[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: 7CFR800.82]

[Page 544-545]
 
                          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. 800.82  Sampling provisions by level of service.

    (a) Original inspection service. (1) Official sample-lot inspection 
service. Each original inspection service shall be performed on the 
basis of one or more official samples obtained by official personnel 
from grain in the lot and forwarded to the appropriate agency or field 
office.
    (2) Warehouseman's sample-lot inspection. Each original 
warehouseman's sample-lot inspection service shall be performed on the 
basis of samples obtained by a licensed warehouseman and sent to the 
appropriate agency or field office in whose circuit the warehouse is 
located.
    (3) Submitted sample service. Each original submitted sample 
inspection service shall be performed on the basis of the sample as 
submitted.
    (b) Reinspection, and appeal inspection services. (1) Official 
sample-lot inspection

[[Page 545]]

service. Each of these inspection services shall be performed on the 
basis of official samples as available, including file samples, at the 
time the service is requested. In performing these services, a sample 
obtained with an approved diverter-type mechanical sampler or with a 
pelican sampler generally shall be used with respect to quality factors 
and official criteria, and a sample obtained with a probe at the time of 
the reinspection or appeal, generally, shall be used with respect to 
heating, musty, sour, insect infestation, and other condition and odor 
factors. In instances where original inspection results are based on 
samples obtained by probe, the decision as to whether file samples or 
new samples obtained by probe are to be used shall be made by the 
official personnel performing the service.
    (2) Warehouseman's sample-lot inspection service. Each reinspection 
service and appeal inspection service on a warehouseman's sample shall 
be performed on an analysis of the official file sample.
    (3) Submitted sample service. Each reinspection service and appeal 
inspection service on a submitted sample shall be performed on an 
analysis of the official file sample.
    (c) Board appeal inspection services. Board appeal inspection 
services shall be performed on an analysis of the official file sample.
    (d) 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 may be considered representative for a 
reinspection service, appeal inspection service, and a Board appeal 
inspection service if (i) the file sample has remained at all times in 
the custody and control of the official personnel that performed the 
inspection service in question; and (ii) the official personnel who 
performed the original inspection service and those who are to perform 
the reinspection, the appeal inspection, or the Board appeal inspection 
service determine that the samples were representative at the time the 
original inspection service was performed and that the quality or 
condition of the grain in the samples has not changed.
    (2) Certificate statement. When the results of a reinspection, 
appeal inspection, or Board appeal inspection service are based on an 
official file sample, the certificate for the reinspection service, the 
appeal inspection service, and the Board appeal inspection service shall 
show a statement, as specified in the instructions, indicating that the 
results are based on the official file sample.

[50 FR 49670, Dec. 4, 1985]