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FEDERAL REGISTER, Tuesday, August 29, 1939
in an application for appeal grading are nal certificate to such persons as he frivolous or unsubstantial, or that the considers necessary to prevent fraudu quality or condition of the product has lent use of the canceiled certificate.
undergone a material change since the LICENSED SAMPLERS
original grading, or that the product 52.31 Who may be licensed. Per cannot be made accessible for a thor ough examination of all parts of the sons showing prdper qualifications may lot, or the identity of the lot originally be licensed by the Secretary as samplers graded has been lost, or these regula of canned fruits and vegetables to be tions have not been complied with, the graded under the Act, when to do so will application may be denied.
expedite grading, or will effect savings 52.25 When appeal may be with to interested parties. All such licenses drawn. Any application for appeal shall be countersigned by the division o r grading may be withdrawn by the ap project leader in charge of the canned plicant at any time before the grading fruit and vegetable grading service, by has been made, upon payment of any the supervising grader under whose di expenses incurred in connection there rection the licensee is to draw samples, or by such other official as may be desig with.
52.26 When a second grading is nated by the Chief of Agricultural Mar not an appeal. When grading is re keting Service.
quested to determine factors of quality 52.32 How applications are filed.
or condition which may have under Application for licenses to sample canned gone material change since the original fruits and vegetables under the Act shall grading; or when another grading is re be made to the Chief of Agricultural quested for the purpose of securing an Marketing Service on forms furnished for up-to-date certificate and the applicant the purpose by him.
does not question the correctness of the 52.33 Form of application. Each original certificate covering the lot in such application shall be signed by the question; or, when the samples used in applicant, shall be verified by him under connection with the first grading were oath or affirmation administered by a not officially drawn, the new grading duly authorized officer, and shall con shall not be considered an appeal grad tain or be accompanied by a satisfac ing, within the meaning of sections tory evidence that he has passed his 52.21-52.30.
21st birthday; b a statement indicat 52.27 Order in which made. Ap ing his present occupation; c a state peal gradings shall as far as practi ment showing his occupation for ten cable be made at time requested by ap years prior to date of application, to plicant and in the order in which ap gether with names of employers; d a plications are received.
statement that he will not in his offi 52.28 Who shall pass upon appeals. cial capacity as a licensed sampler, if Appeal gradings shall be made by grad licensed, draw samples from any lot of ers specially designated therefor by the canned fruits and vegetables in which Chief of Agricultural Marketing Service he or his employer are in any way and such gradings shall be conducted financially interested; e a statement jointly by two graders when practicable, by the applicant that he agrees to com neither of whom shall have graded the ply with the terms of the Act, and rules lot previously.
and regulations thereunder so far as 52.29 Appeal findings. After an they may relate to him; f a state appeal grading has been made, a cer ment indicating the fees he will charge, tificate designated as appeal grade cer if licensed, which shall not exceed $1.00
tificate shall be signed and issued, re for a single sample of 24 cans, $1.50 for ferring specifically to the original cer two such samples drawn at one time, tificate and stating the quality or con and 50 cents for each additional sample dition of the product, as shown by the drawn a t any one time, plus actual appeal grading. In all other respects traveling and subsistence expenses in the provisions of sections 52.5-52.20 Shall curred incident thereto, if any; and apply to such appeal grade certificate,, g such other information as the except that if the applicant for appeal Chief of Agricultural Marketing Service grading be not the original applicant, a may require.
copy of the appeal grade certificate shall 53.34 Samplers license may be sus be mailed to the original applicant.
pended. A samplers license may be 52.30 Superseded certificóles. When suspended, pending final action by the a certificate of grade shall have been Secretary of Agriculture, by any official superseded under these regulations by an by whom it may be countersigned or appeal grade certificate, such certificate any superior officer whenever such of of grade shall become null and void and ficial shall deem such action to be for shall not thereafter represent the class, the good of the service. Within seven quality, or condition of the product de days after any such suspension, the li scribed therein. If the original and all censee may file an appeal in writing to copies of the superseded certificate are the Secretary of Agriculture, supported not delivered to the person with whom by any argument or evidence that he the application for appeal grading is filed, may wish to offer in his behalf.
the officer issuing the appeal grade cer 52.35 When samples to be drawn.
tificate shall forward notice of such issu Each licensed sampler, when requested, ance and of the cancellation of the origishall without discrimination, as soon as
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practicable and upon reasonable terms, draw samples from such lots of canned fruits or vegetables as are in condition to permit adequate and proper sampling in the manner prescribed in section 52.45.
52.36 Issuance of certificates of sam pling. Immediately after samples are drawn, licensed samplers shall issue a certificate of sampling in quadruplicate on forms provided for the purpose by the Agricultural Marketing Service, the original and two copies to be shipped in the container with the samples to the grading office, the other copy to be re tained by the sampler.
52.37 Samples to be identified and sealed. After drawing samples, the licensed sampler shall issue an official sample label in duplicate, on label forms furnished by the Agricultural Marketing Service. These forms shall be affixed to two of the containers in the official sam ple for identification purposes. Except as provided in section 52.40, all of the containers in an official sample shall be packed in a fibre board carton, the ends and flaps glued or tied down, and the seam created by the closing of the.
flaps, shall be completely covered by a strip of adhesive tape at least two inches wide, on which the licensed sampler shall place his initials and the certificate of sampling number on both the top and bottom of the fibre board carton.
52.38 Where samples are to be shipped. Samples drawn by licensed samplers shall be forwarded, after hav ing been sealed as provided in section 52.37, to the nearest official grading office of the Agricultural Marketing Service, or to such grading office as may be designated by the Agricultural Marketing Service, at the prepaid ex pense of the applicant.
52.39 Retention of check samples.
Upon receipt of an officially drawn sam ple at the office of the grader, in the absence of specific instructions from the Agricultural Marketing Service direct ing otherwise, the sample shall be di vided, one-half to be used for grading and the remainder retained as a check sam ple at the grading office or at such points as the Agricultural Marketing Service may approve. The check sample will be held until the applicant indicates that sale of the lot from which it was drawn has been completed and th at there is no further use for it, but will not be held for a period exceeding one year from date of grading. Upon request of applicant, the check or com parison sample or samples will be re turned to the applicant, at his expense;
otherwise, the samples will be disposed of in such manner as the Chief of Agri cultural Marketing Service may direct..
52.40 Retention of check samples stored with applicant. If the applicant requests, the official sample may be di vided in two equal parts at time of sam pling, one part being retained at point of sampling, as provided in section 52.41. In the event the official sample consists of containers bearing more than