has adopted the universal standards the 
committee may pass upon the classification of cotton involved in a 
dispute between a party in the United States and a party without the 
United States to a contract made under the rules of the association or 
exchange.
    (b) The submission of samples of cotton involved in such a dispute 
to such association or exchange or such committee in accordance with the 
rules of the association or exchange shall be deemed to be a submission 
to the Department.
    (c) Determinations of classification made by the boards so 
constituted shall be final. When so provided in the articles, rules, or 
bylaws of the association or exchange, such determinations may be 
evidenced by awards. If an award is made which does not state the 
classification, such board will, upon request of the owner or custodian 
of the cotton and the payment of a reasonable additional fee, issue a 
certificate showing in detail the true classification for grade and 
color of such cotton, based upon a comparison of the samples with the 
universal standards or with a type or other samples on which the cotton 
has been sold, as the case may be.



Sec. 28.162  Procedure.

    The manner of procedure in submitting and handling samples, in 
classification and in instituting and conducting arbitrations and 
appeals shall be as prescribed in the articles, bylaws, and rules of the 
association or exchange.

                           publications media



Sec. 28.165  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection requirements of the Office of 
Management and Budget contained in 7 CFR part 28 under the Paperwork 
Reduction Act of 1980.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
       7 CFR sections where identified and described         control No.
------------------------------------------------------------------------
28.15-28.19................................................    0581-0008
28.20-28.24................................................    0581-0008
28.25......................................................    0581-0009
28.66......................................................    0581-0008
28.105.....................................................    0581-0008
28.115.....................................................    0581-0008
28.120.....................................................    0581-0008
28.122.....................................................    0581-0008
28.139.....................................................    0581-0008
28.146.....................................................    0581-0008
28.177.....................................................    0581-0008
28.181-28.184..............................................    0581-0008
28.904.....................................................    0581-0009
28.906.....................................................    0581-0009
28.911.....................................................    0581-0008
------------------------------------------------------------------------


[52 FR 30884, Aug. 18, 1987]

[[Page 37]]



           Subpart B_Classification for Foreign Growth Cotton

    Authority: Sec. 205, 60 Stat. 1090, as amended (7 U.S.C. 1624).



Sec. 28.175  Administrative and general.

    Insofar as applicable, and not inconsistent with this subpart, the 
provisions of subpart A of this part shall likewise apply to the 
classification and comparison of cotton produced outside the continental 
United States.

[58 FR 41993, Aug. 6, 1993]



Sec. 28.176  Designation of official certificates, memoranda, marks, other 
identifications, and devices for purpose of the Agricultural Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Public Law 272, 84th Congress, provides criminal penalties 
for various specified offenses relating to official certificates, 
memoranda, marks or other identifications, and devices for making such 
marks or identifications, issued or authorized under section 203 of said 
Act and certain misrepresentations concerning the inspection or grading 
of agricultural products under said section. For the purposes of said 
subsection and the provisions in this subpart, the terms listed below 
shall have the respective meanings specified:
    (a) Official certificate means any form of certification, either 
written or printed, used under this subpart to certify with respect to 
the inspection, sampling, class, grade, quality, quantity, or conditions 
of products (including the compliance of products with applicable 
specifications).
    (b) Official memorandum means any initial record of findings made by 
an authorized person in the process of grading, inspecting, or sampling, 
pursuant to this subpart, any processing or plant-operation report made 
by an authorized person in connection with grading, inspecting, or 
sampling under this subpart, and any report made by an authorized person 
of services performed pursuant to this subpart.
    (c) Official mark means the grade mark, inspection mark, and any 
other mark, approved by the Administrator and authorized to be affixed 
to any product, or affixed to or printed on the packaging material of 
any product, stating that the product was graded or inspected or both, 
or indicating the appropriate U.S. Grade or condition of the product, or 
for the purpose of maintaining the identity of products graded or 
inspected or both under this subpart.
    (d) Official identification means any United States (U.S.) standard 
designation of class, grade, quality, quantity, or condition specified 
in this subpart or any symbol, stamp, label, or seal indicating that the 
product has been officially graded or inspected and/or indicating the 
class, grade, quality, quantity, or condition of the product, approved 
by the Administrator and authorized to be affixed to any product, or 
affixed to or printed on the packaging material of any product.
    (e) Official device means a stamping appliance branding device, 
stencil, printed label or any other mechanically or manually operated 
tool that is approved by the Administrator for the purpose of applying 
any official mark or other identification to any product or the 
packaging material thereof.



Sec. 28.177  Request for classification and comparison of cotton.

    The applicant shall make a separate written request, on a form 
supplied by the Division, for each lot or mark of cotton which the 
applicant desires classified or compared separately. The same applicant 
shall not file more than one request for the classification or 
comparison of the same cotton within any 30-day period except for a 
review classification or comparison as provided in Sec. 28.181. All 
requests for classification or comparison in the United States shall be 
filed with the Classing Office which serves the territory in which the 
samples are located. If the cotton is stored outside the United States 
the request shall be filed with the Classing Office designated by the 
Director. The Area Director of any Classing Office may refer any request 
and the samples submitted to another office or to the Quality Control 
Section for classification or comparison.

[52 FR 30884, Aug. 18, 1987]

[[Page 38]]



Sec. 28.178  Submission of cotton samples.

    Samples of cotton submitted to a Classing Office for classification 
and/or comparison shall be drawn from both sides of the bale and shall 
be delivered to the Classing Office with which the request was filed, as 
soon as possible after the filing of such request. All such samples 
shall be enclosed in one or more wrappers, which shall be labeled or 
marked, or both, in such manner as to show the name and address of the 
owner, the lot number or marks, if any, the number of bales represented 
by the samples in each wrapper, and such other information as may be 
necessary in accordance with the instructions of the Area Director. All 
transportation charges incident to the submission of samples shall be 
prepaid by the party making the request or the requester's agent.

[52 FR 30884, Aug. 18, 1987]



Sec. 28.179  Methods of cotton classification and comparison.

    The classification of samples from cotton produced outside the 
continental United States shall be on the basis of the official cotton 
standards of the United States in effect at the time of classification. 
When a comparison of such cotton samples with other actual samples or 
with a type is requested, the procedure and methods shall be as outlined 
in Sec. Sec. 28.45 through 28.47.



Sec. 28.180  Issuance of cotton classification memoranda.

    As soon as practicable after the classification or comparison of 
cotton has been completed by a Classing Office, there shall be issued a 
cotton classification memorandum which shall embody within its written 
or printed terms:
    (a) The results of the classification or comparison.
    (b) The name of the country in which the cotton was produced.
    (c) The source from which the samples were received for 
classification.
    (d) A statement that any classification made has been on the basis 
of the official cotton standards of the United States in effect at the 
time of such classification.
    (e) The signature of the Area Director of the Classing Office, the 
location of the office, and the date of issuance of the memorandum.

[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30884, Aug. 18, 1987]



Sec. 28.181  Review of cotton classification.

    A review of any classification or comparison made pursuant to this 
subpart may be requested by the owner or custodian of the cotton from 
which the sample was drawn within 30 days after the issuance of the 
original memorandum. Such request, accompanied by the original 
memorandum, may be filed with either the Classing Office which issued 
the original memorandum or the Quality Control Section. Redrawn samples 
shall be required except in cases where the original samples have 
remained, identity preserved, in the custody of the Classing Office 
which issued the original memorandum. As evidence of any review 
determination, a classification memorandum marked to indicate that it 
represents a review determination shall be issued to the applicant 
requesting the review.

[52 FR 30884, Aug. 18, 1987]



Sec. 28.182  Surrender of memoranda.

    For good cause, any memorandum issued under this subpart shall be 
surrendered to the Area Director which issued it, upon the Area 
Director's request or upon the request of the Director, and a new 
memorandum complying with this subpart issued in substitution therefor. 
If the memorandum be not surrendered upon such request, it shall 
nevertheless be invalid for the purpose of this subpart.

[52 FR 30884, Aug. 18, 1987]



Sec. 28.183  Fees and costs; payment.

    The provisions of Sec. Sec. 28.115 through 28.126 relating to fees, 
costs, and method of payment shall apply to services performed with 
respect to cotton produced outside the continental United States.

[[Page 39]]



                           Subpart C_Standards

   Official Cotton Standards of the United States for Length of Staple

    Authority: Sections 28.301 to 28.307 issued under Sec. 10, 42 Stat. 
1519; 7 U.S.C. 61. Interpret or apply sec. 6, 42 Stat. 1518, as amended, 
sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 26 U.S.C. 4854.



Sec. 28.301  Measurement: humidity; temperature.

    The length of staple of any cotton shall be the normal length by 
measurement, without regard to quality or value, of a typical portion of 
its fibers under a relative humidity of the atmosphere of 65 percent and 
a temperature of 70[deg] F.



Sec. 28.302  Terms of designation.

    The length of staple of any cotton shall be designated by that one 
of the following terms which expresses its measurement in inches and 
fractions of an inch in accordance with Sec. 28.301:
    ``Below \13/16\; \7/8\; \29/32\; \15/16\; \31/32\; 1; 1\1/32\; 1\1/
16\; 1\3/32\; 1\1/8\; 1\5/32\; 1\3/16\; 1\7/32\; 1\1/4\; 1\9/32\; 1\5/
16\; 1\11/32\; 1\3/8\; 1\13/32\; 1\7/16\; 1\15/32\; 1\1/2\; 1\17/32\; 
1\9/16\; 1\19/32\; 1\5/8\; 1\21/32\; 1\11/16\; 1\23/32\; 1\3/4\; and 
upward in like manner in gradations of thirty-seconds, disregarding any 
fraction less than a thirty-second.''



Sec. 28.303  Standards for length of staple for American upland cotton.

    (a) Effective July 12, 1985, standards for the lengths of staple of 
American upland cotton shall be measurements as determined by the Suter-
Webb Duplex Cotton Fiber Sorter in accordance with the test method 
prescribed in paragraph (c) of this section. Ranges for each official 
staple length are shown in the table below. Staple standards exceeding 
1\1/4\ inches, in graduations of thirty-second inches, will be expressed 
in increments of .041 inches.

                               [In inches]
------------------------------------------------------------------------
                                                          Upper quartile
                      Staple length                        length range
------------------------------------------------------------------------
\13/16\.................................................       .827-.847
\7/8\...................................................       .909-.929
\29/32\.................................................       .950-.970
\15/16\.................................................      .990-1.010
\31/32\.................................................     1.031-1.051
1.......................................................     1.072-1.092
1\1/32\.................................................     1.113-1.133
1\1/16\.................................................     1.154-1.174
1\3/32\.................................................     1.195-1.215
1\1/8\..................................................     1.236-1.256
1\5/32\.................................................     1.277-1.297
1\3/16\.................................................     1.318-1.338
1\7/32\.................................................     1.359-1.379
1\1/4\..................................................     1.400-1.420
------------------------------------------------------------------------

    (b) Cotton selected for the preparation of practical forms of staple 
standards shall, to the extent practicable, measure at the mid-point of 
the appropriate staple range indicated in paragraph (a) of this section.
    (c) Length measurements shall be performed in accordance with the 
``Standard Test Method for Length and Length Distribution of Cotton 
Fibers (Array Method), ANSI/ASTM D 1440-77 (1982), which is incorporated 
by reference pursuant to the provisions of 5 U.S.C. 552(a). This 
standard test method has been adopted by the American Society for 
Testing and Materials (ASTM) and approved as an American National 
Standard by the American National Standards Institute. It is published 
in the ``Annual Book of ASTM Standards,'' Part 33, volume 07.02. Copies 
of the ASTM book and copies of ASTM standard D 1440-77 as a separate 
publication may be obtained from ASTM, Customer Service, 1916 Race 
Street, Philadelphia, PA 19103. A copy of the ASTM standard test method 
is also on file at the Office of the Federal Register. A notice of any 
change in the ASTM standard test method cited herein will be published 
in the Federal Register.

[49 FR 28391, July 12, 1984]



Sec. 28.304  Original representation of American Pima cotton staple lengths.

    The following lengths of American Pima staple are represented by a 
quantity of cotton in the custody of the United States Department of 
Agriculture suitably contained and marked ``Original Representation of 
Official Cotton Standards of the United States'' followed in each 
instance by the name of growth, appropriate designation for staple 
length, and the effective date.

------------------------------------------------------------------------
          Staple length (inches)                   Effective date
------------------------------------------------------------------------
1\5/16\...................................  Aug. 1, 1961.
1\3/8\....................................  Aug. 10, 1943.

[[Page 40]]

 
1\7/16\...................................  Aug. 10, 1943.
1\1/2\....................................  Aug. 1, 1929.
------------------------------------------------------------------------


[49 FR 28391, July 12, 1984]



Sec. 28.306  Over \13/16\ inch staple.

    Cotton which is more than thirteen-sixteenths of an inch in length 
of staple but is not exactly one of the measurements specified in Sec. 
28.302, shall be designated by that one of such measurements which comes 
nearest under its true measurement.

[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]



Sec. 28.307  Bale of different staple lengths.

    Whenever the length of staple of cotton taken from one part of a 
bale is different from that taken from another part of the same bale, 
the length of staple of the cotton in such bale shall be that of the 
part which is the shorter.

[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]

 Official Cotton Standards of the United States for the Color Grade of 
                         American Upland Cotton

    Authority: Section 28.401 to 28.451 issued under Sec. 10, 42 Stat. 
1519; (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as 
amended; (7 U.S.C. 56), unless otherwise noted.

    Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.

                              white cotton



Sec. 28.401  Good Middling Color.

    Good Middling Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Good Middling, effective July 1, 
1987.''



Sec. 28.402  Strict Middling Color.

    Strict Middling Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Strict Middling, effective July 
1, 1987.''



Sec. 28.403  Middling Color.

    Middling Color is color which is within the range represented by a 
set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Middling, effective July 1, 
1987.''



Sec. 28.404  Strict Low Middling Color.

    Strict Low Middling Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling, effective July 1, 1987.''



Sec. 28.405  Low Middling Color.

    Low Middling Color is color which is within the range represented by 
a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Low Middling, effective July 1, 
1987.''



Sec. 28.406  Strict Good Ordinary Color.

    Strict Good Ordinary Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Good 
Ordinary, effective July 1, 1987.''



Sec. 28.407  Good Ordinary Color.

    Good Ordinary Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Good Ordinary, effective July 1, 
1987.''

[[Page 41]]

                          Light Spotted Cotton

    Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.



Sec. 28.411  Good Middling Light Spotted Color.

    Good Middling Light Spotted Color is color which in spot or color, 
or both, is between Good Middling Color and Good Middling Spotted Color.



Sec. 28.412  Strict Middling Light Spotted Color.

    Strict Middling Light Spotted Color is color which in spot or color, 
or both, is between Strict Middling Color and Strict Middling Spotted 
Color.



Sec. 28.413  Middling Light Spotted Color.

    Middling Light Spotted Color is color which in spot or color, or 
both, is between Middling Color and Middling Spotted Color.



Sec. 28.414  Strict Low Middling Light Spotted Color.

    Strict Low Middling Light Spotted Color is color which in spot or 
color, or both, is between Strict Low Middling Color and Strict Low 
Middling Spotted Color.



Sec. 28.415  Low Middling Light Spotted Color.

    Low Middling Light Spotted Color is color which in spot or color, or 
both, is between Low Middling Color and Low Middling Spotted Color.



Sec. 28.416  Strict Good Ordinary Light Spotted Color.

    Strict Good Ordinary Light Spotted Color is color which in spot or 
color, or both, is between Strict Good Ordinary Color and Strict Good 
Ordinary Spotted Color.

                             Spotted Cotton

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec. 28.421  Good Middling Spotted Color.

    Good Middling Spotted Color is color which is better than Strict 
Middling Spotted Color.



Sec. 28.422  Strict Middling Spotted Color.

    Strict Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Middling 
Spotted, effective July 1, 1987.''



Sec. 28.423  Middling Spotted Color.

    Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Middling 
Spotted, effective July 1, 1987.''



Sec. 28.424  Strict Low Middling Spotted Color.

    Strict Low Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling Spotted, effective July 1, 1987.''



Sec. 28.425  Low Middling Spotted Color.

    Low Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Low Middling 
Spotted, effective July 1, 1987.''



Sec. 28.426  Strict Good Ordinary Spotted Color.

    Strict Good Ordinary Spotted Color is color which is within the 
range represented by a set of samples in the custody of the United 
States Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Upland, Strict 
Good Ordinary Spotted, effective July 1, 1987.''

[[Page 42]]

                              tinged cotton

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec. 28.431  Strict Middling Tinged Color.

    Strict Middling Tinged Color is color which is better than Middling 
Tinged Color.



Sec. 28.432  Middling Tinged Color.

    Middling Tinged Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Middling Tinged, effective July 
1, 1987.''



Sec. 28.433  Strict Low Middling Tinged Color.

    Strict Low Middling Tinged Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling Tinged, effective July 1, 1987.''



Sec. 28.434  Low Middling Tinged Color.

    Low Middling Tinged Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Low Middling 
Tinged, effective July 1, 1987.''

                          yellow stained cotton



Sec. 28.441  Strict Middling Yellow Stained Color.

    Strict Middling Yellow Stained Color is color which is deeper than 
that of Strict Middling Tinged Color.

[57 FR 34498, Aug. 5, 1992]



Sec. 28.442  Middling Yellow Stained Color.

    Middling Yellow Stained Color is American Upland cotton which in 
color is deeper than Middling Tinged Color.

[57 FR 34498, Aug. 5, 1992]

                        below color grade cotton



Sec. 28.451  Below Color Grade Cotton.

    Below color grade cotton is American Upland cotton which is lower in 
color grade than Good Ordinary, or Strict Good Ordinary Light Spotted, 
or Strict Good Ordinary Spotted, or Low Middling Tinged, or Middling 
Yellow Stained. In cotton classification, the official designation for 
such cotton is Below Color Grade. The term Below Good Ordinary Color, or 
Below Strict Good Ordinary Light Spotted Color, or Below Strict Good 
Ordinary Spotted Color, or Below Low Middling Tinged Color, or Below 
Middling Yellow Stained Color and other additional explanatory terms 
considered necessary to describe adequately the condition of the cotton 
may be entered on classification memorandums or certificates.

[57 FR 34498, Aug. 5, 1992]

  Official Cotton Standards of the United States for the Leaf Grade of 
                         American Upland Cotton

    Authority: Sections 28.461 to 28.482 issued under Sec. 10, 42 Stat. 
1519; (7 U.S.C. 61). Section 28.482 also issued under Sec. 3c, 50 Stat. 
62 (7 U.S.C. 473c) and 90 Stat. 1841-1846 as amended (7 U.S.C. 15b). 
Interpret or apply Sec. 6, 42 Stat. 1518, as amended; (7 U.S.C. 56), 
unless otherwise noted.

                               leaf grades

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec. 28.461  Leaf Grade 1.

    Leaf Grade 1 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Good Middling, effective July 1, 1987.''



Sec. 28.462  Leaf Grade 2.

    Leaf Grade 2 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Strict Middling, effective July 1, 1987.''

[[Page 43]]



Sec. 28.463  Leaf Grade 3.

    Leaf Grade 3 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Middling, effective July 1, 1987.''



Sec. 28.464  Leaf Grade 4.

    Leaf Grade 4 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Strict Low Middling, effective July 1, 1987.''



Sec. 28.465  Leaf Grade 5.

    Leaf Grade 5 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Low Middling, effective July 1, 1987.''



Sec. 28.466  Leaf Grade 6.

    Leaf Grade 6 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Strict Good Ordinary, effective July 1, 1987.''



Sec. 28.467  Leaf Grade 7.

    Leaf Grade 7 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Good Ordinary, effective July 1, 1987.''

                         below leaf grade cotton



Sec. 28.471  Below Leaf Grade Cotton.

    Below leaf grade cotton is American Upland cotton which is lower in 
leaf grade than Leaf Grade 7. In cotton classification, the official 
designation for such cotton is Below Leaf Grade. Other additional 
explanatory terms considered necessary to describe adequately the 
condition of the cotton may be entered on classification memorandums or 
certificates.

[57 FR 34499, Aug. 5, 1992]

                                 general



Sec. 28.480  General.

    (a) American Upland cotton which in color is within the range of the 
color standards established in this part shall be designated according 
to the color standard irrespective of the leaf content. American Upland 
cotton which in leaf is within the leaf standards established in this 
part shall be designated according to the leaf standard irrespective of 
the color.
    (b) The term preparation is used to describe the degree of 
smoothness or roughness with which cotton is ginned and the relative 
neppiness or nappiness of the ginned lint. Normal preparation for any 
color grade of American Upland cotton for which there is a physical 
color standard shall be that found in the physical color standard. 
Normal preparation for any color grade of American Upland cotton for 
which there is a descriptive color standard shall be that found in the 
physical standards for color used to define the descriptive color grade. 
Explanatory terms considered necessary to adequately describe the 
preparation of cotton may be entered on classification memorandums or 
certificates.

[57 FR 34499, Aug. 5, 1992]



Sec. 28.481  Alternate title for standards.

    Since these standards have been agreed upon and accepted by the 
leading European cotton associations and exchanges, they may also be 
termed and referred to as the ``Universal Standards for American 
Cotton.''

[24 FR 5171, June 25, 1959]



Sec. 28.482  United States Cotton Futures Act.

    The cotton standards contained in Sec. 28.301 through Sec. 28.603 
of this part shall be effective for purposes of the United States Cotton 
Futures Act (7 U.S.C.

[[Page 44]]

15b) and the regulations thereunder (7 CFR part 27).

[45 FR 46783, July 11, 1980]

  Official Cotton Standards of the United States for the ColorGrade of 
                          American Pima Cotton

    Authority: Secs. 28.501 to 28.510 issued under Sec. 10, 42 Stat. 
1519 (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended 
(7 U.S.C. 56.)



Sec. 28.501  Color Grade No. 1.

    Color grade No. 1 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 1, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.502  Color Grade No. 2.

    Color grade No. 2 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 2, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.503  Color Grade No. 3.

    Color grade No. 3 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 3, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.504  Color Grade No. 4.

    Color grade No. 4 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 4, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.505  Color Grade No. 5.

    Color grade No. 5 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 5, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.506  Color Grade No. 6.

    Color grade No. 6 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 6, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec. 28.507  Color Grade No. 7.

    American Pima cotton which in color is inferior to Color Grade No. 6 
shall be designated as ``Color Grade No. 7.''

[65 FR 36600, June 9, 2000]



Sec. Sec. 28.508-28.510  [Reserved]

  Official Cotton Standards of the United States for the Leaf Grade of 
                          American Pima Cotton



Sec. 28.511  Leaf Grade No. 1.

    Leaf grade No. 1 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 1, 
effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec. 28.512  Leaf Grade No. 2.

    Leaf grade No. 2 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked

[[Page 45]]

``Original Official Cotton Standards of the United States, American 
Pima, Leaf Grade No. 2, effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec. 28.513  Leaf Grade No. 3.

    Leaf grade No. 3 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 3, 
effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec. 28.514  Leaf Grade No. 4.

    Leaf grade No. 4 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 4, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec. 28.515  Leaf Grade No. 5.

    Leaf grade No. 5 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 5, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec. 28.516  Leaf Grade No. 6.

    Leaf grade No. 6 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 6, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec. 28.517  Leaf Grade No. 7.

    American Pima cotton which in leaf is inferior to Leaf Grade No. 6 
shall be designated as ``Leaf Grade No. 7.''

[65 FR 36601, June 9, 2000]

             Application of Standards and Explanatory Terms



Sec. 28.521  Application of color and leaf grade standards.

    American Pima cotton which in color is within the range of the color 
standards established in this part shall be designated according to the 
color standard irrespective of the leaf content. American Pima cotton 
which in leaf is within the range of the leaf standards established in 
this part shall be designated according to the leaf standard 
irrespective of the color content.

[65 FR 36601, June 9, 2000]



Sec. 28.522  Explanatory terms.

    (a) The term preparation is used to describe the degree of 
smoothness or roughness of the ginned lint. Normal preparation for any 
color grade of American Pima cotton for which there is a physical color 
standard shall be that found in the physical color standard. If the 
preparation is other than normal, it shall be entered on the 
classification record.
    (b) Explanatory terms considered necessary to adequately describe 
the presence of preparation, spindle twist, and extraneous matter such 
as bark, grass, seed coat fragments, oil, etc. in the sample, shall be 
part of the classification record.

[65 FR 36601, June 9, 2000]

    Symbols and Code Numbers Used in Recording Cotton Classification

    Authority: Sec. 28.525 issued under Sec. 10, 42 Stat. 1519 (7 U.S.C. 
61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended (7 U.S.C. 56).



Sec. 28.525  Symbols and code numbers.

    For administrative convenience, the symbols and code numbers 
prescribed in this section may be used in lieu of cotton grade names and 
staple length designations in inches.
    (a) Symbols and Code numbers used for Color Grades of American 
Upland Cotton.

------------------------------------------------------------------------
                                                                   Code
             Color grade                        Symbol              No.
------------------------------------------------------------------------
Good Middling.......................  GM                              11
Strict Middling.....................  SM                              21
Middling............................  Mid                             31
Strict Low Middling.................  SLM                             41

[[Page 46]]

 
Low Middling........................  LM                              51
Strict Good Ordinary................  SGO                             61
Good Ordinary.......................  GO                              71
Good Middling Light Spotted.........  GM Lt SP                        12
Strict Middling Light Spotted.......  SM Lt Sp                        22
Middling Light Spotted..............  Mid Lt Sp                       32
Strict Low Middling Light Spotted...  SLM Lt Sp                       42
Low Middling Light Spotted..........  LM Lt Sp                        52
Stict Good Ordinary Light Spotted...  SGO Lt Sp                       62
Good Middling Spotted...............  GM Sp                           13
Strict Middling Spotted.............  SM Sp                           23
Middling Spotted....................  Mid Sp                          33
Strict Low Middling Spotted.........  SLM Sp                          43
Low Middling Spotted................  LM Sp                           53
Strict Good Ordinary Spotted........  SGO Sp                          63
Strict Middling Tinged..............  SM Tg                           24
Middling Tinged.....................  Mid Tg                          34
Strict Low Middling Tinged..........  SLM Tg                          44
Low Middling Tinged.................  LM Tg                           54
Strict Middling Yellow Stained......  SM YS                           25
Middling Yellow Stained.............  Mid YS                          35
Below Grade--(Below Good Ordinary)..  BG                              81
Below Grade--(Below Strict Good       BG                              82
 Ordinary Light Spotted).
Below Grade--(Below Strict Good       BG                              83
 Ordinary Spotted).
Below Grade--(Below Low Middling      BG                              84
 Tinged).
Below Grade--(Below Middling Yellow   BG                              85
 Stained).
------------------------------------------------------------------------

    (b) Symbols and Code Numbers used for Leaf Grades of American Upland 
Cotton.

------------------------------------------------------------------------
                                                                   Code
                       Leaf grade                         Symbol    No.
------------------------------------------------------------------------
Leaf Grade 1............................................     LG1       1
Leaf Grade 2............................................     LG2       2
Leaf Grade 3............................................     LG3       3
Leaf Grade 4............................................     LG4       4
Leaf Grade 5............................................     LG5       5
Leaf Grade 6............................................     LG6       6
Leaf Grade 7............................................     LG7       7
Below Leaf Grade........................................     BLG       8
------------------------------------------------------------------------

    (c) Symbols and Code Numbers for Color Grades of American Pima 
Cotton.

------------------------------------------------------------------------
             Full grade name                   Symbol Code         No.
------------------------------------------------------------------------
Color Grade No. 1.......................  AP C1                       01
Color Grade No. 2.......................  AP C2                       02
Color Grade No. 3.......................  AP C3                       03
Color Grade No. 4.......................  AP C4                       04
Color Grade No. 5.......................  AP C5                       05
Color Grade No. 6.......................  AP C6                       06
Color Grade No. 7.......................  AP C7                       07
------------------------------------------------------------------------

    (d) Symbols and Code Numbers for Leaf Grades of American Pima 
Cotton.

------------------------------------------------------------------------
             Full grade name                   Symbol Code         No.
------------------------------------------------------------------------
Leaf Grade No. 1........................  AP L1                        1
Leaf Grade No. 2........................  AP L2                        2
Leaf Grade No. 3........................  AP L3                        3
Leaf Grade No. 4........................  AP L4                        4
Leaf Grade No. 5........................  AP L5                        5
Leaf Grade No. 6........................  AP L6                        6
Leaf Grade No. 7........................  AP L7                        7
------------------------------------------------------------------------

    (e) Code numbers for Length of Staple Designations.

------------------------------------------------------------------------
                                                                   Code
                    Length of staple--inches                       No.
------------------------------------------------------------------------
Below \13/16\..................................................       24
\13/16\........................................................       26
\7/8\..........................................................       28
\29/32\........................................................       29
\15/16\........................................................       30
\31/32\........................................................       31
1..............................................................       32
1\1/32\........................................................       33
1\1/16\........................................................       34
1\3/32\........................................................       35
1\1/8\.........................................................       36
1\5/32\........................................................       37
1\3/16\........................................................       38
1\7/32\........................................................       39
1\1/4\.........................................................       40
1\9/32\........................................................       41
1\5/16\........................................................       42
1\11/32\.......................................................       43
1\3/8\.........................................................       44
1\13/32\.......................................................       45
1\7/16\........................................................       46
1\15/32\.......................................................       47
1\1/2\.........................................................       48
1\17/32\.......................................................       49
1\9/16\........................................................       50
1\19/32\.......................................................       51
1\5/8\.........................................................       52
1\21/32\.......................................................       53
1\11/16\.......................................................       54
1\23/32\.......................................................       55
1\3/4\.........................................................       56
------------------------------------------------------------------------


[32 FR 8760, June 20, 1967, as amended at 50 FR 25198, June 18, 1985; 51 
FR 23039, June 25, 1986; 57 FR 34499, Aug. 5, 1992; 65 FR 36601, June 9, 
2000]

 Official Cotton Standards of the United States for Fiber Fineness and 
                                Maturity

    Authority: Sections 28.601 to 28.603 issued under secs. 6, 10, 42 
Stat. 1518, 1519, sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 61, 26 U.S.C. 
4854.

    Source: Sections 28.601 to 28.603 appear at 30 FR 7239, May 29, 
1965, unless otherwise noted.



Sec. 28.601  Official cotton standards for fiber fineness and maturity.

    The official cotton standards of the United States for fiber 
fineness and maturity shall be the measure of such qualities, in 
combination, provided by

[[Page 47]]

air flow instrument tests in terms of micronaire readings in accordance 
with the procedure specified in Sec. 28.603.



Sec. 28.602  Terms of designations.

    The fiber fineness and maturity of any cotton shall be designated by 
the micronaire reading obtained from an air flow instrument test for a 
specimen of the cotton as determined under Sec. 28.603, e.g., 4.1, 4.2, 
4.3, etc. To simplify recording, the decimal point may be omitted, and 
the micronaire reading recorded as 41, 42, 43, etc.



Sec. 28.603  Procedures for air flow tests of micronaire reading.

    In determining in terms of micronaire readings, the fiber fineness 
and maturity, in combination, of cotton, the following procedures shall 
apply:
    (a) Facilities and equipment shall include:
    (1) Air flow instrument complete with accessories to measure the 
fineness and maturity, in combination, of cotton in terms of micronaire 
reading on the curvilinear scale adopted in September 1950 by the 
Department of Agriculture, or its equivalent.
    (2) A suitable supply of compressed air filtered to remove moisture 
and other impurities.
    (3) Balance or scales suitable for accurately weighing the specimens 
required for the particular instrument.
    (4) International Calibration Cotton Standards with established 
micronaire reading values for calibration of the air flow instrument.
    (b) The instrument shall be calibrated each day before routine 
testing begins, as follows:
    (1) The air shall be allowed to flow through the instrument until 
the indicator stabilizes.
    (2) Specimens from at least two of the calibration cottons shall be 
tested to insure proper calibration of the instrument. The instrument 
shall be considered in calibration if the values obtained on the test 
specimens agree with the established values of the calibration cottons 
within 0.1 micronaire reading.
    (c) Testing of the cotton specimen shall be performed as follows:
    (1) Approximately the same amount of cotton shall be taken from each 
side of the sample for a test specimen. The weight of the test specimen 
shall be that weight prescribed for the air flow instrument being used.
    (2) The weighed specimen shall be tested in a properly calibrated 
instrument.
    (3) The specimen shall be inserted into the specimen holder of the 
instrument so that the mass of fibers is well distributed within the 
specimen holder.
    (4) The air shall then be allowed to flow through the specimen in 
accordance with the method of operation of the instrument.
    (5) The position of the instrument indicator shall be determined to 
the nearest 0.1 micronaire reading when it becomes stable.
    (d) The accuracy of the instrument shall be checked at least every 2 
hours during operation by testing appropriate calibration cottons. If 
the value obtained on a specimen from the calibration cotton is outside 
the established limits of 0.1 micronaire reading, or when successive 
readings show the results to be within the established limits, but 
consistently high or low, the instrument and technique shall be 
thoroughly checked to remedy the discrepancies. Additional tests using 
calibration cottons shall be made until acceptable results are obtained 
before routine testing is resumed.



  Subpart D_Cotton Classification and Market News Service for Producers

    Authority: 7 U.S.C. 471-476.

                               Definitions



Sec. 28.901  Definitions.

    When used in the regulations in this subpart:
    (a) Act means the applicable provisions of the Act of Congress of 
March 3, 1927 (44 Stat. 1372), as amended by the Act of Congress of 
April 13, 1937 (50 Stat. 62) (7 U.S.C. 471-476), the United States 
Cotton Standards Act, as amended (42 Stat. 1517; 7 U.S.C. 51 et seq.) 
and the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35), 
unless otherwise noted.

[[Page 48]]

    (b) Service means the Agricultural Marketing Service of the United 
States Department of Agriculture.
    (c) Administrator means the Administrator of the Agricultural 
Marketing Service, or any officer or employee of the Service to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated to act for the Administrator.
    (d) Division means the Cotton Division of the Agricultural Marketing 
Service.
    (e) Director means the Director of the Cotton Division, or any 
officer or employee of the Division to whom authority has heretofore 
been delegated, or to whom authority may hereafter be delegated, to act 
for the Director.
    (f) Producer means any individual, partnership, corporation, 
association, trust, estate, or other legal entity, a state or political 
subdivision thereof, or any agency of such state or political 
subdivision producing American Upland or American Pima cotton in the 
capacity of landowner, landlord, tenant, or sharecropper.

[22 FR 10930, Dec. 28, 1957, as amended at 46 FR 48114, Oct. 1, 1981]

                             Administration



Sec. 28.902  Director.

    The Director shall perform for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the regulations in this subpart.

                 Classification and Market News Services



Sec. 28.903  Classification of samples.

    The Director, or an authorized representative, upon the receipt of a 
producer's cotton sample which complies with the regulations in this 
subpart shall, as hereinafter provided, furnish to such producer or to 
an agent designated by the producer the classification in accordance 
with the official cotton standards of the United States.

[46 FR 48114, Oct. 1, 1981]



Sec. 28.904  Market news.

    The Director shall cause to be distributed to producers of cotton 
and to others on request, timely information on prices for various 
qualities of cotton.

[46 FR 48114, Oct. 1, 1981]

                                Sampling



Sec. 28.906  Sampling arrangements.

    (a) Cotton must be sampled by a gin or warehouse that holds a valid 
license to sample cotton issued pursuant to Sec. Sec. 28.20 through 
28.22.
    (b) The Director, or an authorized representative may direct that 
sampling be performed by employees of the Department of Agriculture for 
the purpose of appraising the sampling procedures at cotton gins or 
warehouses, or for the purpose of providing service to producers in 
special cases where a licensed gin or warehouse is not available.

[46 FR 48114, Oct. 1, 1981]



Sec. 28.907  Responsibilities of licensed gins or warehouses.

    Each licensee shall be primarily responsible for drawing, 
identifying, handling, and shipping samples of cotton in accordance with 
this subpart and with instructions furnished by the Director or an 
authorized representative from time to time.

[46 FR 48114, Oct. 1, 1981]



Sec. 28.908  Samples.

    (a) Only one sample to be submitted. Only one sample from each bale 
of eligible cotton shall be submitted for classification under this 
subpart. This does not prohibit the submission of an additional sample 
from a bale for review classification if the producer so desires.
    (b) Drawing of samples manually. (1) Each cut sample shall be drawn 
from the bale after it is tied out following the ginning process, and 
shall be approximately 6 ounces in weight, not less than 3 ounces of 
which are to be drawn from each side of the bale: Provided, That each 
sample from a bale of American Pima cotton shall be approximately 10 
ounces in weight, not less than 5 ounces of which are to be drawn from 
each side of the bale.
    (2) Where it is necessary to draw two sets of samples, a single cut 
should be made in each side of the bale, and the

[[Page 49]]

portion of cotton removed from each cut should be broken in half across 
the layers to provide two complete samples. In those cases where this 
method would result in samples of insufficient length, it will be 
acceptable to split the sample lengthwise along the layers, provided the 
outside portion from each side is submitted for the official 
classification.
    (c) Mechanical sampling. Samples may be drawn in gins equipped with 
mechanical samplers approved by the Division and operated according to 
sampling instructions furnished by the Director or an authorized 
representative. Such samples shall not be less than 6 ounces in weight.
    (d) Samples must be representative. Each sample must be 
representative of the bale from which drawn.
    (e) Handling samples. Samples shall not be dressed or trimmed and 
shall be carefully handled in such manner as not to cause loss of leaf, 
sand, or other material, or otherwise change their representative 
character. Samples shall be handled only by employees of the licensee 
prior to shipment or delivery to the cotton classing office of the 
Division.
    (f) Identifying and shipping samples. Each sample shall be 
identified with a tag, supplied or approved by the Division, bearing the 
gin or warehouse number of the bale from which the sample was drawn and 
the name and address of the producer of the bale. The tag shall be 
placed between the two halves of the sample, the sample tightly rolled 
and enclosed in a package or bag for shipment. Each package or bag shall 
be labeled or marked with the name and address of the licensed gin or 
warehouse. The packages shall be shipped or delivered direct to the 
cotton classing office serving the territory in which the cotton is 
ginned. Samples that were drawn by a mechanical sampler at the gin may 
be transported with the bales to the warehouse and then shipped or 
delivered direct to the classing office by the warehouse.
    (g) Request for classification. Samples received from a licensed gin 
or warehouse with the identification tag required in Sec. 28.908(f) 
shall constitute a request for classification service by the producer.

[22 FR 10945, Dec. 28, 1957, as amended at 25 FR 3548, Apr. 23, 1960; 42 
FR 24712, May 16, 1977; 45 FR 46783, July 11, 1980; 46 FR 48114, Oct. 1, 
1981]



Sec. 28.909  Costs.

    (a) Costs incident to sampling, tagging, and identification of 
samples and transporting samples to points of shipment shall be assumed 
by the producer, but tags and containers for the shipment of samples and 
shipping charges via U.S. Postal Service or duly authorized common 
carrier will be furnished by the Service. After classification the 
samples shall become the property of the Government. The proceeds of the 
sale of cotton samples shall be used to defray the costs of providing 
the services under this subpart.
    (b) The cost of High Volume Instrument (HVI) cotton classification 
service to producers is $1.45 per bale.
    (c) The Division will periodically bill producers or the voluntary 
agents designated by producers for the cost of classification. A 
discount of 5 cents per sample will be granted for services provided 
under this section when billing is made to voluntary agents.

[46 FR 48115, Oct. 1, 1981, as amended at 48 FR 30938, July 6, 1983; 48 
FR 44452, Sept. 29, 1983; 51 FR 22063, June 23, 1992; 58 FR 41993, Aug. 
6, 1993; 60 FR 21034, May 1, 1995; 61 FR 19512, May 2, 1996; 62 FR 
25800, May 12, 1997; 63 FR 33237, June 18, 1998; 64 FR 28884, May 28, 
1999; 65 FR 35808, June 6, 2000; 66 FR 29216, May 30, 2001; 67 FR 36502, 
May 24, 2002; 68 FR 27898, May 22, 2003]

                             Classification



Sec. 28.910  Classification of samples and issuance of classification data.

    (a) (1) The samples submitted as provided in the subpart shall be 
classified by employees of the Division and classification memoranda 
showing the official quality determination of each sample according to 
the official cotton standards of the United States shall be issued by 
any one of the following methods at no additional charge:
    (i) Computer diskettes,
    (ii) Computer tapes, or
    (iii) Telecommunications, with all long distance telephone line 
charges paid by the receiver of data.

[[Page 50]]

    (2) When an additional copy of the classification memorandum is 
issued by any method listed in paragraph (a)(1), there will be a charge 
of five cents per bale. If provided as an additional method of data 
transfer, the minimum fee for each tape or diskette issued shall be 
$10.00.
    (b) Owners of cotton, other than producers, may receive 
classification data showing the official quality determination of each 
sample by means of telecommunications from a central data base to be 
maintained by the Division. The fee for this service shall be five cents 
per bale, with all long distance telephone line charges paid by the 
receiver of data. The minimum charge assessed for services obtained from 
the central database shall be $5.00 per monthly billing period.
    (c) Upon request of an owner of cotton for which classification 
memoranda have been issued under the subpart, a new memorandum shall be 
issued for the business convenience of such owner without the 
reclassification of the cotton. Such rewritten memorandum shall bear the 
date of its issuance and the date or inclusive dates of the original 
classification. The fee for a new memorandum shall be 15 cents per bale 
or a minimum of $5.00 per sheet.

[56 FR 24674, May 31, 1991, as amended at 57 FR 27892, June 23, 1992; 58 
FR 41993, Aug. 6, 1993; 61 FR 19512, May 2, 1996; 63 FR 33237, June 18, 
1998; 67 FR 36502, May 24, 2002]



Sec. 28.911  Review classification.

    (a) A producer may request one review classification for each bale 
of eligible cotton. The fee for review classification is $1.45 per bale.
    (b) Samples for review classification must be drawn by gins or 
warehouses licensed pursuant to Sec. Sec. 28.20 through 28.22, or by 
employees of the United States Department of Agriculture. Each sample 
for review classification shall be taken, handled, and submitted 
according to Sec. 28.908 and to supplemental instructions issued by the 
Director or an authorized representative of the Director. Costs incident 
to sampling, tagging, identification, containers, and shipment for 
samples for review classification shall be assumed by the producer. 
After classification, the samples shall become the property of the 
Government unless the producer requests the return of the samples. The 
proceeds from the sale of samples that become Government property shall 
be used to defray the costs of providing the services under this 
subpart. Producers who request return of their samples after classing 
will pay a fee of 40 cents per sample in addition to the fee established 
above in this section.

[57 FR 27893, June 23, 1992, as amended at 59 FR 26410, May 20, 1994; 60 
FR 21034, May 1, 1995; 61 FR 19512, May 2, 1996; 62 FR 25800, May 12, 
1997; 63 FR 33237, June 18, 1998; 64 FR 28884, May 28, 1999; 65 FR 
35808, June 6, 2000; 66 FR 29216, May 30, 2001; 67 FR 36502, May 24, 
2002; 68 FR 27898, May 22, 2003]

                         Limitation of Services



Sec. 28.917  Limitation of services.

    The Director, or an authorized representative, may suspend, 
terminate, or withhold cotton classing and market news services to any 
producer upon any failure of the producer to comply with the act or 
these regulations. Failure to remit fees for classification services 
shall result in loss of service.

[46 FR 48115, Oct. 1, 1981]



               Subpart E_Cotton Fiber and Processing Tests

    Authority: Sec. 3c, 50 Stat. 62; 7 U.S.C. 473c; sec. 3d, 55 Stat. 
131 (7 U.S.C. 473d).

    Source: 35 FR 8532, June 3, 1970, unless otherwise noted.

                               Definitions



Sec. 28.950  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) Regulations. Regulations mean the provisions in this subpart.
    (b) Service. The Agricultural Marketing Service of the U.S. 
Department of Agriculture.
    (c) Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, to whom authority 
has been delegated to act for the Administrator.
    (d) Division. The Cotton Division of the Agricultural Marketing 
Service.

[[Page 51]]

    (e) Director. The Director of the Cotton Division, or any officer or 
employee of the Division to whom authority has been delegated to act for 
the Director.
    (f) Laboratories. Laboratories of the Cotton Division that perform 
the fiber and processing tests described in this subpart.

[35 FR 8532, June 3, 1970, as amended at 46 FR 30073, June 5, 1981; 46 
FR 51593, Oct. 21, 1981]

                             Administration



Sec. 28.951  Director.

    The Director shall perform, for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the regulations in this subpart.

                       Fiber and Processing Tests



Sec. 28.952  Testing of samples.

    The Director or an authorized representative, upon written requests, 
shall make fiber and processing tests of the properties of cotton 
samples and report the results thereof to the persons from whom such 
requests are received, subject to compliance by such persons with the 
regulations in this subpart and to the payment by them of fees as 
prescribed herein.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]



Sec. 28.953  Requirements as to samples.

    Each sample of ginned cotton lint submitted for fiber and processing 
tests shall weigh approximately as shown below unless otherwise 
specified in the particular test item as prescribed herein:
1 ounce or more for fiber tests.
6 pounds or more for carded yarn spinning tests.
8 pounds or more for combed yarn spinning tests.
10 pounds or more for carded and combed yarn spinning tests.

Each individual sample submitted for testing shall contain a tag or 
coupon bearing a number or other identification symbol. Individually 
labeled samples may be sent in one or more parcels, each of which shall 
bear on the outside thereof the name and address of the person 
submitting it. Persons who submit samples to laboratories for testing 
shall comply with any Federal or State quarantine requirements 
applicable to counties from which such samples are shipped.



Sec. 28.954  Costs of submitting samples.

    The transportation of samples to a laboratory for testing shall be 
without expense to the Government.



Sec. 28.955  Disposition of samples.

    The remnants of samples accumulated in the making of tests under the 
regulations in this subpart shall become the property of the Government 
unless the applicant requests that such remnants be returned. Returns 
will be at the applicant's expense.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]



Sec. 28.956  Prescribed fees.

    Fees for fiber and processing tests shall be assessed as listed 
below:

------------------------------------------------------------------------
                                                               Fee per
                Item number and kind of test                     test
------------------------------------------------------------------------
1.0 Calibration cotton for use with High Volume
 Instruments, per 5 pound package:
  a. f.o.b. Memphis, Tennessee.............................       $95.00
  b. By surface delivery within continental United States..       100.00
  c. By air freight collect outside continental United             95.00
   States..................................................
  d. By air parcel post delivery outside continental United       135.00
   States..................................................
1.1 High Volume Instrument (HVI) System Check Level.
 Furnishing two samples per month for HVI determinations,
 summarizing returned data, and reporting deviations for
 average of all laboratories for measurements taken, per 12
 months:
  a. By surface delivery within continental United States..       168.00
  b. By air parcel post delivery outside continental United       324.00
   States..................................................
2.0 Furnishing international calibration cotton standards
 with standard values for micronaire reading and fiber
 strength at zero and \1/8\-inch gage and Fibrograph
 length:
  a. f.o.b. Memphis, Tennessee \1/2\-lb. sample............        20.00
  b. By surface delivery within continental United States,         22.00
   \1/2\-lb. sample........................................
  c. By air freight collect outside continental United             20.00
   States, \1/2\-lb. sample................................

[[Page 52]]

 
  d. By air parcel post delivery, outside continental              30.00
   United States, \1/2\-lb. sample.........................
2.1 Furnishing international calibration cotton standards
 with standard values for micronaire reading only:
  a. f.o.b. Memphis Tennessee, 1-lb. sample................        28.00
  b. Surface delivery within continental United States, 1-         31.00
   lb. sample..............................................
  c. By air freight collect outside continental United             28.00
   States, 1-lb. sample....................................
  d. By air parcel post delivery outside continental United        42.00
   States, 1-lb. sample....................................
3.0 Furnishing standard color tiles for calibrating cotton
 colormeters, per set of five tiles including box:
  a. f.o.b. Memphis, Tennessee.............................       125.00
  b. Surface delivery within continental United States.....       130.00
  c. By air freight collect outside continental United            125.00
   States..................................................
  d. By air parcel post delivery outside continental United       165.00
   States..................................................
3.1 Furnishing single color calibration tiles for use with
 specific instruments or as replacements in above sets,
 each tile:
  a. f.o.b. Memphis, Tennessee.............................        22.00
  b. Surface delivery within continental United States.....        25.00
  c. By air freight collect outside continental United             22.00
   States..................................................
  d. By air parcel post delivery outside continental United        35.00
   States..................................................
3.2 Furnishing single trashmeter calibration standard,
 each:
  a. f.o.b. Memphis, Tennessee.............................        30.00
  b. Surface delivery within continental United States.....        33.00
  c. By air freight collect outside continental United             30.00
   States..................................................
  d. By air parcel post delivery outside continental United        44.00
   States..................................................
3.3 Furnishing one set of standard color tiles for
 calibrating cotton colormeters and one trashmeter
 calibration standard, per set of five tiles and the
 standard including box:
  a. f.o.b. Memphis, Tennessee.............................       150.00
  b. Surface delivery within continental United States.....       155.00
  c. By air freight collect outside continental United            150.00
   States..................................................
  d. By air parcel post delivery outside continental United       190.00
   States..................................................
3.4 Furnishing a single cotton sample of a designated leaf
 level mounted under glass, each:
  a. f.o.b. Memphis, Tennessee.............................        40.00
  b. Surface delivery within continental United States.....        44.00
  c. By air freight collect outside continental United             40.00
   States..................................................
  d. By air parcel post delivery outside continental United        54.00
   States..................................................
3.5 Furnishing six cotton samples of six designated leaf
 levels each mounted under glass, per set of six samples:
  a. f.o.b. Memphis, Tennessee.............................       240.00
  b. Surface delivery within continental United States.....       264.00
  c. By air freight collect outside continental United            240.00
   States..................................................
  d. By air parcel post delivery outside continental United       300.00
   States..................................................
4.0 Furnishing a colormeter calibration sample box
 containing six cotton samples with color values Rd and +b
 for each sample, per box:
  a. f.o.b. Memphis, Tennessee.............................        42.00
  b. Surface delivery within continental United States.....        47.00
  c. By air freight collect outside continental United             42.00
   States..................................................
  d. By air parcel post delivery outside continental United        82.00
   States..................................................
4.1 Furnishing a trashmeter calibration sample box
 containing six cotton samples with trashmeter percent area
 reading for each sample, per box:
  a. f.o.b. Memphis, Tennessee.............................        42.00
  b. Surface delivery within continental United States.....        47.00
  c. By air freight collect outside continental United             42.00
   States..................................................
  d. By air parcel post delivery outside continental United        82.00
   States..................................................
5.0 High Volume Instrument (HVI) measurement. Reporting             1.75
 Micronaire, length, length uniformity, \1/8\-inch gage
 strength, color and trash content. Based on a 6 oz. (170
 g.) sample, per sample....................................
6.0 Color of ginned cotton lint. Reporting data on the              1.25
 reflectance and yellowness in terms of Rd and +b values as
 based on the Nickerson-Hunter Cotton Colorimeter on
 samples which measure 5 x 6\1/2\ inches and weigh
 approximately 50 grams, per sample........................
7.0 Fiber length of ginned cotton lint by Fibrograph                9.50
 method. Reporting the average length and average length
 uniformity as based on 4 specimens from a blended sample,
 per sample................................................
7.1 Fiber length of ginned cotton lint by Fibrograph                6.00
 method. Reporting the average length and average length
 uniformity as based on 2 specimens from each unblended
 sample....................................................
8.0 Pressley strength of ginned cotton lint by flat bundle          9.75
 method for either zero or \1/8\-inch gage as specified by
 applicant. Reporting the average strength as based on 6
 specimens from a blended sample, per sample...............
8.1 Pressley strength of ginned cotton lint by flat bundle          6.00
 method for either zero or \1/8\-inch gage as specified by
 applicant. Reporting the strength as based on 2 specimens
 for each unblended sample, per sample.....................
9.0 Stelometer strength and elongation of ginned cotton
 lint by the flat bundle method for \1/8\-inch gage.
 Reporting the average strength and elongation:
  a. Based on 6 specimens from each blended sample, per             9.75
   sample..................................................
  b. Based on 4 specimens from each blended sample, per             7.50
   sample..................................................
  c. Based on 2 specimens from each blended sample, per             6.00
   sample..................................................
10.0 Micronaire readings on ginned lint. Reporting the              0.70
 micronaire based on 2 specimens per sample................
10.1 Micronaire reading based on 1 specimen per sample.....         0.40
11.0 Fiber maturity and fineness of ginned cotton lint by          16.00
 the Causticaire method. Reporting the average maturity,
 fineness, and micronaire reading as based on 2 specimens
 from a blended sample, per sample.........................
  Minimum fee..............................................        80.00

[[Page 53]]

 
12.0 Fiber fineness and maturity of ginned cotton lint by           7.50
 the IIC-Shirley Fineness/Maturity Tester method, reporting
 the average micronaire, maturity ratio, percent mature
 fibers and fineness (linear density) based on 2 specimens
 from a blended sample, per sample.........................
13.0 Fiber length array of cotton samples. Reporting the
 average percentage of fibers by weight in each \1/8\-inch
 group, average length and average length variability as
 based on 3 specimens from a blended sample:
  a. Ginned cotton lint, per sample........................        78.00
  b. Cotton comber noils, per sample.......................       119.00
  c. Other cotton wastes, per sample.......................       143.00
13.1 Fiber length array of cotton samples. Reporting the
 average percentage of fibers by weight in each \1/8\-inch
 group, average length, and average length variability as
 based on 2 specimens from a blended sample:
  a. Ginned cotton lint, per sample........................        57.00
  b. Cotton comber noils, per sample.......................        82.00
  c. Other cotton wastes, per sample.......................       112.00
13.2 Fiber length array of cotton samples, including             137.000
 purified or absorbent cotton. Reporting the average
 percentage of fibers by weight in each \1/8\-inch group,
 average length and average length variability as based on
 3 specimens from a blended sample, per sample.............
14.0 Fiber length and length distribution of cotton samples
 by the Almeter method. Reporting the upper 25 percent
 length, mean length, coefficient of variation, and short
 fiber percentages by weight, number or tuft in each 1/8-
 inch group, as based on 2 specimens from a blended sample:
  a. Report percentages of fiber by weight only............        28.00
  b. Report percentages of fiber by weight and number or           33.00
   tuft....................................................
  c. Report percentages of fiber by weight, number and tuft        38.00
15.0 Foreign matter content of cotton samples. Reporting
 data on the non-lint content as based on the Shirley
 Analyzer separation of lint and foreign matter:
  a. For samples of ginned lint or comber noils, per 100-           8.50
   gram specimen...........................................
  b. For samples of ginning and processing wastes other            15.00
   than comber noils, per 100-gram specimen................
16.0 Neps content of ginned cotton lint. Reporting the neps        17.00
 per 100 square inches as based on the web prepared from a
 3-gram specimen by using accessory equipment with the
 mechanical fiber blender, per sample......................
17.0 Sugar content of cotton. Reporting the percent sugar           5.50
 content as based on a quantitative analysis of reducing
 substances (sugars) on cotton fibers, per sample..........
  Minimum fee..............................................        27.50
18.0 Miniature carded cotton spinning test. Reporting data         27.00
 on tenacity (centinewtons per tex) of 22's yarn and HVI
 data (see item 5.0). Based on the processing of 50 grams
 of cotton in accordance with special procedures, per
 sample....................................................
19.0 Two-pound cotton carded yarn spinning test available          88.00
 to cotton breeders only. Reporting data on yarn skein
 strength, yarn appearance, yarn neps, and the
 classification and the fiber length of the cotton as well
 as comments on any unusual processing performance as based
 on the processing of 2 pounds of cotton in accordance with
 standard procedures into two standard carded yarn numbers
 employing a standard twist multiplier, per sample.........
20.0 Cotton carded yarn spinning test. Reporting data on          120.00
 waste extracted, yarn skein strength, yarn appearance,
 yarn neps and classification, and fiber length as well as
 comments summarizing any unusual observations as based on
 the processing of 6 pounds of cotton in accordance with
 standard laboratory procedures at one of the standard
 rates of carding of 6\1/2\, 9\1/2\, or 12\1/2\ pounds-per-
 hour into two of the standard carded yarn numbers of 8s,
 14s, 36s, or 50s, employing a standard twist multiplier
 unless otherwise specified, per sample....................
21.0 Spinning potentials test. Determining the finest yarn        110.00
 which can be spun with no ends down and reporting spinning
 potential yarn number. This test requires an additional 4
 pounds of cotton, per sample..............................
22.0 Cotton combed yarn spinning test. Reporting data on          160.00
 waste extracted, yarn skein strength, yarn appearance,
 yarn neps, and classification and fiber length as well as
 comments summarizing any unusual observations as based on
 the processing of 8 pounds of cotton in accordance with
 standard procedures at one of the standard rates of
 carding of 4\1/2\, 6\1/2\, or 9\1/2\ pounds per hour into
 two of the standard combed yarn numbers of 22s, 36s, 44s,
 50s, 60s, 80s, or 100s employing a standard twist
 multiplier unless otherwise specified, per sample.........
23.0 Cotton carded and combed yarn spinning test. Reporting       232.00
 the results as based on the processing of 10 pounds of
 cotton into two of the standard carded and two of the
 standard combed yarn numbers employing the same carding
 rate and the same yarn numbers for both the carded and the
 combed yarns, per sample..................................
24.0 Cotton carded and combed yarn spinning test. Reporting       252.00
 the results as based on the processing of 9 pounds of
 cotton into two of the standard and two of the standard
 combed yarn numbers employing different carding rates and/
 or yarn numbers for the carded and combed yarns, per
 sample....................................................
25.0 Processing and testing of additional yarn. Any carded         35.00
 or combed yarn number processed in connection with
 spinning tests including either additional yarn numbers or
 additional twist multipliers employed on the same yarn
 numbers, per additional lot of yarn.......................
25.1 Processing and finishing of additional yarn. Any yarn         48.00
 number processed in connection with spinning tests.
 Approximately 300 yards on each of 16 paper tubes for
 testing by the applicant, per additional lot of yarn......
26.0 Twist in yarns by direct-counting method. Reporting
 direction of twist and average turns per inch of yarn:....
  (a) Single yarns based on 40 specimens per lot of yarn...        88.00
  (b) Plied or cabled yarns based on 10 specimens, per lot         26.00
   of yarn.................................................
27.0 Skein strength of yarn. Reporting data on the strength        14.00
 and the yarn numbers based on 25 skeins from yarn
 furnished by the applicant, per sample....................
27.1 Single Strand Yarn Strength Test. Measuring 100                6.50
 strands on a Statimat Tester and reporting yarn strength,
 elongation and coefficient of variation, per test.........
28.0 Appearance grade of yarn furnished on bobbins by               6.00
 applicant. Reporting the appearance grade in accordance
 with ASTM standards as based on yarn wound from one
 bobbin, per bobbin........................................
28.1 Furnishing yarn wound on boards in connection with             9.50
 yarn appearance tests.....................................

[[Page 54]]

 
28.2 Yarn Imperfections Test. Measuring yarn on the Uster           6.50
 Evenness Tester and reporting the yarn imperfections,
 thick places, thin places, and neps, and the present
 coefficient of variation, per sample......................
29.0 Strength of cotton fabric. Reporting the average warp         20.00
 and filling strength by the grab method as based on 5
 breaks for both warp and filling of fabric furnished by
 the applicant, per sample.................................
29.1 Cotton fabric analysis. Reporting data on the number          35.00
 of warp and filling threads per inch and weight per yard
 of fabric based on at least three (3) 6 x 6 inch specimens
 of fabric which were processed or furnished by the
 applicant, per sample.....................................
30.0 Chemical finishing tests on finished drawing silver.          16.00
 The Ahiba Texomat Dyer is used for scouring, bleaching and
 dyeing of a 3-gram sample. Color measurements are made on
 the unfinished, bleached and dyed cotton samples, using a
 Hunterlab Colorimeter, Model 25 M-3. The color values are
 reported in terms of reflectance (Rd), yellowness (+b) and
 blueness (-b).............................................
  Minimum fee..............................................        48.00
32.0 Furnishing identified cotton samples. Includes samples         4.25
 of ginned lint stock at any stage of processing or
 testing, waste of any type, yarn or fabric selected and
 identified in connection with fiber and/or spinning tests,
 per identified sample.....................................
33.0 Furnishing additional copies of test reports.                  1.50
 Including extra copies in addition to the two copies
 routinely furnished in connection with each test item, per
 additional sheet..........................................
  Minimum fee..............................................         6.00
33.1 Furnishing a certified relisting of test results.             18.00
 Includes samples of sub-samples selected from any previous
 tests, per sheet..........................................
33.2 Sending copies of test reports for facsimile (FAX),
 per sheet:
  a. Within continental United States......................         2.00
  b. Outside continental United States.....................         5.00
34.0 Classification of ginned cotton lint is available in
 connection with other fiber tests, under the provisions of
 7 CFR part 28, Sec.  28.56, Classification includes grade
 only based on a 6 oz. (170 g.) sample.
------------------------------------------------------------------------


[57 FR 27893, June 23, 1992]



Sec. 28.957  Special tests and fees.

    Tests may be performed for cooperating agencies and organizations to 
the extent that available facilities will permit, subject to the payment 
of fees as determined by the Director. Special tests and services not 
listed in Sec. 28.956 may be performed to the extent that available 
facilities will permit, subject to the payment of fees determined by the 
Director.



Sec. 28.958  Payment of fees.

    As soon as practicable after the last day of each calendar month, 
bills shall be rendered by officers in charge of testing laboratories to 
all persons from whom payment of fees and costs under the regulations in 
this subpart shall become due, provided that when desirable any bill may 
be rendered at an earlier date. Payment shall be by check or by draft or 
post office or express money order, payable to the order of 
``Agricultural Marketing Service, USDA.''

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec. 28.959  Limitation of testing services.

    If at any time funds available for services under the regulations in 
this subpart may be insufficient to provide for the testing of all 
samples that may be submitted for the purpose, the Director may place 
reasonable limitations upon the quantities of samples to be submitted by 
individuals during any one fiscal year or any one calendar month, and 
may direct that samples received from cotton breeders shall take 
precedence over those received from other persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec. 28.960  Confidential information.

    No information concerning individual tests under the regulations in 
this subpart shall be published or communicated in such a way as to 
disclose to others the identity of the owners of cotton represented by 
samples submitted for testing, except with the written permission of 
such owners.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec. 28.961  False and misleading information.

    The publication or communication by any person of false or 
misleading information concerning the results of tests as reported by 
laboratories under the regulations in this subpart shall be

[[Page 55]]

deemed sufficient cause for denial of testing services to such persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



PART 29_TOBACCO INSPECTION--Table of Contents




 Subpart A_Policy Statement and Regulations Governing the Extension of 
  Tobacco Inspection and Price Support Services to New Markets and to 
                 Additional Sales on Designated Markets

Sec.
29.1 Definitions.
29.2 Policy statement.
29.3 Procedures for filing, hearing, and determination of applications.

                          Subpart B_Regulations

                               definitions

29.12 Terms defined.
29.13 The act.
29.14 Secretary.
29.15 Department.
29.16 Division.
29.17 Director.
29.18 Person.
29.19 Inspector.
29.20 Sampler.
29.21 Weigher.
29.22 Appeal inspector.
29.23 Tobacco.
29.24 Official standards.
29.25 Tentative standards.
29.26 Office of inspection.
29.27 Certificate.
29.28 Interested party.
29.29 Regulations.
29.30 Package.
29.31 Lot.
29.32 Identification number.
29.33 Official sample.
29.34 Sample seal.
29.35 Lot seal.
29.36 Auction market.
29.37 Designated market.
29.38 Public notice.
29.39 Permissive inspection.
29.40 Mandatory inspection.

                               definitions

29.41 The Appropriations Act.
29.42 Receiving station.

                             administration

29.51 Administration.

                          permissive inspection

29.56 Permissive inspection.
29.57 Where inspection is offered.
29.58 Who may obtain inspection.
29.59 How to make application.
29.60 Form of application.
29.61 When application deemed filed.
29.62 When application may be rejected.
29.63 When application may be withdrawn.
29.64 Authority of agent.
29.65 Accessibility of tobacco.
29.66 Certificates.
29.67 Disposition of certificates.
29.68 Advance information.
29.69 Weighing apparatus.

                          mandatory inspection

29.71 Mandatory inspection.
29.72 Where mandatory inspection is required.
29.73 Designation of markets; termination of designation.
29.74 Growers' referendum.
29.74a Producer referenda on mandatory grading.
29.75 Accessibility of tobacco.
29.75a Display of burley tobacco on auction warehouse floors in 
          designated markets.
29.75b Display of baled flue-cured tobacco on auction warehouse floors 
          in designated markets.
29.75c Display of tobacco at receiving stations.
29.76 Mandatory inspection ticket.
29.77 Warehousemen to provide tickets.
29.78 Changes or alterations.
29.79 Disposition of ticket.
29.80 Announcing grades.
29.81 Interference with inspectors.

                                 appeal

29.90 When appeal may be taken.
29.91 How to obtain an appeal.
29.92 Record of filing time.
29.93 When appeal may be refused.
29.94 When appeal may be withdrawn.
29.95 Review or second inspection not an appeal.
29.96 Order in which made.
29.97 Who shall pass upon appeals.
29.98 Appeal findings.
29.99 Superseded certificate or sample.

                   inspectors, samplers, and weighers

29.106 Who may be employed, licensed, or authorized.
29.107 Order of providing service.
29.108 Certificate issuance.
29.109 Inspection determinations.
29.110 Method of sampling.
29.111 Weight determinations.
29.112 Proper light.
29.113 Suspension and termination.

                            fees and charges

29.123 Fees and charges.
29.124 When application rejected or withdrawn.
29.125 Charge for appeals.
29.126 When appeal refused or withdrawn.

[[Page 56]]

29.127 Demonstrations and courses of instruction.
29.128 For certificates.
29.129 National Advisory Committee for Inspection Services.

                              miscellaneous

29.131 [Reserved]
29.132 Division investigations.
29.133 Identification number.
29.400 Inspection, certification, and testing of imported tobacco.
29.401 Definitions.
29.402 Advance notice.
29.403 Accessibility of tobacco.
29.404 Inspection.
29.405 Inspection by submitted samples.
29.406 Import inspection certificate.
29.407 Disposition of import inspection certificate.
29.425 Submission and disposition of pesticide residues and end user(s) 
          certification.
29.426 Collection of pesticide test samples.
29.427 Pesticide residue standards.
29.428 Identification of sample for testing.
29.429 Disposition of imported tobacco exceeding pesticide residue 
          standards.
29.430 Appeals.
29.431 Handling of imported tobacco pending test results.
29.500 Fees and charges for inspection and acceptance of imported 
          tobacco.

                           Subpart C_Standards

Official Standard Grades for Flue-Cured Tobacco (U.S. Types 11, 12, 13, 
                        14, and Foreign Type 92)

                               definitions

29.1001 Definitions.
29.1002 Body.
29.1003 Class.
29.1004 Clean.
29.1005 Color.
29.1006 Color intensity.
29.1007 Color symbols.
29.1008 Combination symbols.
29.1009 Condition.
29.1010 Crude.
29.1011 Cured.
29.1012 Damage.
29.1013 Dirty.
29.1014 Elasticity.
29.1015 Elements of quality.
29.1016 Excessively scorched.
29.1017 Finish.
29.1018 Fire-killed.
29.1019 Flue-cured.
29.1020 Foreign matter.
29.1021 Form.
29.1022 Grade.
29.1023 Grademark.
29.1924 Green (G).
29.1025 Greenish (V).
29.1026 Group.
29.1027 Injury.
29.1028 Leaf.
29.1029 Leaf scrap.
29.1030 Leaf structure.
29.1031 Lemon (L).
29.1032 Length.
29.1033 Lot.
29.1034 Maturity.
29.1035 Mixed color (KM).
29.1036 Mixed Group (M).
29.1037 Nested.
29.1038 No-G.
29.1039 No-G-F.
29.1040 No-G-Nested.
29.1041 Oil.
29.1042 Offtype.
29.1043 Orange (F).
29.1044 Orange Red (FR).
29.1045 Order (case).
29.1046 Oxidized (O).
29.1047 Package.
29.1048 Packing.
29.1049 Papery.
29.1050 Prematurity.
29.1051 Quality.
29.1052 Raw.
29.1053 Red (R).
29.1054 Semicured.
29.1055 Side.
29.1056 Slick.
29.1057 Smoked.
29.1058 Sound.
29.1059 Special factor.
29.1060 Steam-dried.
29.1061 Stem.
29.1062 Stemmed.
29.1063 Strips.
29.1064 Sweated.
29.1065 Sweating.
29.1066 Symbol (S).
29.1067 Tobacco.
29.1068 Tobacco products.
29.1069 Type.
29.1070 Type 11.
29.1071 Type 12.
29.1072 Type 13.
29.1073 Type 14.
29.1074 Type 92.
29.1075 Undried.
29.1076 Uniformity.
29.1077 Unsound (U).
29.1078 Unstemmed.
29.1079 Variegated (K).
29.1080 Variegated dark red (KD).
29.1081 Variegated red or scorched (KR).
29.1082 Waste.
29.1083 Wet (W).
29.1084 Whitish-lemon (LL).
29.1085 Width.

                           elements of quality

29.1101 Elements of quality and degrees of each element.

                                  rules

29.1106 Rules.

[[Page 57]]

29.1107 Rule 1.
29.1108 Rule 2.
29.1109 Rule 3.
29.1110 Rule 4.
29.1111 Rule 5.
29.1112 Rule 6.
29.1113 Rule 7.
29.1114 Rule 8.
29.1115 Rule 9.
29.1116 Rule 10.
29.1117 Rule 11.
29.1118 Rule 12.
29.1119 Rule 13.
29.1120 Rule 14.
29.1121 Rule 15.
29.1122 Rule 16.
29.1123 Rule 17.
29.1124 Rule 18.
29.1125 Rule 19.
29.1126 Rule 20.
29.1127 Rule 21.
29.1128 Rule 22.
29.1129 Rule 23.
29.1130 Rule 24.
29.1131 Rule 25.
29.1132 Rule 26.
29.1133 Rule 27.
29.1134 Rule 28.
29.1135 Rule 29.
29.1136 Rule 30.

                                 grades

29.1161 [Reserved]
29.1162 Leaf (B Group).
29.1163 Smoking Leaf (H Group).
29.1164 Cutters (C Group).
29.1165 Lugs (X Group).
29.1166 Primings (P Group).
29.1167 Mixed (M Group).
29.1168 Nondescript (N Group).
29.1169 Scrap (S Group).

                       summary of standard grades

29.1181 Summary of standard grades.

                       key to standard grademarks

29.1225 Key to standard grademarks.

 Official Standard Grades for Virginia Fire-Cured Tobacco (U.S. Type 21)

                               definitions

29.2251 Definitions.
29.2252 Air-dried.
29.2253 Body.
29.2254 Brown colors.
29.2255 Class.
29.2256 Clean.
29.2257 Color.
29.2258 Color intensity.
29.2259 Color symbols.
29.2260 Condition.
29.2261 Crude.
29.2262 Cured.
29.2263 Damage.
29.2264 Dirty.
29.2265 Elasticity.
29.2266 Elements of quality.
29.2267 Fiber.
29.2268 Finish.
29.2269 Fire-cured.
29.2270 Foreign matter.
29.2271 Form.
29.2272 Grade.
29.2273 Grademark.
29.2274 Green (G).
29.2275 Group.
29.2276 Injury.
29.2277 Leaf scrap.
29.2278 Leaf structure.
29.2279 Length.
29.2280 Lot.
29.2281 Maturity.
29.2282 Mixed color or variegated (M).
29.2283 Nested.
29.2284 No grade.
29.2285 Offtype.
29.2286 Oil.
29.2287 Order (case).
29.2288 Package.
29.2289 Packing.
29.2290 Premature primings.
29.2291 Quality.
29.2292 Resweated.
29.2293 Rework.
29.2294 Semicured.
29.2295 Semifired (SF).
29.2296 Side.
29.2297 Size.
29.2298 Sound.
29.2299 Special factor.
29.2300 Steam-dried.
29.2301 Stem.
29.2302 Stemmed.
29.2303 Strength.
29.2304 Strips.
29.2305 Subgrade.
29.2306 Sweated.
29.2307 Sweating.
29.2308 Tobacco.
29.2309 Tobacco products.
29.2310 Type.
29.2311 Type 21.
29.2312 Undried.
29.2313 Uniformity.
29.2314 Unsound (U).
29.2315 Unstemmed.
29.2316 Wet (W).
29.2317 Width.

                           elements of quality

29.2351 Elements of quality and degrees of each element.

                                  sizes

29.2371 Standard sizes.

                                  rules

29.2391 Rules.
29.2392 Rule 1.
29.2393 Rule 2.
29.2394 Rule 3.

[[Page 58]]

29.2395 Rule 4.
29.2396 Rule 5.
29.2397 Rule 6.
29.2398 Rule 7.
29.2399 Rule 8.
29.2400 Rule 9.
29.2401 Rule 10.
29.2402 Rule 11.
29.2403 Rule 12.
29.2404 Rule 13.
29.2405 Rule 14.
29.2406 Rule 15.
29.2407 Rule 16.
29.2408 Rule 17.
29.2409 Rule 18.
29.2410 Rule 19.
29.2411 Rule 20.
29.2412 Rule 21.
29.2413 Rule 22.
29.2414 Rule 23.

                                 grades

29.2436 Wrappers (A Group).
29.2437 Heavy Leaf (B Group).
29.2438 Thin Leaf (C Group).
29.2439 Lugs (X Group).
29.2440 (N Group).
29.2441 Scrap (S Group).

                       summary of standard grades

29.2461 Summary of standard grades.

                       key to standard grademarks

29.2481 Key to standard grademarks.

   Official Standard Grades for Kentucky and Tennessee Fire-Cured and 
 Foreign-Grown Fire-Cured Tobacco (U.S. Types 22, 23, and Foreign Type 
                                   96)

                               definitions

29.2501 Definitions.
29.2502 Air-dried.
29.2503 Body.
29.2504 Brown colors.
29.2505 Class.
29.2506 Clean.
29.2507 Color.
29.2508 Color intensity.
29.2509 Color symbols.
29.2510 Condition.
29.2511 Crude.
29.2512 Cured.
29.2513 Damage.
29.2514 Dirty.
29.2515 Elasticity.
29.2516 Elements of quality.
29.2517 Fiber.
29.2518 Finish.
29.2519 Fire-cured.
29.2520 Foreign matter.
29.2521 Form.
29.2522 Grade.
29.2523 Grademark.
29.2524 Green (G).
29.2525 Greenish.
29.2526 Group.
29.2527 Injury.
29.2528 Leaf.
29.2529 Leaf scrap.
29.2530 Leaf structure.
29.2531 Length.
29.2532 Lot.
29.2533 Maturity.
29.2534 Mixed color or variegated (M).
29.2535 Nested.
29.2536 No grade.
29.2537 Offtype.
29.2538 Oil.
29.2539 Order (case).
29.2540 Package.
29.2541 Packing.
29.2542 Quality.
29.2543 Raw.
29.2544 Resweated.
29.2545 Rework.
29.2546 Semicured.
29.2547 Semifired (SF).
29.2548 Side.
29.2549 Size.
29.2550 Sound.
29.2551 Special factor.
29.2552 Steam-dried.
29.2553 Stem.
29.2554 Stemmed.
29.2555 Strength.
29.2556 Strips.
29.2557 Subgrade.
29.2558 Sweated.
29.2559 Sweating.
29.2560 Tobacco.
29.2561 Tobacco products.
29.2562 Type.
29.2563 Type 22.
29.2564 Type 23.
29.2565 Type 96.
29.2566 Undried.
29.2567 Uniformity.
29.2568 Unsound (U).
29.2569 Unstemmed.
29.2570 Wet (W).
29.2571 Width.

                           elements of quality

29.2601 Elements of quality and degrees of each element.

                                  sizes

29.2606 Standard sizes.

                                  rules

29.2616 Rules.
29.2617 Rule 1.
29.2618 Rule 2.
29.2619 Rule 3.
29.2620 Rule 4.
29.2621 Rule 5.
29.2622 Rule 6.
29.2623 Rule 7.
29.2624 Rule 8.
29.2625 Rule 9.
29.2626 Rule 10.

[[Page 59]]

29.2627 Rule 11.
29.2628 Rule 12.
29.2629 Rule 13.
29.2630 Rule 14.
29.2631 Rule 15.
29.2632 Rule 16.
29.2633 Rule 17.
29.2634 Rule 18.
29.2635 Rule 19.
29.2636 Rule 20.
29.2637 Rule 21.
29.2638 Rule 22.
29.2639 Rule 23.
29.2640 Rule 24.

                                 grades

29.2661 Wrappers (A Group).
29.2662 Heavy Leaf (B Group).
29.2663 Thin Leaf (C Group).
29.2664 Lugs (X Group).
29.2665 Nondescript (N Group).
29.2666 Scrap (S Group).

                       summary of standard grades

29.2686 Summary of standard grades.

                       key to standard grademarks

29.2696 Key to standard grademarks.

 Official Standard Grades for Burley Tobacco (U.S. Type 31 and Foreign 
                                Type 93)

                               definitions

29.3001 Definitions.
29.3002 Air-cured.
29.3003 Air-dried.
29.3004 Body.
29.3005 Burley, Type 31.
29.3006 Burley, Type 93.
29.3007 Buff color (L).
29.3008 Class.
29.3009 Clean.
29.3010 Color.
29.3011 Color intensity.
29.3012 Color symbols.
29.3013 Combination color symbols.
29.3014 Condition.
29.3015 Crude.
29.3016 Cured.
29.3017 Damage.
29.3018 Dark red color (D).
29.3019 Dirty.
29.3020 Elements of quality.
29.3021 Fiber.
29.3022 Finish.
29.3023 Foreign matter.
29.3024 Form.
29.3025 General color.
29.3026 General quality.
29.3027 Grade.
29.3028 Grademark.
29.3029 Green (G).
29.3030 Greenish (V).
29.3031 Group.
29.3032 Injury.
29.3033 Leaf.
29.3034 Leaf scrap.
29.3035 Leaf structure.
29.3036 Leaf surface.
29.3037 Length.
29.3038 Lot.
29.3039 Maturity.
29.3040 Mixed color (M).
29.3041 Nested.
29.3042 No grade.
29.3043 No-G-Nested.
29.3044 Offtype.
29.3045 Order (case).
29.3046 Oriented.
29.3047 Package.
29.3048 Packing.
29.3049 Pink or pinkish.
29.3050 Quality.
29.3051 Raw.
29.3052 Red color (R).
29.3053 Rework.
29.3054 Semicured.
29.3055 Side.
29.3056 Sound.
29.3057 Special factor.
29.3058 Steam-dried.
29.3059 Stem.
29.3060 Stemmed.
29.3061 Strength (tensile).
29.3062 Strips.
29.3063 Subgrade.
29.3064 Sweated.
29.3065 Sweating.
29.3066 Tan color.
29.3067 Tannish-buff (FL).
29.3068 Tannish-red color (FR).
29.3069 Tobacco.
29.3070 Tobacco products.
29.3071 Type.
29.3072 Undried.
29.3073 Uniformity.
29.3074 Unsound (U).
29.3075 Unstemmed.
29.3076 Variegated (K).
29.3077 Wet (W).
29.3078 Width.

                           elements of quality

29.3101 Elements of quality and degrees of each element.

                                  rules

29.3103 Rules.
29.3104 Rule 1.
29.3105 Rule 2.
29.3106 Rule 3.
29.3107 Rule 4.
29.3108 Rule 5.
29.3109 Rule 6.
29.3110 Rule 7.
29.3111 Rule 8.
29.3112 Rule 9.
29.3113 Rule 10.
29.3114 Rule 11.
29.3115 Rule 12.
29.3116 Rule 13.
29.3117 Rule 14.

[[Page 60]]

29.3118 Rule 15.
29.3119 Rule 16.
29.3120 Rule 17.
29.3121 Rule 18.
29.3122 Rule 19.
29.3123 Rule 20.
29.3124 Rule 21.
29.3125 Rule 22.
29.3126 Rule 23.
29.3127 Rule 24.
29.3128 Rule 25.

                                 grades

29.3151 Flyings (X Group).
29.3152 Lugs or Cutters (C Group).
29.3153 Leaf (B Group).
29.3154 Tips (T Group).
29.3155 Mixed (M Group).
29.3156 Nondescript (N Group).
29.3157 Scrap (S Group).

                       summary of standard grades

29.3181 Summary of standard grades.

                       key to standard grademarks

29.3182 Key to standard grademarks.

Official Standard Grades for Dark Air-Cured Tobacco (U.S. Types 35, 36, 
                         37 and Foreign Type 95)

                               definitions

29.3501 Definitions.
29.3502 Air-cured.
29.3503 Air-dried.
29.3504 Body.
29.3505 Brown colors.
29.3506 Class.
29.3507 Clean.
29.3508 Color.
29.3509 Color intensity.
29.3510 Color symbols.
29.3511 Condition.
29.3512 Crude.
29.3513 Cured.
29.3514 Damage.
29.3515 Dirty.
29.3516 Elasticity.
29.3517 Finish.
29.3518 Foreign matter.
29.3519 Form.
29.3520 Grade.
29.3521 Grademark.
29.3522 Green (G).
29.3523 Group.
29.3524 Injury.
29.3525 Leaf.
29.3526 Leaf scrap.
29.3527 Leaf structure.
29.3528 Leaf surface.
29.3529 Length.
29.3530 Lot.
29.3531 Maturity.
29.3532 Mixed (M).
29.3533 Nested.
29.3534 No grade.
29.3535 Offtype.
29.3536 Order (case).
29.3537 Package.
29.3538 Packing.
29.3539 Quality.
29.3540 Raw.
29.3541 Resweated.
29.3542 Rework.
29.3543 Semicured.
29.3544 Side.
29.3545 Size.
29.3546 Sound.
29.3547 Special factor.
29.3548 Steam-dried.
29.3549 Stem.
29.3550 Stemmed.
29.3551 Strips.
29.3552 Subgrade.
29.3553 Sweated.
29.3554 Sweating.
29.3555 Tobacco.
29.3556 Tobacco products.
29.3557 Type.
29.3558 Type 35.
29.3559 Type 36.
29.3560 Type 37.
29.3561 Type 95.
29.3562 Undried.
29.3563 Uniformity.
29.3564 Unsound (U).
29.3565 Unstemmed.
29.3566 Variegated.
29.3567 Wet (W).
29.3568 Width.

                           elements of quality

29.3586 Elements of quality and degrees of each element.

                                  sizes

29.3591 Standard tobacco sizes.

                                  rules

29.3601 Rules.
29.3602 Rule 1.
29.3603 Rule 2.
29.3604 Rule 3.
29.3605 Rule 4.
29.3606 Rule 5.
29.3607 Rule 6.
29.3608 Rule 7.
29.3609 Rule 8.
29.3610 Rule 9.
29.3611 Rule 10.
29.3612 Rule 11.
29.3613 Rule 12.
29.3614 Rule 13.
29.3615 Rule 14.
29.3616 Rule 15.
29.3617 Rule 16.
29.3618 Rule 17.
29.3619 Rule 18.
29.3620 Rule 19.
29.3621 Rule 20.
29.3622 Rule 21.
29.3623 Rule 22.

[[Page 61]]

29.3624 Rule 23.
29.3625 Rule 24.
29.3626 Rule 25.

                                 grades

29.3646 Wrappers (A Group).
29.3647 Heavy Leaf (B Group).
29.3648 Thin Leaf (C Group).
29.3649 [Reserved]
29.3650 Lugs (X Group).
29.3651 Nondescript (N Group).
29.3652 Scrap (S Group).

                       summary of standard grades

29.3676 Summary of standard grades.

                        applicable standard sizes

29.3681 Applicable standard sizes.

                       key to standard grademarks

29.3686 Key to standard grademarks.

Official Standard Grades for Wisconsin Cigar-Binder Tobacco (U.S. Types 
                               54 and 55)

                               definitions

29.6001 Definitions.\1\
29.6002 Air-cured.
29.6003 Body.
29.6004 Burn.
29.6005 Case (order).
29.6006 Class.
29.6007 Clean.
29.6008 Condition.
29.6009 Crude.
29.6010 Cured.
29.6011 Damage.
29.6012 Dirty.
29.6013 Elasticity.
29.6014 Elements of quality.
29.6015 Foreign matter.
29.6016 Form.
29.6017 General quality.
29.6018 Grade.
29.6019 Grademark.
29.6020 Group.
29.6021 Injury.
29.6022 Leaf scrap.
29.6023 Leaf structure.
29.6024 Length.
29.6025 Lot.
29.6026 Maturity.
29.6027 Nested.
29.6028 No Grade.
29.6029 Offtype.
29.6030 Package.
29.6031 Packing.
29.6032 Quality.
29.6033 Raw.
29.6034 Semicured.
29.6035 Side.
29.6036 Sound.
29.6037 Stem.
29.6038 Stemmed.
29.6039 Stem rot.
29.6040 Strength (tensile).
29.6041 Strips.
29.6042 Sweated.
29.6043 Tobacco.
29.6044 Tobacco products.
29.6045 Type.
29.6046 Type 53.
29.6047 Type 54.
29.6048 Type 55.
29.6049 Undried.
29.6050 Uniformity.
29.6051 Unstemmed.
29.6052 Unsweated.
29.6053 Wet (high-case).
29.6054 Width.

                           elements of quality

29.6081 Elements of quality and degrees of each element.

                                  rules

29.6086 Rules.
29.6087 Rule 1.
29.6088 Rule 2.
29.6089 Rule 3.
29.6090 Rule 4.
29.6091 Rule 5.
29.6092 Rule 6.
29.6093 Rule 7.
29.6094 Rule 8.
29.6095 Rule 9.
29.6096 Rule 10.
29.6097 Rule 11.
29.6098 Rule 12.
29.6099 Rule 13.
29.6100 Rule 14.
29.6101 Rule 15.
29.6102 Rule 16.
29.6103 Rule 17.
29.6104 Rule 18.

                                 grades

29.6126 Binder (B Group).
29.6127 Stripper (C Group).
29.6128 Straight Stripped (X Group).
29.6129 Farm Filler (Y Group).
29.6130 Nondescript (N Group).
29.6131 Scrap (S Group).

                       summary of standard grades

29.6155 Summary of standard grades.

                       key to standard grademarks

29.6161 Key to standard grademarks.

           Subpart D_Orders of Designation of Tobacco Markets

29.8001 Designation of tobacco markets.

[[Page 62]]

Subpart E [Reserved]

Subpart F_Policy Statement and Regulations Governing the Identification 
 and Certification of Nonquota Tobacco Produced and Marketed in a Quota 
                                  Area

                               definitions

29.9201 Terms defined.
29.9202 Approved receiving station.
29.9203 Certification.
29.9204 Crop-lot.
29.9205 Identification number (farm serial number).
29.9206 Inspection.
29.9207 Nonquota tobacco.
29.9208 Permissible inspection.
29.9209 Lot.
29.9210 Office of inspection.

                            policy statement

29.9221 Policy statement.

                             administration

29.9231 Administration.
29.9232 Where certification is available.
29.9233 When certification will be made.
29.9234 Who may obtain certification.
29.9235 How to make application.
29.9236 Form of application.
29.9237 When application deemed filed.
29.9238 When application may be rejected.
29.9239 When application may be withdrawn.
29.9240 Responsibilities of applicant.
29.9241 Accessibility of tobacco.

                            fees and charges

29.9251 Fees and charges.

                          certifying procedures

29.9261 Procedure to be followed.
29.9262 Issuance of certificates.
29.9263 Tobacco classification certificate.
29.9264 Forms.
29.9265 Disposition of certificate.
29.9266 Changes or alterations.

                               preclusion

29.9281 Preclusion.

  Subpart G_Policy Statement and Regulations Governing Availability of 
 Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on 
                           Designated Markets

29.9401 Definitions.
29.9402 Policy statement.
29.9403 Flue-Cured Tobacco Advisory Committee.
29.9404 Marketing area opening dates and marketing schedules.
29.9405 Issuance of marketing area opening date and selling schedules by 
          the Secretary.
29.9406 Failure of warehouse to comply with opening and selling 
          schedule.
29.9407 Records and reports.

    Authority: 7 U.S.C. 511b, 511r.

    Cross Reference: For regulations with respect to tobacco warehouses, 
see part 737 of chapter VII.



 Subpart A_Policy Statement and Regulations Governing the Extension of 
  Tobacco Inspection and Price Support Services to New Markets and to 
                 Additional Sales on Designated Markets

    Authority: Sec. 14, 49 Stat. 734, as amended; sec. 4, 62 Stat. 1070, 
as amended, 7 U.S.C. 511m, 15 U.S.C. 714b. Interpret or apply sec. 5, 62 
Stat. 1072 secs. 101, 401, 403, 63 Stat. 1051, as amended, 1054 as 
amended, 15 U.S.C. 714c, 7 U.S.C. 1441, 1421, 1423.



Sec. 29.1  Definitions.

    For purposes of this subpart A, the following terms shall have the 
following meanings:
    (a) Additional sale means an additional auction sale proposed to be 
conducted on a designated market.
    (b) Adequate set of buyers means 5 or more buyers representing 5 or 
more companies or buying organizations which either will use the tobacco 
in the manufacture of tobacco products in this country or in foreign 
countries, or will pack and sell the tobacco later for use by 
manufacturers in this country or foreign countries, and who could 
reasonably be expected to purchase at least two-thirds of the total U.S. 
production of the kind of tobacco for which the additional services are 
requested.
    (c) Auction market means a marketing center containing one or more 
warehouses where tobacco is delivered by producers thereof, or their 
agents, for sale by the auction process. There may be one or more 
auction sales on an auction market.
    (d) Bona fide auction sale and auction sale mean the buying and 
selling of tobacco offered by producers by the auction process which 
customarily and usually consists of an adequate set of buyers; an 
auctioneer who takes each buyer's bid; a sales starter who makes

[[Page 63]]

the opening bid on each lot; and a ticket marker who records the 
applicable sales data on each lot.
    (e) Designated market means an auction market designated by the 
Secretary under section 5 of the Tobacco Inspection Act including the 
town or city which is the population center of the market and whose name 
the market bears and all of the geographical area within 5 road miles of 
the boundaries of said city or town as they are constituted on January 
1, 1993. Provided, That any warehouse beyond those boundaries which 
received tobacco inspection and price support services during the 1992 
marketing season shall continue to receive such services at the same 
location regardless of any prohibition contained herein: And further 
provided, That this geographical limitation may be waived by the 
Secretary after a hearing held pursuant to Sec. Sec. 29.2 and 29.3.
    (f) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the U.S. Department of Agriculture 
to whom authority has heretofore been delegated, or to whom authority 
may hereafter be delegated, to act in his stead.
    (g) Hearing Officer means any administrative law judge appointed 
pursuant to 5 U.S.C. 3105, and assigned to the proceeding involved, or 
such other employee of the Department of Agriculture as the Secretary 
may designate to act as hearing officer at such hearing.
    (h) New market means an auction market, other than a designated 
market, at which inspection service under the tobacco Inspection Act was 
not provided on a regular basis during the preceding marketing season.
    (i) Hearing Clerk means the Hearing Clerk of the U.S. Department of 
Agriculture, Washington, DC 20250.
    (j) Kind of tobacco means any one of the following: Flue-cured, 
Burley, Fire-cured, Dark air-cured, Maryland or Virginia sun-cured.

[37 FR 7765, Apr. 20, 1972, as amended at 39 FR 3548, Jan. 28, 1974; 42 
FR 17097, Mar. 31, 1977; 58 FR 21343, Apr. 21, 1993]



Sec. 29.2  Policy statement.

    Inspection and price support services currently provided in auction 
marketing areas are adequate and the lack of these services is not a 
limiting factor to accelerated marketings or the extension of price 
support to producers. Consequently, the extension of inspection and 
price support services, without limitation even though the cost of such 
service is paid by the seller, would not contribute to the effectuation 
of the purposes of either of these services. The additional cost 
incident to the unlimited extension of these services would be 
unjustifiable and excessive in relation to the total quantity of tobacco 
available for market. Accordingly, inspection and price support services 
shall be made available on new markets at warehouses which are located 
beyond the geographical limitation for ``designated markets'' set forth 
in Sec. 29.1(e), and additional sales for other than flue-cured tobacco 
only as hereinafter provided. With regard to flue-cured tobacco, 
allocation of inspection services is based on producer designation, as 
provided for in 7 CFR 1464.2(e)(2)(iii), see subpart G. Also, since 
these services shall be made available to new markets to warehouses 
which are located beyond the geographical limitation for ``designated 
markets'' set forth in Sec. 29.1(e), and additional sales only as 
herein provided, referenda incident to market designations shall not be 
conducted until auction markets seeking designation have qualified for 
inspection and price support services as herein provided.
    (a) Reasonable inspection and price support services. The extension 
of tobacco inspection and price support services to new markets to 
warehouses which are located beyond the geographical limitation for 
``designated markets'' set forth in Sec. 29.1(e), and additional sales 
will be conditioned upon the reasonableness of such services existing in 
the marketing area of the proposed new market or additional sale. 
Transactions in tobacco as conducted at auction markets customarily 
involve the sale of tobacco at a bona fide auction sale. Determination 
with respect to reasonableness, and consequently with respect to 
granting or denying additional services, will be based on evidence (1) 
that the proposed new market, warehouse located beyond

[[Page 64]]

the geographical limitation for ``designated markets'' set forth in 
Sec. 29.1(e), or additional sale will function as a bona fide auction 
sale, and (2) that additional services are justifiable in relation to 
other market data, including the volume of tobacco produced in the area 
surrounding the proposed new market, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec. 
29.1(e), or additional sale; the roads and road distances involved in 
moving tobacco to the proposed new market, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec. 
29.1(e), or additional sale in relation to other tobacco marketing 
centers; the relative availability or congestion of all facilities for 
redrying and packing tobacco handled or to be handled in the proposed 
new market, warehouse located beyond the geographical limitation for 
``designated markets'' set forth in Sec. 29.1(e), or additional sale; 
the location of other auction markets on which tobacco produced in the 
marketing area of the proposed new market, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec. 
29.1(e), or additional sale may be marketed; the number of tobacco 
growers to be affected by the proposed new market, warehouse located 
beyond the geographical limitation for ``designated markets'' set forth 
in Sec. 29.1(e), or additional sale; the volume of tobacco likely to be 
sold in the proposed new market, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec. 
29.1(e), or additional sale; the relationship of sales in the proposed 
new market, warehouse located beyond the geographical limitation for 
``designated markets'' set forth in Sec. 29.1(e), or additional sale to 
sales in other auction markets in the producing area for that kind of 
tobacco; other economic factors affecting the marketing of tobacco, by 
growers, in the marketing area of the proposed new market, warehouse 
located beyond the geographical limitation for ``designated markets'' 
set forth in Sec. 29.1(e), or additional sale and in the producing area 
for that kind of tobacco, including limitations on sales imposed by any 
marketing agreement and/or order, or by any other means; and also, as to 
flue-cured tobacco, data with regard to producer designations which 
shall include, but not be limited to, the markets and warehouses 
currently available for the producers, who would be eligible to 
designate the new market or, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec. 29.1(e), who 
already designate and who desire to designate the new market.
    (b) Order of priority. If the Secretary finds that there are 
insufficient qualified tobacco inspectors available to service 
adequately all applicants otherwise found to be qualified for additional 
inspection service pursuant to this subpart for a kind of tobacco, those 
applicants found to be eligible for additional services on auction 
markets designated for mandatory inspection shall be given priority over 
applicants for additional inspection service on other auction markets. 
If it becomes necessary to determine which of several qualified 
applicants having an equal order of priority under the preceding 
sentence shall receive additional inspection and price support services, 
those auction sales or auction markets where the greatest number of 
growers needing such service may be served with the qualified inspectors 
shall have priority. If an application for an additional sale on a 
designated market is denied for lack of qualified inspectors, the 
Secretary, on application from such market, may temporarily suspend the 
requirement of inspection and certification on such market pursuant to 
section 5 of the Tobacco Inspection Act.
    (c) Price support services to be through warehouses. Price support 
services on any auction market will be offered through tobacco auction 
warehouses operating in such market, and, notwithstanding any provision 
of this subpart, the offering of price support services through any 
auction warehouse located on any auction market will be conditioned upon 
a qualified, responsible warehouseman entering into an approved auction 
warehouse contract under the provisions of the applicable

[[Page 65]]

tobacco price support program, published at part 1464 of this title.

[37 FR 7765, Aug. 20, 1972, as amended at 42 FR 17097, Mar. 31, 1977; 46 
FR 62393, Dec. 24, 1981]



Sec. 29.3  Procedures for filing, hearing, and determination of applications.

    (a) Time and place of filing. Applications for the extension of 
tobacco inspection and price support services to new markets, to 
warehouses located beyond the geographical limitation for ``designated 
markets'' set forth in Sec. 29.1(e) and to additional sales on 
designated markets shall be filed, in triplicate, with the Hearing Clerk 
not later than September 15 in the case of flue-cured tobacco, December 
1 in the case of Maryland tobacco, and July 15 in the case of burley and 
all other kinds of tobacco. Applications should be addressed to the 
Hearing Clerk, U.S. Department of Agriculture, Washington, DC 20250. 
Applications which are not received by the Hearing Clerk on or before 
the foregoing cutoff date for the kind of tobacco shall be rejected as 
untimely filed. After denial of an application for additional inspection 
and price support services for a marketing season, no application from 
the same auction market or proposed new market shall be considered for 
the next consecutive marketing season, unless the application contains a 
statement by the applicant setting forth new facts that constitute 
evidence of such a substantial change in conditions since the previous 
hearing as the review committee as specified in paragraph (h) of this 
section deems would warrant such further hearing.
    (b) Form and content of application. The application shall be in 
writing, shall set forth the grounds for the application and shall be 
signed by the applicant or applicants. If an applicant is a corporation, 
the application shall be executed by a responsible officer of such 
corporation. The application shall include a statement of the name, 
address and form of business organization of each party to the 
application and the location of the proposed new market or additional 
sale.
    (c) Hearings on applications. Following the closing date for filing 
applications for each kind of tobacco, a hearing or hearings shall be 
held on the applications, if any, filed for additional inspection and 
price support services for the kind of tobacco in question. Such hearing 
or hearings shall be scheduled to begin within 60 days following the 
closing date for such applications. Notice of hearing shall be issued by 
the Secretary, filed with the Hearing Clerk, and published in the 
Federal Register, and a copy shall be mailed by the Hearing Clerk to 
each applicant. Such publication and mailing shall be not less than 5 
days prior to the opening of the hearing.
    (d) Hearing officer. A hearing officer shall preside over each such 
hearing. The hearing officer shall determine the order of procedure at 
the hearing, shall have power to administer oaths and affirmations, to 
rule on and admit evidence, and, following the opening of the hearing, 
to recess the hearing to such other times and places as he deems 
desirable or necessary.
    (e) Scope of hearing and burden of proof. Each applicant shall have 
the burden of presenting evidence relative to the factors specified in 
Sec. 29.2(a).
    (f) Record and evidence. The proceedings at each such hearing shall 
be transcribed verbatim. All oral testimony shall be under oath or 
affirmation. All documentary exhibits shall be submitted in triplicate 
by the person offering the same. The Hearing Officer shall, insofar as 
possible, exclude testimony and exhibits which are irrelevant, 
immaterial, or not of the sort upon which responsible persons are 
accustomed to rely. Cross-examination shall be allowed only to the 
extent that the Hearing Officer in his discretion deems it desirable or 
necessary to develop the material facts.
    (g) Briefs. If requested at the hearing, the presiding officer shall 
fix a time, not to exceed 20 days from the close of the hearing, within 
which interested persons may mail briefs to the Hearing Clerk.
    (h) Certification and referral. As soon as practicable following the 
close of the hearing, the Hearing Officer shall certify the transcript 
of the proceedings at the hearing together with all exhibits and shall 
transmit the same to the Hearing Clerk for referral to a review 
committee comprised of

[[Page 66]]

the Administrator, Agricultural Marketing Service, the Administrator, 
Agricultural Stabilization and Conservation Service, and a 
representative of the Office of the Secretary to be designated by the 
Secretary.
    (i) Recommended action. The review committee shall review and 
consider the applications, hearing record, including exhibits, and all 
other available information and data relating to applications for each 
kind of tobacco and shall submit a recommendation thereon to the 
Secretary.
    (j) Final decision. The Secretary shall issue the decision on each 
application and such decision shall be final: Provided, That any 
determination that additional services will be provided may be 
reconsidered and may be vacated if it is subsequently found that any 
material fact upon which such determination was based was materially 
erroneous or false, or that the new market or additional sale in 
question is not functioning as a bona fide auction sale. Such decision 
shall be filed with the Hearing Clerk who shall mail a true copy 
thereof, by certified mail, to the applicant.

[37 FR 7765, Apr. 20, 1972, as amended by 39 FR 3548, Jan. 28, 1974; 41 
FR 24693, June 18, 1976; 42 FR 17098, Mar. 31, 1977; 46 FR 62393, Dec. 
24, 1981]



                          Subpart B_Regulations

    Authority: 7 U.S.C. 511m, 511r, and 511s.

    Source: 13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, unless 
otherwise noted.

                               definitions



Sec. 29.12  Terms defined.

    As used in this subpart and in all instructions, forms, and 
documents in connection therewith, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned unless the context 
or subject matter otherwise requires.



Sec. 29.13  The act.

    The Tobacco Inspection Act, approved August 23, 1935. (7 U.S.C. 511 
et seq.)



Sec. 29.14  Secretary.

    Secretary means 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.



Sec. 29.15  Department.

    The U.S. Department of Agriculture.



Sec. 29.16  Division.

    Tobacco Division, Agricultural Marketing Service, U.S. Department of 
Agriculture.



Sec. 29.17  Director.

    Director or Acting Director, Tobacco Division, Agricultural 
Marketing Service, U.S. Department of Agriculture.



Sec. 29.18  Person.

    Individual, association, partnership, or corporation.



Sec. 29.19  Inspector.

    Person employed, licensed, or authorized by the Secretary to 
determine and certify the type, grade, condition, or other 
characteristics of tobacco.



Sec. 29.20  Sampler.

    Person employed, licensed, or authorized by the Secretary to select, 
tag, and seal official samples of tobacco.



Sec. 29.21  Weigher.

    Person employed, licensed, or authorized by the Secretary to weigh 
and certify the weight of tobacco.



Sec. 29.22  Appeal inspector.

    An inspector or other person designated or authorized by the 
Division to hear appeals under the Act and the regulations in this 
subpart.



Sec. 29.23  Tobacco.

    Tobacco in its unmanufactured forms as it appears between the time 
it is cured and stripped from the stalk, or primed and cured and the 
time it enters a manufacturing process. Conditioning, sweating, and 
stemming are not regarded as manufacturing processes.

[[Page 67]]



Sec. 29.24  Official standards.

    Standards for tobacco promulgated by the Secretary under the Act.



Sec. 29.25  Tentative standards.

    Standards for tobacco prepared by the Division for trial purposes 
and limited use pending promulgation by the Secretary of Official 
Standards.



Sec. 29.26  Office of inspection.

    A field office of the tobacco inspection service of the Division.



Sec. 29.27  Certificate.

    A certificate issued under the Act and the regulations in this 
subpart.



Sec. 29.28  Interested party.

    The owner or other financially interested person; including the 
warehouseman, commission merchant, association, and other person who has 
the tobacco in his custody for sale; the authorized agent of the owner; 
and persons to whom or by whom the tobacco has been sold on the basis of 
a certificate issued, or sample prepared, under the Act, but not 
including a person who is negotiating for its purchase.



Sec. 29.29  Regulations.

    Rules and regulations of the Secretary under the Act.



Sec. 29.30  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec. 29.31  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec. 29.32  Identification number.

    A number or a combination of letters and numbers in a design or mark 
approved by the Director, stamped, printed, or stenciled on a lot of 
tobacco or attached thereto by an inspector, sampler, or weigher for the 
purpose of identifying the lot covered by a certificate issued under the 
Act.



Sec. 29.33  Official sample.

    A sample selected, tagged, and signed by an inspector or sampler 
under the Act.



Sec. 29.34  Sample seal.

    A seal approved by the Director for sealing official samples.



Sec. 29.35  Lot seal.

    A seal approved by the Director for sealing lots of tobacco 
certificated under the Act.



Sec. 29.36  Auction market.

    A place to which tobacco is delivered by the producers thereof, or 
their agents, for sale at auction through a warehouseman or commission 
merchant.



Sec. 29.37  Designated market.

    An auction market designated by the Secretary, under section 5 of 
the Act.



Sec. 29.38  Public notice.

    A proclamation by the Secretary under the Act (a) stating that an 
auction market is designated under the Act; (b) giving notice of such 
fact; (c) specifying a date when the requirement of inspection and 
certification under the act shall become effective; and (d) released to 
the press, mailed to the tobacco board of trade or warehouse association 
of such market, and mailed to the postmaster at such market for posting.



Sec. 29.39  Permissive inspection.

    Inspection authorized under section 6 of the Act.



Sec. 29.40  Mandatory inspection.

    Inspection authorized or required under section 5 of the Act or 
Section 759 of the Appropriations Act.

[67 FR 36080, May 23, 2002]

                               definitions



Sec. 29.41  The Appropriations Act.

    The Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act for 2002 (Pub. L. 107-76).

[67 FR 36080, May 23, 2002]



Sec. 29.42  Receiving station.

    Points at which producer tobacco is offered for marketing (other 
than sale

[[Page 68]]

at auction on a designated market), including tobacco auction 
warehouses, packing houses, prizeries, or places where tobacco is 
handled or stored.

[67 FR 36080, May 23, 2002]

                             administration



Sec. 29.51  Administration.

    The Director is charged with the supervision of the Division and the 
performance of all duties assigned thereto in the administration of the 
Act. Information concerning such administration may be obtained by 
addressing: The Director, Tobacco Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Washington, DC 20250.

                          permissive inspection



Sec. 29.56  Permissive inspection.

    Permissive inspection consists of inspection, including sampling and 
weighing, and certificating tobacco upon the request of an interested 
party. Upon such request, the Director may authorize and require an 
inspector, as a part of his duties, to supervise the preparation of 
tobacco to be inspected under the Act, including the sorting, handling, 
conditioning, or packing of such tobacco. Special tests and services may 
be performed for interested persons to the extent that available 
facilities will permit, subject to the payment of fees as provided in 
Sec. 29.123.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 64 FR 
67470, Dec. 2, 1999; 65 FR 36782, June 12, 2000]



Sec. 29.57  Where inspection is offered.

    Tobacco may be inspected, sampled, or weighed for the purposes of 
the Act, upon request of an interested party, at points indicated in 
paragraphs (a), (b), and (c) of this section whenever official 
inspectors, samplers, or weighers are available and the tobacco is 
offered under conditions that permit of its proper examination.
    (a) Points at which tobacco enters, or is offered for, interstate or 
foreign shipment, including packing houses, prizeries, warehouses, and 
other places where tobacco is handled, packed, or stored.
    (b) The stations or the headquarters of inspectors, samplers, or 
weighers. An official station may be any town, city, or place having a 
market, receiving station, or other facilities for handling, packing, or 
storing tobacco and where there is a sufficient volume of work to 
justify the stationing of an inspector, sampler, or weigher.
    (c) Points near an official station, to the extent permitted by the 
time of the inspector, sampler, or weigher at such official station.



Sec. 29.58  Who may obtain inspection.

    Inspection, sampling, or weighing as described in Sec. 29.56 may be 
requested by an interested party, or his authorized agent, by filing an 
application in accordance with Sec. Sec. 29.59 and 29.60.



Sec. 29.59  How to make application.

    Application for inspection, sampling, or weighing of tobacco shall 
be made to the Division, the office of inspection, or as the case may 
be, to an official inspector, sampler, or weigher. It may be made orally 
or in writing and delivered in person, by mail, by telegraph, or 
otherwise. If made orally, the Division or the official receiving it may 
require a written confirmation.



Sec. 29.60  Form of application.

    Application for inspection, sampling, or weighing tobacco shall 
include the following information:
    (a) The date of the application;
    (b) The designation of the tobacco and the crop year of its 
production;
    (c) The name and post-office address of the applicant and of the 
person, if any, making the application as agent;
    (d) The financial interest of the applicant in the tobacco;
    (e) The exact nature of the service desired as (1) inspection, (2) 
inspection and sealing packages, (3) sampling, or (4) weighing;
    (f) A statement that the tobacco (1) is in commerce, as defined in 
the act, or (2) is to be inspected, sampled, or weighed in connection 
with its entering such commerce;
    (g) If the tobacco has been officially inspected, sampled, or 
weighed previously, the application must have the previous certificate 
attached, or show with respect to such previous service

[[Page 69]]

(1) by whom, (2) the date, (3) previous determinations as certificated;
    (h) The reason for requesting reinspection, resampling, or 
reweighing; and
    (i) Such other necessary information as the Director may require.



Sec. 29.61  When application deemed filed.

    An application shall be deemed filed when delivered to the Division, 
the office of inspection, or according to the nature of the service 
requested, to an official inspector, sampler, or weigher. When an 
application is filed, the date and time of filing shall be recorded by 
the official receiving it.



Sec. 29.62  When application may be rejected.

    An application may be rejected (a) for noncompliance with the Act or 
the regulations in this subpart, or (b) when it is not practicable to 
provide the service. All expenses incurred in connection with an 
application rejected for noncompliance with the Act or the regulations 
in this subpart shall be paid by the applicant as provided in Sec. 
29.124.



Sec. 29.63  When application may be withdrawn.

    An application may be withdrawn at any time before the requested 
service is rendered upon payment of expenses incurred in connection 
therewith as provided in Sec. 29.124.



Sec. 29.64  Authority of agent.

    Proof of authority of any person making an application as agent may 
be required in the discretion of the official receiving the application.



Sec. 29.65  Accessibility of tobacco.

    All tobacco to be inspected, sampled, or weighed upon application 
shall be made accessible by the applicant for proper examination, 
including any necessary display in proper light for determination of 
grade or other characteristics or for drawing of samples. In the case of 
tobacco in packages, the coverings shall be removed by the applicant in 
such manner as may be prescribed by the inspector, sampler, or weigher.



Sec. 29.66  Certificates.

    (a) Forms. Each certificate issued under this regulation shall (1) 
show that it was issued under The Tobacco Inspection Act; (2) be in a 
form approved for the purpose by the Director and (3) embody within its 
written or printed terms, with respect to the particular kind of 
service, all applicable information required by paragraphs (b), (c), 
(d), (e), and (f) of this section. Each certificate may also contain any 
information, not inconsistent with the act and the regulations in this 
subpart, as may be approved or required by the Director. The Director 
may, in his discretion, specify or limit the period in which a 
certificate shall be valid.
    (b) Inspection certificate. Each inspection certificate shall show 
(1) the caption ``Tobacco Inspection Certificate''; (2) whether it is an 
original, first, second, or other copy; (3) the number of the 
certificate; (4) the identification number and private identification 
marks on the lot; (5) the date and number of the official sample, if 
any; (6) the location of the tobacco at the time of inspection or 
sampling; (7) the date of inspection; (8) the type and grade of the 
tobacco; (9) the kind of lot or package; and (10) the signature of the 
official inspector; also such additional information as may be required 
by the Director. An inspection certificate covering a package of tobacco 
shall also show the form and condition of the tobacco.
    (c) Sample inspection certificate. Each sample inspection 
certificate shall carry the caption ``Tobacco Sample Inspection 
Certificate'' and shall otherwise comply with the requirements of an 
inspection certificate, and in addition include a clearly worded 
statement that the type, grade, or other tobacco characteristics, shown 
therein, apply only to the tobacco contained in the sample inspected.
    (d) Weight certificate. Each weight certificate shall show (1) the 
caption ``Tobacco Weight Certificate''; (2) whether it is an original, 
first, second, or other copy; (3) the number of the certificate; (4) the 
identification number or private identification marks on the lot; (5) 
the location of the tobacco at the time of weighing; (6) the date of 
weighing; (7) the weight of each lot; (8) the kind of

[[Page 70]]

lot or package; and (9) the signature of the official weigher.
    (e) Official sample tag. Each official sample drawn and prepared 
shall have attached thereto, a certificate or tag showing (1) the 
caption ``Official Tobacco Sample''; (2) the date of sampling; (3) the 
location of the tobacco at the time of sampling; (4) the kind of lot or 
package; (5) the condition of the tobacco; (6) the identification number 
and private identification marks on the lot; and (7) when a lot is found 
to be damaged, nested, or in doubtful keeping order, a statement of such 
fact.
    (f) Combination certificate. A combination certificate of inspection 
and weight may be issued under the Act, if such certificate carries the 
caption ``Tobacco Inspection and Weight Certificate'' and otherwise 
meets all of the requirements of paragraphs (b) and (d) of this section.



Sec. 29.67  Disposition of certificates.

    When a certificate of inspection or weight is issued under the Act 
upon the request of an interested party, the original certificate and 
one copy shall be delivered or mailed to the applicant or a person 
designated by him, and one copy shall be mailed or delivered to the 
Division or local office of inspection. Charges may be made for 
additional copies furnished the interested party upon request as 
provided in Sec. 29.128.



Sec. 29.68  Advance information.

    Upon the request of an applicant for whom tobacco has been 
inspected, sampled, or weighed and certificated under the Act, all or 
any part of the contents of such certificate may be tel- egraphed or 
telephoned to him as his expense. Information relative to grade or other 
determinations contained or to be contained in a certificate shall not 
be divulged by an inspector, sampler, or weigher to any person other 
than an interested party or his agent without the approval of the 
Director, and such information shall not be furnished an interested 
party before the certificate is issued.



Sec. 29.69  Weighing apparatus.

    A scale used for determination of weight to be certificated under 
the Act shall be subject to examination for accuracy according to the 
regulations of the State or municipality in which located. No 
disapproved scale shall be used to determine weight of tobacco for the 
purposes of the Act and the regulations in this subpart.

                          mandatory inspection



Sec. 29.71  Mandatory inspection.

    Mandatory inspection consists of:
    (a) Inspecting and certifying tobacco under the Act on designated 
markets before it is offered for sale at auction; or
    (b) Inspecting and certifying tobacco at receiving stations under 
the Appropriations Act at the time the tobacco is delivered for sale.

[67 FR 36080, May 23, 2002]



Sec. 29.72  Where mandatory inspection is required.

    (a) Auction. All tobacco offered for sale at auction on a market 
designated in accordance with the Act and Sec. 29.73 shall be inspected 
and certificated under the Act upon the date specified by the Secretary 
in public notice of such designation, and thereafter, except when the 
requirement of such inspection and certification is temporarily 
suspended by the Deputy Administrator in accordance with the Act and the 
regulations in this subpart.
    (b) Other. Tobacco of the kinds specified below offered for sale by 
the producers thereof at receiving stations shall be inspected and 
certificated under the Appropriations Act at the time of delivery and 
prior to change of ownership. The specified kinds are flue-cured 
tobacco, types 11, 12, 13, and 14; burley tobacco, type 31; Kentucky-
Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured 
tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-
cured tobacco, types 35 and 36.

[67 FR 36080, May 23, 2002]



Sec. 29.73  Designation of markets; termination of designation.

    An auction market where tobacco bought or sold thereon at auction or 
the products customarily manufactured therefrom move in commerce may be 
designated under the Act by

[[Page 71]]

the Secretary after the Director has advised the Secretary that two-
thirds of the growers voting in the referendum held in accordance with 
Sec. 29.74 favored the designation of such market. When a market is 
designated by the Secretary, he shall give public notice of the fact and 
in such public notice he shall specify the date on which the requirement 
of inspection and certification of tobacco sold at auction on such 
market shall become effective. The Director may temporarily suspend the 
requirement of inspection and certification on a designated market when 
it is found impracticable to provide such services because competent 
inspectors are not obtainable or because the quantity of tobacco 
available for inspection is insufficient to justify the cost of such 
service. A designation shall terminate automatically at the end of any 
two consecutive marketing seasons during which a designated market does 
not conduct any sales of tobacco at auction. A market whose designation 
is terminated under this section shall be considered as a new market, as 
defined in Sec. 29.1, and any future application for services shall be 
filed and determined in accordance with the provisions of Sec. Sec. 
29.3 and 29.2.

[38 FR 27599, Oct. 5, 1973]



Sec. 29.74  Growers' referendum.

    (a) Method of conducting. Any referendum held as provided in section 
5 of the Act shall be conducted by the Division in accordance with this 
section. The Director shall determine (1) the market or group of markets 
to be covered by a referendum; (2) when a referendum is to be held; and 
(3) the period during which growers, entitled to vote therein, may cast 
their ballots. When a referendum is held for a group of markets, the 
result of such referendum may be construed to apply either individually 
or collectively to such markets. Before holding a referendum, the 
Division shall establish from the records of the collectors of internal 
revenue for the preceding marketing season, or in the absence of such 
records then from such other reliable sources of information as are 
available, a list showing the names of all growers who are entitled to 
vote in the referendum, and from the list so established the eligibility 
of growers to vote in a referendum shall be determined by the Division: 
Provided, That if a grower, whose name appears on such lists for two or 
more markets selling the same class of tobacco, votes in one referendum 
for a market selling such type, he shall not be eligible to vote in a 
referendum for any other market selling such type. If no growers sold 
tobacco at auction on a proposed new market during the preceding 
marketing season, then the list of growers entitled to vote in the 
referendum shall be comprised of the growers residing in the county 
where the pRoposed new market is located and in the adjacent counties.
    (b) Form of ballot. Ballots to be used for voting in a referendum 
held under the Act shall be in a form approved for the purpose by the 
Director.
    (c) Distribution of ballots. Ballots to be used by growers in a 
referendum under the act may be distributed by mail or otherwise as the 
Director may select. The Director may establish and publish a list of 
voting places for the purpose of any referendum and distribute ballots 
therefrom. When ballots are not mailed directly to growers who are 
entitled to vote, insofar as their addresses are known, the Director 
shall announce the voting places at which ballots can be secured, and 
copies of such announcement shall be given to the press and mailed, for 
posting and distribution, to the post offices of the market or group of 
markets covered by the referendum and to post offices in the vicinity of 
such markets or group of markets. Any explanatory statement with 
reference to a referendum, provisions of the Act and these regulations, 
or the operation and benefits of the services authorized by the act may 
be attached to or supplied with ballots.
    (d) Filing and tabulation of votes. Each ballot, when filled in and 
signed by a grower entitled to vote in a referendum, shall be mailed or 
delivered by him as specified in the ballot. Persons authorized by the 
Director to receive votes in any referendum shall promptly file all 
votes received or collected by them with the Division. All ballots filed 
in a referendum shall be examined to verify the eligibility of the voter 
and the Director shall have

[[Page 72]]

compiled the result of the referendum and furnish the Secretary a 
statement showing whether or not two-thirds of the growers voting 
favored the designation of the market or group of markets covered by the 
referendum. In verifying votes, ballots which do not show the desire of 
the voter, or ballots which are defective or illegible, or ballots on 
which the signature or other identification does not correspond with the 
established list shall not be counted. The choice of any individual 
voter shall not be divulged by any official of the Division, except to 
the Secretary when requested. Votes, ballots, and other documents 
pertaining to a referendum shall be preserved in the Division for a 
period of 2 years from the closing date of such referendum, and may be 
destroyed thereafter.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 55 FR 
21738, May 29, 1990]



Sec. 29.74a  Producer referenda on mandatory grading.

    (a)(1) Method of conducting. Referenda shall be conducted among 
producers who were engaged in the production of the following types of 
tobacco harvested in the immediately preceding crop year: flue-cured 
tobacco, types 11, 12, 13, 14; Kentucky-Tennessee fire-cured tobacco, 
types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-
cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; burley 
tobacco, type 31; and cigar filler and binder tobacco, types 42, 43, 53, 
54, and 55. A referendum will be conducted for each kind of tobacco and 
the results will apply to each individual kind. A producer is eligible 
to vote in referenda for each kind of tobacco they produce.
    (2) Farmers engaged in the production of tobacco. For purposes of 
the referenda, persons engaged in the production of tobacco includes any 
person who is entitled to share in a crop of the tobacco or the proceeds 
thereof because he or she shares in the risks of production of the crop 
as an owner, landlord, tenant, or sharecropper (a landlord whose return 
from the crop is fixed regardless of the amount of the crop produced is 
excluded) on a farm on which such crop is planted in a workmanlike 
manner for harvest: Provided, That any failure to harvest the crop 
because of conditions beyond the control of such person shall not affect 
his or her status as a person engaged in the production of the crop. In 
addition, persons engaged in the production of tobacco also includes 
each person who it is determined would have had an interest as a 
producer in the crop on a farm for which a farm allotment under the 
quota program (7 CFR part 723, subpart B) for the crop was established 
and no acreage of the crop was planted but an acreage of the crop was 
regarded as planted for history acreage purposes under the applicable 
Farm Service Agency commodity regulations of the Department of 
Agriculture.
    (3) One vote limitation. Each person eligible to vote in a 
particular referendum shall be entitled to only one vote in such 
referendum regardless of the number of farms in which such person is 
interested or the number of communities, counties, or States in which 
farms are located in which farms such person is interested: Provided, 
That:
    (i) The individual members of a partnership shall each be entitled 
to one vote, but the partnership as an entity shall not be entitled to 
vote;
    (ii) An individual eligible voter shall be entitled to one vote even 
though he or she is interested in an entity (including but not limited 
to a corporation) which entity is also eligible to vote;
    (iii) A person shall also be entitled to vote in each instance of 
his or her capacity as a fiduciary (including but not limited to a 
guardian, administrator, executor or trustee) if in such fiduciary 
capacity he or she is eligible to vote but the person for whom he or she 
acts as a fiduciary shall not be eligible to vote.
    (4) Joint and family interest. Where several persons, such as 
members of a family, have participated or will participate in the 
production of tobacco under the same lease or cropping agreement, only 
the person or persons who signed the lease or agreement, or agreed to an 
oral lease or agreement, shall be eligible to vote. Where two or more 
persons have produced or will produce tobacco as joint tenants, tenants 
in common, or owners of community property, each such person shall

[[Page 73]]

be entitled to one vote if otherwise eligible. The eligibility of one 
spouse does not affect the eligibility of the other spouse.
    (5) Minors. A minor shall be entitled to one vote if he or she is 
otherwise eligible and is 18 years of age or older when he or she votes.
    (6) Interpretation. In the case of tobacco on a farm where no 
acreage of tobacco is actually planted but an acreage of the commodity 
is regarded as planted under applicable regulations of the Department of 
Agriculture, persons on the farm who it is determined would have had an 
interest in the commodity as a producer if an acreage of the commodity 
had been actually planted shall be eligible to vote in the referendum.
    (b) Referenda procedures. See part 717 of chapter VII of this title 
for eligibility criteria and the procedures to be used in carrying out 
mandatory grading referenda. Where not inconsistent with this part, the 
definitions contained in parts 717, 718 and 723 of this title will 
govern administration of these referenda. A copy of the regulations in 
parts 717, 718, and 723 of this title, a referendum ballot, and voting 
procedures are available for review in any USDA Service Center.

[67 FR 9896, Mar. 5, 2002]



Sec. 29.75  Accessibility of tobacco.

    (a) All tobacco subject to mandatory inspection shall be made 
readily accessible for inspection.
    (b)(1) Each warehouse operator shall block off in his warehouse 
adequate space for each basket of flue-cured tobacco offered for sale on 
the auction market, and shall prominently number each 10th basket space. 
The blocking and numbering arrangement shall follow the order of sale; 
that is, down one row and back on the adjacent row.
    (2) Each warehouse shall display a plainly visible sign with the 
total number of baskets of flue-cured tobacco allotted to be sold each 
day. Each warehouse operator shall designate to the inspector the number 
of the starting space for each day's sale and grading will begin at this 
designated space. All spaces, whether empty or full, shall be counted. 
No tobacco will be graded beyond the numbered space corresponding with 
the number of baskets allotted for each day's sale. The grading shall 
proceed from the beginning point of the sale to the closing point of the 
sale in an orderly sequence. An inspector shall not go back and grade 
any basket of tobacco placed in a space which was empty when grading for 
the day's sales passed such sales space.
    (c) Before starting inspection of the day's sale of flue-cured 
tobacco in each warehouse, the head grader or market supervisor grader 
shall determine if there is compliance with the requirements of 
paragraph (b) of this section. If he determines that the prescribed 
system has not been followed, the inspectors shall proceed to the next 
scheduled warehouse and shall return to the noncomplying warehouse on 
the next sales day for such warehouse when the head grader or market 
supervisor grader shall again determine if the prescribed system has 
been followed before starting the inspection.
    (d) A reduction in daily sales for any warehouse resulting from 
noncompliance with this section, including empty spaces, shall not 
prevent the maximum number of baskets allotted per day per set of buyers 
from being sold in the market.
    (e) Each receiving station operator shall make tobacco accessible to 
the inspector for proper examination including any necessary display in 
adequate light for determination of grade, class, type, or other 
characteristics.

[13 FR 9477, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 28 FR 
6211, June 18, 1963; 67 FR 36081, May 23, 2002]



Sec. 29.75a  Display of burley tobacco on auction warehouse floors in 
designated markets.

    (a)(1) Each lot of burley tobacco displayed for sale on auction 
warehouse floors shall have a minimum space of 24 inches from butts to 
butts between the rows. Distances between lots of tobacco within the row 
shall be no less than 8 inches between immediately adjacent lots.
    (2) The number of bales on a pallet shall not exceed eight. Tobacco 
packed in bales shall have the stems turned toward the aisle.
    (3) Each warehouse operator shall display a plainly visible sign 
showing

[[Page 74]]

the total number of lots of burley tobacco allotted to be sold each day. 
Such sign shall be displayed at the point of lots where the days' sales 
will conclude and no additional tobacco shall be graded beyond that 
point.
    (4) Each warehouse operator shall arrange his entire day's sale in a 
continuous and orderly arrayed sequence of lots and rows of tobacco. Any 
arrangement of tobacco in rows of progressively varying lengths, or any 
deviations from an orderly arrayed sequence of lots and rows of tobacco, 
shall have prior approval of the Set Work Leader or Circuit Supervisor.
    (5) Each warehouse operator shall designate to the Set Work Leader 
or Circuit Supervisor the starting point or lot for each day's sale, and 
counting and grading will begin at this designated point and proceed to 
the closing point of the sale in an orderly sequence. All lot spaces, 
containing or not containing a lot of tobacco, and all lots of tobacco, 
covered or uncovered, shall be counted and included in the daily sales 
allotment. Lots of tobacco shall not be removed, added, rearranged, or 
substituted between the time they are counted for the day's sale and the 
time they are graded for the day's sale, provided, however, that with 
prior approval of the Set Work Leader or Circuit Supervisor compensating 
lots of tobacco may be substituted for empty spaces and covered lots 
included in a daily sales count.
    (6) Each operator of a warehouse at which baled burley tobacco is 
offered for sale shall open the particular bale, in a lot of tobacco, 
chosen by a grader for inspection and reseal that bale after inspection.
    (7) Each seller, by offering burley tobacco for sale, certifies that 
the lot inspected by a grader is representative of the grade of all the 
tobacco in that lot, that the leaf was stalk-cured, that the bales do 
not contain any foreign matter or material, and are not nested.
    (b) Before starting inspection of the day's sale of burley tobacco 
in each warehouse, the Set Work Leader or Circuit Supervisor shall 
determine if there is compliance with the requirements of paragraph (a) 
of this section. If he determines that the prescribed requirements have 
not been followed, the inspector shall proceed to the next sale or sales 
as originally scheduled for that day and grade the number of lots of 
tobacco scheduled for such sale or sales, and shall return to the 
noncomplying warehouse on the next regularly scheduled sales day for 
such warehouse, at which time the Set Work Leader or Circuit Supervisor 
shall again determine if the prescribed system has been followed before 
starting the inspection. If noncompliance or failure to observe 
requirements of paragraph (a) of this section are discovered after 
inspection for the day's sale has started, the inspector shall 
discontinue inspection and proceed to the next sale or sales scheduled 
for that day and shall return to the noncomplying warehouse on the next 
regularly scheduled sales day for such warehouse.
    (c) The provisions of this section shall not preclude the 
application of other administrative remedies or the institution of 
criminal proceedings in appropriate cases as provided by the Act.

[30 FR 12627, Oct. 2, 1965, as amended at 47 FR 51721, Nov. 17, 1982; 56 
FR 31534, July 11, 1991]



Sec. 29.75b  Display of baled flue-cured tobacco on auction warehouse 
floors in designated markets.

    Each lot of baled flue-cured tobacco displayed for sale on auction 
warehouse floors shall have a minimum of 30 inches from side to side 
between rows with the open side of the bale facing the aisles. Distance 
between lots of baled tobacco within the row shall be no less than 18 
inches between immediately adjacent lots.

[65 FR 46086, July 27, 2000]



Sec. 29.75c  Display of tobacco at receiving stations.

    Each lot of tobacco delivered for sale at receiving stations and 
transferred to a conveyor system for unloading shall maintain a distance 
between adjacent lots of not less than 18 inches during the inspection 
process. The platform area used for examination with a conveyor system 
shall be a minimum of 4 x 4 feet. Any lots of tobacco displayed

[[Page 75]]

in a manner other than a conveyor system shall maintain a minimum 
clearance of 18 inches on all sides. If the tobacco is inspected or 
graded by the recipient, it shall be made available for mandatory 
inspection at the same time and location within the receiving station.

[67 FR 36081, May 23, 2002]



Sec. 29.76  Mandatory inspection ticket.

    A mandatory inspection ticket shall consist of a Tobacco Inspection 
Certificate made and issued in combination with an auction warehouse 
ticket in a form approved by the Director.



Sec. 29.77  Warehousemen to provide tickets.

    A mandatory inspection ticket, in the form required by Sec. 29.76 
shall be provided by each auction warehouseman on a designated market to 
cover each lot of tobacco offered for sale at auction by him on such 
market.



Sec. 29.78  Changes or alterations.

    No change or alteration shall be made, in the weight or other 
identification of the lot, on a mandatory inspection ticket after the 
certification of type and grade by an official inspector, and any such 
change or alteration shall constitute and be construed as a change or 
alteration in the certificate issued or authorized under the Act.



Sec. 29.79  Disposition of ticket.

    One copy of the mandatory inspection ticket shall be attached to, or 
placed on, the tobacco certificated as a further identification of the 
lot and all copies of such ticket shall become null and void when such 
identifying copy is removed from the lot. When and as requested by the 
Director, one copy of such ticket, showing (a) the certification of type 
and grade; (b) the weight and other identification; and (c) the details 
of the sale at auction, shall be delivered by the warehouseman to the 
Division or the head inspector of the market.



Sec. 29.80  Announcing grades.

    The grade of each lot of tobacco as certified by an official 
inspector on a designated market shall be clearly announced by the 
warehouseman or his representative at the time the lot is offered in the 
auction: Provided, That the Director may waive the requirement of 
announcing grades in the auction if he finds it impractical for the 
warehouseman to render this service.



Sec. 29.81  Interference with inspectors.

    (a) Auction. (1) No person, including the owner, producer, 
warehouseman, purchaser, agent, or employee thereof shall attempt, in 
any manner, to influence an inspector with respect to the grade 
designation of tobacco, or impede, in any manner, an inspector while the 
inspector is in the process of grading tobacco on the warehouse auction 
floor, or ask any question or discuss any matter pertaining to the 
grading of tobacco while the inspector is grading any tobacco on the 
warehouse auction floor. While inspectors are engaged in grading the 
day's sale, all requests for information concerning the grade 
designation on or requests to review the grade of any lot of tobacco 
shall be made only to the head grader or to the market supervisor 
grader.
    (2) In the event that the head grader or market supervisor grader 
determines that a person has violated any provision of this section, 
inspection ticket(s) if already issued on the lot(s) of unsold tobacco 
involved shall be null and void and no further inspection shall be 
performed on such lot(s) offered for sale by the warehouseman in whose 
premises the violation occurred until the next regularly-scheduled sale 
for such warehouse: Provided, That if violation consists of talking to 
the inspector while he/she is grading the tobacco, a warning shall be 
given on first offense and penalty provisions shall apply on any 
subsequent offense. A reduction in daily sales for any warehouse 
resulting from a violation of this section shall not prevent the maximum 
number of lots or pounds allotted per day per set of buyers from being 
sold in a designated market.
    (b) Other. No person, including the owner, producer, receiving 
station operator, purchaser, agent, or employee thereof shall attempt, 
in any manner, to influence an inspector with respect to the grade 
designation of tobacco, or impede, in any manner, an inspector

[[Page 76]]

while the inspector is in the process of grading tobacco.
    (c) Administrative Remedies. The provisions of this section shall 
not preclude the application of other administrative remedies or the 
institution of criminal proceedings in appropriate cases as provided by 
the Act.

[67 FR 36081, May 23, 2002]

                                 appeal



Sec. 29.90  When appeal may be taken.

    Whenever an interested party believes that a certificate issued or a 
sample prepared under the act is not correct he may file an appeal: 
Provided, That (a) the period for which such certificate was issued or 
sample was prepared, if any specified, has not expired; (b) all tobacco 
covered by such certificate or sample is accessible to an appeal 
inspector for making a proper reinspection, resampling, or reweighing, 
and can be definitely identified by him as the tobacco covered by such 
certificate or sample; and (c) the tobacco has not deteriorated or 
undergone any material change.



Sec. 29.91  How to obtain an appeal.

    An appeal shall be made in writing and filed with the Division or 
the office of inspection for the type of tobacco involved. Such appeal 
shall show:
    (a) The date; (b) the name and post office address of the appellant 
and of the person, if any, making the appeal in his behalf; (c) the 
financial interest of the appellant in the tobacco; (d) the reasons for 
making the appeal; and such other information as may be required by the 
Director. The appeal shall be accompanied by the certificate or sample 
from which the appeal is taken, unless such requirement is waived by the 
Division when it is impracticable for the appellant to furnish such 
certificate. The appeal inspector may require the appellant to furnish 
any other relevant and necessary information for the proper 
consideration of the appeal.



Sec. 29.92  Record of filing time.

    When an appeal is filed, the date and time of filing shall be 
recorded by the officer receiving it.



Sec. 29.93  When appeal may be refused.

    If it shall appear that the reasons stated in an appeal are 
frivolous or unsubstantial or that the act or this subpart have not been 
complied with, the appeal may be denied or dismissed. When an appeal is 
denied or dismissed, the appeal inspector shall (a) notify the appellant 
by telegraph or in writing giving the reason for such denial or 
dismissal; (b) mail a copy of such notification to the Division; and (c) 
return or release to the appellant, or other person designated by him, 
any certificate or sample which was filed with the appeal. All expenses 
incurred in connection with an appeal prior to its refusal or dismissal 
shall be paid by the appellant, as provided in Sec. 29.126.



Sec. 29.94  When appeal may be withdrawn.

    An appeal may be withdrawn by the appellant at any time before an 
appeal certificate is issued or an appeal sample is prepared, upon the 
payment of any expenses incurred in connection with the appeal as 
provided in Sec. 29.126.



Sec. 29.95  Review or second inspection not an appeal.

    A review or investigation made in accordance with Sec. 29.132, or a 
second inspection, sampling, or weighing made upon the request of an 
interested party for the purpose of securing new or later information 
when the correctness of an old certificate or sample is not questioned, 
shall not be considered an appeal.



Sec. 29.96  Order in which made.

    Appeals shall be heard and passed upon, so far as practicable, in 
the order in which they are filed.



Sec. 29.97  Who shall pass upon appeals.

    Appeals shall be passed upon by an appeal inspector designated for 
the purpose by the Director. When authorized, by the Director, two or 
more appeal inspectors may jointly pass upon an appeal. The Division may 
authorize an inspector, supervising inspector, or other person to act as 
an appeal inspector, but no appeal inspector shall pass upon an appeal 
involving the correctness of a certificate issued or sample prepared by 
him.

[[Page 77]]



Sec. 29.98  Appeal findings.

    Immediately after an appeal has been heard and the tobacco involved 
therein has been reexamined, an appeal certificate shall be issued or an 
appeal sample prepared by the appeal inspector. Such certificate or 
sample shall show the finding of the appeal inspector and shall be 
labeled ``Appeal Certificate'' or ``Appeal Sample'', as the case may be, 
over the signature of the appeal inspector. An appeal certificate or 
sample shall supersede all other certificates or samples for the same 
lot of tobacco and shall refer specifically to the certificate or sample 
from which the appeal was made. In all other respects the provisions of 
this subpart relative to certificates or samples shall apply to an 
appeal certificate or sample. The findings of the appeal inspector as 
certificated shall be final, unless the Director shall direct a review 
of such findings.



Sec. 29.99  Superseded certificate or sample.

    When superseded under this subpart by an appeal certificate or an 
appeal sample, such superseded certificate or sample shall become null 
and void and shall not thereafter be used to represent the tobacco 
described therein. If the original and the copies of the old certificate 
were not delivered to the appeal inspector for cancellation, the appeal 
inspector shall notify such persons or firms as he may consider 
necessary to prevent fraudulent use of any such null and void 
certificate.

                   inspectors, samplers, and weighers



Sec. 29.106  Who may be employed, licensed, or authorized.

    Any persons who is not financially interested directly or indirectly 
in merchandising tobacco, except as a grower or except in disposing of 
tobacco previously acquired, and who has demonstrated his competency may 
be employed, licensed, or authorized to inspect, sample, or weigh 
tobacco. Licenses issued by the Secretary shall be countersigned by a 
supervising official of the Division. Licenses to inspect or to sample 
shall specify the type or types of tobacco which the licensee is 
authorized to inspect or sample.



Sec. 29.107  Order of providing service.

    When tobacco is to be inspected, sampled, or weighed upon request, 
such services shall be rendered as far as practicable in the order in 
which applications were received. In conducting mandatory inspection, 
the inspection shall start at the beginning of the ``break'' in the 
auction warehouse where the sale is scheduled to start and the 
inspection shall continue in the order of sale on each warehouse floor 
and from warehouse to warehouse.



Sec. 29.108  Certificate issuance.

    A certificate shall be issued as soon as practicable after any 
tobacco has been inspected or weighed for the purpose of the Act. A 
separate certificate shall be issued for each lot of tobacco inspected 
or weighed, except when a certificate covering two or more lots is 
specifically authorized by the Director. In case of a lost or destroyed 
certificate, a duplicate thereof may be issued under the same number, 
date, and name by an authorized supervising official. Any such duplicate 
certificate shall be plainly marked ``Duplicate'' above the signature of 
the supervising official who issued it.



Sec. 29.109  Inspection determinations.

    The determination of type, grade, size, form, condition, or other 
tobacco characteristics shall be based upon a thorough examination of 
the lot of tobacco to be certificated or an official sample of such lot. 
The certification of a lot of tobacco shall be a true representation of 
the lot, or of the official sample, at the time of inspection.



Sec. 29.110  Method of sampling.

    In sampling tobacco under the Act, at least three breaks shall be 
made at different points in the lot, and in the discretion of the 
sampler as many more breaks shall be made as seem necessary to show the 
range of the entire lot. From the breaks so made tobacco to be used in 
the official sample shall be selected. The official shall, so far as 
practicable, include tobacco of each quality, color, length, and other 
characteristics found in the lot in such proportions as would truly 
represent the lot. In case a lot is found to be damaged,

[[Page 78]]

nested, or in doubtful keeping order, the official sample tag shall be 
so marked. Official sample tags shall be attached to the sample, in a 
manner prescribed by the Director.



Sec. 29.111  Weight determinations.

    Daily before weighing any tobacco for the purposes of the Act, a 
weigher shall verify the accuracy of the scales to be used by him. 
Except as may be otherwise specified by the Director, all weights 
certificated shall be within an accuracy of 1 pound.



Sec. 29.112  Proper light.

    Tobacco shall not be inspected or sampled for the purposes of the 
Act except when displayed in proper light for correct determination of 
grade or other characteristics of tobacco. No tobacco shall be inspected 
or sampled for the purposes of the Act in the direct rays of the sun or 
by any artificial light which does not permit the inspector correctly to 
determine the grade or other characteristics of tobacco.



Sec. 29.113  Suspension and termination.

    The license of an inspector, sampler, or weigher may be suspended, 
pending final action by the Secretary, by any official authorized to 
countersign licenses whenever he considers such action to be for the 
best interest of the service. The designation of an appeal inspector may 
be withdrawn at any time by the Division. Before the license of an 
inspector, sampler, or weigher is terminated or revoked pursuant to the 
Act and the regulations in this subpart, such appointee or licensee 
shall be furnished by the Secretary, or his designated representative, 
with a written statement specifying the charges, and within 7 days after 
his suspension, the licensee may file an appeal in writing with the 
Secretary supported by any evidence he may wish to offer in connection 
therewith.

                            fees and charges



Sec. 29.123  Fees and charges.

    Fees and charges for tobacco inspection and certification service 
shall be collected by the Director to cover, insofar as practicable, all 
costs of the services, including establishment of standards, 
administrative, and supervisory costs, as follows:
    (a) Mandatory inspection. The inspection and certification fee is 
$0.009 per pound. The fee shall be paid by sellers of tobacco and 
assessed against the warehouse or receiving station operator 
irrespective of ownership or interest in the tobacco. When the warehouse 
or receiving station operator pays the Department, it is presumed the 
fee was collected from the seller. Inspection and related services shall 
be suspended or denied if the warehouse or receiving station operator 
fails to pay the fees and charges imposed under this section. The fee 
shall be based on total poundage of tobacco inspected and sold during 
each calendar month. The fee shall be due and payable on the first day 
of the immediately following month and on the day immediately following 
the last sale each marketing year. Mandatory inspection and 
certification services shall take precedence over permissive 
inspections, other than reinspections.
    (b) Domestic permissive inspection and certification. (1) Fees and 
charges for inspection at redrying plants shall comprise the cost of 
salaries, travel, per diem, and related expenses to cover the cost of 
performing the service. Fees shall be for the actual time required to 
render the service calculated to the nearest 30-minute period. The 
hourly rate shall be $47.40 per hour. The overtime rate for service 
performed outside the inspector's regularly scheduled tour of duty shall 
be $53.70 per hour. The rate of $64.45 per hour shall be charged for 
work performed on Sundays and holidays. These same fees shall be 
applicable for hogshead, bale, cases or sample inspections. (2) Fees and 
charges for inspection of tobacco performed at receiving points is $.01 
per pound.
    (c) Export permissive inspection and certification. The inspection 
and certification fee for export tobacco is $.0025 per pound.
    (d) Fees and charges fixed in accordance with this subpart shall be 
paid by the applicant or person obtaining the service in accordance with 
a statement rendered by the Division. A deposit to cover all, or a part 
of, fees and charges

[[Page 79]]

for services to be rendered may be required by the Division. Fees for 
services rendered shall be remitted by check or draft made payable to 
``Agricultural Marketing Service'', United States Department of 
Agriculture.
    (e) Fees for special tests and services will be determined by 
agreement between the Deputy Administrator, Tobacco Programs, and the 
applicant or applicants for service.

[46 FR 62393, Dec. 24, 1981, as amended at 47 FR 27058, June 23, 1982; 
47 FR 51723, Nov. 17, 1982; 50 FR 45805, Nov. 4, 1985; 54 FR 3406, Jan. 
24, 1989; 54 FR 27856, July 3, 1989; 54 FR 47756, Nov. 17, 1989; 56 FR 
31534, July 11, 1991; 56 FR 41921, Aug. 26, 1991; 60 FR 33100, June 27, 
1995; 64 FR 67470, Dec. 2, 1999; 65 FR 34040, May 26, 2000; 65 FR 36782, 
June 12, 2000; 66 FR 28361, May 23, 2001; 67 FR 36081, May 23, 2002]



Sec. 29.124  When application rejected or withdrawn.

    When an application for inspection, sampling, or weighing is 
rejected in accordance with Sec. 29.62, or withdrawn in accordance with 
Sec. 29.63, the applicant may be required to pay a reasonable charge 
for the time used by an inspector, sampler, or weigher, and other 
expenses incurred in connection with such application prior to its 
rejection or withdrawal.



Sec. 29.125  Charge for appeals.

    A charge of $5 shall be made for each appeal filed under Sec. 29.90 
and the fee for an appeal inspection, sampling, or weighing shall equal 
the fee for the original inspection, sampling, or weighing from which 
the appeal is taken, plus any charges for travel or other expenses 
incurred in hearing the appeal: Provided, That when a material error in 
the certificate or sample from which the appeal is taken is found by the 
appeal inspector the charge and fee shall be waived.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 46 FR 
62394, Dec. 24, 1981]



Sec. 29.126  When appeal refused or withdrawn.

    When an appeal is refused in accordance with Sec. 29.93 or 
withdrawn in accordance with Sec. 29.94, the appellant may be required 
to pay a reasonable charge for the time used by the appeal inspector and 
other expenses incurred in connection with such appeal prior to its 
denial, dismissal, or withdrawal.



Sec. 29.127  Demonstrations and courses of instruction.

    Charges, not in excess of the cost thereof, as may be approved by 
the Director, may be made for demonstrations, samples, or courses of 
instruction when such are furnished upon request.

[46 FR 62394, Dec. 24, 1981]



Sec. 29.128  For certificates.

    A charge may be made, in the discretion of the Director, for copies 
of certificates other than those required to be distributed in Sec. 
29.67, and for the issuance of a duplicate certificate in accordance 
with Sec. 29.108.



Sec. 29.129  National Advisory Committee for Inspection Services.

    (a) To assist the Secretary in determining the level of inspection 
and related services and the fees and charges therefore, a National 
Advisory Committee of tobacco producers shall be appointed in accordance 
with the Federal Advisory Committee Act (5 U.S.C. appendix I).
    (b) The committee shall consist of 14 members and 14 alternates. 
There will be a flue-cured subcommittee, a burley subcommittee, and a 
fire and dark air-cured subcommittee.
    (c) Recommendations to the Secretary for membership on the committee 
will be received from the following organizations: One from the Georgia 
Farm Bureau, one from the South Carolina Farm Bureau, one from the 
Virginia Farm Bureau, three from the North Carolina Farm Bureau, two 
from the North Carolina Grange, one from the Tennessee Farm Bureau, 
three from the Kentucky Farm Bureau, one from the Florida, Indiana, 
Missouri, West Virginia, or Maryland Farm Bureau, and one from the 
Wisconsin or Ohio Farm Bureau.
    (d) The committee and/or subcommittees shall meet at the call of the 
Secretary.

[46 FR 62394, Dec. 24, 1981]

[[Page 80]]

                              miscellaneous



Sec. 29.131  [Reserved]



Sec. 29.132  Division investigations.

    An inspector, sampler, or weigher, when authorized by the Division, 
may of his own initiative, or upon the request of an interested party, 
review for the purpose of verification or confirmation any tobacco which 
he has certificated, and any supervising official may review the work of 
any inspector, sampler, or weigher: Provided, That such review shall not 
be made if the ownership of the tobacco involved has changed since the 
date of certification, unless there is intimation or evidence of 
deterioration or of irregularities or fraud in connection with the 
certification or sampling. When such review discloses an error in the 
certification, the inspector, sampler, or weigher concerned, or 
supervising official shall immediately correct the error by making an 
appropriate change in the certificate or by canceling the certificate 
and issuing a new certificate in lieu thereof. Any correction made on a 
certificate shall be initialed by the issuing official or by the 
supervising official. When a new certificate is issued for a lot of 
tobacco, the old certificate and copies thereof shall become null and 
void and shall not thereafter be used to represent the tobacco described 
therein.



Sec. 29.133  Identification number.

    The Director may require the use of official identification numbers 
in connection with tobacco certificated or sampled under the Act. When 
identification numbers are required, they shall be specified by the 
Director, and shall be attached to, or stamped, printed, or stenciled 
on, the lots of tobacco certificated or sampled, in a manner specified 
by the Director.



Sec. 29.400  Inspection, certification, and testing of imported tobacco.

    (a) All tobacco offered for importation into the United States, 
including tobacco entering foreign trade zones, but excluding 
transshipped tobacco, oriental and cigar tobacco, shall be inspected for 
grade and quality. Tobacco subject to inspection shall be inspected at 
the point of entry.
    (b) All flue-cured or burley tobacco, including stems, offered for 
importation into the United States, including tobacco entering foreign 
trade zones, but excluding transshipped tobacco, shall be accompanied by 
a pesticide and end user certification completed by the importer. Any 
flue-cured or burley tobacco that is not certified as being free of 
prohibited pesticide residues shall not be permitted entry into the 
United States until the Secretary has determined that the tobacco meets 
the pesticide residue requirements in these regulations.

[49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986]



Sec. 29.401  Definitions.

    As used in Sec. Sec. 29.400 through 29.500, the words and phrases 
hereinafter defined shall have the following meanings:
    (a) Importation. Arriving within the territorial limits of the 
United States with the intent to unload.
    (b) Importer. The owner of the tobacco at the time of importation or 
the owner's successor in interest if the tobacco is sold prior to the 
completion of the requirements of Sec. Sec. 29.400 through 29.500.
    (c) Inspection certificate. An official written representation of a 
lot of tobacco made by an inspector and issued to an importer.
    (d) Invoice. A writing on behalf of the importer that is used in 
commercial transactions of tobacco for selling, purchasing, shipping, or 
consigning.
    (e) Lot. A unit of shipment of tobacco encompassed by a single 
invoice.
    (f) Package. A hogshead, carton, case, bale, or other securely 
enclosed parcel or bundle.
    (g) Packing list. A document itemizing each package covered by a 
single invoice listing, among other things, the kind of tobacco in each 
package, the net weight, and the marks and numbers identifying each 
package.
    (h) Point of entry. The place at the port of entry or foreign trade 
zone where tobacco is unloaded from a carrier or unpacked from a 
container for the purpose of warehousing, manipulation, or 
manufacturing.
    (i) Port of entry. Any place designated by Executive order of the 
President, by

[[Page 81]]

order of the Secretary of the Treasury, or by Act of Congress, at which 
a customs officer is authorized to accept entries of merchandise, to 
collect duties, and to enforce the various provisions of the Customs and 
Navigation Laws. The term ``port of entry'' incorporates the 
geographical area under the jurisdiction of the port director when such 
port is one other than a district headquarters port.
    (j) Tobacco. Tobacco between the time it is cured and stripped from 
the stalk or primed and cured, in whole leaf or unmanufactured form, and 
the time it is utilized in product manufacturing. Conditioning, 
sweating, stemming, and threshing are not considered manufacturing.
    (k) Transshipped tobacco. Tobacco that arrives within the 
territorial limits of the United States for the purpose of continuous 
transportation without being unloaded for warehousing, manipulation, or 
manufacturing, to a destination outside the territorial limits of the 
United States.
    (l) Unload. To remove from a carrier at the port of entry or at a 
foreign trade zone.
    (m) End user certification. A document issued by the Tobacco 
Division in a form approved by the Director containing a certification 
by the importer or subsequent purchaser to identify any and all end 
users of imported flue-cured or burley tobacco.
    (n) Pesticide. Any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, and any 
substance or mixture of substances intended for use as a plant 
regulator, defoliant, or desiccant.
    (o) Pesticide certification. A document issued by the Tobacco 
Division in a form approved by the Director containing a certification 
by the importer that flue-cured and burley tobacco offered for 
importation does not exceed the maximum allowable residue levels of any 
banned pesticide.
    (p) Prohibited pesticide residue. The maximum concentration of 
residue allowable for a specific pesticide or combination of pesticides 
as set forth in Sec. 29.427.
    (q) Stems. The midribs or large central veins of tobacco leaves.
    (r) Pesticide test sample. An official sample or samples, collected 
from a lot of tobacco by the Secretary of Agriculture for analysis by a 
certified chemist to ascertain the residue levels of banned pesticides.
    (s) Sample Identification Form. A document approved by the Director 
that identifies and accompanies the sample to the testing facility on 
which the test results will be certified by a chemist in charge of 
testing.
    (t) Subsequent purchaser. Any entity that acquires ownership of 
tobacco after importation.
    (u) Testing. The chemical analysis of a pesticide test sample to 
determine levels of pesticide residues.
    (v) End user. A domestic manufacturer of cigarettes or other tobacco 
products; an entity that mixes, blends, processes, alters in any manner, 
or stores imported tobacco for export; or any individual that the 
Secretary may identify as making use of imported tobacco for the 
manufacture of tobacco products.
    (w) Reexported. Any imported tobacco not used to manufacture tobacco 
products that is subsequently exported.
    (x) Blended. Tobacco that is combined or mixed into a uniform 
product.
    (y) Leaves. Whole, undivided tobacco leaves containing lamina and 
stem.
    (z) Strips. The sides (including portions of sides) of tobacco leaf 
from which the stem has been removed or a lot of tobacco composed of 
strips.

[49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986; 54 
FR 24663, June 9, 1989]



Sec. 29.402  Advance notice.

    The importer shall notify, orally or in writing, the Raleigh 
Regional Office, USDA, AMS, Tobacco Division, P.O. Box 27846, Raleigh, 
North Carolina 27611, or the Lexington Regional Office, USDA, AMS, 
Tobacco Division, 333 Waller Avenue, Lexington, Kentucky 40504, of the 
date and location that tobacco subject to inspection under Sec. 29.400 
will be unloaded for warehousing, manipulation, or manufacturing. This 
notice shall be received at the Regional Office at least five

[[Page 82]]

working days prior to unloading the tobacco for warehousing, 
manipulation, or manufacturing.

[49 FR 27468, July 3, 1984]



Sec. 29.403  Accessibility of tobacco.

    All tobacco subject to inspection under Sec. 29.400 shall be made 
accessible by the importer for examination in a manner prescribed by the 
inspector. This includes providing proper lighting, removal of package 
coverings, and such other provisions as the inspector may deem necessary 
for inspection.

[49 FR 27468, July 3, 1984]



Sec. 29.404  Inspection.

    The inspector shall review each lot of tobacco through a process of 
selective sampling in sufficient detail to allow an accurate 
determination of the types and grades contained in each lot.

[49 FR 27468, July 3, 1984]



Sec. 29.405  Inspection by submitted samples.

    The Director, in lieu of onsite inspection, may approve submission 
by the importer of samples where time, geographical distance, or 
availability of inspectors prevent a timely onsite inspection, or where 
tobacco is classified as a ``temporary importation under bond'' as 
defined in 19 CFR 10.31 et seq. The importer shall certify that sampling 
was conducted in accordance with procedures approved by the Director. 
All tobacco inspected by submitted sample is subject to spot-checking at 
the discretion of the Director. Submitted samples shall be disposed of 
in a manner approved by the Director unless return of the sample is 
requested by the importer at the time of submission. Samples will only 
be returned at the importer's expense.

[49 FR 27468, July 13, 1984]



Sec. 29.406  Import inspection certificate.

    An import inspection certificate shall consist of a certificate 
issued by the Tobacco Division in a form approved by the Director. A 
certificate shall be issued to the importer as soon as practicable 
following the completion of inspection. A separate certificate shall be 
issued for each lot of tobacco. In case of a lost or destroyed 
certificate, a duplicate may be issued under the same number, date, and 
name by an authorized official. Duplicate certificates shall be plainly 
marked ``Duplicate'' above the signature of the supervising official who 
issued it.

[49 FR 27468, July 3, 1984]



Sec. 29.407  Disposition of import inspection certificate.

    The inspector shall provide the importer with the original portion 
of the certificate and forward the first copy to the Director and the 
second copy to the appropriate Regional Office. The importer shall 
retain the original inspection certificate until the lot inspected has 
been sold, manufactured into products or exported from the United 
States.

[49 FR 27468, July 3, 1984]



Sec. 29.425  Submission and disposition of pesticide residues and end 
user(s) certification.

    (a) Completion of certification: The importer shall complete a 
pesticide residue and end user(s) certification on a form approved by 
the Director for each lot of flue-cured or burley tobacco, including 
stems, offered for importation. If the importer is unable to identify 
the end user(s) or purchasers at the time of importation, an amended 
certification shall be executed within 30 days or at such time as the 
end user(s) or subsequent purchasers can be identified for any portion 
of the lot. Subsequent purchasers or end users so identified shall also 
complete an end user(s) certification until the tobacco is used in the 
manufacture of tobacco products or is reexported.
    (b) Disposition of copies: The importer shall deliver the original 
and first copy to the inspector at the time the tobacco is inspected 
under the provisions of Sec. Sec. 29.400 through 29.407. Subsequent 
purchasers or end users and importers submitting amended forms shall 
mail the original and first copy to Director, Tobacco Division, AMS, 
USDA, Washington, DC 20250.
    (c) The information collection and recordkeeping requirements 
contained in this section have been approved by the Office of Management 
and Budget

[[Page 83]]

(OMB) under the provisions of 44 U.S.C. chapter 35 and have been 
assigned OMB control number 0581-0056.

[51 FR 30198, Aug. 22, 1986]



Sec. 29.426  Collection of pesticide test samples.

    Any lot of tobacco not certified by the importer as being free of 
prohibited pesticide residues shall be sampled in sufficient detail to 
determine whether the lot conforms with the pesticide residue standards. 
Lots of imported tobacco certified by the importer shall be sampled on a 
random basis and tested to determine whether they conform with the 
pesticide residue standards.

[51 FR 30199, Aug. 22, 1986]



Sec. 29.427  Pesticide residue standards.

    The maximum concentration of residues of the following pesticides 
allowed in flue-cured or burley tobacco, expressed as parts by weight of 
the residue per one million parts by weight of the tobacco (ppm) are:

CHLORDANE........................................................    3.0
DIBROMOCHLOROPROPANE (DBCP)......................................    1.0
DICAMBA (Temporary)..............................................    5.0
ENDRIN...........................................................    0.1
ETHYLENE DIBROMIDE (EDB).........................................    0.1
FORMOTHION.......................................................    0.5
HEXACHLOROBENZENE (HCB)..........................................    0.1
METHOXYCHLOR.....................................................    0.1
TOXAPHENE........................................................    0.3
2,4-D (Temporary)................................................    5.0
2,4,5-T..........................................................    0.1
Sum of ALDRIN and DIELDRIN.......................................    0.1
Sum of CYPERMETHRIN and PERMETHRIN (Temporary)...................    3.0
Sum of DDT, TDE (DDD), and DDE...................................    0.4
Sum of HEPTACHLOR and HEPTACHLOR EPOXIDE.........................    0.1
 


[54 FR 24663, June 9, 1989; 54 FR 27855, July 3, 1989]



Sec. 29.428  Identification of sample for testing.

    Samples of imported tobacco shall be identified by the inspector on 
a form approved by the Director. The original and first two copies shall 
accompany the sample to the designated testing facility. The remaining 
copy of the identification form will be sent to the Director. Upon the 
completion of testing the designated facility will complete the form and 
mail the original and one copy to the Director and retain one copy for 
their records.

[51 FR 30199, Aug. 22, 1986]



Sec. 29.429  Disposition of imported tobacco exceeding pesticide residue 
standards.

    Within 10 days of the receipt of test results from pesticide test 
samples, the Director shall notify the importer or entity responsible 
for the lot of tobacco of the test results. If the test results indicate 
that the lot or any portion of the lot contains prohibited pesticide 
residues, the Director will notify the importer or entity responsible 
for the affected tobacco and the appropriate U.S. Customs officials that 
the tobacco cannot enter the United States. The importer or other entity 
shall notify the Director in writing of the methods by which the tobacco 
will be disposed of and provide 5 days advance notice of time and place 
of final disposition. The Department will monitor the disposition 
procedures to verify that the tobacco has been accurately identified as 
to lot, kind, type, and grade.

[54 FR 24663, June 9, 1989]



Sec. 29.430  Appeals.

    Appeals of test results for imported tobacco must be made in writing 
to the Director within 30 days from the receipt of notification. The 
statement must specify in detail the relief requested. The importer or 
entity requesting the appeal will bear the cost of any subsequent 
sampling and testing. Subsequent samples will be selected only from 
tobacco which is in the original package and from tobacco which has not 
been mixed, blended, or altered in any manner since the initial 
sampling.

[51 FR 30199, Aug. 22, 1986]



Sec. 29.431  Handling of imported tobacco pending test results.

    After an individual shipment of imported flue-cured or burley 
tobacco has been sampled, regardless of whether it is certified as being 
free from prohibited peticide residues, it must be kept in the original 
packages, and not be mixed, blended, manipulated, or altered in any 
manner, or moved, shipped, or transported from the point of entry until 
it has been determined

[[Page 84]]

that the tobacco does not contain prohibited pesticide residues.

[54 FR 24663, June 9, 1989]



Sec. 29.500  Fees and charges for inspection and acceptance of imported 
tobacco.

    (a) The fee for inspection of imported tobacco is $.0099 per 
kilogram and shall be paid by the importer. This inspection fee applies 
to all tobacco imported into the United States except as provided in 
Sec. 29.400. Fees for services rendered shall be remitted by check or 
draft in accordance with a statement issued by the Director, and shall 
be made payable to ``Agricultural Marketing Service.''
    (b) The fee for sampling, accepting, and certification of imported 
flue-cured and burley tobacco for prohibited pesticide residues is 
$.0077 per kilogram and shall be paid by the importer.
    (c) The fee for accepting imported flue-cured and burley tobacco not 
accompanied by a certification that it is free of prohibited pesticide 
residues shall be an additional $.0077 per kilogram. The minimum fee 
assessed pursuant to this paragraph shall be $162.00 per lot. Fees for 
services rendered shall be remitted by check or draft in accordance with 
a statement issued by the Director, and shall be made payable to 
``Agricultural Marketing Service.''

[56 FR 34003, July 25, 1991, as amended at 58 FR 42413, Aug. 9, 1993]



                           Subpart C_Standards

Official Standard Grades for Flue-Cured Tobacco (U.S. Types 11, 12, 13, 
                         14 and Foreign Type 92)

    Authority: 7 U.S.C. 511b, 511m, and 511r.

    Source: 42 FR 21092, Apr. 25, 1977, unless otherwise noted.

                               definitions



Sec. 29.1001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.1002  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of Quality Chart.)



Sec. 29.1003  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec. 29.1004  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower position of the 
stalk normally contain more sand or dirt than those from higher stalk 
positions. (See Rule 4.)



Sec. 29.1005  Color.

    The third factor of a grade based on the relative hues, saturations 
or chromas, and color values common to the type.



Sec. 29.1006  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. (See Elements of Quality Chart.)



Sec. 29.1007  Color symbols.

    As applied to flue-cured tobacco, color symbols are L--lemon, F--
orange, FR--orange red, R--red, V--greenish, K--variegated, KR--
variegated red or scorched, G--green, GR--green red, GK--green 
variegated (may be scorched), GG--gray green, KL--variegated lemon, KF--
variegated orange, KV--variegated greenish, KM--variegated (scorched) 
mixed, KD--variegated dark red, and LL--whitish-lemon.

[48 FR 29670, June 28, 1983]



Sec. 29.1008  Combination symbols.

    A color or group symbol used with another symbol to form the third 
factor of a grademark to denote a particular side or characteristic of 
the tobacco. As applied to flue-cured tobacco, the combination symbols 
are XL--lug side, PO--oxidized primings, XO--oxidized lugs or cutters, 
BO--oxidized leaf or smoking leaf, GL--thin-bodied nondescript, GF--
medium-bodied nondescript, LP--lemon (primings side),

[[Page 85]]

and FP--orange (primings side), KK-excessively scorched.

[48 FR 29671, June 28, 1983, as amended at 51 FR 25027, July 10, 1986]



Sec. 29.1009  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are: Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec. 29.1010  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
fire-kill, sunburn, or sunscald. Any leaf which is crude to the extent 
of 20 percent or more of its surface may be described as crude. (See 
Rule 20.)



Sec. 29.1011  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec. 29.1012  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
21.)



Sec. 29.1013  Dirty.

    The state of tobacco containing moderate to excessive amounts of 
dirt or sand, or tobacco to which additional quantities of dirt or sand 
have been added. (See Rule 24.)



Sec. 29.1014  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched.



Sec. 29.1015  Elements of quality.

    Elements of quality and the degrees used in the specifications of 
the Official Standard Grades for Flue-cured, U.S. Types 11-14, and 
Foreign Type 92 are shown in chart form. Words have been selected to 
describe the degrees of each element.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16755, Apr. 20, 1984]



Sec. 29.1016  Excessively scorched.

    As applied to flue-cured tobacco, the combination symbol ``KK'' when 
used as the third factor of a grademark denotes that a lot contains over 
50 percent of unripe tobacco.

[51 FR 25027, July 10, 1986]



Sec. 29.1017  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1018  Fire-killed.

    Any leaf of which 5 percent or more of its surface has a set green 
color caused by excessive heat in the curing process. Any lot containing 
5 percent or more of such tobacco may be described as fire-killed. (See 
Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1019  Flue-cured.

    Tobacco cured under artificial atmospheric conditions by a process 
of regulating the heat and ventilation without allowing smoke or fumes 
from the fuel to come in contact with the tobacco; or tobacco cured by 
some other process which accomplishes the same results.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1020  Foreign matter.

    Any extraneous substance or material such as straw, strings, rubber 
bands, grass, weeds, or an excessive amount of dirt or sand. (See Rule 
24.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1021  Form.

    The stage or preparation of tobacco such as stemmed or unstemmed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1022  Grade.

    A subdivision of a type according to group, quality, and color.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]

[[Page 86]]



Sec. 29.1023  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3F means Leaf, good quality, orange color.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1024  Green (G).

    A color term applied to immature or crude tobacco. Any leaf which 
has a green color affecting 20 percent or more of its surface may be 
described as green. (See Rule 19.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1025  Greenish (V).

    A color term applied to greenish-tinged tobacco. Any leaf which has 
a greenish tinge or a pale green color affecting 20 percent or more of 
its surface may be described as greenish. (See Rule 18.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1026  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position, body, or 
the general quality of the tobacco. Groups in Flue-cured, U.S. Types 11-
14, and Foreign Type 92 are: Leaf (B), Smoking Leaf (H), Cutters (C), 
Lugs (X), Primings (P) Mixed (M), Nondescript (N), and Scrap (S).

[52 FR 28533, July 31, 1987]



Sec. 29.1027  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state, but which is not 
serious enough to be classified as waste. (See definitions of Damage and 
Waste; see also Rule 14.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1028  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16755, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1029  Leaf scrap.

    A byproduct of stemmed and unstemmed tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1030  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
Elements of Quality Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1031  Lemon (L).

    Yellow.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1032  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. Length, as an element of quality, does not 
apply to tobacco in strip form.

[42 FR 21092, Apr. 25, 1977. Redesignated and amended at 49 FR 16755, 
Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1033  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1034  Maturity.

    The degree of ripeness. (See Elements of Quality Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]

[[Page 87]]



Sec. 29.1035  Mixed color (KM).

    Distinctly different colors of the type mingled together. (See Rule 
16.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1036  Mixed Group (M).

    This group consists of tobacco from three or more groups or two 
distinctly different groups which are mixed together in various 
combinations.

[49 FR 16755, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1037  Nested.

    Any lot of Types 11-14 tobacco which has been loaded, packed or 
arranged to conceal tobacco of inferior grade, quality or condition. 
Nested includes: (a) Any lot of tobacco which contains injured or other 
inferior tobacco, any of which cannot be readily detected upon 
inspection because of the way the lot is packed or arranged; (b) Any lot 
of tobacco which consists of distinctly different grades, qualities or 
conditions and which is stacked or arranged with the same kinds together 
so that the tobacco in the lower portions of the lot is distinctly 
inferior in grade, quality or condition from the tobacco in the top 
portion of the lot.

[52 FR 28534, July 31, 1987]



Sec. 29.1038  No-G.

    A designation applied to a lot of tobacco which is offtype, 
semicured, fire-killed, smoked, oxidized over 10 percent, or has an odor 
foreign to the type. (See Rule 23.)

[47 FR 51721, Nov. 17, 1982. Redesignated at 48 FR 29671, June 28, 1983, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec. 29.1039  No-G-F.

    A designation applied to a lot of tobacco that contains stalks, 
suckers, or foreign matter. (See Rule 24.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 48 FR 29671, June 28, 1983, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec. 29.1040  No-G-Nested.

    A designation applied to a lot of Types 11-14 tobacco which is 
classified as nested. (See Rule 27.)

[47 FR 51721, Nov. 17, 1982. Redesignated at 48 FR 29671, June 28, 1983. 
Redesignated and amended at 49 FR 16756, Apr. 20, 1984, and further 
redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1041  Oil.

    A soft, semifluid constituent of tobacco. (See Elements of Quality 
Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1042  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Flue-cured, U.S. Types 11-14 or Foreign Type 92. (See Rule 
23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]



Sec. 29.1043  Orange (F).

    A reddish yellow.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1044  Orange Red (FR).

    A yellowish red.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1045  Order (case).

    The state of tobacco with respect to its moisture content.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1046  Oxidized (O).

    A term applied to tobacco that has deteriorated and turned black 
during the curing process. Any leaf of which 10 percent or more of its 
surface has been blackened during the curing process may be described as 
oxidized. Oxidized

[[Page 88]]

tobacco is also known as barn scald or barn rot. (See Rules 23 and 25.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1047  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1048  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspecting. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1049  Papery.

    A term used to describe thin-bodied, oilless tobacco usually 
associated with whitish-lemon color.

[51 FR 25027, July 10, 1986; 51 FR 28687, Aug. 11, 1986]



Sec. 29.1050  Prematurity.

    A condition of growth and development characteristic of the lower 
leaves of the tobacco plant. Premature leaves have some appearance of 
ripeness due to a process of starvation caused by translocation of plant 
food elements from these leaves to other leaves higher on the stalk.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1051  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1052  Raw.

    Tobacco as it appears between the time of harvesting and the 
beginning of the curing process.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1053  Red (R).

    A brownish red.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1054  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
swelled stems, frozen tobacco, frozen stems, or stems that have not been 
thoroughly dried in the curing process. (See Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1055  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1056  Slick.

    A term used to denote tobacco having a close or tight leaf 
structure. Any leaf of lemon or orange color of which 20 percent or more 
of its surface is close or tight may be described as slick. (See Rule 
17.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]

[[Page 89]]



Sec. 29.1057  Smoked.

    Any tobacco affected by smoke or fumes in the curing process. (See 
Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1058  Sound.

    Free of damage.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1059  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but which has a peculiar side or characteristic which 
tends to modify the grade. (See Rules 10, 21, 22, 26, 28, 29, and 30.)

[60 FR 36027, July 13, 1995, as amended at 65 FR 46086, July 27, 2000]



Sec. 29.1060  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1061  Stem.

    The midrib or large central vein of a tobacco leaf.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1062  Stemmed.

    A form of tobacco, including strips or strip scrap, from which the 
stems or midribs have been removed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1063  Strips.

    The sides of a tobacco leaf from which the stem has been removed 
from a lot of tobacco composed of strips.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1064  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition sometimes is described as aged.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1065  Sweating.

    The condition of tobacco in the process of fermentation.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1066  Symbol (S).

    As applied to Flue-cured tobacco the symbol (S) when used (a) as the 
third factor of a grademark, denotes slick, unripe tobacco in lemon or 
orange color, and (b) when used preceding a grademark, denotes tobacco 
in strip form. (See Rules 17 and 28.)

[49 FR 16756, Apr. 20, 1984. Redesignated at 49 FR 16756, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec. 29.1067  Tobacco.

    Tobacco as it appears between the time it is primed and cured, and 
the time it enters into the different manufacturing processes. The acts 
of stemming, threshing, sweating, and conditioning are not regarded as 
manufacturing processes. Tobacco, as used in these standards, does not 
include manufactured or semi-manufactured products, stems, cuttings, 
clippings, trimmings, siftings, or dust.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]

[[Page 90]]



Sec. 29.1068  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1069  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1070  Type 11.

    That type of flue-cured tobacco commonly known as Western Flue-cured 
or Old Belt and Middle Belt Flue-cured, produced principally in the 
Piedmont sections of Virginia and North Carolina and the district 
extending eastward to the coastal plains region. That portion of this 
type known as Old Belt Flue-cured, normally characterized by a heavier 
body and darker color shade and produced principally in the Piedmont 
sections of Virginia and North Carolina, may be classified as Type 11a; 
and that portion of the type known as Middle Belt Flue-cured, normally 
characterized by a thinner body and lighter color shade and produced 
principally in a section lying between the Piedmont and coastal plains 
regions of Virginia and North Carolina, may be classified as Type 11b.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1071  Type 12.

    That type of flue-cured tobacco commonly known as Eastern Flue-cured 
or Eastern Carolina Flue-cured, produced principally in the coastal 
plains section of North Carolina, north of the South River.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1072  Type 13.

    That type of flue-cured tobacco commonly known as Southeastern Flue-
cured or South Carolina Flue-cured, produced principally in the coastal 
plains section of South Carolina and the southeastern counties of North 
Carolina, south of the South River.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1073  Type 14.

    That type of flue-cured tobacco commonly known as Southern Flue-
cured, produced principally in the southern section of Georgia, in 
northern Florida, and to some extent in Alabama.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1074  Type 92.

    That type of flue-cured tobacco commonly known as Foreign-grown 
Flue-cured, produced in countries other than the United States.

[49 FR 16756, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec. 29.1075  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1076  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 13.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]

[[Page 91]]



Sec. 29.1077  Unsound (U).

    Damaged. (See Rule 21.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1078  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1079  Variegated (K).

    Any tobacco that does not blend with the normal colors of the types; 
any leaf of which 20 percent or more of its surface is grayish, mottled, 
bleached, doty-faced, scalded, or sunbaked. (See Rule 15.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec. 29.1080  Variegated dark red (KD).

    A dark brownish-red discoloration which usually results from 
excessive sunbaking during the growing process or from storing cured 
tobacco over extended periods of time. Any leaf of which 20 percent or 
more of its surface is dark brownish-red may be described as variegated 
dark red.

[48 FR 29671, June 28, 1983. Redesignated at 49 FR 16756, Apr. 20, 1984 
and 51 FR 25027, July 10, 1986]



Sec. 29.1081  Variegated red or scorched (KR).

    A red discoloration which usually results from excessive heat in the 
curing process. Any leaf of which 20 percent or more of its surface has 
been reddened in the curing process may be described as variegated red 
or scorched. (See Rule 16.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec. 29.1082  Waste.

    The portion or portions of the web of tobacco leaves which have been 
lost or rendered less serviceable for use in tobacco products, 
including:
    (a) Portions which have decomposed or largely decomposed by field 
diseases and field-firing, pole-burning, bulk-burning; (b) portions 
which are dead, lifeless, and do not have sufficient strength or 
stability to hold together in the normal manufacturing process due to 
excessive injury of any kind.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec. 29.1083  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec. 29.1084  Whitish-lemon (LL).

    A whitish-yellow color which usually results during wet growing 
seasons when rain leaches or washes out the yellow color from the leaf. 
Any leaf of which 20 percent or more of its leaf surface has whitish-
yellow color may be described as whitish-lemon.

[48 FR 29671, June 28, 1983. Redesignated at 49 FR 16756, Apr. 20, 1984 
and 51 FR 25027, July 10, 1986]



Sec. 29.1085  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See Elements of Quality Chart.)

--------------------------------------------------------------------------------------------------------------------------------------------------------
              Elements                                                                      Degrees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maturity...........................  Immature..............  Unripe................  Mature...............  Ripe.................  Mellow.
Leaf structure.....................  Tight.................  Close.................  Firm.................  Open.................
Body...............................  Heavy.................  Fleshy................  Medium...............  Thin.................

[[Page 92]]

 
Oil................................  Lean..................  Oily..................  Rich.................
Color intensity....................  Pale..................  Weak..................  Moderate.............  Strong...............  Deep.
Width..............................  Stringy...............  Narrow................  Normal...............  Spready..............
Length.............................  ......................  (\1\ )................  (\1\ )...............  (\1\ )...............
Uniformity.........................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
Injury tolerance...................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
Waste tolerance....................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentage.


[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]

                           elements of quality



Sec. 29.1101  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with group.

                                  rules



Sec. 29.1106  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec. 29.1107  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec. 29.1108  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec. 29.1109  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler, except for baled tobacco that is 
not opened for inspection (see Rule 30). Tobacco shall be drawn from at 
least three breaks from which a representative sample shall be selected. 
The sample shall include tobacco of each different group, quality, 
color, length, and kind found in the lot in proportion to the quantities 
of each contained in the lot.

[65 FR 46086, July 27, 2000]



Sec. 29.1110  Rule 4.

    All standard grades must be clean unless otherwise noted by a 
special factor.



Sec. 29.1111  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec. 29.1112  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec. 29.1113  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between

[[Page 93]]

two grades shall be placed in the lower grade.



Sec. 29.1114  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.1115  Rule 9.

    The use of any grade may be restricted by the Director during any 
marketing season when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec. 29.1116  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]



Sec. 29.1117  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Marketing Programs Branch and approved by the Director.



Sec. 29.1118  Rule 12.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec. 29.1119  Rule 13.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. (These percentages shall not affect 
limitations established by other rules.) The minor portion must be 
closely related, but may be of a different group, quality, and color 
from the major portion.



Sec. 29.1120  Rule 14.

    The application of injury tolerance as an element of quality shall 
be expressed in terms of a percentage. The appraisal of injury shall be 
based upon the percentage of affected leaf surface or the degree of 
injury. In appraising injury, consideration shall be given to the normal 
characteristics of the group as related to injury.



Sec. 29.1121  Rule 15.

    Any lot of tobacco containing 20 percent or more of variegated 
tobacco other than variegated red or scorched shall be described as 
variegated and designated by the color symbol ``K,'' ``KL,'' ``KF,'' 
``KD,'' or ``KV.''

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983]



Sec. 29.1122  Rule 16.

    Any lot of ripe tobacco which contains 20 percent or more of 
variegated red or scorched tobacco shall be designated by the color 
symbol ``KR.'' Any lot of unripe tobacco which is under 20 percent 
greenish or green but which contains 20 percent or more of scorched 
tobacco, or any lot of tobacco which contains 20 percent or more of a 
color distinctly different from the major color shall be classified as 
mixed color and designated by the color symbol ``KM''. Any lot of unripe 
tobacco in the C, or B groups which is under 20 percent greenish or 
green but which contains 50 percent or more of scorched tobacco shall be 
classified as excessively scorched and designated by the combination 
symbol ``KK''.

[42 FR 21092, Apr. 25, 1977, as amended at 51 FR 25028, July 10, 1986]



Sec. 29.1123  Rule 17.

    Any lot of lemon, or orange colored tobacco containing over 20 
percent of slick tobacco shall be designated by the symbol ``S'' in the 
X, C, or B groups.



Sec. 29.1124  Rule 18.

    Any lot of mature tobacco in lemon or orange color containing 20 
percent or more of greenish tobacco, or any lot which is not green but 
which contains 20 percent or more of greenish and green tobacco combined 
shall be designated by the color symbol ``V.''



Sec. 29.1125  Rule 19.

    Any lot of tobacco containing 20 percent or more of green tobacco, 
or any

[[Page 94]]

lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbols ``G,'' ``GR,'' 
``GK,'' ``GG,'' or the combination symbols ``GL,'' or ``GF.''



Sec. 29.1126  Rule 20.

    Crude tobacco shall not be included in any grade of any color except 
green, green red, green variegated, gray green, or the combination 
symbols ``GL,'' or ``GF'' in the nondescript group. Any lot containing 
20 percent or more of crude tobacco shall be classified as nondescript.



Sec. 29.1127  Rule 21.

    Damaged tobacco which otherwise meets the specifications of a grade 
shall be treated as a special factor grade by placing the special factor 
``U'' after the grademark.



Sec. 29.1128  Rule 22.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
special factor grade by placing the special factor ``W'' after the 
grademark.



Sec. 29.1129  Rule 23.

    Tobacco shall be designated by the grademark ``No-G,'' when it is 
offtype, semicured, fire-killed, smoked, oxidized over 10 percent, has 
an odor foreign to the type, or is packed in bales which are not 
approximately 42 inches wide x 42 inches high x 40 inches long.

[65 FR 46086, July 27, 2000]



Sec. 29.1130  Rule 24.

    Tobacco shall be designated by the grademark, ``No-G-F,'' when it 
contains stalks, suckers, or foreign matter such as straw, strings, 
rubber bands, grass, weeds, or an excessive amount of dirt or sand.



Sec. 29.1131  Rule 25.

    Any lot of tobacco containing 10 percent or less of oxidized 
tobacco, except as provided in rule 12, shall be designated by the 
combination symbols ``PO,'' ``XO,'' or ``BO.'' Crude or green tobacco 
containing 10 percent or less of oxidized shall be grade ``N2.''



Sec. 29.1132  Rule 26.

    Tobacco that contains a moderate amount of dirt or sand, but which 
otherwise meets the specifications of any Primings grade, including the 
first quality Nondescript from the Primings group, shall be designated 
by placing the special factor, ``dirt'' or ``sand'' after the grademark.



Sec. 29.1133  Rule 27.

    Tobacco in Types 11-14 shall be designated by the grademark ``No-G-
Nested'' when it is nested.

[47 FR 51721, Nov. 17, 1982, as amended at 49 FR 16756, Apr. 20, 1984]



Sec. 29.1134  Rule 28.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a special factor grade by placing the special 
factor ``S'' preceding the grademark.

[49 FR 16756, Apr. 20, 1984]



Sec. 29.1135  Rule 29.

    Any lot of tobacco containing 25 percent or more of an adjacent 
group, which otherwise meets the specifications of a grade shall be 
treated as a special factor grade by placing the special factor ``M'' 
preceding the grademark.

[60 FR 36028, July 13, 1995]



Sec. 29.1136  Rule 30.

    Any lot of baled tobacco that is not opened for inspection but which 
otherwise meets the specifications of a grade shall be graded by the 
exterior only.

[65 FR 46086, July 27, 2000]

                                 grades



Sec. 29.1161  [Reserved]



Sec. 29.1162  Leaf (B Group).

    This group consists of leaves normally grown at or above the 
midportion of the stalk. Leaves of the B group have a pointed tip, tend 
to fold, usually are heavier in body than the other groups, and show 
little or no ground injury.
    Grades, Grade Names, Minimum Specifications, and Tolerances
B1L--Choice Quality Lemon Leaf

[[Page 95]]

    Ripe, firm leaf structure, medium body, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2L--Fine Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3L--Good Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, oily, strong color 
intensity, normal width, 16 inches or over in length. Uniformity, 80 
percent; injury tolerance, 15 percent.
B4L--Fair Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, only, moderate color 
intensity, normal width. Uniformity, 70 percent; injury tolerance 20 
percent, of which not over 5 percent may be waste.
B5L--Low Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6L--Poor Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B1F--Choice Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2F--Fine Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3F--Good Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, oily, strong color intensity, 
normal width, 16 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
B4F--Fair Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, oily, moderate color intensity, 
normal width. Uniformity, 70 percent; injury tolerance 20 percent, of 
which not over 5 percent may be waste.
B5F--Low Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6F--Poor Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B1FR--Choice Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2FR--Fine Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3FR--Good Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, oily, strong color intensity, 
normal width, 16 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
B4FR--Fair Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, oily, moderate color intensity, 
normal width. Uniformity, 70 percent; injury tolerance 20 percent, of 
which not over 5 percent may be waste.
B5FR--Low Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6FR--Poor Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B5R--Low Quality Red Leaf
    Ripe, firm leaf structure, heavy, lean in oil, weak color intensity, 
narrow. Uniformity, 70 percent; injury tolerance 30 percent, of which 
not over 10 percent may be waste.
B3K--Good Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, oily, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4K--Fair Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5K--Low Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, narrow. Uniformity, 
70 percent; injury tolerance 30 percent, of which not over 10 percent 
may be waste.
B6K--Poor Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, stringy. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.
B3KR--Good Quality Variegated Red or Scorched Leaf
    Ripe, firm leaf structure, fleshy, oily, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance 15 percent.
B4KR--Fair Quality Variegated Red or Scorched Leaf

[[Page 96]]

    Ripe, firm leaf structure, fleshy, lean in oil, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5KR--Low Quality Variegated Red or Scorched Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, narrow. Uniformity, 
70 percent; injury tolerance 30 percent, of which not over 10 percent 
may be waste.
B3V--Good Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, oily, normal width, 16 inches 
or over in length. Uniformity, 80 percent; injury tolerance 15 percent.
B4V--Fair Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, oily, normal width. Uniformity, 
70 percent; injury tolerance 20 percent, of which not over 5 percent may 
be waste.
B5V--Low Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B3KL--Good Quality Variegated Lemon Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KL--Fair Quality Variegated Lemon Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent of which not over 5 percent may be 
waste.
B5KL--Low Quality Variegated Lemon Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KL--Poor Quality Variegated Lemon Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KF--Good Quality Variegated Orange Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KF--Fair Quality Variegated Orange Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KF--Low Quality Variegated Orange Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KF--Poor Quality Variegated Orange Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KD--Good Quality Variegated Dark Red Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches (40.6 
cm) or over in length. Uniformity, 80 percent; injury tolerance, 15 
percent.
B4KD--Quality Variegated Dark Red Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KD--Low Quality Variegated Dark Red Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KD--Poor Quality Variegated Dark Red Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KM--Good Quality Variegated Mixed Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KM--Fair Quality Variegated Mixed Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KM--Low Quality Variegated Mixed Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KM--Poor Quality Variegated Mixed Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KK Good Quality Excessively Scorched Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches (40.6 
cm) or over in length. Uniformity, 80 percent; injury tolerance, 15 
percent.
B4KK Fair Quality Excessively Scorched Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KK Low Quality Excessively Scorched Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KK Poor Quality Excessively Scorched Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B4KV--Fair Quality Variegated Greenish Leaf

[[Page 97]]

    Unripe, firm leaf structure, medium body, normal width. Uniformity, 
70 percent; tolerance, 25 percent waste.
B5KV--Low Quality Variegated Greenish Leaf
    Unripe, firm leaf structure, medium body, narrow. Uniformity, 70 
percent; tolerance, 30 percent waste.
B6KV--Poor Quality Variegated Greenish Leaf
    Unripe, firm leaf structure, medium body, stringy. Uniformity, 70 
percent; tolerance, 40 percent waste.
B3S--Good Quality Slick Leaf
    Unripe, close leaf structure, fleshy, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4S--Fair Quality Slick Leaf
    Unripe, close leaf structure, fleshy, normal width. Uniformity, 70 
percent; injury tolerance, 20 percent, of which not over 5 percent may 
be waste.
B5S--Low Quality Slick Leaf
    Unripe, tight leaf structure, fleshy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
B4G--Fair Quality Green Leaf
    Immature, close leaf structure, fleshy, oily, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5G--Low Quality Green Leaf
    Immature, tight leaf structure, fleshy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B6G--Poor Quality Green Leaf
    Immature, tight leaf structure, fleshy, lean in oil, stringy. 
Uniformity, 70 percent; injury tolerance 40 percent, of which not over 
20 percent may be waste.
B5GR--Low Quality Green Red Leaf
    Immature, tight leaf structure, heavy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B4GK--Fair Quality Green Variegated Leaf
    Immature, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5GK--Low Quality Green Variegated Leaf
    Immature, tight leaf structure, heavy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
B6GK--Poor Quality Green Variegated Leaf
    Immature, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B5GG--Low Quality Gray Green Leaf
    Immature, tight leaf structure, heavy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec. 29.1163  Smoking Leaf (H Group).

    This group consists of leaves normally grown at or above the 
midportion of the stalk. Leaves of the H group show a high degree of 
maturity, more open leaf structure in relation to the B Group, and a 
material amount of injury characteristic of very ripe leaf tobacco.
    Grades, Grade Names, Minimum Specifications, and Tolerances
H3F--Good Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, strong color 
intensity, normal width, 16 inches or over in length. Uniformity, 80 
percent; injury tolerance, 15 percent.
H4F--Fair Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, moderate 
color intensity, normal width. Uniformity, 70 percent; injury tolerance 
20 percent, of which not over 5 percent may be waste.
H5F--Low Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6F--Poor Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
H4FR--Fair Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, fleshy, lean in oil, moderate color 
intensity, normal width. Uniformity, 70 percent; injury tolerance 20 
percent, of which not over 5 percent may be waste.
H5FR--Low Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6FR--Poor Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
H4K--Fair Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, moderate 
color intensity, normal

[[Page 98]]

width. Uniformity, 70 percent; injury tolerance 20 percent, of which not 
over 5 percent may be waste.
H5K--Low Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6K--Poor Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec. 29.1164  Cutters (C Group).

    This group consists of leaves normally grown at or just below the 
midportion of the stalk. Leaves of the C group have a tendency to roll 
concealing the stem or midrib. Cutters usually have a rounded tip, are 
thin to medium in body, and show some ground injury.
    Grades, Grade Names, Minimum Specifications, and Tolerances
C1L--Choice Quality Lemon Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 90 percent, injury 
tolerance, 5 percent.
C2L--Fine Quality Lemon Cutters
    Ripe, open leaf structure, thin, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 85 percent; injury 
tolerance, 10 percent.
C3L--Good Quality Lemon Cutters
    Ripe, open leaf structure, thin, oily, strong color intensity, 
spready, 18 inches or over in length. Uniformity, 80 percent; injury 
tolerance, 15 percent.
C4L--Fair Quality Lemon Cutters
    Ripe, open leaf structure, thin, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C5L--Low Quality Lemon Cutters
    Ripe, open leaf structure, thin, lean in oil, weak color intensity, 
normal width, 16 inches or over in length. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
C4LL--Fair Quality Whitish-Lemon Cutters
    Unripe, firm leaf structure, thin (papery), lean in oil, normal 
width, 16 inches or over in length. Uniformity, 70 percent; injury 
tolerance 20 percent, of which not over 5 percent may be waste.
C5LL Low Quality Whitish-Lemon Cutters
    Unripe, firm leaf structure, thin (papery), lean in oil, normal 
width, 16 inches (40.6 cm) or over in length. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
C5LP--Low Quality Lemon Cutters (Primings Side)
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
C1F--Choice Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 90 percent; injury 
tolerance, 5 percent.
C2F--Fine Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 85 percent; injury 
tolerance, 10 percent.
C3F--Good Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, strong color 
intensity, spready, 18 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
C4F--Fair Quality Orange Cutters
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C5F--Low Quality Orange Cutters
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
C5FP--Low Quality Orange Cutters (Primings Side)
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity, normal width, 16 inches or over length. 
Uniformity, 70 percent; injury tolerance 30 percent, or which not over 
10 percent may be waste.
C4KR--Fair Quality Variegated Red or Scorched Cutters
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C4V--Fair Quality Greenish Cutters
    Mature, open leaf structure, medium body, lean in oil, normal width, 
16 inches or over in length. Uniformity, 70 percent; injury tolerance 20 
percent, of which not over 5 percent may be waste.
C4KL--Fair Quality Variegated Lemon Cutters

[[Page 99]]

    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KF--Fair Quality Variegated Orange Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KM--Fair Quality Variegated Mixed Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KK Fair Quality Excessively Scorched Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
(40.6 cm) or over in length. Uniformity, 70 percent; injury tolerance, 
20 percent, of which not over 5 percent may be waste.
C4S--Fair Quality Slick Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4G--Fair Quality Green Cutters
    Immature, close leaf structure, medium body, lean in oil, normal 
width, 16 inches or over in length. Uniformity, 70 percent; injury 
tolerance 20 percent, of which not over 5 percent may be waste.
C4GK--Fair Quality Green Variegated Cutters
    Immature, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec. 29.1165  Lugs (X Group).

    This group consists of leaves normally grown near the bottom of the 
stalk. Leaves of the X group usually have a blunt tip and open face; 
they show some ground injury characteristic of the group.
    Grades, Grade Names, Minimum Specifications, and Tolerances
X1L--Choice Quality Lemon Lugs
    Ripe, open leaf structure, thin, oily, strong color intensity. 
Uniformity, 80 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
X2L--Fine Quality Lemon Lugs
    Ripe, open leaf structure, thin, oily, strong color intensity. 
Uniformity, 75 percent; injury tolerance 25 percent, of which not over 
10 percent may be waste.
X3L--Good Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, moderate color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4L--Fair Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, weak color intensity. 
Uniformity, 70 percent; tolerance, 30 percent waste.
X5L--Low Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, pale color intensity. 
Uniformity, 70 percent; tolerance, 40 percent waste.
X3LL Good Quality Whitish-Lemon Lugs
    Unripe, firm leaf structure, thin (papery), lean in oil. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.
X4LL--Fair Quality Whitish-Lemon Lugs
    Unripe, firm leaf structure, thin (papery), lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X1F--Choice Quality Orange Lugs
    Ripe, open leaf structure, medium body, oily, strong color 
intensity. Uniformity, 80 percent; injury tolerance 20 percent, of which 
not over 5 percent may be waste.
X2F--Fine Quality Orange Lugs
    Ripe, open leaf structure, medium body, oily, strong color 
intensity. Uniformity, 75 percent; injury tolerance 25 percent, of which 
not over 10 percent may be waste.
X3F--Good Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4F--Fair Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.
X5F--Low Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 40 percent waste.
X3KR--Good Quality Variegated Red or Scorched Lugs
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity. Uniformity, 70 percent, injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4KR--Fair Quality Variegated Red or Scorched Lugs
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.
X3V--Good Quality Greenish Lugs
    Mature, open leaf structure, medium body, lean in oil. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.

[[Page 100]]

X4V--Fair Quality Greenish Lugs
    Mature, open leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X4KL--Fair Quality Variegated Lemon Lugs
    Unripe, close leaf structure, thin. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4KF--Fair Quality Variegated Orange Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4KV--Fair Quality Variegated Greenish Lugs
    Unripe, firm leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X3KM--Good Quality Variegated Mixed Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
injury tolerance 40 percent, of which not over 20 percent may be waste.
X4KM--Fair Quality Variegated Mixed Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X3S--Good Quality Slick Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
injury tolerance 40 percent, of which not over 20 percent may be waste.
X4S--Fair Quality Slick Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4G--Fair Quality Green Lugs
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X5G--Low Quality Green Lugs
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 40 percent waste.
X4GK--Fair Quality Green Variegated Lugs
    Immature, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec. 29.1166  Primings (P Group).

    This group consists of round-tipped leaves from the lowest portion 
of the stalk. Leaves of the P group ripen prematurely as a result of 
starvation and show a material amount of injury characteristic of leaves 
grown close to the ground.
    Grades, Grade Names, Minimum Specifications, and Tolerances
P2L--Fine Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, oily, moderate color 
intensity. Uniformity, 75 percent; injury tolerance 25 percent, of which 
not over 10 percent may be waste.
P3L--Good Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, weak color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
P4L--Fair Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.
P5L--Low Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 40 percent waste.
P2F--Fine Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, oily, moderate 
color intensity. Uniformity, 75 percent; injury tolerance 25 percent, of 
which not over 10 percent may be waste.
P3F--Good Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
weak color intensity. Uniformity, 70 percent; injury tolerance 40 
percent, of which not over 20 percent may be waste.
P4F--Fair Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity. Uniformity, 70 percent; tolerance, 30 percent 
waste.
P5F--Low Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity. Uniformity, 70 percent; tolerance, 40 percent 
waste.
P4G--Fair Quality Green Primings
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
P5G--Low Quality Green Primings
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 40 percent waste.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]



Sec. 29.1167  Mixed (M Group).

    This group consists of tobacco from three or more groups or two 
distinctly different groups which are mixed together in various 
combinations.
    Grades, Grade Names, Minimum Specifications, and Tolerances
M4F--Fair Quality Mixed Groups
    Ripe, firm leaf structure, heavy, lean in oil. Injury tolerance 30 
percent, of which not over 10 percent may be waste.
M5F--Low Quality Mixed Groups
    Ripe, firm leaf structure, heavy, lean in oil. Injury tolerance 40 
percent, of which not over 20 percent may be waste.

[[Page 101]]

M4KR--Fair Quality Variegated Red or Scorched Mixed Groups
    Ripe, firm leaf structure, fleshy, lean in oil. Injury tolerance 30 
percent, of which not over 10 percent may be waste.
M4KM--Fair Quality Variegated Mixed Groups
    Unripe, close leaf structure, heavy. Injury tolerance 30 percent, of 
which not over 10 percent may be waste.
M5KM--Low Quality Variegated Mixed Groups
    Unripe, tight leaf structure, heavy. Injury tolerance 40 percent, of 
which not over 20 percent may be waste.
M4GK--Fair Quality Green Variegated Mixed Groups
    Immature, close leaf structure, heavy. Injury tolerance 30 percent, 
of which not over 10 percent may be waste.
M5GK--Low Quality Green Variegated Mixed Groups
    Immature, tight leaf structure, heavy. Injury tolerance, 40 percent, 
of which not over 20 percent may be waste.

[49 FR 16756, Apr. 20, 1984]



Sec. 29.1168  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except Scrap.

       Grades, Grade Names, Minimum Specifications, and Tolerances

N1L--
    Best Nondescript from the P Group
    Tolerance: 50 percent waste.
N1XL--
    Best Nondescript from the X Group
    Tolerance: 50 percent waste.
N1K--
    Best Nondescript from the B or H Groups
    Tolerance: 50 percent injury or waste.
N1R--
    Best, Heavy, Dark-colored Nondescript from the B Group
    Tolerance: 50 percent injury or waste.
N1KV--
    Best, Variegated, Medium-bodied Greenish Nondescript from the B 
Group
    Tolerance: 50 percent waste.
N1GL--
    Best, Thin, Crude Green Nondescript from the P or X Groups
    Tolerance: 50 percent crude or waste.
N1GF--
    Best, Fleshy, Medium-colored, Crude Green Nondescript from the B 
Group
    Tolerance: 50 percent crude, injury or waste.
N1GR--
    Best, Heavy, Dark-colored, Crude Green Nondescript from the B Group
    Tolerance: 50 percent crude, injury or waste.
N1GG--
    Best, Crude, Gray Green Nondescript from the B Group
    Tolerance: 50 percent crude, injury or waste.
N1PO--
    Oxidized Tobacco from the P Group
    Tolerance: 50 percent waste.
N1XO--
    Oxidized Tobacco from the X or C Groups
    Tolerance: 50 percent waste.
N1BO--
    Oxidized Tobacco from the B or H Groups
    Tolerance: 50 percent injury or waste.
N2--
    Poorest Nondescript of any Group or Color
    Tolerance: Over 50 percent crude, injury or waste.
    Pursuant to Rule 25, this grade also includes crude or green tobacco 
containing 10 percent or less of oxidized.

[54 FR 7926, Feb. 24, 1989]



Sec. 29.1169  Scrap (S Group).

    A byproduct of stemmed and unstemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.
    Grade, Grade Name and Specifications
S--Scrap. Loose, whole, or broken unstemmed leaves; or the web portion 
of tobacco leaves reduced to scrap by any process.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]

                       summary of standard grades



Sec. 29.1181  Summary of standard grades.

                            23 Grades of Leaf
 
 
------------------------------------------------------------------------
B1L            B1F            B1FR
B2L            B2F            B2FR
B3L            B3F            B3FR           .............  B3K
B4L            B4F            B4FR           .............  B4K
B5L            B5F            B5FR           B5R            B5K
B6L            B6F            B6FR           .............  B6K
------------------------------------------------------------------------


                        10 Grades of Smoking Leaf
 
 
------------------------------------------------------------------------
                   H3F                ................  ................
                   H4F                H4FR              H4K
                   H5F                H5FR              H5K
                   H6F                H6FR              H6K
------------------------------------------------------------------------


                          10 Grades of Cutters
 
 
------------------------------------------------------------------------
C1L                                  C1F
C2L                                  C2F
C3L                                  C3F
C4L                                  C4F

[[Page 102]]

 
C5L                                  C5F
------------------------------------------------------------------------


                            10 Grades of Lugs
 
 
------------------------------------------------------------------------
X1L                                  X1F
X2L                                  X2F
X3L                                  X3F
X4L                                  X4F
X5L                                  X5F
------------------------------------------------------------------------


                          8 Grades of Primings
 
 
------------------------------------------------------------------------
P2L                                  P2F
P3L                                  P3F
P4L                                  P4F
P5L                                  P5F
------------------------------------------------------------------------


                          6 Grades of Greenish
 
 
------------------------------------------------------------------------
B3V                      .......................  X3V
B4V                      C4V                      X4V
B5V
------------------------------------------------------------------------


                                             20 Grades of Variegated
 
 
----------------------------------------------------------------------------------------------------------------
B3KL         B3KF         B3KD
B4KL         B4KF         B4KD         B4KV         C4KL         C4KF         X4KL        X4KF        X4KV
B5KL         B5KF         B5KD         B5KV
B6KL         B6KF         B6KD         B6KV
----------------------------------------------------------------------------------------------------------------


                             7 Mixed Grades
 
 
------------------------------------------------------------------------
M4F                M4KR               M4KM              M4GK
M5F                .................  M5KM              M5GK
------------------------------------------------------------------------


                                               15 Grades of Green
 
 
----------------------------------------------------------------------------------------------------------------
B4G          ...........  B4GK         ...........  C4G          C4GK         X4G         X4GK        P4G
B5G          B5GR         B5GK         B5GG         ...........  ...........  X5G         ..........  P5G
B6G          ...........  B6GK
----------------------------------------------------------------------------------------------------------------


                      7 Grades of Variegated Mixed
 
 
------------------------------------------------------------------------
B3KM                        .........................  X3KM
B4KM                        C4KM                       X4KM
B5KM                        .........................  .................
B6KM                        .........................  .................
------------------------------------------------------------------------


                 6 Grades of Variegated Red or Scorched
 
 
------------------------------------------------------------------------
B3KR                        .........................  X3KR
B4KR                        C4KR                       X4KR
B5KR                        .........................  .................
------------------------------------------------------------------------


                    5 Grades of Excessively Scorched
 
 
------------------------------------------------------------------------
                                     B3KK
                                     B4KK
                                     B5KK
                                     B6KK
                                     C4KK
------------------------------------------------------------------------


                            6 Grades of Slick
 
 
------------------------------------------------------------------------
B3S                         .........................  X3S
B4S                         C4S                        X4S
B5S                         .........................  .................
------------------------------------------------------------------------


                        4 Grades of Whitish-Lemon
 
 
------------------------------------------------------------------------
X3LL                                 C4LL
X4LL                                 C5LL
------------------------------------------------------------------------


                   2 Grades of Cutters (Primings Side)
 
 
------------------------------------------------------------------------
C5LP                                 C5FP
------------------------------------------------------------------------


                        13 Grades of Nondescript
 
 
------------------------------------------------------------------------
N1L                         N1KV                       N1GG
N1XL                        N1GL                       N1PO
N1K                         N1GF                       N1XO
N1R                         N1GR                       N1BO
                            .........................  N2
------------------------------------------------------------------------


                            1 Grade of Scrap
                            S                          .................
------------------------------------------------------------------------

    Special factors ``U'' (unsound), ``W'' (doubtful-keeping order), 
``S'' (strip), and ``M'' (mixed) may be applied to all grades. The 
special factors ``dirt'' or ``sand'' may be applied to any grade in the 
Primings group, including first quality Nondescript from the Primings 
group. Tobacco not covered by the standard grades is designated ``No-
G,'' ``No-G-F,'' or ``No-G-Nested.''

[48 FR 29671, June 28, 1983, as amended at 49 FR 16756, Apr. 20, 1984; 
51 FR 25028, July 10, 1986; 52 FR 28534, July 31, 1987; 60 FR 36028, 
July 13, 1995]

                       key to standard grademarks



Sec. 29.1225  Key to standard grademarks.

                                 Groups

    B--Leaf. H--Smoking Leaf. C--Cutters. X--Lugs. P--Primings. M--Mixed 
Group. N--Nondescript. S--Scrap.

[[Page 103]]

                                Qualities

    1--Choice. 2--Fine. 3--Good. 4--Fair. 5--Low. 6--Poor.

                              Color Symbols

    L--Lemon. LL--Whitish-lemon. F--Orange. FR--Orange red. R--Red. K--
Variegated. KR--Variegated red or scorched. G--Green. V--Greenish. GR--
Green red. GK--Green variegated. GG--Gray green. KL--Variegated lemon. 
KF--Variegated orange. KV--Variegated greenish. KM--Variegated mixed. 
KD--Variegated dark red. LL--Whitish-lemon.

                           Combination Symbols

    XL--Lug side. PO--Oxidized primings, XO--Oxidized lugs or cutters. 
BO--Oxidized leaf or smoking leaf. GL--Thin-bodied nondescript. GF--
Medium-bodied nondescript. LP--Lemon (primings side). FP--Orange 
(primings side). KK--Excessively scorched.

                             Special Symbol

    S--Slick.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29672, June 28, 1983; 
49 FR 16757, Apr. 20, 1984; 51 FR 25028, July 10, 1986; 52 FR 28534, 
July 31, 1987]

 Official Standard Grades for Virginia Fire-Cured Tobacco (U.S. Type 21)

    Authority: Sections 29.2251 to 29.2481, issued under 7 U.S.C. 511m 
and 511r.

    Source: Sections 29.2251 through 29.2481 appear at 37 FR 13521, July 
11, 1972, unless otherwise noted.

                               definitions



Sec. 29.2251  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.2252  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec. 29.2253  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart, Sec. 29.2351.)



Sec. 29.2254  Brown colors.

    A group of colors ranging from a reddish brown to yellowish brown. 
These colors vary from low to medium saturation and from very low to 
medium brilliance. As used in these standards, the range is expressed as 
light brown (L), medium brown (F), and dark brown (D).



Sec. 29.2255  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec. 29.2256  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec. 29.2395.)



Sec. 29.2257  Color.

    The third factor of a grade based on the relative hues, saturation 
or chroma, and color values common to the type.



Sec. 29.2258  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to brown colors. (See chart, Sec. 
29.2351.)



Sec. 29.2259  Color symbols.

    As applied to this type, color symbols are: L--light brown, F--
medium brown, D--dark brown, M--mixed or variegated, G--green, GL--light 
green, and GD--dark green.

[45 FR 47115, July 14, 1980]



Sec. 29.2260  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec. 29.2261  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
fire-kill, sunburn, or sunscald. Any leaf which is crude to the extent 
of 20 percent or

[[Page 104]]

more of its surface may be described as crude. (See Rule 19, Sec. 
29.2410.)



Sec. 29.2262  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec. 29.2263  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
20, Sec. 29.2411.)



Sec. 29.2264  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 22, Sec. 29.2413.)



Sec. 29.2265  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart, Sec. 29.2351.)



Sec. 29.2266  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec. 29.2351.



Sec. 29.2267  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is called the midrib or stem. The smaller lateral and cross veins 
are considered from the standpoint of size and color.



Sec. 29.2268  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See chart, Sec. 
29.2351.)



Sec. 29.2269  Fire-cured.

    Tobacco cured under artificial atmospheric conditions by the use of 
open fires from which the smoke and fumes of burning wood are partly 
absorbed by the tobacco.



Sec. 29.2270  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, and abnormal amounts of dirt or sand. (See Rule 
22, Sec. 29.2413.)



Sec. 29.2271  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec. 29.2272  Grade.

    A subdivision of a type according to group, quality, and color.



Sec. 29.2273  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, good quality, and dark-brown color.



Sec. 29.2274  Green (G).

    A term applied to green-colored tobacco. Any leaf which has a green 
color affecting 20 percent or more of its surface may be described as 
green. (See Rule 18, Sec. 29.2409.)



Sec. 29.2275  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are usually related to stalk position, 
body, or the general quality of the tobacco. Groups in this type are 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).



Sec. 29.2276  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See Rule 16, Sec. 
29.2407.)



Sec. 29.2277  Leaf scrap.

    A byproduct of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of tangled whole or broken leaves.



Sec. 29.2278  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
chart, Sec. 29.2351.)

[[Page 105]]



Sec. 29.2279  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.



Sec. 29.2280  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.



Sec. 29.2281  Maturity.

    The degree of ripeness. (See chart, Sec. 29.2351.)



Sec. 29.2282  Mixed color or variegated (M).

    Distinctly different colors of the type mingled together, or any 
leaf of which 20 percent or more of its surface is off brown, grayish, 
mottled, or bleached and does not blend with the normal colors of the 
type or group. (See Rule 17, Sec. 29.2408.)



Sec. 29.2283  Nested.

    Any tobacco which has been loaded, packed, or arranged to conceal 
foreign matter or tobacco of inferior grade, quality, or condition. (See 
Rule 22, Sec. 29.2413.)



Sec. 29.2284  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, semicured, or premature primings; tobacco that is 
damaged 20 percent or more, abnormally dirty, extremely wet or watered, 
contains foreign matter, or has an odor foreign to the type. (See Rule 
22, Sec. 29.2413.)



Sec. 29.2285  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Fire-cured, U.S. Type 21. (See Rule 22, Sec. 29.2413.)



Sec. 29.2286  Oil.

    A soft, semifluid constituent of tobacco. (See chart, Sec. 
29.2351.)



Sec. 29.2287  Order (case).

    The state of tobacco with respect to its moisture content.



Sec. 29.2288  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec. 29.2289  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.



Sec. 29.2290  Premature primings.

    Ground leaves harvested before reaching complete growth and 
development. These leaves lack body and strength. (See Rule 22, Sec. 
29.2413.)



Sec. 29.2291  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.



Sec. 29.2292  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.



Sec. 29.2293  Rework.

    Any lot of tobacco which needs to be resorted or otherwise reworked 
to prepare it properly for market, including: (a) Tobacco which is so 
mixed that it cannot be classified properly in any grade of the type, 
because the lot contains a substantial quantity of two or more 
distinctly different grades which should be separated by sorting; (b) 
tobacco which contains an abnormally large quantity of foreign matter or 
an unusual number of muddy or extremely dirty leaves which should be 
removed; and (c) tobacco not packed straight or otherwise not properly 
prepared for market. (See Rule 22, Sec. 29.2413.)

[[Page 106]]



Sec. 29.2294  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, or stems that have not been thoroughly dried 
in the curing process. (See Rule 22, Sec. 29.2413.)



Sec. 29.2295  Semifired (SF).

    Tobacco that is partially or lightly smoked or has not received the 
amount of smoke that is characteristic of fire-cured tobacco.

[51 FR 40406, Nov. 7, 1986]



Sec. 29.2296  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar 
characteristics of tobacco.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2297  Size.

    The length of tobacco leaves. (See chart, Sec. 29.2371.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2298  Sound.

    Free of damage.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2299  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 10, Sec. 29.2401.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2300  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2301  Stem.

    The midrib or large central vein of a tobacco leaf.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2302  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2303  Strength.

    The stress a tobacco leaf can bear without tearing. (See chart, 
Sec. 29.2351.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2304  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2305  Subgrade.

    Any grade modified by a special factor symbol.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2306  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2307  Sweating.

    The condition of tobacco in the process of fermentation.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2308  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, sweating, and 
conditioning are

[[Page 107]]

not regarded as manufacturing processes. Tobacco, as used in these 
standards, does not include manufactured or semimanufactured products, 
stems, cuttings, clippings, trimmings, siftings, or dust.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2309  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2310  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2311  Type 21.

    That type of fire-cured tobacco, known as Virginia Fire-cured or 
Dark-fired, produced principally in the Piedmont and mountain sections 
of Virginia.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2312  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2313  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 15, Sec. 29.2406.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2314  Unsound (U).

    Damaged under 20 percent. (See Rule 20, Sec. 29.2411.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2315  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2316  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 21, Sec. 29.2412.) (For extremely wet or 
watered tobacco, see Rule 22, Sec. 29.2413.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2317  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. (See chart, Sec. 29.2351.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]

                           elements of quality



Sec. 29.2351  Elements of quality and degrees of each element.

    Tobacco attributes or characteristics which constitute quality are 
designated as elements of quality. The range within each element is 
expressed by words or terms designated as degrees. These degrees are 
arranged to show their relative value and are used in determining the 
quality of tobacco. The actual value of each degree varies with group.

----------------------------------------------------------------------------------------------------------------
               Elements                                                 Degrees
----------------------------------------------------------------------------------------------------------------
Body.................................  Thin...................  Medium.................  Heavy.
Maturity.............................  Immature...............  Mature.................  Ripe.
Leaf structure.......................  Close..................  Firm...................  Open.
Oil..................................  Lean...................  Oily...................  Rich.
Elasticity...........................  Inelastic..............  Semielastic............  Elastic.
Strength.............................  Weak...................  Normal.................  Strong.
Finish...............................  Dull...................  Clear..................  Bright.
Color Intensity......................  Pale...................  Moderate...............  Deep.

[[Page 108]]

 
Width................................  Narrow.................  Normal.................  Spready Broad.
----------------------------------------------------------------------------------------------------------------
Uniformity. Expressed in percentages.
Injury tolerance. Expressed in percentages.

                                  sizes



Sec. 29.2371  Standard sizes.\1\

------------------------------------------------------------------------
                             Inches                                Size
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40406, Nov. 7, 1986]

                                  rules



Sec. 29.2391  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec. 29.2392  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec. 29.2393  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec. 29.2394  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, two or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least two breaks from which a representative sample shall be selected.



Sec. 29.2395  Rule 4.

    All standard grades must be clean.



Sec. 29.2396  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec. 29.2397  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec. 29.2398  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec. 29.2399  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.2400  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over 1 
percent of the tobacco shall be overlooked.



Sec. 29.2401  Rule 10.

    Any special factor symbol approved by the Director of the Tobacco 
Division, Agricultural Marketing Service, may be used after a grademark 
to show a peculiar side or characteristic of the tobacco which tends to 
modify the grade.



Sec. 29.2402  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards and Testing Branch and approved by the Director.



Sec. 29.2403  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found

[[Page 109]]

that the grade is not needed or appears in insufficient volume to 
justify its use.



Sec. 29.2404  Rule 13.

    Length shall be stated in connection with each grade of the A, B and 
C groups and may be stated in connection with the grades of other 
groups. The standard tobacco sizes shall be used.

[51 FR 40406, Nov. 7, 1986]



Sec. 29.2405  Rule 14.

    The standard tobacco size 2 shall be used to designate X group 
tobacco of M or G color when such tobacco is 20 inches or over in 
length.

[51 FR 40406, Nov. 7, 1986]



Sec. 29.2406  Rule 15.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade. The minor portion must be closely related but may be of a 
different group, quality, and color from the major portion. Specified 
percentages of uniformity shall not affect limitations established by 
other rules.



Sec. 29.2407  Rule 16.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury. In appraising injury, consideration shall be given 
to the normal characteristics of the group.



Sec. 29.2408  Rule 17.

    Any lot of tobacco of the B, C, or X groups containing over 30 
percent of mixed color or variegated leaves or over 30 percent of mixed 
color and variegated leaves combined shall be classified as ``mixed'' 
and designated by the color symbol ``M.''



Sec. 29.2409  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbols ``G'', ``GL'', 
or ``GD''.

[45 FR 47115, July 14, 1980]



Sec. 29.2410  Rule 19.

    Crude leaves shall not be included in any grade of any color except 
green, light green, or dark green. Any lot containing 20 percent or more 
of crude leaves shall be designated nondescript.

[45 FR 47115, July 14, 1980]



Sec. 29.2411  Rule 20.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec. 29.2412  Rule 21.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec. 29.2413  Rule 22.

    Tobacco shall be designated No Grade, using the grademark ``No-G,'' 
when it is classified as dirty, nested, offtype, semicured, premature 
primings, damaged 20 percent or more, extremely wet or watered or when 
it needs to be reworked, contains foreign matter, or has an odor foreign 
to type.



Sec. 29.2414  Rule 23.

    Tobacco that is semifired but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``SF'' after the grademark. This factor does not apply to 
tobacco designated ``No-G''.

[51 FR 40406, Nov. 7, 1986]

                                 grades



Sec. 29.2436  Wrappers (A Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. Cured leaves of the A group show a low percentage 
of injury affecting wrapper yield. Wrappers are high in

[[Page 110]]

oil, very elastic, and have a smooth leaf surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
A1F.......................................  Choice Medium-brown
                                             Wrappers.
                                             Medium body, ripe, firm,
                                             rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
A2F.......................................  Fine Medium-brown Wrappers.
                                             Medium body, ripe, firm,
                                             rich in oil, elastic,
                                             strong, clear finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
A1D.......................................  Choice Dark-brown Wrappers.
                                             Heavy, ripe, firm, rich in
                                             oil, elastic, strong,
                                             bright finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
A2D.......................................  Fine Dark-brown Wrappers.
                                             Heavy, ripe, firm, rich in
                                             oil, elastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
------------------------------------------------------------------------



Sec. 29.2437  Heavy Leaf (B Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. These leaves have a pointed tip, tend to fold, are 
heavier in body than those of the X or C groups, and show no ground 
injury. Choice- and fine-quality leaves of this group have a 
distinctive, smooth leaf surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
B1F.......................................  Choice Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semi-elastic, strong,
                                             bright finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2F.......................................  Fine Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semi-elastic, strong,
                                             clear finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3F.......................................  Good Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4F.......................................  Fair Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull-finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5F.......................................  Low Medium-brown Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B1D.......................................  Choice Dark-brown Heavy
                                             Leaf.
                                             Heavy, ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, spready, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2D.......................................  Fine Dark-brown Heavy Leaf.
                                             Heavy, ripe, firm, oily,
                                             semi elastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3D.......................................  Good Dark-brown Heavy Leaf.
                                             Heavy, mature, firm, oily,
                                             semi-elastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4D.......................................  Fair Dark-brown Heavy Leaf.
                                             Heavy, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5D.......................................  Low Dark-brown Heavy Leaf.
                                             Heavy, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3M.......................................  Good Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength and width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5M.......................................  Low Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3G.......................................  Good Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4G.......................................  Fair Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5G.......................................  Low Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------



Sec. 29.2438  Thin Leaf (C Group).

    This group consists of leaves usually grown at the center portion of 
the stalk. These leaves normally have a rounded tip, are thinner in body 
than those of the B group, and show little or no ground injury. Choice- 
and fine-quality tobacco of this group has a distinctive, smooth leaf 
surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
C1L.......................................  Choice Light-brown Thin
                                             Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
                                            Fine Light-brown Thin Leaf.

[[Page 111]]

 
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
                                            Good Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4L.......................................  Fair Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
                                            Low Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
                                            Choice Medium-brown Thin
                                             Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
C2F.......................................  Fine Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C3F.......................................  Good Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4F.......................................  Fair Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5F.......................................  Low Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C2D.......................................  Fine Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C3D.......................................  Good Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, lean in oil,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4D.......................................  Fair Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5D.......................................  Low Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength and width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4M.......................................  Fair Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5M.......................................  Low Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3G.......................................  Good Green Thin Leaf.
                                             Thin to medium body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4G.......................................  Fair Green Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
C5G.......................................  Low Green Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------



Sec. 29.2439  Lugs (X Group).

    This group consists of leaves that normally grow near the bottom of 
the stalk. These leaves usually have a blunt tip, tend to roll, and show 
ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
X1L.......................................  Choice Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2L.......................................  Fine Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3L.......................................  Good Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             open, lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Light-brown Lugs.
                                             Thin to medium body, mature
                                             open, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5L.......................................  Low Light-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1F.......................................  Choice Medium-brown Lugs.
                                             Medium body, ripe, firm to
                                             open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2F.......................................  Fine Medium-brown Lugs.
                                             Medium body, ripe, firm to
                                             open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3F.......................................  Good Medium-brown Lugs.

[[Page 112]]

 
                                             Medium body, ripe, open,
                                             lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1D.......................................  Choice Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2D.......................................  Fine Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3D.......................................  Good Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             open, lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4D.......................................  Fair Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5D.......................................  Low Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3M.......................................  Good Mixed Color Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             normal strength, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4M.......................................  Fair Mixed Color Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5M.......................................  Low Mixed Color Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3G.......................................  Good Green Lugs.
                                             Medium to heavy body,
                                             mature, firm, lean in oil,
                                             normal strength, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4G.......................................  Fair Green Lugs.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------



Sec. 29.2440  (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except scrap.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
N1L.......................................  First quality light colored
                                             nondescript, thin to medium
                                             body and 50 percent injury
                                             tolerance.
N1D.......................................  First quality dark colored
                                             nondescript, medium to
                                             heavy body and 50 percent
                                             injury tolerance.
N1GL......................................  First quality light colored
                                             crude green nondescript,
                                             thin to medium body and 50
                                             percent crude leaves or
                                             injury tolerance.
N1GD......................................  First quality dark colored
                                             crude green nondescript,
                                             medium to heavy body and 50
                                             percent crude leaves or
                                             injury tolerance.
N2........................................  Substandard Nondescript--
                                             Nondescript of any group or
                                             color, over 50 percent
                                             crude leaves or injury
                                             tolerance.
------------------------------------------------------------------------


[45 FR 47115, July 14, 1980]



Sec. 29.2441  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
                                                   Grade name and
                U.S. grade                         specifications
------------------------------------------------------------------------
S.........................................  Scrap. Tangled, whole, or
                                             broken unstemmed leaves, or
                                             the web portions of tobacco
                                             leaves reduced to scrap by
                                             any process.
------------------------------------------------------------------------

                       summary of standard grades



Sec. 29.2461  Summary of standard grades.

                          4 Grades of wrappers
A1F            A2F            A1D            A2D
 
                         20 Grades of thin leaf
 
C1L            C1F            .............  .............  ............
C2L            C2F            C2D            .............  ............
C3L            C3F            C3D            C3M            C3G
C4L            C4F            C4D            C4M            C4G
C5L            C5F            C5D            C5M            C5G
 
                         5 Grades of nondescript
 
N1L            N1D            N1GL           N1GD           ............
N2             .............  .............  .............
 
                         16 Grades of heavy leaf
 
B1F            B1D            .............  .............  ............
B2F            B2D            .............  .............  ............
B3F            B3D            B3M            B3G            ............
B4F            B4D            B4M            B4G            ............
B5F            B5D            B5M            B5G
 
                            21 Grades of lugs
 
X1L            X1F            X1D            .............  ............
X2L            X2F            X2D            .............  ............
X3L            X3F            X3D            X3M            X3G
X4L            X4F            X4D            X4M            X4G
X5L            X5F            X5D            X5M            X5G
 
                            1 Grade of scrap
                                    S
 

    Special factors ``U'', ``W'' and ``SF'' may be applied to all 
grades. Tobacco not covered by the standard grades is designated ``No-
G.''

[[Page 113]]

                       Standard sizes applicable.

A1, A2........................................................      2, 3
B1............................................................      2, 3
B2, B3, B4, B5................................................   1, 2, 3
C1............................................................      2, 3
C2, C3, C4, C5................................................   1, 2, 3
X3, X4, X5, M and G \1\.......................................         2
 
\1\ No size is applied to these grades if tobacco is under size 2.


[45 FR 44293, July 1, 1980, as amended at 51 FR 40406, Nov. 7, 1986]

                       key to standard grademarks



Sec. 29.2481  Key to standard grademarks.

                                 Groups

A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.
4--Fair.
5--Low.

                                 Colors

L--Light brown.
F--Medium brown.
D--Dark brown.
M--Mixed or variegated.
G--Green.
GL--Light green.
GD--Dark green.

[45 FR 44293, July 1, 1980]

   Official Standard Grades for Kentucky and Tennessee Fire-Cured and 
 Foreign-Grown Fire-Cured Tobacco (U.S. Types 22, 23, and Foreign Type 
                                   96)

    Source: Sections 29.2501 to 29.2696 appear at 37 FR 13626, July 12, 
1972, unless otherwise noted.

                               definitions



Sec. 29.2501  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.2502  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec. 29.2503  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart, Sec. 29.2601.)



Sec. 29.2504  Brown colors.

    A group of colors ranging from a reddish brown to yellowish brown. 
These colors vary from low to medium saturation and from very low to 
medium brilliance. As used in these standards, the range is expressed as 
light brown (L), medium brown (F), and dark brown (D).



Sec. 29.2505  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec. 29.2506  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec. 29.2620.)



Sec. 29.2507  Color.

    The third factor of a grade based on the relative hues, saturation 
or chroma, and color values common to the type.



Sec. 29.2508  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to brown colors. (See chart, Sec. 
29.2601.)



Sec. 29.2509  Color symbols.

    As applied to these types, color symbols are L--light brown, F--
medium brown, D--dark brown, M--mixed or variegated VF--greenish medium 
brown, and G--green.



Sec. 29.2510  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words

[[Page 114]]

used to describe the condition of tobacco are undried, air-dried, steam-
dried, sweating, sweated, and aged.



Sec. 29.2511  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
firekill, sunburn, or sunscald. Any leaf which is crude to the extent of 
20 percent or more of its surface may be described as crude. (See Rule 
19, Sec. 29.2635.)



Sec. 29.2512  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec. 29.2513  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
20, Sec. 29.2636.)



Sec. 29.2514  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 22, Sec. 29.2638.)



Sec. 29.2515  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart, Sec. 29.2601.)



Sec. 29.2516  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec. 29.2601.



Sec. 29.2517  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is called the midrib or stem. The smaller lateral and cross veins 
are considered from the standpoint of size and color.



Sec. 29.2518  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See chart, Sec. 
29.2601.)



Sec. 29.2519  Fire-cured.

    Tobacco cured under artificial atmospheric conditions by the use of 
open fires from which the smoke and fumes of burning wood are partly 
absorbed by the tobacco.



Sec. 29.2520  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, and abnormal amounts of dirt or sand. (See Rule 
22, Sec. 29.2638.)



Sec. 29.2521  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec. 29.2522  Grade.

    A subdivision of a type according to group, quality, and color.



Sec. 29.2523  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, good quality, and dark-brown color.



Sec. 29.2524  Green (G).

    A term applied to green-colored tobacco. Any leaf which has a green 
color affecting 20 percent or more of its surface may be described as 
green. (See Rule 18, Sec. 29.2634.)



Sec. 29.2525  Greenish.

    A term applied to greenish-tinged tobacco. Any leaf which has a 
greenish tinge or a pale green color affecting 20 percent or more of its 
surface may be described as greenish. (See Rule 17, Sec. 29.2633.)



Sec. 29.2526  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are usually related to stalk position, 
body, or the general quality of the tobacco. Groups in these types are 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).

[[Page 115]]



Sec. 29.2527  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See Rule 15, Sec. 
29.2631.)



Sec. 29.2528  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16757, Apr. 20, 1984]



Sec. 29.2529  Leaf scrap.

    A byproduct of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2530  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
chart, Sec. 29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2531  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2532  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2533  Maturity.

    The degree of ripeness. (See chart, Sec. 29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2534  Mixed color or variegated (M).

    Distinctly different colors of the type mingled together, or any 
leaf of which 20 percent or more of its surface is off brown, grayish, 
mottled, or bleached and does not blend with the normal colors of the 
type or group. (See Rule 16, Sec. 29.2632.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2535  Nested.

    Any lots of Types 22 and 23 tobacco which has been loaded, packed, 
or arranged to conceal foreign matter or tobacco of inferior grade, 
quality, or condition. (See Rule 22, Sec. 29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec. 29.2536  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, or semicured; tobacco that is damaged 20 percent or 
more, abnormally dirty, extremely wet or watered, contains foreign 
matter, or has an odor foreign to the type. (See Rule 22, Sec. 
29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2537  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Fire-cured, U.S. Types 22, 23, or Foreign Type 96. (See 
Rule 22, Sec. 29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec. 29.2538  Oil.

    A soft, semifluid constituent of tobacco. (See chart, Sec. 
29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2539  Order (case).

    The state of tobacco with respect to its moisture content.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2540  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 116]]



Sec. 29.2541  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2542  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2543  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2544  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2545  Rework.

    Any lot of Types 22 and 23 tobacco which needs to be resorted or 
otherwise reworked to prepare it properly for market, including: (a) 
Tobacco which is so mixed that it cannot be classified properly in any 
grade of the type, because the lot contains a substantial quantity of 
two or more distinctly different grades which should be separated by 
sorting; (b) tobacco which contains an abnormally large quantity of 
foreign matter or an unusual number of muddy or extremely dirty leaves 
which should be removed; and (c) tobacco not packed straight or 
otherwise not properly prepared for market. (See Rule 22, Sec. 
29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec. 29.2546  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. (See Rule 22, Sec. 29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2547  Semifired (SF).

    Tobacco that is partially or lightly smoked or has not received the 
amount of smoke that is characteristic of fire-cured tobacco.

[51 FR 40406, Nov. 7, 1986]



Sec. 29.2548  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2549  Size.

    The length of tobacco leaves. Size does not apply to tobacco in 
strip form. (See chart, Sec. 29.2606.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984 and further redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2550  Sound.

    Free of damage.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2551  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 10, Sec. 29.2626.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]

[[Page 117]]



Sec. 29.2552  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2553  Stem.

    The midrib or large central vein of a tobacco leaf.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2554  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2555  Strength.

    The stress a tobacco leaf can bear without tearing. (See chart, 
Sec. 29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2556  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2557  Subgrade.

    Any grade modified by a special factor symbol.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2558  Sweated.

    The condition of tobacco, which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2559  Sweating.

    The condition of tobacco in the process of fermentation.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2560  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing, 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cutting, clippings, trimmings, 
siftings, or dust.

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984, and further redesignated 51 FR 40406, Nov. 7, 1986]



Sec. 29.2561  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2562  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2563  Type 22.

    That type of Fire-cured tobacco, known as Eastern District Fire-
cured, produced principally in a section east of the Tennessee River in 
southern Kentucky and northern Tennessee.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]

[[Page 118]]



Sec. 29.2564  Type 23.

    That type of Fire-cured tobacco, known as Western District Fire-
cured or Dark-fired, produced principally in a section west of the 
Tennessee River in Kentucky and extending into Tennessee.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2565  Type 96.

    That type of fire-cured tobacco known as Foreign-grown Fire-cured 
produced in countries other than the United States.

[49 FR 16757, Apr. 20, 1984. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec. 29.2566  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2567  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 14, Sec. 29.2630.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2568  Unsound (U).

    Damaged under 20 percent. (See Rule 20, Sec. 29.2636.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2569  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2570  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 21, Sec. 29.2637.) (For extremely wet or 
watered tobacco, see rule 22, Sec. 29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec. 29.2571  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See chart, Sec. 29.2601.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984 and further redesignated at 51 FR 40406, Nov. 7, 1986]

                           elements of quality



Sec. 29.2601  Elements of quality and degrees of each element.

    Tobacco attributes or characteristics which constitute quality are 
designated as elements of quality. The range within each element is 
expressed by words or terms designated as degrees. These degrees are 
arranged to show their relative value and are used in determining the 
quality of tobacco. The actual value of each degree varies with group.

----------------------------------------------------------------------------------------------------------------
               Elements                                                 Degrees
----------------------------------------------------------------------------------------------------------------
Body.................................  Thin...................  Medium.................  Heavy.
Maturity.............................  Immature...............  Mature.................  Ripe.
Leaf structure.......................  Close..................  Firm...................  Open.
Oil..................................  Lean...................  Oily...................  Rich.
Elasticity...........................  Inelastic..............  Semielastic............  Elastic.
Strength.............................  Weak...................  Normal.................  Strong.
Finish...............................  Dull...................  Clear..................  Bright.
Color intensity......................  Pale...................  Moderate...............  Deep.
Width................................  Narrow.................  Normal.................  Spready.
 Uniformity......Expressed in percentages.......................................................................
 Injury tolerance...Expressed in percentages....................................................................
----------------------------------------------------------------------------------------------------------------

                                  Sizes



Sec. 29.2606  Standard sizes.\1\

------------------------------------------------------------------------
                             Inches                                Size
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40406, Nov. 7, 1986]

[[Page 119]]

                                  Rules



Sec. 29.2616  Rules.

    The application of these official standard grades shall be in 
accordance with Sec. Sec. 29.2617 through 29.2639.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2617  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec. 29.2618  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec. 29.2619  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, two or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least two breaks from which a representative sample shall be selected.



Sec. 29.2620  Rule 4.

    All standard grades must be clean.



Sec. 29.2621  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec. 29.2622  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec. 29.2623  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec. 29.2624  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.2625  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec. 29.2626  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2627  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards and Testing Branch and approved by the Director.



Sec. 29.2628  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec. 29.2629  Rule 13.

    Length shall be stated in connection with each grade of the A, B, 
and C groups, except strip grades, and may be stated in connection with 
the grades of other groups. The standard tobacco sizes shall be used.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40406, Nov. 7, 1986]

[[Page 120]]



Sec. 29.2630  Rule 14.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade. The minor portion must be closely related but may be of a 
different group, quality, and color from the major portion. Specified 
percentages of uniformity shall not affect limitations established by 
other rules.



Sec. 29.2631  Rule 15.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury. In appraising injury, consideration shall be given 
to the normal characteristics of the group.



Sec. 29.2632  Rule 16.

    Any lot of tobacco of the B, C, or X groups containing over 30 
percent of mixed color or variegated leaves or over 30 percent of mixed 
color and variegated leaves combined shall be classified as ``mixed'' 
and designated by the color symbol ``M.''



Sec. 29.2633  Rule 17.

    Any lot of tobacco containing 20 percent or more of greenish leaves 
or any lot which contains 20 percent of greenish and green leaves 
combined shall be designated by the color symbol ``VF.''



Sec. 29.2634  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbol ``G.''



Sec. 29.2635  Rule 19.

    In the B, C, and X groups crude leaves shall be restricted to the 
fourth and fifth qualities of green grades. Any lot containing 20 
percent or more of crude leaves shall be classified as Nondescript.



Sec. 29.2636  Rule 20.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec. 29.2637  Rule 21.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec. 29.2638  Rule 22.

    Tobacco shall be designated No Grade, using the grademark ``No-G,'' 
when it is dirty, nested, offtype, semicured, damaged 20 percent or 
more, extremely wet or watered, or when it needs to be reworked, 
contains foreign matter, or has an odor foreign to type.



Sec. 29.2639  Rule 23.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16757, Apr. 20, 1984]



Sec. 29.2640  Rule 24.

    Tobacco that is semifired but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``SF'' after the grademark. This factor does not apply to 
tobacco designated ``No-G''.

[51 FR 40406, Nov. 7, 1986]

                                 grades



Sec. 29.2661  Wrappers (A Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. Cured leaves of this group are elastic and show a 
low percentage of injury affecting wrapper yield.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
A1F.......................................  Choice Medium-brown
                                             Wrappers.
                                             Thin to medium body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent of leaves not lower
                                             than B1 or C1.
A2F.......................................  Fine Medium-brown Wrappers.
                                             Thin to medium body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             75 percent uniform, and 25
                                             percent of leaves not lower
                                             than B2 or C2.

[[Page 121]]

 
A3F.......................................  Good Medium-brown Wrappers.
                                             Thin to medium body, ripe,
                                             firm oily, elastic, strong,
                                             clear finish, moderate
                                             color intensity, spready,
                                             60 percent uniform, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
A1D.......................................  Choice Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent of leaves not lower
                                             than B1 or C1.
A2D.......................................  Fine Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             75 percent uniform, and 25
                                             percent of leaves not lower
                                             than B2 or C2.
A3D.......................................  Good Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, clear finish,
                                             moderate color intensity,
                                             spready, 60 percent
                                             uniform, and 40 percent of
                                             leaves not lower than B3 or
                                             C3.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2662  Heavy Leaf (B Group).

    This group consists of leaves which are medium to heavy in body.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
B1F.......................................  Choice Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, elastic, strong,
                                             bright finish, deep color
                                             intensity, normal width, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2F.......................................  Fine Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, elastic, strong,
                                             clear finish, deep color
                                             intensity, normal width, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3F.......................................  Good Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4F.......................................  Fair Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5F.......................................  Low Medium-brown Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 60
                                             percent uniform, and 30
                                             percent injury tolerance.
B1D.......................................  Choice Dark-brown Heavy
                                             Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, bright finish, deep
                                             color intensity, normal
                                             width, 95 percent uniform
                                             and 5 percent injury
                                             tolerance.
B2D.......................................  Fine Dark-brown Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, clear finish, deep
                                             color intensity, normal
                                             width, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3D.......................................  Good Dark-brown Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, semielastic,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4D.......................................  Fair Dark-brown Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5D.......................................  Low Dark-brown Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3M.......................................  Good Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, semielastic,
                                             normal strength, clear
                                             finish, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5M.......................................  Low Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
B3VF......................................  Good Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4VF......................................  Fair Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B5VF......................................  Low Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, narrow,
                                             60 percent uniform, and 40
                                             percent injury tolerance.
B3G.......................................  Good Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily, semi-
                                             elastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4G.......................................  Fair Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5G.......................................  Low Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972; 37 FR 15501, Aug. 3, 1972, as amended at 49 
FR 16757, Apr. 20, 1984; 51 FR 40407, Nov. 7, 1986]



Sec. 29.2663  Thin Leaf (C Group).

    This group consists of leaves that are thin in body.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
C1L.......................................  Choice Light-brown Thin
                                             Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2L.......................................  Fine Light-brown Thin Leaf.

[[Page 122]]

 
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3L.......................................  Good Light-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4L.......................................  Fair Light-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5L.......................................  Low Light-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C1F.......................................  Choice Medium-brown Thin
                                             Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2F.......................................  Fine Medium-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3F.......................................  Good Medium-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4F.......................................  Fair Medium-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5F.......................................  Low Medium-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C1D.......................................  Choice Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2D.......................................  Fine Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3D.......................................  Good Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4D.......................................  Fair Dark-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5D.......................................  Low Dark-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal,
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4M.......................................  Fair Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5M.......................................  Low Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3VF......................................  Good Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4VF......................................  Fair Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5VF......................................  Low Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3G.......................................  Good Green Thin Leaf.
                                             Thin, mature, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4G.......................................  Fair Green Thin Leaf.
                                             Thin, immature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5G.......................................  Low Green Thin Leaf.
                                             Thin, immature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec. 29.2664  Lugs (X Group).

    This group consists of leaves that normally grow near the bottom of 
the stalk. Leaves of the X group usually have a high degree of maturity 
and show ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
X1L.......................................  Choice Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
X2L.......................................  Fine Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X3L.......................................  Good Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Light-brown Lugs.
                                             Thin, mature, open, lean in
                                             oil, weak, dull finish,
                                             pale color intensity, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5L.......................................  Low Light-brown Lugs.
                                             Thin, mature, open, lean in
                                             oil, weak, dull finish,
                                             pale color intensity, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
X1F.......................................  Choice Medium-brown Lugs.

[[Page 123]]

 
                                             Medium body, ripe, firm,
                                             oily, normal strength,
                                             clear finish, moderate
                                             color intensity, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
X2F.......................................  Fine Medium-brown Lugs.
                                             Medium body, ripe, firm,
                                             oily, normal strength,
                                             clear finish, moderate
                                             color intensity, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X3F.......................................  Good Medium-brown Lugs.
                                             Medium body, ripe, firm,
                                             lean in oil, weak, dull
                                             finish, pale color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1D.......................................  Choice Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2D.......................................  Fine Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3D.......................................  Good Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4D.......................................  Fair Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5D.......................................  Low Dark-brown Lugs.
                                             Thin to heavy, mature,
                                             open, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3M.......................................  Good Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, ripe, firm,
                                             lean in oil, weak, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4M.......................................  Fair Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, mature,
                                             close, lean in oil, weak,
                                             dull finish, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5M.......................................  Low Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, mature,
                                             close, lean in oil, weak,
                                             dull finish, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3VF......................................  Good Greenish Medium-brown
                                             Lugs.
                                             Medium body, mature, firm,
                                             lean in oil, weak, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4VF......................................  Fair Greenish Medium-brown
                                             Lugs.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5VF......................................  Low Greenish Medium-brown
                                             Lugs.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
X3G.......................................  Good Green Lugs.
                                             Medium to heavy body,
                                             mature, firm, weak, lean in
                                             oil, dull finish, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4G.......................................  Fair Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]



Sec. 29.2665  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except Scrap.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
N1L.......................................  First Quality Light Colored
                                             Nondescript.
                                             Thin to medium body and 60
                                             percent injury tolerance.
N1D.......................................  First Quality Dark Colored
                                             Nondescript.
                                             Medium to heavy body and 60
                                             percent injury tolerance.
N1GL......................................  First Quality Crude Green
                                             Nondescript from the C or B
                                             Groups 60 percent crude
                                             leaves or injury tolerance.
N1GX......................................  First Quality Crude Green
                                             Nondescript from the X
                                             Group 60 percent crude
                                             leaves or injury tolerance.
N2........................................  Substandard Nondescript.
                                             Nondescript of any group or
                                             color; over 60 percent
                                             crude leaves or injury
                                             tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]



Sec. 29.2666  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
S.........................................  Scrap.
                                             Tangled, whole, or broken
                                             unstemmed leaves, or the
                                             web portions of tobacco
                                             leaves reduced to scrap by
                                             any process.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]

[[Page 124]]

                       Summary of Standard Grades



Sec. 29.2686  Summary of standard grades.

                          6 Grades of Wrappers
------------------------------------------------------------------------
A1F                A3F               A2D                A3D
A2F                A1D               .................
------------------
 
                         19 Grades of Heavy Leaf
------------------------------------------------------------------------
B1F                B1D               B3M                B5VF
B2F                B2D               B4M                B3G
B3F                B3D               B5M                B4G
B4F                B4D               B3VF               B5G
B5F                B5D               B4VF
------------------
 
                         24 Grades of Thin Leaf
------------------------------------------------------------------------
C1L                C2F               C3D                C3VF
C2L                C3F               C4D                C4VF
C3L                C4F               C5D                C5VF
C4L                C5F               C3M                C3G
C5L                C1D               C4M                C4G
C1F                C2D               C5M                C5G
------------------
 
                            24 Grades of Lugs
------------------------------------------------------------------------
X1L                X2F               X3D                X3VF
X2L                X3F               X4D                X4VF
X3L                X4F               X5D                X5VF
X4L                X5F               X3M                X3G
X5L                X1D               X4M                X4G
X1F                X2D               X5M                X5G
 


                         5 Grades of Nondescript
------------------------------------------------------------------------
N1L            N1D            N1GL           N1GX           N2
--------------
 
                     1 Grade of Scrap
-----------------------------------------------------------
               .............  S              .............  ............
--------------
 

    Special factors ``U'', ``W'', ``S'' and ``SF'' may be applied to all 
grades. Tobacco not covered by the standard grades is designated ``No-
G.''

                        Standard Sizes Applicable
A1, A2, A3....................................................      2, 3
B1, B2, B3, B4, B5............................................   1, 2, 3
C1, C2, C3, C4, C5............................................   1, 2, 3
 


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]

                       Key to Standard Grademarks



Sec. 29.2696  Key to standard grademarks.

                                 Groups

A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.
4--Fair.
5--Low.

                                 Colors

L--Light brown.
F--Medium brown.
D--Dark brown.
M--Mixed or variegates.
VF--Greenish medium brown.
G--Green.

 Official Standard Grades for Burley Tobacco (U.S. Type 31 and Foreign 
                                Type 93)

    Source: Sections 29.3001 to 29.3182 appear at 24 FR 8771, Oct. 29, 
1959, unless otherwise noted.

                               definitions



Sec. 29.3001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.3002  Air-cured.

    Tobacco cured under natural atmospheric conditions. Artificial heat 
is sometimes used to control excess humidity during the curing period to 
prevent house-burn and barn-burn in damp weather. Air-cured tobacco 
should not carry the odor of smoke or fumes resulting from the 
application of artificial heat.



Sec. 29.3003  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec. 29.3004  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of quality.)



Sec. 29.3005  Burley, Type 31.

    That type of air-cured tobacco, commonly known as Burley, produced 
principally in Kentucky, Tennessee, Virginia, North Carolina, Ohio, 
Indiana, West Virginia, and Missouri.



Sec. 29.3006  Burley, Type 93.

    That type of air-cured tobacco commonly known as Foreign-grown 
Burley,

[[Page 125]]

produced in countries other than the United States.

[49 FR 16757, Apr. 20, 1984]



Sec. 29.3007  Buff color (L).

    A light yellow slightly shaded toward red.

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16757, Apr. 20, 1984]



Sec. 29.3008  Class.

    A major division of tobacco based on method of cure or principal 
usage.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3009  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 20.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3010  Color.

    The third factor of a grade, based on the relative hues, saturations 
or chroma, and color values common to the type.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3011  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to all colors except variegated. Color 
intensity is reversed in its application to grades of greenish and green 
tobaccos and is omitted from these grade specifications. (See Elements 
of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3012  Color symbols.

    As applied to Burley, single color symbols are as follows: L--buff, 
F--tan, R--red, D--dark red, K--variegated, M--mixed color, V--greenish, 
and G--green.

[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970. 
Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3013  Combination color symbols.

    As applied to Burley, combination color symbols are as follows: FL--
tannish buff, FR--tannish red, VF--greenish tan, VR--greenish red, GF--
green tan, and GR--green red. (See rules 17 and 18.)

[51 FR 40407, Nov. 7, 1986]



Sec. 29.3014  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are as follows: Undried, air-dried, steam-dried, sweating, 
sweated, and aged. Burley is air-dried or steam-dried for storage and 
aging.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3015  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
sunburn or sunscald. Any leaf which is crude to the extent of 20 percent 
of its leaf surface may be described as crude. (See Rule 19.)

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16757, Apr. 20, 1984]



Sec. 29.3016  Cured.

    Tobacco dried of its sap by either natural or artificial processes.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3017  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 126]]



Sec. 29.3018  Dark red color (D).

    A dark reddish brown.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3019  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3020  Elements of quality.

    Elements of quality and the degrees used in the specifications of 
the official standard grades of Burley, Types 31 and 93, are shown in 
Sec. 29.3101. Words have been selected to describe the degrees of each 
element. Some of the words are almost synonymous in their meaning, yet, 
they are sufficiently different to represent steps within the range of 
the elements of quality to which they are applied.

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec. 29.3021  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is called the midrib or stem. The smaller lateral and cross veins 
are considered from the standpoint of size and color and in some types 
are treated as elements of quality. In Burley, fiber size and color are 
not of great importance, except where a fine distinction must be made 
between several lots of high quality or between sides of the same lot.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3022  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. Descriptive terms range 
from bright to dingy. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3023  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, et cetera. Abnormal amounts of dirt or sand also 
are included. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3024  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3025  General color.

    The color of tobacco considered in relation to the type as a whole. 
General color is distinguished from the restricted use of the term 
``color'' within a group. It is basically related to body and other 
overall characteristics of the type.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3026  General quality.

    The quality of tobacco considered in relation to the type as a 
whole. General quality is distinguished from the restricted use of the 
term ``quality'' within a group.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3027  Grade.

    A subdivision of a type according to group, quality, and color.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3028  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, C2F means Lugs, second quality, and tan color.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3029  Green (G).

    A color term applied to immature or crude tobacco. Any leaf which 
has a green color affecting 20 percent or more of its leaf surface may 
be described as green. (See Rule 18.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 127]]



Sec. 29.3030  Greenish (V).

    A color term applied to greenish-tinged tobacco. Any leaf which has 
a greenish tinge or a pale green color affecting 20 percent or more of 
its surface may be described as greenish. (See Rule 17.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3031  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position or the 
general quality of the tobacco. Groups in Burley, Types 31 and 93, are 
as follows: Flyings (X), Lugs or Cutters (C), Leaf (B), Tips (T), Mixed 
(M), Nondescript (N), and Scrap (S).

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec. 29.3032  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage.) Injury to tobacco may be caused by field diseases, insects, or 
weather conditions; insecticides, fungicides, or cell growth inhibitors; 
nutritional deficiencies or excesses; or improper fertilizing, 
harvesting, curing, or handling. Injured tobacco includes dead, burnt, 
hail-cut, torn, broken, frostbitten, sunburned, sunscalded, scorched, 
fire-killed, bulk-burnt, steam-burnt, barn-burnt, house-burnt, bleached, 
bruised, discolored, or deformed leaves; or tobacco affected by 
wildfire, rust, frog- eye, mosaic, root rot, wilt, black shank, or other 
diseases. (See Elements of quality and Rule 14.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec. 29.3033  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16758, Apr. 20, 1984]



Sec. 29.3034  Leaf scrap.

    A by-product of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3035  Leaf structure.

    The cell development of a leaf as indicated by its porosity or 
solidity. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3036  Leaf surface.

    The smoothness or roughness of the web or lamina of a tobacco leaf. 
Leaf surface is affected to some extent by the size and shrinkage of the 
veins or fibers. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3037  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. Length, as an element of quality, does not 
apply to tobacco in strip form. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec. 29.3038  Lot.

    A pile, basket, bulk, bale or bales, sheet, case hogshead, tierce, 
package, or other definite package unit.

[48 FR 40366, Sept. 7, 1983. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3039  Maturity.

    The degree of ripeness. Tobacco is mature when it reaches its prime 
state of development. The extremes are expressed as immature and mellow. 
(See Elements of quality.)

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16758, Apr. 20, 1984]



Sec. 29.3040  Mixed color (M).

    Distinctly different colors of the type mingled together. (See Rule 
16.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]

[[Page 128]]



Sec. 29.3041  Nested.

    Any lot of Type 31 tobacco which as has been loaded, packed or 
arranged to conceal foreign matter or tobacco of inferior grade, 
quality, or condition. Nested includes:
    (a) Any lot of tobacco which contains foreign matter, is damaged, 
injured, or tangled, or contains other inferior tobacco, any of which 
cannot be readily detected upon inspection because of the way the lot is 
packed or arranged;
    (b) Any lot of tobacco which consists of distinctly different 
grades, qualities or conditions and which is stacked or arranged with 
the same kinds together so that the tobacco in the lower portions of the 
lot is distinctly inferior in grade, quality or condition from the 
tobacco in the top portion of the lot.

[47 FR 51721, Nov. 17, 1982. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec. 29.3042  No grade.

    A designation applied to a lot of tobacco which is classified as 
offtype, rework, semicured, damaged 20 percent or more, abnormally 
dirty, contains foreign matter, and/or having an odor foreign to the 
type.

[47 FR 51721, Nov. 17, 1982. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3043  No-G-Nested.

    A designation applied to a lot of Type 31 tobacco which is 
classified as nested.

[47 FR 51721, Nov. 17, 1982. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec. 29.3044  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Burley, Type 31 or 93. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51721, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16757, 16758, Apr. 20, 1984]



Sec. 29.3045  Order (case).

    The state of tobacco with respect to its moisture content.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3046  Oriented.

    A term applied to Type 31 untied tobacco which denotes the 
arrangement of leaves in a straight and orderly manner. Oriented 
includes:
    (a) Any lot of baled tobacco in which the leaves are packed parallel 
to the length of the bale with the butts to the outside and the tips of 
the leaves overlapping sufficiently to make a level, solid and uniform 
package;
    (b) Any lot of sheeted tobacco in which the leaves are arranged in a 
circular pattern with the butts to the outside.

[48 FR 40366, Sept. 7, 1983. Redesignated and amended at 49 FR 16758, 
Apr. 20, 1984]



Sec. 29.3047  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3048  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3049  Pink or pinkish.

    A color term applied to pink or pinkish tobacco. Any leaf which has 
a pink or pinkish color affecting 20 percent or more of its leaf surface 
is considered as mixed color. (See Rule 16.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3050  Quality.

    A division of a group or the second factor of a grade, based on the 
relative degree of one or more elements of quality in tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]

[[Page 129]]



Sec. 29.3051  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3052  Red color (R).

    A brownish red.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3053  Rework.

    Any lot of Type 31 tobacco which needs to be restored or otherwise 
rearranged to prepare it properly for market, including:
    (a) Tobacco which contains an abnormally large quantity of foreign 
matter or an unusual number of muddy or extremely dirty leaves which 
should be removed;
    (b) Tobacco not properly tied in hands, not packed in bales 
approximately 1 x 2 x 3 feet, not oriented, not packed straight, bales 
not opened for inspection when chosen by a grader, or otherwise not 
properly prepared for market.

[47 FR 51722, Nov. 17, 1982. Redesignated and amended at 49 FR 16758, 
Apr. 20, 1984; 60 FR 7429, Feb. 8, 1995; 62 FR 60156, Nov. 7, 1997]



Sec. 29.3054  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swell stems, frozen tobacco, and tobacco having frozen stems 
or stems that have not been thoroughly dried in the curing process. (See 
Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3055  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3056  Sound.

    Free of damage.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3057  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 9.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3058  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3059  Stem.

    The midrib or large central vein of a tobacco leaf.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3060  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3061  Strength (tensile).

    The stress a tobacco leaf can bear without tearing. Tensile strength 
is not an important element of quality in Burley tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3062  Strips.

    The sides of a tobacco leaf from which the stem has been removed; or 
a lot of tobacco composed of strips.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]

[[Page 130]]



Sec. 29.3063  Subgrade.

    Any grade modified by a special factor symbol.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3064  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3065  Sweating.

    The condition of tobacco in the process of fermentation.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3066  Tan color.

    A light red-yellow.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3067  Tannish-buff (FL).

    A light red-yellow shaded toward buff.

[51 FR 40407, Nov. 7, 1986]



Sec. 29.3068  Tannish-red color (FR).

    A light red shaded toward tan.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984 and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3069  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing and 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cuttings, clippings, trimmings, 
siftings, or dust.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16758, Apr. 20, 1984, and further 
redesignated at 51 FR 40407, Nov. 7, 1986]



Sec. 29.3070  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3071  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3072  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3073  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed in grade 
specifications as a percentage. The percentage is applicable to group, 
quality, and color. (See Rule 13.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3074  Unsound (U).

    Damaged under 20 percent. (See Rule 21.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]

[[Page 131]]



Sec. 29.3075  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3076  Variegated (K).

    Any leaf of which 20 percent or more of its surface is yellow, 
grayish, mottled, or bleached, and does not blend with the normal colors 
of the type or group and is generally characterized by a lower degree of 
leaf structure and maturity than tobacco of the corresponding group and 
quality. (See Rule 15.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3077  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in an unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec. 29.3078  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width as an element of quality, does not apply to tobacco in 
strip form. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16758, Apr. 20, 1984, and further 
redesignated at 51 FR 40407, Nov. 7, 1986]

                           elements of quality



Sec. 29.3101  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with type, group, and grade. In each case the first and 
last degrees represent the full range for the element, and the 
intermediate degrees show gradual steps between them.

--------------------------------------------------------------------------------------------------------------------------------------------------------
              Elements                                                                      Degrees
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Body.............................  Tissuey...............  Thin..................  Medium...............  Fleshy...............  Heavy.
2 Maturity.........................  Mellow................  Ripe..................  Mature...............  Underripe............  Immature.
3 Leaf structure (porosity and       Porous................  Open..................  Firm.................  Close................  Solid.
 solidity)..
4 Leaf surface (smoothness)........  Smooth................  Even..................  Wavy.................  Wrinkly..............  Rough.
5 Finish...........................  Bright................  Clear.................  Moderate.............  Dull.................  Dingy.
6 Color intensity..................  Deep..................  Strong................   do..................  Weak.................  Pale.
7 Width............................  Broad.................  Spready...............  Normal...............  Narrow...............  Stringy.
8 Length...........................  (\1\).................  (\1\).................  (\1\)................  (\1\)................  (\1\)
9 Uniformity.......................  (\2\).................  (\2\).................  (\2\)................  (\2\)................  (\2\)
10 Injury tolerance................  (\2\).................  (\2\).................  (\2\)................  (\2\)................  (\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentage.

                                  rules



Sec. 29.3103  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec. 29.3104  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.

[[Page 132]]



Sec. 29.3105  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec. 29.3106  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
One break shall be made not more than six inches from the top of the 
package and one not more than six inches from the bottom. All breaks 
shall be made so that the tobacco contained in the center of the package 
is visible to the sampler. Tobacco shall be drawn from at least three 
breaks from which a representative sample shall be selected. The sample 
shall include tobacco of each different group, quality, color, length, 
and kind found in the lot in proportion to the quantities of each 
contained in the lot.

[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3107  Rule 4.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec. 29.3108  Rule 5.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec. 29.3109  Rule 6.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec. 29.3110  Rule 7.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.3111  Rule 8.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec. 29.3112  Rule 9.

    Any special factor symbol, approved by the Director of the Tobacco 
Division of the Agricultural Marketing Service, may be used to show a 
peculiar side or characteristic of the tobacco which tends to modify the 
grade.

[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3113  Rule 10.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards Branch and approved by the Director.



Sec. 29.3114  Rule 11.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec. 29.3115  Rule 12.

    Any lot, except strip form, of Leaf (B Group) tobacco in which 20 
percent or more of its leaves are under 16 inches in length shall be 
designated as Tips (T Group).

[49 FR 16758, Apr. 20, 1984]



Sec. 29.3116  Rule 13.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. The minor portion must be closely related 
but may be of a different group, quality, and color

[[Page 133]]

from the major portion. These percentages shall not affect limitations 
established by other rules.



Sec. 29.3117  Rule 14.

    The application of injury as an element of quality shall be 
expressed in terms of a percentage of tolerance. The appraisal of injury 
shall be based upon the percentage of affected leaf surface or the 
degree of injury. In appraising injury, consideration shall be given to 
the normal characteristics of the group as related to injury.



Sec. 29.3118  Rule 15.

    Any lot of tobacco containing over 20 percent of variegated leaves 
shall be described as ``variegated'' and designated by the color symbol 
``K.''

[51 FR 40407, Nov. 7, 1986]



Sec. 29.3119  Rule 16.

    Any lot of tobacco of B, C, or X groups which contains 30 percent or 
more of pink or pinkish leaves or contains 30 percent or more of a color 
distinctly different from the major color shall be classified as 
``mixed'' and designated by the color symbol ``M.''



Sec. 29.3120  Rule 17.

    Any lot of tobacco containing 20 percent or more of greenish leaves, 
or any lot which contains 20 percent of greenish and green leaves 
combined, shall be designated by the color symbol ``V'' in the C group 
and the combination color symbols ``VF'' or ``VR'' in the B and T 
groups.



Sec. 29.3121  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves, or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined, shall be designated by the color symbol ``G'' in the X, 
C, and M groups and the combination color symbol ``GF'' and ``GR'' in 
the B and T groups.

[55 FR 40645, Oct. 4, 1990]



Sec. 29.3122  Rule 19.

    Crude leaves shall not be included in any grade of any color except 
green, green tan, and green red. Any lot containing 20 percent or more 
of crude leaves shall be designated as Nondescript.



Sec. 29.3123  Rule 20.

    All standard grades must be clean.



Sec. 29.3124  Rule 21.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated as ``No-G.''



Sec. 29.3125  Rule 22.

    Sound tobacco that is wet or is doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated as ``No-G.''



Sec. 29.3126  Rule 23.

    Tobacco shall be designated as No Grade, using the grademark, ``No-
G,'' when it is dirty, offtype, semicured, needs to be reworked, damaged 
20 percent or more, contains foreign matter, or has an odor foreign to 
the type.

[47 FR 51722, Nov. 17, 1982]



Sec. 29.3127  Rule 24.

    Tobacco in Type 31 shall be designated by the grademark ``No-G-
Nested'' when it is nested.

[47 FR 51722, Nov. 17, 1982, as amended at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3128  Rule 25.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16758, Apr. 20, 1984]

                                 grades



Sec. 29.3151  Flyings (X Group).

    This group consists of leaves normally grown at the bottom of the 
stalk. These leaves are flat and open-faced and have a blunt or oblate 
tip. Compared with other groups on the stalk, Flyings consist of 
relatively thin

[[Page 134]]

to tissuey leaves which show the highest degree of maturity and the most 
open leaf structure. Flyings show a material amount of injury 
characteristic of leaves grown near the ground. (See Rule 14.)

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
X1L.......................................  Choice Buff Flyings.
                                             Tissuey, mellow, open to
                                             porous, even, clear finish,
                                             strong color intensity, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
X2L.......................................  Fine Buff Flyings.
                                             Tissuey, mellow, open to
                                             porous, even, moderate
                                             finish and color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3L.......................................  Good Buff Flyings.
                                             Tissuey, ripe to mellow,
                                             open to porous, wavy, dull
                                             finish, weak color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Buff Flyings.
                                             Tissuey, mature to ripe,
                                             open to porous, wrinkly to
                                             wavy, dingy finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5L.......................................  Low Buff Flyings.
                                             Tissuey, mature to ripe,
                                             open to porous, wrinkly,
                                             dingy finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1F.......................................  Choice Tan Flyings.
                                             Thin, mellow, open to
                                             porous, even, clear finish,
                                             strong color intensity, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
X2F.......................................  Fine Tan Flyings.
                                             Thin, mellow, open to
                                             porous, even, moderate
                                             finish and color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3F.......................................  Good Tan Flyings.
                                             Thin, ripe to mellow, open
                                             to porous, wavy, dull
                                             finish, weak color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Tan Flyings.
                                             Thin, mature to ripe, open
                                             to porous, wrinkly to wavy,
                                             dingy finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Tan Flyings.
                                             Thin, mature to ripe, open
                                             to porous, wrinkly, dingy
                                             finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X4M.......................................  Fair Mixed Color Flyings.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             porous, wrinkly to wavy,
                                             dingy finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5M.......................................  Low Mixed Color Flyings.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             porous, wrinkly, dingy
                                             finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X4G.......................................  Fair Green Flyings.
                                             Medium to tissuey body,
                                             immature, firm, wrinkly to
                                             wavy, dingy finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Flyings.
                                             Medium to tissuey body,
                                             immature, firm, wrinkly,
                                             dingy finish, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 49 
FR 16758, Apr. 20, 1984]



Sec. 29.3152  Lugs or Cutters (C Group).

    This group consists of leaves normally grown at the midportion of 
the stalk. Cured leaves from this stalk position have a tendency to 
roll, concealing the stem or midrib. Lugs or Cutters have an oblate to 
rounded tip and are usually thin to medium in body. The leaves are 
spready in relation to their length and show little or no ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
C1L.......................................  Choice Buff Lugs.
                                             Thin, ripe, open, smooth,
                                             bright finish, deep color
                                             intensity, broad, 20 or over in length, 95
                                             percent uniform and 5
                                             percent injury tolerance.
C2L.......................................  Fine Buff Lugs.
                                             Thin, ripe, open, smooth,
                                             bright finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
C3L.......................................  Good Buff Lugs.
                                             Thin, ripe, open, even,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C4L.......................................  Fair Buff Lugs.
                                             Thin, mature to ripe, firm
                                             to open, wavy to even,
                                             moderate finish, weak color
                                             intensity, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5L.......................................  Low Buff Lugs.
                                             Thin, mature, firm to open,
                                             wavy dull finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C1F.......................................  Choice Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, smooth, bright
                                             finish, deep color
                                             intensity, broad, 20 or over in length, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
C2F.......................................  Fine Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, smooth, bright
                                             finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
C3F.......................................  Good Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, even, clear finish,
                                             moderate color intensity,
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C4F.......................................  Fair Tan Lugs.
                                             Medium to thin body, mature
                                             to ripe, firm to open, wavy
                                             to even, moderate finish,
                                             weak color intensity,
                                             narrow to normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C5F.......................................  Low Tan Lugs.
                                             Medium to thin body,
                                             mature, firm to open, wavy,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform and 30
                                             percent injury tolerance.
C3K.......................................  Good Variegated Lugs.
                                             Medium body, ripe, open,
                                             even, normal width, 18 or over in length,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
C4K.......................................  Fair Variegated Lugs.

[[Page 135]]

 
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5K.......................................  Low Variegated Lugs.
                                             Medium body, mature, close
                                             to firm, wavy, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, even, moderate finish
                                             and color intensity, normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C4M.......................................  Fair Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, wavy to even, dull
                                             finish, weak color
                                             intensity, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5M.......................................  Low Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, wavy, dingy finish
                                             pale color intensity,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C3V.......................................  Good Greenish Lugs.
                                             Medium to thin body,
                                             underripe open, even, clear
                                             finish, normal width 18 or over in length,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
C4V.......................................  Fair Greenish Lugs.
                                             Medium to thin body,
                                             underripe, firm to open,
                                             wavy to even, moderate
                                             finish, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5V.......................................  Low Greenish Lugs.
                                             Medium to thin body,
                                             underripe firm to open,
                                             wavy, dull finish, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
C4G.......................................  Fair Green Lugs.
                                             Medium body, immature,
                                             close to firm, wavy to
                                             even, moderate finish,
                                             narrow to normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C5G.......................................  Low Green Lugs.
                                             Medium body, immature,
                                             close to firm, wavy, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 49 
FR 16758, Apr. 20, 1984]



Sec. 29.3153  Leaf (B Group).

    This group consists of leaves normally grown above the midpoint of 
the stalk. Cured leaves from the upper stalk position have a tendency to 
fold, concealing the face of the leaf and exposing the stem or midrib. 
These leaves have a pointed tip and generally are medium to heavy in 
body. They are narrower in relation to their length than corresponding 
qualities of the C Group.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
B1F.......................................  Choice Tan Leaf.
                                             Medium body, ripe, open,
                                             smooth, clear finish, deep
                                             color intensity, spready,
                                             20 or over in
                                             length, 95 percent uniform,
                                             and 5 percent injury
                                             tolerance.
B2F.......................................  Fine Tan Leaf.
                                             Medium body ripe, open,
                                             even, clear finish, deep
                                             color intensity, spready,
                                             20 or over in
                                             length, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3F.......................................  Good Tan Leaf.
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4F.......................................  Fair Tan Leaf.
                                             Medium body, mature, firm,
                                             wavy, dull finish, weak
                                             color intensity, narrow,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5F.......................................  Low Tan Leaf.
                                             Medium body, mature, firm,
                                             wrinkly, dingy finish, pale
                                             color intensity, stringy,
                                             16 or over in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B2FL......................................  Fine Tannish-buff Leaf.
                                             Medium body, ripe, open,
                                             even, clear finish, strong
                                             color intensity, spready,
                                             20'' or over in length, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3FL......................................  Good Tannish-buff Leaf
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18'' or over
                                             in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4FL......................................  Fair Tannish-buff Leaf.
                                             Medium body, mature, firm,
                                             wavy, dull finish, weak
                                             color intensity, narrow,
                                             16'' or over in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B1FR......................................  Choice Tannish-red Leaf.
                                             Fleshy to medium body,
                                             ripe, open, smooth, clear
                                             finish, deep color
                                             intensity, spready, 20 or over in length,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
B2FR......................................  Fine Tannish-red Leaf.
                                             Fleshy to medium body,
                                             ripe, open, even, clear
                                             finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
B3FR......................................  Good Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4FR......................................  Fair Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature firm, wavy, dull
                                             finish, weak color
                                             intensity, narrow, 16 or over in length
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5FR......................................  Low Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature, firm, wrinkly,
                                             dingy finish, pale color
                                             intensity, stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B1R.......................................  Choice Red Leaf.
                                             Heavy to fleshy, ripe, firm
                                             to open, even, clear
                                             finish, deep color
                                             intensity, spready, 20 or over in length
                                             95 percent uniform, and 5
                                             percent injury tolerance.
B2R.......................................  Fine Red Leaf.

[[Page 136]]

 
                                             Heavy to fleshy, ripe, firm
                                             to open wavy, clear finish,
                                             strong color intensity,
                                             spready, 20 or
                                             over in length 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
B3R.......................................  Good Red Leaf.
                                             Heavy to fleshy, mature to
                                             ripe, firm, wrinkly to
                                             wavy, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4R.......................................  Fair Red Leaf.
                                             Heavy to fleshy, mature,
                                             close to firm, wrinkly,
                                             dull finish, weak color
                                             intensity, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5R.......................................  Low red Leaf.
                                             Heavy to fleshy, mature,
                                             close, rough, dingy finish,
                                             pale color intensity,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B4D.......................................  Fair Dark-red Leaf.
                                             Heavy to fleshy, mature,
                                             close, wrinkly, dull
                                             finish, weak color
                                             intensity, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5D.......................................  Low Dark-red Leaf.
                                             Heavy to fleshy, underripe
                                             to mature, solid, rough,
                                             dingy finish, pale color
                                             intensity, stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B3K.......................................  Good Variegated Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wrinkly to wavy,
                                             narrow to normal width,
                                             18 or over in
                                             length, 85 percent uniform,
                                             and 15 percent injury
                                             tolerance.
B4K.......................................  Fair Variegated Leaf.
                                             Fleshy, mature, close to
                                             firm, wrinkly, narrow,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5K.......................................  Low Variegated Leaf.
                                             Heavy to fleshy, underripe
                                             to mature, solid to close,
                                             rough, stringy, 16 or over in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B2M.......................................  Fine Mixed Color Leaf.
                                             Fleshy to medium body,
                                             ripe, open, even, clear
                                             finish, strong color
                                             intensity, 20'' or over in
                                             length, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3M.......................................  Good Mixed Color Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4M.......................................  Fair Mixed Color Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy, dull finish,
                                             weak color intensity,
                                             narrow, 16 or
                                             over in length, 80 percent
                                             uniform and 20 percent
                                             injury tolerance.
B5M.......................................  Low Mixed Color Leaf.
                                             Fleshy to medium body,
                                             underripe to mature, firm
                                             to open, wrinkly, dingy
                                             finish, pale color
                                             intensity stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B3VF......................................  Good Greenish-tan Leaf.
                                             Medium body, underripe,
                                             firm to open, wavy to even,
                                             moderate finish, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4VF......................................  Fair Greenish-tan Leaf.
                                             Medium body, underripe,
                                             close to firm, wavy, dull
                                             finish, narrow, 16 or over in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B5VF......................................  Low Greenish-tan Leaf.
                                             Medium body, underripe,
                                             close, wrinkly, dingy
                                             finish, stringy, 16 or over in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B3VR......................................  Good Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             firm, wrinkly to wavy,
                                             moderate finish, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4VR......................................  Fair Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             close to firm, wrinkly,
                                             dull finish, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5VR......................................  Low Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             close, rough, dingy finish,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B3GF......................................  Good Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, firm to open,
                                             wrinkly to wavy, moderate
                                             finish, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4GF......................................  Fair Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, close to firm,
                                             wrinkly, dull finish,
                                             narrow, 16 or
                                             over in length, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B5GF......................................  Low Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, close, rough,
                                             dingy finish, stringy,
                                             16 or over in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B3GR......................................  Good Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             close to firm, wrinkly to
                                             wavy, moderate finish,
                                             narrow to formal width,
                                             18 or over in
                                             length, 85 percent uniform
                                             and 15 percent injury
                                             tolerance.
B4GR......................................  Fair Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             solid to close, wrinkly,
                                             dull finish, narrow width,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5GR......................................  Low Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             solid, rough, dingy finish,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984; 51 
FR 40407, Nov. 7, 1986]



Sec. 29.3154  Tips (T Group).

    This group consists of leaves usually grown at the top of the stalk. 
These relatively narrow and sharp-pointed leaves have the general 
characteristics of B-Group tobacco. Tips have a slightly lower degree of 
maturity and leaf structure than other leaves on the stalk. (See Rule 
12.)

[[Page 137]]



------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
T3F.......................................  Good Tan Tips.
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, under 16 in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
T4F.......................................  Fair Tan Tips.
                                             Medium body, mature, firm,
                                             wavy dull finish, weak
                                             color intensity, narrow,
                                             under 16 in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
T5F.......................................  Low Tan Tips.
                                             Medium body, mature, firm,
                                             wrinkly, dingy finish, pale
                                             color intensity, stringy,
                                             under 16 in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
T3FR......................................  Good Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, under 16
                                             in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
T4FR......................................  Fair Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature, firm, wavy, dull
                                             finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5FR......................................  Low Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature, firm, wrinkly,
                                             dingy finish, pale color
                                             intensity, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T3R.......................................  Good Red Tips.
                                             Heavy to fleshy, mature to
                                             ripe, firm, wrinkly to
                                             wavy, moderate finish and
                                             color intensity, narrow to
                                             normal width, under 16 in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
T4R.......................................  Fair Red Tips.
                                             Heavy to fleshy, mature,
                                             close to firm, wrinkly,
                                             dull finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5R.......................................  Low Red Tips.
                                             Heavy to fleshy, mature,
                                             close, rough, dingy finish,
                                             pale color intensity,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
T4D.......................................  Fair Dark-red Tips.
                                             Heavy to fleshy, mature,
                                             close, wrinkly, dull
                                             finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5D.......................................  Low Dark-red Tips.
                                             Heavy to fleshy, underripe
                                             to mature, solid, rough,
                                             dingy finish, pale color
                                             intensity, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4K.......................................  Fair Variegated Tips.
                                             Fleshy, mature, close to
                                             firm, wrinkly, narrow,
                                             under 16 in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
T5K.......................................  Low Variegated Tips.
                                             Heavy to fleshy, underripe
                                             to mature, solid to close,
                                             rough, stringy, under 16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4VF......................................  Fair Greenish-tan Tips.
                                             Medium body, underripe,
                                             close to firm, wavy, dull
                                             finish, narrow, under 16 in length, 80
                                             percent uniform and 20
                                             percent injury tolerance.
T5VF......................................  Low Greenish-tan Tips.
                                             Medium body, underripe,
                                             close, wrinkly, dingy
                                             finish, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4VR......................................  Fair Greenish-red Tips.
                                             Heavy to fleshy, underripe,
                                             close to firm, wrinkly,
                                             dull finish, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5VR......................................  Low Greenish-red Tips.
                                             Heavy to fleshy, underripe,
                                             close, rough, dingy finish,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
T4GF......................................  Fair Green-tan Tips.
                                             Fleshy to medium body,
                                             immature, close to firm,
                                             wrinkly, dull finish,
                                             narrow, under 16
                                             in length, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
T5GF......................................  Low Green-tan Tips.
                                             Fleshy to medium body,
                                             immature, close, rough,
                                             dingy finish, stringy,
                                             under 16 in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
T4GR......................................  Fair Green-red Tips.
                                             Heavy to fleshy, immature,
                                             solid to close, wrinkly,
                                             dull finish, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5GR......................................  Low Green-red Tips.
                                             Heavy to fleshy, immature,
                                             solid, rough, dingy finish,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3155  Mixed (M Group).

    This group consists of tobacco of distinctly different groups which 
are mixed together in various combinations.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
M3F.......................................  Good Light Mixed.
                                             General quality of X3, C3,
                                             B3, T3, medium to tissuey
                                             body, light general color,
                                             under 20 percent greenish,
                                             and 15 percent injury
                                             tolerance.
M4F.......................................  Fair Light Mixed.
                                             General quality of X4, C4,
                                             B4, T4, medium to tissuey
                                             body, light general color
                                             under 20 percent greenish,
                                             and 20 percent injury
                                             tolerance.
M5F.......................................  Low Light Mixed.
                                             General quality of X5, C5,
                                             B5, T5, medium to tissuey
                                             body, light general color,
                                             under 20 percent greenish,
                                             and 30 percent injury
                                             tolerance.
M3FR......................................  Good Dark Mixed.
                                             General quality of X3, C3,
                                             B3, T3, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 15 percent injury
                                             tolerance.
M4FR......................................  Fair Dark Mixed.
                                             General quality of X4, C4,
                                             B4, T4, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 20 percent injury
                                             tolerance.

[[Page 138]]

 
M5FR......................................  Low Dark Mixed.
                                             General quality of X5, C5,
                                             B5, T5, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 30 percent injury
                                             tolerance.
M4K.......................................  Fair Variegated Mixed.
                                             General quality of X4, C4,
                                             B4, T4, fleshy to thin
                                             body, under 20 percent
                                             greenish, and 20 percent
                                             injury tolerance.
M5K.......................................  Low Variegated Mixed.
                                             General quality of X5, C5,
                                             B5, T5, fleshy to thin
                                             body, under 20 percent
                                             greenish, and 30 percent
                                             injury tolerance.
M4G.......................................  Fair Green Mixed.
                                            General quality of X4, C4,
                                             B4, and T4, heavy to
                                             tissuey body, immature, and
                                             20 percent injury
                                             tolerance.
M5G.......................................  Low Green Mixed.
                                            General quality of X5, C5,
                                             B5, and T5, heavy to
                                             tissuey body, immature, and
                                             30 percent injury
                                             tolerance.
------------------------------------------------------------------------


[35 FR 10490, June 27, 1970, as amended at 49 FR 16758, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986; 55 FR 40645, Oct. 4, 1990]



Sec. 29.3156  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
N1L.......................................  First Quality Light Colored
                                             Nondescript
                                             Thin to tissuey body and 60
                                             percent injury tolerance.
N1F.......................................  First Quality Medium Colored
                                             Nondescript
                                             Fleshy to medium body and
                                             60 percent injury
                                             tolerance.
N1R.......................................  First Quality Dark Colored
                                             Nondescript
                                             Heavy to fleshy body and 60
                                             percent injury tolerance.
N1G.......................................  First Quality Crude Green
                                             Nondescript
                                             60 percent crude leaves or
                                             injury tolerance.
N2L.......................................  Second Quality Light to
                                             Medium Colored Nondescript
                                             Medium to tissuey body and
                                             over 60 percent injury
                                             tolerance.
N2R.......................................  Second Quality Medium to
                                             Dark Colored Nondescript
                                             Heavy to medium body and
                                             over 60 percent injury
                                             tolerance.
N2G.......................................  Second Quality Crude Green
                                             Nondescript
                                             Over 60 percent crude
                                             leaves or injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec. 29.3157  Scrap (S Group).

    A by-product of unstemmed and stemmed tobacco. Scrap accumulates 
from handling tobacco in farm buildings, warehouses, packing and 
conditioning plants, and stemmeries.

------------------------------------------------------------------------
                 Grades                   Grade names and specifications
------------------------------------------------------------------------
S......................................  Scrap.
                                          Loose, tangled, whole, or
                                          broken unstemmed leaves, or
                                          web portions of tobacco leaves
                                          reduced to scrap by any
                                          process.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]

                       summary of standard grades



Sec. 29.3181  Summary of standard grades.

                           14 Grades of Flying
X1L                X5L                X4F               X4G
X2L                X1F                X5F               X5G
X3L                X2F                X4M
X4L                X3F                X5M
------------------------------------------------------------------------


                      21 Grades of Lugs or Cutters
C1L                C2F                C5K               C5V
C2L                C3F                C3M               C4G
C3L                C4F                C4M               C5G
C4L                C5F                C5M
C5L                C3K                C3V
C1F                C4K                C4V
------------------------------------------------------------------------


                            39 Grades of Leaf
       B1F         B3FR               B3K               B3VR
       B2F         B4FR               B4K               B4VR
       B3F         B5FR               B5K               B5VR
       B4F         B1R                B2M               B3GF
       B5F         B2R                B3M               B4GF
       B2FL        B3R                B4M               B5GF
       B3FL        B4R                B5M               B3GR
       B4FL        B5R                B3VF              B4GR
       B1FR        B4D                B4VF              B5GR
       B2FR        B5D                B5VF              ................
------------------------------------------------------------------------


                            21 Grades of Tips
T3F                T3R                T5K               T5GF
T4F                T4R                T4VF              T4GR
T5F                T5R                T5VF              T5GR
T3FR               T4D                T4VR              ................
T4FR               T5D                T5VR              ................
T5FR               T4K                T4GF              ................
------------------------------------------------------------------------


                         8 Grades of Mixed Group
M3F                M5F                M4FR              M4K
M4F                M3FR               M5FR              M5K
------------------------------------------------------------------------


                         7 Grades of Nondescript
N1L                N1R                N2L               N2G
N1F                N1G                N2R               ................
------------------------------------------------------------------------


                            1 Grade of Scrap
                   .................  S                 ................
------------------------------------------------------------------------

    Special factors ``U'', ``W'' and ``S'' may be applied to all grades. 
Tobacco not covered by the standard grades is designated by No-G or No-
G-Nested.

[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 47 
FR 51722, Nov. 17, 1982; 49 FR 16758, Apr. 20, 1984; 51 FR 40407, Nov. 
7, 1986]

[[Page 139]]

                       Key to Standard Grademarks



Sec. 29.3182  Key to standard grademarks.

                                 Groups

X--Flyings.
C--Lugs or Cutters
B--Leaf.
T--Tips.
M--Mixed.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.
4--Fair.
5--Low.

                                 Colors

L--Buff.
F--Tan.
FL--Tannish buff.
FR--Tannish red.
R--Red.
D--Dark red.
K--Variegated.
M--Mixed.
V--Greenish.
VF--Greenish tan.
VR--Greenish red.
G--Green.
GF--Green tan.
GR--Green red.

[24 FR 8771, Oct. 29, 1959, as amended at 51 FR 40407, Nov. 7, 1986]

Official Standard Grades for Dark Air-Cured Tobacco (U.S. Types 35, 36, 
                         37 and Foreign Type 95)

    Authority: Sections 29.3501 to 29.3686 issued under 7 U.S.C. 511m 
and 511r.

    Source: Sections 29.3501 to 29.3686 appear at 30 FR 9207, July 23, 
1965, unless otherwise noted.

                               definitions



Sec. 29.3501  Definitions.

    As used in Sec. Sec. 29.3501 to 29.3686, the words and phrases 
hereinafter defined shall have the indicated meanings so assigned.



Sec. 29.3502  Air-cured.

    Tobacco cured under natural atmospheric conditions without the use 
of fire, except for the purpose of preventing pole-burn in damp weather.



Sec. 29.3503  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec. 29.3504  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of Quality, Sec. 29.3586.)



Sec. 29.3505  Brown colors.

    A group of colors ranging from a light brown to a dark brown. These 
colors vary from medium to low saturation and from medium to very low 
brillance. As used in these standards, the colors are expressed as light 
brown (L), medium brown (F), reddish brown (R), and dark brown (D).



Sec. 29.3506  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec. 29.3507  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec. 29.3605.)



Sec. 29.3508  Color.

    The third factor of a grade based on the relative hues, saturations 
or chromas, and color values common to the type.



Sec. 29.3509  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to all colors except green. (See Elements 
of Quality, Sec. 29.3586.)



Sec. 29.3510  Color symbols.

    As applied to Dark Air-cured tobacco, color symbols are L--light 
brown, F--medium brown, R--reddish brown, D--dark brown, M--mixed, and 
G--green.



Sec. 29.3511  Condition.

    The state of tobacco which results from the method of preparation or

[[Page 140]]

from the degree of fermentation. Words used to describe the condition of 
tobacco are: Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec. 29.3512  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
firekill, sunburn, or sunscald. Any leaf which is crude to the extent of 
20 percent or more of its leaf surface may be described as crude. (See 
Rule 20, Sec. 29.3621.)



Sec. 29.3513  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec. 29.3514  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
24, Sec. 29.3625.)



Sec. 29.3515  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 24, Sec. 29.3625.)



Sec. 29.3516  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See Elements of Quality, Sec. 29.3586.)



Sec. 29.3517  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See Elements of 
Quality, Sec. 29.3586.)



Sec. 29.3518  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, and rubber bands. Abnormal amounts of dirt or sand are also 
included. (See Rule 24, Sec. 29.3625.)



Sec. 29.3519  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec. 29.3520  Grade.

    A subdivision of a type according to group, quality, and color.



Sec. 29.3521  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, third quality, and dark-brown color.



Sec. 29.3522  Green (G).

    A term applied to green-colored, immature, or crude tobacco. Any 
leaf which has a green color affecting 20 percent or more of its leaf 
surface may be described as green. (See Rule 19, Sec. 29.3620.)



Sec. 29.3523  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position, body, or 
the general quality of the tobacco. Groups in Dark Air-cured types are: 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3524  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage, Sec. 29.3514.) Injury to tobacco may be caused by field 
diseases, insects, or weather conditions; insecticides, fungicides, or 
cell growth inhibitors; nutritional deficiencies or cesses; or improper 
fertilizing, harvesting, curing, or handling. Injured tobacco includes 
dead, burned, hail-cut torn, broken, frostbitten, sunburned, sunscalded, 
scorched, fire-killed, bulk-burnt, steam-burnt, house-burnt bleached, 
bruised, discolored, or deformed leaves; or tobacco affected by wildfire 
rust, frogeye, mosaic, root rot, wilt, black shank, or other diseases. 
(See Rule 15, Sec. 29.3616.)



Sec. 29.3525  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall

[[Page 141]]

describe the divided unit of a whole leaf.

[49 FR 16759, Apr. 20, 1984]



Sec. 29.3526  Leaf scrap.

    A byproduct of unstemmed tobacco Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3527  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
Elements of Quality, Sec. 29.3586.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3528  Leaf surface.

    The roughness or smoothness of the web or lamina of a tobacco leaf. 
Leaf surface is affected to some extent by the size and shrinkage of the 
veins or fibers (See Elements of Quality, Sec. 29.3586.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3529  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. (See Standard Tobacco Sizes, Sec. 29.3591.)

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3530  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3531  Maturity.

    The degree of ripeness. (See Elements of Quality, Sec. 29.3586, and 
Rule 16, Sec. 29.3617.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3532  Mixed (M).

    Variegated or distinctly different colors of the type mingled 
together. (See Rules 17, Sec. 29.3618; 18, Sec. 29.3619.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3533  Nested.

    Any lot of Types 35, 36 and 37 tobacco which has been loaded, 
packed, or arranged to conceal foreign matter or tobacco of inferior 
grade, quality, or condition. Nested includes:
    (a) Any lot of tobacco which contains foreign matter or damaged, 
injured, tangled, or other inferior tobacco, any of which cannot be 
readily detected upon inspection because of the way the lot is packed or 
arranged; (b) any lot of tied tobacco which contains foreign matter in 
the inner portions of the hands or which contains foreign matter in the 
heads under the tie leaves; (c) any lot of tied tobacco in which the 
leaves on the outside of the hands are placed or arranged to conceal 
inferior quality leaves on the inside of the hands or which contains wet 
tobacco or tobacco of lower quality in the heads under the tie leaves; 
and (d) any lot of tobacco which consists of distinctly different 
grades, qualities, or conditions and which is stacked or arranged in 
layers with the same kinds together so that the tobacco in the lower 
layer or layers is distinctly inferior in grade, quality, or condition 
from the tobacco in the top or upper layers. (See Rule 24, Sec. 
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec. 29.3534  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, or semicured; tobacco that is damaged 20 percent or 
more, abnormally dirty, extremely wet or watered, contains foreign 
matter, or has an odor foreign to the type. (See Rule 24, Sec. 
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3535  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified

[[Page 142]]

as Dark Air-cured, U.S. Type 35, 36, 37, or Foreign Type 95. (See Rule 
24, Sec. 29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec. 29.3536  Order (case).

    The state of tobacco with respect to its moisture content.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3537  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3538  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspecting. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3539  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality in tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3540  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3541  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3542  Rework.

    Any lot of Types 35, 36, and 37 tobacco which needs to be resorted 
or otherwise reworked to prepare it properly for market in the manner 
which is customary in the type area, including:
    (a) Tobacco which is so mixed that it cannot be classified properly 
in any grade of the type, because the lot contains a substantial 
quantity of two or more distinctly different grades which should be 
separated by sorting;
    (b) Tobacco which contains an abnormally large quantity of foreign 
matter or an unusual number of muddy or extremely dirty leaves which 
should be removed; and
    (c) Tobacco not tied in hands, not packed straight, not properly 
tied, or otherwise not properly prepared for market. (See Rule 24, Sec. 
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec. 29.3543  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, frozen tobacco, and tobacco having frozen 
stems or stems that have not been thoroughly dried in the curing 
process. (See Rule 24, Sec. 29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3544  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3545  Size.

    The length of tobacco leaves. Size does not apply to tobacco in 
strip form. (See Standard Tobacco Sizes Sec. 29.3591.)

[51 FR 40408, Nov. 7, 1986]

[[Page 143]]



Sec. 29.3546  Sound.

    Free of damage.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3547  Special factor.

    A symbol or term authorized to designate a peculiar side or 
characteristic which tends to modify a grade. (See Rules 21, Sec. 
29.3622; 22, Sec. 29.3623; 23, Sec. 29.3624.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3548  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3549  Stem.

    The midrib or large central vein of a tobacco leaf.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3550  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3551  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3552  Subgrade.

    Any grade modified by a special factor symbol.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3553  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3554  Sweating.

    The condition of tobacco in the process of fermentation.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3555  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing, 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cuttings, clippings, trimmings, 
siftings, or dust.

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec. 29.3556  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3557  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3558  Type 35.

    That type of air-cured tobacco commonly known as One Sucker Air-
cured, Kentucky-Tennessee-Indiana One Sucker, or Dark Air-cured One 
Sucker, including the upper Cumberland District One Sucker, and produced 
principally in northern Tennessee, south

[[Page 144]]

central Kentucky, and southern Indiana.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3559  Type 36.

    That type of air-cured tobacco commonly known as Green River, Green 
River Air-cured, or Dark Air-cured of the Henderson and Owensboro 
Districts, and produced principally in the Green River section of 
Kentucky.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3560  Type 37.

    That type of air-cured or sun-cured tobacco commonly known as 
Virginia Sun-cured, Virginia Sun and Air-cured, or Dark Air-cured of 
Virginia, and produced principally in the central section of Virginia 
north of the James River.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3561  Type 95.

    That type of air-cured tobacco commonly known as Foreign-grown Dark 
Air-cured produced in countries other than the United States.

[49 FR 16759, Apr. 20, 1984]



Sec. 29.3562  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3563  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed in grade 
specifications as a percentage. The percentage is applicable to group, 
quality, and color. (See Rule 14, Sec. 29.3615.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3564  Unsound (U).

    Damaged under 20 percent. (See Rule 21, Sec. 29.3622.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3565  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3566  Variegated.

    Any leaf of which 20 percent or more of its leaf surface is off 
brown, grayish, mottled, or bleached and does not blend with the normal 
colors of the type. (See Rules 17, Sec. 29.3618; 18, Sec. 29.3619.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3567  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe- or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22, Sec. 29.3623.) (For extremely wet or 
watered tobacco, see rule 24, Sec. 29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3568  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See Elements of Quality, Sec. 29.3586.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]

                           elements of quality



Sec. 29.3586  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with type, group, and grade.

[[Page 145]]



----------------------------------------------------------------------------------------------------------------
             Elements                                                            Degrees
----------------------------------------------------------------------------------------------------------------
Maturity.........................  Immature..........  Underripe.........  Mature............  Ripe.
Body.............................  ..................  Thin..............  Medium............  Heavy.
Leaf structure...................  ..................  Close.............  Firm..............  Open.
Leaf surface.....................  ..................  Rough.............  Crepy.............  Smooth.
Oil..............................  ..................  Lean..............  Oily..............  Rich.
Finish...........................  ..................  Dull..............  Normal............  Clear.
Color intensity..................  ..................  Pale..............  Moderate..........  Deep.
Elasticity.......................  ..................  Inelastic.........  Semielastic.......  Elastic.
Width............................  ..................  Narrow............  Normal............  Spready.
Uniformity.......................  ..................  (\1\).............  (\1\).............  (\1\).
Injury tolerance.................  ..................  (\1\).............  (\1\).............  (\1\).
----------------------------------------------------------------------------------------------------------------
\1\ Expressed in percentage.

                                  sizes



Sec. 29.3591  Standard tobacco sizes.\1\

------------------------------------------------------------------------
                             Inches                                Sizes
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40408, Nov. 7, 1986]

                                  rules



Sec. 29.3601  Rules.

    The application of Sec. Sec. 29.3501 to 29.3568, Sec. 29.3591, 
Sec. Sec. 29.3646 to 29.3648, Sec. Sec. 29.3650 to 29.3652 and 29.3681 
shall be in accordance with the following rules.

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3602  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec. 29.3603  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec. 29.3604  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least three breaks from which a representative sample shall be selected. 
The sample shall include tobacco of each different group, quality, 
color, length, and kind found in the lot in proportion to the quantities 
of each contained in the lot.

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3605  Rule 4.

    All standard grades must be clean.



Sec. 29.3606  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec. 29.3607  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec. 29.3608  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.

[[Page 146]]



Sec. 29.3609  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.3610  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec. 29.3611  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3612  Rule 11.

    Interpretations, the use of specifications, and the meaning of the 
terms shall be in accordance with determinations or clarifications made 
by the Chief of the Standards and Testing Branch and approved by the 
Director.



Sec. 29.3613  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec. 29.3614  Rule 13.

    Length shall be stated in connection with each grade of the A, B, 
and C groups, except strip grades, and may be stated in connection with 
grades of other groups. For this purpose, the standard tobacco sizes 
shall be used. (See Applicable Standard Sizes, Sec. 29.3681.)

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3615  Rule 14.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. The minor portion must be closely related 
but may be of a different group, quality, and color from the major 
portion. These percentages shall not affect limitations established by 
other rules.



Sec. 29.3616  Rule 15.

    The application of injury as an element of quality shall be 
expressed in terms of a percentage of tolerance. The appraisal of injury 
shall be based upon the percentage of affected leaf surface or the 
degree of injury. In appraising injury, consideration shall be given to 
the normal characteristics of the group as related to injury.



Sec. 29.3617  Rule 16.

    Normal injury associated with ripeness shall be excluded from injury 
tolerance except when such injury is considered detrimental to the 
quality of the tobacco.



Sec. 29.3618  Rule 17.

    Any lot of tobacco which is not green but contains over 30 percent 
of variegated leaves shall be described as ``variegated'' and designated 
by the color symbol ``M.'' Variegated leaves may be included in any 
group to the following extent: In the third quality, 10 percent; in the 
fourth quality, 20 percent; and in the fifth quality, 30 percent.



Sec. 29.3619  Rule 18.

    Any lot of tobacco of the B, C, or X groups shall be classified as 
``mixed'' and designated by the color symbol ``M'' when it is not green 
but contains (a) over 30 percent of colors distinctly different from the 
major color or (b) over 30 percent of a combination of variegated and 
colors distinctly different from the major color mingled together.

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3620  Rule 19.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbol ``G.''



Sec. 29.3621  Rule 20.

    Crude leaves shall not be included in any grade of any color except 
the

[[Page 147]]

fourth and fifth qualities of the B, C, and X groups in green color. Any 
lot containing 20 percent or more of crude leaves shall be designated as 
Nondescript.

[51 FR 40408, Nov. 7, 1986]



Sec. 29.3622  Rule 21.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec. 29.3623  Rule 22.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec. 29.3624  Rule 23.

    Special factors ``BH'' (big heads) and ``BL'' (broad leaf) shall be 
used as follows: ``BH'' in types 35 and 36 to designate tobacco tied in 
extremely big hands and ``BL'' in type 35 to designate broad leaf 
tobacco.



Sec. 29.3625  Rule 24.

    Tobacco shall be designated as No Grade, using the grademark ``No-
G,'' when it is dirty, nested, offtype, semicured, damaged 20 percent or 
more, extremely wet or watered, or when it needs to be reworked, 
contains foreign matter, or has an odor foreign to the type.



Sec. 29.3626  Rule 25.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16759, Apr. 20, 1984]

                                 grades



Sec. 29.3646  Wrappers (A Group).

    This group consists of leaves from the Heavy Leaf and the Thin Leaf 
groups. Cured leaves of the A group are very elastic, have small- to 
medium-sized and blending fibers, and show a low percentage of injury 
affecting wrapper yield.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
A1F.......................................  Choice Quality Medium-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity
                                             elastic, spready, and 20
                                             percent of leaves not lower
                                             than B2 or C2.
A2F.......................................  Fine Quality Medium-brown
                                             Wrappers
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready and 30
                                             percent of leaves not lower
                                             than B2 or C2.
A3F.......................................  Good Quality Medium-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity, elastic,
                                             normal width, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
A1R.......................................  Choice Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready, and 20
                                             percent of leaves not lower
                                             than B2 or C2.
A2R.......................................  Fine Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready and 30
                                             percent of leaves not lower
                                             than B2 or C2.
A3R.......................................  Good Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity, elastic,
                                             normal width, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3647  Heavy Leaf (B Group).

    This group consists of leaves which are medium to heavy in body and 
show little or no ground injury.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
B1F.......................................  Choice Quality Medium-brown
                                             Heavy Leaf.
                                             Ripe medium body, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity,
                                             semielastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2F.......................................  Fine Quality Medium-brown
                                             Heavy Leaf.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             semielastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B3F.......................................  Good Quality Medium-brown
                                             Heavy Leaf.
                                             Mature, medium body, firm
                                             leaf structure, crepy,
                                             oily, normal finish,
                                             moderate color intensity,
                                             semielastic, normal width
                                             80 percent uniform, and 20
                                             percent injury toleance.
B4F.......................................  Fair Quality Medium-brown
                                             Heavy Leaf.
                                             Mature, medium body, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5F.......................................  Low Quality Medium-brown
                                             Heavy Leaf.

[[Page 148]]

 
                                             Underripe, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, pale color
                                             intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B1R.......................................  Choice Quality Reddish-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity,
                                             semielastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2R.......................................  Fine Quality Reddish-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B3R.......................................  Good Quality Reddish-brown
                                             Heavy Leaf.
                                             Mature, heavy, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4R.......................................  Fair Quality Reddish-brown
                                             Heavy Leaf.
                                             Mature, heavy, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5R.......................................  Low Quality Reddish-brown
                                             Heavy Leaf.
                                             Underripe, heavy, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B1D.......................................  Choice Quality Dark-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, normal finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2D.......................................  Fine Quality Dark-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, normal finish, deep
                                             color intensity, semi
                                             elastic, spready 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B3D.......................................  Good Quality Dark-brown
                                             Heavy Leaf.
                                             Mature, heavy, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4D.......................................  Fair Quality Dark-brown
                                             Heavy Leaf.
                                             Mature, heavy, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5D.......................................  Low Quality Dark-brown Heavy
                                             Leaf.
                                             Underripe, heavy, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B3M.......................................  Good Quality Mixed Heavy
                                             Leaf.
                                             Mature, medium body, firm
                                             leaf structure, crepy,
                                             oily, normal finish,
                                             moderate color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Quality Mixed Heavy
                                             Leaf.
                                             Mature, medium body, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5M.......................................  Low Quality Mixed Heavy
                                             Leaf.
                                             Underripe, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, pale color
                                             intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B3G.......................................  Good Quality Green Heavy
                                             Leaf.
                                             Underripe, heavy, firm leaf
                                             structure crepy, oily,
                                             normal finish, semielastic,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4G.......................................  Fair Quality Green Heavy
                                             Leaf.
                                             Immature, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, inelastic, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B5G.......................................  Low Quality Green Heavy
                                             Leaf.
                                             Immature, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, inelastic, narrow,
                                             60 percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3648  Thin Leaf (C Group).

    This group consists of leaves that are thin to medium in body and 
show little or no ground injury.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
C1L.......................................  Choice Quality Light-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semi elastic,
                                             spready, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C2L.......................................  Fine Quality Light-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             spready, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C3L.......................................  Good Quality Light-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4L.......................................  Fair Quality Light-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5L.......................................  Low Quality Light-brown Thin
                                             Leaf
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C1F.......................................  Choice Quality Medium-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C2F.......................................  Fine Quality Medium-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C3F.......................................  Good Quality Medium-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4F.......................................  Fair Quality Medium-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.

[[Page 149]]

 
C5F.......................................  Low Quality Medium-brown
                                             Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C1R.......................................  Choice Quality Reddish-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C2R.......................................  Fine Quality Reddish-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C3R.......................................  Good Quality Reddish-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4R.......................................  Fair Quality Reddish-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5R.......................................  Low Quality Reddish-brown
                                             Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3M.......................................  Good Quality Mixed Thin
                                             Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity, semi
                                             elastic, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4M.......................................  Fair Quality Mixed Thin
                                             Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5M.......................................  Low Quality Mixed Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3G.......................................  Good Quality Green Thin
                                             Leaf.
                                             Underripe, medium body,
                                             firm leaf structure, crepy,
                                             oily, normal finish,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4G.......................................  Fair Quality Green Thin
                                             Leaf.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5G.......................................  Low Quality Green Thin Leaf.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3649  [Reserved]



Sec. 29.3650  Lugs (X Group).

    This group consists of leaves that normally grow on the lower 
portions of the stalk. Leaves of the X group usually have a high degree 
of maturity and show ground and other injury characteristic of the 
group.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
X1L.......................................  Choice Quality Light-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X2L.......................................  Fine Quality Light-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
X3L.......................................  Good Quality Light-brown
                                             Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4L.......................................  Fair Quality Light-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5L.......................................  Low Quality Light-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X1F.......................................  Choice Quality Medium-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X2F.......................................  Fine Quality Medium-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
X3F.......................................  Good Quality Medium-brown
                                             Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4F.......................................  Fair Quality Medium-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5F.......................................  Low Quality Medium-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X1R.......................................  Choice Quality Reddish-brown
                                             Lugs.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity,
                                             semielastic, normal width,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X2R.......................................  Fine Quality Reddish-brown
                                             Lugs.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity,
                                             semielastic, normal width,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
X3R.......................................  Good Quality Reddish-brown
                                             Lugs.
                                             Mature, medium body, firm
                                             leaf structure, crepy, lean
                                             in oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4R.......................................  Fair Quality Reddish-brown
                                             Lugs.

[[Page 150]]

 
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5R.......................................  Low Quality Reddish-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3D.......................................  Good Quality Dark-brown
                                             Lugs.
                                             Mature, medium body, firm
                                             leaf structure, crepy, lean
                                             in oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4D.......................................  Fair Quality Dark-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5D.......................................  Low Quality Dark-brown Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3M.......................................  Good Quality Mixed Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4M.......................................  Fair Quality Mixed Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5M.......................................  Low Quality Mixed Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3G.......................................  Good Quality Green Lugs.
                                             Underripe, medium body,
                                             firm leaf structure, crepy,
                                             lean in oil, normal finish,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4G.......................................  Fair Quality Green Lugs.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Quality Green Lugs.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3651  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lower grade of any 
other group except Scrap.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
N1L.......................................  First Quality Light-colored
                                             Nondescript.
                                             Thin to medium body and 60
                                             percent injury tolerance.
N2L.......................................  Second Quality Light-colored
                                             Nondescript.
                                             Thin to medium body and
                                             over 60 percent injury
                                             tolerance.
N1R.......................................  First Quality Dark-colored
                                             Nondescript.
                                             Thin to heavy body and 60
                                             percent injury tolerance.
N2R.......................................  Second Quality Dark-colored
                                             Nondescript.
                                             Thin to heavy body and over
                                             60 percent injury
                                             tolerance.
N1G.......................................  First Quality Crude Green
                                             Nondescript
                                             60 percent crude leaves or
                                             injury tolerance.
N2G.......................................  Second Quality Crude Green
                                             Nondescript.
                                             Over 60 percent crude
                                             leaves or injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec. 29.3652  Scrap (S Group).

    A byproduct of stemmed and unstemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
 Grades                    Grade name and specifications
------------------------------------------------------------------------
      S   Scrap.
          Loose, tangled, whole, or broken unstemmed leaves; or the web
           portions of tobacco leaves reduced to scrap by any process.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]

                       summary of standard grades



Sec. 29.3676  Summary of standard grades.

                          6 Grades of Wrappers
------------------------------------------------------------------------
               A1F            A1R            .............  ............
               A2F            A2R            .............  ............
               A3F            A3R            .............  ............
--------------
                         21 Grades of Heavy Leaf
------------------------------------------------------------------------
B1F            B1R            B1D            .............  ............
B2F            B2R            B2D            .............  ............
B3F            B3R            B3D            B3M            B3G
B4F            B4R            B4D            B4M            B4G
B5F            B5R            B5D            B5M            B5G
--------------
                         21 Grades of Thin Leaf
------------------------------------------------------------------------
C1L            C1F            C1R            .............  ............
C2L            C2F            C2R            .............  ............
C3L            C3F            C3R            C3M            C3G
C4L            C4F            C4R            C4M            C4G
C5L            C5F            C5R            C5M            C5G
------------------------------------------------------------------------


                            24 Grades of Lugs
------------------------------------------------------------------------
X1L        X1F        X1R        .........  ........  ........
X2L        X2F        X2R        .........  ........  ........

[[Page 151]]

 
X3L        X3F        X3R        X3D        X3M       X3G
X4L        X4F        X4R        X4D        X4M       X4G
X5L        X5F        X5R        X5D        X5M       X5G
------------------------------------------------------------------------


                         6 Grades of Nondescript
------------------------------------------------------------------------
               N1L            N1R            N1G            ............
               N2L            N2R            N2G            ............
--------------
                            1 Grade of Scrap
------------------------------------------------------------------------
               .............  S              .............  ............
------------------------------------------------------------------------

    Special factors ``U'', ``W'', and ``S'' may be applied to all grades 
in all types, ``BH'' to grades in types 35 and 36, and ``BL'' to type 
35. Tobacco not covered by the standard grades is designated ``No-G.''

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984; 51 
FR 40408, Nov. 7, 1986]

                        Applicable Standard Sizes



Sec. 29.3681  Applicable standard sizes.

                         Types 35, 36, 37 and 95
---------------------------------------------------------------
A1, A2, A3....................................................      2, 3
B1, B2, B3, B4, B5............................................   1, 2, 3
C1, C2, C3, C4, C5............................................   1, 2, 3
---------------------------------------------------------------
 


[51 FR 40408, Nov. 7, 1986]

                       Key to Standard Grademarks



Sec. 29.3686  Key to standard grademarks.

------------------------------------------------------------------------
              Group                    Qualities            Colors
------------------------------------------------------------------------
A--Wrappers.....................  1--Choice.........  L--Light brown
B--Heavy Leaf...................  2--Fine...........  F--Medium brown
C--Thin Leaf....................  3--Good...........  R--Reddish brown
X--Lugs.........................  4--Fair...........  D--Dark brown
N--Nondescript..................  5--Low............  M--Mixed
S--Scrap........................  ..................  G--Green
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 51 FR 40408, Nov. 7, 1986]

Official Standard Grades for Wisconsin Cigar-Binder Tobacco (U.S. Types 
                             54 and 55) \1\
---------------------------------------------------------------------------

    \1\ These standards also apply to Type 53 Havana seed tobacco.
---------------------------------------------------------------------------

                               Definitions



Sec. 29.6001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.6002  Air-cured.

    Tobacco cured under natural atmospheric conditions. Artificial heat 
sometimes is used to control excess humidity during the curing period to 
prevent pole-sweat, pole-burn, and shed-burn in damp weather. Air-cured 
tobacco should not carry the odor of smoke or fumes resulting from the 
application of artificial heat.



Sec. 29.6003  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart.)



Sec. 29.6004  Burn.

    The duration of combustion or length of time that a tobacco leaf 
will hold fire after ignition. (See Rule 18.)



Sec. 29.6005  Case (order).

    The state of tobacco with respect to its moisture content.



Sec. 29.6006  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec. 29.6007  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more sand or dirt than those from higher stalk 
positions. (See Rule 4.)



Sec. 29.6008  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec. 29.6009  Crude.

    A subdegree of maturity. (See Rule 15.)



Sec. 29.6010  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec. 29.6011  Damage.

    The effect of mold, must, rot, black rot or other fungus or 
bacterial diseases which attack tobacco in its cured

[[Page 152]]

state. Tobacco having the odor of mold, must or rot is considered 
damaged. (See Rule 17.)



Sec. 29.6012  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 17.)



Sec. 29.6013  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart.)



Sec. 29.6014  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec. 29.6081.



Sec. 29.6015  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, and rubber bands. (See Rule 17.)



Sec. 29.6016  Form.

    The stage of preparation of tobacco such as stemmed or unstemmed.



Sec. 29.6017  General quality.

    The quality of tobacco considered in relation to the type as a 
whole. General quality is distinguished from the restricted use of the 
term ``quality'' within a group.



Sec. 29.6018  Grade.

    A subdivision of a type according to group and quality and to other 
characteristics when they are of sufficient importance to be treated 
separately.



Sec. 29.6019  Grademark.

    In these types a grademark normally consists of a letter to indicate 
group and a number to indicate quality. For example, B2 means Binder, 
fair quality.



Sec. 29.6020  Group.

    A type division consisting of one or more grades based on the 
general quality of tobacco. Groups in these types are: Binder (B), 
Stripper (C), Straight Stripped (X), Farm Filler (Y), Nondescript (N), 
and Scrap (S).



Sec. 29.6021  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage.) Injury to tobacco may be caused by field diseases, insects, or 
weather conditions; insecticides, fungicides, or cell growth inhibitors; 
nutritional deficiencies or excesses; or improper fertilization, 
harvesting, curing, or handling. Injured tobacco includes dead, burnt, 
hail-cut, torn, broken, frostbitten, frozen (see Rule 16), sunburned, 
sun-scalded, bulk-burnt, pole-burnt, shed-burnt, pole-sweated, stem-
rotted, bleached, bruised, discolored, or deformed leaves; or tobacco 
affected by wildfire, rust, frogeye, mosaic, root rot, wilt, black 
shank, or other diseases. (See Rule 13.)



Sec. 29.6022  Leaf scrap.

    A byproduct of unstemmed tobacco Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.



Sec. 29.6023  Leaf structure.

    The cell development of a leaf as indicated by its porosity. The 
degrees range from close (slick and tight) to open (porous). (See 
chart.)



Sec. 29.6024  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.



Sec. 29.6025  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec. 29.6026  Maturity.

    The degree of ripeness. (See chart.)



Sec. 29.6027  Nested.

    Any tobacco which has been loaded, packed, or arranged to conceal 
foreign matter or tobacco of inferior grade, quality, or condition. 
Nested includes any lot of tobacco which contains foreign matter or 
damaged, injured, tangled, or other inferior tobacco, any of

[[Page 153]]

which cannot be readily detected upon inspection because of the way the 
lot is packed or arranged. (See Rule 17.)



Sec. 29.6028  No Grade.

    A designation applied to a lot of tobacco classified as damaged, 
dirty, nested, offtype, semicured, or wet; tobacco that is improperly 
packed, contains foreign matter, or has an odor foreign to the type. 
(See Rules 5 and 17.)



Sec. 29.6029  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Type 53, 54, or 55. (See Rule 17.)



Sec. 29.6030  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec. 29.6031  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.



Sec. 29.6032  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.



Sec. 29.6033  Raw.

    Tobacco as it appears between the time of harvesting and the 
beginning of the curing process.



Sec. 29.6034  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, and tobacco having frozen stems or stems that 
have not been thoroughly dried in the curing process. (See definition of 
No Grade and Rule 17.)



Sec. 29.6035  Side.

    A certain phase of quality as contrasted with some other phase of 
quality or any peculiar characteristic of tobacco.



Sec. 29.6036  Sound.

    Free of damage. (See Rule 4.)



Sec. 29.6037  Stem.

    The midrib or large central vein of a tobacco leaf.



Sec. 29.6038  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.



Sec. 29.6039  Stem rot.

    The deterioration of an uncured or frozen stem resulting from 
bacterial action. Although stem rot results from bacterial action, it is 
inactive in cured tobacco and is treated as a kind of injury in these 
types. (See Rule 14.)



Sec. 29.6040  Strength (tensile).

    The stress a tobacco leaf can bear without tearing. (See chart.)



Sec. 29.6041  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.



Sec. 29.6042  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition sometimes is described as aged.



Sec. 29.6043  Tobacco.

    Tobacco in its unmanufactured forms as it appears between the time 
it is cured and stripped from the stalk, or primed and cured, and the 
time it enters a manufacturing process. Conditioning, sweating, and 
stemming are not regarded as manufacturing processes.



Sec. 29.6044  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.

[[Page 154]]



Sec. 29.6045  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.



Sec. 29.6046  Type 53.

    That type of cigar-leaf tobacco commonly known as York State or 
Havana Seed of New York and Pennsylvania, produced principally in the 
Big Flats and Onondaga sections of New York and extending into 
Pennsylvania.



Sec. 29.6047  Type 54.

    That type of cigar-leaf tobacco commonly known as Southern Wisconsin 
Cigar-leaf or Southern Wisconsin Binder-type, produced principally south 
and east of the Wisconsin River.



Sec. 29.6048  Type 55.

    That type of cigar-leaf tobacco commonly known as Northern Wisconsin 
Cigar-leaf or Northern Wisconsin Binder-type, produced principally north 
and west of the Wisconsin River and extending into Minnesota.



Sec. 29.6049  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.



Sec. 29.6050  Uniformity.

    A grade requirement designating the percentage of a lot which must 
meet the specified degree of each element of quality. (See Rule 12.)



Sec. 29.6051  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.



Sec. 29.6052  Unsweated.

    The condition of cured tobacco which has not been sweated.



Sec. 29.6053  Wet (high-case).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 17.)



Sec. 29.6054  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. (See chart.)

                           Elements of Quality



Sec. 29.6081  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These degrees are arranged 
to show their relative value, but the actual value of each degree varies 
with type and group.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Elements                                                  Degrees
---------------------------------
Body............................  Heavy........................  Medium.......................  Thin.
Maturity........................  Immature.....................  Mature.......................  Ripe.
Leaf structure..................  Close........................  Firm.........................  Open.
Elasticity......................  Inelastic....................  Semielastic..................  Elastic.
Strength (tensile)..............  Weak.........................  Normal.......................  Strong.
Width...........................  Narrow.......................  ......do.....................  Spready.
Length..........................  (\1\)........................  (\1\)........................  (\1\)
Uniformity......................  (\2\)........................  (\2\)........................  (\2\)
Injury tolerance................  (\2\)........................  (\2\)........................  (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentages.


[[Page 155]]

                                  Rules



Sec. 29.6086  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec. 29.6087  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec. 29.6088  Rule 2.

    The determination of grade shall be based upon a representative 
sample or a thorough examination of a packing of tobacco.



Sec. 29.6089  Rule 3.

    The grade of unsorted tobacco shall be based upon a representative 
sample of the packing. A minimum of 10 percent of the bundles or bales 
shall be selected at random for sampling; a higher percentage may be 
sampled at the discretion of the inspector. To obtain the sample, a 
sufficient amount of tobacco shall be drawn to be representative of each 
selected bale. In determining the grade, the inspector shall consider 
the quality of all samples. The grade assigned shall represent the 
quality of the lot as a whole.



Sec. 29.6090  Rule 4.

    Standard grades shall be assigned to clean and sound tobacco only.



Sec. 29.6091  Rule 5.

    Tobacco leaves shall be placed straight in bundles or bales of 
normal weight, size, and shape with the butts out and tips overlapping 
from 6 to 8 inches or sufficiently to make a level, solid, and uniform 
pack. The sides of the bundles shall be completely covered with paper, 
or other suitable protective material, and tightly bound with not less 
than three large twines spaced so that the tobacco will be held securely 
together. Improperly packed tobacco shall be designated as ``No--G.''



Sec. 29.6092  Rule 6.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec. 29.6093  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec. 29.6094  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec. 29.6095  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec. 29.6096  Rule 10.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standardization Branch and approved by the Director of the 
Tobacco Division, Agricultural Marketing Service.



Sec. 29.6097  Rule 11.

    The use of any grade may be restricted by the Director during any 
marketing season when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec. 29.6098  Rule 12.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade; the remaining portion must be related. Grade specifications 
state the minimum acceptable degree of each element of quality. 
Specified percentages of uniformity shall not affect limitations 
established by other rules.

[[Page 156]]



Sec. 29.6099  Rule 13.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury, and consideration shall be given to the kinds of 
injury normal to the group or grade.



Sec. 29.6100  Rule 14.

    Stem rot shall not exceed 40 percent of the specified injury 
tolerance for any grade.



Sec. 29.6101  Rule 15.

    In grade specifications the tolerance of crude shall apply to the 
entire leaf surface of the lot.



Sec. 29.6102  Rule 16.

    In grade specifications frozen shall be treated as a separate kind 
of injury and the tolerance shall apply to the entire leaf surface of 
the lot.



Sec. 29.6103  Rule 17.

    Tobacco shall be designated as No Grade, using the grademark ``No--
G,'' when it is damaged, dirty, nested, offtype, semicured, wet, 
improperly packed, contains foreign matter, or has an odor foreign to 
the type.



Sec. 29.6104  Rule 18.

    Burn shall be determined as the average burning time of leaves 
selected at random from the sample. A minimum of 10 leaves shall be 
selected as representative regardless of the number of bundles or bales 
in the lot. All burn tests shall be made in the bindercutting area on 
the same side of the leaf. The leaf shall be punctured to permit quick 
ignition when placed over a candle, alcohol lamp, or electrical-lighting 
device. Good burn shall average 6 seconds or longer; fair burn, 3 to 5 
seconds; and poor burn, under 3 seconds. B1 and B2 shall require good 
burn and B3, fair burn.

                                 Grades



Sec. 29.6126  Binder (B Group).

    Tobacco of this group is of cigar-binder quality from which trash 
and trashy Farm Fillers have been removed.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
B1............................................  Fine Quality Binder. Thin, ripe, open, elastic, strong, spready,
                                                 and 19 inches or over in length. Uniformity, 90 percent; injury
                                                 tolerance, 10 percent.
B2............................................  Fair Quality Binder. Medium body, ripe, open, semielastic,
                                                 strong, normal width, and 19 inches or over in length.
                                                 Uniformity, 80 percent; injury tolerance, 20 percent.
B3............................................  Low Quality Binder. Medium, ripe, firm, semielastic, normal
                                                 strength and width, and 17 inches or over in length.
                                                 Uniformity, 70 percent; injury tolerance, 30 percent.
----------------------------------------------------------------------------------------------------------------



Sec. 29.6127  Stripper (C Group).

    This group consists of tobacco from which the trash and trashy Farm 
Fillers have been removed but does not meet the specifications of the 
Binder group.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
C1............................................  Fine Quality Stripper. Heavy, ripe, firm, semielastic, normal
                                                 strength and width, and 16 inches or over in length.
                                                 Uniformity, 90 percent; injury tolerance, 10 percent.
C2............................................  Fair Quality Stripper. Heavy, mature, close, inelastic, normal
                                                 strength, narrow, and 16 inches or over in length. Uniformity,
                                                 80 percent. Tolerances: 5 percent crude, 5 percent frozen, and
                                                 20 percent injury.
C3............................................  Low Quality Stripper. Heavy, immature, close, inelastic, weak,
                                                 and narrow. Uniformity, 70 percent. Tolerances: 10 percent
                                                 crude, 10 percent frozen, and 30 percent injury.
----------------------------------------------------------------------------------------------------------------



Sec. 29.6128  Straight Stripped (X Group).

    This group consists of unsorted tobacco from which the trash has 
been removed.

[[Page 157]]



----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
X1............................................  Fine Quality Straight Stripped. Heavy, ripe, firm, semielastic,
                                                 normal strength and width, and 16 inches or over in length.
                                                 Uniformity, 85 percent; injury tolerance, 15 percent.
X2............................................  Fair Quality Straight Stripped. Heavy mature, close, inelastic,
                                                 normal strength, narrow, and 16 inches or over in length.
                                                 Uniformity, 75 percent. Tolerances: 5 percent crude, 5 percent
                                                 frozen, and 25 percent injury.
X3............................................  Low Quality Straight Stripped. Heavy, immature, close,
                                                 inelastic, weak, and narrow. Uniformity, 60 percent.
                                                 Tolerances: 10 percent crude, 10 percent frozen, and 40 percent
                                                 injury.
----------------------------------------------------------------------------------------------------------------



Sec. 29.6129  Farm Filler (Y Group).

    This group consists of tobacco from the lower portion of the stalk 
and may include throw out leaves from the Binder and Stripper groups.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
Y1............................................  Fine Quality Farm Filler. Thin, ripe, open, semielastic, normal
                                                 strength and width, and 12 inches or over in length.
                                                 Uniformity, 85 percent; injury tolerance, 15 percent.
Y2............................................  Fair Quality Farm Filler. Thin, ripe, firm, inelastic, normal
                                                 strength, and narrow. Uniformity, 75 percent. Tolerances: 5
                                                 percent crude, 5 percent frozen, and 25 percent injury.
Y3............................................  Low Quality Farm Filler. Thin, mature, close, inelastic, weak,
                                                 and narrow. Uniformity, 60 percent. Tolerances: 10 percent
                                                 crude, 10 percent frozen, and 40 percent injury.
----------------------------------------------------------------------------------------------------------------



Sec. 29.6130  Nondescript (N Group).

    Tobacco which does not meet the minimum specifications or exceeds 
the tolerance of the lowest grade of any other group.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
N1............................................  First Quality Nondescript. Tolerances: 20 percent crude, 20
                                                 percent frozen, and 60 percent injury.
N2............................................  Second Quality Nondescript. Over 20 percent crude, over 20
                                                 percent frozen, or over 60 percent injury.
----------------------------------------------------------------------------------------------------------------



Sec. 29.6131  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                                    Grade names and specifications
----------------------------------------------------------------------------------------------------------------
S.............................................  Loose, tangled, whole, or broken unstemmed leaves, or the web
                                                 portion of tobacco leaves reduced to scrap by any process.
----------------------------------------------------------------------------------------------------------------

                       Summary of Standard Grades



Sec. 29.6155  Summary of standard grades.

------------------------------------------------------------------------
           Three grades of binder              Three grades of stripper
------------------------------------------------------------------------
B1.........................................  C1
B2.........................................  C2
B3.........................................  C3
------------------------------------------------------------------------


------------------------------------------------------------------------
     Three grades of straight stripped       Three grades of farm filler
------------------------------------------------------------------------
X1.........................................  Y1
X2.........................................  Y2
X3.........................................  Y3
------------------------------------------------------------------------


------------------------------------------------------------------------
         Two grades of nondescript               One grades of scrap
------------------------------------------------------------------------
N1.........................................  S
N2
------------------------------------------------------------------------
Tobacco not covered by standard grades is designated as ``No-G.''

                       Key to Standard Grademarks



Sec. 29.6161  Key to standard grademarks.

------------------------------------------------------------------------
                   Groups                             Qualities
------------------------------------------------------------------------
B--Binder..................................  1--Fine.
C--Stripper................................  2--Fair.
X--Straight Stripped.......................  3--Low.
Y--Farm Filler

[[Page 158]]

 
N--Nondescript
S--Scrap
------------------------------------------------------------------------



           Subpart D_Orders of Designation of Tobacco Markets

    Authority: Sec. 5, 49 Stat. 732, as amended by sec. 157(a)(1), 95 
Stat. 374 (7 U.S.C. 511d).



Sec. 29.8001  Designation of tobacco markets.

    The Act of Congress approved August 23, 1935 (49 Stat. 731; 7 
U.S.C., Chapter 21A) entitled ``The Tobacco Inspection Act'' contains 
the following provisions:

    Sec. 2. That transactions in tobacco involving the sale thereof at 
auction as commonly conducted at auction markets are affected with a 
public interest; that such transactions are carried on by tobacco 
producers generally and by persons engaged in the business of buying and 
selling tobacco in commerce; that the classification of tobacco 
according to type, grade, and other characteristics affects the prices 
received therefor by producers; that without uniform standards of 
classification and inspection the evaluation of tobacco is susceptible 
to speculation, manipulation, and control, and unreasonable fluctuations 
in prices and quality determinations occur which are detrimental to 
producers and persons handling tobacco in commerce; that such 
fluctuations constitute a burden upon commerce and make the use of 
uniform standards of classification and inspection imperative for the 
protection of producers and others engaged in commerce and the public 
interested therein. * * *
    Sec. 5. That the Secretary is authorized to designate those auction 
markets where tobacco bought and sold thereon at auction, or the 
products customarily manufactured therefrom, moves in commerce. Before 
any market is designated by the Secretary under this section he shall 
determine by referendum the desire of tobacco growers who sold tobacco 
at auction on such market during the preceding marketing season. The 
Secretary may at his discretion hold one referendum for two or more 
markets or for all markets in a type area. No market or group of markets 
shall be designated by the Secretary unless two-thirds of the growers 
voting favor it. The Secretary shall have access to the tobacco records 
of the Collector of Internal Revenue and of the several collectors of 
internal revenue for the purpose of obtaining the names and addresses of 
growers who sold tobacco on any auction market, and the Secretary shall 
determine from said records the eligibility of such grower to vote in 
such referendum, and no grower shall be eligible to vote in more than 
one referendum. After public notice of not less than thirty days that 
any auction market has been so designated by the Secretary, no tobacco 
shall be offered for sale at auction on such market until it shall have 
been inspected and certified by an authorized representative of the 
Secretary according to the standards established under this Act, except 
that the Secretary may temporarily suspend the requirement of inspection 
and certification at any designated market whenever he finds it 
impracticable to provide for such inspection and certification because 
competent inspectors are not obtainable or because the quantity of 
tobacco available for inspection is insufficient to justify the cost of 
such service: Provided, That, in the event competent inspectors are not 
available, or for other reasons, the Secretary is unable to provide for 
such inspection and certification at all auction markets within a type 
area, he shall first designate those auction markets where the greatest 
number of growers may be served with the facilities available to him. No 
fee or charge shall be imposed or collected for inspection or 
certification under this section at any designated auction market. 
Nothing contained in this Act shall be construed to prevent transactions 
in tobacco at markets not designated by the Secretary or at designated 
markets where the Secretary has suspended the requirement of inspection 
or to authorize the Secretary to close any market.

                                           Designated Tobacco Markets
----------------------------------------------------------------------------------------------------------------
                                                                               Order of
            Territory              Types of tobaccos    Auction markets       designation          Citation
----------------------------------------------------------------------------------------------------------------
(a) Kentucky-Tennessee..........  Fire-cured, and     Clarksville, Tenn.  June 18, 1936.....  1 FR 757.
                                   Green River Dark   Springfield, Tenn.
                                   Air-cured--Types   Hopkinsville, Ky..
                                   22, 23, 24 and 36. Paducah, Ky.......
                                                      Mayfield, Ky......
                                                      Murray Ky.........
                                                      Madisonville, Ky..
                                                      Henderson, Ky.....

[[Page 159]]

 
(b) Virginia....................  Fire-cured--Type    Lynchburg, Va.....  ......do..........   Do.
                                   21.                Bedford, Va.......
                                                      Farmville, Va.....
                                                      Blackstone, Va....
                                                      Drakes Branch, Va.
(c) South Carolina..............  Flue-cured--Type    Lake City, S. C...  July 1, 1936; as    1 FR 842, 968.
                                   13.                Darlington, S. C..   amended July 15,
                                                      Pamplico, S. C....   1936.
(d) North Carolina..............  Flue-cured--Type    Farmville, N. C...  July 13, 1936.....  1 FR 921.
                                   12.                Goldsboro, N. C...
(e) North Carolina..............  Flue-cured--Type    Oxford, N. C......  Aug. 26, 1936.....  1 FR 1416.
                                   11(b)..
(f) Kentucky....................  Burley--Type 31...  Bowling Green, Ky.  Nov. 14, 1936.....  1 FR 2266.
                                                      Cynthiana, Ky.....
                                                      Horse Cave, Ky....
                                                      Mt. Sterling, Ky..
(g) North Carolina..............  Flue-cured........  Wendell, N. C.....  Sept. 14, 1937....  2 FR 2169.
(h) Kentucky....................  Burley--Type 31...  Danville, Ky......  Dec. 3, 1937......  2 FR 3102.
(i) Virginia....................  Flue-cured........  South Hill, Va....  Aug. 23, 1938.....  3 FR 2074.
(j) Kentucky....................  Green River and     Owensboro, Ky.....  Sept. 9, 1938.....  3 FR 2208.
                                   One-Sucker.
(k) Virginia....................  Burley............  Abingdon, Va......  Nov. 16, 1938.....  3 FR 2734.
 West Virginia..................  ..................  Huntington, W. Va.
 Tennessee......................  ..................  Knoxville, Tenn...
 Kentucky.......................  ..................  Maysville, Ky.....
                                                      Paris, Ky.........
                                                      Springfield, Ky...
 Ohio...........................  ..................  Ripley, Ohio......
(l) Georgia.....................  Flue-cured........  Adel, Ga..........  June 22, 1939.....  4 FR 2476.
                                                      Douglas, Ga.......
                                                      Nashville, Ga.....
(m) North Carolina..............  Flue-cured........  Greenville, N. C..  July 24, 1939.....  4 FR 3421.
(n) Tennessee...................  Fire-cured........  Paris, Tenn.......  Nov. 7, 1939......  4 FR 4537.
 Kentucky.......................  Burley............  Lebanon, Ky.......
                                                      Columbia, Tenn....
                                                      Mt. Pleasant, Tenn
(o) Florida.....................  ..................  Live Oak, Fla.....  ......do..........   Do.
(p) Kentucky....................  All...............  Shelbyville, Ky...  July 17, 1940.....  5 FR 2607.
(q) Georgia.....................  Flue-cured........  Danville, Va......  Aug. 16, 1941.....  6 FR 4111.
 North Carolina.................  ..................  Dillon, S.C.......
 South Carolina.................  ..................  Fuquay Springs-
                                                       Varina, N.C.
 Virginia.......................  ..................  Loris, S.C........
                                                      Reidsville, N.C...
                                                      Robersonville, N.C
                                                      Statesboro, Ga....
                                                      Tarboro, N.C......
                                                      Timmonsville, S.C.
                                                      Williamston, N.C..
(r) Kentucky....................  One-sucker........  Franklin, Ky......  Oct. 9, 1941......  6 FR 5147.
 Tennessee......................  ..................  Mayfield, Ky......
                                                      Russellville, Ky..
                                                      Westmoreland, Tenn
(s) Indiana.....................  Burley............  Asheville, N.C....  Oct. 25, 1941.....  6 FR 5478.
 Kentucky.......................  ..................  Bloomfield, Ky....
 Missouri.......................  ..................  Boone, N.C........
 North Carolina.................  ..................  Camp Taylor, Ky...
 Tennessee......................  ..................  Carrollton, Ky....
                                                      Carthage, Tenn....
                                                      Covington, Ky.....
                                                      Fayetteville, Tenn
                                                      Franklin, Tenn....
                                                      Gallatin, Tenn....
                                                      Glasgow, Ky.......
                                                      Greensburg, Ky....
                                                      Greeneville, Tenn.
                                                      Harrodsburg, Ky...
                                                      Hartsville, Tenn..
                                                      Hopkinsville, Ky..
                                                      Johnson City, Tenn
                                                      Lexington, Ky.....
                                                      Louisville, Ky....
                                                      Madison, Ind......

[[Page 160]]

 
                                                      Morristown, Tenn..
                                                      New Albany, Ind...
                                                      New Tazewell, Tenn
                                                      Owensboro, Ky.....
                                                      Richmond, Ky......
                                                      Rogersville, Tenn.
                                                      Weston, Mo........
(t) Georgia.....................  Flue-cured........  ..................  June 26, 1942.....  7 FR 4811.
 Florida........................  ..................  Ahoskie, N.C......
 North Carolina.................  ..................  Baxley, Ga........
 South Carolina.................  ..................  Blackshear, Ga....
 Virginia.......................  ..................  Brookneal, Va.....
                                  Flue-cured........  ..................
                                                      Chadbourn, N.C....
                                                      Chase City, Va....
                                                      Clarksville, Va...
                                                      Clarkton, N.C.....
                                                      Conway, S.C.......
                                                      Durham, N.C.......
                                                      Fair Bluff, N.C...
                                                      Fairmont, N.C.....
                                                      Hazlehurst, Ga....
                                                      Henderson, N.C....
                                                      Kenbridge, Va.....
                                                      Kingstree, S.C....
                                                      Kinston, N.C......
                                                      Lake City, Fla....
                                                      Lawrenceville, Va.
                                                      Louisburg, N.C....
                                                      Lumberton, N.C....
                                                      Martinsville, Va..
                                                      Moultrie, Ga......
                                                      Mt. Airy, N.C.....
                                                      Mullins, S.C......
                                                      Pelham, Ga........
                                                      Petersburg, Va....
                                                      Rocky Mount, N.C..
                                                      Rocky Mount, Va...
                                                      Roxboro, N.C......
                                                      Sanford, N.C......
                                                      Smithfield, N.C...
                                                      South Boston, Va..
                                                      Tabor City, N.C...
                                                      Tifton, Ga........
                                                      Vidalia, Ga.......
                                                      Wallace, N.C......
                                                      Warrenton, N.C....
                                                      Washington, N.C...
                                                      Waycross, Ga......
                                                      Whiteville, N.C...
                                                      Wilson, N.C.......
                                                      Winston-Salem, N.C
(u) Virginia....................  All...............  Richmond, Va......  Nov. 7, 1942......  7 FR 9107.
(v) Tennessee...................  ......do..........  Springfield and     Sept. 18, 1944....  9 FR 11571.
                                                       Clarksville, Tenn.
(w) Georgia.....................  ......do..........  Quitman, Ga.......  Aug. 28, 1945.....  10 FR 11104.
(x) Georgia.....................  ......do..........  Fitzgerald, Ga....  July 22, 1946.....  11 FR 7967.
(y) North Carolina..............  ......do..........  Clinton, N C......  Aug. 9, 1946......  11 FR 8712.
(z) Kentucky....................  ......do..........  Winchester, Ky....  Oct. 30, 1946.....  11 FR 13099.
(aa) North Carolina.............  ......do..........  Fayetteville, N.C.  June 17, 1947.....  12 FR 4015.
(bb) Maryland...................  ......do..........  Hughesville, La     May 17, 1948......  13 FR 2579.
                                                       Plata, Upper
                                                       Marlboro, and
                                                       Waldorf, Md.
(cc) Florida....................  ......do..........  Jasper, Fla.......  May 27, 1948......  13 FR 2963.
(dd) Georgia....................  ......do..........  Claxton, Ga.......  July 30, 1948.....  13 FR 4498.
(ee) Kentucky...................  ......do..........  London, Ky........  Oct. 25, 1948.....  13 FR 6349.
(ff) North Carolina.............  ......do..........  West Jefferson,     ......do..........  13 FR 6348.
                                                       N.C.
(gg) North Carolina.............  ......do..........  Dunn, N.C.........  July 15, 1949.....  14 FR 4514.
(hh) North Carolina.............  ......do..........  Ellerbe, N.C......  Aug. 25, 1949.....  14 FR 5364.
(ii) Kentucky, Tennessee........  ......do..........  Somerset, Ky......  Oct. 7, 1949......  14 FR 6193.
                                                      Sparta, Tenn......

[[Page 161]]

 
(jj) North Carolina.............  ......do..........  Greensboro, N.C...  June 16, 1950.....  15 FR 3980.
 South Carolina.................  ..................  Windsor, N.C......
 Georgia........................  ..................  Hemingway, S.C....
                                                      Sylvester, Ga.....
(kk) Kentucky...................  All...............  Franklin, Ky......  June 21, 1950.....  15 FR 4072.
                                                      Russellville, Ky..
                                                      Scottsville, Ky...
(ll) Tennessee, Virginia........  ......do..........  Sweetwater, Tenn..  July 18, 1950.....  15 FR 4675.
                                                      Pennington Gap, Va
(mm) Kentucky...................  ......do..........  Mayfield, Ky......  Oct. 19, 1950.....  15 FR 7117.
                                                      Murray, Ky........
                                                      Paducah, Ky.......
(nn) South Carolina.............  ......do..........  Lamar, S.C........  May 28, 1951......  16 FR 5108.
(oo) Tennessee..................  ......do..........  Mountain City,      Nov. 1, 1951......  16 FR 11260.
                                                       Tenn.
(pp) Florida....................  ......do..........  High Springs......  June 2, 1954......  19 FR 3211.
(qq) Tennessee..................  ......do..........  Newport...........  Oct. 27, 1954.....  19 FR 6878.
(rr) Georgia....................  ......do..........  Alma and Pearson..  May 13, 1955......  20 FR 3252.
(ss) Kentucky...................  ......do..........  Henderson, Ky.....  Oct. 29, 1942.....  20 FR 8142.
 Virginia.......................  ..................  Gate City, Va.....
(tt) Florida....................  All...............  Madison, Fla......  July 6, 1956......  21 FR 4998.
 Georgia........................  ..................  Swainsboro, Ga....
                                                      Thomasville, Ga...
(uu) Kentucky...................  All...............  Morehead..........  June 18, 1958.....  23 FR 4377.
(vv) North Carolina.............  ......do..........  Yadkinville, N.C..  April 15, 1970....  35 FR 6107.
(ww) North Carolina.............  Flue-Cured........  Mebane-Burlington.  Mar. 11, 1983.....  48 FR 10291.
(xx) Georgia....................  Flue-Cured........  Valdosta-Hahira...  Apr. 19, 1985.....  50 FR 15537.
(yy) Virginia...................  Type 37...........  Farmville.........  Oct. 9, 1985......  50 FR 41127.
(zz) Georgia....................  Flue-Cured........  Baxley-Hazlehurst.  July 6, 1987......  52 FR 25199.
(aaa) South Carolina............  Flue-Cured........  Darlington-         July 6, 1987......  52 FR 25200.
                                                       Timmonsville.
(bbb) North Carolina............  Flue-Cured........  Carthage-Aberdeen.  Aug. 30, 1988.....  53 FR 33097.
(ccc) North Carolina............  Flue-cured........  Stoneville-Madison  Aug. 2, 1989......  54 FR 31797.
(ddd) Georgia...................  Flue-Cured........  ..................  Sept. 4, 1990.....  55 FR 35886.
(eee) Georgia...................  Flue-Cured........  Metter............  Sept. 4, 1990.....  55 FR 35885.
(fff) Georgia...................  Flue-Cured........  Fitzgerald-Ocilla.  May 29, 1991......  56 FR 19541.
(ggg) North Carolina............  Flue-cured........  Windsor-            June 27, 1994.....  59 FR 27215.
                                                       Williamston-
                                                       Robersonville.
(hhh) Georgia...................  Flue-Cured........  Tifton-Fitzgerald-  Apr. 6, 1995......  60 FR 12398.
                                                       Ocilla.
(iii) South Carolina............  Flue-Cured........  Kingstree-          Apr. 6 1995.......  60 FR 12399.
                                                       Hemingway.
(jjj) North Carolina............  Flue-Cured........  Clarkton-Chadbourn  Apr. 6, 1995......  60 FR 12400.
(kkk) North Carolina............  Flue-Cured........  Fairmont-Fair       Apr. 6, 1995......  60 FR 12401.
                                                       Bluff.
(lll) North Carolina............  Flue-cured........  Sanford-Carthage-   July 5, 1996......  61 FR 27997.
                                                       Aberdeen.
(mmm) Kentucky..................  Burley............  Horse Cave-Glasgow- July 15, 1996       61 FR 29924.
                                                       Greensburg, KY.
(nnn) North Carolina, Tennessee.  Burley............  Boone-West          July 15, 1996       61 FR 29923.
                                                       Jefferson-
                                                       Mountain City.
(ooo) North Carolina............  Flue-Cured........  Tabor City-         June 5, 1997        62 FR 24559.
                                                       Whiteville.
(ppp) Virginia..................  Flue-Cured........  Clarksville-Chase   July 1, 1998        63 FR 29529.
                                                       City.
(qqq) North Carolina, South       Flue-Cured........  Fairmont-Fair       October 22, 2001..  66 FR 53076.
 Carolina.                                             Bluff-Loris.
----------------------------------------------------------------------------------------------------------------


[1 FR 649, June 23, 1936. Redesignated at 14 FR 465, Feb. 3, 1949, and 
further redesignated at 24 FR 2776, Apr. 10, 1959, as amended at 35 FR 
6107, Apr. 15, 1970; 45 FR 36957, Oct. 16, 1974; 48 FR 10291, Mar. 11, 
1983; 50 FR 15537, Apr. 19, 1985; 50 FR 41127, Oct. 9, 1985; 52 FR 
25199, 25200, July 6, 1987; 53 FR 33097, Aug. 30, 1988; 54 FR 31797, 
Aug. 2, 1989; 55 FR 35885, 35886 Sept. 4, 1990; 56 FR 19541, Apr. 29, 
1991; 59 FR 27215, May 26, 1994; 60 FR 12398, 12399, 12400, and 12401, 
Mar. 7, 1995; 61 FR 29923, 29924, June 13, 1996; 61 FR 37351, July 18, 
1996; 62 FR 24559, May 6, 1997; 63 FR 29529, June 1, 1998; 66 FR 53075, 
Oct. 19, 2001]

[[Page 162]]

Subpart E [Reserved]



Subpart F_Policy Statement and Regulations Governing the Identification 
 and Certification of Nonquota Tobacco Produced and Marketed in a Quota 
                                  Area

    Authority: Pub. L. 97-98, 95 Stat. 1266, as amended (7 U.S.C. 
1314f).

    Source: 47 FR 8980, Mar. 3, 1982, unless otherwise noted.

                               definitions



Sec. 29.9201  Terms defined.

    As used in this subpart and in all instructions, forms, and 
documents in connection therewith, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec. 29.9202  Approved receiving station.

    Points approved by the Director at which tobacco is offered for 
marketing or shipment into commerce including tobacco auction 
warehouses, packing houses, prizeries, or places where tobacco is 
handled or stored.



Sec. 29.9203  Certification.

    The documentation of class or type, weight, or other tobacco 
characteristics as required in Sec. 29.9263.



Sec. 29.9204  Crop-lot.

    The assemblage of individual lots representing the season's 
production of each kind or type of nonquota tobacco produced on an 
individual farm.



Sec. 29.9205  Identification number (farm serial number).

    The serial number assigned to an individual farm by the appropriate 
office of the Agricultural Stabilization and Conservation Service.



Sec. 29.9206  Inspection.

    The examination by an inspector of a lot or crop-lot of tobacco to 
make determinations necessary for proper certification.



Sec. 29.9207  Nonquota tobacco.

    Any kind or type of tobacco not subject to production and/or 
marketing limitations or restrictions under regulations issued by the 
Agricultural Stabilization and Conservation Service.



Sec. 29.9208  Permissive inspection.

    Permissive inspection consists of inspecting and certificating 
tobacco, upon the request of an interested party.



Sec. 29.9209  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec. 29.9210  Office of inspection.

    A field office of the inspection service of the Tobacco Division.

                            policy statement



Sec. 29.9221  Policy statement.

    Public Law 97-98 enacted on December 22, 1981, amended section 320 
of the Agricultural Adjustment Act of 1938, to preserve the 
effectiveness of the tobacco program by discouraging the production of 
tobacco not under quota in states where tobacco farmers have elected to 
comply with marketing quotas. Under the amendment, any tobacco 
represented by the producer as nonquota which is produced in a state 
where producers have approved marketing quotas shall be determined to be 
subject to marketing quotas for the quota tobacco produced in that state 
having the highest price support, with the specific exemptions provided 
for in section 320(b) and set out in 7 CFR parts 724, 725, and 726 of 
these regulations. The regulations in this subpart set out procedures 
for requesting a Tobacco Classification Certificate which would certify 
that the inspected tobacco is readily and distinguishably different from 
all kinds of quota tobacco, as determined through application of the 
standards for inspection and identification of tobacco.

                             administration



Sec. 29.9231  Administration.

    The Director, Tobacco Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington,

[[Page 163]]

DC, 20250, is charged with the supervision of the Division and the 
performance of all duties assigned thereto in the administration of the 
act. The conduct of all services and the licensing or employment of 
inspection/grading/sampling personnel under these regulations shall be 
accomplished without discrimination as to race, color, creed, sex, or 
national origin. Information concerning such administration may be 
obtained from the Director.



Sec. 29.9232  Where certification is available.

    Nonquota tobacco may be inspected and certified by class or type, 
upon request of an interested party, when the tobacco is displayed at an 
approved receiving station where the tobacco is accessible to the 
inspector.



Sec. 29.9233  When certification will be made.

    Certification services for the nonquota tobacco shall be made when 
inspectors are available and such sales will not interfere with 
scheduled sales on designated auction markets.



Sec. 29.9234  Who may obtain certification.

    Certification of nonquota tobacco may be requested by an interested 
party (applicant) by filing an application in accordance with Sec. Sec. 
29.9236 and 29.9237.



Sec. 29.9235  How to make application.

    Application for certification by class or type of nonquota tobacco 
shall be made to the office of inspection, not less than 14 days before 
the date of requested certification. The application shall be in writing 
and signed by the applicant.



Sec. 29.9236  Form of application.

    Application for inspection and certification of class or type of 
nonquota tobacco shall include the following information;
    (a) The date of the application;
    (b) The producer's certification of the type of the tobacco, the 
crop year when produced, and where produced;
    (c) The name and post office address of the applicant;
    (d) The financial interest of the applicant in the tobacco;
    (e) The exact nature of the service desired;
    (f) A statement that the tobacco is (1) in commerce, as defined in 
the act, or (2) entering such commerce; and
    (g) Such other necessary information as the Director may require.



Sec. 29.9237  When application deemed filed.

    An application shall be deemed filed when delivered to the office of 
inspection. When an application is filed, the date and time of filing 
shall be recorded by the official receiving it.



Sec. 29.9238  When application may be rejected.

    An application may be rejected (a) for noncompliance with the act or 
the regulations in this subpart, or (b) when it is not practicable to 
provide the service. All expenses incurred in connection with an 
application rejected for noncompliance with the act or the regulations 
in this subpart shall be paid by the applicant as provided in Sec. 
29.124 of subpart B of this part.



Sec. 29.9239  When application may be withdrawn.

    An application may be withdrawn at any time before the requested 
service is rendered. Payment of expenses incurred in connection 
therewith shall be paid by the applicant as provided in Sec. 29.124 and 
subpart B of this part.



Sec. 29.9240  Responsibilities of applicant.

    Any applicant requesting class or type certification on nonquota 
tobacco produced in a quota area, shall obtain from the appropriate 
county office of the Agricultural Stabilization and Conservation Service 
a certificate showing the acreage of nonquota tobacco grown on each 
affected farm and the identification number. It shall also be the 
responsibility of the applicant to:
    (a) Make available to the inspector any or all information required 
by the inspector for completion of the Tobacco Classification 
Certificate,
    (b) Make the tobacco accessible to the inspector, and
    (c) Surrender to the inspector at time of certification a copy of 
the ASCS certificate and sale bill.

[[Page 164]]



Sec. 29.9241  Accessibility of tobacco.

    All tobacco to be inspected and certified by class or type upon 
application shall be made accessible by the applicant for proper 
examination, including any necessary display in proper light for 
determination of grade, class, type, or other characteristics or for 
drawing of samples. Each croplot shall be displayed at an approved 
receiving station in a continuous and orderly sequence with no other 
quota, nonquota, or other producer's tobacco in between. The lots shall 
be arranged in rows 18 inches apart with the leaves of adjacent lots not 
touching within the rows. Coverings shall be removed by the applicant in 
such manner as may be prescribed by the inspector.

                            fees and charges



Sec. 29.9251  Fees and charges.

    Fees and charges for inspection and certification services shall 
comprise the cost of salaries, travel, per diem, and related expenses to 
cover the costs of performing the service. Fees shall be for actual time 
required to render the service calculated to the nearest 30-minute 
period. The hourly rate shall be $47.40. The overtime rate for service 
performed outside the inspector's regularly scheduled tour of duty shall 
be $53.70. The rate of $64.45 shall be charged for work performed on 
Sundays and holidays.

[56 FR 41922, Aug. 26, 1991, as amended at 66 FR 28361, May 23, 2001]

                          certifying procedures



Sec. 29.9261  Procedure to be followed.

    In certifications based on permissive inspection of nonquota tobacco 
produced in a state where any quota tobacco is produced, the inspector 
shall use the Official Standard Grades for all types of quota tobacco. 
The inspector shall determine by inspecting each lot in the crop-lot 
whether the crop-lot can be certified as the nonquota tobacco requested 
by the applicant. If the inspector determines upon inspection that any 
individual lot in the crop-lot meets the specifications of any grade of 
any quota tobacco, no certificate will be issued on any tobacco in the 
crop-lot.



Sec. 29.9262  Issuance of certificates.

    A ``Tobacco Classification Certificate'' may be issued upon request 
of an applicant for nonquota tobacco certified in accordance with Sec. 
29.9261. The Tobacco Classification Certificate will be supplied by the 
inspection office.



Sec. 29.9263  Tobacco classification certificate.

    Each tobacco classification certificate shall show:
    (a) The caption ``Tobacco Classification Certificate'';
    (b) Whether it is an original, first, second, or other copy;
    (c) The number of the certificate;
    (d) The sale bill identification number;
    (e) The location of the tobacco at the time of inspection and 
certification;
    (f) The date of certification;
    (g) The class or type of tobacco;
    (h) The number of lots in the crop-lot;
    (i) The weight of each lot;
    (j) The signature of the inspector and,
    (k) Such additional information as may be required by the Director.



Sec. 29.9264  Forms.

    Each certificate issued under this regulation shall:
    (a) Show that it was issued under the Tobacco Inspection Act;
    (b) Be in a form approved for the purpose by the Director, and
    (c) Embody within it, written or printed terms with respect to the 
particular kind of service, all applicable information required by Sec. 
29.9263. Each certificate may also contain any information, not 
inconsistent with the act and the regulations in this subpart, as may be 
approved or required by the Director. The Director may, in his 
discretion, specify or limit the period in which a certificate shall be 
valid.



Sec. 29.9265  Disposition of certificate.

    Distribution of the Tobacco Classification Certificate shall be 
limited to the provisions of this section. The original certificate and 
one copy shall be delivered or mailed to the applicant or his agent. One 
copy and the copy of the ASCS certificate shall be forwarded

[[Page 165]]

by the inspector to the Division or office of inspection.



Sec. 29.9266  Changes or alterations.

    No change or alteration shall be made in the weight or other 
identification of a lot on the Tobacco Classification Certificate after 
the certification of class or type, and any such change or alteration 
shall constitute and be construed as a change or alteration in the 
certificate issued or authorized under the act.

                               preclusion



Sec. 29.9281  Preclusion.

    The provisions of this subpart shall not preclude the application of 
other administrative remedies or the institution of criminal proceedings 
in appropriate cases as provided by the act.



  Subpart G_Policy Statement and Regulations Governing Availability of 
 Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on 
                           Designated Markets

    Authority: Tobacco Inspection Act, 49 Stat. 731 (7 U.S.C. 511 et 
seq.); Commodity Credit Corporation Charter Act, 62 Stat. 1070, as 
amended (15 U.S.C. 714 et seq.); sec. 213, Pub. L. 98-180, 97 Stat. 1149 
(7 U.S.C. 1421); 49 Stat. 731 (7 U.S.C. 511 et seq.), unless otherwise 
noted.

    Source: 39 FR 17754, May 20, 1974, unless otherwise noted.



Sec. 29.9401  Definitions.

    As used in this subpart, the following terms shall have the 
following meanings:
    (a) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated or may hereafter be delegated to act in 
his stead.
    (b) Marketing area means a geographical area within the flue-cured 
tobacco production area specified by the Secretary each year on the 
basis of his determination that significant quantities of tobacco 
produced in such area are ready for marketing.
    (c) Resale tobacco means any tobacco offered for sale, or sold, by 
someone other than its producer.
    (d) Nonauction-purchased tobacco means tobacco purchased at other 
than a bona fide auction sale, as defined in 7 CFR 29.1(d), on a 
designated market, as defined in 7 CFR 29.1(e).
    (e) Nonauction-purchased resale tobacco means tobacco being offered 
for sale, or sold, at auction by a person who purchased it at other than 
a bona fide auction sale, as defined in 7 CFR 29.1(d), on a designated 
market, as defined in 7 CFR 29.1(e).

[39 FR 17754, May 20, 1974, as amended at 40 FR 31592, July 28, 1975]



Sec. 29.9402  Policy statement.

    The sets of inspectors available to serve the flue-cured marketing 
areas are currently adequate to provide inspection service as rapidly as 
tobacco can be purchased, handled and processed by the currently 
existing facilities of the buyers, and the lack of inspection personnel 
is not a limiting factor to accelerated marketings or the extension of 
price support to producers. The sets of buyers assigned to the flue-
cured markets by the buying industry are adequate to purchase tobacco as 
rapidly as it can be handled and processed by the buyers' facilities. 
However, the tobacco ready for marketing during most weeks of the 
marketing season substantially exceeds the quantities which can be 
purchased, handled and processed by the currently existing facilities of 
the buyers. Moreover, the total number of flue-cured markets are 
substantially greater than the number of sets of buyers assigned by the 
buying companies or the number of sets of available inspectors. In this 
situation, about 6 months is required to market a year's crop of flue-
cured tobacco and all warehouses cannot be served at the same time by 
the available sets of inspectors and the sets of buyers assigned by the 
buying companies. As additional sets of inspectors would not relieve the 
situation, inspection service will be provided by assigning the 
available inspectors to the various marketing areas and to warehouses 
within the marketing areas in a manner determined by the Secretary to

[[Page 166]]

provide the best and most equitable service to all growers.



Sec. 29.9403  Flue-Cured Tobacco Advisory Committee.

    To assist the Secretary in making the apportionment and assignment 
of inspectors, a Flue-Cured Tobacco Advisory Committee, appointed in 
accordance with the Federal Advisory Committee Act (5 U.S.C. Appendix 
I), shall advise and recommend to the Secretary marketing area opening 
dates and selling schedules for both designated and undesignated flue-
cured tobacco to be sold in each marketing area and in each warehouse 
within each marketing area.

[39 FR 30475, Aug. 23, 1974, as amended at 49 FR 4067, Feb. 2, 1984; 50 
FR 45806, Nov. 4, 1985; 51 FR 5987, Feb. 19, 1986; 67 FR 61468, Oct. 1, 
2002]



Sec. 29.9404  Marketing area opening dates and marketing schedules.

    (a) The Flue-Cured Tobacco Advisory Committee shall recommend, to 
the Secretary, marketing areas in the flue-cured tobacco production area 
and marketing area opening dates and selling schedules for both 
designated and undesignated tobacco for each marketing area and for the 
individual warehouses in each marketing area, which specify the length 
of time inspectors will be available to inspect designated tobacco and 
undesignated tobacco and/or the quantity of designated or undesignated 
tobacco to be marketed in each area and through each warehouse within 
such marketing area. In developing such opening date and selling 
schedules, the Committee shall take into account the following:
    (1) When a sufficient volume of tobacco produced within a specific 
area of the flue-cured tobacco production area will be ready for 
marketing;
    (2) The volume of tobacco ready for marketing which the producers 
have designated under Sec. 1464.2(e) of this title to be sold at 
specific warehouses and also the volume of tobacco ready for marketing 
which has not been so designated by the producer;
    (3) With regard to undesignated tobacco, the Committee shall first 
determine, on the basis of all information available to it, the volume 
of undesignated tobacco in a geographical area, and then shall provide 
sales opportunity for each warehouse to sell an amount of the 
undesignated tobacco available for sale from that geographical area in 
proportion to the amount of tobacco designated to the warehouse in 
comparison to the total amount of tobacco designated in the marketing 
area in which the warehouse is located. Provided, however, that the 
Secretary may authorize additional undesignated sales opportunity if the 
warehouse provided proper proof that it does, in fact, have available 
for sale a volume of tobacco which has not previously been designated 
and which was eligible for designation to that warehouse had the 
producer chosen to designate and that such additional volume of tobacco 
warrants more sales opportunity than allowed by the schedule;
    (4) The processing or redrying capacity of the industry and the 
number of inspectors available to provide inspection service during the 
specific period involved;
    (5) Such other factors or information as may be necessary to develop 
an effective and equitable opening date and selling schedule.
    (b) The Flue-Cured Tobacco Advisory Committee shall thereupon submit 
its recommended opening date and selling schedules for designated and 
undesignated tobacco and the geographic areas to be included in specific 
marketing areas to the Secretary together with a basis supporting its 
recommendations.

[39 FR 17754, May 20, 1974, as amended at 39 FR 30476, Aug. 23, 1974; 40 
FR 24174, June 5, 1975; 40 FR 30917, July 24, 1975]



Sec. 29.9405  Issuance of marketing area opening date and selling schedules 
by the Secretary.

    (a) The Secretary shall review the recommendations of the Flue-Cured 
Tobacco Advisory Committee and based upon such recommendations and the 
basis therefor and such other information as may be available to him, 
shall specify the geographic areas to be encompassed by specific 
marketing areas, set the opening dates for sale within the marketing 
areas and issue the selling schedules for designated and undesignated 
tobacco. The inspection

[[Page 167]]

of flue-cured tobacco shall be in accordance with said schedules.
    (b) The Flue-Cured Tobacco Advisory Committee shall recommend 
modifications in the opening date and marketing schedule during the 
flue-cured tobacco marketing season as may be warranted by changes in 
marketing conditions and the Secretary shall act thereon in the same 
manner as approving the initial opening date and marketing schedules.

[39 FR 17754, May 20, 1974, as amended at 39 FR 30476, Aug. 23, 1974]



Sec. 29.9406  Failure of warehouse to comply with opening and selling 
schedule.

    (a) Each warehouse shall comply with opening and selling schedules 
issued by the Secretary for designated and undesignated flue-cured 
tobacco.
    (b) For each of any two consecutive sales days during the marketing 
season a warehouse may exceed its scheduled sales opportunity for 
designated or undesignated tobacco, but the pounds sold during the 
second or third sales day must be adjusted so the warehouse will be back 
in compliance at the end of the third sales day or no tobacco inspection 
or price support services will be made available on the next succeeding 
sales day. Any such adjustment which is within 100 pounds of the 
required reduction shall be considered as in compliance with this 
section. During the closeout period, if a warehouse sells tobacco in 
excess of that allowed by the sales schedule on either of the last two 
sales days of the marketing season, then such excess sales shall be 
deducted from its scheduled sales opportunity on the first, or more, 
sales days of the next marketing season.
    (c) The amount of the poundage adjustment specified in paragraph (b) 
of this section for a warehouse selling in excess of the sales schedule 
shall be as follows:
    (1) If the excess is 5,000 pounds or less of designated producer 
tobacco, the adjustment in producer sales opportunity shall be one pound 
for each pound of excess; sales in excess of 5,000 pounds shall be a 
violation of the sales schedule and the adjustment for the first 
violation shall be 5,000 pounds plus the larger of 3 pounds for each 
pound in excess of 5,000 pounds or 5,000 pounds; for the second 
violation, the adjustment shall be 5,000 pounds plus the larger of 5 
pounds for each pound in excess of 5,000 or 15,000 pounds; and for the 
third and subsequent violations, the adjustment shall be 5,000 pounds 
plus the larger of 5 pounds for each pound in excess of 5,000 pounds or 
50 percent of a scheduled day's sales opportunity.
    (2) If the excess is 1,000 pounds or less of undesignated producer 
tobacco, the adjustment in producers sales opportunity is one pound for 
each pound of excess; if the excess is larger than 1,000 pounds, the 
adjustment is 1,000 pounds plus the larger of 3 pounds for each pound in 
excess of 1,000 or 2,000 pounds.
    (3) If the excess is designated producer tobacco that is not 
eligible for sale at the warehouse on the day of the sale, the 
adjustment in producers sales opportunity for the first violation is the 
larger of 3 pounds for each pound in excess or 5,000 pounds, and for the 
second and succeeding violations, the larger of 5 pounds for each pound 
in excess or 10,000 pounds.
    (d) If, on any sales day, a warehouse does not sell the full 
quantity of designated or undesignated tobacco authorized to be sold at 
such warehouse, the designated or undesignated sales opportunity at such 
warehouse on the next immediate sales day shall automatically be 
increased by the unsold quantity except that no such increase in sales 
opportunity shall exceed 5,000 pounds for designated tobacco or 500 
pounds for undesignated tobacco.

[46 FR 56156, Nov. 16, 1981, as amended at 65 FR 46087, July 27, 2000]



Sec. 29.9407  Records and reports.

    (a) Each warehouse, on a designated market, shall provide the 
Secretary with any information that is requested on forms provided said 
warehouse by the Secretary.
    (b) Each warehouse shall keep records for a period of two years from 
the opening of the marketing season in which the tobacco is sold, and 
make available to the Secretary such records as are necessary for the 
Secretary to verify the information required by paragraph (a) of this 
section.

[[Page 168]]

    (c) Failure to comply with the requirements of this section 
including but not limited to failure to provide information which is 
accurate, shall result in suspension of tobacco inspection services for 
a minimum of the equivalent of one sales day or until such time as the 
warehouse comes into compliance.

(Approved by the Office of Management and Budget under control number 
0581-0056)

(44 U.S.C. 3506)

[46 FR 56156, Nov. 16, 1981, as amended at 47 FR 745, Jan. 7, 1982]



PART 30_TOBACCO STOCKS AND STANDARDS--Table of Contents




 Classification of Leaf Tobacco Covering Classes, Types, and Groups of 
                                 Grades

Sec.
30.1 Definitions of terms used in classification of leaf tobacco.
30.2 Leaf tobacco.
30.3 Unstemmed.
30.4 Stemmed.
30.5 Class.
30.6 Type.
30.7 Group.
30.8 Scrap.
30.9 Nondescript.
30.10 Cure.
30.11 Flue-cure.
30.12 Fire-cure.
30.13 Air-cure.
30.14 Cigar filler.
30.15 Cigar binder.
30.16 Cigar wrapper.
30.17 Damage.
30.18 Injury.
30.19 Nested.
30.20 Crude.
30.21 Foreign matter.
30.31 Classification of leaf tobacco.
30.36 Class 1; flue-cured types and groups.
30.37 Class 2; fire-cured types and groups.
30.38 Class 3; air-cured types and groups.
30.39 Class 4; cigar-filler types and groups.
30.40 Class 5; cigar-binder types and groups.
30.41 Class 6; cigar-wrapper types and groups.
30.42 Class 7; miscellaneous domestic types.
30.43 Class 8; foreign-grown cigar-leaf types.
30.44 Class 9; foreign-grown types other than cigar-leaf.

                                 Reports

30.60 Reports.

                             Administration

30.61 Administration.

    Authority: 7 U.S.C. 502.

    Source: 39 FR 5300, Feb. 12, 1974, unless otherwise noted.

  Classification of Leaf Tobacco Covering Classes, Types and Groups of 
                                 Grades



Sec. 30.1  Definitions of terms used in classification of leaf tobacco.

    For the purpose of Sec. Sec. 30.1 through 30.44 the terms appearing 
in Sec. Sec. 30.2 through 30.21 shall be construed as explained 
therein.



Sec. 30.2  Leaf tobacco.

    Tobacco in the forms in which it appears between the time it is 
cured and stripped from the stalk, or primed and cured, and the time it 
enters into the different manufacturing processes. The acts of stemming, 
sweating or fermenting, and conditioning are not regarded as 
manufacturing processes. Leaf tobacco does not include any manufactured 
or semimanufactured tobacco, stems which have been removed from leaves, 
cuttings, clippings, trimmings, shorts, or dust.



Sec. 30.3  Unstemmed.

    A form of leaf tobacco consisting of a collection of leaves from 
which the stems or midribs have not been removed, including leaf-scrap.



Sec. 30.4  Stemmed.

    A form of leaf tobacco consisting of a collection of leaves from 
which the stems or midribs have been removed, including strip scrap.



Sec. 30.5  Class.

    One of the major divisions of leaf tobacco based on the distinct 
characteristics of the tobacco caused by differences in varieties, soil 
and climatic conditions, and the methods of cultivation, harvesting, and 
curing.



Sec. 30.6  Type.

    A subdivision of a class of leaf tobacco, having certain common 
characteristics which permit of its being divided into a number of 
related grades. Any tobacco that has the same characteristics and 
corresponding qualities, colors, and lengths, shall be treated as one 
type, regardless of any factors of historical or geographical nature 
which

[[Page 169]]

cannot be determined by an examination of the tobacco.



Sec. 30.7  Group.

    A group of grades, or a division of a type covering several closely 
related grades, based on the general quality of the tobacco, including 
the percentage of injury, and other factors. The factors that determine 
the group divisions also largely determine the usage or suitability of 
tobacco for certain purposes.



Sec. 30.8  Scrap.

    A byproduct from handling leaf tobacco in both the unstemmed and 
stemmed forms, consisting of loose and tangled portions of tobacco 
leaves, floor sweepings, and all other tobacco materials (except stems) 
which accumulate in auction and storage warehouses, packing and 
conditioning plants, and stemmeries. Scrap which accumulates from 
handling unstemmed leaf tobacco is known as leaf-scrap, and scrap which 
accumulates from handling stemmed leaf tobacco is known as strip-scrap. 
The scrap group, covering both leaf-scrap and strip-scrap is designated 
by the letter ``S''.



Sec. 30.9  Nondescript.

    Any tobacco of a certain type which cannot be placed in other groups 
of the type, or any nested tobacco, or any muddy or extremely dirty 
tobacco, or any tobacco containing an unusual quantity of foreign 
matter, or any crude tobacco, or any tobacco which is damaged to the 
extent of 20 percent or more, or any tobacco infested with live tobacco 
beetles or other injurious insects, or any wet tobacco, or any tobacco 
that contains fat stems or wet butts. The nondescript group is 
designated by the letter ``N''.

[39 FR 11893, Apr. 1, 1974]



Sec. 30.10  Cure.

    To dry the sap from newly harvested tobacco by either natural or 
artificial process. Proper curing is done under such conditions as will 
permit of the chemical and physiological changes necessary to develop 
the desired quality of color in tobacco.



Sec. 30.11  Flue-cure.

    To cure tobacco under artificial atmospheric conditions by a process 
of regulating the heat and ventilation without allowing smoke or fumes 
from the fuel to come in contact with the tobacco.



Sec. 30.12  Fire-cure.

    To cure tobacco under artificial atmospheric conditions by the use 
of open fires, the smoke and fumes of which are allowed to come in 
contact with the tobacco.



Sec. 30.13  Air-cure.

    To cure tobacco under natural atmospheric conditions without the use 
of fire, except for the purpose of preventing pole burn (house burn) in 
damp weather.



Sec. 30.14  Cigar filler.

    The tobacco that forms the core or inner part of a cigar. Cigar-
filler tobacco is tobacco of the kind and quality commonly used for 
cigar fillers. Cigar-filler types are those which produce chiefly 
tobacco suitable for cigar-filler purposes.



Sec. 30.15  Cigar binder.

    A portion of a tobacco leaf rolled around the filler of a cigar to 
bind or hold it together and form the first covering. Cigar-binder 
tobacco is tobacco of the kind and quality commonly used for cigar 
binders. Cigar-binder types are those which produce chiefly tobacco 
suitable for cigar-binder purposes.



Sec. 30.16  Cigar wrapper.

    A portion of a tobacco leaf forming the outer covering of a cigar. 
Cigar-wrapper tobacco is tobacco of the kind and quality commonly used 
for cigar wrappers. Cigar-wrapper types are those which produce chiefly 
tobacco suitable for cigar-wrapper purposes.



Sec. 30.17  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Any tobacco 
having the odor of mold, must, or rot shall be included in

[[Page 170]]

damaged tobacco. (Note distinction between ``damage'' and ``injury.'')



Sec. 30.18  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. Injured tobacco shall 
include any dead, burnt, or ragged tobacco; or tobacco that has been 
torn or broken, frozen or frosted, sunburned or scalded, scorched or 
fire-killed, bulk-burnt or stem-burnt, pole burnt or house burnt, 
bleached or bruised; or tobacco containing discolored or deformed 
leaves; or tobacco hurt by insects; or tobacco affected by wild-fire, 
black fire, rust, frogeye, mosaic, frenching, sanddrown, or other field 
diseases.



Sec. 30.19  Nested.

    Any lot of tobacco which has been so handled or packed as to conceal 
damaged, injured, tangled, or inferior tobacco, or foreign matter.



Sec. 30.20  Crude.

    A subdegree of maturity, crude leaves usually have the general 
appearance of being raw and unfinished as a result of extreme 
immaturity. Crude tobacco ordinarily has a characteristic green color.



Sec. 30.21  Foreign matter.

    Any substance or material extraneous to tobacco leaves, such as 
dirt, sand, stalks, suckers, straws, and strings.



Sec. 30.31  Classification of leaf tobacco.

    For the purpose of this classification leaf tobacco shall be divided 
into the following classes:

Class 1. Flue-cured types.
Class 2. Fire-cured types.
Class 3.\1\ Air-cured types.
Class 4. Cigar-filler types.
Class 5. Cigar-binder types.
Class 6. Cigar-wrapper types.
Class 7. Miscellaneous domestic types.
Class 8. Foreign-grown cigar-leaf types.
Class 9. Foreign-grown types, other than cigar types.
    \1\ Class 3 covers Air-cured tobacco other than cigar leaf. This 
class may be subdivided as follows: Class 3a, Light Air-cured tobacco, 
including types 31 and 32, and Class 3b, Dark Air-cured tobacco, 
including types 35, 36, and 37.


For the purpose of this classification the classes shall be divided into 
the types and groups set forth in Sec. Sec. 30.36 through 30.44.



Sec. 30.36  Class 1; flue-cured types and groups.

    All flue-cured tobacco is graded under the same set of Official 
Standard Grades for Flue-cured Tobacco (U.S. Types 11, 12, 13, and 14). 
Flue-cured types are defined according to established general 
geographical areas of production. However, the determination as to type 
designations are based upon and indicate the geographic location where 
inspection and certification are performed--and do not necessarily 
identify the production area in which the tobacco was grown.
    (a) Type 11a. That type of flue-cured tobacco commonly known as 
Western Flue-cured or Old Belt Flue-cured, produced principally in the 
Piedmont sections of Virginia and North Carolina.
    (b) Type 11b. That type of flue-cured tobacco commonly known as 
Middle Belt Flue-cured, produced principally in a section lying between 
the Piedmont and coastal plains regions of Virginia and North Carolina.
    (c) Type 12. That type of flue-cured tobacco commonly known as 
Eastern Flue-cured or Eastern Carolina Flue-cured, produced principally 
in the coastal plains section of North Carolina, north of the South 
River.
    (d) Type 13. That type of flue-cured tobacco commonly known as 
Southeastern Flue-cured or South Carolina Flue-cured, produced 
principally in the coastal plains section of South Carolina and the 
southeastern counties of North Carolina, south of the South River.
    (e) Type 14. That type of flue-cured tobacco commonly known as 
Southern Flue-cured, produced principally in the southern section of 
Georgia, in northern Florida, and to some extent, in Alabama.
    Groups applicable to types 11, 12, 13, and 14:
A--Wrappers.
B--Leaf.
H--Smoking Leaf.
C--Cutters.
X--Lugs.
P--Primings.
N--Nondescript, as defined.
S--Scrap, as defined.

[[Page 171]]



Sec. 30.37  Class 2; fire-cured types and groups.

    (a) Type 21. That kind of fire-cured tobacco commonly known as 
Virginia Fire-cured, or Dark-fired, produced principally in the Piedmont 
and mountain sections of Virginia.
    (b) Type 22. That type of fire-cured tobacco, known as Eastern 
District Fire-cured, produced principally in a section east of the 
Tennessee River in southern Kentucky and northern Tennessee.
    (c) Type 23. That type of fire-cured tobacco, known as Western 
District Fire-cured or Dark-fired, produced principally in a section 
west of the Tennessee River in Kentucky and extending into Tennessee.
    Groups applicable to types 21, 22, and 23:
A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec. 30.38  Class 3; air-cured types and groups.

    (a) Type 31. That type of air-cured tobacco, commonly known as 
Burley, produced principally in Kentucky, Tennessee, Virginia, North 
Carolina, Ohio, Indiana, West Virginia, and Missouri.
    Groups applicable to type 31:
X--Flyings.
C--Lugs or Cutters.
B--Leaf.
T--Tips.
M--Mixed.
N--Nondescript, as defined.
S--Scrap, as defined.
    (b) Type 31-V. Notwithstanding the definitions of ``Type'' and 
``Type 31'', any tobacco having the general visual characteristics of 
quality, color, and length of Class 3, Type 31, air-cured tobacco, but 
which is a low-nicotine strain or variety, produced and to be marketed 
under such restrictions or controls as shall be specified by the 
Director of the Tobacco Division, Agricultural Marketing Service, United 
States Department of Agriculture, and which in its cured state is found 
by an authorized representative of the Department to have a nicotine 
content of not more than eight-tenths of one percent (\8/10\ of 1%), 
oven dry weight, shall not be classified as Type 31 but shall be 
classified and designated upon certification by the Department as Type 
31-V. No groups are established for Type 31-V.
    (c) Restrictions and controls relating to the production and 
marketing of Type 31-V tobacco as a prerequisite to the classification 
and certification of such tobacco--(1) Declaration of seed or seedlings. 
Tobacco shall be produced from seed or seedlings declared to be a 
suitable low-nicotine strain or variety for the production of Type 31-V, 
by an agency or agencies designated by the Director of the Tobacco 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture.
    (2) Production under contract. Type 31-V tobacco shall be grown 
under contract with a dealer in tobacco or a manufacturer of tobacco 
products. In addition to any other provisions not inconsistent herewith, 
the contract shall provide that:
    (i) The dealer or manufacturer shall furnish to the grower seed or 
seedlings declared therefor as provided in paragraph (c)(1) of this 
section.
    (ii) The grower shall deliver to the dealer or manufacturer all 
tobacco produced from such seed or seedlings;
    (iii) The grower shall produce not in excess of the number of acres 
of low-nicotine tobacco specified in the contract;
    (iv) The grower shall establish clear lines of demarcation between 
the low-nicotine tobacco and any other type of tobacco grown on the 
farm; and
    (v) The low-nicotine tobacco shall be housed and handled separately 
and shall not be commingled with any other type of tobacco: Provided, 
That this provision shall not prohibit the housing of low-nicotine and 
other types of tobacco in the same curing barn so long as the low-
nicotine tobacco is clearly identified and is not commingled with any 
other type of tobacco.
    (3) Filing of copy of contract. A copy of each contract referred to 
in paragraph (c)(2) of this section shall be filed by the dealer or 
manufacturer with the Director, Tobacco Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Washington, DC 20250, by May 1 
of each year.
    (4) Restrictions on sale and marketing. The low-nicotine tobacco 
shall not be offered for sale, sold, marketed, or otherwise disposed of 
unless such tobacco

[[Page 172]]

is clearly represented and identified as being low-nicotine tobacco: 
Provided, That this restriction shall not apply to products manufactured 
from such tobacco.
    (5) Nicotine content. The nicotine content of the tobacco in its 
cured state, based on an official sample drawn and selected as being 
representative of the whole production from the acreage of low-nicotine 
tobacco planted under said contract by the same grower during the same 
calendar year, shall not be more than eight-tenths of one percent (\8/
10\ of 1%) oven dry weight.
    (6) Furnishing of information. Each dealer or manufacturer and each 
grower shall, from time to time, furnish to the Director of the Tobacco 
Division, such information as shall be requested relating to his 
production, stocks, and disposition of low-nicotine tobacco.
    (7) Prohibitions relating to seed and plants. No seed shall be saved 
or harvested from the tobacco produced under a contract referred to in 
paragraph (d)(2) of this section. No grower to whom seed or seedlings is 
furnished pursuant to paragraph (d)(2)(i) of this section shall deliver 
or transfer any such seed or any plant produced therefrom to any other 
person.
    (8) Designation of seed or seedlings declaring agencies. The 
Kentucky Agricultural Experiment Station, Lexington, Kentucky, is 
designated as an agency for the declaration of seed or seedlings 
pursuant to paragraph (d)(1) of this section.
    (9) Definitions. For the purposes of the restrictions and controls 
hereinbefore set forth a ``dealer'' or a ``manufacturer'' shall be a 
dealer in tobacco or a manufacturer of tobacco products.
    (d) Type 32. That type of air-cured tobacco commonly known as 
Southern Maryland tobacco or Maryland Air-cured, and produced 
principally in southern Maryland. (Upper Country Maryland is classed as 
``miscellaneous domestic.'')
    Groups applicable to type 32:
X--Seconds.
C--Bright-crop or Thin-crop.
B--Dull-crop or Heavy-crop.
T--Tips.
N--Nondescript, as defined.
S--Scrap, as defined.
    (e) Type 35. That type of air-cured tobacco commonly known as One 
Sucker Air-cured, Kentucky-Tennessee-Indiana One Sucker, or Dark Air-
cured One Sucker, including the upper Cumberland District One Sucker, 
and produced principally in northern Tennessee, south central Kentucky, 
and southern Indiana.
    (f) Type 36. That type of air-cured tobacco commonly known as Green 
River, Green River Air-cured, or Dark Air-cured of the Henderson and 
Owensboro Districts, and produced principally in the Green River section 
of Kentucky.
    (g) Type 37. That type of air-cured or sun-cured tobacco commonly 
known as Virginia Sun-cured, Virginia Sun and Air-cured, or Dark Air-
cured of Virginia, and produced principally in the central section of 
Virginia north of the James River.
    Groups applicable to types 35, 36, and 37:
A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
T--Tips.
X--Lugs.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec. 30.39  Class 4; cigar-filler types and groups.

    (a) Type 41. That type of cigar-leaf tobacco commonly known as 
Pennsylvania Seedleaf or Pennsylvania Broadleaf, produced principally in 
Lancaster County, Pennsylvania, and adjoining counties and including 
other areas of Pennsylvania and Maryland in which the seedleaf variety 
is grown.
    Groups applicable to type 41:
C--Stripper.
X--Straight Stripped.
Y--Farm Filler.
N--Nondescript, as defined.
    (b) Type 42. That type of cigar-leaf tobacco commonly known as 
Gebhardt, Ohio Seedleaf, or Ohio Broadleaf, produced principally in the 
Miami Valley Section of Ohio and extending into Indiana.
    (c) Type 43. That type of cigar-leaf tobacco commonly known as 
Zimmer, Spanish, or Zimmer Spanish, produced principally in the Miami 
Valley Section of Ohio and extending into Indiana.
    (d) Type 44. That type of cigar-leaf tobacco commonly known as 
Dutch,

[[Page 173]]

Shoestring Dutch, or Little Dutch, produced principally in the Miami 
Valley Section of Ohio.
    Groups applicable to types 42, 43, and 44:
X--Straight Stripped.
N--Nondescript, as defined.
    (e) Type 46. That type of cigar-leaf tobacco commonly known as 
Puerto Rican Filler, produced principally in the inland and semicoastal 
areas of Puerto Rico.
    Groups applicable to type 46:
C--Strippers.
X--Grinders.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec. 30.40  Class 5; cigar-binder types and groups.

    (a) Type 51. That type of cigar-leaf tobacco commonly known as 
Connecticut Valley Broadleaf or Connecticut Broadleaf, produced 
principally in the Connecticut River Valley.
    (b) Type 52. That type of cigar-leaf tobacco commonly known as 
Connecticut Valley Havana Seed or Havana Seed of Connecticut and 
Massachusetts, produced principally in the Connecticut River Valley.
    Groups applicable to types 51 and 52:
B--Binder.
X--Nonbinder.
N--Nondescript, as defined.
S--Scrap, as defined.
    (c) Type 53. That type of cigar-leaf tobacco commonly known as York 
State or Havana Seed of New York, and Pennsylvania, produced principally 
in the Big Flats and Onondaga sections of New York State, and extending 
into Pennsylvania.
    (d) Type 54. That type of cigar-leaf tobacco commonly known as 
Southern Wisconsin Cigar-leaf or Southern Wisconsin Binder-type, 
produced principally south and east of the Wisconsin River.
    (e) Type 55. That type of cigar-leaf tobacco commonly known as 
Northern Wisconsin Cigar-leaf or Northern Wisconsin Binder-type, 
produced principally north and west of the Wisconsin River and extending 
into Minnesota.
    Groups applicable to types 53, 54, and 55:
B--Binder.
C--Stripper.
X--Straight Stripped.
Y--Farm Filler.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec. 30.41  Class 6; cigar-wrapper types and groups.

    (a) Type 61. That type of shade-grown tobacco known as Connecticut 
Valley Shade-grown, produced principally in the Connecticut Valley 
section of Connecticut and Massachusetts.
    (b) Type 62. That type of shade-grown tobacco known as Georgia and 
Florida Shade-grown, produced principally in southwestern Georgia and in 
the central part of northern Florida.
    Groups applicable to types 61 and 62:
A--Wrappers.
S--Stained.
X--Brokes.
N--Nondescript, as defined.



Sec. 30.42  Class 7; miscellaneous domestic types.

    No group divisions are established for any of the types in Class 7. 
Notwithstanding the definitions of ``Class,'' ``Type,'' ``Type 11,'' 
``Type 12,'' ``Type 13,'' and ``Type 14,'' any tobacco having the 
general visual characteristics of quality, color and length of the types 
and groups contained in Class 1, flue-cured tobacco, but which is a 
strain or variety found in its cured state by an authorized 
representative of the Department to have a nicotine content of not more 
than eight-tenths of one per cent (\8/10\ of 1%), oven dry weight, shall 
be designated upon certification by the Department as Class 7: Provided, 
That for the purpose of establishing and maintaining the identity of 
such tobacco, it shall not be sold or offered for sale through customary 
marketing channels for Class 1, flue-cured tobacco; and it shall be 
identified in accordance with instructions issued by the Tobacco 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, covering certification of seed or seedlings, contracts for 
production, designation and demarcation of fields in which grown, 
maintenance of separate identity of such tobacco from other tobacco, 
furnishing of samples and furnishing of such information as may be 
requested relating to production, stocks, and disposition of such 
tobacco. For tobacco stocks reporting purposes, all miscellaneous 
domestic tobacco shall be designated as follows:

[[Page 174]]

    (a) Type 72. That type of tobacco commonly known as Louisiana 
Perique, or Perique, produced principally in St. James Parish located in 
southeastern Louisiana.
    (b) Type 73. All domestic-grown tobacco not otherwise classified, 
including tobacco cured in the same manner as Class 1, flue-cured 
tobacco, but having a nicotine content of not more than eight-tenths of 
one percent (\8/10\ of 1%), oven dry weight. Also included in the 
miscellaneous types are such types as Ohio Flue-cured and Fire-cured 
(known as Eastern Ohio), Upper Country Maryland, California, Turkish, 
and Virginia One-sucker, and the production of the insular possessions 
of the United States not otherwise classified.



Sec. 30.43  Class 8; Foreign-grown cigar-leaf types.

    No group divisions are established for any of the types in Class 8. 
Type designations for Class 8 tobacco are based on the utilization of 
the leaf in the manufacture of cigars with no reference to physical 
characteristics. For tobacco stocks reporting purposes Foreign-grown 
cigar leaf shall be designated as follows:
    (a) Type 81. Foreign-grown cigar wrapper.
    (b) Type 82. Foreign-grown cigar filler.
    (c) Type 83. Foreign-grown cigar binder.
    (d) Type 89. Other Foreign-grown cigar leaf

[56 FR 25613, June 5, 1991]



Sec. 30.44  Class 9; foreign-grown types other than cigar leaf.

    No group divisions are established for any of the types in Class 9. 
Type designations for class 9 are based on (a) utilization, (b) curing 
method, or both, with no reference to physical characteristics. For 
tobacco stocks reporting purposes, all foreign-grown tobacco other than 
cigar leaf shall be designated as follows:
    (a) Type 91. Foreign grown tobacco commonly known a soriental or 
aromatic, used principally in blends of cigarette and pipe tobacco.
    (b) Type 92. Foreign-grown flue-cured tobacco.
    (c) Type 93. Foreign-cured burley tobacco.
    (d) Type 95. Foreign-grown dark air-cured.
    (e) Type 96. Foreign-grown fire-cured.
    (f) Type 99. Other Foreign-grown cigarette and dark tobacco.

[39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991]

                                 Reports



Sec. 30.60  Reports.

    Within fifteen (15) days after January 1, April 1, July 1, and 
October 1 of each year, all manufacturers, dealers, grower cooperative 
associations, owners or agents, other than the original grower of the 
tobacco and manufacturers who produced less than 185,000 cigars, or 
750,000 cigarettes or 35,000 pounds of manufactured tobacco during the 
first three quarters of the preceding calendar year, shall complete and 
mail to the Director, Tobacco Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, Washington, DC 20250, in the detail 
required on forms available from him, reports showing the following 
information as to leaf tobacco in leaf and sheet form:
    (a) Tobacco in leaf form. The pounds of tobacco in leaf form or 
stems owned on the first day of the applicable quarter, with all stocks 
reported by types of tobacco and whether stemmed or unstemmed.
    (b) Tobacco in sheet form. The pounds of tobacco sheet owned on the 
first day of the applicable quarter shall be segregated as to whether 
for cigar wrapper, cigar binder, for cigarettes, or for other products.

[39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991]

                             Administration



Sec. 30.61  Administration.

    The Director, Tobacco Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington, DC 20250, is charged with the 
supervision of the Division and the performance of all duties assigned 
thereto in the administration of the Tobacco Stocks and Standards Act. 
The conduct of all services, classification of leaf tobacco, or 
employment of inspection/

[[Page 175]]

grading/sampling personnel under these regulations shall be accomplished 
without discrimination as to race, color, religion, sex, or national 
origin. Information concerning such administration may be obtained from 
the Director.



PART 31_PURCHASE OF WOOL AND WOOL TOP SAMPLES--Table of Contents




Sec.
31.400 Samples for wool and wool top grades; method of obtaining.
31.401 Cost of samples for wool grades.
31.402 Cost of samples for wool top grades.

    Authority: 7 U.S.C. 1621-1627.

    Source: 62 FR 43438, Aug. 13, 1997, unless otherwise noted.



Sec. 31.400  Samples for wool and wool top grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States for grades of wool and wool top will be furnished as 
follows, subject to other conditions of this section, upon filing of an 
approved application and prepayment of costs thereof as fixed in 
Sec. Sec. 31.401 and 31.402. The certification will be issued by the 
United States Department of Agriculture and will be signed by the 
Director of the Livestock Division or other duly authorized official.
    (a) Samples representative of each of the standard grades of wool:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately \1/8\ pound grease wool, or
    (2) Individual sample: Individual samples of approximately \1/8\ 
pound of grease wool.
    (b) Samples representative of each of the standard grades of wool 
top:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately 3 ounces wool top, or
    (2) Individual sample: Individual samples of approximately 3 ounces 
of wool top, representing a standard grade.
    (c) Each application for standard samples of wool or wool top shall 
be upon an application form furnished or approved by the Agricultural 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, post office money order, or 
express money order, payable to the ``Agricultural Marketing Service,'' 
in an amount to cover the cost of the samples requested, and shall 
incorporate the following agreement:
    (1) That no samples representative of the official wool or wool top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division if it is found upon such inspection that the said 
samples are not representative of the official standards.
    Note to Sec. 31.400: A sample consists of wool randomly selected 
from a bulk sample. The measured average and standard deviation of fiber 
diameter of the bulk sample are within the limits corresponding to the 
grade of the standard sample as set forth in the voluntary U.S. grade 
standards. Copies of the voluntary U.S. grade standards can be obtained 
from Director, Livestock and Seed Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, P.O. Box 96456, Washington, DC 
20090-6456.



Sec. 31.401  Cost of samples for wool grades.

    (a) Complete set: $22 each, delivered to any destination within the 
United States and $24 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $2 each, delivered to any destination within 
the United States and $2.50 each, delivered to any destination outside 
the United States.



Sec. 31.402  Cost of samples for wool top grades.

    (a) Complete set: $42 each, delivered to any destination within the 
United States and $44 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $3 each, delivered to any destination within 
the United States and $3.50 each, delivered to any destination outside 
the United States.

[[Page 176]]



PART 32_PURCHASE OF GREASE MOHAIR AND MOHAIR TOP SAMPLES--Table of Contents




32.400 Samples of grease mohair grades; method of obtaining.
32.401 Cost of samples for grease mohair grades.
32.402 Samples of mohair top grades; method of obtaining.
32.403 Cost of samples for mohair top grades.

    Authority: 7 U.S.C. 1621-1627.

    Source: 62 FR 43439, Aug. 13, 1997, unless otherwise noted.



Sec. 32.400  Samples of grease mohair grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States for grades of grease mohair will be furnished as follows, 
subject to other conditions of this section, upon filing of an approved 
application and prepayment of the costs thereof as fixed in Sec. 
32.401. The certification will be issued by the U.S. Department of 
Agriculture and will be signed by the Director of the Livestock Division 
or other duly authorized official.
    (a) Samples representative of each of the standard grades of grease 
mohair:
    (1) Complete set. Ten certified samples of grease mohair, grades 40s 
through 18s.
    (2) Individual sample. Individual certified samples of grease 
mohair.
    (b) Each application for standard samples of grease mohair shall be 
upon an application form furnished or approved by the Consumer and 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, post office money order, or 
express money order, payable to the ``Agricultural Marketing Service,'' 
in an amount to cover the cost of the samples requested, and shall 
incorporate the following agreement.
    (1) That no samples representative of the official grease mohair 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.
    Note to Sec. 32.400: A certified sample consists of grease mohair 
randomly selected from a bulk sample. The measured average and standard 
deviation of fiber diameter of bulk sample were within the limits 
corresponding to the grade of the standard sample as set forth in the 
voluntary U.S. grade standards. Copies of the voluntary U.S. grade 
standards can be obtained from Director, Livestock and Seed Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. Box 
96456, Washington, DC 20090-6456.



Sec. 32.401  Cost of samples for grease mohair grades.

    (a) Complete set. $22 each, delivered to any destination with the 
United States and $25 each, delivered to any destination outside the 
United States.
    (b) Individual sample. $2.50 each, delivered to any destination 
within the United States, and $3 each, delivered to any destination 
outside the United States.



Sec. 32.402  Samples of mohair top grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States of grades of mohair top will be furnished when available 
as follows, subject to other conditions for this section, upon filing of 
an approved application and prepayment of the cost thereof as fixed in 
Sec. 32.403. The certification will be issued by the U.S. Department of 
Agriculture and will be signed by the Director of the Livestock Division 
or other official duly authorized by him.
    (a) Samples representative of the official grades of mohair top:
    (1) Complete set. Nine certified samples of mohair top, grades 40s 
through 20s.
    (2) Individual sample. Individual certified samples of mohair top, 
grades 40s through 20s.
    (b) Each application for standard samples of mohair top shall be 
upon an

[[Page 177]]

application form furnished or approved by the Agricultural Marketing 
Service, shall be signed by the applicant, and shall be accompanied by 
certified check, draft, postal money order, or express money order, 
payable to the ``Agricultural Marketing Service,'' in an amount to cover 
the cost of the samples requested and shall incorporate the following 
agreement:
    (1) That no samples representative of the official mohair top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.



Sec. 32.403  Cost of samples for mohair top grades.

    (a) Complete set. Twenty-seven dollars each, delivered to any 
destination within the United States and $30 each, delivered to any 
destination outside the United States.
    (b) Individual sample. Three dollars each, delivered to any 
destination within the United States, and $3.50 each, delivered to any 
destination outside the United States.



PART 33_EXPORT APPLES AND PEARS--Table of Contents




                               Definitions

Sec.
33.1 Act.
33.2 Person.
33.3 Secretary.
33.4 Carrier.
33.5 Apples.
33.6 Pears.
33.7 Package.
33.8 Less than carload lot.

                               Regulations

33.10 Minimum requirements.
33.11 Inspection and certification.

                               Exemptions

33.12 Apples and pears not subject to regulation.

                        Withholding Certificates

33.13 Notice.
33.14 Opportunity for hearing.
33.15 Suspension of inspection.
33.16 Service of notice or order.

                          Interpretative Rules

33.50 Apples and pears for processing.
33.60 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: Sec. 7, 48 Stat. 124; 7 U.S.C. 587.

    Source: 24 FR 6609, Aug. 14, 1959, unless otherwise noted.

                               Definitions



Sec. 33.1  Act.

    Act and Export Apple and Pear Act are synonymous and mean ``An act 
to promote the foreign trade of the United States in apples and/or 
pears, to protect the reputation of American-grown apples and pears in 
foreign markets, to prevent deception or misrepresentation as to the 
quality of such products moving in foreign commerce, to provide for the 
commercial inspection of such products entering such commerce, and for 
other purposes,'' approved June 10, 1933 (48 Stat. 123; 7 U.S.C. 581 et 
seq.).



Sec. 33.2  Person.

    Person means an individual, partnership, association, corporation, 
or any other business unit.



Sec. 33.3  Secretary.

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



Sec. 33.4  Carrier.

    Carrier means any common or private carrier, including, but not 
being limited to, trucks, railroads, airplanes, vessels, tramp or 
chartered steamers whether carrying for hire or otherwise.

[[Page 178]]



Sec. 33.5  Apples.

    Apples means fresh whole apples in packages whether or not they have 
been in storage.



Sec. 33.6  Pears.

    Pears means fresh whole pears in packages whether or not they have 
been in storage.



Sec. 33.7  Package.

    Package means any container of apples or pears.



Sec. 33.8  Less than carload lot.

    Less than carload lot means a quantity of apples in packages not 
exceeding 20,000 pounds gross weight or 400 standard boxes or 
equivalent, or a quantity of pears in packages not exceeding 50,000 
pounds gross weight or 1,000 standard boxes or equivalent.

[54 FR 29318, July 12, 1989]

                               Regulations



Sec. 33.10  Minimum requirements.

    No person shall ship, or offer for shipment, and no carrier shall 
transport, or receive for transportation, any shipment of apples or 
pears to any foreign destination unless:
    (a) Apples grade at least U.S. No. 1 or U.S. No. 1 Early: Provided, 
That apples for export to Pacific ports of Russia shall grade at least 
U.S. Utility or U.S. No. 1 Hail for hail-damaged apples, as specified in 
the United States Standards for Apples (Sec. Sec. 51.300-51.323 of this 
chapter): Provided further, That apples for export to any foreign 
destination do not contain apple maggot, and do not have more than 2 
percent, by count, of apples with apple maggot injury, nor more than 2 
percent, by count, of apples infested with San Jose scale or scale of 
similar appearance;
    (b) Pears grade at least U.S. No. 2 as specified in the United 
States Standards for Summer and Fall Pears, such as Bartlett, Hardy, and 
other similar varieties (Sections 51.1260-51.1280 of this chapter), or 
in the United States Standards for Winter Pears, such as Anjou, Bosc, 
Comice, and other similar varieties (Sections 51.1300-51.1323 of this 
chapter), do not contain apple maggot, and do not have more than 2 
percent, by count, of pears with apple maggot injury, nor more than 2 
percent, by count, of pears infested with San Jose scale or scale of 
similar appearance: Provided, That the minimum quality requirements for 
pears exported to Pacific ports of Russia are as follows:
    (1) Summer and fall pears shall be of one variety which are mature, 
hand picked, clean, sound and free from hard-end; and free from serious 
damage caused by broken skin, insects, disease, hail marks, limbrubs, 
heavy russet, or other means; and shall not be so excessively elongated 
or flattened as to preclude the cutting of one good half. Broken skin 
must not exceed 1/4 inch in diameter. The following definitions shall 
apply to all varieties:
    Clean means reasonably free from dust, dirt, or honey dew.
    Free from serious damage means defects when taken singly or 
collectively shall not seriously affect the edible or culinary value of 
the fruit.
    Hand picked means that pears do not show evidence of rough handling 
or of having been on the ground.
    Hard-end means pears which show an abnormally yellow or green color 
at the blossom end or an abnormally smooth rounded base with little or 
no depression at the calyx, or if the flesh near the calyx is abnormally 
dry and tough or woody. Pears affected by hard-end shall be considered 
defects. Rat-tail shaped pears, or second bloom pears that are tough or 
ridged shall be considered defects. At the time of packing, not more 
than 10 percent, by count, of any lot may be below the requirements of 
the grade, and not more than one-tenth of this amount or 1% shall be 
allowed for decay and/or breakdown. For a tolerance of 10 percent or 
more, individual packages in any lot may contain not more than one and 
one-half times the tolerance specified, except that when the package 
contains 15 specimens or less, individual packages may contain not more 
than double the tolerance specified. For a tolerance of less than 10 
percent, individual packages in any lot may contain not more than double 
the tolerance specified, provided at least one specimen which does not 
meet the requirements shall be allowed in any one

[[Page 179]]

package. Slight imperfections which are not discernible in good 
commercial sorting practice shall not be considered as defects. Small 
inconspicuous skin breaks of less than \1/8\ inch in diameter or depth 
shall not be considered as damage, and not more than 15 percent of the 
pears in any container may have not more than one skin break from \1/8\ 
inch to \3/16\ inch, inclusive, in diameter or depth. After pears have 
been placed in storage, or in transit; scald, breakdown, decay, bitter 
pit, or physical injury affecting keeping quality, which may have 
developed or may only have become evident after pears are packed, are 
defined as applying to condition rather than to grade. Pears also shall 
not contain apple maggot, and shall not have more than 2 percent, by 
count, of pears with apple maggot injury, nor more than 2 percent, by 
count, of pears infested with San Jose scale or scale of similar 
appearance.
    Mature means having reached the stage of maturity which will insure 
a proper completion of the ripening process. Firmness of the flesh shall 
be considered only in connection with other factors to determine the 
degree of maturity.
    Sound means that pears at time of packing are free from visible 
defects such as decay, breakdown, scald, bitter pit, or physical injury 
affecting keeping quality. The following conditions shall not be 
considered serious damage: healed insect depressions or other surface 
blemishes which do not prevent the cutting of one good half;
    (2) Winter pears shall be of one variety which are mature, hand 
picked, clean, sound, not very seriously misshapen, free from black end, 
free from damage caused by hard end, broken skins, and from serious 
damage caused by cork spot or bruises. The following definitions shall 
apply to all varieties:
    Black end is evidenced by an abnormally deep green color around the 
calyx, or black spots usually occurring on one-third of the surface 
nearest to the calyx, or by an abnormally shallow calyx cavity.
    Clean means free from excessive dirt, dust, spray residue, or other 
foreign material. Damage by skin break means any pear with one skin 
break larger than \3/16\ inch in diameter or depth, or with more than 
one skin break \1/8\ inch or larger in diameter or depth. Such pear 
shall be considered damaged, and scored against the grade tolerance.
    Damage by skin break means any pear with one skin break larger than 
\3/16\ inch in diameter or depth, or with more than one skin break \1/8\ 
inch or larger in diameter or depth. Such pear shall be considered 
damaged, and scored against the grade tolerance.
    Handpicked means that the pears do not show evidence of having been 
on the ground.
    Hard end is an abnormal yellow color at the blossom end, or an 
abnormally smooth, rounded base with little or no depression at the 
calyx, or if the flesh near the calyx is abnormally dry and tough or 
woody.
    Mature means that the pear has reached the stage of maturity which 
will insure the proper completion of the ripening process.
    Overripe means dead ripe, very mealy or soft, past commercial 
utility.
    Serious damage by cork spot is when more than two cork spots are 
visible externally, or when the visible external injury affects an 
aggregate area of more than \1/2\ inch in diameter. Serious damage by 
bruising is bruising which seriously affects the appearance, edible or 
shipping quality. For a tolerance of 10 percent or more, individual 
packages in any lot may contain not more than one and one-half times the 
tolerance specified, except that when the package contains 15 specimens 
or less, individual packages may contain not more than double the 
tolerance specified. For a tolerance of less than 10 percent, individual 
packages in any lot may contain not more than double the tolerance 
specified, provided at least one specimen which does not meet the 
requirements shall be allowed in any one package. Pears also shall not 
contain apple maggot, and shall not have more than 2 percent, by count, 
of pears with apple maggot injury, nor more than 2 percent, by count, of 
pears infested with San Jose scale or scale of similar appearance;
    (c) Decay, scald or any other deterioration which may have developed 
on apples or pears after they have been in storage or transit shall be 
considered

[[Page 180]]

as affecting condition and not the grade.
    (d) Each package of apples or pears is packed so that the apples or 
pears in the top layer shall be reasonably representative in size, 
color, and quality of the contents of the package; and
    (e) Each package of apples or pears is marked plainly and 
conspicuously with:
    (1) The name and address of the grower, packer, or domestic 
distributor: Provided, That the name of the foreign distributor may be 
placed on consumer unit packages shipped in a master container if such 
master container is marked with the name and address of the grower, 
packer, or domestic distributor;
    (2) The variety of the apples or pears;
    (3) The name of the U.S. grade or the name of a state grade if the 
fruit meets each minimum requirement of a U.S. grade specified in this 
section; and Provided further, That the marking requirements of this 
paragraph shall not apply to pears meeting minimum quality requirements 
of this section and shipped to Pacific ports of Russia.

[24 FR 6610, Aug. 14, 1959, as amended at 28 FR 12901, Dec. 12, 1963; 32 
FR 9298, June 30, 1967; 33 FR 12819, Sept. 11, 1968; 61 FR 50422, Sept. 
26, 1996; 62 FR 1033, Jan. 8, 1997]



Sec. 33.11  Inspection and certification.

    (a) Each person shipping, or offering for shipment, apples or pears 
to any foreign destination shall cause them to be inspected by the 
Federal or Federal-State Inspection Service in accordance with 
regulations governing the inspection and certification of fresh fruits, 
vegetables and other products (Part 2851 \1\ of this chapter) and 
certified as meeting the requirements of the Act and this part. No 
carrier shall transport, or receive for transportation, apples or pears 
to any foreign destination unless they have been so inspected and 
certified. Inspection and certification may be obtained at any time 
prior to exportation of the apples or pears. Such a Federal or Federal-
State certificate shall be designated as an ``Export Form Certificate'' 
and shall include the following statement: ``Meets requirements of 
Export Apple and Pear Act.'' The shipper shall deliver a copy of the 
Export Form Certificate or Memorandum of Inspection to the export 
carrier. Whenever apples or pears are inspected and certified at any 
point other than the port of exportation, the shipper shall deliver a 
copy of the Export Form Certificate or Memorandum of Inspection to the 
agent of the first carrier that thereafter transports such apples or 
pears and such agent shall deliver such copy to the proper official of 
the carrier on which the apples or pears, covered by such certificate or 
memorandum, are to be exported. A copy of the Export Form Certificate or 
Memorandum of Inspection shall be filed by the export carrier for a 
period of not less than three (3) years after date of export.
---------------------------------------------------------------------------

    \1\ Part 2851 was redesignated as part 51 at 46 FR 63203, Dec. 31, 
1981.
---------------------------------------------------------------------------

    (b) If the inspector has reason to believe that samples of a lot of 
apples or pears have been obtained for a determination as to compliance 
with tolerance for spray residue, established under the Federal Food, 
Drug and Cosmetic Act, as amended (52 Stat. 1040; 21 U.S.C. 301 et 
seq.), he shall not issue a certificate on the lot unless it complies 
with such tolerances.

                               Exemptions



Sec. 33.12  Apples and pears not subject to regulation.

    Except as otherwise provided in this section, any person may, 
without regard to the provisions of this part, ship or offer for 
shipment, and any carrier may, without regard to the provisions of this 
part, transport or receive for transportation to any foreign 
destination:
    (a) A quantity of apples or pears to any foreign country not 
exceeding a total of 5,000 pounds gross weight or 100 boxes of apples or 
pears packed in standard boxes on a single conveyance: Provided, That 
pears may be shipped to Western Hemisphere countries touching or lying 
south of the Tropic of Cancer in less than carload lots not exceeding 
one such lot to any one consignee or receiver on a single conveyance.
    (b) Apples or pears to Pacific ports west of the International Date 
Line which do not meet maturity standards of the grade specified in 
Sec. 33.10, if the

[[Page 181]]

packages are conspicuously marked or printed with the words ``Immature 
Fruit;'' (in letters at least two inches high) if inspected and 
certified as meeting all other requirements of Sec. Sec. 33.10 and 
33.11.
    (c) Apples for processing which do not meet the grade standards 
specified in Sec. 33.10, if such apples grade at least U.S. No. 1 as 
specified in U.S. Standards for Apples for Processing (Sec. Sec. 51.340 
to 51.344 of this chapter), and if the containers are conspicuously 
marked ``Cannery'' (in letters at least two inches high) if inspected 
and certified as meeting all other requirements of Sec. Sec. 33.10 and 
33.11.
    (d) Pears for processing which do not meet the grade standards 
specified in Sec. 33.10, if such pears grade at least U.S. No. 1 as 
specified in U.S. Standards for Pears for Canning (Sec. Sec. 51.1345 to 
51.1358 of this chapter), and if the containers are conspicuously marked 
``Cannery'' (in letters at least two inches high) if inspected and 
certified as meeting other requirements of Sec. Sec. 33.10 and 33.11.

[24 FR 6610, Aug. 14, 1959, as amended at 30 FR 8775, July 13, 1965; 54 
FR 29318, July 12, 1989]

                        Withholding Certificates



Sec. 33.13  Notice.

    If the Secretary is considering withholding the issuance of 
certificates under the act for a period of not exceeding 90 days to any 
person who ships, or offers for shipment, apples or pears to any foreign 
destination in violation of any provisions of the act or this part, he 
shall cause notice to be given to the person accused of the nature of 
the charges against him and of the specific instances in which violation 
of the act or the regulations in this part is charged.



Sec. 33.14  Opportunity for hearing.

    The person accused shall be entitled to a hearing, provided he makes 
written request therefor and files a written responsive answer to the 
charges made not later than 10 days after service of such notice upon 
him. The right to hearing shall be restricted to matters in issue. At 
such hearing, he shall have the right to be present in person or by 
counsel and to submit evidence and argument in his behalf. Failure to 
request a hearing within the specified time or failure to appear at the 
hearing when scheduled shall be deemed a waiver of the right to hearing. 
Such person may, in lieu of requesting an oral hearing, file a sworn 
written statement with the Secretary not later than 10 days after 
service of such notice upon him.



Sec. 33.15  Suspension of inspection.

    Any order to withhold the issuance of a certificate, as provided in 
section 6 of the act, will be effective from the date specified in the 
order but no earlier than the date of its service upon the person found 
to have been guilty. Such order will state the inclusive dates during 
which it is to remain in effect, and during this period no inspector 
employed or licensed by the Secretary shall issue any Export Form 
Certificate or Memorandum of Inspection to such person.



Sec. 33.16  Service of notice or order.

    Service of any notice or order required by the act or prescribed by 
the regulations in this part shall be deemed sufficient if made 
personally upon the person served, by registered mail, or by leaving a 
copy of such notice or order with an employee or agent at such person's 
usual place of business or abode or with any member of his immediate 
family at his place of abode. If the person named is a partnership, 
association, or corporation, service may similarly be made by service on 
any member of the partnership or any officer, employee, or agent of the 
association or corporation.

                          Interpretative Rules



Sec. 33.50  Apples and pears for processing.

    The terms ``apples for processing'' and ``pears for processing'' as 
used in Sec. 33.12 of this part apply only and are restricted to 
packages of apples or pears which were originally packaged for 
processing and marked ``Cannery'' as required by Sec. 33.12 (c) and (d) 
of this part. Packages of apples or pears not so originally packaged and 
marked are not eligible for certification as ``apples

[[Page 182]]

for processing'' or ``pears for processing'' for purposes of this part.

[25 FR 12430, Dec. 6, 1960]



Sec. 33.60  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. chapter 35 and have been assigned OMB control 
number 0581-0143.

[49 FR 23825, June 8, 1984]

                           PART 34 [RESERVED]



PART 35_EXPORT GRAPES AND PLUMS--Table of Contents




                               Definitions

Sec.
35.1 Act.
35.2 Person.
35.3 Secretary.
35.4 Carrier.
35.5 Package.
35.6 Shipment.
35.7 Certificate.
35.8 Date of export.

                               Regulations

35.11 Minimum requirements.
35.12 Inspection and certification.

                               Exemptions

35.13 Minimum quantity.

                        Withholding Certificates

35.14 Notice.
35.15 Opportunity for hearing.
35.16 Suspension of inspection.
35.17 Service of notice or order.
35.60 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: 74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599.

    Source: 26 FR 8934, Sept. 22, 1961, unless otherwise noted.

                               Definitions



Sec. 35.1  Act.

    Act or Export Grape and Plum Act means ``An Act to promote the 
foreign trade of the United States in grapes and plums, to protect the 
reputation of American-grown grapes and plums in foreign markets, to 
prevent deception or misrepresentation as to the quality of such 
products moving in foreign commerce, to provide for the commercial 
inspection of such products entering such commerce, and for other 
purposes'' (74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599).



Sec. 35.2  Person.

    Person means an individual, partnership, association, corporation, 
or any other business unit.



Sec. 35.3  Secretary.

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



Sec. 35.4  Carrier.

    Carrier means any common or private carrier, including, but not 
being limited to, trucks, rail, airplanes, vessels, tramp or chartered 
steamers, whether carrying for hire or otherwise.



Sec. 35.5  Package.

    Package means any container of any variety of vinifera species table 
grapes.

[41 FR 32877, Aug. 6, 1976]



Sec. 35.6  Shipment.

    Shipment means one or more lots of any variety of vinifera species 
table grapes shipped or offered for shipment by any one person in a 
single conveyance to a foreign country regardless of the number of 
consignees, receivers, or ports of destination in that country.

[41 FR 32877, Aug. 6, 1976]



Sec. 35.7  Certificate.

    Certificate or Certificate of Inspection means any of the official 
forms of inspection certificate, bearing the statement ``meets Export 
Grape and Plum Act,'' issued by the Federal or Federal-State Inspection 
Service in accordance

[[Page 183]]

with regulations governing the inspection of fresh fruits, vegetables, 
and other products (7 CFR part 2851 \1\).
---------------------------------------------------------------------------

    \1\ Part 2851 was redesignated as part 51 at 46 FR 63203, Dec. 31, 
1981.
---------------------------------------------------------------------------



Sec. 35.8  Date of export.

    Date of export means the date of loading on board the exporting 
carrier on which movement of the grapes from the United States is 
effected. The date of the on board bill of lading (or loading tally 
sheet) shall be considered to be the date the grapes were loaded on 
board, unless an ``on board'' date is shown.

                               Regulations



Sec. 35.11  Minimum requirements.

    No person shall ship, or offer for shipment, and no carrier shall 
transport, or receive for transportation, any shipment of any variety of 
vinifera species table grapes unless such grapes meet the following 
quality and container marking requirements applicable to the variety and 
destination specified:
    (a) Any such variety for export to destinations in Japan, Europe 
(defined to mean the following countries: Albania, Austria, Belgium, 
Bulgaria, Czechoslovakia, Denmark, East Germany, England, Finland, 
France, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, 
Luxembourg, Netherlands, Northern Ireland, Norway, Poland, Portugal, 
Rumania, Scotland, Spain, Sweden, Switzerland, Wales, West Germany, 
Yugoslavia), or Greenland shall meet each applicable minimum requirement 
of the U.S. Fancy Table grape grade as specified in the U.S. Standards 
for Grades of Table Grapes (European or Vinifera Type) (Sec. Sec. 
51.880-51.912 of this title) except that the minimum bunch size for all 
varieties shall be one-half pound. The Black Corinth variety shall be 
exempt from bunch and berry size requirements.
    (b) Any such variety for export to any foreign destination, other 
than destinations in Japan, Europe, Greenland, Canada, or Mexico, shall 
meet each applicable minimum requirement of the U.S. No. 1 Table grape 
grade as specified in the U.S. Standards for Grades of Table Grapes 
(European or Vinifera Type) (Sec. Sec. 51.880 through 51.912 of this 
title) except that an additional 2 percent tolerance for sealed berry 
cracks on Ribier and Exotic varieties is allowed. The Black Corinth 
variety shall be exempt from bunch and berry size requirements.
    (c) Each package of any such variety, other than those in packages 
of 5 pounds or less in master containers, to any destination other than 
in Canada or Mexico shall be plainly and conspicuously marked with the 
name and address of the grower or packer, the variety, and the 
applicable inspection lot stamp number, except that when the packages 
are unitized, the requirement as to inspection lot stamp marking shall 
be deemed as met if the exposed box ends on one end of the unit are so 
marked.

[41 FR 32877, Aug. 6, 1976, as amended at 61 FR 54082, Oct. 17, 1996]



Sec. 35.12  Inspection and certification.

    (a) Each person shipping or offering for shipment any variety of 
vinifera species table grapes, to any foreign destination other than 
destinations in Canada or Mexico, shall cause them to be inspected 
within 14 days prior to date of export by the Federal or Federal-State 
Inspection Service in accordance with regulations governing the 
inspection and certification of fresh fruits, vegetables, and other 
products (part 51 of this chapter) and certified as meeting the 
requirements of the act and this part.
    (b) The Federal or Federal-State certificate shall be designated as 
an ``Export Form Certificate'' and shall include one of the following 
statements as applicable:
    (1) For any variety meeting specifications of paragraph (a) of Sec. 
35.11 ``Meets requirements of Export Grape and Plum Act'' or (2) For any 
variety meeting specifications of paragraph (b) of Sec. 35.11 ``Meets 
requirements of Export Grape and Plum Act except for export to 
destinations in Europe, Greenland, or Japan.'' No carrier shall 
transport or receive for transportation any such variety to any foreign 
destination other than Canada or Mexico unless a copy of the certificate 
of inspection issued thereon showing that the grapes meet

[[Page 184]]

requirements for the applicable export destination is surrendered to 
such carrier when such variety is so received. The shipper shall deliver 
a copy of such certificate covering the shipment to the export carrier. 
Such grapes may be inspected at points other than port of exportation. 
Whenever such grapes are inspected and certified at any point other than 
port of exportation, the shipper shall deliver a copy of such 
certificate to the agent of the first carrier that thereafter transports 
such grapes and such agent shall deliver such copy to the proper 
official of the carrier on which the grapes are to be exported.
    (c) A copy of the Certificate of Inspection shall be filed by the 
export carrier for a period of not less than three (3) years following 
date of export.
    (d) Persons exporting grapes under the provisions of section 2 of 
the Act shall first submit to the Federal or Federal-State Inspection 
Service a certification in duplicate stating the names and addresses of 
the contracting parties, the date of contract, the quantity of grapes to 
be delivered, the U.S. grade specified, the expected date of shipment, 
and the name and address of the export carrier. The certificate of 
inspection shall indicate that the grapes are eligible for export under 
section 2 of the Act.
    (e) If the inspector has reason to believe that samples of a lot of 
any variety of vinifera species table grapes have been obtained for a 
determination as to compliance with tolerance for spray residue, 
established under the Federal Food, Drug and Cosmetic Act, as amended 
(52 Stat. 1040; 21 U.S.C. 301 et seq.), he shall not issue a certificate 
on the lot unless it complies with such tolerances.

[26 FR 8934, Sept. 22, 1961, as amended at 41 FR 32878, Aug. 6, 1976]

                               Exemptions



Sec. 35.13  Minimum quantity.

    Any person may, without regard to the provisions of this part, ship 
or offer for shipment, and any carrier may, without regard to the 
provisions of this part, transport or receive for transportation to any 
foreign destination, a shipment of 25 packages or less of vinifera 
species table grapes, either a single variety or a combination of two or 
more varieties, not exceeding 1,250 pounds gross weight.

[41 FR 32878, Aug. 6, 1976]

                        Withholding Certificates



Sec. 35.14  Notice.

    If the Secretary is considering withholding the issuance of 
certificates under the Act for a period of not exceeding 90 days to any 
person who ships, or offers for shipment, any variety of vinifera 
species table grapes to any foreign destination in violation of any 
provisions of the Act or this part, he shall cause notice to be given to 
the person accused of the nature of the charges against him and of the 
specific instances in which violation of the Act or the regulations in 
this part is charged.

[41 FR 32878, Aug. 6, 1976]



Sec. 35.15  Opportunity for hearing.

    The person accused shall be entitled to a hearing, provided he makes 
written request therefor and files a written responsive answer to the 
charges made not later than 10 days after service of such notice upon 
him. The right to hearing shall be restricted to matters in issue. At 
such hearing, he shall have the right to be present in person or by 
counsel and to submit evidence and argument in his behalf. Failure to 
request a hearing within the specified time or failure to appear at the 
hearing when scheduled shall be deemed a waiver of the right to hearing. 
Such person may, in lieu of requesting an oral hearing, file a sworn 
written statement with the Secretary not later than 10 days after 
service of such notice upon him.



Sec. 35.16  Suspension of inspection.

    Any order to withhold the issuance of a certificate, as provided in 
section 6 of the Act, will be effective from the date specified in the 
order but no earlier than the date of its service upon the person found 
to have been guilty. Such order will state the inclusive dates during 
which it is to remain in effect, and during this period no inspector 
employed or licensed by the Secretary

[[Page 185]]

shall issue any Certificate of Inspection to such person.



Sec. 35.17  Service of notice or order.

    Service of any notice or order required by the Act or prescribed by 
the regulations in this part shall be deemed sufficient if made 
personally upon the person served, by registered mail, or by leaving a 
copy of such notice or order with an employee or agent at such person's 
usual place of business or abode or with any member of his immediate 
family at his place of abode. If the person named is a partnership, 
association, or corporation, service may similarly be made by service on 
any member of the partnership or any officer, employee, or agent of the 
association or corporation.



Sec. 35.60  OMB control numbers assigned pursuant to the Paperwork Reduction 
Act.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. chapter 35 and have been assigned OMB control 
number 0581-0143.

[49 FR 23826, June 8, 1984]



PART 36_PROCEDURES BY WHICH THE AGRICULTURAL MARKETING SERVICE DEVELOPS, 

REVISES, SUSPENDS, OR TERMINATES VOLUNTARY OFFICIAL GRADE STANDARDS
--Table of Contents




Sec.
36.1 General information.
36.2 Initiating action on grade standards.
36.3 Public notification of grade standards action.

    Authority: 7 U.S.C. 1621-1627.

    Source: 62 FR 43439, Aug. 13, 1997, unless otherwise noted.



Sec. 36.1  General information.

    The Agricultural Marketing Service (AMS or agency) of the U.S. 
Department of Agriculture (USDA) facilitates the fair and efficient 
marketing of agricultural products by promulgating voluntary official 
grade standards for dairy, fresh and processed fruits and vegetables, 
livestock, meats and meat products, eggs, poultry and rabbit products, 
tobacco, wool, mohair, and other agricultural products. AMS standards 
provide a uniform language for describing the quality of various 
agricultural commodities in the marketplace. These standards may cover 
(but are not limited to) terms, classes, sizes (including quantities of 
packaged consumer agricultural commodities), dimensions, capacities, 
quality levels, performance criteria, inspection requirements, marking 
requirements, testing equipment, test procedures, and installation 
procedures.
    (a) Grade standards are officially designated as U.S. Grade 
Standards and the AMS assigns each grade standard an appropriate 
identification number. AMS develops, revises, suspends, or terminates 
official grade standards under procedures that allows for input by 
interested parties.
    (b) These procedures set forth the process by which AMS will 
develop, revise, suspend, or terminate the U.S. standards.
    (c) Communications about AMS standards in general should be 
addressed to the Administrator, Attention: Functional Committee for 
Standards. Communications about specific standards (such as a request to 
develop or revise a standard) should be addressed to the Director of the 
appropriate Division (Dairy, Fruit and Vegetable, Livestock and Seed, 
Poultry, or Tobacco). All communications should include in the address: 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. Box 
96456, Washington, DC 20090-6456.



Sec. 36.2  Initiating action on grade standards.

    The Agency will develop, revise, suspend, or terminate grade 
standards if it determines that such action is in the public interest. 
Any standardization action should reflect the broad interest of 
individuals or an industry involved in manufacturing, producing, 
packaging, distributing, testing, consuming, or using the product; or 
the interest of a Federal, State, or local agency. Proposed actions 
should always be based on sound technical and

[[Page 186]]

marketing information and should include careful consideration of the 
factors that determine a commodity's quality and condition and that will 
allow trained personnel to determine objectively conformance or non-
conformance.
    (a) AMS encourages interested parties to participate in the review, 
development, and revision of grade standards. Interested parties include 
growers, producers, processors, shippers, distributors, consumers, 
individuals or groups, trade associations, companies, and State or 
Federal agencies. Such groups and individuals may at any time recommend 
that AMS develop, revise suspend, or terminate a grade standard. 
Requests for Agency action should be in writing, preferably accompanied 
by a draft of the suggested change.
    (1) The Agency, in cooperation with interested parties, as 
applicable, will:
    (i) Determine the need for new or revised standards;
    (ii) Collect technical, marketing, or other appropriate data;
    (iii) Conduct research regarding new or revised standards, as 
appropriate; and,
    (iv) Draft the proposed standards;
    (2) [Reserved]
    (b) If the Agency determines that new standards are needed, existing 
standards need to be revised, or the suspension or termination of 
existing standards is justified, it will undertake the action, with 
input from all interested parties.



Sec. 36.3  Public notification of grade standards action.

    After developing a standardization proposal, the Agency will publish 
a notice in the Federal Register describing new or changes to existing 
standards or to suspend or terminate existing standards. AMS will 
simultaneously issue a news release about these actions. AMS will also 
distribute copies of the full text of the proposals to anyone requesting 
a copy or to anyone the Agency believes may be interested, including 
other Federal, State, or local government agencies, and on the Internet. 
For other than minor editorial or technical changes, the notice will 
provide at least 60 days for interested parties to submit comments to 
the Agency.
    (a) All comments received within the comment period will be part of 
the public record maintained by the Agency, will be available to the 
public for review, and will be considered by the Agency before final 
action is taken on the proposal.
    (1) Based on the comments received, the Agency'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.
    (2) If AMS concludes that the actions as proposed or with minor 
modifications should be adopted, AMS will publish a description of the 
changes or actions in a Federal Register notice. The Agency, through the 
appropriate AMS Divisions, will make the grade standards and related 
information available in printed form and electronic media.
    (3) If the Agency determines that proposed changes are not 
warranted, or otherwise are not in the public interest, the Agency will 
either publish in the Federal Register a notice withdrawing the 
proposal, or will revise the proposal and again seek public input.
    (b) [Reserved]



PART 37_PROGRAM TO ASSESS ORGANIC CERTIFYING AGENCIES--Table of Contents




Sec.
37.1 Definitions.
37.2 Services.
37.3 Availability of service.
37.4 How to apply for service.
37.5 Order of furnishing service.
37.6 When application may be withdrawn.
37.7 Authority to request service.
37.8 Financial interest of official.
37.9 Access to establishments or records; record retention.
37.10 Official assessment.
37.11 Publication of program assessment status.
37.12 Reassessment.
37.13 Suspension or denial of program assessment; appeals and 
          termination.
37.14 Fees and other charges.
37.15 Payment of fees.
37.16 OMB assigned numbers.

    Authority: 7 U.S.C. 1621-1627.

    Source: 64 FR 30867, June 9, 1999, unless otherwise noted.

[[Page 187]]



Sec. 37.1  Definitions.

    Words used in this part in the singular form shall be deemed to 
impart the plural, and vice versa, as the case may demand. For the 
purposes of such regulations, unless the context otherwise requires, the 
following terms shall be construed, respectively, to mean:
    Assessment services. The services provided by the Meat Grading and 
Certification Branch in accordance with the regulations that may result 
in assessment of an organic certification program that certifies 
agricultural commodities to established specifications or standards.
    Act. The Agricultural Marketing Act of 1946 (Title II of the act of 
Congress approved August 14, 1946, 60 Stat. 1087, as amended by Pub. L. 
272, 84th Cong., 69 Stat. 553, 7 U.S.C. 1621-1627).
    Agricultural commodity. Any agricultural commodity or product, raw 
or processed, that is used for human or animal consumption or use.
    Agricultural Marketing Service. The Agricultural Marketing Service 
of the Department.
    Applicant. Any person who applies for service under the regulations.
    Audit. A systematic review of the adequacy of program or system 
documentation, or the review of the completeness of implementation of a 
documented program or system.
    Auditor. Person authorized by the Branch to conduct official 
assessments of agricultural commodity product certification programs.
    Branch. The Meat Grading and Certification Branch.
    Branch Chief. The Chief of the Branch, or any officer or employee of 
the Meat Grading and Certification Branch, Livestock and Seed Program, 
Agricultural Marketing Service, to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated, to act in 
his or her stead.
    Department. The United States Department of Agriculture.
    Deputy Administrator. The Deputy Administrator of the Livestock and 
Seed Program of the Agricultural Marketing Service or any officer or 
employee of the Livestock and Seed Program to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated to act in his or her stead.
    Legal holiday. Those days designated as legal public holidays in 
Title 5, United States Code, Section 6103(a).
    Livestock and Seed Program. The Livestock and Seed Program of the 
Agricultural Marketing Service.
    Part. The program to assess organic certifying agencies in the 
regulations.
    Person. Any individual, partnership, corporation, or other legal 
entity, or Government agency.
    Quality Manual. A manual documenting an organic certifying agency's 
quality system and associated quality certification procedures used to 
certify organic producers and handlers of organically produced 
agricultural commodities in accordance with established specifications 
or standards.
    Regulations. The regulations in this part.



Sec. 37.2  Services.

    Organic certifying agencies requesting assessment services under 
this Part shall conform to the provisions of the regulations and the 
requirements of International Organization for Standardization/
International Electrotechnical Commission (ISO/IEC) Guide 65--General 
Requirements for Bodies Operating Product Certification Systems, Ref. 
No. ISO/IEC Guide 65:1996, or other internationally recognized 
guidelines or requirements. The Director of the Federal Register 
approves the incorporation by reference of ISO/IEC Guide 65 in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy 
from the American National Standards Institute, 11 West 42nd Street, New 
York, NY 10036. You may inspect a copy at USDA, AMS, LSP, MGCB; STOP 
0248, Room 2628-S; 1400 Independence Ave., SW., Washington, DC 20250-
0248 or at the Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC 20488.
    (a) Assessment services provided under the regulations shall consist 
of:
    (1) Review of the adequacy of an applicant's quality manual against 
the requirements of ISO Guide 65; and
    (2) Onsite auditing of an applicant's organic certification program 
to ensure implementation of the provisions

[[Page 188]]

of the quality manual and the applicant's compliance with the 
requirements of ISO Guide 65.
    (b) Organic certifying agencies also may request assessment services 
under other international recognized guidelines or requirements. 
Developmental assistance in the form of training to explain requirements 
for quality system assessment is available upon request.



Sec. 37.3  Availability of service.

    Service under these regulations is available to State and private 
organic certifying agencies.



Sec. 37.4  How to apply for service.

    (a) Application. Any organic certifying agency may apply to the 
Branch Chief, Meat Grading and Certification (MGC) Branch, Livestock and 
Seed (LS) Program, AMS, P.O. Box 96456, Room 2628-South, Washington, DC, 
20090-6456 for assessment service. The application shall be made on Form 
LS-314, Application for Service. The applicant shall provide the 
following:
    (1) The name and address of the establishment at which service is 
desired;
    (2) The name and post office address of the applicant;
    (3) The financial interest of the applicant in the program, except 
where application is made by an official of a State Government agency in 
their official capacity;
    (4) The type of business and services provided;
    (5) The type of commodity certified; and
    (6) the signature of the applicant (or the signature and title of 
his representative). The application shall indicate the status of the 
applicant as an individual, partnership, corporation, or other form of 
entity. Any change in such status, at any time while service is being 
received, shall be promptly reported to the Department by the person 
receiving the service.
    (b) Notice of eligibility for service. The applicant will be 
notified whether its application is approved, and the request for 
service deemed made under the regulations. Upon approval of a request 
for service, the applicant shall provide a copy of its quality manual.
    (c) Applicants requiring additional assessment audits who have 
already submitted Form LS-314 are not required to submit an additional 
Form LS-314: Provided that, the required information on the original 
Form LS-314 remains unchanged.



Sec. 37.5  Order of furnishing service.

    Service under the regulations shall be furnished to applicants in 
the order in which requests for service therefore are received, insofar 
as consistent with good management, efficiency, and economy.



Sec. 37.6  When application may be withdrawn.

    An application or a request for service may be withdrawn by the 
applicant at any time before the application is approved or prior to 
performance of service: provided that, the applicant shall pay any 
expenses which have been incurred by the Department in connection with 
such application.



Sec. 37.7  Authority to request service.

    Proof of the interest of an applicant involved in the request for 
service, or of the authority of any person applying for the service on 
behalf of another may be required, at the discretion of the reviewing 
official.



Sec. 37.8  Financial interest of official.

    No auditor or other Department official shall review any programs or 
documents concerning a certification program in which the official is 
directly or indirectly financially interested.



Sec. 37.9  Access to establishments or records; record retention.

    The applicant shall cause records and documents, with respect to 
which service is requested, to be made easily accessible for 
examination. Supervisors and other employees of the Department 
responsible for maintaining uniformity and accuracy of service shall 
have access to all parts of establishments covered by approved 
applications for service under the regulations, during normal business 
hours or during periods of production, for the purpose of evaluating 
systems or processes associated with an approved certification program. 
Records and documents shall be

[[Page 189]]

retained for at least 5 years beyond the date of the applicant's request 
for service.



Sec. 37.10  Official assessment.

    Official assessment of an applicant's certification program shall be 
granted upon successful completion of a two-step review process, as 
provided for in Sec. 37.2.
    (a) Documentation approval. Documentation approval will be provided 
by the Branch Chief regarding the adequacy of an applicant's quality 
manual with respect to ISO Guide 65 requirements upon completion of an 
adequacy audit by the auditors.
    (b) Program assessment. Assessment of a certification program will 
be issued by the Branch Chief by written memorandum or other approved 
method of assessment upon successful completion of an onsite audit 
conducted by the auditors of an applicant's organic certification 
program ensuring that the provisions of the applicant's quality manual 
have been implemented and that the applicant's certification program 
complies with the requirements of ISO Guide 65.
    (c) Disapproval and corrections. An applicant determined not to meet 
applicable assessment requirements shall be provided by the Branch Chief 
with a written summary of observed program deficiencies. The applicant 
may appeal such a determination in accordance with the provisions of 
Sec. 37.13 or implement required corrective action. After completion of 
the corrective action, the applicant may contact the Branch Chief to 
schedule another audit for assessment.



Sec. 37.11  Publication of program assessment status.

    (a) The names of assessed certifying agencies shall be posted for 
public reference on the Livestock and Seed Program's website at: http://
www.ams.usda.gov/lsg/. Such postings shall include: certifier's name and 
contact information; referenced specification or standard(s) covered 
under the scope of assessment; effective date of assessment; and control 
number(s) of official certificate(s), as applicable.
    (b) The names of assessed certifying agencies posted on the 
Livestock and Seed Program's website may be removed from the website 
upon suspension or termination of assessment for noncompliance with the 
regulations pursuant to Sec. 37.13.



Sec. 37.12  Reassessment.

    Approved certification programs shall be subject to periodic 
reassessment to ensure ongoing compliance with the regulations, 
including the requirements of ISO Guide 65. The frequency of such 
reassessment shall be based on the relative risk associated with the 
certification program's integrity, as determined by the Branch Chief.



Sec. 37.13  Suspension or denial of program assessment; appeals and 
termination.

    (a) Suspension or denial of assessment. When a review of a 
certification program by auditors finds noncompliance with the 
regulations, including the requirements of ISO Guide 65, the Branch 
Chief may suspend or deny assessment until subsequent audits show the 
noncompliance has been corrected.
    (b) Appeals. Appeals of adverse decisions by an auditor or the 
Branch Chief may be made in writing to the Livestock and Seed Program 
Deputy Administrator at Room 2092-South, 1400 Independence Avenue, SW., 
Washington, DC 20250-0249.
    (c) Termination. If noncompliance with the regulations remains 
uncorrected beyond a reasonable amount of time, as determined by the 
Livestock and Seed Program Deputy Administrator, an application may be 
rejected or program assessment terminated.
    (1) Procedure. Actions under this subparagraph concerning rejection 
of an application or termination of assessment shall be conducted in 
accordance with the Rules of Practice Governing Formal Adjudicatory 
Proceedings Instituted by the Secretary Under Various Statutes set forth 
in Sec. Sec. 1.130 through 1.151 of this title.
    (2) [Reserved]



Sec. 37.14  Fees and other charges.

    Fees and other charges equal as nearly as may be to the cost of the 
assessment services rendered under the regulations, including 
reassessments, shall

[[Page 190]]

be assessed and collected from applicants in accordance with the 
following provisions.
    (a) Fees for Service. Except as otherwise provided in this section, 
fees-for-service shall be based on the time required to render the 
service provided calculated to the nearest 15-minute period, including 
auditor's travel, review and approval of quality manual, the conduct of 
the onsite audit, and time required to prepare reports and any other 
documents in connection with the performance of service. The base hourly 
rate for such service is $42.20 per hour for 8 hours or less of work 
performed between the hours of 6 a.m. and 6 p.m., Monday through Friday, 
except on legal holidays. The premium hourly rate for all applicants is 
$47.80 per hour charged to users of the service for the hours worked in 
excess of 8 hours per day between the hours of 6 a.m. and 6 p.m.; for 
the hours worked between 6 p.m. and 6 a.m., Monday through Friday; and 
for any time worked on Saturday and Sunday, except on legal holidays. 
The holiday rate for all applicants is $79.60 charged to users of the 
service for all hours worked on legal holidays.
    (b) Travel charges. When service is requested at a place so distant 
from an auditor's headquarters, or place of prior assignment on 
circuitous routing, that a total of one-half hour or more is required 
for the auditor to travel to such place and back to the headquarters, or 
to the next place of assignment on a circuitous routing, the charge for 
such service shall include mileage charge administratively determined by 
the Department, and travel tolls, if applicable, or such travel prorated 
against all the applicants furnished the service involved on an 
equitable basis, or where the travel is made by public transportation 
(including hired vehicles), a fee equal to the actual cost thereof. 
However, the applicant will not be charged a new mileage rate without 
notification before the service is rendered.
    (c) Per diem charges. When service is requested at a place away from 
the auditor's headquarters, the fee for such service shall include a per 
diem charge if the employee performing the service is paid per diem in 
accordance with existing travel regulations. Per diem charges to 
applicants will cover the same period of time for which the auditor 
receives per diem reimbursement. The per diem rate will be 
administratively determined by the Department. However, the applicant 
will not be charged a new per diem rate without notification before the 
service is rendered.
    (d) Other costs. When costs, other than costs specified in 
paragraphs (a), (b), and (c) of this section are associated with 
providing the services, the applicant will be charged for these costs. 
The amount of the costs charged will be determined administratively by 
the Department. However, the applicant will not be charged for such cost 
without notification before the service is rendered of the charge for 
such item of expense.



Sec. 37.15  Payment of fees.

    Fees and other charges for service shall be paid by the applicant to 
the Livestock and Seed Program, AMS, P.O. Box 96456, Room 2628-South, 
Washington, DC 20090-6456, with a check made payable to the Agricultural 
Marketing Service.



Sec. 37.16  OMB assigned numbers.

    The information collection and recordkeeping requirements contained 
in this part have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
Chapter 35 and have been assigned OMB Control Number 0581-0183.

                         PARTS 38-41 [RESERVED]



PART 42_STANDARDS FOR CONDITION OF FOOD CONTAINERS--Table of Contents




                          Subpart A_Definitions

Sec.
42.101 Meaning of words.
42.102 Definitions, general.

     Subpart B_Procedures for Stationary Lot Sampling and Inspection

42.103 Purpose and scope.
42.104 Sampling plans and defects.
42.105 Basis for selection of sample.
42.106 Classifying and recording defects.

[[Page 191]]

42.107 Lot acceptance criteria.
42.108 Normal, tightened or reduced inspection.
42.109 Sampling plans for normal condition of container inspection, 
          Tables I and I-A.
42.110 Sampling plans for tightened condition of container inspection, 
          Tables II and II-A.
42.111 Sampling plans for reduced condition of container inspection, 
          Tables III and III-A; and limit number for reduced inspection, 
          Table III-B.
42.112 Defects of containers: Tables IV, V, VI, and VII.
42.113 Defects of label, marking, or code: Table VIII.

          Subpart C_Skip Lot Sampling and Inspection Procedures

42.120 Description and qualification.
42.121 Sampling and inspection procedures.
42.122 Applicability of other procedures.
42.123 Flow diagram for skip lot sampling and inspection.

          Subpart D_On-Line Sampling and Inspection Procedures

42.130 Description and qualifications.
42.131 Selection of samples.
42.132 Determining cumulative sum values.
42.133 Portion of production acceptance criteria.
42.134 Disposition of rejected portions of production.
42.135 Normal, tightened or reduced on-line inspection.
42.136 Applicability of other procedures.

                         Subpart E_Miscellaneous

42.140 Operating Characteristic (OC) curves for on-line sampling and 
          inspection.
42.141 Obtaining Operating Characteristic (OC) curve information for 
          skip lot sampling and inspection.
42.142 Curve for obtaining Operating Characteristic (OC) curve 
          information for skip lot sampling and inspection.
42.143 Operating Characteristic (OC) curves for on-line sampling and 
          inspection.

    Authority: Secs. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended (7 U.S.C. 1622, 1624).



                          Subpart A_Definitions



Sec. 42.101  Meaning of words.

    Words used in this part in the singular form shall be considered to 
import the plural, or vice versa, as the case may demand.

[31 FR 4687, Mar. 19, 1966; 31 FR 4949, Mar. 25, 1966; Redesignated at 
42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981]



Sec. 42.102  Definitions, general.

    For the purpose of this part, unless the context otherwise requires, 
the following terms shall be construed, respectively, to mean:
    Acceptable Quality Level (AQL). The maximum number of defects per 
hundred units (DHU) which is acceptable as a process average. Lots, or 
portions of production, having a quality level equal to a specified AQL 
will be accepted approximately 95 percent of the time when using the 
sampling plans prescribed for the AQL.
    Acceptance Number (Ac). The number in a sampling plan that indicates 
the maximum number of defects permitted in a sample in order to consider 
a lot as meeting a specific requirement.
    Administrator. The Administrator of the Agricultural Marketing 
Service (AMS) of the Department or any other officer or employee of the 
Agency to whom there has heretofore been delegated, or to whom there may 
hereafter be delegated, the authority to act in his stead.
    Basic Inspection Period. A specified period of consecutive 
production designated for on-line inspection (e.g., one shift's 
production, one day's production, etc.).
    Condition. The degree of acceptability of the container with respect 
to freedom from defects which affect the serviceability, including 
appearance as well as usability, of the container for its intended 
purpose.
    Cumulative Sum Sampling (CuSum) Plan. An on-line sampling plan that 
accumulates the number of defects which exceed the subgroup tolerance 
(``T'') in a series of consecutive subgroups. Terms specified to the 
CuSum sampling plans are:
    (a) Acceptance Limit (``L''). The maximum accumulation of defects 
allowed to exceed the subgroup tolerance (``T'') in any subgroup or 
consecutive subgroups.
    (b) CuSum value. The accumulated number of defects that exceed the 
subgroup tolerance (``T'').

[[Page 192]]

    (c) Subgroup tolerance (``T''). The allowable number of defects in 
any subgroup.
    (d) Starting value (``S''). The initial CuSum value used to begin a 
CuSum sampling plan.
    Defect. Any nonconformance of a container from specified 
requirements.
    Defect classifications. The terms used to denote the severity of a 
defect. The terms are as follows:
    (a) Critical defect. A defect that seriously affects, or is likely 
to seriously affect, the usability of the container for its intended 
purpose.
    (b) Major defect. A defect that materially affects, or is likely to 
materially affect, the usability of the container for its intended 
purpose.
    (c) Minor defect. A defect that materially affects the appearance of 
the container but is not likely to affect the usability of the container 
for its intended purpose.
    (d) Insignificant defect. A flaw in the container that does not 
materially affect the appearance and does not affect usability of the 
container for its intended purpose. When performing examinations, 
insignificant defects shall not be recorded.
    Defective. A container which has one or more defects.
    Department. The U.S. Department of Agriculture.
    Double sampling. A sampling scheme which involves use of two 
independently drawn but related samples, a first sample and a second 
sample which is added to the first to form a total sample size. A double 
sampling plan consists of first and total sample sizes with associated 
acceptance and rejection criteria. The first sample must be inspected 
first, and if possible, a decision as to acceptance or rejection of the 
lot made before a second sample is inspected. When the decision cannot 
be made on the first sample, a second sample is inspected; the decision 
to accept or reject is based on the total sample size.
    Lot. A collection of filled food containers of the same size, type, 
and style. The term shall mean ``inspection lot,'' i.e., a collection of 
units of product from which a sample is to be drawn and inspected to 
determine conformance with the applicable acceptance criteria. An 
inspection lot may differ from a collection of units designated as a lot 
for other purposes (e.g., production lot, shipping lot, etc.).
    On-line sampling. The random selection of samples from a production 
line.
    Operating Characteristic Curve (OC Curve). A curve that gives the 
probability of acceptance as a function of the quality level of the lot 
or the quality level of the portion of production. It shows the 
discriminatory power of a sampling plan, i.e., how the probability of 
accepting a lot, or portion of production, varies with the quality of 
the containers offered for inspection.
    Origin inspection. An inspection made at any location where the 
filled containers are examined prior to shipment or transfer to the 
purchaser.
    Primary container. The immediate container in which the product is 
packaged and which serves to protect, preserve, and maintain the 
condition of the product. It may be metal, glass, fiber, wood, textile, 
plastic, paper, or any other suitable type of material and may be 
supplemented by liners, overwraps, or other protective materials.
    Probability of acceptance--(a) For stationary lot sampling. The 
chance that a lot with a given level of quality will be accepted. 
Probability of acceptance is synonymous with ``Percent of Lots Expected 
to be Accepted.'' The probability of acceptance is normally designated 
as ``Pa'' but is designated as ``Pas'' when referring to skip lot 
sampling and inspection.
    (b) For On-line Sampling. The chance that a portion of production 
with a given level of quality will be accepted. Probability of 
acceptance is synonymous with ``Percent of Production Expected to be 
Accepted.'' The probability of acceptance is normally designated as 
``Pa.'' In on-line sampling inspection, the probability of acceptance of 
any portion of production depends on the sample results obtained from 
the preceding portions. The probability of acceptance values associated 
with these procedures are the values which would be expected if a large 
number of samples are to be inspected. For the CuSum plans referenced in 
this standard, the probability of acceptance at the Acceptable Quality 
Level (AQL) is

[[Page 193]]

approximately 95 percent. The starting value (``S'') associated with 
each CuSum plan helps to make the probability of acceptance of the first 
portions of production of a basic inspection period as close as possible 
to 95 percent.
    Random sampling. A process of selecting a sample from a lot, or 
portion of production, whereby each unit in the lot of portion of 
production, has an equal chance of being chosen.
    Rejection number (Re). The number in a sampling plan that indicates 
the minimum number of defects in a sample that will cause a lot to fail 
a specific requirement.
    Sample. Any number of sample units which are to be used for 
inspection.
    Sample size (n). The number of sample units which are to be included 
in the sample.
    Sample unit. The individual container including any component parts.
    Sampling plan. Any plan stating the number of sample units to be 
included in the sample as well as the corresponding plan parameters used 
to make acceptance and rejection decisions.
    Secondary container. The container in which one or more primary 
containers are packed. For example, a shipping case containing canned 
product.
    Shipping case. The container in which the product or primary 
containers of the product are placed to protect, preserve, and maintain 
the condition of the product during transit or storage. The shipping 
case may include strapping, liners or other protective material.
    Single sampling. A sampling scheme where the decision to accept or 
reject an inspection lot with respect to a specified requirement is made 
after the inspection of a single sample. A single sampling plan consists 
of a single sample size with associated acceptance and rejection 
criteria.
    Stationary lot sampling. The process of randomly selecting sample 
units from a lot whose production has been completed. This type of lot 
is usually stored in a warehouse or in some other storage area and is 
offered ``in toto'' for inspection.
    Subgroup. A group of sample units representing a portion of 
production.
    Total defects. The sum of critical, major, and minor defects.
    User. The person or agency at whose request inspection is conducted.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971; 
41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further amended at 45 FR 69423, Oct. 21, 1980. Redesignated at 46 FR 
63203, Dec. 31, 1981]



     Subpart B_Procedures for Stationary Lot Sampling and Inspection



Sec. 42.103  Purpose and scope.

    (a) This subpart outlines the procedure to be used to establish the 
condition of containers in stationary lots of packaged foods. This 
subpart shall be used to determine the acceptability of a lot based on 
specified acceptable quality levels and defects referenced in Sec. 
42.104 or any alternative plan which is approved by the Administrator. 
In addition, any other sampling plan in the tables with a larger first 
sample size than that indicated by the lot size range may be specified 
when approved by the Administrator. This subpart or approved alternative 
plan will be applied when a Government agency or private user of the 
inspection or grading services requests that filled primary containers 
or shipping cases, or both, be certified for condition. Unless the 
request for certification specifically asks that only the primary 
container or only the shipping case be examined, both containers will be 
examined.
    (b) Unless otherwise specified by the user of service, this subpart 
will not apply to inspection lots of less than 50 shipping cases or to 
inspection lots of less than 300 primary containers. When the primary 
container is the shipping case, the shipping case limit will apply. When 
the lot size exceeds either the 50 shipping case limit or the 300 
primary container limit or both, the provisions of paragraph (a) of this 
section will apply.
    (c) Under certain conditions, special procedures (Skip Lot Sampling 
and Inspection) may be used to determine the condition of containers in 
stationary lots of packaged foods. Subpart C sets

[[Page 194]]

forth the requirements and procedures for Skip Lot Sampling and 
Inspection.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971; 
41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further amended at 45 FR 69424, Oct. 21, 1980. Redesignated at 46 FR 
63203, Dec. 31, 1981]



Sec. 42.104  Sampling plans and defects.

    (a) Sampling plans. Sections 42.109 through 42.111 show the number 
of containers to examine for condition in relation to lot size ranges. 
The tables provide acceptance (Ac) and rejection (Re) numbers for lot 
acceptance (or rejection) based on the number, class, and type of 
defects present in the sample.
    (b) Defects. The tables in Sec. 42.112 enumerate and classify 
defects according to the degree to which the individual defect affects 
the serviceability, including appearance as well as usability, of the 
container for its intended purpose. The table in Sec. 42.113 enumerates 
and classifies defects of the label, marking, or code.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec. 42.105  Basis for selection of sample.

    (a) Identification of lot. Selection of proper samples requires 
sufficient information to identify the lot; such information includes, 
but is not limited to:
    (1) The lot size (see Sec. 42.103 for restriction on small lots);
    (2) The type and size of container;
    (3) The code marks or other identification marks and the number of 
containers represented by each mark.
    (4) The history of the lot regarding previous inspections; and
    (5) The inspection status (normal, tightened, or reduced).
    (b) Preliminary scanning. Prior to drawing the sample, the lot 
should be scanned to determine if any segments or portions are abnormal 
with respect to wet cases, blown cans, top layer rust, leaking bags, 
etc. If such segments or portions noted are of any consequence, the lot 
may be rejected for condition of containers without sampling.
    (c) Sample size. Determination of the number of containers to check 
for condition:
    (1) Refer to the table in Sec. Sec. 42.109 through 42.111 (sampling 
plans) and find where the lot size (number of individual containers) 
fits into the column headed ``Lot Size Ranges.''
    (i) Tables I-A (normal), II-A (tightened), or III-A (reduced), as 
applicable, will apply to origin inspections, unless the contractor 
requests that corresponding single sampling plans be used.
    (ii) The appropriate double sampling plans in Table I will apply to 
other than origin inspections, unless the contractor requests that 
corresponding single sampling plans be used.
    (2) Select the appropriate sample size for the corresponding lot 
size range as indicated in the appropriate column headed ``Sample 
Size.''
    (3) Lots rejected for unsatisfactory condition of containers may be 
subsequently sampled after being reconditioned or reworked. Such lots or 
resulting portion of a lot may be sampled as a reoffered lot providing 
the reoffered portion is separately identifiable. When making such 
inspections, the appropriate sampling plan for tightened inspection 
shall be used. Except in the case of an appeal inspection, it is not 
permissible to reinspect a previously rejected lot until it has been 
reconditioned or reworked.
    (d) Sample selection. Select samples from the lot presented in 
accordance with either of the following two procedures as may be 
applicable. (A lot offered for inspection will be accepted or rejected 
in its entirety with either sampling procedure used to select the 
sample.)
    (1) Proportional random sampling. When the number of codes or other 
identifying marks within the lot and the approximate number of cases or 
containers per code are known, select sample units at random within each 
mark and in a number proportionate to the number of containers 
represented by such mark.
    (2) Simple random sampling. When there are no code or other 
identifying marks, or when the number of codes or identifying marks 
within the lot and/or

[[Page 195]]

approximate number of cases or containers per mark are not known, select 
sample units at random from the entire lot.
    (e) Maximum sample units per case. If the lot is cased, predetermine 
the number of containers to draw from each sampled case as well as the 
position within the case. Do not restrict the sampling to the top or 
bottom layers or to the corners. The best sample is one selected from 
all the various positions in the shipping case. It is desirable but not 
mandatory to limit the number of sample units to a single container from 
any one case. Multiple sample units may be taken from a single case but 
not in excess of the following plan:
    (1) When containers are packed 12 or less to a case, draw a maximum 
of 6 sample units from any one case; and
    (2) When containers are packed more than 12 to a case but not more 
than 60, draw a maximum of 12 sample units from any one case; and
    (3) When containers are packed more than 60 to a case but not more 
than 250, draw a maximum of 16 sample units from any one case; and
    (4) When containers are packed more than 250 in a case, draw a 
maximum of 24 sample units from any one case.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec. 42.106  Classifying and recording defects.

    (a) Classifying defects. Examine each sample unit for the applicable 
type of defects listed in the table covering the container being 
inspected in Sec. Sec. 42.112 and 42.113. Other defects, not 
specifically listed, shall be classified according to their effect on 
the intended use of the container.
    (1) Related defects are defects on a single container that are 
related to a single cause. If the initial incident causing one of the 
defects had not occurred, none of the other related defects on the 
container would be present. As an example of related defects, a can may 
be a leaker and the exterior may also be seriously rusted due to the 
leakage of the contents. In this case, the container is scored only once 
for these two defects since the rust condition can be atributed to the 
leak. Score the container according to whichever condition is the most 
serious. In this example, score as a ``leaker'' (a critical defect) and 
not as ``pitted rust'' (a major defect).
    (2) Unrelated defects are defects on a single container that result 
from separate causes. If the incident that caused one of the defects had 
not occurred, the other unrelated defects on the container would still 
be present. As an example of unrelated defects, a can may be seriously 
rusted, may have a bad dent along the seam, and the label may also be 
detached from the can because of improper gluing. In this case it is 
unlikely that any of the three defects exist because of a common cause. 
Therefore, they are considered unrelated defects and should be scored as 
three defects.
    (3) The lot acceptance portion of this procedure is based on the 
number of defects per 100 containers. It is necessary to determine if 
the defects on any one container are ``related'' defects or 
``unrelated'' defects. A container is scored for the most serious of 
related defects, and is also scored for each unrelated defect.
    (b) Recording defects. Record on a worksheet the number, type, and 
class (critical, major, or minor) of defects on each sample unit.
    (c) Totaling defects. Add the number of defects in each class, then 
add the number of minor, major, and critical defects to obtain the total 
defects.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec. 42.107  Lot acceptance criteria.

    (a) The acceptability of the lot is determined by relating the 
number and class of defects enumerated on the worksheet to the 
acceptance and rejection numbers shown in Sec. Sec. 42.109 through 
42.111 for the respective sample size and Acceptable Quality Level 
(AQL).
    (b) Unless otherwise specified, use the following AQL's for the 
respective class of defects:

[[Page 196]]



------------------------------------------------------------------------
                                                                AQL at
                                                   AQL at     other than
                 Defect class                      origin       origin
                                                 inspection   inspection
------------------------------------------------------------------------
Critical......................................         0.25         0.25
Major.........................................          1.5          2.5
Total.........................................          6.5         10.0
------------------------------------------------------------------------

    (c) Refer to the appropriate sample size and AQL and compare the 
number of defects found in the sample with the acceptance (Ac) and 
rejection (Re) numbers in the sampling plan.
    (1) Accept the lot after examining the single sample or first sample 
of a double sampling plan when all of the following conditions are met:
    (i) The number of critical defects does not exceed the applicable 
acceptance number (Ac) for critical defects, and
    (ii) The number of major defects does not exceed the applicable 
acceptance number (Ac) for major defects, and
    (iii) The total number of critical, major, and minor defects does 
not exceed the applicable acceptance number (Ac) for total defects.
    (2) Reject the lot after examining the single sample or first sample 
of a double sampling plan when any one or more of the following 
conditions occur:
    (i) The number of critical defects equals or exceeds the applicable 
rejection number (Re) for critical defects, or
    (ii) The number of major defects equals or exceeds the applicable 
rejection number (Re) for major defects, or
    (iii) The total number of critical, major, and minor defects equals 
or exceeds the applicable rejection number (Re) for total defects.
    (3) If the lot can neither be accepted nor rejected on the first 
sample, when a double sampling plan is used, select and examine the 
prescribed second sample. Accept the lot if the accumulated defects of 
the first and second sample meet conditions of paragraph (c)(1) of this 
section, otherwise, reject the lot.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec. 42.108  Normal, tightened, or reduced inspection.

    (a) Normal inspection. Sampling plans for normal inspection are 
those in Tables I and I-A. These plans shall be used except when the 
history of inspection permits reduced inspection or requires tightened 
inspection.
    (b) Tightened inspection. Sampling plans for tightened inspection 
are those in Tables II and II-A.
    (c) Reduced inspection. Sampling plans for reduced inspection are 
those in Tables III and III-A.
    (d) Switching rules. The normal inspection procedure shall be 
followed except when conditions in paragraph (d) (1) or (3) of this 
section are applicable or unless otherwise specified. Application of the 
following switching rules will be restricted to the inspection of lots 
for one applicant at a single location (plant, warehouse, etc.), and 
will be based upon records of original inspections of lots (excluding 
resubmitted lots) at that same location.
    (1) Normal inspection to reduced inspection. When normal inspection 
is in effect, reduced inspection shall be instituted providing that 
reduced inspection is considered desirable by the Administrator and 
further provided that all of the following conditions are satisfied for 
each class of defect:
    (i) The preceding 10 inspection lots (or more, as indicated by the 
note to Table III-B) which have been inspected within the preceding 6 
months have been on normal inspection and none has been rejected on 
original inspection; and
    (ii) The total number of defects in the samples from the preceding 
10 inspection lots (or such other number of lots used for condition in 
paragraph (d)(1)(i) of this section) is equal to or less than the 
applicable number given in Table III-B. If a double sampling plan is 
used, all samples inspected should be included, not ``first'' samples 
only; and
    (2) Reduced inspection to normal inspection. When reduced inspection 
is in effect, normal inspection shall be reinstituted if any of the 
following occur:
    (i) An inspection lot is rejected on original inspection; or
    (ii) Production becomes irregular (delayed or accelerated); or
    (iii) Other valid conditions warrant that normal inspection shall be 
reinstituted.

[[Page 197]]

    (3) Normal inspection to tightened inspection. When normal 
inspection is in effect, tightened inspection shall be instituted when 2 
out of 5 consecutive inspection lots have been rejected on original 
inspection.
    (4) Tightened inspection to normal inspection. When tightened 
inspection is in effect, normal inspection shall be reinstituted when 
five consecutive inspection lots have been considered acceptable on 
original inspection.
    (e) When the rules require a switch in the inspection status because 
of one or more classes of defects, all classes of defects shall be 
inspected under the new inspection criteria. At the option of the user 
of the service and when approved by the Administrator, such user may 
elect to remain on normal inspection when qualified for reduced 
inspection, or on tightened inspection when qualified for normal 
inspection.
    (f) Appeal inspection--(1) Appeal request. Any interested party who 
is not satisfied with the results of a condition inspection on packaged 
food containers, as stated on an official certificate, may request an 
appeal inspection.
    (2) How to file an appeal. A request for an appeal inspection may be 
made orally or in writing. If made orally, written confirmation may be 
required. The applicant shall clearly state the reasons for requesting 
the appeal service and a description of the product to be appealed.
    (3) When an application for an appeal inspection may be refused. 
When it appears that: (i) The reasons given in the request are frivolous 
or not substantial; or (ii) the condition of the containers has 
undergone a material change since the original inspection; or (iii) the 
original lot is no longer intact, the applicant's request for the appeal 
inspection may be refused. In such case, the applicant shall be promptly 
notified of the reason(s) for such refusal.
    (4) Who shall perform the appeal. An appeal inspection shall be 
performed by a person(s) other than the person who made the inspection 
being appealed.
    (5) Sampling procedures. The sampling plan for an appeal inspection 
shall be the next larger sampling plan from the plan in the table used 
in the original inspection.
    (6) Appeal certificate. Immediately after an appeal inspection is 
completed, an appeal certificate shall be issued to show that the 
original inspection was sustained or was not sustained. Such certificate 
shall supersede any previously issued certificate for the inspection 
involved and shall clearly identify the number and date of the 
superseded certificate. The issuance of the appeal certificate may be 
withheld until the previously issued certificate and all copies have 
been returned when such action is deemed necessary to protect the 
interest of the Government.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]

[[Page 198]]



Sec. 42.109  Sampling plans for normal condition of container inspection, Tables I and I-A.

                                                              Table I--Sampling Plans for Normal Condition of Container Inspection
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               AQL 0.15                                           Other acceptable quality levels
                                Lot size ranges--                    ---------------------------------------------------------------------------------------------------------------------------
             Code                   Number of         Type of plan           Sample size                       Sample size         0.25    0.50     1.0     1.5     2.5     4.0     6.5    10.0
                                containers in lot                    -------------------------- Ac  Re -----------------------------------------------------------------------------------------
                                                                                                                                  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CA............................  6,000 or less....  Single...........  ................     126   0   1  ................      84   0   1   1   2   2   3   3   4   4   5   6   7   9  10  13  14
                                                  --------------------
                                                   Double...........  ................  ......  ..  ..  1st.............      36  (*  (*   0   2   0   3   0   4   0   4   0   5   2   7   3   9
                                                                                                                                   )   )
                                                                                                        2d..............      60  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                                                         Total..........      96  (*  (*   1   2   2   3   3   4   4   5   7   8  10  11  15  16
                                                                                                                                   )   )
-------------------------------
CB............................  6,001-12,000.....  Single...........  ................     264   1   2  ................     168   1   2   2   3   4   5   5   6   7   8  11  12  16  17  23  24
                                                  --------------------
                                                   Double...........  1st.............     174   0   3  1st.............     120   0   2   0   3   2   5   2   6   3   7   6  10  10  14  14  19
                                                                      2d..............     162  ..  ..  2d..............      60  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                       Total..........     336   1   2   Total..........     180   1   2   2   3   4   5   5   6   8   9  12  13  17  18  25  26
-------------------------------
CC............................  12,001-36,000....  Single...........  ................     500   2   3  ................     315   2   3   3   4   6   7   8   9  13  14  19  20  28  29  41  42
                                                  --------------------
                                                   Double...........  1st.............     252   0   3  1st.............     168   0   3   0   4   1   5   2   7   5  10   7  13  12  18  19  26
                                                                      2d..............     288  ..  ..  2d..............     180  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                       Total..........     540   2   3   Total..........     348   2   3   3   4   7   8   9  10  14  15  21  22  31  32  45  46
-------------------------------
CD............................  Over 36,000......  Single...........  ................     800   3   4  ................     500   3   4   5   6   9  10  12  13  18  19  28  29  42  43  62  63
                                                  --------------------
                                                   Double...........  1st.............     456   0   4  1st.............     228   0   3   0   5   2   7   3   9   5  11   8  17  15  24  23  34
                                                                      2d..............     408  ..  ..  2d..............     288  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                       Total..........     864   3   4   Total..........     516   3   4   5   6   9  10  12  13  19  20  29  30  43  44  64  65
-------------------------------
CE............................  .................  Single...........  ................   1,250   4   5  ................     800   4   5   7   8  13  14  18  19  27  28  42  43  64  65  95  96
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ac=Acceptance number.
Re=Rejection number.
(*)=Reject on one or more defects. These plans are less preferable than those with numbers listed under Ac and Re.


[[Page 199]]


                                Table I-A--Sampling Plans of Selected AQL's for Normal Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Sample size                  Acceptable quality levels
                                                                                 -----------------------------------------------------------------------
               Code                  Lot size ranges--No.       Type of plan                                        0.25           1.5           6.5
                                     of containers in lot                                                      -----------------------------------------
                                                                                                                  Ac     Re     Ac     Re     Ac     Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA................................  6,000 or less........  Double...............  1st.................      36    (*)    (*)      0      4      2      7
                                                                                  2d..................      60  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............      96    (*)    (*)      3      4     10     11
-----------------------------------
CB................................  6,001-12,000.........  Double...............  1st.................     120      0      2      2      6     10     14
                                                                                  2d..................      60  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     180      1      2      5      6     17     18
-----------------------------------
CC................................  12,001-36,000........  Double...............  1st.................     168      0      3      2      7     12     18
                                                                                  2d..................     180  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     348      2      3      9     10     31     32
-----------------------------------
CD................................  Over 36,000..........  Double...............  1st.................     228      0      3      3      9     15     24
                                                                                  2d..................     288  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     516      3      4     12     13     43     44
--------------------------------------------------------------------------------------------------------------------------------------------------------
(*)=Reject on one or more defects.


[31 FR 4637, Mar. 19, 1966, as amended at 36 FR 18457, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]

[[Page 200]]



Sec. 42.110  Sampling plans for tightened condition of container inspection; Tables II and II-A.

                                                            Table II--Sampling Plans for Tightened Condition of Container Inspection
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               AQL 0.15                                           Other acceptable quality levels
                                Lot size ranges--                    ---------------------------------------------------------------------------------------------------------------------------
             Code                   Number of         Type of plan           Sample size                       Sample size         0.25    0.50     1.0     1.5     2.5     4.0     6.5    10.0
                                containers in lot                    -------------------------- Ac  Re -----------------------------------------------------------------------------------------
                                                                                                                                  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CB............................  6,000 or less....  Single...........  ................     264   0   1  ................     168   0   1   1   2   2   3   4   5   5   6   7   8  11  12  16  17
                                                  --------------------
                                                   Double...........  1st.............     1st  ..  ..  ................     120  (*  (*   0   2   0   3   2   5   2   6   3   7   6  10  10  14
                                                                                                                                   )   )
                                                                      2d..............  ......  ..  ..  2d..............      60  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                                                         --------
                                                                       Total..........  ......  ..  ..   Total..........     180  (*  (*   1   2   2   3   4   5   5   6   8   9  12  13  17  18
                                                                                                                                   )   )
-------------------------------
CC............................  6,001-12,000.....  Single...........  ................     500   1   2  ................     315   1   2   2   3   3   4   6   7   8   9  13  14  19  20  28  29
                                                  --------------------
                                                   Double...........  1st.............     360   0   2  1st.............     168   0   2   0   3   0   4   1   5   2   7   5  10   7  13  12  18
                                                                      2d..............     156  ..  ..  2d..............     180  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                       Total..........     516   1   2   Total..........     348   1   2   2   3   3   4   7   8   9  10  14  15  21  22  31  32
-------------------------------
CD............................  12,001-36,000....  Single...........  ................     800   2   3  ................     500   2   3   3   4   5   6   9  10  12  13  18  19  28  29  42  43
                                                  --------------------
                                                   Double...........  1st.............     456   0   3  1st.............     228   0   3   0   3   0   5   2   7   3   9   5  11   8  17  15  24
                                                                      2d..............     408  ..  ..  2d..............     288  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                       --------                          --------
                                                                       Total..........     864   2   3   Total..........     516   2   3   3   4   5   6   9  10  12  13  19  20  29  30  43  44
-------------------------------
CE............................  Over 36,000......  Single...........  ................   1,250   3   4  ................     800   3   4   4   5   7   8  13  14  18  19  27  28  42  43  64  65
                                                  --------------------
                                                   Double...........  1st.............  ......  ..  ..  1st.............     456   0   4   1   5   2   6   5  10   8  13  12  19  21  28  32  41
                                                   2d...............  ................  ......  ..  2d  408.............  ......  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                                                         --------
                                                                       Total..........  ......  ..  ..   Total..........     864   3   4   4   5   8   9  14  15  19  20  29  30  44  45  69  70
-------------------------------
CF............................  .................  Single...........  ................   1,250   3   4  ................   1,250   4   5   7   6  10  11  19  20  26  27  41  42  63  64  96  97
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(*) Reject on one or more defects.


[[Page 201]]


                              Table II-A--Sampling Plans of Selected AQL's for Tightened Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Sample size                  Acceptable quality levels
                                                                                 -----------------------------------------------------------------------
               Code                  Lot size ranges--No.       Type of plan                                        0.25           1.5           6.5
                                     of containers in lot                                                      -----------------------------------------
                                                                                                                  Ac     Re     Ac     Re     Ac     Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CB................................  6,000 or less........  Double...............  1st.................     120    (*)    (*)      2      5      6     10
                                                                                  2d..................      60  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     180    (*)    (*)      4      5     12     13
-----------------------------------
CC................................  6,001-12,000.........  Double...............  1st.................     168      0      2      1      5      7     13
                                                                                  2d..................     180  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     348      1      2      7      8     21     22
-----------------------------------
CD................................  12,001-36,000........  Double...............  1st.................     228      0      3      2      7      8     17
                                                                                  2d..................     288  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     516      2      3      9     10     29     30
-----------------------------------
CE................................  Over 36,000..........  Double...............  1st.................     456      0      4      5     10     21     28
                                                                                  2d..................     408  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                   Total..............     864      3      4     14     15     44     45
--------------------------------------------------------------------------------------------------------------------------------------------------------
(*) Reject on one or more defects.


[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18457, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]

[[Page 202]]



Sec. 42.111  Sampling plans for reduced condition of container inspection, Tables III and III-A; and limit number for reduced inspection, Table III-B.

                                                             Table III--Sampling Plans for Reduced Condition of Container Inspection
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Sample size                                   Acceptable quality levels
                                                                                        --------------------------------------------------------------------------------------------------------
                 Code                  Lot size ranges--Number        Type of plan                                         0.15    0.25    0.50     1.0     1.5     2.5     4.0     6.5    10.0
                                         of containers in lot                                                            -----------------------------------------------------------------------
                                                                                                                          Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re  Ac  Re
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CAA..................................  6,000 or less..........  Single.................  .......................      29   1   2   1   2   1   2   1   2   1   2   2   3   3   4   4   5   5   6
                                                               --------------------------
                                                                Double.................  1st....................      18   0   2   0   2   0   2   0   2   0   2   0   3   1   3   1   4   2   5
                                                                                         2d.....................      18  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                                                 --------
                                                                                          Total.................      36   1   2   1   2   1   2   1   2   1   2   2   3   4   5   5   6   6   7
--------------------------------------
CA...................................  6,001-36,000...........  Single.................  .......................      84   1   2   1   2   1   2   2   3   3   4   4   5   6   7   9  10  13  14
                                                               --------------------------
 
                                       Double.................  1st....................  36.....................       0   2   0   2   0   2   0   3   0   4   0   4   0   5   2   7   3   9
                                                                                         2d.....................      60  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                                                 --------
                                                                                          Total.................      96   1   2   1   2   1   2   2   3   3   4   4   5   7   8  10  11  15  16
--------------------------------------
CB...................................  Over 36,000............  Single.................  .......................     168   1   2   1   2   2   3   4   5   5   6   7   8  11  12  16  17  23  24
                                                               --------------------------
                                                                Double.................  1st....................     120   0   2   0   2   0   3   2   5   2   6   3   7   6  10  10  14  14  19
                                                                                         2d.....................      60  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
                                                                                                                 --------
                                                                                          Total.................     180   1   2   1   2   2   3   4   5   5   6   8   9  12  13  17  18  25  26
--------------------------------------
CC...................................  .......................  Single.................  .......................     315   1   2   2   3   3   4   6   7   8   9  13  14  19  20  28  29  41  42
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 203]]


                                        Table III-A--Sampling Plans for Reduced Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Sample size                  Acceptable quality levels
                                                                                 -----------------------------------------------------------------------
               Code                  Lot size ranges--No.       Type of plan                                        0.25           1.5           6.5
                                     of containers in lot                                                      -----------------------------------------
                                                                                                                  Ac     Re     Ac     Re     Ac     Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAA...............................  6,000 or less........  Double...............  1st.................      18      0      2      0      2      1      4
                                                           2d...................  18..................  ......  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                  Total...............      36      1      2      1      2      5      6
-----------------------------------
CA................................  6,001-36,000.........  Double...............  1st.................      36      0      2      0      4      2      7
                                                                                  2d..................      60  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                  Total...............      96      1      2      3      4     10     11
-----------------------------------
CB................................  Over 36,000..........  Double...............  1st.................     120      0      2      2      6     10     14
                                                                                  2d..................      60  .....  .....  .....  .....  .....  .....
                                                                                                       --------
                                                                                  Total...............     180      1      2      5      6     17     18
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                Table III-B--Limit Numbers for Reduced Inspection
----------------------------------------------------------------------------------------------------------------
                                                                     Acceptable quality level
    Number of sample units from last 10 lots    ----------------------------------------------------------------
           inspected within 6 months              0.15   0.25   0.5    1.0    1.5    2.5    4.0    6.5     10.0
----------------------------------------------------------------------------------------------------------------
320-499........................................    (*)    (*)    (*)      0      1      4      8     14       24
500-799........................................    (*)    (*)      0      2      3      7     14     25       40
800-1,249......................................    (*)      0      1      4      7     14     24     42       68
1,250-1,999....................................      0      0      3      7     13     24     40     69      110
2,000-3,149....................................      0      2      6     14     22     40     68    115      181
3,150-4,999....................................      1      4     10     24     38     67    111    186      293
5,000-7,999....................................      3      7     18     40     63    110    181    302      472
8,000-12,499...................................      7     14     31     68    105    181    297    491      765
12,500-19,999..................................     13     24     52    110    169    290    471    777    1,207
----------------------------------------------------------------------------------------------------------------
*Denotes that the number of sample units from the last 10 inspection lots is not sufficient for reduced
  inspection for this AQL. In this instance more than 10 inspection lots may be used for the calculations if the
  inspection lots used are the most recent ones in sequence within the last 6 months, they have all been on
  normal inspection, and none has been rejected on original inspection.


[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18457, Sept. 15, 1971; 
41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 
and 46 FR 63203, Dec. 31, 1981]



Sec. 42.112  Defects of containers: Tables IV, V, VI, and VII.

                       Table IV--Metal Containers
------------------------------------------------------------------------
                                                  Categories
               Defects               -----------------------------------
                                       Critical      Major       Minor
------------------------------------------------------------------------
Type or size of container or               (\1\)       (\1\)       (\1\)
 component parts not as specified...
Closure incomplete, not located       ..........         101  ..........
 correctly or not sealed, crimped,
 or fitted properly.................
Dirty, stained or smeared container.  ..........  ..........         201
Key opening metal containers (when
 required):
   (a) Key missing..................  ..........         102  ..........
   (b) Key does not fit tab.........  ..........         103  ..........
   (c) Tab of opening band            ..........         104  ..........
   insufficient to provide
   accessibility to key.............
   (d) Improper scoring (band would   ..........         105  ..........
   not be removed in one continuous
   strip)...........................
Open top with plastic overcap (when
 required):
   (a) Plastic overcap missing......  ..........         106  ..........
   (b) Plastic overcap warped         ..........         107  ..........
   (making opening or reapplication
   difficult).......................
Outside tinplate or coating (when
 required):
   (a) Missing or incomplete........  ..........  ..........         202
   (b) Blistered, flaked, sagged, or  ..........  ..........         203
   wrinkled.........................
   (c) Scratched or scored..........  ..........  ..........         204
   (d) Fine cracks..................  ..........  ..........         205
Rust (rust stain confined to the top
 or bottom double seam or rust that
 can be removed with a soft cloth is
 not scored a defect):
   (a) Rust stain (nonmilitary        ..........  ..........         206
   purchases).......................

[[Page 204]]

 
   (b) Rust stain (military           ..........         108  ..........
   purchases).......................
   (c) Pitted rust..................  ..........         109  ..........
  Wet cans (excluding refrigerated    ..........  ..........         207
   containers)......................
Dent:
   (a) Materially affecting           ..........  ..........         208
   appearance but not usability.....
   (b) Materially affecting           ..........         110  ..........
   usability........................
Buckle:
   (a) Not involving end seam.......  ..........  ..........         209
   (b) Extending into the end seam..  ..........         111  ..........
Collapsed container.................  ..........         112  ..........
Paneled side materially affecting     ..........  ..........         210
 appearance but not usability.......
Solder missing when required........  ..........         113  ..........
Cable cut exposing seam.............  ..........         114  ..........
Improper side seam..................  ..........         115  ..........
Swell, springer, or flipper (not               1  ..........  ..........
 applicable to gas or pressure
 packed product nor frozen products)
Leaker or blown container...........           2  ..........  ..........
Frozen products only:
   (a) Bulging ends \3/16\ to \1/4\ beyond
   lip..............................
   (b) Bulging ends more than \1/     ..........         116  ..........
   4\ beyond lip.........
------------------------------------------------------------------------
\1\ None permitted.


                        Table V--Glass Containers
------------------------------------------------------------------------
                                                  Categories
               Defects               -----------------------------------
                                       Critical      Major       Minor
------------------------------------------------------------------------
Type or size of container or               (\1\)       (\1\)       (\1\)
 component parts not as specified...
Closure not sealed, crimped, or       ..........         101  ..........
 fitted properly....................
Dirty, stained, or smeared container  ..........  ..........         201
Chip in glass.......................  ..........  ..........         202
Stone (unmelted material) in glass..  ..........  ..........         203
Pits in surface of glass............  ..........  ..........         204
Sagging surface.....................  ..........  ..........         205
Bead (bubble within glass):
  (a) \1/8\ to \1/16\ in diameter..............
  (b) Exceeding \1/8\ in   ..........         102  ..........
   diameter.........................
Checked.............................  ..........         103  ..........
Thin spot in glass..................  ..........         104  ..........
Blister (structural defect).........  ..........         105  ..........
Bird swing (glass appendage inside             1  ..........  ..........
 container).........................
Broken or leaking container.........           2  ..........  ..........
Cap (nonheat processed):
  (a) Cross-threaded................  ..........  ..........         207
  (b) Loose but not leaking.........  ..........  ..........         208
  (c) Pitted rust...................  ..........         106  ..........
Cap (heat processed):
  (a) Cross-threaded or loose.......           3  ..........  ..........
  (b) Pitted rust...................  ..........         107  ..........
Sealing tape or cello band (when
 required):
  (a) Improperly placed.............  ..........  ..........         209
  (b) Not covering juncture of cap    ..........         108  ..........
   and glass........................
  (c) Ends overlap by less than \1/   ..........         109  ..........
   2\....................
  (d) Loose or deteriorating........  ..........         110  ..........
------------------------------------------------------------------------
\1\ None permitted.


      Table VI--Rigid and Semirigid Containers--Corrugated or Solid
      Fiberboard, Chipboard, Wood, etc. (Excluding Glass and Metal)
------------------------------------------------------------------------
                                                  Categories
               Defects               -----------------------------------
                                       Critical      Major       Minor
------------------------------------------------------------------------
Type or size of container or               (\1\)       (\1\)       (\1\)
 component parts not as specified...
Component part missing..............  ..........         101  ..........
Closure not sealed, crimped, or
 fitted properly:
  (a) Primary container.............  ..........         102  ..........
  (b) Other than primary container..  ..........  ..........         201

[[Page 205]]

 
Dirty, stained, or smeared container  ..........  ..........         202
Wet or damp (excluding ice packs):
  (a) Materially affecting            ..........  ..........         203
   appearance but not usability.....
  (b) Materially affecting usability  ..........         103  ..........
Moldy area..........................           1  ..........  ..........
Crushed or torn area:
  (a) Materially affecting            ..........  ..........         204
   appearance but not usability.....
  (b) Materially affecting usability  ..........         104  ..........
Separation of lamination (corrugated
 fiberboard):
  (a) Materially affecting            ..........  ..........         205
   appearance but not usability.....
  (b) Materially affecting usability  ..........         105  ..........
Product sifting or leaking..........  ..........         106  ..........
Nails or staples (when required):
  (a) Not as required, insufficient   ..........  ..........         206
   number or improperly positioned..
  (b) Nails or staples protruding...  ..........         107  ..........
Glue or adhesive (when required);
 not holding properly not covering
 area specified, or not covering
 sufficient area to hold properly:
  (a) Primary container.............  ..........         108  ..........
  (b) Other than primary container..  ..........  ..........         207
Flap:
  (a) Projects beyond edge of         ..........  ..........         208
   container more than \1/4\ inch...
  (b) Does not meet properly,         ..........  ..........         209
   allowing space of more than \1/4\
   inch.............................
Sealing tape or strapping (when
 required):
  (a) Missing.......................  ..........         109  ..........
  (b) Improperly placed or applied..  ..........  ..........         210
------------------------------------------------------------------------
\1\ None permitted.


  Table VII--Flexible Containers (Plastic, Cello, Paper, Textile, etc.)
------------------------------------------------------------------------
                                                  Categories
               Defects               -----------------------------------
                                       Critical      Major       Minor
------------------------------------------------------------------------
Type or size of container or               (\1\)       (\1\)       (\1\)
 component parts not as specified...
Closure not sealed, crimped,
 stitched, or fitted properly:
  (a) Primary container.............  ..........         101  ..........
  (b) Other than primary container..  ..........  ..........         201
Dirty, stained, or smeared container  ..........  ..........         202
Unmelted gels in plastic............  ..........  ..........         203
Torn container:
  (a) Materially affecting            ..........  ..........         204
   appearance but not usability.....
  (b) Materially affecting usability  ..........         102  ..........
Product sifting or leaking..........  ..........         103  ..........
Moldy area..........................           1  ..........  ..........
Individual packages sticking          ..........         104  ..........
 together or to shipping case (tear
 when separated)....................
Not fully covering product..........  ..........         105  ..........
Wet or damp (excluding ice packs):
  (a) Materially affecting            ..........  ..........         205
   appearance but not usability.....
  (b) Materially affecting usability  ..........         106  ..........
Overwrap (when required):
  (a) Missing.......................  ..........         107  ..........
  (b) Loose, not sealed or closed...  ..........  ..........         206
  (c) Improperly applied............  ..........  ..........         207
Sealing tape, strapping or adhesives
 (when required):
  (a) Missing.......................  ..........         108  ..........
  (b) Improperly placed, applied,     ..........  ..........         208
   torn, or wrinkled................
Tape over bottom and top closures
 (when required):
  (a) Not covering stitching........  ..........         109  ..........
  (b) Torn (exposing stitching).....  ..........         110  ..........
  (c) Wrinkled (exposing stitching).  ..........         111  ..........
  (d) Not adhering to bag:
    1. Exposing stitching...........  ..........         112  ..........
    2. Not exposing stitching.......  ..........  ..........         209
  (e) Improper placement............  ..........  ..........         210
------------------------------------------------------------------------
\1\ None permitted.


[31 FR 4687 Mar. 19, 1966, as amended at 36 FR 18457, Sept. 15, 1971; 41 
FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 and 
46 FR 63203, Dec. 31, 1981]

[[Page 206]]



Sec. 42.113  Defects of label, marking, or code; Table VIII.

                   Table VIII--Label, Marking, or Code
------------------------------------------------------------------------
                                                Categories
             Defects             ---------------------------------------
                                         Major               Minor
------------------------------------------------------------------------
Not specified method............  101...............  ..................
Missing (when required).........  102...............  ..................
Loose or improperly applied.....  ..................  201
Torn or mutilated...............  ..................  202
Text illegible or incomplete      103...............  ..................
 (military purchases).
Text illegible or incomplete....  ..................  203
Incorrect.......................  104...............  ..................
In wrong location...............  ..................  204
------------------------------------------------------------------------


[49 FR 5602, Feb. 14, 1984]



Subpart C_Skip Lot Sampling and Inspection Procedures--Table of Contents




    Source: 41 FR 42639, Sept. 28, 1976, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and at 46 FR 63203, Dec. 31, 
1981.



Sec. 42.120  Description and qualification.

    Skip lot sampling and inspection are special procedures for 
inspecting stationary lots in which only one-half or one-fourth of the 
lots offered for inspection are formally inspected. Skip lot sampling 
and inspection procedures may be instituted only when all of the 
following conditions are met:
    (a) When authorized by the Administrator and acceptable to the user 
and producer, if different from the user.
    (b) When inspection is origin inspection (see Sec. 42.102).
    (c) When all lots can be expected to be of essentially the same 
quality.
    (d) When lots from the producer are currently on, or eligible to be 
on, either normal or reduced inspection.



Sec. 42.121  Sampling and inspection procedures.

    (a) Following skip lot procedure authorization, inspect every lot 
consecutively offered for inspection using normal inspection procedures 
as set forth in Subpart B of this part. When 10 consecutive lots are 
acceptable, inspect only one-half of the lots offered for inspection 
using normal inspection procedures. While on the one-half inspection 
rate, when 10 consecutively inspected lots are acceptable, inspect only 
one-fourth of the lots offered for inspection using normal inspection 
procedures. While on the one-half or one-fourth inspection rate, if any 
formally inspected lot is unacceptable, revert immediately to the 
inspection of every lot using normal inspection procedures and 
recommence the above procedure. See Sec. 42.123 for a flow diagram of 
the skip lot sampling plan.
    (b) Two exceptions to the procedures in paragraph (a) of this 
section are as follows:
    (1) The skip lot sampling and inspection rate of one-half can be 
instituted immediately if the lots from the producer are currently on, 
or eligible to be on, reduced inspection and all other conditions in 
Sec. 42.120 are met. After skip lot sampling and inspection begins, 
however, only normal inspection is permitted.
    (2) While inspecting every lot consecutively as offered for 
inspection, i.e., while not on the one-half or one-fourth sampling and 
inspection rate, if requirements for switching from normal to tightened 
inspection are met as specified in Sec. 42.108 then skip lot procedures 
terminate, tightened inspection is initiated, and stationary lot 
sampling and inspection procedures in Subpart B are instituted. Skip lot 
procedures may be instituted again only when all conditions of Sec. 
42.120 are met.
    (c) All lot selections for the one-half and one-fourth inspection 
rates must be strictly random (for example, not every other lot or every 
fourth lot). Use of random number tables, coin flipping, or numbered 
cards is encouraged.
    (d) Preliminary scanning procedures (see Sec. 42.105) shall be used 
on all lots scheduled for formal inspection and also shall be used on 
lots not scheduled for inspection (``skipped'' lots) whenever the 
inspector feels such action is prudent to further insure the 
acceptability of such lots.



Sec. 42.122  Applicability of other procedures.

    Whenever appropriate, the procedures for classifying and recording 
defects in Sec. 42.106 and for appeal inspections in Sec. 42.108 also 
apply to skip lot sampling and inspection.

[[Page 207]]



Sec. 42.123  Flow diagram for skip lot sampling and inspection.
[GRAPHIC] [TIFF OMITTED] TC02SE91.000

    Notes: 1. Only normal inspection is permitted.
    2. All lot selections for the one-half and one-fourth sampling rates 
must be strictly random (for example, not every other lot or every 
fourth lot).
    3. Two exceptions to the procedures shown above are as follows:
    (a) The skip lot sampling and inspection rate of one-half can be 
instituted immediately if the lots from the producer are currently on, 
or eligible to be on, reduced inspection and all other conditions in 
Sec. 42.120 are met. When skip lot inspection begins, however, only 
normal inspection is permitted.
    (b) While inspecting every lot consecutively as offered for 
inspection, i.e., while not on the one-half or one-fourth rate, if 
requirements for switching from normal to tightened inspection are met 
as specified in Sec. 42.108 then skip lot procedures terminate, 
tightened inspection is initiated, and stationary lot sampling and 
inspection procedures in Subpart B are instituted. Skip lot procedures 
may be instituted again only when all conditions of Sec. 42.120 are 
met.



          Subpart D_On-Line Sampling and Inspection Procedures

    Authority: Sec. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended (7 U.S.C. 1622, 1624).

    Source: 45 FR 69428, Oct. 21, 1980. Redesignated at 46 FR 63203, 
Dec. 31, 1981, unless otherwise noted.

[[Page 208]]



Sec. 42.130  Description and qualifications.

    (a) In many instances, food containers are loaded directly into 
carriers immediately after final packaging. This situation makes 
stationary lot sampling and inspection impractical. For such 
circumstances, the optional procedure for on-line sampling and 
inspection using cumulative sum sampling plans is provided. On-line 
sampling and inspection is a procedure in which subgroups of sampling 
units are selected randomly from predesignated portions of production. 
The acceptability of the portions of production is determined by 
inspecting, at the time of the sampling, the subgroups which represent 
these portions. On-line sampling and inspection contrasts with 
stationary lot procedures in which sample units are selected randomly 
and inspected and lot acceptability determinations are made only after 
lot production is completed.
    (b) On-line sampling and inspection procedures may be instituted 
only when all of the following conditions are met:
    (1) When authorized by the Administrator and acceptable to the user 
and producer, if different from the user.
    (2) When inspection is origin inspection (see Sec. 42.102).
    (3) When previous production lots from the producer are currently 
on, or eligible to be on, either normal or reduced inspection. (When 
shifting from stationary lot sampling and inspection to on-line sampling 
and inspection, normal on-line inspection shall be initially used.)
    (4) When inspection of the containers is performed at a point after 
which all condition of container related characteristics are fixed and 
will not be subject to change during final handling.



Sec. 42.131  Selection of samples.

    (a) Prior to commencement of on-line sampling and inspection, the 
total amount of production for a given day or shift is predicted and is 
then subdivided into conveniently designated portions of production 
approximately equal in size. Portions may be designated by sequential 
numbers (e.g., containers 1 through 500 are portion 1, containers 501 
through 1000 are portion 2, etc.) or by time intervals (e.g., the first 
half hour of production is portion 1, the second half hour of production 
is portion 2, etc.) during which the containers are identified by 
individual production codes for each time interval.
    (b) Determine the number of sample units in a subgroup as follows:

              Type of Inspection and Number of Sample Units

Normal--25
Tightened--50
Reduced--13
    (c) Subgroups are drawn randomly from portions of production 
throughout the production process and are inspected for defects. The 
drawing of sampling units may be done in either of two ways: (1) The 
number of sample units (13, 25 or 50) comprising a subgroup may be drawn 
at the same time from a randomly chosen point in the production of each 
portion, or (2) sample units may be drawn individually, but in a random 
manner, throughout the production of each portion. At least 6 subgroups 
must be obtained during each basic inspection period regardless of the 
system used to designate portions of production.
    (d) A shift to on-line sampling plans from stationary lot sampling 
plans (or vice versa) during a basic inspection period is not permitted.



Sec. 42.132  Determining cumulative sum values.

    (a) The parameters for the on-line cumulative sum sampling plans for 
AQL's applicable to origin inspection are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Type of inspection
                                                                ----------------------------------------------------------------------------------------
                   Acceptable quality levels                                Normal                       Tightened                     Reduced
                                                                ----------------------------------------------------------------------------------------
                                                                     T         L         S         T         L         S         T         L        S
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.25...........................................................      0.05      0.95      0.35       0.1       0.9       0.3       0         0          0
1.5............................................................      0.5       2         1          0.8       1.6       0.4       0.5       0.5        0
6.5............................................................      2         3         1          2.5       3         1    ........       2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 209]]

    (b) At the beginning of the basic inspection period, the CuSum value 
is set equal to the starting value (``S'') for the specified CuSum plan. 
The CuSum value is then determined for each consecutive subgroup as 
follows:
    (1) Add the number of defects for the present subgroup to the CuSum 
value of the previous subgroup.
    (2) Subtract the subgroup tolerance (``T'').
    (3) The CuSum value is reset in the following situations; however, 
determine portion of production acceptability (see Sec. 42.133) prior 
to resetting the CuSum value:
    (i) Reset the CuSum value to zero (0) if the CuSum value is less 
than zero (0).
    (ii) Reset the CuSum value to the acceptance limit (``L'') if the 
CuSum value exceeds the acceptance limit (``L'').



Sec. 42.133  Portion of production acceptance criteria.

    (a) The acceptability of a portion of production is determined by 
comparing the calculated CuSum value with the acceptance limit (``L'') 
for the specified AQL.
    (b) A portion of production is acceptable if the CuSum value, 
calculated from the subgroup representing that portion, is equal to or 
less than the acceptance limit (``L'') for all classes of defects.
    (c) A portion of production is rejected if the CuSum value, 
calculated from the subgroup representing that portion, exceeds the 
acceptance limit (``L'') for one or more classes of defects.



Sec. 42.134  Disposition of rejected portions of production.

    Rejected portions of production from the same basic inspection 
period may be reworked, combined together to form a lot, and resubmitted 
for inspection under the criteria for tightened inspection using 
stationary lot sampling procedures described in subpart B of this part.



Sec. 42.135  Normal, tightened or reduced on-line inspection.

    (a) Normal, tightened and reduced on-line sampling plans are 
specified in Sec. 42.132 (Determining cumulative sum values). Normal 
plans shall be used except when the history of inspection permits 
reduced inspection or requires tightened inspection.
    (b) Switching rules: Normal on-line inspection procedures shall be 
followed except when conditions in paragraph (b) (1) or (3) of this 
section are applicable or unless otherwise specified. Application of the 
following switching rules will be restricted to the inspection of 
production for one applicant at a single production location and will be 
based upon records of original inspections of production (excluding 
resubmitted portions previously rejected and reworked) at that same 
location.
    (1) Normal inspection to reduced inspection. When normal inspection 
is in effect, reduced inspection shall be instituted provided that 
reduced inspection is considered desirable by the Administrator and 
further provided that all of the following conditions are satisfied for 
each class of defect:
    (i) The preceding 40 consecutive portions of production have been on 
normal inspection and no more than one of these portions has been 
rejected on original inspection; and
    (ii) The total number of defects in the subgroups (1000 sample 
units) from these preceding 40 consecutive portions of production is 
less than or equal to the following limit numbers for the specified 
AQL's:

------------------------------------------------------------------------
                  Acceptable quality levels                    Limit No.
------------------------------------------------------------------------
0.25........................................................           0
1.5.........................................................           9
6.5.........................................................          54
------------------------------------------------------------------------

    (2) Reduced inspection to normal inspection. When reduced inspection 
is in effect, normal inspection shall be reinstituted if any of the 
following occurs:
    (i) More than one portion of production in any 40 consecutive 
portions of production is rejected on original inspection; or
    (ii) Production becomes irregular (delayed or accelerated); or
    (iii) Other valid conditions warrant that normal inspection shall be 
reinstituted.
    (3) Normal inspection to tightened inspection. When normal 
inspection is in effect, tightened inspection shall be instituted when 
two out of five consecutive portions of production have been rejected.

[[Page 210]]

    (4) Tightened inspection to normal inspection. When tightened 
inspection is in effect, normal inspection shall be reinstituted when 
five consecutive portions of production have been considered acceptable.
    (c) When the rules require a switch in the inspection status because 
of one or more classes of defects, all classes of defects shall be 
inspected under the new inspection criteria. At the option of the user 
of the service, and when approved by the Administrator, such user may 
elect to remain on normal inspection when qualified for reduced 
inspection, or on tightened inspection when qualified for normal 
inspection.



Sec. 42.136  Applicability of other procedures.

    When appropriate, the procedures for classifying and recording 
defects in Sec. 42.106 and for appeal inspections in Sec. 42.108 also 
apply to on-line sampling and inspection.



                         Subpart E_Miscellaneous

    Authority: Agricultural Marketing Act of 1946, as amended (7 U.S.C. 
1621 et seq.).



Sec. 42.140  Operating Characteristic (OC) curves for on-line sampling 
and inspection.

    (a) This section contains the Operating Characteristic (OC) curve 
for each of the sampling plans given in Tables I, I-A, II, II-A, III, 
and III-A. The OC curve and the corresponding sampling plans are listed 
by AQL.
    (b) Different acceptance and rejection criteria are provided for 
each AQL. The criteria for each AQL must be obtained from the applicable 
sampling plan tables.
    (c) The curves show the ability of the various sampling plans to 
distinguish between good and bad lots. This can be illustrated by 
examining OC curve 6 for an AQL of 0.25 defects per hundred units in the 
Reduced and Normal Inspection Plans. If the quality of the lots 
submitted for inspection is poorer than the AQL of 0.25 defects per 
hundred units, fewer lots will be accepted. For example, OC curve 6 
shows that when the quality of lots submitted for inspection is 1.0 
defects per hundred units, only 26 percent of the lots are expected to 
be accepted. Conversely when the quality of the lots submitted for 
inspection is better than the AQL of 0.25 defects per hundred units, 
most lots are expected to be accepted. For example, the same OC curve 6 
shows that when the quality of lots submitted for inspection is 0.10 
defects per hundred units, about 99 percent of the lots are expected to 
be accepted.
    (d) The table of sampling plans that correspond to OC curve 6 can be 
found over the curves for an AQL of 0.25 defects per hundred units in 
the Reduced and Normal Inspection Plan. An examination of this table 
reveals that there is one single and one double sampling plan that have 
OC curves comparable to OC curve 6. The first plan listed is a single 
plan requiring the inspection of 500 individual containers. Under this 
plan the lot is accepted as meeting the requirements for an AQL of 0.25 
if there are 3 or less defects in the sample or rejected if there are 4 
or more defects in the sample.
    (e) The next plan that is listed in the column headed 6 for an AQL 
of 0.25 is a double sampling plan that requires the initial inspection 
of 228 individual containers. The lot will be accepted as meeting the 
requirements of an AQL of 0.25 if there are no defects in the sample, 
and rejected if there are 3 or more defects in the sample. In the event 
that the number of defects is between the acceptance (0) and rejection 
(3) numbers, additional containers must be inspected. In this case, the 
table indicates that a total of 516 containers must be inspected before 
a decision can be made to either accept or reject the lot. This will 
require the inspection of 288 more containers (516--228=288).

If there are 3 or less defects in the total sample, the lot will be 
accepted. If there are 4 or more defects in the total sample, the lot 
will be rejected. The other double sampling plans operate in a similar 
manner with the only differences being the sample sizes and acceptance 
and rejection numbers.

[[Page 211]]



           Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.15 Defects per Hundred Units
                                                               [Sampling plans--AQL=0.15]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Identification number of OC curve
                                   ---------------------------------------------------------------------------------------------------------------------
     Comparable sampling plans          R1          R2           R3           R4           N4           N5           N6           N7            N8
                                   ---------------------------------------------------------------------------------------------------------------------
                                    nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc    Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single............................  29   1   2  84   1   2  126   0   1  315   1   2  168   1   2  264   1   2  500   2   3  800   3   4   1,250   4   5
-----------------------------------
Double............................  18   0   2  36   0   2  ...  ..  ..  ...  ..  ..  120   0   2  174   0   2  252   0   3  456   0   4  ......  ..  ..
                                    36   1   2  96   1   2  ...  ..  ..  ...  ..  ..  180   1   2  336   1   2  540   2   3  864   3   4  ......  ..  ..
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.


[[Page 212]]

[GRAPHIC] [TIFF OMITTED] TC02SE91.001


[[Page 213]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.15 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=0.15]
----------------------------------------------------------------------------------------------------------------
                                                      Identification number of OC curves
                             -----------------------------------------------------------------------------------
  Comparable sampling plans            1                    2                    3                    4
                             -----------------------------------------------------------------------------------
                                nc     Ac     Re     nc     Ac     Re     nc     Ac     Re     nc     Ac     Re
----------------------------------------------------------------------------------------------------------------
Single......................    264      0      1    500      1      2    800      2      3  1,250      3      4
-----------------------------
Double......................  .....  .....  .....    360      0      2    456      0      3    576      0      3
                              .....  .....  .....    516      1      2    864      2      3  1,296      3      4
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.002


[[Page 214]]


           Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.25 Defects per Hundred Units
                                                               [Sampling plans--AQL=0.25]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Identification number OC curves
                                                              ------------------------------------------------------------------------------------------
                  Comparable sampling plans                        R1          N2           R3        N and R4      N and R5         N6           N7
                                                              ------------------------------------------------------------------------------------------
                                                               nc  Ac  Re  nc  Ac  Re  nc   Ac  Re   nc   Ac  Re   nc   Ac  Re   nc  Ac  Re   nc  Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.......................................................  29   1   2  84   0   1  84    1   2  168    1   2  315    2   3  500   3   4  800   4   5
--------------------------------------------------------------
Double.......................................................  18   0   2  ..  36   0   2  120   0    2  168   0    3  228   0    3  ..  ..  ...  ..  ..
                                                               18   1   2  ..  96   1   2  180   1    2  348   2    3  516   3    4  ..  ..  ...  ..  ..
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.003


[[Page 215]]


  Tightened Inspection Plans--Sampling Plans and Operation Characteristics (OC) Curves for AQL=0.25 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=0.25]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   0   1  315   1   2  500   2   3  800   3   4  1,250   4   5
----------------------------------------------
Double.......................................  ...  ..  ..  168   0   2  228   0   3  456   0   4  .....  ..  ..
                                               ...  ..  ..  348   1   2  516   2   3  864   3   4  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.004


[[Page 216]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.50
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=0.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   1   2  168   2   3  315   3   4  500   5   6  800   7   8
-------------------------------------
Double..............................  18   0   2  36   0   2  120   0   3  168   0   4  228   0   5  ...  ..  ..
                                      36   1   2  96   1   2  180   2   3  348   3   4  516   5   6  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.005


[[Page 217]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.50 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=0.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   1   2  315   2   3  500   3   4  800   4   5  1,250   6   7
----------------------------------------------
Double.......................................  120   0   2  168   0   3  228   0   3  456   1   5  .....  ..  ..
                                               180   1   2  348   2   3  516   3   4  864   4   5  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.006


[[Page 218]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.00
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=1.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   2   3  168   4   5  315   6   7  500   9  10  800  13  14
-------------------------------------
Double..............................  18   0   2  36   0   3  120   2   5  168   1   5  228   2   7  ...  ..  ..
                                      36   1   2  96   2   3  180   4   5  348   7   8  516   9  10  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.007


[[Page 219]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.00 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=1.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   2   3  315   3   4  500   5   6  800   7   8  1,250  10  11
----------------------------------------------
Double.......................................  120   0   3  168   0   4  228   0   5  456   2   6  .....  ..  ..
                                               180   2   3  348   3   4  516   5   6  864   8   9  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.008


[[Page 220]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.50
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=1.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   3   4  168   5   6  315   8   9  500  12  13  800  18  19
-------------------------------------
Double..............................  18   0   2  36   0   4  120   2   6  168   2   7  228   3   9  ...  ..  ..
                                      36   1   2  96   3   4  180   5   6  348   9  10  516  12  13  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.009


[[Page 221]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.50 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=1.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   4   5  315   6   7  500   9  10  800  13  14  1,250  19  20
----------------------------------------------
Double.......................................  120   2   5  168   1   5  228   2   7  456   5  10  .....  ..  ..
                                               180   4   5  348   7   8  516   9  10  864  14  15  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.010


[[Page 222]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=2.50
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=2.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   2   3  84   4   5  168   7   8  315  13  14  500  18  19  800  27  28
-------------------------------------
Double..............................  18   0   3  36   0   4  120   3   7  168   5  10  228   5  11  ...  ..  ..
                                      36   2   3  96   4   5  180   8   9  348  14  15  516  19  20  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.011


[[Page 223]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=2.50 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=2.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   5   6  315   8   9  500  12  13  800  18  19  1,250  26  27
----------------------------------------------
Double.......................................  120   2   6  168   2   7  228   3   9  456   8  13  .....  ..  ..
                                               180   5   6  348   9  10  516  12  13  864  19  20  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.012


[[Page 224]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=4.00
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=4.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   3   4  84   6   7  168  11  12  315  19  20  500  28  29  800  42  43
-------------------------------------
Double..............................  18   1   3  36   0   5  120   6  10  168   7  13  228   8  17  ...  ..  ..
                                      36   4   5  96   7   8  180  12  13  348  21  22  516  29  30  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.013


[[Page 225]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=4.00 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=4.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   7   8  315  13  14  500  18  19  800  27  28  1,250  41  42
----------------------------------------------
Double.......................................  120   3   7  168   5  10  228   5  11  456  12  19  .....  ..  ..
                                               180   8   9  348  14  15  516  19  20  864  29  30  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.014


[[Page 226]]


    Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=2.50
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=6.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   4   5  84   9  10  168  16  17  315  28  29  500  42  43  800  64  65
-------------------------------------
Double..............................  18   1   4  36   2   7  120  10  14  168  12  18  228  15  24  ...  ..  ..
                                      36   5   6  96  10  11  180  17  18  348  31  32  516  43  44  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.015


[[Page 227]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=6.50 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=6.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168  11  12  315  19  20  500  28  29  800  42  43  1,250  63  64
----------------------------------------------
Double.......................................  120   6  10  168   7  13  228   8  17  456  21  28  .....  ..  ..
                                               180  12  13  348  21  22  516  29  30  864  44  45  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.016


[[Page 228]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=10.00
                                            Defects per Hundred Units
                                           [Sampling plans--AQL=10.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   5   6  84  13  14  168  23  24  315  41  42  500  62  63  800  95  96
-------------------------------------
Double..............................  18   2   5  36   3   9  120  14  19  168  19  26  228  23  34  ...  ..  ..
                                      36   6   7  96  15  16  180  25  26  348  45  46  516  64  65  ...  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.017


[[Page 229]]


  Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL=10.00 Defects per
                                                  Hundred Units
                                           [Sampling plans--AQL=10.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168  16  17  315  28  29  500  42  43  800  64  65  1,250  96  97
----------------------------------------------
Double.......................................  120  10  14  168  12  18  228  15  24  456  32  41  .....  ..  ..
                                               180  17  18  348  31  32  516  43  44  864  69  70  .....  ..  ..
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sampling size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIFF OMITTED] TC02SE91.018


[31 FR 4687, Mar. 19, 1966; 31 FR 4949, Mar. 25, 1966, as amended at 36 
FR 18457, Sept. 15, 1971. Redesignated at 41 FR 42640, Sept. 28, 1976 
and 42 FR 32514, June 27, 1977, further redesignated at 45 FR 69424, 
Oct. 21, 1980 and 46 FR 63203, Dec. 31, 1981]

[[Page 230]]



Sec. 42.141  Obtaining Operating Characteristic (OC) curve information 
for skip lot sampling and inspection.

    The Operating Characteristic (OC) curve information (probability of 
acceptance) for skip lot sampling and inspection procedures described in 
Sec. 42.121 is easily obtained from the single curve in Sec. 42.142. 
The procedure for using the curve in Sec. 42.142 is as follows:
    (a) Select any sampling plan for normal condition of container 
inspection from Table I or Table I-A of Sec. 42.109.
    (b) For a given Quality of Submitted Lots, 100p, find the 
Percent of Lots Expected to be Accepted, Pa from the respective OC curve 
in Sec. 42.140.
    (c) Refer to Sec. 42.142 with this Percent of Lots Expected to be 
Accepted, Pa, and read the new Percent of Lots Expected to be Accepted, 
Pas, which results when using these skip lot procedures.

For example, let's assume the lot size is 6,001 to 12,000 containers, 
and we use the single sampling plan of size 168 for normal inspection 
(Table I of Sec. 42.109) along with an AQL for total defects of 6.5. 
The OC curve for this sampling plan is curve N and R3. Also, assume that 
the quality of the lot is 6.5 defects per hundred units. From curve N 
and R3, then, the Pa is determined to be 95 percent. Then refer to the 
graph in Sec. 42.142 and locate Pa of 95 percent along the horizontal 
axis. From this point, proceed vertically to the curve and then 
horizontally to the left to the vertical axis. From this point on the 
vertical axis, Pas is determined to be approximately 98 \1\ percent for 
skip lot sampling and inspection.
---------------------------------------------------------------------------

    \1\ This slight increase of Pas over Pa results because all the lots 
offered for inspection are no longer being inspected. Some lots are 
being ``skipped'', and thereby accepted, which would have been rejected 
if inspected. The largest increase in Pa which will occur using skip lot 
sampling is approximately 4 percent. It is for this reason that skip lot 
sampling procedures are applied only in instances where past production 
quality has been consistently high--as evidenced by the requirement to 
have 10 consecutively acceptable lots prior to a reduction in sampling 
rate--and where all requirements in Sec. 42.120 also have been met.

[41 FR 42641, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 
and 45 FR 69424, Oct. 21, 1980 and further redesignated at 46 FR 63203, 
Dec. 31, 1981]

[[Page 231]]



Sec. 42.142  Curve for obtaining Operating Characteristic (OC) curve 
information for skip lot sampling and inspection.

[GRAPHIC] [TIFF OMITTED] TC02SE91.019

    Notes: 1. This curve applies only to the specific skip lot sampling 
and inspection plan described in Sec. 42.121 and Sec. 42.123.
    2. Pa and Pas are essentially equal for values under 50 percent.

[41 FR 42641, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 
and further redesignated at 45 FR 69424, Oct. 21, 1980 and 46 FR 63203, 
Dec. 31, 1981]



Sec. 42.143  Operating Characteristic (OC) curves for on-line sampling and 
inspection.

    (a) This section contains the Operating Characteristic (OC) curve 
for each of the on-line cumulative sum sampling plans provided in 
subpart D. The OC curve and the corresponding cumulative sum sampling 
plans are listed by AQL.
    (b) Different plan parameters used to make acceptance and rejection 
decisions are provided for each AQL.
    (c) The curves show the ability of the various cumulative sum 
sampling plans to distinguish between good and bad portions of 
production. The interpretation of these curves for portions of 
production is similar to the interpretation of the OC curves for 
stationary lots as illustrated in Sec. 42.140(c).

[[Page 232]]



Reduced, Normal and Tightened Inspection Plans---Cumulative Sum Sampling Plans and Operating Characteristic (OC)
                                  Curves for AQL=0.25 Defects per Hundred Units
                                           [Sampling plans--AQL=0.25]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13         0         0         0        25      0.05     0.95     0.35       50      0.1      0.9      0.3
----------------------------------------------------------------------------------------------------------------
ng=Number of sample units in a subgroup. T=Subgroup tolerance. L=Acceptance limit. S=Starting value.

[GRAPHIC] [TIFF OMITTED] TC02SE91.020


[[Page 233]]


Reduced, Normal, and Tightened Inspection Plans--Cumulative Sum Sampling Plans and Operating Characteristic (OC)
                                  Curves for AQL=1.5 Defects per Hundred Units
                                            [Sampling plans--AQL=1.5]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13       0.5       0.5         0        25       0.5        2        1       50      0.8      1.6      0.4
----------------------------------------------------------------------------------------------------------------
ng=Number of sample units in a subgroup. T=Subgroup tolerance. L=Acceptance limit. S=Starting value.

[GRAPHIC] [TIFF OMITTED] TC02SE91.021


[[Page 234]]


  Reduced, Normal, and Tightened Inspection Plans--Cumulative Sampling Plans and Operating Characteristic (OC)
                                  Curves for AQL=6.5 Defects per Hundred Units
                                            [Sampling Plans--AQL=6.5]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13         1         2         1        25         2        3        1       50      2.5        3        1
----------------------------------------------------------------------------------------------------------------
ng=Number of sample units in a subgroup. T=Subgroup tolerance. L=Acceptance limit. S=Starting value.

[GRAPHIC] [TIFF OMITTED] TC02SE91.022


[45 FR 69424; Oct. 21, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981]

[[Page 235]]



PART 43_STANDARDS FOR SAMPLING PLANS--Table of Contents




                               Definitions

Sec.
43.101 Meaning of words.
43.102 Definitions.

                             Sampling Plans

43.103 Purpose and scope.
43.104 Master table of single and double sampling plans.
43.105 Operating characteristics (OC) curves.
43.106 Choosing AQL's and sampling plans.

    Authority: Secs. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended; 7 U.S.C. 1622, 1624.

    Source: 29 FR 5870, May 5, 1964. Redesignated at 42 FR 32514, June 
27, 1977 and 46 FR 63203, Dec. 31, 1981, unless otherwise noted.

                               Definitions



Sec. 43.101  Meaning of words.

    Words used in this subpart in the singular form shall be considered 
to impart the plural, or vice versa, as the case may demand.



Sec. 43.102  Definitions.

    Statistical and inspection or sampling terms and their respective 
definitions that are used in the sampling plans and operating 
characteristic curves of which are pertinent to the understanding of 
inspection by attributes follow:
    Acceptable quality level (AQL). The AQL is expressed in terms of 
percent defective or defects per 100 units. Lots having a quality level 
equal to a specified AQL will be accepted approximately 95 percent of 
the time when using the sampling plans prescribed for that AQL.
    Acceptance number (Ac). The number in a sampling plan that indicates 
the maximum number of defects or defectives permitted in a sample in 
order to consider a lot as meeting a specific requirement.
    Acceptance sampling. The art or science that deals with procedures 
in which decisions to accept or reject lots or processes are based on 
the examination of samples.
    Attributes. Refers to the measurement of a given factor noting and 
recording the presence or absence of some characteristic (attribute) in 
each of the units in the group under consideration.
    Consumer's risk. The risk a consumer takes that a lot will be 
accepted by a sampling plan even though the lot does not conform to 
requirements. In the standards of this subpart this risk is nominally 
set at ten percent.
    Consumer protection. The ability of a sampling plan to reject 
unacceptable supplies. This is measured as the complement of the 
probability of acceptance (Pa) for the Limited Quality (LQ) lots. The 
consumer protection is 90 percent in these standards.
    Defect. A failure to meet a requirement imposed on a unit with 
respect to a single quality characteristic. A unit may contain more than 
one defect.
    Defective. A defective unit; one containing one or more defects with 
respect to the quality characteristic(s) under consideration.
    Inspection. The examination (including testing) of supplies 
(including, when appropriate, raw materials, components and intermediate 
assemblies).
    (a) Acceptance inspection. An inspection to determine conformance of 
supplies to specified requirements in order to accept or reject the 
supplies.
    (b) Estimation inspection. In dealing with attributes, an inspection 
to determine the amount of the supplies conforming to a specified 
requirement--usually expressed as a percentage.
    Inspection by attributes. Inspection whereby either the sample unit 
is classified as defective or non-defective with respect to a 
requirement or set of requirements (when on a ``defective'' basis); or, 
inspection whereby the number of defects in each sample unit is counted 
with respect to a requirement or set of requirements (when on a 
``defect'' basis).
    Limiting quality (LQ). The LQ is expressed in terms of percent 
defective or defects per 100 units. Lots inspected under the standards 
of this subpart that have a ten percent probability of acceptance are 
referred to as a lot having a quality level equal to LQ.
    Lot. A collection of units of the same size, type and style which 
has been manufactured or processed under essentially the same 
conditions. The term shall mean ``inspection lot,'' i.e., a

[[Page 236]]

collection of units of product from which a sample is to be drawn and 
inspected to determine conformance with the acceptability criteria. An 
inspection lot may differ from a collection of units designated as a lot 
for other purposes (e.g., production lot, shipping lot, etc.).
    Lot size. The number of units in the lot.
    Operating characteristic curve (OC curve). A curve that gives the 
probability of acceptance as a function of a specific lot quality level.
    Probability of acceptance (Pa). For a given sampling plan and a 
given quality of inspection lots, is that percentage of inspection lots 
expected to be accepted.
    Process capability. Performance of a process under normal operating 
conditions. The performance is measured with respect to specific 
characteristics.
    Producer's risk. The risk that a producer takes that a lot will be 
rejected by a sampling plan even though the lot conforms to 
requirements. In the standards of this subpart this risk is nominally 
set at five percent.
    Random sampling. A process of selecting a sample from a lot whereby 
each unit in the lot has an equal chance of being chosen. Ordinary 
haphazard choice is generally insufficient to guarantee randomness. 
Devices such as tables of random numbers are used to remove subjective 
biases inherent in personal choice.
    Rejection number (Re). The number in a sampling plan that indicates 
the minimum number of defects or defectives permitted in a sample that 
will cause a lot to fail a specific requirement.
    Sample. Any number of sample units which are to be used for 
inspection.
    Sample size. The number of sample units which are to be included in 
the sample.
    Sample unit. A container, the entire contents of a container, a 
portion of the contents of a container, a composite mixture of a 
product, or any other unit of container or commodity to be used for 
inspection.
    Sampling. The act of drawing or selecting sample units from a given 
lot.
    Sampling plan. A specific plan which states the sample size(s), 
acceptance number(s) and rejection number(s). In the standards of this 
subpart two types of sampling plans are provided:
    (a) Single sampling plan. A sampling inspection scheme in which a 
decision to accept or reject an inspection lot is based on the 
inspection of a single sample. A single sampling plan consists of a 
single sample size with associated acceptance and rejection number(s).
    (b) Double sampling plan. A sampling inspection scheme which 
involves use of two independently drawn but related samples, a first 
sample (n1) and a second sample which is added to the first 
to form a total sample size (nt). A double sampling plan 
consists of a first and total sample size with associated acceptance and 
rejection number(s). Inspection of the first sample leads to a decision 
to accept, to reject, or to take a second sample and the examination of 
a second sample, when required, always leads to a decision to accept or 
reject.

                             Sampling Plans



Sec. 43.103  Purpose and scope.

    (a) This subpart contains selected single and double sampling plans 
for inspection by attributes. They are to serve as a source of plans for 
developing sound specifications, standards, or sampling and inspection 
procedures.
    (b) The sampling plans of this subpart and corresponding operating 
characteristic curves are indexed by acceptable quality level, AQL. The 
AQL's expressed in percent defectives or defects per hundred units are:

        0.065               0.40                2.5               8.5
         0.10               0.65                4.0              10.0
         0.15                1.0                5.0              12.5
         0.25                1.5                6.5              15.0
 



Sec. 43.104  Master table of single and double sampling plans.

    (a) In the master table, a sampling plan is selected by first 
determining the sample size or sizes and AQL to be used. Then find the 
applicable acceptance (Ac) and rejection (Re) numbers at the 
intersection of the sample size(s) row and AQL column. These numbers 
together with the sample size or sizes constitute a sampling plan.
    (b) Single sampling plans having a sample size of 66 or greater and 
an acceptance number of 1 are not included in the Master Table. These 
plans are

[[Page 237]]

listed in the tables which supplement the Master Table and accompany the 
OC curves as indexes to the comparable double sampling plans. The use of 
these single sampling plans do not facilitate the practice of using two 
or more AQL's simultaneously with the same sample size.



Sec. 43.105  Operating characteristics (OC) curves.

    The OC curves shows the ability of the various sampling plans, 
presented for each AQL, to distinguish between lots of different 
quality.



Sec. 43.106  Choosing AQL's and sampling plans.

    (a) The selection of AQL's and sampling plans for given lot sizes 
depends on too many factors to permit the issuance of a ``pre-selected'' 
standard set of plans for specified lot sizes. Each user of the 
standards of this subpart should select AQL's and sampling plans that 
are tailored to best meet his needs.
    (b) Some of the factors that must be considered prior to selecting 
the AQL's are:
    (1) Class of defects such as major and minor: Major defects would 
generally require lower AQL's than those for minor defects;
    (2) Process capabilities under good commercial practice with respect 
to the defects in question: For example, if under normal production 
processes, the defect level cannot be kept below 2.0 percent defective, 
the selection of an AQL of 0.15 percent defective, although desirable 
for the defects in question, may not be practical;
    (3) Consumer preferences: These may require higher AQL's or permit 
lower AQL's than process capabilities would indicate; and
    (4) Time and cost required to sample and inspect a lot under various 
AQL's: The smaller the AQL the more time and cost of inspection.
    (c) Some of the factors that may be considered prior to selecting 
the sampling plans for given lot sizes are:
    (1) The applicable AQL(s): The AQL dictates, among other things, the 
smallest sample size that can be used and the size of the ``jumps'' from 
one sample size to the next larger one;
    (2) The relative ability of the plans to discriminate between 
``good'' and ``bad'' lots: Although several plans in these standards 
have the same AQL, they differ in their ability to reject lots worse 
than the AQL's. The OC curve in the standards of this subpart provide 
the basis for determining the discriminating ability of each plan;
    (3) The amount, time, and cost of sampling required;
    (4) The size and value of the lots relative to the producer and 
consumer protection a sampling plan affords: One may be willing to take 
larger risks of passing ``bad'' lots that are small or of lesser value 
than they would for larger more valuable lots;
    (5) The knowledge about the lot(s) to be submitted for inspection: 
Lots consisting of product produced under essentially the same 
conditions may require smaller sample sizes than those consisting of 
product produced by different shifts and different raw stock for 
example; and
    (6) The record of the quality level of previously submitted lots: 
The sample size can be smaller for lots submitted from a supplier with a 
consistent record of quality levels significantly better than the 
specified AQL(s) than sample sizes for the supplier whose records show 
considerable variability in quality, ``borderline'' supplies or product 
worse than the AQL.

[[Page 238]]



                                                                                           Master Table of Single and Double Sampling Plans\1\
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                   Acceptable quality levels
                                                                                     ---------------------------------------------------------------------------------------------------------------------------------------------------
             Sample size code letter                          Sample size              0.065     0.10     0.15     0.25     0.40     0.65     1.0      1.5      2.5      4.0      5.0      6.5      8.5      10.0      12.5       15.0
                                                                                     ---------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re     Ac Re      A