cfr_sections
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772 rows where part_number = 29 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:2.1.1.1.3.1.160.1 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | A | Subpart A—Policy Statement and Provisions Governing the Extension of Tobacco Inspection Services | § 29.1 Definitions. | AMS | [37 FR 7765, Apr. 20, 1972, as amended at 39 FR 3548, Jan. 28, 1974; 42 FR 17097, Mar. 31, 1977; 58 FR 21343, Apr. 21, 1993; 90 FR 22844, May 30, 2025; 90 FR 23421, June 3, 2025] | For purposes of this subpart A, the following terms shall have the following meanings: (a) Additional sale means an additional auction sale proposed to be conducted on a designated market. (b) Adequate set of buyers means 5 or more buyers representing 5 or more companies or buying organizations which either will use the tobacco in the manufacture of tobacco products in this country or in foreign countries, or will pack and sell the tobacco later for use by manufacturers in this country or foreign countries, and who could reasonably be expected to purchase at least two-thirds of the total U.S. production of the kind of tobacco for which the additional services are requested. (c) Auction market means a marketing center containing one or more warehouses where tobacco is delivered by producers thereof, or their agents, for sale by the auction process. There may be one or more auction sales on an auction market. (d) Bona fide auction sale and auction sale mean the buying and selling of tobacco offered by producers by the auction process which customarily and usually consists of an adequate set of buyers; an auctioneer who takes each buyer's bid; a sales starter who makes the opening bid on each lot; and a ticket marker who records the applicable sales data on each lot. (e) Designated market means an auction market designated by the Secretary under section 5 of the Tobacco Inspection Act including the town or city which is the population center of the market whose name the market bears and all of the geographical area within 5 road miles of the boundaries of said city or town. And further provided, That this geographical limitation may be waived by the Secretary after a hearing held pursuant to §§ 29.2 and 29.3. (f) Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (g) Hearing Officer means any ad… | |||
| 7:7:2.1.1.1.3.1.160.2 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | A | Subpart A—Policy Statement and Provisions Governing the Extension of Tobacco Inspection Services | § 29.2 Policy statement. | AMS | [37 FR 7765, Aug. 20, 1972, as amended at 42 FR 17097, Mar. 31, 1977; 46 FR 62393, Dec. 24, 1981; 90 FR 22844, May 30, 2025; 90 FR 23421, June 3, 2025] | Inspection services currently provided in auction marketing areas are adequate and the lack of these services is not a limiting factor to accelerated marketings. Consequently, the extension of inspection services, without limitation even though the cost of such service is paid by the seller, would not contribute to the effectuation of the purposes of either of these services. The additional cost incident to the unlimited extension of these services would be unjustifiable and excessive in relation to the total quantity of tobacco available for market. Accordingly, inspection services shall be made available on new markets, and additional sales for other than flue-cured tobacco only as hereinafter provided. (a) Reasonable inspection services. The extension of tobacco inspection services to new markets and additional sales will be conditioned upon the reasonableness of such services existing in the marketing area of the proposed new market or additional sale. Transactions in tobacco as conducted at auction markets customarily involve the sale of tobacco at a bona fide auction sale. Determination with respect to reasonableness, and consequently with respect to granting or denying additional services, will be based on evidence: (1) That the proposed new market or additional sale will function as a bona fide auction sale; and (2) That additional services are justifiable in relation to other market data, including the volume of tobacco produced in the area surrounding the proposed new market or additional sale; the roads and road distances involved in moving tobacco to the proposed new market or additional sale in relation to other tobacco marketing centers; the relative availability or congestion of all facilities for redrying and packing tobacco handled or to be handled in the proposed new market or additional sale; the location of other auction markets on which tobacco produced in the marketing area of the proposed new market or additional sale may be marketed; the number of tobacco growers to be affected by the… | |||
| 7:7:2.1.1.1.3.1.160.3 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | A | Subpart A—Policy Statement and Provisions Governing the Extension of Tobacco Inspection Services | § 29.3 Procedures for filing, hearing, and determination of applications. | AMS | [37 FR 7765, Apr. 20, 1972, as amended at 39 FR 3548, Jan. 28, 1974; 41 FR 24693, June 18, 1976; 42 FR 17098, Mar. 31, 1977; 46 FR 62393, Dec. 24, 1981; 90 FR 22844, May 30, 2025; 90 FR 23421, June 3, 2025] | (a) Time and place of filing. Applications for the extension of tobacco inspection to new markets and to additional sales on designated markets shall be filed with the Hearing Clerk not later than September 15 in the case of flue-cured tobacco, December 1 in the case of Maryland tobacco, and July 15 in the case of burley and all other kinds of tobacco. Applications should be addressed to the Office of the Hearing Clerk, United States Department of Agriculture, 1400 Independence Ave. SW, Stop 9203, Room 1031, South Building, Washington, DC 20250-9203. Applications which are not received by the Hearing Clerk on or before the foregoing cutoff date for the kind of tobacco shall be rejected as untimely filed. After denial of an application for additional inspection services for a marketing season, no application from the same auction market or proposed new market shall be considered for the next consecutive marketing season, unless the application contains a statement by the applicant setting forth new facts that constitute evidence of such a substantial change in conditions since the previous hearing as the review committee as specified in paragraph (h) of this section deems would warrant such further hearing. (b) Form and content of application. The application shall be in writing, shall set forth the grounds for the application and shall be signed by the applicant or applicants. If an applicant is a corporation, the application shall be executed by a responsible officer of such corporation. The application shall include a statement of the name, address and form of business organization of each party to the application and the location of the proposed new market or additional sale. (c) Hearings on applications. Following the closing date for filing applications for each kind of tobacco, a hearing or hearings shall be held on the applications, if any, filed for additional inspection services for the kind of tobacco in question. Such hearing or hearings shall be scheduled to begin within 60 days following the … | |||
| 7:7:2.1.1.1.3.2.160.1 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.12 Terms defined. | AMS | 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 unless the context or subject matter otherwise requires. | ||||
| 7:7:2.1.1.1.3.2.160.10 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.21 Weigher. | AMS | Person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco. | ||||
| 7:7:2.1.1.1.3.2.160.11 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.22 Appeal inspector. | AMS | An inspector or other person designated or authorized by the Division to hear appeals under the Act and the regulations in this subpart. | ||||
| 7:7:2.1.1.1.3.2.160.12 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.23 Tobacco. | AMS | Tobacco in its unmanufactured forms as it appears between the time it is cured and stripped from the stalk, or primed and cured and the time it enters a manufacturing process. Conditioning, sweating, and stemming are not regarded as manufacturing processes. | ||||
| 7:7:2.1.1.1.3.2.160.13 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.24 Official standards. | AMS | Standards for tobacco promulgated by the Secretary under the Act. | ||||
| 7:7:2.1.1.1.3.2.160.14 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.25 Tentative standards. | AMS | Standards for tobacco prepared by the Division for trial purposes and limited use pending promulgation by the Secretary of Official Standards. | ||||
| 7:7:2.1.1.1.3.2.160.15 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.26 Office of inspection. | AMS | A field office of the tobacco inspection service of the Division. | ||||
| 7:7:2.1.1.1.3.2.160.16 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.27 Certificate. | AMS | A certificate issued under the Act and the regulations in this subpart. | ||||
| 7:7:2.1.1.1.3.2.160.17 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.28 Interested party. | AMS | The owner or other financially interested person; including the warehouseman, commission merchant, association, and other person who has the tobacco in his custody for sale; the authorized agent of the owner; and persons to whom or by whom the tobacco has been sold on the basis of a certificate issued, or sample prepared, under the Act, but not including a person who is negotiating for its purchase. | ||||
| 7:7:2.1.1.1.3.2.160.18 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.29 Regulations. | AMS | Rules and regulations of the Secretary under the Act. | ||||
| 7:7:2.1.1.1.3.2.160.19 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.30 Package. | AMS | A hogshead, tierce, case, bale, or other securely enclosed parcel or bundle. | ||||
| 7:7:2.1.1.1.3.2.160.2 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.13 The act. | AMS | The Tobacco Inspection Act, approved August 23, 1935. (7 U.S.C. 511 et seq. ) | ||||
| 7:7:2.1.1.1.3.2.160.20 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.31 Lot. | AMS | A pile, basket, bulk, package, or other definite unit. | ||||
| 7:7:2.1.1.1.3.2.160.21 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.32 Identification number. | AMS | A number or a combination of letters and numbers in a design or mark approved by the Director, stamped, printed, or stenciled on a lot of tobacco or attached thereto by an inspector, sampler, or weigher for the purpose of identifying the lot covered by a certificate issued under the Act. | ||||
| 7:7:2.1.1.1.3.2.160.22 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.33 Official sample. | AMS | A sample selected, tagged, and signed by an inspector or sampler under the Act. | ||||
| 7:7:2.1.1.1.3.2.160.23 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.34 Sample seal. | AMS | A seal approved by the Director for sealing official samples. | ||||
| 7:7:2.1.1.1.3.2.160.24 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.35 Lot seal. | AMS | A seal approved by the Director for sealing lots of tobacco certificated under the Act. | ||||
| 7:7:2.1.1.1.3.2.160.25 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.36 Auction market. | AMS | A place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant. | ||||
| 7:7:2.1.1.1.3.2.160.26 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.37 Designated market. | AMS | An auction market designated by the Secretary, under section 5 of the Act. | ||||
| 7:7:2.1.1.1.3.2.160.27 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.38 Public notice. | AMS | A proclamation by the Secretary under the Act (a) stating that an auction market is designated under the Act; (b) giving notice of such fact; (c) specifying a date when the requirement of inspection and certification under the act shall become effective; and (d) released to the press, mailed to the tobacco board of trade or warehouse association of such market, and mailed to the postmaster at such market for posting. | ||||
| 7:7:2.1.1.1.3.2.160.28 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.39 Permissive inspection. | AMS | Inspection authorized under section 6 of the Act. | ||||
| 7:7:2.1.1.1.3.2.160.29 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.40 Mandatory inspection. | AMS | [67 FR 36080, May 23, 2002] | Inspection authorized or required under section 5 of the Act or section 759 of the Appropriations Act. | |||
| 7:7:2.1.1.1.3.2.160.3 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.14 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. | ||||
| 7:7:2.1.1.1.3.2.160.4 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.15 Department. | AMS | The U.S. Department of Agriculture. | ||||
| 7:7:2.1.1.1.3.2.160.5 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.16 Division. | AMS | Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture. | ||||
| 7:7:2.1.1.1.3.2.160.6 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.17 Director. | AMS | Director or Acting Director, Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture. | ||||
| 7:7:2.1.1.1.3.2.160.7 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.18 Person. | AMS | Individual, association, partnership, or corporation. | ||||
| 7:7:2.1.1.1.3.2.160.8 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.19 Inspector. | AMS | Person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco. | ||||
| 7:7:2.1.1.1.3.2.160.9 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.20 Sampler. | AMS | Person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco. | ||||
| 7:7:2.1.1.1.3.2.161.30 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.41 The Appropriations Act. | AMS | [67 FR 36080, May 23, 2002] | The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2002 (Pub. L. 107-76). | |||
| 7:7:2.1.1.1.3.2.161.31 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.42 Receiving station. | AMS | [67 FR 36080, May 23, 2002] | Points at which producer tobacco is offered for marketing (other than sale at auction on a designated market), including tobacco auction warehouses, packing houses, prizeries, or places where tobacco is handled or stored. | |||
| 7:7:2.1.1.1.3.2.162.32 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.51 Administration. | AMS | The Director is charged with the supervision of the Division and the performance of all duties assigned thereto in the administration of the Act. Information concerning such administration may be obtained by addressing: The Director, Tobacco Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, DC 20250. | ||||
| 7:7:2.1.1.1.3.2.163.33 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.56 Permissive inspection. | AMS | [13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 64 FR 67470, Dec. 2, 1999; 65 FR 36782, June 12, 2000] | Permissive inspection consists of inspection, including sampling and weighing, and certificating tobacco upon the request of an interested party. Upon such request, the Director may authorize and require an inspector, as a part of his duties, to supervise the preparation of tobacco to be inspected under the Act, including the sorting, handling, conditioning, or packing of such tobacco. Special tests and services may be performed for interested persons to the extent that available facilities will permit, subject to the payment of fees as provided in § 29.123. | |||
| 7:7:2.1.1.1.3.2.163.34 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.57 Where inspection is offered. | AMS | Tobacco may be inspected, sampled, or weighed for the purposes of the Act, upon request of an interested party, at points indicated in paragraphs (a), (b), and (c) of this section whenever official inspectors, samplers, or weighers are available and the tobacco is offered under conditions that permit of its proper examination. (a) Points at which tobacco enters, or is offered for, interstate or foreign shipment, including packing houses, prizeries, warehouses, and other places where tobacco is handled, packed, or stored. (b) The stations or the headquarters of inspectors, samplers, or weighers. An official station may be any town, city, or place having a market, receiving station, or other facilities for handling, packing, or storing tobacco and where there is a sufficient volume of work to justify the stationing of an inspector, sampler, or weigher. (c) Points near an official station, to the extent permitted by the time of the inspector, sampler, or weigher at such official station. | ||||
| 7:7:2.1.1.1.3.2.163.35 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.58 Who may obtain inspection. | AMS | Inspection, sampling, or weighing as described in § 29.56 may be requested by an interested party, or his authorized agent, by filing an application in accordance with §§ 29.59 and 29.60. | ||||
| 7:7:2.1.1.1.3.2.163.36 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.59 How to make application. | AMS | Application for inspection, sampling, or weighing of tobacco shall be made to the Division, the office of inspection, or as the case may be, to an official inspector, sampler, or weigher. It may be made orally or in writing and delivered in person, by mail, by telegraph, or otherwise. If made orally, the Division or the official receiving it may require a written confirmation. | ||||
| 7:7:2.1.1.1.3.2.163.37 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.60 Form of application. | AMS | Application for inspection, sampling, or weighing tobacco shall include the following information: (a) The date of the application; (b) The designation of the tobacco and the crop year of its production; (c) The name and post-office address of the applicant and of the person, if any, making the application as agent; (d) The financial interest of the applicant in the tobacco; (e) The exact nature of the service desired as (1) inspection, (2) inspection and sealing packages, (3) sampling, or (4) weighing; (f) A statement that the tobacco (1) is in commerce, as defined in the act, or (2) is to be inspected, sampled, or weighed in connection with its entering such commerce; (g) If the tobacco has been officially inspected, sampled, or weighed previously, the application must have the previous certificate attached, or show with respect to such previous service (1) by whom, (2) the date, (3) previous determinations as certificated; (h) The reason for requesting reinspection, resampling, or reweighing; and (i) Such other necessary information as the Director may require. | ||||
| 7:7:2.1.1.1.3.2.163.38 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.61 When application deemed filed. | AMS | An application shall be deemed filed when delivered to the Division, the office of inspection, or according to the nature of the service requested, to an official inspector, sampler, or weigher. When an application is filed, the date and time of filing shall be recorded by the official receiving it. | ||||
| 7:7:2.1.1.1.3.2.163.39 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.62 When application may be rejected. | AMS | 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. | ||||
| 7:7:2.1.1.1.3.2.163.40 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.63 When application may be withdrawn. | AMS | An application may be withdrawn at any time before the requested service is rendered upon payment of expenses incurred in connection therewith as provided in § 29.124. | ||||
| 7:7:2.1.1.1.3.2.163.41 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.64 Authority of agent. | AMS | Proof of authority of any person making an application as agent may be required in the discretion of the official receiving the application. | ||||
| 7:7:2.1.1.1.3.2.163.42 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.65 Accessibility of tobacco. | AMS | All tobacco to be inspected, sampled, or weighed upon application shall be made accessible by the applicant for proper examination, including any necessary display in proper light for determination of grade or other characteristics or for drawing of samples. In the case of tobacco in packages, the coverings shall be removed by the applicant in such manner as may be prescribed by the inspector, sampler, or weigher. | ||||
| 7:7:2.1.1.1.3.2.163.43 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.66 Certificates. | AMS | (a) Forms. Each certificate issued under this regulation shall (1) show that it was issued under The Tobacco Inspection Act; (2) be in a form approved for the purpose by the Director and (3) embody within its written or printed terms, with respect to the particular kind of service, all applicable information required by paragraphs (b), (c), (d), (e), and (f) of this section. 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. (b) Inspection certificate. Each inspection certificate shall show (1) the caption “Tobacco Inspection Certificate”; (2) whether it is an original, first, second, or other copy; (3) the number of the certificate; (4) the identification number and private identification marks on the lot; (5) the date and number of the official sample, if any; (6) the location of the tobacco at the time of inspection or sampling; (7) the date of inspection; (8) the type and grade of the tobacco; (9) the kind of lot or package; and (10) the signature of the official inspector; also such additional information as may be required by the Director. An inspection certificate covering a package of tobacco shall also show the form and condition of the tobacco. (c) Sample inspection certificate. Each sample inspection certificate shall carry the caption “Tobacco Sample Inspection Certificate” and shall otherwise comply with the requirements of an inspection certificate, and in addition include a clearly worded statement that the type, grade, or other tobacco characteristics, shown therein, apply only to the tobacco contained in the sample inspected. (d) Weight certificate. Each weight certificate shall show (1) the caption “Tobacco Weight Certificate”; (2) whether it is an original, first, second, or other copy; (3) the number of the certificate; (4) the identification number or private identif… | ||||
| 7:7:2.1.1.1.3.2.163.44 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.67 Disposition of certificates. | AMS | When a certificate of inspection or weight is issued under the Act upon the request of an interested party, the original certificate and one copy shall be delivered or mailed to the applicant or a person designated by him, and one copy shall be mailed or delivered to the Division or local office of inspection. Charges may be made for additional copies furnished the interested party upon request as provided in § 29.128. | ||||
| 7:7:2.1.1.1.3.2.163.45 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.68 Advance information. | AMS | Upon the request of an applicant for whom tobacco has been inspected, sampled, or weighed and certificated under the Act, all or any part of the contents of such certificate may be tel- egraphed or telephoned to him as his expense. Information relative to grade or other determinations contained or to be contained in a certificate shall not be divulged by an inspector, sampler, or weigher to any person other than an interested party or his agent without the approval of the Director, and such information shall not be furnished an interested party before the certificate is issued. | ||||
| 7:7:2.1.1.1.3.2.163.46 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.69 Weighing apparatus. | AMS | A scale used for determination of weight to be certificated under the Act shall be subject to examination for accuracy according to the regulations of the State or municipality in which located. No disapproved scale shall be used to determine weight of tobacco for the purposes of the Act and the regulations in this subpart. | ||||
| 7:7:2.1.1.1.3.2.164.47 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.71 Mandatory inspection. | AMS | [67 FR 36080, May 23, 2002] | Mandatory inspection consists of: (a) Inspecting and certifying tobacco under the Act on designated markets before it is offered for sale at auction; or (b) Inspecting and certifying tobacco at receiving stations under the Appropriations Act at the time the tobacco is delivered for sale. | |||
| 7:7:2.1.1.1.3.2.164.48 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.72 Where mandatory inspection is required. | AMS | [67 FR 36080, May 23, 2002] | (a) Auction. All tobacco offered for sale at auction on a market designated in accordance with the Act and § 29.73 shall be inspected and certificated under the Act upon the date specified by the Secretary in public notice of such designation, and thereafter, except when the requirement of such inspection and certification is temporarily suspended by the Deputy Administrator in accordance with the Act and the regulations in this subpart. (b) Other. Tobacco of the kinds specified below offered for sale by the producers thereof at receiving stations shall be inspected and certificated under the Appropriations Act at the time of delivery and prior to change of ownership. The specified kinds are flue-cured tobacco, types 11, 12, 13, and 14; burley tobacco, type 31; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-cured tobacco, types 35 and 36. | |||
| 7:7:2.1.1.1.3.2.164.49 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.73 Designation of markets; termination of designation. | AMS | [38 FR 27599, Oct. 5, 1973] | An auction market where tobacco bought or sold thereon at auction or the products customarily manufactured therefrom move in commerce may be designated under the Act by the Secretary after the Director has advised the Secretary that two-thirds of the growers voting in the referendum held in accordance with § 29.74 favored the designation of such market. When a market is designated by the Secretary, he shall give public notice of the fact and in such public notice he shall specify the date on which the requirement of inspection and certification of tobacco sold at auction on such market shall become effective. The Director may temporarily suspend the requirement of inspection and certification on a designated market when it is found impracticable to provide such services because competent inspectors are not obtainable or because the quantity of tobacco available for inspection is insufficient to justify the cost of such service. A designation shall terminate automatically at the end of any two consecutive marketing seasons during which a designated market does not conduct any sales of tobacco at auction. A market whose designation is terminated under this section shall be considered as a new market, as defined in § 29.1, and any future application for services shall be filed and determined in accordance with the provisions of §§ 29.3 and 29.2. | |||
| 7:7:2.1.1.1.3.2.164.50 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.74 Growers' referendum. | AMS | [13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 55 FR 21738, May 29, 1990] | (a) Method of conducting. Any referendum held as provided in section 5 of the Act shall be conducted by the Division in accordance with this section. The Director shall determine (1) the market or group of markets to be covered by a referendum; (2) when a referendum is to be held; and (3) the period during which growers, entitled to vote therein, may cast their ballots. When a referendum is held for a group of markets, the result of such referendum may be construed to apply either individually or collectively to such markets. Before holding a referendum, the Division shall establish from the records of the collectors of internal revenue for the preceding marketing season, or in the absence of such records then from such other reliable sources of information as are available, a list showing the names of all growers who are entitled to vote in the referendum, and from the list so established the eligibility of growers to vote in a referendum shall be determined by the Division: Provided, That if a grower, whose name appears on such lists for two or more markets selling the same class of tobacco, votes in one referendum for a market selling such type, he shall not be eligible to vote in a referendum for any other market selling such type. If no growers sold tobacco at auction on a proposed new market during the preceding marketing season, then the list of growers entitled to vote in the referendum shall be comprised of the growers residing in the county where the pRoposed new market is located and in the adjacent counties. (b) Form of ballot. Ballots to be used for voting in a referendum held under the Act shall be in a form approved for the purpose by the Director. (c) Distribution of ballots. Ballots to be used by growers in a referendum under the act may be distributed by mail or otherwise as the Director may select. The Director may establish and publish a list of voting places for the purpose of any referendum and distribute ballots therefrom. When ballots are not mailed directly to growers who are en… | |||
| 7:7:2.1.1.1.3.2.164.51 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.74a Producer referenda on mandatory grading. | AMS | [67 FR 9896, Mar. 5, 2002, as amended at 90 FR 22612, May 29, 2025] | (a)(1) Method of conducting. Referenda shall be conducted among producers who were engaged in the production of the following types of tobacco harvested in the immediately preceding crop year: flue-cured tobacco, types 11, 12, 13, 14; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; burley tobacco, type 31; and cigar filler and binder tobacco, types 42, 43, 53, 54, and 55. A referendum will be conducted for each kind of tobacco and the results will apply to each individual kind. A producer is eligible to vote in referenda for each kind of tobacco they produce. (2) Farmers engaged in the production of tobacco. For purposes of the referenda, persons engaged in the production of tobacco includes any person who is entitled to share in a crop of the tobacco or the proceeds thereof because he or she shares in the risks of production of the crop as an owner, landlord, tenant, or sharecropper (a landlord whose return from the crop is fixed regardless of the amount of the crop produced is excluded) on a farm on which such crop is planted in a workmanlike manner for harvest: Provided, That any failure to harvest the crop because of conditions beyond the control of such person shall not affect his or her status as a person engaged in the production of the crop. (3) One vote limitation. Each person eligible to vote in a particular referendum shall be entitled to only one vote in such referendum regardless of the number of farms in which such person is interested or the number of communities, counties, or States in which farms are located in which farms such person is interested: Provided, That: (i) The individual members of a partnership shall each be entitled to one vote, but the partnership as an entity shall not be entitled to vote; (ii) An individual eligible voter shall be entitled to one vote even though he or she is interested in an entity (including but not limited to a corporation) whi… | |||
| 7:7:2.1.1.1.3.2.164.52 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.75 Accessibility of tobacco. | AMS | [13 FR 9477, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 28 FR 6211, June 18, 1963; 67 FR 36081, May 23, 2002] | (a) All tobacco subject to mandatory inspection shall be made readily accessible for inspection. (b)(1) Each warehouse operator shall block off in his warehouse adequate space for each basket of flue-cured tobacco offered for sale on the auction market, and shall prominently number each 10th basket space. The blocking and numbering arrangement shall follow the order of sale; that is, down one row and back on the adjacent row. (2) Each warehouse shall display a plainly visible sign with the total number of baskets of flue-cured tobacco allotted to be sold each day. Each warehouse operator shall designate to the inspector the number of the starting space for each day's sale and grading will begin at this designated space. All spaces, whether empty or full, shall be counted. No tobacco will be graded beyond the numbered space corresponding with the number of baskets allotted for each day's sale. The grading shall proceed from the beginning point of the sale to the closing point of the sale in an orderly sequence. An inspector shall not go back and grade any basket of tobacco placed in a space which was empty when grading for the day's sales passed such sales space. (c) Before starting inspection of the day's sale of flue-cured tobacco in each warehouse, the head grader or market supervisor grader shall determine if there is compliance with the requirements of paragraph (b) of this section. If he determines that the prescribed system has not been followed, the inspectors shall proceed to the next scheduled warehouse and shall return to the noncomplying warehouse on the next sales day for such warehouse when the head grader or market supervisor grader shall again determine if the prescribed system has been followed before starting the inspection. (d) A reduction in daily sales for any warehouse resulting from noncompliance with this section, including empty spaces, shall not prevent the maximum number of baskets allotted per day per set of buyers from being sold in the market. (e) Each receiving station operator … | |||
| 7:7:2.1.1.1.3.2.164.53 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.75a Display of burley tobacco on auction warehouse floors in designated markets. | AMS | [30 FR 12627, Oct. 2, 1965, as amended at 47 FR 51721, Nov. 17, 1982; 56 FR 31534, July 11, 1991] | (a)(1) Each lot of burley tobacco displayed for sale on auction warehouse floors shall have a minimum space of 24 inches from butts to butts between the rows. Distances between lots of tobacco within the row shall be no less than 8 inches between immediately adjacent lots. (2) The number of bales on a pallet shall not exceed eight. Tobacco packed in bales shall have the stems turned toward the aisle. (3) Each warehouse operator shall display a plainly visible sign showing the total number of lots of burley tobacco allotted to be sold each day. Such sign shall be displayed at the point of lots where the days' sales will conclude and no additional tobacco shall be graded beyond that point. (4) Each warehouse operator shall arrange his entire day's sale in a continuous and orderly arrayed sequence of lots and rows of tobacco. Any arrangement of tobacco in rows of progressively varying lengths, or any deviations from an orderly arrayed sequence of lots and rows of tobacco, shall have prior approval of the Set Work Leader or Circuit Supervisor. (5) Each warehouse operator shall designate to the Set Work Leader or Circuit Supervisor the starting point or lot for each day's sale, and counting and grading will begin at this designated point and proceed to the closing point of the sale in an orderly sequence. All lot spaces, containing or not containing a lot of tobacco, and all lots of tobacco, covered or uncovered, shall be counted and included in the daily sales allotment. Lots of tobacco shall not be removed, added, rearranged, or substituted between the time they are counted for the day's sale and the time they are graded for the day's sale, provided, however, that with prior approval of the Set Work Leader or Circuit Supervisor compensating lots of tobacco may be substituted for empty spaces and covered lots included in a daily sales count. (6) Each operator of a warehouse at which baled burley tobacco is offered for sale shall open the particular bale, in a lot of tobacco, chosen by a grader for inspection and… | |||
| 7:7:2.1.1.1.3.2.164.54 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.75b Display of baled flue-cured tobacco on auction warehouse floors in designated markets. | AMS | [65 FR 46086, July 27, 2000] | Each lot of baled flue-cured tobacco displayed for sale on auction warehouse floors shall have a minimum of 30 inches from side to side between rows with the open side of the bale facing the aisles. Distance between lots of baled tobacco within the row shall be no less than 18 inches between immediately adjacent lots. | |||
| 7:7:2.1.1.1.3.2.164.55 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.75c Display of tobacco at receiving stations. | AMS | [67 FR 36081, May 23, 2002] | Each lot of tobacco delivered for sale at receiving stations and transferred to a conveyor system for unloading shall maintain a distance between adjacent lots of not less than 18 inches during the inspection process. The platform area used for examination with a conveyor system shall be a minimum of 4 × 4 feet. Any lots of tobacco displayed in a manner other than a conveyor system shall maintain a minimum clearance of 18 inches on all sides. If the tobacco is inspected or graded by the recipient, it shall be made available for mandatory inspection at the same time and location within the receiving station. | |||
| 7:7:2.1.1.1.3.2.164.56 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.76 Mandatory inspection ticket. | AMS | A mandatory inspection ticket shall consist of a Tobacco Inspection Certificate made and issued in combination with an auction warehouse ticket in a form approved by the Director. | ||||
| 7:7:2.1.1.1.3.2.164.57 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.77 Warehousemen to provide tickets. | AMS | A mandatory inspection ticket, in the form required by § 29.76 shall be provided by each auction warehouseman on a designated market to cover each lot of tobacco offered for sale at auction by him on such market. | ||||
| 7:7:2.1.1.1.3.2.164.58 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.78 Changes or alterations. | AMS | No change or alteration shall be made, in the weight or other identification of the lot, on a mandatory inspection ticket after the certification of type and grade by an official inspector, 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. | ||||
| 7:7:2.1.1.1.3.2.164.59 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.79 Disposition of ticket. | AMS | One copy of the mandatory inspection ticket shall be attached to, or placed on, the tobacco certificated as a further identification of the lot and all copies of such ticket shall become null and void when such identifying copy is removed from the lot. When and as requested by the Director, one copy of such ticket, showing (a) the certification of type and grade; (b) the weight and other identification; and (c) the details of the sale at auction, shall be delivered by the warehouseman to the Division or the head inspector of the market. | ||||
| 7:7:2.1.1.1.3.2.164.60 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.80 Announcing grades. | AMS | The grade of each lot of tobacco as certified by an official inspector on a designated market shall be clearly announced by the warehouseman or his representative at the time the lot is offered in the auction: Provided, That the Director may waive the requirement of announcing grades in the auction if he finds it impractical for the warehouseman to render this service. | ||||
| 7:7:2.1.1.1.3.2.164.61 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.81 Interference with inspectors. | AMS | [67 FR 36081, May 23, 2002] | (a) Auction. (1) No person, including the owner, producer, warehouseman, purchaser, agent, or employee thereof shall attempt, in any manner, to influence an inspector with respect to the grade designation of tobacco, or impede, in any manner, an inspector while the inspector is in the process of grading tobacco on the warehouse auction floor, or ask any question or discuss any matter pertaining to the grading of tobacco while the inspector is grading any tobacco on the warehouse auction floor. While inspectors are engaged in grading the day's sale, all requests for information concerning the grade designation on or requests to review the grade of any lot of tobacco shall be made only to the head grader or to the market supervisor grader. (2) In the event that the head grader or market supervisor grader determines that a person has violated any provision of this section, inspection ticket(s) if already issued on the lot(s) of unsold tobacco involved shall be null and void and no further inspection shall be performed on such lot(s) offered for sale by the warehouseman in whose premises the violation occurred until the next regularly-scheduled sale for such warehouse: Provided, That if violation consists of talking to the inspector while he/she is grading the tobacco, a warning shall be given on first offense and penalty provisions shall apply on any subsequent offense. A reduction in daily sales for any warehouse resulting from a violation of this section shall not prevent the maximum number of lots or pounds allotted per day per set of buyers from being sold in a designated market. (b) Other. No person, including the owner, producer, receiving station operator, purchaser, agent, or employee thereof shall attempt, in any manner, to influence an inspector with respect to the grade designation of tobacco, or impede, in any manner, an inspector while the inspector is in the process of grading tobacco. (c) Administrative remedies. The provisions of this section shall not preclude the application of other admin… | |||
| 7:7:2.1.1.1.3.2.165.62 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.90 When appeal may be taken. | AMS | Whenever an interested party believes that a certificate issued or a sample prepared under the act is not correct he may file an appeal: Provided, That (a) the period for which such certificate was issued or sample was prepared, if any specified, has not expired; (b) all tobacco covered by such certificate or sample is accessible to an appeal inspector for making a proper reinspection, resampling, or reweighing, and can be definitely identified by him as the tobacco covered by such certificate or sample; and (c) the tobacco has not deteriorated or undergone any material change. | ||||
| 7:7:2.1.1.1.3.2.165.63 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.91 How to obtain an appeal. | AMS | An appeal shall be made in writing and filed with the Division or the office of inspection for the type of tobacco involved. Such appeal shall show: (a) The date; (b) the name and post office address of the appellant and of the person, if any, making the appeal in his behalf; (c) the financial interest of the appellant in the tobacco; (d) the reasons for making the appeal; and such other information as may be required by the Director. The appeal shall be accompanied by the certificate or sample from which the appeal is taken, unless such requirement is waived by the Division when it is impracticable for the appellant to furnish such certificate. The appeal inspector may require the appellant to furnish any other relevant and necessary information for the proper consideration of the appeal. | ||||
| 7:7:2.1.1.1.3.2.165.64 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.92 Record of filing time. | AMS | When an appeal is filed, the date and time of filing shall be recorded by the officer receiving it. | ||||
| 7:7:2.1.1.1.3.2.165.65 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.93 When appeal may be refused. | AMS | If it shall appear that the reasons stated in an appeal are frivolous or unsubstantial or that the act or this subpart have not been complied with, the appeal may be denied or dismissed. When an appeal is denied or dismissed, the appeal inspector shall (a) notify the appellant by telegraph or in writing giving the reason for such denial or dismissal; (b) mail a copy of such notification to the Division; and (c) return or release to the appellant, or other person designated by him, any certificate or sample which was filed with the appeal. All expenses incurred in connection with an appeal prior to its refusal or dismissal shall be paid by the appellant, as provided in § 29.126. | ||||
| 7:7:2.1.1.1.3.2.165.66 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.94 When appeal may be withdrawn. | AMS | An appeal may be withdrawn by the appellant at any time before an appeal certificate is issued or an appeal sample is prepared, upon the payment of any expenses incurred in connection with the appeal as provided in § 29.126. | ||||
| 7:7:2.1.1.1.3.2.165.67 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.95 Review or second inspection not an appeal. | AMS | A review or investigation made in accordance with § 29.132, or a second inspection, sampling, or weighing made upon the request of an interested party for the purpose of securing new or later information when the correctness of an old certificate or sample is not questioned, shall not be considered an appeal. | ||||
| 7:7:2.1.1.1.3.2.165.68 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.96 Order in which made. | AMS | Appeals shall be heard and passed upon, so far as practicable, in the order in which they are filed. | ||||
| 7:7:2.1.1.1.3.2.165.69 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.97 Who shall pass upon appeals. | AMS | Appeals shall be passed upon by an appeal inspector designated for the purpose by the Director. When authorized, by the Director, two or more appeal inspectors may jointly pass upon an appeal. The Division may authorize an inspector, supervising inspector, or other person to act as an appeal inspector, but no appeal inspector shall pass upon an appeal involving the correctness of a certificate issued or sample prepared by him. | ||||
| 7:7:2.1.1.1.3.2.165.70 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.98 Appeal findings. | AMS | Immediately after an appeal has been heard and the tobacco involved therein has been reexamined, an appeal certificate shall be issued or an appeal sample prepared by the appeal inspector. Such certificate or sample shall show the finding of the appeal inspector and shall be labeled “Appeal Certificate” or “Appeal Sample”, as the case may be, over the signature of the appeal inspector. An appeal certificate or sample shall supersede all other certificates or samples for the same lot of tobacco and shall refer specifically to the certificate or sample from which the appeal was made. In all other respects the provisions of this subpart relative to certificates or samples shall apply to an appeal certificate or sample. The findings of the appeal inspector as certificated shall be final, unless the Director shall direct a review of such findings. | ||||
| 7:7:2.1.1.1.3.2.165.71 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.99 Superseded certificate or sample. | AMS | When superseded under this subpart by an appeal certificate or an appeal sample, such superseded certificate or sample shall become null and void and shall not thereafter be used to represent the tobacco described therein. If the original and the copies of the old certificate were not delivered to the appeal inspector for cancellation, the appeal inspector shall notify such persons or firms as he may consider necessary to prevent fraudulent use of any such null and void certificate. | ||||
| 7:7:2.1.1.1.3.2.166.72 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.106 Who may be employed, licensed, or authorized. | AMS | Any persons who is not financially interested directly or indirectly in merchandising tobacco, except as a grower or except in disposing of tobacco previously acquired, and who has demonstrated his competency may be employed, licensed, or authorized to inspect, sample, or weigh tobacco. Licenses issued by the Secretary shall be countersigned by a supervising official of the Division. Licenses to inspect or to sample shall specify the type or types of tobacco which the licensee is authorized to inspect or sample. | ||||
| 7:7:2.1.1.1.3.2.166.73 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.107 Order of providing service. | AMS | When tobacco is to be inspected, sampled, or weighed upon request, such services shall be rendered as far as practicable in the order in which applications were received. In conducting mandatory inspection, the inspection shall start at the beginning of the “break” in the auction warehouse where the sale is scheduled to start and the inspection shall continue in the order of sale on each warehouse floor and from warehouse to warehouse. | ||||
| 7:7:2.1.1.1.3.2.166.74 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.108 Certificate issuance. | AMS | A certificate shall be issued as soon as practicable after any tobacco has been inspected or weighed for the purpose of the Act. A separate certificate shall be issued for each lot of tobacco inspected or weighed, except when a certificate covering two or more lots is specifically authorized by the Director. In case of a lost or destroyed certificate, a duplicate thereof may be issued under the same number, date, and name by an authorized supervising official. Any such duplicate certificate shall be plainly marked “Duplicate” above the signature of the supervising official who issued it. | ||||
| 7:7:2.1.1.1.3.2.166.75 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.109 Inspection determinations. | AMS | The determination of type, grade, size, form, condition, or other tobacco characteristics shall be based upon a thorough examination of the lot of tobacco to be certificated or an official sample of such lot. The certification of a lot of tobacco shall be a true representation of the lot, or of the official sample, at the time of inspection. | ||||
| 7:7:2.1.1.1.3.2.166.76 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.110 Method of sampling. | AMS | In sampling tobacco under the Act, at least three breaks shall be made at different points in the lot, and in the discretion of the sampler as many more breaks shall be made as seem necessary to show the range of the entire lot. From the breaks so made tobacco to be used in the official sample shall be selected. The official shall, so far as practicable, include tobacco of each quality, color, length, and other characteristics found in the lot in such proportions as would truly represent the lot. In case a lot is found to be damaged, nested, or in doubtful keeping order, the official sample tag shall be so marked. Official sample tags shall be attached to the sample, in a manner prescribed by the Director. | ||||
| 7:7:2.1.1.1.3.2.166.77 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.111 Weight determinations. | AMS | Daily before weighing any tobacco for the purposes of the Act, a weigher shall verify the accuracy of the scales to be used by him. Except as may be otherwise specified by the Director, all weights certificated shall be within an accuracy of 1 pound. | ||||
| 7:7:2.1.1.1.3.2.166.78 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.112 Proper light. | AMS | Tobacco shall not be inspected or sampled for the purposes of the Act except when displayed in proper light for correct determination of grade or other characteristics of tobacco. No tobacco shall be inspected or sampled for the purposes of the Act in the direct rays of the sun or by any artificial light which does not permit the inspector correctly to determine the grade or other characteristics of tobacco. | ||||
| 7:7:2.1.1.1.3.2.166.79 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.113 Suspension and termination. | AMS | The license of an inspector, sampler, or weigher may be suspended, pending final action by the Secretary, by any official authorized to countersign licenses whenever he considers such action to be for the best interest of the service. The designation of an appeal inspector may be withdrawn at any time by the Division. Before the license of an inspector, sampler, or weigher is terminated or revoked pursuant to the Act and the regulations in this subpart, such appointee or licensee shall be furnished by the Secretary, or his designated representative, with a written statement specifying the charges, and within 7 days after his suspension, the licensee may file an appeal in writing with the Secretary supported by any evidence he may wish to offer in connection therewith. | ||||
| 7:7:2.1.1.1.3.2.167.80 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.123 Fees and charges. | AMS | [46 FR 62393, Dec. 24, 1981] | Fees and charges for tobacco inspection and certification service shall be collected by the Director to cover, insofar as practicable, all costs of the services, including establishment of standards, administrative, and supervisory costs, as follows: (a) Mandatory inspection. For each year, AMS will calculate the rate for services, per hour per program employee as described in § 29.123(b) and (c). The fee shall be paid by sellers of tobacco and assessed against the warehouse or receiving station operator irrespective of ownership or interest in the tobacco. When the warehouse or receiving station operator pays the Department, it is presumed the fee was collected from the seller. Inspection and related services shall be suspended or denied if the warehouse or receiving station operator fails to pay the fees and charges imposed under this section. The fee shall be based on total poundage of tobacco inspected and sold during each calendar month. The fee shall be due and payable on the first day of the immediately following month and on the day immediately following the last sale each marketing year. Mandatory inspection and certification services shall take precedence over permissive inspections, other than reinspections. (b) Domestic permissive inspection and certification —(1) Regular rate. The total AMS grading, inspection, or sampling program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses may also be added to the cost of providing the service. (2) Overtime rate. The total AMS grading, inspection, or sampling program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5 plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cos… | |||
| 7:7:2.1.1.1.3.2.167.81 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.124 When application rejected or withdrawn. | AMS | When an application for inspection, sampling, or weighing is rejected in accordance with § 29.62, or withdrawn in accordance with § 29.63, the applicant may be required to pay a reasonable charge for the time used by an inspector, sampler, or weigher, and other expenses incurred in connection with such application prior to its rejection or withdrawal. | ||||
| 7:7:2.1.1.1.3.2.167.82 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.125 Charge for appeals. | AMS | [13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 46 FR 62394, Dec. 24, 1981] | A charge of $5 shall be made for each appeal filed under § 29.90 and the fee for an appeal inspection, sampling, or weighing shall equal the fee for the original inspection, sampling, or weighing from which the appeal is taken, plus any charges for travel or other expenses incurred in hearing the appeal: Provided, That when a material error in the certificate or sample from which the appeal is taken is found by the appeal inspector the charge and fee shall be waived. | |||
| 7:7:2.1.1.1.3.2.167.83 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.126 When appeal refused or withdrawn. | AMS | When an appeal is refused in accordance with § 29.93 or withdrawn in accordance with § 29.94, the appellant may be required to pay a reasonable charge for the time used by the appeal inspector and other expenses incurred in connection with such appeal prior to its denial, dismissal, or withdrawal. | ||||
| 7:7:2.1.1.1.3.2.167.84 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.127 Demonstrations and courses of instruction. | AMS | [46 FR 62394, Dec. 24, 1981] | Charges, not in excess of the cost thereof, as may be approved by the Director, may be made for demonstrations, samples, or courses of instruction when such are furnished upon request. | |||
| 7:7:2.1.1.1.3.2.167.85 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.128 For certificates. | AMS | A charge may be made, in the discretion of the Director, for copies of certificates other than those required to be distributed in § 29.67, and for the issuance of a duplicate certificate in accordance with § 29.108. | ||||
| 7:7:2.1.1.1.3.2.167.86 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.129 National Advisory Committee for Inspection Services. | AMS | [46 FR 62394, Dec. 24, 1981] | (a) To assist the Secretary in determining the level of inspection and related services and the fees and charges therefore, a National Advisory Committee of tobacco producers shall be appointed in accordance with the Federal Advisory Committee Act (5 U.S.C. appendix I). (b) The committee shall consist of 14 members and 14 alternates. There will be a flue-cured subcommittee, a burley subcommittee, and a fire and dark air-cured subcommittee. (c) Recommendations to the Secretary for membership on the committee will be received from the following organizations: One from the Georgia Farm Bureau, one from the South Carolina Farm Bureau, one from the Virginia Farm Bureau, three from the North Carolina Farm Bureau, two from the North Carolina Grange, one from the Tennessee Farm Bureau, three from the Kentucky Farm Bureau, one from the Florida, Indiana, Missouri, West Virginia, or Maryland Farm Bureau, and one from the Wisconsin or Ohio Farm Bureau. (d) The committee and/or subcommittees shall meet at the call of the Secretary. | |||
| 7:7:2.1.1.1.3.2.168.100 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.500 Fees and charges for inspection and acceptance of imported tobacco. | AMS | [90 FR 22442, May 28, 2025] | The fee for inspection of imported tobacco will be determined as described in § 29.123 and shall be paid by the importer. | |||
| 7:7:2.1.1.1.3.2.168.87 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.131 [Reserved] | AMS | |||||
| 7:7:2.1.1.1.3.2.168.88 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.132 Division investigations. | AMS | An inspector, sampler, or weigher, when authorized by the Division, may of his own initiative, or upon the request of an interested party, review for the purpose of verification or confirmation any tobacco which he has certificated, and any supervising official may review the work of any inspector, sampler, or weigher: Provided, That such review shall not be made if the ownership of the tobacco involved has changed since the date of certification, unless there is intimation or evidence of deterioration or of irregularities or fraud in connection with the certification or sampling. When such review discloses an error in the certification, the inspector, sampler, or weigher concerned, or supervising official shall immediately correct the error by making an appropriate change in the certificate or by canceling the certificate and issuing a new certificate in lieu thereof. Any correction made on a certificate shall be initialed by the issuing official or by the supervising official. When a new certificate is issued for a lot of tobacco, the old certificate and copies thereof shall become null and void and shall not thereafter be used to represent the tobacco described therein. | ||||
| 7:7:2.1.1.1.3.2.168.89 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.133 Identification number. | AMS | The Director may require the use of official identification numbers in connection with tobacco certificated or sampled under the Act. When identification numbers are required, they shall be specified by the Director, and shall be attached to, or stamped, printed, or stenciled on, the lots of tobacco certificated or sampled, in a manner specified by the Director. | ||||
| 7:7:2.1.1.1.3.2.168.90 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.400 Inspection, certification, and testing of imported tobacco. | AMS | [90 FR 22442, May 28, 2025] | Tobacco offered for importation into the United States, including tobacco entering foreign trade zones shall upon request be inspected for grade and/or pesticide testing. | |||
| 7:7:2.1.1.1.3.2.168.91 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.401 Definitions. | AMS | [49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986; 54 FR 24663, June 9, 1989; 90 FR 22442, May 28, 2025] | As used in §§ 29.400 through 29.500, the words and phrases hereinafter defined shall have the following meanings: (a) Importation. Arriving within the territorial limits of the United States with the intent to unload. (b) Importer. The owner of the tobacco at the time of importation or the owner's successor in interest if the tobacco is sold prior to the completion of the requirements of §§ 29.400 through 29.500. (c) Inspection certificate. An official written representation of a lot of tobacco made by an inspector and issued to an importer. (d) Invoice. A writing on behalf of the importer that is used in commercial transactions of tobacco for selling, purchasing, shipping, or consigning. (e) Lot. A unit of shipment of tobacco encompassed by a single invoice. (f) Package. A hogshead, carton, case, bale, or other securely enclosed parcel or bundle. (g) Packing list. A document itemizing each package covered by a single invoice listing, among other things, the kind of tobacco in each package, the net weight, and the marks and numbers identifying each package. (h) Point of entry. The place at the port of entry or foreign trade zone where tobacco is unloaded from a carrier or unpacked from a container for the purpose of warehousing, manipulation, or manufacturing. (i) Port of entry. Any place designated by Executive order of the President, by order of the Secretary of the Treasury, or by Act of Congress, at which a customs officer is authorized to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation Laws. The term “port of entry” incorporates the geographical area under the jurisdiction of the port director when such port is one other than a district headquarters port. (j) Tobacco. Tobacco between the time it is cured and stripped from the stalk or primed and cured, in whole leaf or unmanufactured form, and the time it is utilized in product manufacturing. Conditioning, sweating, stemming, and threshing are not considered m… | |||
| 7:7:2.1.1.1.3.2.168.92 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.402 Advance notice. | AMS | [90 FR 22442, May 28, 2025] | The importer shall notify, orally or in writing, the Director, of the date and location that tobacco subject to inspection under § 29.400 will be unloaded for warehousing, manipulation, or manufacturing. This notice shall be received at least five working days prior to unloading the tobacco for warehousing, manipulation, or manufacturing. | |||
| 7:7:2.1.1.1.3.2.168.93 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.403 Accessibility of tobacco. | AMS | [49 FR 27468, July 3, 1984] | All tobacco subject to inspection under § 29.400 shall be made accessible by the importer for examination in a manner prescribed by the inspector. This includes providing proper lighting, removal of package coverings, and such other provisions as the inspector may deem necessary for inspection. | |||
| 7:7:2.1.1.1.3.2.168.94 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.404 Inspection. | AMS | [49 FR 27468, July 3, 1984] | The inspector shall review each lot of tobacco through a process of selective sampling in sufficient detail to allow an accurate determination of the types and grades contained in each lot. | |||
| 7:7:2.1.1.1.3.2.168.95 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.405 Inspection by submitted samples. | AMS | [49 FR 27468, July 13, 1984] | The Director, in lieu of onsite inspection, may approve submission by the importer of samples where time, geographical distance, or availability of inspectors prevent a timely onsite inspection, or where tobacco is classified as a “temporary importation under bond” as defined in 19 CFR 10.31 et seq. The importer shall certify that sampling was conducted in accordance with procedures approved by the Director. All tobacco inspected by submitted sample is subject to spot-checking at the discretion of the Director. Submitted samples shall be disposed of in a manner approved by the Director unless return of the sample is requested by the importer at the time of submission. Samples will only be returned at the importer's expense. | |||
| 7:7:2.1.1.1.3.2.168.96 | 7 | Agriculture | I | A | 29 | PART 29—TOBACCO INSPECTION | B | Subpart B—Requirements | § 29.426 Collection of pesticide test samples. | AMS | [90 FR 22442, May 28, 2025] | Any lot of tobacco not certified by the importer as being free of prohibited pesticide residues shall upon request be sampled in sufficient detail to determine whether the lot conforms with the pesticide residue standards. |
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