[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR800.0]

[Page 516-522]
 
                          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. 800.0  Meaning of terms.

    (a) Construction. Words used in the singular form shall be 
considered to imply the plural and vice versa, as appropriate. When a 
section; e.g., Sec. 800.2, is cited, it refers to the indicated section 
in these regulations.
    (b) Definitions. For the purpose of these regulations, unless the 
context requires otherwise, the following terms shall have the meanings 
given for them below. The terms defined in the Act have been 
incorporated herein for easy reference.

[[Page 517]]

    (1) Act. The United States Grain Standards Act, as amended (39 Stat. 
482-485, as amended 7 U.S.C. 71 et seq.).
    (2) Additives. Materials approved by the Food and Drug 
Administration or the Environmental Protection Agency and added to grain 
for purposes of insect and fungi control, dust suppression, or 
identification.
    (3) Administrator. The Administrator of the Grain Inspection, 
Packers and Stockyards Administration or any person to whom authority 
has been delegated.
    (4) Agency. A delegated State or an official agency designated by 
the Administrator, as appropriate.
    (5) Appeal inspection service. An official review by a field office 
of the results of an original inspection service or a reinspection 
service.
    (6) Applicant. An interested person who requests an official 
inspection or a Class X or Class Y weighing service.
    (7) Approved scale testing organization. A State or local 
governmental agency, or person, approved by the Service to perform 
official equipment testing services with respect to weighing equipment.
    (8) Approved weigher. A person employed by or at an approved 
weighing facility and approved by the Service to physically perform 
Class X or Class Y weighing services, and certify the results of Class Y 
weighing.
    (9) Approved weighing equipment. Any weighing device or related 
equipment approved by the Service for the performance of Class X or 
Class Y weighing services.
    (10) Approved weighing facility. An elevator that is approved by the 
Service to receive Class X or Class Y weighing services.
    (11) Assigned area of responsibility. A geographical area assigned 
to an agency or to a field office for the performance of official 
inspection or Class X or Class Y weighing services.
    (12) Board appeal inspection service. An official review by the 
Board of Appeals and Review of the results on an appeal inspection 
service.
    (13) Board of Appeals and Review. The Board of Appeals and Review of 
the Service.
    (14) Business day. The established field office working hours, any 
Monday through Friday that is not a holiday, or the working hours and 
days established by an agency.
    (15) Cargo shipment. Bulk or sacked grain that is loaded directly 
aboard waterborne carrier for shipment. Grain loaded aboard a land 
carrier for shipment aboard a waterborne carrier shall not be considered 
to be a cargo shipment.
    (16) Carrier. A truck, trailer, truck/trailer(s) combination, 
railroad car, barge, ship, or other container used to transport bulk or 
sacked grain.
    (17) Chapter. Chapter VIII of the Code of Federal Regulations (7 CFR 
chapter VIII).
    (18) Circuit. A geographical area assigned to a field office.
    (19) Class X or Class Y weighing equipment testing. Any operation or 
procedure performed by official personnel to determine the accuracy of 
the equipment used, or to be used, in the performance of Class X or 
Class Y weighing services.
    (20) Combined lot. Grain loaded aboard, or being loaded aboard, or 
discharged from two or more carriers as one lot.
    (21) Compliance. Conformance with all requirements and procedures 
established by statute, regulation, instruction, or directive so that 
managerial, administrative, and technical functions are accomplished 
effectively. Compliance functions include: evaluating alleged 
violations, initiating preliminary investigations; initiating 
implementation of all necessary corrective actions; conducting 
management and technical reviews; administering the designation of 
agencies and the delegation of State agencies to perform official 
functions; identifying and, where appropriate, waiving and monitoring 
conflicts of interest; licensing agency personnel; responding to audits 
of FGIS programs; and reviewing and, when appropriate, approving agency 
fee schedules.
    (22) Container. A carrier, or a bin, other storage space, bag, box, 
or other receptacle for grain.
    (23) Contract grade. The official grade, official factors, or 
official criteria specified in a contract for sale or confirmation of 
sale; or in the absence of a contract the official grade, official 
factors,

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or official criteria specified by the applicant for official service.
    (24) Contract service. An inspection or weighing service performed 
under a contract between an applicant and the Service.
    (25) Contractor. A person who enters into a contract with the 
Service for the performance of specified official inspection or official 
monitoring services.
    (26) Date of official inspection service or Class X or Class Y 
weighing services. The day on which an official inspection, or a Class X 
or Class Y weighing service is completed. For certification purposes, a 
day shall be considered to end at midnight, local time.
    (27) Deceptive loading, handling, weighing, or sampling. Any manner 
of loading, handling, weighing, or sampling that knowingly deceives or 
attempts to deceive official personnel.
    (28) Delegated State. A State agency delegated authority under the 
Act to provide official inspection service, or Class X or Class Y 
weighing services, or both, at one or more export port locations in the 
State.
    (29) Department of Agriculture and Department. The United States 
Department of Agriculture (USDA).
    (30) Designated agency. A State or local governmental agency, or 
person, designated under the Act to provide either official inspection 
service, or Class X or Class Y weighing services, or both, at locations 
other than export port locations.
    (31) Door-probe sample. A sample taken with a probe from a lot of 
bulk grain that is loaded so close to the top of the carrier that it is 
possible to insert the probe in the grain only in the vicinity of the 
tailgate of the truck or trailer, the door of the railroad boxcar, or in 
a similarly restricted opening or area in the carrier in which the grain 
is located or is loaded in hopper cars or barges in such a manner that a 
representative sample cannot be obtained.
    (32) Elevator. Any warehouse, storage, or handling facility used 
primarily for receiving, storing, or shipping grain. In a facility that 
is used primarily for receiving, storing, and shipping grain, all parts 
of the main facility, as well as annexes, shall be considered to be part 
of the elevator. A warehouse, storage, and handling facility that is 
located adjacent to and is operated primarily as an adjunct of a grain 
processing facility shall not be considered to be an elevator.
    (33) Elevator areas and facilities. All operational areas, including 
the automated data processing facilities that are an integral part of 
the inspection or weighing operations of an elevator; the loading and 
unloading docks; the headhouse and control rooms; all storage areas, 
including the bins, the interstices, the bin floor, and the basement; 
and all handling facilities, including the belts, other conveyors, 
distributor scales, spouting, mechanical samplers, and electronic 
controls.
    (34) Employed. An individual is employed if the individual is 
actually employed or the employment is being withheld pending issuance 
of a license under the Act.
    (35) Exporter. Any person who ships or causes to be shipped any bulk 
or sacked grain in a final carrier or container in which the grain is 
transported from the United States to any place outside the United 
States.
    (36) Export elevator. Any grain elevator, warehouse, or other 
storage or handling facility in the United States (i) from which bulk or 
sacked export grain is loaded (A) aboard a carrier in which the grain is 
shipped from the United States to any place outside thereof, or (B) into 
a container for shipment to an export port location where the grain and 
the container will be loaded aboard a carrier in which it will be 
shipped from the United States to any place outside thereof; and (ii) 
which has been approved by the Service as a facility where Class X or 
Class Y weighing of grain may be obtained.
    (37) Export grain. Grain for shipment from the United States to any 
place outside thereof.
    (38) Export port location. A commonly recognized port of export in 
the United States or Canada, as determined by the Administrator, from 
which grain produced in the United States is shipped to any place 
outside the United States. Such locations include any coastal or border 
location or site in the United States which contains one or more export 
elevators, and is identified by the Service as an export port location.

[[Page 519]]

    (39) False, incorrect, and misleading. Respectively false, 
incorrect, and misleading in any particular.\2\
---------------------------------------------------------------------------

    \1\ [Reserved]
    \2\ A definition taken from the U.S. Grain Standards Act, as 
amended, with certain modifications which do not change the meanings.
---------------------------------------------------------------------------

    (40) Federal Register. An official U.S. Government publication 
issued under the Federal Register Act of July 26, 1935, as amended (44 
U.S.C. 301 et seq.).
    (41) Field Office. An office of the Service designated to perform or 
supervise official inspection services and Class X and Class Y weighing 
services.
    (42) Grain. Corn, wheat, rye, oats, barley, flaxseed, sorghum, 
soybeans, triticale, mixed grain, sunflower seed, canola, and any other 
food grains, feed grains, and oilseeds for which standards are 
established under section 4 of the Act.
    (43) Handling. Loading, unloading, elevating, storing, binning, 
mixing, blending, drying, aerating, screening, cleaning, washing, 
treating, or fumigating grain.
    (44) Holiday. The legal public holidays specified in paragraph (a) 
of section 6103, Title 5, of the United States Code (5 U.S.C. 6103(a)) 
and any other day declared to be a holiday by Federal statute or 
Executive Order. Under section 610 and Executive Order No. 10357, as 
amended, if the specified legal public holiday falls on a Saturday, the 
preceding Friday shall be considered to be the holiday, or if the 
specified legal public holiday falls on a Sunday, the following Monday 
shall be considered to be the holiday.
    (45) ``IN'' movement. A movement of grain into an elevator, or into 
or through a city, town, port, or other location without a loss of 
identity.
    (46) Instructions. The Notices, Instructions, Handbooks, and other 
directives issued by the Service.
    (47) Interested person. Any person having a contract or other 
financial interest in grain as the owner, seller, purchaser, 
warehouseman, or carrier, or otherwise.
    (48) Interstate or foreign commerce. Commerce from any State to or 
through any other State, or to or through any foreign country.
    (49) Licensee. Any person licensed by the Service.
    (50) Loading. Placing grain in or aboard any carrier or container.
    (51) ``LOCAL'' movement. A bin run or other inhouse movement, or 
grain in bins, tanks, or similar containers which are not in transit or 
designed to transport grain
    (52)  [Reserved]
    (53) Lot. A specific quantity of grain identified as such.
    (54) Material error. An error in the results of an official 
inspection service that exceeds the official tolerance, or any error in 
the results of a Class X or Class Y weighing service
    (55) Material portion. A subsample, component, or sublot which is 
determined to be inferior to the contract or declared grade. A subsample 
is a material portion when it has sour, musty, or commercially 
objectionable foreign odors, when it is heating; or when it is of 
distinctly low quality. A component is a material portion when it is 
infested or when it is determined to be inferior in quality by more than 
one numerical grade to the contract or declared grade. A sublot is a 
material portion when a factor result causes a breakpoint to be exceeded 
or when a factor result exceeds specific sublot contract requirements. A 
sublot designated a material portion shall include only one sublot.
    (56) Merchandiser. Any person, other than a producer, who buys and 
sells grain and takes title to the grain. A person who operates as a 
broker or commission agent and does not take title to the grain shall 
not be considered to be a merchandiser.
    (57) Monitoring. Observing or reviewing activities performed under 
or subject to the Act for adherence to the Act, the regulations, 
standards, and instructions and preparing reports thereon.
    (58) Nonregular workday. Any Sunday or holiday.
    (59) Official agency. Any State or local government agency, or any 
person, designated by the Administrator pursuant to subsection (f) of 
section 7 of the Act for the conduct of official inspection (other than 
appeal inspection), or subsection (c) of section 7A of the Act for the 
conduct of Class X or

[[Page 520]]

Class Y weighing (other than review of weighing).
    (60) Official certificate. Those certificates which show the results 
of official services performed under the Act as provided in the 
instructions, and any other official certificates which may be approved 
by the Service in accordance with the instructions.
    (61) Official criteria. A quantified physical or chemical property 
of grain that is approved by the Service to determine the quality or 
condition of grain or other facts relating to grain.
    (62) Official factor. A quantified physical or chemical property of 
grain as identified in the Official U.S. Standards for Grain.
    (63) Official forms. License, authorizations, and approvals; 
official certificates; official pan tickets; official inspection or 
weighing logs; weight sheets; shipping bin weight loading logs; official 
equipment testing reports; official certificates of registration; and 
any other forms which may be issued or approved by the Service that show 
the name of the Service or an agency and a form number.
    (64) Official grade designation. A numerical or sample grade 
designation, specified in the standards relating to kind, class, 
quality, and condition of grain provided for in the Act.
    (65) Official inspection. The determination (by original inspection, 
and when requested, reinspection and appeal inspection) and the 
certification, by official personnel, of the kind, class, quality, or 
condition of grain, under standards provided for in the Act; or the 
condition of vessels and other carriers or receptacles for the 
transportation of grain insofar as it may affect the quality of such 
grain; or other facts relating to grain under other criteria approved by 
the Administrator (the term ``officially inspected'' shall be construed 
accordingly).
    (66) Official inspection equipment testing. Any operation or 
procedure by official personnel to determine the accuracy of equipment 
used, or to be used, in the performance of official inspection services.
    (67) Official inspection technician. Any official personnel who 
perform or supervise the performance of specified official inspection 
services and certify the results thereof, other than certifying the 
grade of the grain.
    (68) Official inspector. Any official personnel who perform or 
supervise the performance of official inspection services and certify 
the results thereof including the grade of the grain.
    (69) Official marks. The symbols or terms ``official certificate,'' 
``official grade,'' ``officially sampled,'' ``officially inspected,'' 
``official inspection,'' ``U.S. inspected,'' ``loaded under continuous 
official inspection,'' ``official weighing,'' ``officially weighed,'' 
``official weight,'' ``official supervision of weighing,'' ``supervision 
of weighing,'' ``officially supervised weight,'' ``loaded under 
continiuous official weighing,'' ``loaded under continuous official 
inspection and weighing,'' ``officially tested,'' ``Class X weight,'' 
``official Class X weighing,'' ``Class X weighing,'' ``official Class Y 
weighing,'' ``Class Y weighing,'' and ``Class Y weight.''
    (70) Official personnel. Persons licensed or otherwise authorized by 
the Administrator pursuant to Section 8 of the Act to perform all or 
specified functions involved in official inspection, Class X or Class Y 
weighing, or in the supervision of official inspection, or Class X or 
Class Y weighing.
    (71) Official sample. A sample obtained from a lot of grain by, and 
submitted for official inspection by, official personnel (the term 
``official sampling'' shall be construed accordingly).
    (72) Official sampler. Any official personnel who perform or 
supervise the performance of official sampling services and certify the 
results thereof.
    (73) Official stowage examination. Any examining operation or 
procedure performed by official personnel to determine the suitability 
of a carrier or container to receive or store grain.
    (74) Official tolerance. A statistical allowance prescribed by the 
Service, on the basis of expected variation, for use in performing or 
supervising the performance of official inspection services, official 
equipment testing services, and, when determined under an established 
loading plan, reinspection services and appeal inspection services.
    (75) Official U.S. Standards for Grain. The Official U.S. Standards 
for Grain established under the Act describe the

[[Page 521]]

physical and biological condition of grain at the time of inspection.
    (76) Official weigher. Any official personnel who perform or 
supervise the performance of Class X or Class Y weighing services and 
certify the results thereof, including the weight of the grain.
    (77) Official weighing. (Referred to as Class X weighing.) The 
determination and certification by official personnel of the quantity of 
a lot of grain under standards provided for in the Act, based on the 
actual performance of weighing or the physical supervision thereof, 
including the physical inspection and testing for accuracy of the 
weights and scales and the physical inspection of the premises at which 
weighing is performed and the monitoring of the discharge of grain into 
the elevator or conveyance. (The terms ``officially weigh'' and 
``officially weighed'' shall be construed accordingly.)
    (78) Official weighing technician. Any personnel who perform or 
supervise specified weighing services and certify the results thereof 
other than certifying the weight of grain.
    (79) Official weight sample. Sacks of grain obtained at random by, 
or under the complete supervision of, official personnel from a lot of 
sacked grain for the purpose of computing the weight of the grain in the 
lot.
    (80) Original inspection. An initial official inspection of grain.
    (81) ``Out'' movement. A movement of grain out of an elevator or out 
of a city, town, port, or other location.
    (82) Person. Any individual, partnership, corporation, association, 
or other business entity.
    (83) Quantity. Pounds or kilograms, tons or metric tons, or bushels.
    (84) Reasonably continuous operation. A loading or unloading 
operation in one specific location which does not include inactive 
intervals in excess of 88 consecutive hours.
    (85) Regular workday. Any Monday, Tuesday, Wednesday, Thursday, 
Friday, or Saturday that is not a holiday.
    (86) Regulations. The regulations in parts 800, 801, and 802 of this 
chapter.
    (87) Reinspection service. An official review of the results of an 
original inspection service by the agency or field office that performed 
the original inspection service.
    (88) Respondent. The party proceeded against.
    (89) Review of weighing service. An official review of the results 
of a Class X or Class Y weighing service.
    (90) Secretary. The Secretary of Agriculture of the United States or 
any person to whom authority has been delegated.
    (91) Service. The Federal Grain Inspection Service of the Grain 
Inspection, Packers and Stockyards Administration of the United States 
Department of Agriculture.
    (92) Service representative. An authorized salaried employee of the 
Service; or a person licensed by the Administrator under a contract with 
the Service.
    (93) Shallow-probe sample. A sample taken with a probe from a lot of 
bulk grain that is loaded so close to the top of the carrier that it is 
possible to insert the probe in the grain at the prescribed locations, 
but only at an angle greater or more obtuse from the vertical than the 
angle prescribed in the instructions.
    (94) Ship. The verb ``ship'' with respect to grain means transfer 
physical possession of the grain to another person for the purpose of 
transportation by any means of conveyance, or transport one's own grain 
by any means of conveyance.
    (95) Shiplot grain. Grain loaded aboard, or being loaded aboard, or 
discharged from an ocean-going vessel including a barge, lake vessel, or 
other vessel of similar capacity.
    (96) Shipper's Export Declaration. The Shipper's Export Declaration 
certificate filed with the U.S. Department of Commerce, Bureau of 
Census.
    (97) Specified service point. A city, town, or other location 
specified by an agency for the performance of official inspection or 
Class X or Class Y weighing services and within which the agency or one 
or more of its inspectors or weighers is located.
    (98) Standardization. The act, process, or result of standardizing 
methodology and measurement of quality and quantity. Standardization 
functions include: compiling and evaluating data to develop and to 
update grading and

[[Page 522]]

weighing standards, developing or evaluating new methodology for 
determining grain quality and quantity, providing reference standards 
for official grading methods, and reviewing official results through the 
use of a quality control and weight monitoring program.
    (99) State. Any one of the States (including Puerto Rico) or 
territories or possessions of the United States (including the District 
of Columbia).
    (100) Submitted sample. A sample submitted by or for an interested 
person for official inspection, other than an official sample.
    (101) Supervision. The effective guidance of agencies, official 
personnel and others who perform activities under the Act, so as to 
reasonably assure the integrity and accuracy of the program activities. 
Supervision includes overseeing, directing, and coordinating the 
performance of activities under the Act, reviewing the performance of 
these activities; and effecting appropriate action. FGIS supervisory 
personnel supervise agencies, official personnel and others who perform 
activities under the Act. Agency supervisors are responsible for the 
direct supervision of their own official personnel and employees. FGIS 
provides oversight, guidance, and assistance to agencies as they carry 
out their responsibilities.
    (102) Supervision of weighing (Referred to as Class Y weighing.) 
Such supervision by official personnel of the grain-weighing process as 
is determined by the Administrator to be adequate to reasonably assure 
the integrity and accuracy of the weighing and of certificates which set 
forth the weight of the grain and such physical inspection by such 
personnel of the premises at which the grain weighing is performed as 
will reasonably assure that all the grain intended to be weighed has 
been weighed and discharged into the elevator or conveyance.
    (103) United States. The States (including Puerto Rico) and the 
territories and possessions of the United States (including the District 
of Columbia).
    (104) Use of official inspection service. The use of the services 
provided under a delegation or designation or provided by the Service.
    (105) Uniform in quality. A lot of grain in which there are no 
material portions.
    (106) Warehouseman's sampler. An elevator employee licensed by the 
Service to obtain samples of grain for a warehouseman's sample-lot 
inspection service. Warehouseman's samplers are not considered official 
personnel, but they are licensed under authority of section 11 of the 
Act.

[45 FR 15810, Mar. 11, 1980, as amended at 49 FR 36068, Sept. 14, 1984; 
49 FR 37055, Sept. 21, 1984; 49 FR 49586, Dec. 21, 1984; 52 FR 6495, 
Mar. 4, 1987; 55 FR 24041, June 13, 1990; 57 FR 3273, Jan. 29, 1992; 60 
FR 5835, Jan. 31, 1995]

                             Administration