[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: 7CFR868.35]

[Page 630]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER VIII--GRAIN INSPECTION, PACKERS AND STOCKYARD ADMINISTRATION 
      (FEDERAL GRAIN INSPECTION SERVICE), DEPARTMENT OF AGRICULTURE
 
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES--Table of Contents
 
                         Subpart A--Regulations
 
Sec. 868.35  Sampling provisions by level of service.

    (a) Original inspection service. (1) Lot inspection service. Each 
original lot inspection service shall be made on the basis of one or 
more representative samples obtained by official personnel from the 
commodity in the lot and forwarded to the appropriate location.
    (2) Submitted sample service. Each original submitted sample 
inspection service shall be performed on the basis of the sample as 
submitted.
    (b) Retest inspection service. Each retest inspection service 
performed on a commodity lot or a submitted sample shall be based on an 
analysis of the file sample.
    (c) Appeal inspection service. (1) Lot inspection service. Each 
appeal inspection service on a commodity lot shall be made on the basis 
of a file sample or, upon request, a new sample.
    (2) Submitted sample service. Each appeal inspection service on the 
commodity in a submitted sample shall be based on an analysis of the 
file sample.
    (d) Board appeal inspection service. Each Board appeal inspection 
service performed on a commodity lot or submitted sample shall be based 
on an analysis of the file sample.
    (e) Use of file samples. (1) Requirements for use. A file sample 
that is retained by official personnel in accordance with the procedures 
prescribed in the instructions shall be considered representative for 
retest inspection, appeal inspection, and Board appeal inspection 
service if: (i) The file samples have remained at all times in the 
custody and control of the official personnel that performed the 
inspection service and (ii) the official personnel who performed the 
inspection service in question and those who are to perform the retest 
inspection, the appeal inspection, or the Board appeal inspection 
service determines that the samples were representative of the commodity 
at the time the inspection service was performed and that the quality or 
condition of the commodity in the samples has not since changed.
    (2) Certificate statement. The certificate for a retest inspection, 
appeal inspection, or Board appeal inspection service which is based on 
a file sample shall show the statement ``Results based on file sample.''