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§ 29.109 7 CFR Ch.

I (1–1–98 Edition)

shall be issued for each lot of tobacco characteristics of tobacco. No tobacco

inspected or weighed, except when a shall be inspected or sampled for the
certificate covering two or more lots is purposes of the Act in the direct rays
specifically authorized by the Director. of the sun or by any artificial light
In case of a lost or destroyed certifi- which does not permit the inspector
cate, a duplicate thereof may be issued correctly to determine the grade or
under the same number, date, and other characteristics of tobacco.
name by an authorized supervising offi-
cial. Any such duplicate certificate § 29.113 Suspension and termination.
shall be plainly marked ‘‘Duplicate’’ The license of an inspector, sampler,
above the signature of the supervising or weigher may be suspended, pending
official who issued it. final action by the Secretary, by any
official authorized to countersign li-
§ 29.109 Inspection determinations.
censes whenever he considers such ac-
The determination of type, grade, tion to be for the best interest of the
size, form, condition, or other tobacco service. The designation of an appeal
characteristics shall be based upon a inspector may be withdrawn at any
thorough examination of the lot of to- time by the Division. Before the li-
bacco to be certificated or an official cense of an inspector, sampler, or
sample of such lot. The certification of weigher is terminated or revoked pur-
a lot of tobacco shall be a true rep- suant to the Act and the regulations in
resentation of the lot, or of the official this subpart, such appointee or licensee
sample, at the time of inspection. shall be furnished by the Secretary, or
his designated representative, with a
§ 29.110 Method of sampling.
written statement specifying the
In sampling tobacco under the Act, charges, and within 7 days after his
at least three breaks shall be made at suspension, the licensee may file an ap-
different points in the lot, and in the peal in writing with the Secretary sup-
discretion of the sampler as many more ported by any evidence he may wish to
breaks shall be made as seem necessary offer in connection therewith.
to show the range of the entire lot.
From the breaks so made tobacco to be FEES AND CHARGES
used in the official sample shall be se-
lected. The official shall, so far as prac- § 29.123 Fees and charges.
ticable, include tobacco of each qual- Fees and charges for tobacco inspec-
ity, color, length, and other character- tion and certification service shall be
istics found in the lot in such propor- collected by the Director to cover, in-
tions as would truly represent the lot. sofar as practicable, all costs of the
In case a lot is found to be damaged, services, including establishment of
nested, or in doubtful keeping order, standards, administrative, and super-
the official sample tag shall be so visory costs, as follows:
marked. Official sample tags shall be (a) Mandatory inspection. The inspec-
attached to the sample, in a manner tion and certification fee is $.0083 per
prescribed by the Director. pound. The fee shall be paid by sellers
of tobacco at auction and assessed
§ 29.111 Weight determinations. against the warehouse irrespective of
Daily before weighing any tobacco ownership or interest in the tobacco.
for the purposes of the Act, a weigher When the warehouse pays the Depart-
shall verify the accuracy of the scales ment, it is presumed the fee was col-
to be used by him. Except as may be lected from the seller. Inspection and
otherwise specified by the Director, all related services shall be suspended or
weights certificated shall be within an denied if the warehouse operator fails
accuracy of 1 pound. to pay the fees and charges imposed
under this section. The fee shall be
§ 29.112 Proper light. based on total poundage of tobacco in-
Tobacco shall not be inspected or spected and sold at auction during each
sampled for the purposes of the Act ex- calendar month. The fee shall be due
cept when displayed in proper light for and payable on the first day of the im-
correct determination of grade or other mediately following month and on the