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FEDERAL REGISTER, Tuesday, August 29, 1939
c How refunds are to be computed.
For the purpose of computing the re funds provided under a and b of this section, $5.00 collected in fees shall be considered a grading when the sam ples have been drawn by an official of the Department, regardless of the num ber of certificates issued, and $3.00 col lected in fees shall be considered a grading if the samples have been drawn by someone other than an official of the Department. Charges or fees as sessed for microscopic analysis, alcohol insoluble solids determinations, or serv ice for which additional fees are as sessed, as indicated under section 52.56, copies of score sheets, copies of cer tificates, travel or incidental expenses, fees based on the hourly rate, or charges for continuous factory inspection are not subject to refund.
d Payment of refunds. In the ab sence of specific request from the ap plicant for earlier payment, the refunds provided under a and b of this sec tion shall be made at the end of the 12
month period.
52.58 Charges for traveling ex penses. Such charges may be made for traveling expenses and other items paid or incurred by the Agricultural Mar keting Service in connection with grad ing or sampling, at points other than those named in section 52.4, or appeal grading where the services of an appeal grader are required, as will reimburse the Department.
52.59 Fees for score sheet when formal certificates are issued. If the applicant, when application is filed, re quests a score sheet showing in detail the grading of each container graded, such score sheet covering the grading of 12 cans or less in one lot shall be furnished, for which an additional fee of 500 per sheet will be assessed.
52.60 Fees for copies of certificates.
A fee of $1.00 shall be assessed for not to exceed three copies of certificate fur nished to persons having a financial in terest in the canned fruits and vegeta bles involved, in addition to those men tioned in section 52.19.
52.61 Fees for appeal gradings.
Fees for appeal gradings shall be double those for original gradings, except that when it is found that there was a ma terial error in the determination based upon the original grading, no fee will be charged for the appeal grading.
52.62 When score sheets are at tached to informal reports. When in formal reports are issued, if, previous to grading, the applicant so requests, the score sheet may be attached to the informal report in lieu of carrying de tailed information on the report and no charge will be made for the score sheet.
52.63 When charges are to be based on hourly rate. When grading is done and formal certificates are not issued or when the services rendered are such that charges based upon the foregoing sec tions would be inadequate or inequitable, charges may be based on the time con
sumed by the official grader at the rate of $2.60 per hour.
52.64 Fee for continuous factory in spection and grading. Charges for con tinuous factory inspection and grading may be made on such contract basis as will reimburse the Agricultural Market ing Service for the salary and all ex penses of the factory inspector, and fees of official grader, to which shall be added an appropriate percentage of charges as sessed to cover, as nearly as practicable, administrative overhead expenses.
MISCELLANEOUS

52.65 Fraud or misrepresentation.
Any willful misrepresentation, or any de ceptive or fraudulent practice made or committed by any applicant for grading, appeal grading, or regrading, including the submission of improperly drawn Or false samples drawn with intent to de ceive, or the improper use of the grade certification on labels or invoices may be deemed sufficient cause for declining fur ther applications for grading service from the person guilty thereof.
52.66 Political activity. All graders authorized to issue certificates of grade under the Act and these regulations are forbidden, during the period of their ap pointment to take an active part in po litical management or in political cam paigns. Political activity in city, county, State, or national elections, whether pri mary or regular, or in behalf of any party or candidate, or any measure ti be voted upon, is prohibited. This applies to all appointees, including temporary em ployees, and employees on leave of ab sence with or without pay. Willful vio lation of sections 52.65 and 52.66 will constitute grounds for dismissal.
52.67 Publication. Publication un der the Act and these regulations shall be made in such media as the Agricul tural Marketing Service may from time to time designate for the purpose.
52.68 Identification. All graders shall have in their possession a t all times Agricultural Marketing Service identifi cation cards, and shall identify them selves by such cards on request.
Done at Washington, D. C., this 25th day of August 1939. Witness my hand and the seal of the Department of Agriculture.

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ferred to as the act, for the pur poses and within the limitations therein contained and pursuant to the general regulations issued thereunder, executed, on September 2, 1938, a marketing agreement with handlers of package honey bees and queen bees produced in the United States and issued, of even date therewith, an order1 regulating such handling of package honey bees and queen bees produced in the United States as is in interstate or foreign com merce, and as directly burdens, ob structs, or affects, interstate or foreign commerce, which agreement and order became effective on the 6th day of Sep tember 1938; and Whereas, the Secretary of Agriculture deems it advisable to terminate the aforesaid marketing agreement and order;
Now, therefore, Harry L. Brown, Act ing Secretary of Agriculture of the United States, acting under the author ity vested in the Secretary by said act, and pursuant to paragraph numbered 1, section 2, article XHI of said marketing agreement and order, respectively, hereby terminates the aforesaid m ar keting agreement and order, subject, however, to the following conditions:
1. That the provisions of section 3 of article XllL of said marketing agree ment and order, respectively, regarding the proceedings subsequent to term ina tion, shall remain in force and effect for the purpose of enabling the Control Committee to liquidate and settle all matters arising under the provisions of said marketing agreement or order.
2. That no obligation which has arisen under said marketing agreement or order or which may hereafter arise in connection with, by virtue of, or pur suant to, the said marketing agreement or order shall be affected, waived, or terminated hereby.
3. That the said Control Committee shall have and exercise all of the power and authority vested in the Control Committee, under the terms and provi sions of the aforesaid marketing agree ment and order, th at may be necessary or proper in order to effectuate the aforesaid purposes.

In witness whereof, I, Harry L.
Brown, Acting Secretary of Agriculture of the United States, have executed Acting Secretary of Agriculture.
this termination in duplicate and caused F. R. Doc. 39-3148; Filed, August 25, 1939; the official seal of the United States De 3:25 p. m.
partment of Agriculture to be affixed hereto in the city of Washington, Dis trict of Columbia, this 26th day of Au O rder T erminating M arketing A gree gust 1939, and hereby declare that this ment and O rder R egulating H andling termination shall be effective on and of P ackage H oney B ees and Q ueen after 12:01 a. m. eastern standard time, B ees P roduced in the U nited S tates August 29, 1939.
S eal H arry L. B rown , Whereas, the Secretary of Agriculture Acting Secretary o f Agriculture.
of the United States, acting under the provisions of Public Act No. 10, 73d Con F. R. Doc. 39-3155; Filed, August 28, 1939;
gress, as amended, and as reenacted and 10:56 a. m.
amended by the AgriculturaTMarketing Agreement Act of 1937 hereinafter re 3 F.R. 2149 DI.
seal
H arry L. B rown ,