Editorial Note on Subchapter A of Chapter VIII
Authority: 7 U.S.C. 71-87K, 1621-1627.

Editorial Note on Subchapter A of Chapter VIII
Editorial Note: Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

§ 810.202 Definition of other terms. ( a ) *Black barley.* Barley with black hulls.
( b ) *Broken kernels.* Barley with more than 1 ⁄ 4 of the kernel removed.
( c ) *Classes.* There are two classes of barley: Malting barley and Barley. ( 1 ) *Malting barley* is divided into the following two subclasses: ( i ) *Six-rowed Malting barley* has a minimum of 95.0 percent of a six-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Six-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206.
( ii ) *Two-rowed Malting barley* has a minimum of 95.0 percent of a two-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Two-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206.
( 2 ) *Barley.* Any barley of a six-rowed or two-rowed type. The class Barley is divided into the following three subclasses: ( i ) *Six-rowed barley.* Any Six-rowed barley that contains not more than 10.0 percent of two-rowed varieties.
( ii ) *Two-rowed barley.* Any Two-rowed barley with white hulls that contains not more than 10.0 percent of six-rowed varieties.
( iii ) *Barley.* Any barley that does not meet the requirements for the subclasses Six-rowed barley or Two-rowed barley.
( d ) *Damaged kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that are badly ground-damaged, badly weather-damaged, diseased, frost-damaged, germ-damaged, heat-damaged, injured-by-heat, insect-bored, mold-damaged, sprout-damaged, or otherwise materially damaged.
( e ) *Dockage.* All matter other than barley that can be removed from the original sample by use of an approved device according to procedures prescribed in FGIS instructions. Also, underdeveloped, shriveled, and small pieces of barley kernels removed in properly separating the material other than barley and that cannot be recovered by properly rescreening or recleaning.
( f ) *Foreign material.* All matter other than barley, other grains, and wild oats that remains in the sample after removal of dockage.
( g ) *Frost-damaged kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that are badly shrunken and distinctly discolored black or brown by frost.
( h ) *Germ-damaged kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that have dead or discolored germ ends.
( i ) *Heat-damaged kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that are materially discolored and damaged by heat.
( j ) *Injured-by-frost kernels.* Kernels and pieces of barley kernels that are distinctly indented, immature or shrunken in appearance or that are light green in color as a result of frost before maturity.
( k ) *Injured-by-heat kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that are slightly discolored as a result of heat.
( l ) *Injured-by-mold kernels.* Kernels, pieces of barley kernels containing slight evidence of mold.
( m ) *Mold-damaged kernels.* Kernels, pieces of barley kernels, other grains, and wild oats that are weathered and contain considerable evidence of mold.
( n ) *Other grains.* Black barley, corn, cultivated buckwheat, einkorn, emmer, flaxseed, guar, hull-less barley, nongrain sorghum, oats, Polish wheat, popcorn, poulard wheat, rice, rye, safflower, sorghum, soybeans, spelt, sunflower seed, sweet corn, triticale, and wheat.
( o ) *Plump barley.* Barley that remains on top of a 6 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve after sieving according to procedures prescribed in FGIS instructions.
( p ) *Sieves.* ( 1 ) 5 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve. A metal sieve 0.032 inch thick with slotted perforations 0.0781 (5 ⁄ 64) inch by 0.750 (3 ⁄ 4) inch.
( 2 ) 5- 1 ⁄ 2 6 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve. A metal sieve 0.032 inch thick with slotted perforations 0.0895 (5- 1 ⁄ 2/64) inch by 0.750 (3 ⁄ 4) inch.
( 3 ) 6 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve. A metal sieve 0.032 inch thick with slotted perforations 0.0937 (6 ⁄ 64) inch by 0.750 (3 ⁄ 4) inch.
( q ) *Skinned and broken kernels.* Barley kernels that have one-third or more of the hull removed, or that the hull is loose or missing over the germ, or broken kernels, or whole kernels that have a part or all of the germ missing.
( r ) *Sound barley.* Kernels and pieces of barley kernels that are not damaged, as defined under (d) of this section.
( s ) *Suitable malting type.* Varieties of malting barley that are recommended by the American Malting Barley Association and other malting type(s) used by the malting and brewing industry. The varieties are listed in AMSs instructions.
( t ) *Thin barley.* Thin barley shall be defined for the appropriate class as follows: ( 1 ) *Malting barley.* Six-rowed Malting barley that passes through a 5 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve and Two-rowed Malting barley which passes through a 5.5 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve in accordance with procedures prescribed in AMSs instructions.
( 2 ) *Barley.* Six-rowed barley, Two-rowed barley, or Barley that passes through a 5 ⁄ 64 × 3 ⁄ 4 slotted-hole sieve in accordance with procedures prescribed in AMSs instructions.
( u ) *Wild oats.* Seeds of *Avena fatua* L. and *A. sterilis* L.
[52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987, as amended at 61 FR 18491, Apr. 26, 1996; 82 FR 20543, May 3, 2017]