Federal Register - July 22, 1938
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Source: Federal Register
1S06
FEDERAL REGISTER,
F rid a y , J u ly 22, 1938
the State committee, for testing and grading. Inspectors shall make periodic reinspection of storage structures and commodities stored therein, as required by the county committee.
S ec . 201. Adm inistrative instructions.
County comitteemen and inspectors shall be instructed with reference to the in Published by the Division o f the Federal spection of storage structures, the com Register, The National Archives, pursuant to modity to be stored, the taking of sam the authority contained in the Federal Register A c t , approved July 26, 1935 49 ples, and the preparation of documents.
Stat. L. 500, under regulations prescribed Schools of instruction shall be conducted by the Administrative Committee, with the by the State committee and field super approval of the President.
visors. In the cases of wheat and corn, The Administrative Committee consists of the Archivist or Acting Archivist, an officer all storage structures shall meet the re o f the Department o f Justice designated by quirements specified in the applicable the Attorney General, and the Public Printer C. C. C. wheat and com forms.
or Acting Public Printer.
S ec . 202. R igh t to enter premises, The daily issue o f the F e d e r a l R e g is te r will be furnished by m ail to subscribers, free Upon application by an owner for a loan, of postage, for $1 per m onth or $10 per year; any inspector, county committeeman, or single copies 10 cents each; payable in ad any other person duly authorized by the vance. Remit by money order payable to Superintendent o f Documents, Government State committee, shall have authority at all times to enter upon any premises for Printing Office, Washington, D. C.
Correspondence concerning the publica the purposes of inspecting or reinspecting tion of the F e d e r a l R e g is t e r should be ad dressed to the Director, Division of the storage structures and the commodity in Federal Register, The National Archives, storage therein and the sealing or reseal Washington, D. C.
ing of such structures.
Sec. 203. Fee fo r inspecting and sealing storage structures and commodities on the farm . Each applicant for a loan CONTENTS Continued shall pay to the treasurer of the county agricultural conservation association or Securities and Exchange Commis to his designate, as provided in these reg sion Continued Pag ulations, prior to inspection, a minimum Utilities Power & Light Corp., fee of $3.00 which shall apply to only one and Charles True Adams, farm and shall be forfeited by the appli trustee; hearing------------- 1831 cant if the loan is not completed. Upon completion of the loan documents, the applicant shall pay to the treasurer or his designate, a sealing fee established b the audited in the same manner as all other county committee and approved by the funds of the association.
State committee, less the advance pay ment referred to herein. In no case shall ARTICLE II. INSPECTION AND SEALING
the sealing fee be less than $3.00. The Sec. 200. Inspectors. a Inspectors maximum sealing fee for wheat shall be shall be appointed by the county com two cents per bushel; and for com shall mittee for a term not exceeding one cal be one cent per bushel. A total maximum endar year after date of appointment fee per farm may be established by the subject to the approval of the State com county committee subject to the approval mittee. Persons appointed as inspectors o f the State committee.
S ec . 204. Fee fo r certification o f loan shall be members of the County Agricul tural Conservation Association unless documents pertaining to wheat stored in specifically exempted by the State com warehouses. In the event that wheat mittee. The State committee or regional eligible for a loan under the provisions director shall have authority to termi of the Act is stored in a warehouse ap nate the appointment of any inspector proved by the Commodity Credit Corpo upon recommendation of the county ration, the owner of such wheat shall committee or upon written evidence that pay to the treasurer of the county agri such inspector has not faithfully dis cultural conservation association or to his designate, as provided in these regu charged his duties.
b The county committee shall establations, a minimum fee of $1.50 prior to lish the rate of pay per diem, and mile the completion of the loan documents.
S ec . 205. Seal. Upon the approval of age, for inspectors, subject to the ap proval of the State committee. In no a storage structure and the commodity case shall the rate of pay per diem, or stored therein as acceptable collateral mileage, for inspectors be in excess of for a loan under the Act, the inspector such rates for the county committeemen shall attach a seal containing the follow of the county in which he is an inspector ing legend to such structure.
federawregisur
E ver-N o r m a l G r a n a r y except in those States where county committeemen receive no mileage. In BEtT.Fn TINDER AUTHORITY OP THE AGRICUL
spectors shall, under supervision of the TURAL ADJUSTMENT ACT OP 1938, AS AMENDED
county committee, inspect the commod The United States Department of Agricul ity and the storage structure, select a ture certifies that this storage structure for representative sample of the stored com grain has been officially inspected and is modity to be forwarded, as directed by hereby sealed pursuant to the provisions of
the Agricultural Adjustment Act o f 1938, as amended.
Any person tampering with this seal, as affixed by the official inspector, or breaking or entering this structure, or who in any manner interferes with the grain stored herein, unless authorized to do so, shall be subject to the provisions of the United States Criminal Code.
seal
Secretary o f Agriculture of the United States.
Seal N u m b e r ______
S ec . 206. Unlawful "breaking of seals, locks or other fastenings. Any person unlawfully entering or breaking into any storage structure sealed under the pro visions of these regulations, except when such entering or breaking shall be imper ative to prevent damage, loss, or destruc tion o f the commodity stored therein, shall be subject to the provisions of the United States Criminal Code. The seal or any lock or fastening which may be required by the State Committee, shall be affixed by the inspector in such man ner that any breaking thereof shall con stitute unlawful entry or breaking into the storage structure. Nothing con tained herein shall be construed to pro hibit or make unlawful the breaking of such seal or the entry by the owner for the purpose o f ascertaining whether the stored commodity is damaged, impaired, or destroyed, or in danger of being dam aged, impaired, or destroyed.
S ec . 207. Duty o f owner. Nothing in these regulations shall, in any manner, be interpreted or construed to relieve the owner of the commodity from exer cising that degree of care in the safe keeping of the commodity in storage which a reasonable and prudent man would exercise with regard to similar property of his own. In the event that the seal has been tampered with, or the storage structure entered or broken into, or any of the commodity removed, im
paired, damaged, lost, or destroyed, or in danger of being impaired, lost, dam aged, or destroyed, the owner shall at once notify the county committee.
S ec . 208. Fraudulent certification.
Any owner, agent or servant of an owner, inspector, member, or employee of the county agricultural conservation com mittee, who fraudulently makes or aids in fraudulently making a false certifica tion for any commodity, knowing that it contains any false statement, shall be subject to the provisions o f the United States Criminal Code.
ARTICLE m . APPEALS
S ec . 300. R igh t to appeal. Any owner
aggrieved by any ruling or decision of the county committee may appeal in writing, within 15 days, to the State committee. The State committee shall render its decision within 30 days of the receipt of the appeal, and its decision shall be final.
S ec . 301. Procedure in case o f ap peals. I f any owner shall feel aggrieved by any action of the county committee, he may submit his appeal in writing to the State committee within 15 days after such action and no appeal shall