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FEDERAL REGISTER, Tuesday, August 29, 1939
Sec.
52.57 Refunds when declaration of inten tion is signed by applicant.
a Contract basis for 50 to 999 gradings in 12 months.
b Contract basis for 1,000 or more gradings in 12 months.
c How refunds are to be computed-.
d Payment of refunds.
52.58 Charges for traveling expenses.
52.59 Pees for score sheet when formal certificates are issued.
52.60 Pees for copies of certificates.
52.61 Pees for appeal gradings.
52.62 When score sheets are attached to in formal reports.
52.63 When charges are to be based on hourly rate.
52.64 Pee for continuous factory inspection and grading.

shipment or when received at such im portant central markets as the Secre tary of Agriculture may from time to time designate, or at points which may be conveniently reached therefrom, under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service, rendered: Provided, That certificates issued by the authorized agents of the Department shall be re ceived in all courts of the United States as prima facie evidence of the truth of the statements therein contained.
b Secretary. The Secretary or Act ing Secretary of Agriculture of the MISCELLANEOUS
United States.
52.65 Fraud or misrepresentation.
c Agricultural Marketing Service.
52.66 Political activity.
62.67 Publication.
The Agricultural Marketing Service of 52.68 Identification.
the United States Department of Agri By virtue of the authority vested in culture.
d Canned fruits and vegetables.
the Secretary of Agriculture by the Act of Congress approved June 30, 1939 Any fruits or vegetables preserved in her Public No. 159, 76th Congress entitled metically sealed containers and sterilized An Act making appropriations for the by heat.
e Official grader. An employee of Department of Agriculture for the fiscal year ending June 30, 1940, and for other the United States Department of Agri purposes authorizing the establishment culture authorized by the Secretary to of an inspection service for farm prod investigate and certify to any financially ucts, I, Harry L. Brown, Acting Secre interested party the quality and condi tary of Agriculture, do make, prescribe, tion of canned fruits and vegetables un publish, and give public notice of the der the Act.
following regulations superseding the f Licensed sampler. A person, not Regulations of the Secretary of Agri an employee of the United States De culture approved March 23, 1932, as partment of Agriculture, authorized by amended, governing the grading and the Secretary to officially draw samples certification of canned fruits and vege of canned fruits and vegetables under the tables, such regulations to be effective Act and these regulations.
immediately.
g Person. An individual, corpora tion, partnership, or two or more persons D EFIN ITIO N S
having a joint or common interest.
52.1 Meaning of words. Words used, h Certificate of grade. A certificate in these regulations in the singular form issued under the Act, stating the grade, shall be deemed to import the plural, quality, and condition of canned fruits and vice versa, as the case may demand. and vegetables.
52.2 Terms defined. For the pur i Certificate of sampling. A certifi pose of these regulations, unless the con text otherwise require, the following cate issued under the Act by a licensed terms shall be construed, respectively, sampler covering samples officially drawn from a specifically designated lot of to mean:
canned fruits and vegetables.
a The Act. The following provi j Lot. A lot may consist of any sion of an Act of Congress entitled An number of containers of one size, of one Act making appropriations for the De commodity, of one type and one style partment of Agriculture for the fiscal and, in the case of products customarily year ending June 30, 1940, and for other packed to size, one size.
purposes, approved June 30, 1939, For k Case. For the purpose of these enabling the Secretary of Agriculture, regulations, whether the canned fruits independently and in cooperation with other branches of the Government, State and vegetabls be cased or uncased, a agencies, purchasing and consuming or case shall be construed to consist of the ganizations, boards of trade, chambers usual number of cans ordinarily packed of commerce, or other associations of in a case. For example, 48 No. 1 East businessmen or trade organizations, and ern or Picnic size cans, 24 No. 2, No. 2Y2, persons or corporations engaged in the or No. 3 size cans, 12 No. 5 size cans, or production, transportation, marketing, 6 No. 10 size cans shall constitute a case.
l Regulations. Rules and regula and distribution of farm and food prod ucts, whether operating in one or more tions of the Secretary, under the Act, jurisdictions, to investigate and certify relating to canned fruits and vegetables.
to shippers and other interested parties ADMINISTRATION
the class, quality, and condition of cot ton, tobacco, fruits, and vegetables, 52.3 Chief of Agricultural Market whether raw, dried, or canned, poultry, ing Service. The Chief of Agricultural butter, hay, and other perishable farm Marketing Service is charged with the products when offered for interstate supervision of the performance of all
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duties arising in the administraton of the Act.
W H ERE SERVICE IS OFFERED

52.4 Official sampling and grading.
Samples may be drawn by employees of the Department designated for the pur pose, at the following points and such other points as may be conveniently reached therefrom. Official grading will be performed at points designated with asterisk and such other points as may be designated from time to time.
Samples will be drawn by officials sta tioned at any of the points listed. Sam ples drawn at points where grading service is not available will be forwarded at expense of applicant to nearest grad ing office.
a List of offices.
Albany, N. Y.
Atlanta, Ga.
Baltimore, Md.
Boston, Mass.
Buffalo, N. Y.
Chicago, 111.
Cincinnati, Ohio.
Cleveland, Ohio.
Columbus, Ohio.
Denver, Colo.
Detroit, Mich.
Easton, Md. seasonal.
East Providence, R. I.
Fargo, N. D.
Fort Worth, Tex.
Harrisburg, Pa.
Hartford, Conn.
Houston, Tex.
Indianapolis, Ind.
Jacksonville, Fla.
Kansas City, Mo.
Los Angeles, Calif.
Memphis, Tenn.
Milwaukee, Wis.
Minneapolis, Minn.
Newark, N. J.
New Haven, Conn.
New Orleans, La.
New York, N. Y.
Norfolk, Va.
Oklahoma City, Olda.
Omaha, Nebr.
Philadelphia, Pa.
Phoenix, Ariz.
Pittsburgh, Pa.
Portland, Ore.
Rochester, N. Y.
Sacramento, Calif.
St. Louis, Mo.
Salt Lake City, Utah.
San Francisco, Calif.
Seattle, Wash.
Tampa, Fla.
Washington, D. C.
N o t e : The above offices may be addressed as follows: Farm Products Inspection Serv ice, U. S. Department of Agriculture.

b Official sampling by licensees or other authorized persons. Samples may be officially drawn by individuals author ized, or licensed for the purpose by the Secretary as provided in section 52.31, who may ship samples to offices desig nated with asterisk under a of this section for grading.