[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR800.84]

[Page 542-543]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER VIII--GRAIN INSPECTION, PACKERS AND STOCKYARD ADMINISTRATION 
      (FEDERAL GRAIN INSPECTION SERVICE), DEPARTMENT OF AGRICULTURE
 
PART 800--GENERAL REGULATIONS--Table of Contents
 
Sec. 800.84  Inspection of grain in land carriers, containers, and barges in single lots.

    (a) General. The reinspection of bulk or sacked grain loaded or 
unloaded from any carrier or container, except shiplot grain, shall be 
conducted in accordance with the provisions in this section and 
procedures prescribed in the instructions.
    (b) Single and multiple grade procedure. (1) Single grade. When 
grain in a carrier or container is offered for inspection as one lot and 
the grain is found to be uniform in condition, the grain shall be 
sampled, inspected, graded, and certificated as one lot. For the purpose 
of this paragraph, condition only includes the factors heating, musty, 
or sour.
    (2) Multiple grade. When grain in a carrier or container is offered 
for inspection as one lot and the grain is found to be not uniform in 
condition because portions of the grain are heating, musty, or sour, the 
grain in each portion will be sampled, inspected, and graded separately; 
but the results shall be shown on one certificate. The certificate shall 
show the approximate quantity or weight of each portion, the location of 
each portion in the carrier or container, and the grade of the grain in 
each portion.
    (3) Infested. If any portion of grain in a lot is found to be 
infested, according to applicable provisions of the Official U.S. 
Standards for Grain, the entire lot shall be considered infested. When 
grain in railcars or trucks with permanently enclosed tops is considered 
infested, the applicant for inspection shall be promptly notified and 
given the option of (i) receiving a grade certificate with a special 
grade designation indicating that the entire lot is infested or (ii) 
fumigating the grain in the lot in accordance with instructions and 
receiving a grade certificate without the special grade designation.
    (c) One certificate per carrier: exceptions. Except as provided in 
this paragraph, one official certificate shall be issued for the 
inspection of the grain in each truck, trailer, truck/trailer(s) 
combination, railcar, barge, or similarly sized carrier. The 
requirements of this paragraph are not applicable:
    (1) When grain is inspected in a combined lot under Sec. 800.85;
    (2) When grain is inspected under paragraph (d) of this section; or
    (3) When certification is at the option of the applicant in 
accordance with instructions.
    (d) Bulkhead lots. If grain in a carrier is offered for official 
inspection as two or more lots and the lots are separated by bulkheads 
or other partitions, the grain in each lot shall be sampled, inspected, 
and graded separately in accordance with paragraphs (a) and (b) of this 
section. An official certificate shall be issued for each lot inspected. 
Each certificate shall show the term ``Bulkhead Lot,'' the approximate 
quantity or weight of the grain in the lot, the location of the lot in 
the carrier, and the grade of the grain in the lot.
    (e) Bottom not sampled. If bulk grain offered for official 
inspection is at rest in a carrier or container and is fully

[[Page 543]]

accessible for sampling in an approved manner, except that the bottom of 
the carrier or container cannot be reached with each probe, the grain 
shall be sampled as thoroughly as possible with an approved probe. The 
grain in the resulting samples shall be inspected, graded, and 
certificated, except that each certificate shall show a statement, as 
specified in the instructions, indicating the depth probed. Any 
inspection which is based on a sample that does not represent the entire 
carrier or container does not meet the mandatory inspection requirements 
of section 5(a)(1) of the Act.
    (f) Partial inspection--heavily loaded. (1) General. When an ``In'' 
movement of bulk grain is offered for inspection at rest in a carrier or 
container and is loaded in such a manner that it is possible to secure 
only door-probe or shallow-probe samples, the container shall be 
considered to be ``heavily loaded,'' and the request for inspection 
either shall be dismissed or a partial inspection shall be made. If the 
request is for the inspection of an ``Out'' movement of grain, the 
request shall be dismissed on the grounds that the grain is not 
accessible for a correct ``Out'' inspection.
    (2) Certification procedure. If a partial inspection is made, the 
grain will be sampled as thoroughly as possible with an approved probe 
and inspected, graded, and a ``partial inspection--heavily loaded'' 
certificate issued. The certificate shall show the words ``Partial 
inspection--heavily loaded'' in the space provided for remarks. The type 
of samples that were obtained shall be described in terms of ``door 
probe'' or ``shallow probe.''
    (3) Reinspection and appeal inspection procedure. A request for a 
reinspection or an appeal inspection service on grain in a carrier or 
container that is certificated as ``partial inspection--heavily loaded'' 
shall be dismissed in accordance with Sec. 800.48(a)(4).
    (4) Restriction. No ``partial inspection--heavily loaded'' 
certificate shall be issued for sacked grain or any inspection other 
than the inspections described in paragraphs (f)(1) through (4) of this 
section and Sec. 800.85(h)(2).
    (g) Part lots. (1) General. If a portion of the grain in a carrier 
or container is removed, the grain that is removed and the grain 
remaining shall be considered separate lots. When an official inspection 
service is requested on either portion, the grain shall be sampled, 
inspected, graded, and a ``part-lot'' inspection certificate issued.
    (2) Grain remaining in carrier or container. The certificate for 
grain remaining in a carrier or container shall show (i) the following 
completed statement: ``Partly unloaded; results based on portion 
remaining in (show carrier or container identification),'' (ii) the term 
``Part lot'' following the quantity information, (iii) the 
identification of the carrier or container, and (iv) the estimated 
amount and location of the part lot.
    (3) Grain unloaded from carrier or container. If grain is sampled by 
official personnel during unloading, the certificate for the grain that 
is unloaded shall show (i) the completed statement: ``Part lot; results 
based on portion removed from (show carrier identification)'' and (ii) 
the term ``Part lot'' following the quantity information. If the grain 
is not sampled by official personnel during unloading, the certificate 
may, upon request of the applicant, show a completed statement such as 
``Applicant states grain is ex-car ____'' or ``Applicant states grain is 
ex-barge ____,'' but the certificate shall not otherwise show a carrier 
or container identification or the term ``Part lot.''
    (h) Identification for compartmented cars. The identification for 
compartments in a compartmented railcar shall, in the absence of readily 
visible markings, be stated in terms of the location of the grain in a 
compartment, with the first compartment at the brake end of the car 
being identified as B-1, and the remaining compartments being numbered 
consecutively towards the other end of the car.

[50 FR 49671, Dec. 4, 1985, as amended at 57 FR 11428, Apr. 3, 1992]