7 CFR Ch. I (1-1-02 Edition) 29.127: (46 FR 62394, Dec. 24, 1981)

§ 29.127 7 CFR Ch.
I (1–1–02 Edition)
§ 29.127 Demonstrations and courses MISCELLANEOUS

of instruction.
§ 29.131 [Reserved]
Charges, not in excess of the cost
thereof, as may be approved by the Di- § 29.132 Division investigations.
rector, may be made for demonstra- An inspector, sampler, or weigher,
tions, samples, or courses of instruc- when authorized by the Division, may
tion when such are furnished upon re- of his own initiative, or upon the re-
quest. quest of an interested party, review for
[46 FR 62394, Dec. 24, 1981] the purpose of verification or confirma-
tion any tobacco which he has certifi-
§ 29.128 For certificates. cated, and any supervising official may
review the work of any inspector, sam-
A charge may be made, in the discre- pler, or weigher: Provided, That such
tion of the Director, for copies of cer- review shall not be made if the owner-
tificates other than those required to ship of the tobacco involved has
be distributed in § 29.67, and for the changed since the date of certification,
issuance of a duplicate certificate in unless there is intimation or evidence
accordance with § 29.108. of deterioration or of irregularities or
fraud in connection with the certifi-
§ 29.129 National Advisory Committee cation or sampling. When such review
for Inspection Services. discloses an error in the certification,
(a) To assist the Secretary in deter- the inspector, sampler, or weigher con-
mining the level of inspection and re- cerned, or supervising official shall im-
lated services and the fees and charges mediately correct the error by making
therefore, a National Advisory Com- an appropriate change in the certifi-
mittee of tobacco producers shall be cate or by canceling the certificate and
appointed in accordance with the Fed- issuing a new certificate in lieu there-
eral Advisory Committee Act (5 U.S.C. of. Any correction made on a certifi-
appendix I). cate shall be initialed by the issuing of-
ficial or by the supervising official.
(b) The committee shall consist of 14
When a new certificate is issued for a
members and 14 alternates. There will
lot of tobacco, the old certificate and
be a flue-cured subcommittee, a burley copies thereof shall become null and
subcommittee, and a fire and dark air- void and shall not thereafter be used to
cured subcommittee. represent the tobacco described there-
(c) Recommendations to the Sec- in.
retary for membership on the com-
mittee will be received from the fol- § 29.133 Identification number.
lowing organizations: One from the The Director may require the use of
Georgia Farm Bureau, one from the official identification numbers in con-
South Carolina Farm Bureau, one from nection with tobacco certificated or
the Virginia Farm Bureau, three from sampled under the Act. When identi-
the North Carolina Farm Bureau, two fication numbers are required, they
from the North Carolina Grange, one shall be specified by the Director, and
from the Tennessee Farm Bureau, shall be attached to, or stamped, print-
three from the Kentucky Farm Bureau, ed, or stenciled on, the lots of tobacco
one from the Florida, Indiana, Mis- certificated or sampled, in a manner
souri, West Virginia, or Maryland specified by the Director.
Farm Bureau, and one from the Wis-
§ 29.400 Inspection, certification, and
consin or Ohio Farm Bureau. testing of imported tobacco.
(d) The committee and/or sub-
committees shall meet at the call of (a) All tobacco offered for importa-
tion into the United States, including
the Secretary.
tobacco entering foreign trade zones,
[46 FR 62394, Dec. 24, 1981] but excluding transshipped tobacco,
78
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Agricultural Marketing Service, USDA § 29.401
oriental and cigar tobacco, shall be in- (i) Port of entry. Any place designated
spected for grade and quality. Tobacco by Executive order of the President, by
subject to inspection shall be inspected order of the Secretary of the Treasury,
at the point of entry. or by Act of Congress, at which a cus-
(b) All flue-cured or burley tobacco, toms officer is authorized to accept en-
including stems, offered for importa- tries of merchandise, to collect duties,
tion into the United States, including and to enforce the various provisions of
tobacco entering foreign trade zones, the Customs and Navigation Laws. The
but excluding transshipped tobacco, term ‘‘port of entry’’ incorporates the
shall be accompanied by a pesticide geographical area under the jurisdic-
and end user certification completed tion of the port director when such
by the importer. Any flue-cured or bur- port is one other than a district head-
ley tobacco that is not certified as quarters port.
being free of prohibited pesticide resi- (j) Tobacco. Tobacco between the
dues shall not be permitted entry into time it is cured and stripped from the
the United States until the Secretary stalk or primed and cured, in whole
has determined that the tobacco meets leaf or unmanufactured form, and the
the pesticide residue requirements in time it is utilized in product manufac-
these regulations. turing. Conditioning, sweating, stem-
[49 FR 27467, July 3, 1984, as amended at 51 ming, and threshing are not considered
FR 30198, Aug. 22, 1986] manufacturing.
(k) Transshipped tobacco. Tobacco
§ 29.401 Definitions. that arrives within the territorial lim-
As used in §§ 29.400 through 29.500, the its of the United States for the purpose
words and phrases hereinafter defined of continuous transportation without
shall have the following meanings: being unloaded for warehousing, ma-
(a) Importation. Arriving within the nipulation, or manufacturing, to a des-
territorial limits of the United States tination outside the territorial limits
with the intent to unload. of the United States.
(b) Importer. The owner of the tobacco (l) Unload. To remove from a carrier
at the time of importation or the own- at the port of entry or at a foreign
er’s successor in interest if the tobacco trade zone.
is sold prior to the completion of the (m) End user certification. A document
requirements of §§ 29.400 through 29.500. issued by the Tobacco Division in a
(c) Inspection certificate. An official form approved by the Director con-
written representation of a lot of to- taining a certification by the importer
bacco made by an inspector and issued or subsequent purchaser to identify
to an importer. any and all end users of imported flue-
(d) Invoice. A writing on behalf of the cured or burley tobacco.
importer that is used in commercial (n) Pesticide. Any substance or mix-
transactions of tobacco for selling, pur- ture of substances intended for pre-
chasing, shipping, or consigning. venting, destroying, repelling, or miti-
(e) Lot. A unit of shipment of tobacco gating any pest, and any substance or
encompassed by a single invoice. mixture of substances intended for use
(f) Package. A hogshead, carton, case, as a plant regulator, defoliant, or des-
bale, or other securely enclosed parcel iccant.
or bundle. (o) Pesticide certification. A document
(g) Packing list. A document itemizing issued by the Tobacco Division in a
each package covered by a single in- form approved by the Director con-
voice listing, among other things, the taining a certification by the importer
kind of tobacco in each package, the that flue-cured and burley tobacco of-
net weight, and the marks and num- fered for importation does not exceed
bers identifying each package. the maximum allowable residue levels
(h) Point of entry. The place at the of any banned pesticide.
port of entry or foreign trade zone (p) Prohibited pesticide residue. The
where tobacco is unloaded from a car- maximum concentration of residue al-
rier or unpacked from a container for lowable for a specific pesticide or com-
the purpose of warehousing, manipula- bination of pesticides as set forth in
tion, or manufacturing. § 29.427.
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7 CFR Ch. I (1-1-02 Edition) 29.127: (46 FR 62394, Dec. 24, 1981)

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§ 29.127 7 CFR Ch.

§ 29.127 Demonstrations and courses MISCELLANEOUS

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