Federal Register - May 22, 1958
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Source: Federal Register
FEDERAL REGISTER
Thursday, M ay 22, 1958
CODIFICATION GUIDE Con.
Title 32A
Chapter I ODM:
DMS 1-21 ______
Title 43
Chapter I:
Appendix Public land orders:
1637________
PaSe
3529
3514
1958 C. C. C. Wheat Bulletin A, and any amendments thereto. Executors, admin istrators, trustees, or receivers who rep resent an eligible producer or his estate may qualify for price support provided the loan or purchase agreement docu ments executed by them are legally valid.
Two or more eligible producers may obtain a joint loan on eligible wheat har vested by them if stored in the same farm-storage facility. In the case of joint loans, each person signing the note shall be held jointly and severally re sponsible for the loan. Warehouse-stor age loans may be made to a warehouse man who tenders to CCC warehouse receipts issued by him on grain produced by him only in those States where the issuance and pledge of such warehouse receipts are valid under State law.
Where the county office has experienced difficulties in settling farm-storage loans with a producer the county committee shall determine that he is not eligible for a farm-storage loan. He shall be eligi ble, however, to obtain a warehousestorage loan or sign a purchase agree ment.
421.3038 Eligible wheat. Wheat to be eligible for price support, must meet all the applicable requirements set forth in this section.
a The wheat must have been pro duced in the continental United States in 1958 by an eligible producer.
b At the time the wheat is placed under loan or delivered under a purchase agreement:
1 The beneficial interest in the wheat must be in the eligible producer tender ing the wheat for loan or for delivery under a purchase agreement, and must always have been in him, or must have been in him and a former producer whom he succeeded before the wheat was har vested. Any producer who is in doubt as to whether his interest in the commodity complies with the requirements of this subpart should make available to the county committee all pertinent informa tion, prior to filing an application, which will permit a determination to be made by CCC as to his eligibility for price support.
2 To meet the requirements of suc cession to a former producer, the rights, responsibilities, and interest of the for mer producer with respect to the farming unit on which the wheat was produced shall have been substantially assumed by the producer claiming succession. Mere Purchase of the crop prior to harvest, without acquisition of any additional in terest in the farming unit, shall not con stitute succession. The county com mittee shall determine whether the requirements with respect to succession have been met.
3487
421.3039 W a r e h o u s e receipts.
c Wheat, at the time it is placed under loan, and wheat under purchase Warehouse receipts, representing wheat agreement which is in approved ware in approved warehouse storage to be house storage prior to notification by the placed under loan or delivered under a producer of his intention to sell to CCC, purchase agreement, must meet the fol must meet the following requirements: lowing requirements of this section:
a Warehouse receipts must be is 1 The wheat must be i wheat of any class grading No. 3 or better; ii sued in the name of the producer, must be wheat of any class grading No. 4 or 5 on properly endorsed in blank so as to vest the factor of test weight and/or be title in the holder, must indicate that cause of containing Durum and/or the wheat is insured, and must be re Red Durum but otherwise grading No. ceipts issued by a warehouse approved 3 or better; or iii wheat of the class by CCC under the Uniform Grain Stor Mixed wheat, consisting of mixtures of age Agreement or must be receipts issued grades of eligible wheat as stated in sub on warehouses operated by Eastern division i or ii of this subparagraph common carriers under tariffs approved provided such mixtures are the natural by the Interstate Commerce Commis sion for which custodian agreements are products of the field.
2 Wheat grading Tough, Weevily, in effect.
Ergoty, or Treated, shall not be eligible, b 1 Each warehouse receipt or the except that wheat represented by ware warehousemans supplemental certifi house receipts grading Tough will be cate in duplicate properly identified eligible if the warehouseman certifies on with the warehouse receipt must show:
the supplemental certificate or on a CD Gross weight or bushels, ii class statement attached to the warehouse re and subclass, iii grade including ceipt substantially as follows: On wheat special grades, iv test weight, grading Tough delivery will be made of v dockage, vi protein content the same country-run quality, quantity, where determined by protein analy grade and protein if any, not tough, sis or station averageactual an and no lien for processing will be claimed alysis and not station average shall be by the warehouseman from Commodity used if protein analysis has been made, Credit Corporation or any subsequent vii any other grading factors when holder of said warehouse receipt.
such factors and not test weight, de 3 Except as provided in subpara termine the grade, and viii whether graph 2 of this paragraph with re the wheatarrived by rail, truck or spect to wheat grading Tough, wheat barge. In the case of wheat delivered of the class hard red spring, durum, or by rail or barge, the grading factors, red durum, shall not contain more than classes and subclasses, and protein con 14% percent moisture, and wheat of any tent where determined by protein other class shall not contain more than analysis on the warehouse receipt must 14 perceilt moisture.
agree with the inbound inspection and 4 If offered as security for a farmprotein certificates for the car or barge storage loan, the wheat must have been if such certificates are issued.
stored in the granary at least 30 days 2 If the warehouseman has fur prior to its inspection for measurement, nished a statement as provided in sampling, and sealing, unless otherwise 421.3038 c 2, the supplemental cer approved by the State committee.
tificate must show the numerical grade d Sanitation requirements: T h e and the grading factors of the wheat to sanitation requirements prescribed here be delivered. Where the grade and in apply to wheat when placed under grading factors shown on the supple loan, wheat in approved warehouse mental certificate do not agree with the storage prior to notification by the pro warehouse receipt, the factors shown on ducer of his intention to sell to CCC the supplemental certificate shall take under a purchase agreement, and wheat precedence.
when delivered under loan or purchase c In the case of wheat delivered agreement. Such wheat 1 must not by rail or barge, the protein content, as contain one or more rodent pellets, or determined by a recognized protein test comparable amounts of other filth, per ing laboratory, must be shown on each pint of wheat liquid measure, nor 1 warehouse receipt or supplemental cer percent or more by weight of kernels tificate accompanying the warehouse visibly damaged by weevils or other in receipt representing wheat of the sects, and 2 must not contain mercurial classes hard red spring and hard red compounds or other substances poison winter and the varieties Baart and Bluestem of the subclass hard white wheat, ous to man or animals.
e Except as otherwise provided in except that protein content need not be 421.3045 a, wheat under purchase shown for the subclasses hard winter agreement stored op other than approved and yellow hard winter produced in warehouse storage, shall not be eligible States or areas tributary to markets for sale to CCC if it does not meet the where a showing of protein content is requirements of paragraphs c 1, 2, not customarily required.
d A separate warehouse receipt 3 and d of this section on the basis of a predelivery inspection performed by must be submitted for each grade and a representative of the county commit subclass of wheat.
e The warehouse receipt may be tee, unless the producer complies with the conditions specified in 421.3045 a subject to liens for warehouse charges and the wheat on the basis of the in only to the extent indicated in 421.3044.
f Warehouse receipts representing spection made at the time of delivery meets the requirements set forth in para wheat which has been shipped by rail graphs c 1, 2, 3 and d of this or water from a country shipping point section.
to a designated terminal point, or