[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: 7CFR800.85]

[Page 543-545]
 
                          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. 800.85  Inspection of grain in combined lots.

    (a) General. The official inspection for grade of bulk or sacked 
grain loaded aboard, or being loaded aboard, or discharged from two or 
more carriers or containers (including barges designed for loading 
aboard a ship) as a

[[Page 544]]

combined lot shall be performed according to the provisions of this 
section and procedures prescribed in the instructions.
    (b) Application procedure. (1) For inspection during loading, 
unloading, or at rest. Applications for official inspection of grain as 
a combined lot shall (i) be filed in accordance with Sec. 800.116; (ii) 
show the estimated quantity of grain that is to be certificated as one 
lot; (iii) show the contract grade if applicable; and (iv) identify each 
carrier into which grain is being loaded or from which grain is being 
unloaded.
    (2) Recertification. An application for recertification as a 
combined lot of grain that has been officially inspected and 
certificated as two or more single lots shall (i) be filed not later 
than 2 business days after the latest inspection date of the single lots 
and (ii) show information specified in paragraph (b)(1) of this section.
    (c) Inspection procedure; general--land carriers and barges. (1) 
Inspection during loading, or unloading, or at rest. Grain in two or 
more land carriers and barges that are to be officially inspected as a 
combined lot shall be sampled in a reasonably continuous operation. 
Representative samples shall be obtained from the grain in each 
individual carrier and inspected in accordance with procedures as 
prescribed in the instructions.
    (2) Recertification. Grain that has been officially inspected and 
certificated as two or more single lots may be recertificated as a 
combined lot if (i) the grain in each lot was sampled in a reasonably 
continuous operation; (ii) the original inspection certificates issued 
for the single lots have been surrendered to official personnel; (iii) 
representative file samples of the single lots are available; (iv) the 
grain in the single lots is of one grade and quality; (v) official 
personnel who performed the inspection service for the single lots and 
those who are to recertificate the grain as a combined lot determine 
that the samples used as a basis for the inspection of the grain in the 
single lots were representative at the time of sampling and have not 
changed in quality or condition; and (vi) the quality or condition of 
the grain meets uniformity requirements established by the Service for 
official inspection of grain in combined lots.
    (d) Weighted or mathematical average. Official factor and official 
criteria information shown on a certificate for grain in a combined lot 
shall, subject to the provisions of paragraphs (e) through (g) of this 
section, be based on the weighted or mathematical averages of the 
analysis of the sublots in the lot and shall be determined in accordance 
with the instructions.
    (e) Infested grain. If the grain in a combined lot is offered for 
official inspection as it is being loaded aboard a carrier and the 
grain, or a portion of the grain, in a lot is found to be infested, 
according to applicable provisions of the Official U.S. Standards for 
Grain, the applicant shall be notified and may exercise options 
specified in the instructions. When grain in railcars or trucks with 
permanently enclosed tops is considered infested, the applicant shall be 
given the option of (1) receiving a grade certificate with a special 
grade designation indicating that the entire lot is infested or (2) 
fumigating the grain in the lot in accordance with instructions and 
receiving a grade certificate without the special grade designation.
    (f) Grain uniform in quality. Samples obtained from grain officially 
inspected as a combined lot shall be examined for uniformity of quality. 
If the grain in the samples is found to be uniform in quality and the 
grain is loaded aboard or is unloaded from the carriers in a reasonably 
continuous operation, the grain in the combined lot shall be officially 
inspected and certificated as one lot. The requirements of this 
paragraph (f) and paragraph (c) of this section with respect to 
reasonably continuous loading or unloading do not apply to grain which 
is at rest in carriers when the grain is offered for inspection.
    (g) Grain not uniform in quality. When grain officially inspected as 
a combined lot is found to be not uniform in quality or if the grain is 
not loaded or unloaded in a reasonably continuous operation, the grain 
in each portion, and any grain which is loaded or unloaded at different 
times, shall be officially sampled, inspected, graded, and certificated 
as single lots.

[[Page 545]]

    (h) Special certification procedures. (1) Grain not uniform in 
quality. When grain in a combined lot is found to be not uniform in 
quality under paragraph (g) of this section, the official inspection 
certificate for each portion of different quality shall show (i) the 
grade, identification, and approximate quantity of the grain and (ii) 
other information required by the instructions.
    (2) Partial inspection. When an inbound movement of bulk grain is 
offered for official inspection at rest as a combined lot and all 
carriers are not fully accessible for sampling, the request for official 
inspection either shall be dismissed or a combined lot inspection shall 
be made on those carriers that are accessible. Those lots that are not 
accessible shall be handled in accordance with Sec. 800.84. If the 
request is for an official inspection service on an outbound movement of 
grain at rest in a combined lot, the request shall be dismissed on the 
ground that the grain is not accessible for a correct ``Out'' 
inspection.
    (3) Official mark. If grain in a combined lot is inspected for grade 
as it is being loaded aboard two or more carriers, upon request of the 
applicant, the following mark shall be shown on the inspection 
certificate: ``Loaded under continuous official inspection'' or ``Loaded 
under continuous official inspection and weighing.''
    (4) Combined-lot certification; general. Each official certificate 
for a combined-lot inspection service shall show the identification for 
the ``combined lot'' or, at the request of the applicant, the 
identification of each carrier in the combined lot. If the 
identification of each carrier is not shown, the statement ``Carrier 
identification available on official inspection log'' shall be shown on 
the inspection certificate in the space provided for remarks. The 
identification and any seal information for the carriers may be shown on 
the reverse side of the inspection certificate, provided the statement 
``See reverse side'' is shown on the face of the certificate in the 
space provided for remarks.
    (5) Recertification. If a request for a combined-lot inspection 
service is filed after the grain has been officially inspected and 
certificated as single lots, the combined-lot inspection certificate 
shall show (i) the date of inspection of the grain in the combined lot 
(if the single lots were inspected on different dates, the latest of the 
dates shall be shown); (ii) a serial number other than the serial 
numbers of the official inspection certificates that are to be 
superseded; (iii) the location of the grain, if at rest, or the name of 
the elevator from which or into which the grain in the combined lot was 
loaded or unloaded; (iv) a statement showing the approximate quantity of 
grain in the combined lot; (v) a completed statement showing the 
identification of any superseded certificates; and (vi) if at the time 
of issuing the combined-lot inspection certificate the superseded 
certificates are not in the custody of the official personnel, a 
statement indicating that the superseded certificates have not been 
surrendered shall be clearly shown in the space provided for remarks. If 
the superseded certificates are in the custody of official personnel, 
the superseded certificates shall be clearly marked ``Void.''
    (i) Further combining. After a combined-lot inspection certificate 
has been issued, there shall be no further combining and no dividing of 
the certificate.
    (j) Limitation. No combined-lot inspection certificate shall be 
issued (1) for any official inspection service other than as described 
in this section or (2) which shows a quantity of grain in excess of the 
quantity in the single lots.

[50 FR 49672, Dec. 4, 1985]