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FEDERAL REGISTER, Tuesday, August 29, 1939

3746

52.10 When application may be re stamp or mark on such products or jected. Any application may be re the containers thereof, or otherwise, as 52.5 Who may obtain service. An jected by the official grader in charge the official grader may deem proper:
application for grading service under the of the office in which it is filed, for any Provided further, That memoranda of Act may be made by any person having non-compliance with he Act or any ap gradings for other purposes may be a financial interest in the products in plicable regulation thereunder, and such issued in lieu of certificates on forms volved, including Federal, State, county, grader shall immediately notify the ap approved by the Chief of Agricultural or municipal governments, and canners, plicant by telegraph at the applicants Marketing Service.
receivers, common carriers, or by any expense or in writing of the reasons for 52.18 Issuance of certificates. The authorized person in behalf of such such rejection.
official grader shall sign and issue a sepa applicant.
52.11 When application may be rate certificate for each lot of canned 52.6 Where application is filed. Ap withdrawn. Application may be with fruits and vegetables graded by him.
plication for grading may be filed with drawn by the applicant at any time be Each kind of canned fruits and vegeta an official grader or licensed sampler, or fore the service is performed, upon pay bles shall constitute a separate lot, and in any office mentioned in section 52.4. ment of any expenses incurred in con different types or styles of the same kind Proof of the applicants interest or of the nection therewith.
of canned fruits and vegetables shall be authority of any person applying for 52.12 Accessibility of product. The considered separate lots.
grading in behalf of another may be re applicant shall cause the canned fruits 52.19 Disposition of certificates.
quired in the discretion of the official and vegetables for which grading is re The certificate and not to ex grader or may be transmitted through quested to be made accessible for sam ceed original four copies, if requested prior to any licensed sampler or through the per pling.
issuance, shall be immediately delivered son drawing samples.
52.13 Basis of certification. Grad or mailed to the applicant or a person 52.7 How to make application. Such ing and certification for quality or con designated by him. One copy shall be application shall be in English, and may dition shall, unless the applicant shall filed the office of the grader, and one be made in writing or orally, by tele request otherwise, be based upon the of copy in to the Chief of Agricul graph, telephone, or otherwise. It may ficial or tentative standards for grades tural forwarded Marketing Service. Copies will be be made for one or more cars, lot or lots, of canned fruits and vegetables of the furnished to other financially interested sample or samples of canned fruits and United States Department of Agricul parties as outlined in section 52.60.
vegetables, or may be a blanket appli ture, or upon Federal specifications of 52.20 Advance information. Upop cation for grading of all designated cars, the Federal Specifications Executive request of an applicant, all or any part lots or samples of canned fruits and Committee, or upon the specifications of of vthe contents of a certificate may be vegetables within a given period, or any State or foreign country, or shall be or telephoned to him or to within a given warehouse, store, or other by description where official standards telegraphed any person designated by him, at his place. If made orally, the official grader or specifications are lacking. Certifi expense.
may require that it be confirmed in writ cates may be restricted to a single fac APPEAL GRADING
ing or by telegraph, setting forth the tor, such as net or drained weights, facts required in section 52.8.
condition of cans or cases, etc.
52.21 When appeal may be taken.
52.8 Form of application. Each ap 52.14 Order of grading. As many An application for appeal grading may plication for grading shall state a the lots will be sampled and graded by of be made when any party financially in name and post office address of the ap ficial samplers and graders as facilities terested in a lot of canned fruits or vege plicant, and of the person making the permit, and, as far as practicable, in tables previously officially sampled and application, if acting as agent for an the order in which applications are re graded is dissatisfied with the determi other; b the name and post office ad ceived, except that applications for ap nation stated in the original certificate.
dress of the canner,if known; c the peal gradings shall have precedence i 52.22 How to obtain. Appeal grad kind and quality of canned fruits and over all other applications.
ings may be obtained by the applicant vegetables involved; d the financial 52.15 Financial interest of grader.
other person financially interested in interest of the applicant therein; e No official grader shall grade any prod or lot by filing a request for such ap the identification of the canned fruits or uct in which he is directly or indirectly the peal grading a in the grading office vegetables by 1 the declared grade, financially interested.
nearest the point where the product is label, brand, code or other marks and 52.16 Postponing grading. If, be located, b with the grader who made their meaning if known; 2 the car the original grading, or c with the initials, car number and name of com cause of the possibility of latent defects Chief of Agricultural Marketing Service.
mon carrier, if possible; 3 name and not apparent immediately after pack The application for appeal shall be filed ing, or for any reason, the grader feels location of warehouse, store or other 30 days, exclusive of Sundays place where the canned fruits and vege he will be unable to determine accu within tables are located; and 4 any other rately the true grade and condition of a and legal holidays, from the date of the pertinent information; f the particu product, he shall postpone examination original certificate of grade and shall lar quality or condition concerning which of the product for such period as may, state the reasons therefor and may be inspection or grading is requested, in in his judgment, be reasonably neces accompanied by a copy of any previous cluding the timé when the service is de sary to enable him to determine its true certificate of grade or grading report, or any other information which the ap sired and where the products to be ex quality or condition.
52.17 Form of certificate. Certifi plicant shall have received regarding the amined are located; g the name and address of the buyer when the canned cates shall be issued on forms approved grade or condition of the product at fruits and vegetables are to be graded in by the Chief of Agricultural Marketing the time of the original grading. Such the receiving market; h the name of Service: Provided, That when application application may be made in writing or the originating points and the destina for grading is made by any branch of orally, by telegraph, telephone, or other tion, when known; and i such other the Federal government or by a public wise. If made orally, the person receiv information as may be required by the institution or by anyone, for the pur ing the application may require that it pose of determining whether canned be confirmed in writing.
Agricultural MarketingService.
52.23 Record of filing time. A rec 52.9 When application is deemed fruits and vegetables for use by such ap filed. An application shall be deemed plicant comply with contract specifica ord showing the date and time of filing filed when delivered to the proper grad tions therefor, a formal certificate need such application shall be immediately ing office. A record showing the date not be issued, but the fact of such com made by the receiver thereof.
52.24 When appeal may be refused.
and time of filing shall be made in such pliance or non-compliance with speci fication may be indicated by appropriate If it shall appear that the reasons stated office.
GRADING SERVICE