International Seed Testing Association (ISTA) procedures.

§ 75.37 Submitted samples.

Submitted samples may be obtained by or for any interested person. (Instructions for sampling seed may be obtained upon request to the Director or the Federal Seed Laboratory.)

§ 75.38 Lot inspections.

Each lot inspection shall be made on the basis of a representative sample obtained from that lot of seed by a licensed inspector or an authorized employee of the Department. Each lot of seed which is offered for lot inspection shall be sealed at the time of sampling in accordance with methods and procedures of the Association of Official Seed Analysts (AOSA) or the International Seed Testing Association (ISTA).

§ 75.39 Use of file samples.

(a) File samples which are retained by inspection personnel in accordance with the regulations may be deemed representative for appeal inspections: Provided, that (1) the samples have remained in the custody of the inspection personnel who certificated the inspection; and (2) the inspection personnel who performed the inspection and the inspection personnel who are to perform the appeal inspection determine that the sample was representative of the seed at the time of the inspection and that the quality or condition of the seed in the sample and in the lot has not changed since the time of the inspection.

(b) Upon request of the applicant, and if practicable, a new sample may be obtained and examined as a part of an appeal inspection.

§ 75.40 Protecting samples.

Inspection personnel shall protect each sample from manipulation, substitution, and improper or careless handling which would deprive the sample of its representative character from the time of collection until the inspection is completed and the file sample has been discarded.

§ 75.42 Sampling and sealing.

(a) Fees for inspection services provided by licensed inspectors may be charged by States participating in the program at rates established by the individual States.

(b) When onsite inspection services are performed by Federal employees at the request of the applicant:

(1) Fees for onsite inspections for sampling and sealing shall include the time for actual sampling and sealing, standby at the service site, travel time and actual travel costs to and from the site, and a per diem charge if the employee performing the service is paid per diem in accordance with existing travel regulations as appear in Agricultural Travel Regulations, including the Federal Travel Regulations, DM 2300-1.

(2) Hourly rates shall begin when the inspector begins travel to the service site and end when the inspector arrives back at his official station or residence, computed to the nearest quarter hour, less meal time, if any.

(3) A 2-hour minimum shall be charged for each onsite inspection. § 75.43 Laboratory testing.

Fees for testing each sample shall include the time required for actual testing, preparation of test records, issuing the certificate, and filing of samples and documents, with:

(a) Charges billed at the hourly rate in increments of 15 minutes.

(b) A minimum fee of 1 hour per sample for testing shall be charged.

7 CFR Ch. 1 (1-1-90 Edition)

Subpart-Fresh Round White and Red Potatoes-Livestock Feed Diversion Program

80.50 General statement.

80.51

Administration.

80.52 Area.

80.53 Period of program.

80.54 Rate of payment.

80.55 Eligibility for payment.

80.56 Application and approval for partici

pation.

80.57 Performance bond.

80.58 Period of diversion.

80.59

Definition of diversion.

80.60 Diversion specifications.

80.61 Inspection and certificate of diversion.

80.62 Methods of utilization.

80.63 Claim for payment.

80.64 Compliance with program provisions. 80.65 Inspection of premises.

80.66 Records and accounts.

80.67 Set-off.

80.68 Joint payment or assignment.

80.69

80.70

Officials not to benefit.

Amendment and termination.

AUTHORITY: Sec. 32, 49 Stat. 774, as amended; 7 U.S.C. 612c.

SOURCE: 43 FR 54921, Nov. 24, 1978, unless otherwise noted. Redesignated at 46 FR 63203, Dec. 31, 1981.

EDITORIAL NOTE: Nomenclature changes to Part 80 appear at 46 FR 63203, Dec. 31, 1981.

Subpart-Fresh Irish PotatoesLivestock Feed Diversion Program

§ 80.1

General statement.

In order to encourage the domestic consumption of fresh Irish potatoes by diverting them from normal channels of trade and commerce, the Secretary of Agriculture, pursuant to the authority conferred by section 32 of Pub. L. 320, 74th Congress, as amended, offers to make payment for the diversion for use as livestock feed of 1978 crop potaotes produced and stored in certain Maine townships designated in § 80.3, subject to the terms and conditions set forth in this subpart. Information relating to this program and forms prescribed for use hereunder may be obtained from the following:

Fruit and Vegetable Quality Division, Agricultural Marketing Service, United States Department of Agriculture, Washington, D.C. 20250.

State of Maine Agricultural Stabilization and Conservation Committee.

Aroostook County Maine Agricultural Stabilization and Conservation Committee.

§ 80.2 Administration.

The program provided for in this subpart will be administered under the general direction and supervision of the Director, Fruit and Vegetable Quality Division, Agricultural Marketing Service, and in the field will be carried out by the Agricultural Stabilization and Conservation Service through the Maine Agricultural Stabilization and Conservation State Committee and the Aroostook County Agricultural Stabilization and Conservation County Committee, hereinafter referred to as the State and County Committees. The State Committee will authorize one or more employees to act as representatives of the United States Department of Agriculture, hereinafter referred to as USDA, to approve applications for participation. The State and County Committees or their authorized representatives do not have authority to modify or waive any of the provisions of this subpart or any amendments or supplements to this subpart.

§ 80.3 Area.

This program will be effective in the following Maine townships of Aroostook and Penobscot Counties:

AROOSTOOK COUNTY

Van Buren, Cyr, Hamlin, Frenchville, St. Agatha, New Canada, Grand Isle, Fort Kent, Winterville, Eagle Lake, Wallagrass, St. John, St. Francis, Silver Ridge, Township XVII, Range V, Madawaska, Moro, Merrill, Smyrna, Dyer Brook, Oakfield, Crystal, Island Falls, Sherman, Hersey, and Benedicta.

PENOBSCOT COUNTY

Patten and Stacyville.

Information with respect to the areas designated may be obtained from the offices listed in § 80.1.

§ 80.4 Period of program.

This program will be effective from the date of this announcement and continue for sixty days.

§ 80.5 Rate of payment.

The rate of payment per 100 pounds of potatoes which meet the requirements of Specification A as defined in § 80.11 and which are diverted as prescribed in § 80.10 will be two dollars and 20 cents per hundredweight from the inception of the program through a period of 30 days; and one dollar and seventy cents thereafter to termination of the program. No payment will be made for any fractional part of 100 pounds and such quantities shall be disregarded.

§ 80.6 Eligibility for payment.

Payments will be made under this program to any individual, partnership, association, or corporation located in the continental United States, (a) who executes and files an application for participation on the prescribed form, (b) who files a performance bond as provided in § 80.8, (c) whose application is approved, (d) who diverts fresh Irish potatoes produced and stored within the State of Maine townships listed in § 80.3 specified in the approved application, directly or through any other person or persons, (e) who files a claim as provided in § 80.14, and (f) who complies with all other terms and conditions contained in this subpart. The Director may prescribe and publish further conditions of eligibility when deemed desirable to assure that growers are the primary recipients of program benefits.

§ 80.7 Application and approval for participation.

Persons desiring to participate in this program must submit a written application on Form ASCS-117 "Application for Participation in Fresh Irish Potato Livestock Feed Diversion Program". Each applicant must submit a performance bond as provided in § 80.8. Applications and bonds should be submitted to the Aroostook, Maine County ASCS Office. Applications will be considered in the order received and in accordance with the availability

of funds. Applicants will be notified of the approval or nonapproval of their application. Approved applications may be modified or amended with the consent of the applicant and the duly authorized representative of the State Committee: Provided, That such modification or amendment shall not be in conflict with the provisions of this subpart or any amendment or supplements hereto. An approved applicant is hereinafter referred to as "the diverter".

§ 80.8 Performance bond.

Each applicant shall submit with his first application for participation a performance bond as further assurance that the potatoes diverted pursuant to this program will be used exclusively for feeding to livestock by methods prescribed in § 80.13. The bond shall be executed on Form ASCS-119, "Performance Bond", by the principal and two individual sureties, all of whom shall agree to indemnify USDA for any losses, claims, or payments made by USDA with respect to any quantity of such potatoes not used for livestock feed. USDA may disapprove any bond if for any reason any surety does not in the opinion of USDA afford USDA full protection and security.

§ 80.9 Period of diversion.

The potatoes in connection with which payments are to be made must be diverted (a) after the date of approval of the diverter's application, (b) within the time period specified in the approved application, and (c) in any event on or before the termination date of the program.

§ 80.10 Definition of diversion.

Diversion of potatoes for use as livestock feed as used herein means the initial processing of potatoes for feeding to livestock by cutting, chopping, slicing, gouging, crushing, or cooking to the degree that the general appearance of the lot as a whole has been damaged to such an extent that, in the opinion of the inspector, the potatoes are readily and obviously identifiable as having been initially processed and rendered unsuitable to enter into normal channels of trade and com

merce as potatoes. However, when the diverter is the feeder, ensiling or freezing can be methods of diversion.

§ 80.11 Diversion specifications.

Potatoes in connection with which payments will be made must meet the requirements of "Specification A", which is hereby defined as meaning "Field Run" or "Cellar Run" potatoes which are equal to or better than the quality requirements of the Maine Processing Grade, specified in circular 46, promulgated by the Maine Commissioner of Agriculture, dated November 1, 1971. For those potatoes which fail to meet the requirements of the Maine Processing Grade, payments will be based on the percentage of the potatoes meeting the grade requirements. Notwithstanding the above, after consultation with industry representatives, the Director may exclude from meeting the requirements of Specification A any additional grades and sizes which otherwise would meet the requirements of Specification A. Any such exclusion will be set forth in the application form for diversion authorization in the particular area to which it is applicable.

§ 80.12 Inspection and certificate of diversion.

Prior to diversion, the potatoes shall be inspected by an inspector authorized or licensed by the Secretary of Agriculture to inspect and certify the class, quality, and condition of fresh Irish potatoes. The diverter shall be responsible for requesting and arranging for inspection so that the inspector can be present to determine the proportion of potatoes in each lot which meet the quality requirements of Specification A. The inspector shall also verify the quantity of potatoes being diverted and that such potatoes have been diverted as defined in § 80.10. The diverter shall furnish such scale tickets, weighing facilities, or volume measurements as determined by the inspector to be necessary for ascertaining the net weight of the potatoes being diverted. The cost of inspecting, verifying the quantity, certifying that diversion has been performed, and issuing certificates there