7 C.F.R. §§ 61.25–61.42

§61.25. Application for license as sampler; form.

7 C.F.R. § 61.25

(a)

Applications for licenses to sample cottonseed shall be made to the Director on forms furnished for the purpose by him.

(b)

Each such application shall be in English, shall be signed by the applicant, and shall contain or be accompanied by (1) satisfactory evidence that he is an actual resident of the United States, (2) satisfactory evidence of his experience in the handling and sampling of cottonseed, (3) a statement by the applicant that he agrees to comply with and abide by the terms of the act and these regulations so far as they relate to him, and with instructions issued from time to time governing the sampling of cottonseed, and (4) such other information as may be required.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.27. Period of license; renewals.

7 C.F.R. § 61.27

The period for which a license may be issued under the regulations in §§ 61.25 through 61.42 shall be from the first day of August following receipt of the application, and shall continue for 5 years, ending on the 31st of July in the fifth year. Renewals shall be for 5 years also, beginning with the first day of August and ending on the 31st day of July in the fifth year: Provided, That licenses or renewals issued on and after June 1 of any year shall be for the period ending July 31 of the fifth year following.

Notes, amendments, and revision history

Amendments

[59 FR 26411, May 20, 1994]

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

Amendments

[59 FR 26411, May 20, 1994]

§61.30. Examination of sampler.

7 C.F.R. § 61.30

Each applicant for a license as a sampler and each licensed sampler whenever requested by an authorized representative of the Director, shall submit to an examination or test to show his ability properly to perform the duties for which he is applying for a license or for which he has been licensed, and each such applicant or licensee shall furnish the Division any information requested at any time in regard to his sampling of cottonseed.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.31. License must be posted.

7 C.F.R. § 61.31

Each licensed sampler shall keep his license conspicuously posted at the place where he functions as a sampler or in such other place as may be approved by the Director.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.32. No discrimination in sampling.

7 C.F.R. § 61.32

Each licensed sampler, when requested, shall without discrimination, as soon as practicable and upon reasonable terms, sample any cottonseed if the same be made available to him at his place of business, under conditions that will permit proper sampling. Each such licensee shall give preference to those who request his services as such over persons who request his services in any other capacity.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.33. Equipment of sampler; contents of certificate.

7 C.F.R. § 61.33

Each licensed sampler shall have available suitable triers or sampling tools, sample containers, scales, seed cleaners, seed mixers, and air-tight containers for enclosing and forwarding the official samples to licensed chemist, and with tags and samplers' certificates approved or furnished by the Director or his representative for identifying the samples of cottonseed and for certificating the condition of the cottonseed represented by such samples. There shall be clearly written or printed on the face of such certificate—

(a)

A suitable caption;

(b)

The location of the cottonseed involved and its point of origin;

(c)

The identification of the lot from which the sample was drawn;

(d)

The date on which the sample was drawn;

(e)

The gross weight of the original sample, and the net weight of the cleaned sample;

(f)

A statement indicating that the sample was drawn in accordance with sampling methods prescribed by the Director of the Cotton Division; and

(g)

The signature of the licensed sampler as such. The use of such tags and certificates shall be in conformity with instructions issued from time to time by the Division.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.34. Drawing and preparation of sample.

7 C.F.R. § 61.34

Each licensed cottonseed sampler shall draw, prepare, and identify one official sample of cottonseed and a duplicate thereof from each lot made available to him in such manner as may be required by the Director, and shall promptly prepare it for forwarding to a licensed cottonseed chemist for analysis and grading. The duplicate shall be sealed and retained by the sampler until the original official sample shall have been analyzed by a licensed chemist. If the original official sample shall become lost or destroyed before having been analyzed the duplicate shall become the official sample; otherwise the licensed sampler shall immediately remove the identification marks from the duplicate and discard it. In no case shall the duplicate be offered for analysis unless the original shall have been lost or destroyed before analysis.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.36. Cause for suspension or revocation.

7 C.F.R. § 61.36

The failure or refusal of any cottonseed sampled, duly licensed as such under the regulations in this subpart, to draw, prepare, identify, and to forward an official sample of every lot of cottonseed made available to him for the purpose, in accordance with these regulations, shall be cause for the suspension or revocation of his license. A sampler's license may also be suspended when the sampler (a) has ceased to perform services as a licensed cottonseed sampler, (b) has knowingly or carelessly sampled cottonseed improperly, (c) has violated or evaded any provision of the Act, these regulations, or the sampling methods prescribed by the Director, (d) has used his license or allowed it to be used for any fraudulent or improper purposes, or (e) has in any manner become incompetent or incapacitated to perform the duties of a licensed sampler.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.37. License may be suspended.

7 C.F.R. § 61.37

The Director may, without a hearing, suspend or revoke the license issued to a licensed sampler upon written request and a satisfactory statement of reasons therefor submitted by such licensed sampler. Pending final action by the Secretary, the Director may, whenever he deems such action necessary, suspend the license of any licensed sampler by giving notice of such suspension to the licensee, accompanied by a statement of the reasons therefor. Within 10 days after the receipt of the aforesaid notice and statement of reasons by such licensee, he may file an appeal, in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the expiration of the aforesaid 10-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 10 days, the license shall be automatically revoked.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.38. Suspended license to be returned to Division.

7 C.F.R. § 61.38

In case a license issued to a sampler is suspended or revoked such license shall be returned to the Division. At the expiration of any period of suspension of such license, unless in the meantime it be revoked, the dates of beginning and termination of such suspension shall be endorsed thereon, it shall be returned to the person to whom it was originally issued, and its shall be posted as prescribed in § 61.31.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.39. Duplicate license.

7 C.F.R. § 61.39

Upon satisfactory proof of the loss or destruction of a license issued to a sampler hereunder, a new license may be issued under the same or a new number.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.40. Reports of licensed samplers.

7 C.F.R. § 61.40

Each licensed sampler, when requested, shall make reports on forms furnished for the purpose by the Division bearing upon his activity as such licensee.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.41. Unlicensed persons must not represent themselves as licensed samplers.

7 C.F.R. § 61.41

No person shall in any way represent himself to be a sampler licensed under the act unless he holds an unsuspended and unrevoked license issued thereunder.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.

§61.42. Information on sampling to be kept confidential.

7 C.F.R. § 61.42

Every person licensed under the act as a sampler of cottonseed shall keep confidential all information secured by him relative to shipments of cottonseed sampled by him. He shall not disclose such information to any person except an authorized representative of the Department.

Notes, amendments, and revision history

Authority

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

Source

Source: 22 FR 10948, Dec. 28, 1957, unless otherwise noted.