As used in this subpart and in all instructions, forms, and documents in connection therewith, the words and phrases hereinafter defined shall have the indicated meanings so assigned.

Points approved by the Director at which tobacco is offered for marketing or shipment into commerce including tobacco auction warehouses, packing houses, prizeries, or places where tobacco is handled or stored.

The documentation of class or type, weight, or other tobacco characteristics as required in § 29.9263.

The assemblage of individual lots representing the season's production of each kind or type of tobacco produced on an individual farm.

The serial number assigned to an individual farm by the appropriate office of the Agricultural Stabilization and Conservation Service.

The examination by an inspector of a lot or crop-lot of tobacco to make determinations necessary for proper certification.

Permissive inspection consists of inspecting and certificating tobacco, upon the request of an interested party.

A pile, basket, bulk, package, or other definite unit.

A field office of the inspection service of the Tobacco Division.

The Director, Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, DC, 20250, is charged with the supervision of the Division and the performance of all duties assigned thereto in the administration of the act. The conduct of all services and the licensing or employment of inspection/grading/sampling personnel under these regulations shall be accomplished without discrimination as to race, color, creed, sex, or national origin. Information concerning such administration may be obtained from the Director.

Tobacco may be inspected and certified by class or type, upon request of an interested party, when the tobacco is displayed at an approved receiving station where the tobacco is accessible to the inspector.

Certification services for the tobacco shall be made when inspectors are available and such sales will not interfere with scheduled sales on designated auction markets.

Certification of tobacco may be requested by an interested party (applicant) by filing an application in accordance with §§ 29.9236 and 29.9237.

Application for certification by class or type of nonquota tobacco shall be made to the office of inspection, not less than 14 days before the date of requested certification. The application shall be in writing and signed by the applicant.

Application for inspection and certification of class or type of tobacco shall include the following information;

(a) The date of the application;

(b) The producer's certification of the type of the tobacco, the crop year when produced, and where produced;

(c) The name and post office address of the applicant;

(d) The financial interest of the applicant in the tobacco;

(e) The exact nature of the service desired;

(f) A statement that the tobacco is (1) in commerce, as defined in the act, or (2) entering such commerce; and

(g) Such other necessary information as the Director may require.

An application shall be deemed filed when delivered to the office of inspection. When an application is filed, the date and time of filing shall be recorded by the official receiving it.

An application may be rejected (a) for noncompliance with the act or the regulations in this subpart, or (b) when it is not practicable to provide the service. All expenses incurred in connection with an application rejected for noncompliance with the act or the regulations in this subpart shall be paid by the applicant as provided in § 29.124 of subpart B of this part.

An application may be withdrawn at any time before the requested service is rendered. Payment of expenses incurred in connection therewith shall be paid by the applicant as provided in § 29.124 and subpart B of this part.

All tobacco to be inspected and certified by class or type upon application shall be made accessible by the applicant for proper examination, including any necessary display in proper light for determination of grade, class, type, or other characteristics or for drawing of samples. Each croplot shall be displayed at an approved receiving station in a continuous and orderly sequence with no other producer's tobacco in between. The lots shall be arranged in rows 18 inches apart with the leaves of adjacent lots not touching within the rows. Coverings shall be removed by the applicant in such manner as may be prescribed by the inspector.

Fees and charges for inspection and certification services shall comprise the cost of salaries, travel, per diem, and related expenses to cover the costs of performing the service. Fees shall be for actual time required to render the service calculated to the nearest 30-minute period. The hourly rate shall be $47.40. The overtime rate for service performed outside the inspector's regularly scheduled tour of duty shall be $53.70. The rate of $64.45 shall be charged for work performed on Sundays and holidays.

Each tobacco classification certificate shall show:

(a) The caption “Tobacco Classification Certificate”;

(b) Whether it is an original, first, second, or other copy;

(c) The number of the certificate;

(d) The sale bill identification number;

(e) The location of the tobacco at the time of inspection and certification;

(f) The date of certification;

(g) The class or type of tobacco;

(h) The number of lots in the crop-lot;

(i) The weight of each lot;

(j) The signature of the inspector and,

(k) Such additional information as may be required by the Director.

Each certificate issued under this regulation shall:

(a) Show that it was issued under the Tobacco Inspection Act;

(b) Be in a form approved for the purpose by the Director, and

(c) Embody within it, written or printed terms with respect to the particular kind of service, all applicable information required by § 29.9263. Each certificate may also contain any information, not inconsistent with the act and the regulations in this subpart, as may be approved or required by the Director. The Director may, in his discretion, specify or limit the period in which a certificate shall be valid.

Distribution of the Tobacco Classification Certificate shall be limited to the provisions of this section. The original certificate and one copy shall be delivered or mailed to the applicant or his agent. One copy and the copy of the ASCS certificate shall be forwarded by the inspector to the Division or office of inspection.

No change or alteration shall be made in the weight or other identification of a lot on the Tobacco Classification Certificate after the certification of class or type, and any such change or alteration shall constitute and be construed as a change or alteration in the certificate issued or authorized under the act.

The provisions of this subpart shall not preclude the application of other administrative remedies or the institution of criminal proceedings in appropriate cases as provided by the act.