--- kind: "range" citation: "7 C.F.R. §§ 29.3501–29.3686" title: "7" from: "29.3501" to: "29.3686" count: 106 url: "https://uscodex.org/cfr/7/29.3501..29.3686" --- # §29.3501. Definitions. As used in [§§ 29.3501 to 29.3686](/cfr/7/29.3501..29.3686.md), the words and phrases hereinafter defined shall have the indicated meanings so assigned. # §29.3502. Air-cured. Tobacco cured under natural atmospheric conditions without the use of fire, except for the purpose of preventing pole-burn in damp weather. # §29.3503. Air-dried. The condition of unfermented tobacco as customarily prepared for storage under natural atmospheric conditions. # §29.3504. Body. The thickness and density of a leaf or the weight per unit of surface. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3505. Brown colors. A group of colors ranging from a light brown to a dark brown. These colors vary from medium to low saturation and from medium to very low brillance. As used in these standards, the colors are expressed as light brown (L), medium brown (F), reddish brown (R), and dark brown (D). # §29.3506. Class. A major division of tobacco based on method of cure or principal usage. # §29.3507. Clean. Tobacco is described as clean when it contains only a normal amount of sand or soil particles. Leaves grown on the lower portion of the stalk normally contain more dirt or sand than those from higher stalk positions. (See [Rule 4](/cfr/7/4.md), [§ 29.3605](/cfr/7/29.3605.md).) # §29.3508. Color. The third factor of a grade based on the relative hues, saturations or chromas, and color values common to the type. # §29.3509. Color intensity. The varying degree of saturation or chroma. Color intensity as applied to tobacco describes the strength or weakness of a specific color or hue. It is applicable to all colors except green. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3510. Color symbols. As applied to Dark Air-cured tobacco, color symbols are L—light brown, F—medium brown, R—reddish brown, D—dark brown, M—mixed, and G—green. # §29.3511. Condition. The state of tobacco which results from the method of preparation or from the degree of fermentation. Words used to describe the condition of tobacco are: Undried, air-dried, steam-dried, sweating, sweated, and aged. # §29.3512. Crude. A subdegree of maturity. Crude leaves are usually hard and slick as a result of extreme immaturity. A similar condition may result from firekill, sunburn, or sunscald. Any leaf which is crude to the extent of 20 percent or more of its leaf surface may be described as crude. (See [Rule 20](/cfr/7/20.md), [§ 29.3621](/cfr/7/29.3621.md).) # §29.3513. Cured. Tobacco dried of its sap by either natural or artificial processes. # §29.3514. Damage. The effect of mold, must, rot, black rot, or other fungus or bacterial diseases which attack tobacco in its cured state. Tobacco having the odor of mold, must, or rot is considered damaged. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3515. Dirty. The state of tobacco containing an abnormal amount of dirt or sand, or tobacco to which additional quantities of dirt or sand have been added. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3516. Elasticity. The flexible, springy nature of the tobacco leaf to recover approximately its original size and shape after it has been stretched. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3517. Finish. The reflectance factor in color perception. Finish indicates the sheen or shine of the surface of a tobacco leaf. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3518. Foreign matter. Any extraneous substance or material such as stalks, suckers, straw, strings, and rubber bands. Abnormal amounts of dirt or sand are also included. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3519. Form. The stage of preparation of tobacco such as unstemmed or stemmed. # §29.3520. Grade. A subdivision of a type according to group, quality, and color. # §29.3521. Grademark. A grademark normally consists of three symbols which indicate group, quality, and color. A letter is used to indicate group, a number to indicate quality, and a letter or letters to indicate color. For example, B3D means Heavy Leaf, third quality, and dark-brown color. # §29.3522. Green (G). A term applied to green-colored, immature, or crude tobacco. Any leaf which has a green color affecting 20 percent or more of its leaf surface may be described as green. (See [Rule 19](/cfr/7/19.md), [§ 29.3620](/cfr/7/29.3620.md).) # §29.3523. Group. A division of a type covering closely related grades based on certain characteristics which are related to stalk position, body, or the general quality of the tobacco. Groups in Dark Air-cured types are: Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), and Scrap (S). # §29.3524. Injury. Hurt or impairment from any cause except the fungus or bacterial diseases which attack tobacco in its cured state. (See definition of Damage, [§ 29.3514](/cfr/7/29.3514.md).) Injury to tobacco may be caused by field diseases, insects, or weather conditions; insecticides, fungicides, or cell growth inhibitors; nutritional deficiencies or cesses; or improper fertilizing, harvesting, curing, or handling. Injured tobacco includes dead, burned, hail-cut torn, broken, frostbitten, sunburned, sunscalded, scorched, fire-killed, bulk-burnt, steam-burnt, house-burnt bleached, bruised, discolored, or deformed leaves; or tobacco affected by wildfire rust, frogeye, mosaic, root rot, wilt, black shank, or other diseases. (See [Rule 15](/cfr/7/15.md), [§ 29.3616](/cfr/7/29.3616.md).) # §29.3525. Leaf. Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, shall describe the divided unit of a whole leaf. # §29.3526. Leaf scrap. A byproduct of unstemmed tobacco Leaf scrap results from handling unstemmed tobacco and consists of loose and tangled whole or broken leaves. # §29.3527. Leaf structure. The cell development of a leaf as indicated by its porosity. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3528. Leaf surface. The roughness or smoothness of the web or lamina of a tobacco leaf. Leaf surface is affected to some extent by the size and shrinkage of the veins or fibers (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3529. Length. The linear measurement of cured tobacco leaves from the butt of the midrib to the extreme tip. (See Standard Tobacco Sizes, [§ 29.3591](/cfr/7/29.3591.md).) # §29.3530. Lot. A pile, basket, bulk, or more than one bale, case, hogshead, tierce, package, or other definite package unit. # §29.3531. Maturity. The degree of ripeness. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md), and [Rule 16](/cfr/7/16.md), [§ 29.3617](/cfr/7/29.3617.md).) # §29.3532. Mixed (M). Variegated or distinctly different colors of the type mingled together. (See [Rules 17](/cfr/7/17.md), [§ 29.3618](/cfr/7/29.3618.md); 18, [§ 29.3619](/cfr/7/29.3619.md).) # §29.3533. Nested. Any lot of Types 35, 36 and 37 tobacco which has been loaded, packed, or arranged to conceal foreign matter or tobacco of inferior grade, quality, or condition. Nested includes: - (a) Any lot of tobacco which contains foreign matter or damaged, injured, tangled, or other inferior tobacco, any of which cannot be readily detected upon inspection because of the way the lot is packed or arranged; (b) any lot of tied tobacco which contains foreign matter in the inner portions of the hands or which contains foreign matter in the heads under the tie leaves; (c) any lot of tied tobacco in which the leaves on the outside of the hands are placed or arranged to conceal inferior quality leaves on the inside of the hands or which contains wet tobacco or tobacco of lower quality in the heads under the tie leaves; and (d) any lot of tobacco which consists of distinctly different grades, qualities, or conditions and which is stacked or arranged in layers with the same kinds together so that the tobacco in the lower layer or layers is distinctly inferior in grade, quality, or condition from the tobacco in the top or upper layers. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3534. No grade. A designation applied to a lot of tobacco classified as nested, offtype, rework, or semicured; tobacco that is damaged 20 percent or more, abnormally dirty, extremely wet or watered, contains foreign matter, or has an odor foreign to the type. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3535. Offtype. Tobacco of distinctly different characteristics which cannot be classified as Dark Air-cured, U.S. Type 35, 36, 37, or Foreign Type 95. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3536. Order (case). The state of tobacco with respect to its moisture content. # §29.3537. Package. A hogshead, tierce, case, bale, or other securely enclosed parcel or bundle. # §29.3538. Packing. A lot of tobacco consisting of a number of packages submitted as one definite unit for sampling or inspecting. It is represented to contain the same kind of tobacco and has a common identification number or mark on each package. # §29.3539. Quality. A division of a group or the second factor of a grade based on the relative degree of one or more elements of quality in tobacco. # §29.3540. Raw. Freshly harvested tobacco or tobacco as it appears between the time of harvesting and the beginning of the curing process. # §29.3541. Resweated. The condition of tobacco which has passed through a second fermentation under abnormally high temperatures or refermented with a relatively high percentage of moisture. Resweated includes tobacco which has been dipped or reconditioned after its first fermentation and put through a forced or artificial sweat. # §29.3542. Rework. Any lot of Types 35, 36, and 37 tobacco which needs to be resorted or otherwise reworked to prepare it properly for market in the manner which is customary in the type area, including: - (a) Tobacco which is so mixed that it cannot be classified properly in any grade of the type, because the lot contains a substantial quantity of two or more distinctly different grades which should be separated by sorting; - (b) Tobacco which contains an abnormally large quantity of foreign matter or an unusual number of muddy or extremely dirty leaves which should be removed; and - (c) Tobacco not tied in hands, not packed straight, not properly tied, or otherwise not properly prepared for market. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3543. Semicured. Tobacco in the process of being cured or which is partially but not thoroughly cured. Semicured includes tobacco which contains fat stems, wet butts, swelled stems, frozen tobacco, and tobacco having frozen stems or stems that have not been thoroughly dried in the curing process. (See [Rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3544. Side. A certain phase of quality, color, or length as contrasted with some other phase of quality, color, or length; or any peculiar characteristic of tobacco. # §29.3545. Size. The length of tobacco leaves. Size does not apply to tobacco in strip form. (See Standard Tobacco Sizes [§ 29.3591](/cfr/7/29.3591.md).) # §29.3546. Sound. Free of damage. # §29.3547. Special factor. A symbol or term authorized to designate a peculiar side or characteristic which tends to modify a grade. (See [Rules 21](/cfr/7/21.md), [§ 29.3622](/cfr/7/29.3622.md); 22, [§ 29.3623](/cfr/7/29.3623.md); 23, [§ 29.3624](/cfr/7/29.3624.md).) # §29.3548. Steam-dried. The condition of unfermented tobacco as customarily prepared for storage by means of a redrying machine or other steam-conditioning equipment. # §29.3549. Stem. The midrib or large central vein of a tobacco leaf. # §29.3550. Stemmed. A form of tobacco, including strips and strip scrap, from which the stems or midribs have been removed. # §29.3551. Strips. The sides of a tobacco leaf from which the stem has been removed or a lot of tobacco composed of strips. # §29.3552. Subgrade. Any grade modified by a special factor symbol. # §29.3553. Sweated. The condition of tobacco which has passed through one or more fermentations natural to tobacco packed with a normal percentage of moisture. This condition is sometimes described as aged. # §29.3554. Sweating. The condition of tobacco in the process of fermentation. # §29.3555. Tobacco. Tobacco as it appears between the time it is cured and stripped from the stalk, or primed and cured, and the time it enters into the different manufacturing processes. The acts of stemming, threshing, sweating, and conditioning are not regarded as manufacturing processes. Tobacco, as used in these standards, does not include manufactured or semimanufactured products, stems, cuttings, clippings, trimmings, siftings, or dust. # §29.3556. Tobacco products. Manufactured tobacco, including cigarettes, cigars, smoking tobacco, chewing tobacco, and snuff, which is subject to Internal Revenue tax. # §29.3557. 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 is classified as one type, regardless of any factors of historical or geographical nature which cannot be determined by an examination of the tobacco. # §29.3558. Type 35. That type of air-cured tobacco commonly known as One Sucker Air-cured, Kentucky-Tennessee-Indiana One Sucker, or Dark Air-cured One Sucker, including the upper Cumberland District One Sucker, and produced principally in northern Tennessee, south central Kentucky, and southern Indiana. # §29.3559. Type 36. That type of air-cured tobacco commonly known as Green River, Green River Air-cured, or Dark Air-cured of the Henderson and Owensboro Districts, and produced principally in the Green River section of Kentucky. # §29.3560. Type 37. That type of air-cured or sun-cured tobacco commonly known as Virginia Sun-cured, Virginia Sun and Air-cured, or Dark Air-cured of Virginia, and produced principally in the central section of Virginia north of the James River. # §29.3561. Type 95. That type of air-cured tobacco commonly known as Foreign-grown Dark Air-cured produced in countries other than the United States. # §29.3562. Undried. The condition of unfermented tobacco which has not been air-dried or steam-dried. # §29.3563. Uniformity. An element of quality which describes the consistency of a lot of tobacco as it is prepared for market. Uniformity is expressed in grade specifications as a percentage. The percentage is applicable to group, quality, and color. (See [Rule 14](/cfr/7/14.md), [§ 29.3615](/cfr/7/29.3615.md).) # §29.3564. Unsound (U). Damaged under 20 percent. (See [Rule 21](/cfr/7/21.md), [§ 29.3622](/cfr/7/29.3622.md).) # §29.3565. Unstemmed. A form of tobacco, including whole leaf and leaf scrap, from which the stems or midribs have not been removed. # §29.3566. Variegated. Any leaf of which 20 percent or more of its leaf surface is off brown, grayish, mottled, or bleached and does not blend with the normal colors of the type. (See [Rules 17](/cfr/7/17.md), [§ 29.3618](/cfr/7/29.3618.md); 18, [§ 29.3619](/cfr/7/29.3619.md).) # §29.3567. Wet (W). Any sound tobacco containing excessive moisture to the extent that it is in unsafe- or doubtful-keeping order. Wet applies to any tobacco which is not damaged but which is likely to damage if treated in the customary manner. (See [Rule 22](/cfr/7/22.md), [§ 29.3623](/cfr/7/29.3623.md).) (For extremely wet or watered tobacco, see [rule 24](/cfr/7/24.md), [§ 29.3625](/cfr/7/29.3625.md).) # §29.3568. Width. The relative breadth of a tobacco leaf expressed in relation to its length. Width, as an element of quality, does not apply to tobacco in strip form. (See Elements of Quality, [§ 29.3586](/cfr/7/29.3586.md).) # §29.3586. Elements of quality and degrees of each element. These standardized words or terms are used to describe tobacco quality and to assist in interpreting grade specifications. Tobacco attributes or characteristics which constitute quality are designated as elements of quality. The range within each element is expressed by the use of words or terms designated as degrees. These several degrees are arranged to show their relative value, but the actual value of each degree varies with type, group, and grade. # §29.3591. Standard tobacco sizes. 1 # §29.3601. Rules. The application of [§§ 29.3501 to 29.3568](/cfr/7/29.3501..29.3568.md), [§ 29.3591](/cfr/7/29.3591.md), [§§ 29.3646 to 29.3648](/cfr/7/29.3646..29.3648.md), §§ [29.3650 to 29.3652](/cfr/7/29.3650..29.3652.md) and [29.3681](/cfr/7/29.3681.md) shall be in accordance with the following rules. # §29.3602. Rule 1. Each grade shall be treated as a subdivision of a particular type. When the grade is stated in an inspection certificate, the type also shall be stated. # §29.3603. Rule 2. The determination of a grade shall be based upon a thorough examination of a lot of tobacco or of an official sample of the lot. # §29.3604. Rule 3. In drawing an official sample from a hogshead or other package of tobacco, three or more breaks shall be made at such points and in such manner as the inspector or sampler may find necessary to determine the kinds of tobacco and the percentage of each kind contained in the lot. All breaks shall be made so that the tobacco contained in the center of the package is visible to the sampler. Tobacco shall be drawn from at least three breaks from which a representative sample shall be selected. The sample shall include tobacco of each different group, quality, color, length, and kind found in the lot in proportion to the quantities of each contained in the lot. # §29.3605. Rule 4. All standard grades must be clean. # §29.3606. Rule 5. The grade assigned to any lot of tobacco shall be a true representation of the tobacco at the time of inspection and certification. If, at any time, it is found that a lot of tobacco does not comply with the specifications of the grade previously assigned it shall not thereafter be represented as such grade. # §29.3607. Rule 6. A lot of tobacco on the marginal line between two colors shall be placed in the color with which it best corresponds with respect to body or other associated elements of quality. # §29.3608. Rule 7. Any lot of tobacco which meets the specifications of two grades shall be placed in the higher grade. Any lot of tobacco on the marginal line between two grades shall be placed in the lower grade. # §29.3609. Rule 8. A lot of tobacco meets the specifications of a grade when it is not lower in any degree of any element of quality than the minimum specifications of such grade. # §29.3610. Rule 9. In determining the grade of a lot of tobacco, the lot as a whole shall be considered. Minor irregularities which do not affect over one percent of the tobacco shall be overlooked. # §29.3611. Rule 10. Any special factor approved by the Director of the Tobacco Division, Agricultural Marketing Service, may be used to show a peculiar side or characteristic of the tobacco which tends to modify the grade. # §29.3612. Rule 11. Interpretations, the use of specifications, and the meaning of the terms shall be in accordance with determinations or clarifications made by the Chief of the Standards and Testing Branch and approved by the Director. # §29.3613. Rule 12. The use of any grade may be restricted by the Director during any marketing season, when it is found that the grade is not needed or appears in insufficient volume to justify its use. # §29.3614. Rule 13. Length shall be stated in connection with each grade of the A, B, and C groups, except strip grades, and may be stated in connection with grades of other groups. For this purpose, the standard tobacco sizes shall be used. (See Applicable Standard Sizes, [§ 29.3681](/cfr/7/29.3681.md).) # §29.3615. Rule 14. Degrees of uniformity shall be expressed in terms of percentages. The percentages shall govern the portion of a lot which must meet the specifications of the grade. The minor portion must be closely related but may be of a different group, quality, and color from the major portion. These percentages shall not affect limitations established by other rules. # §29.3616. Rule 15. The application of injury as an element of quality shall be expressed in terms of a percentage of tolerance. The appraisal of injury shall be based upon the percentage of affected leaf surface or the degree of injury. In appraising injury, consideration shall be given to the normal characteristics of the group as related to injury. # §29.3617. Rule 16. Normal injury associated with ripeness shall be excluded from injury tolerance except when such injury is considered detrimental to the quality of the tobacco. # §29.3618. Rule 17. Any lot of tobacco which is not green but contains over 30 percent of variegated leaves shall be described as “variegated” and designated by the color symbol “M.” Variegated leaves may be included in any group to the following extent: In the third quality, 10 percent; in the fourth quality, 20 percent; and in the fifth quality, 30 percent. # §29.3619. Rule 18. Any lot of tobacco of the B, C, or X groups shall be classified as “mixed” and designated by the color symbol “M” when it is not green but contains (a) over 30 percent of colors distinctly different from the major color or (b) over 30 percent of a combination of variegated and colors distinctly different from the major color mingled together. # §29.3620. Rule 19. Any lot of tobacco containing 20 percent or more of green leaves or any lot which is not crude but contains 20 percent or more of green and crude combined shall be designated by the color symbol “G.” # §29.3621. Rule 20. Crude leaves shall not be included in any grade of any color except the fourth and fifth qualities of the B, C, and X groups in green color. Any lot containing 20 percent or more of crude leaves shall be designated as Nondescript. # §29.3622. Rule 21. Tobacco damaged under 20 percent but which otherwise meets the specifications of a grade shall be treated as a subgrade by placing the special factor “U” after the grademark. Tobacco damaged 20 percent or more shall be designated “No-G.” # §29.3623. Rule 22. Sound tobacco that is wet or in doubtful-keeping order but which otherwise meets the specifications of a grade shall be treated as a subgrade by placing the special factor “W” after the grademark. This special factor does not apply to tobacco designated “No-G.” # §29.3624. Rule 23. Special factors “BH” (big heads) and “BL” (broad leaf) shall be used as follows: “BH” in types 35 and 36 to designate tobacco tied in extremely big hands and “BL” in type 35 to designate broad leaf tobacco. # §29.3625. Rule 24. Tobacco shall be designated as No Grade, using the grademark “No-G,” when it is dirty, nested, offtype, semicured, damaged 20 percent or more, extremely wet or watered, or when it needs to be reworked, contains foreign matter, or has an odor foreign to the type. # §29.3626. Rule 25. Tobacco in strip form which otherwise meets the specifications of a grade shall be treated as a subgrade by placing the special factor “S” preceding the grademark. # §29.3646. Wrappers (A Group). This group consists of leaves from the Heavy Leaf and the Thin Leaf groups. Cured leaves of the A group are very elastic, have small- to medium-sized and blending fibers, and show a low percentage of injury affecting wrapper yield. # §29.3647. Heavy Leaf (B Group). This group consists of leaves which are medium to heavy in body and show little or no ground injury. # §29.3648. Thin Leaf (C Group). This group consists of leaves that are thin to medium in body and show little or no ground injury. # §29.3649. Reserved # §29.3650. Lugs (X Group). This group consists of leaves that normally grow on the lower portions of the stalk. Leaves of the X group usually have a high degree of maturity and show ground and other injury characteristic of the group. # §29.3651. Nondescript (N Group). Extremely common tobacco which does not meet the minimum specifications or which exceeds the tolerance of the lower grade of any other group except Scrap. # §29.3652. Scrap (S Group). A byproduct of stemmed and unstemmed tobacco. Scrap accumulates from handling tobacco in farm buildings, warehouses, packing and conditioning plants, and stemmeries. # §29.3676. Summary of standard grades. # §29.3681. Applicable standard sizes. # §29.3686. Key to standard grademarks.