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4734

FEDERAL REGISTER, Friday, December l y 1939

Sweating. The condition of tobacco in the process of fermentation.
Thins. A term used to designate to bacco of the thin leaf or C group.
Tips. Short leaf or leaf and tips under U. S. Size 44.
Type. A division of a class of tobacco having certain common characteristics and closely related grades. Tobacco which has the same characteristics and corresponding qualities, colors, and lengths, shall be treated as one type, re gardless of any factors of historical or geographical nature which cannot be de termined by an examination of the tobacco.
Type 21. That type of fire-cured to bacco known as Eastern Fire-cured, Vir ginia Fire-cured, or Virginia Smoked;
produced principally in the Piedmont and mountain sections of Virginia.
The terms Eastern, Dark and Darkfired are frequently ambiguously used in referring to this and other types of firecured tobacco.
Type 22. That type of fire-cured to bacco known as Southern Fire-cured, Southern Smoked, or Kentucky Broadleaf, including fire-cured One-sucker of the Southern District; produced princi pally in a section east of the Tennessee River in southern Kentucky and north ern Tennessee. The term Eastern is frequently used locally in referring to this type.
Type 23. That type of fire-cured to bacco known as Western Fire-cured, or Western Smoked, including the fire-cured One-sucker of the Western District; pro duced principally in a section west of the Tennessee River in Kentucky, and ex tending into Tennessee.
Type 24. That type of fire-cured to bacco known as Northern Fire-cured, Northern Smoked, or Stemming, includ ing the fire-cured tobacco of the Green River District; produced principally in the Madisonville area of Kentucky.
Undried. The condition of unfer mented tobacco which has not been airdried, or steamdried.
Uniformity. One of the elements of quality in tobacco having reference to the consistency of a lot with respect to other elements of quality or color. The follow ing are the specifications for the several degrees of uniformity showing for each degree the percentage of a lot that may be of a distinctly differen t group, quality, or color from the run of the lot; a Uni form, less than 5% ; b Harmonizing, less than 10%; c Unmingled, less than 20% ; d Mingled or Unmixed, less than 30% and e Mixed, over 30%. When uniformity with respect to quality is specified it also includes uniformity with respect to group, but when uniformity with respect to color only is specified it does not include uniformity with respect to group or quality.
Unsound. Damaged under 20%.
Unstemmed. A form of tobacco from which the stems or midribs have not been removed, including both whole-leaf and leaf-scrap.

Variegated. Having a diversity of con trasting colors or tints within a leaf;
including leaves which are grey, mottled, bleached, or stained; or leaves which do not blend with the normal colors of the type.

tion with the grades of other groups.
For this purpose, U. S. Tobacco Sizes shall be used.

Done at Washington, D. C. this 29th day of November 1939. Witness my hand and the seal of the Department of Agri 29.108 Rules. H ie application of culture.
these official standard grades shall be in seal
H. A. W allace, accordance with the following rules:
S ecretary o f Agriculture.
Rule 1. Each grade shall be treated as F. R. Doc. 39-4422; Filed, November 30, 1939;
a subdivision of a particular type and 11:36 a. m.j when the grade is stated in an inspection certificate, the type shall also be stated.
Rule 2. The determination of grade shall be based upon a thorough examina TITLE 9ANIMALS AND ANIMAL
tion of a lot of tobacco or an official PRODUCTS
sample of the lot.
R ule 3. In determining the grade of a CHAPTER I b u r e a u o f a n im a l INDUSTRY
lot of tobacco, the lot as a whole shall be considered, and minor irregularities B.A.I. Order 372
which do not affect over one percent of S ubchapter C I nterstate T ransporta the tobacco shall be overlooked.
tion of Animals and P oultry R ule 4. Unsound tobacco shall be treated as a subgrade by placing the spe PART 7 2 ---- TEXAS SPLEN ET IC FEVER IN
cial factor letter U after or above the CATTLE
grade mark. For example: if a lot of tobacco is unsound but otherwise meets Rule 1, Revision 38 T o Prevent th e S pread o f S plenetic or T ick F ever in the specifications of B4F, it shall be C attle graded B4F-U.
N ovember 29, 1939.
R ule 5. When a lot of tobacco, un mixed in color, is on the marginal line Sec.
between two colors so that there is a 72.2 Splenetic or tick fever in cattle in de scribed territory in Florida, Puerto question as to which is the predominant Rico, and Texas; prohibiting inter color, it shall be placed in the color with state movement of cattle.
which the tobacco best corresponds with 72.3 Area quarantined in Florida.
72.4 Area quarantined in Puerto Rico.
respect to body and maturity.
72.5 Area quarantined in Texas.
Rule 6. Any lot of tobacco shall be re 72.2 Splenetic or tick fev er in cattle garded as meeting the specifications of a certain grade when the tobacco is not in described territory in Florida, P uerto lower in any degree of quality than that Rico, an d T ex as; prohibiting in terstate stated in the specifications of such grade. m ovem ent o f cattle. Notice is hereby The degree of uniformity specified for a given that the contagious and infectious particular grade governs the percentage disease known as splenetic or tick fever of a lot which must meet the specifica exists in cattle in portions of the States tions with respect to other degrees of of Texas and Florida and the Territory of Puerto Rico. Therefore, those por quality.
R ule 7. Any lot of tobacco which tions of these States and Territory de clearly and fully meets the specifications scribed in sections 72.3 to 72.5, inclusive, of two or more grades shall be placed in are hereby quarantined, and the inter the highest one of such grades; but any state movement of cattle therefrom lot of tobacco which is on the marginal shall be made only in accordance with line between two or more grades so that the regulations of the Secretary of the grade cannot be determined by ap Agriculture for the prevention of the plying other rules, shall be placed in the spread of splenetic or tick fever in cat tle.2 This rule shall be construed in lowest grade in question.
R ule 8. The grade assigned to any lot connection with the said regulations of tobacco shall be a true representation and is subject to amendment or revision on statutory notice.
of the tobacco at the time of inspection 72.3 A rea quaran tined in Florida.
and certification thereof.
The following counties and portions of R ule 9. If, at any time, it is found that a lot of tobacco does not comply with counties are quarantined: Collier and Hendry; that portion of Osceola County the description and specifications of the lying east and north of State Roads 29
grade previously assigned, it shall not and 24; and that portion of Orange thereafter be represented as being of such County lying east of U. S. Highways Nos.
grade.
17 and 92.
R ule 10. Any special factor symbol, approved for the purpose by the Agricul Secs. 72.2 to 72.5, inclusive, issued under tural Marketing Service, may be used the authority contained in sec. 6, 23 Stat. 32, after or above a grade mark to show a secs. 1, 3, 33 Stat. 1264, 1265, sec. 1, 44 Stat.
21 U.S.C. 115, 123, 125.
peculiar side or characteristic of the 774;
1 Supersedes B.A.I. Order 369 3 F.R. 2729
tobacco.
D I. The numbering of the parts and sec Rule 11. Length shall be stated in con tions of B.AJ. Orders conforms to the num bering in title 9, chapter 1, of The Code of nection with each grade of the A, B, and Federal Regulations.
C groups, and may be stated in connec 2 9 CFR parts 71, 72.