[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Rules and Regulations]
[Pages 36279-36283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17359]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 201

RIN 0580-AA44


Regulations and Statements of General Policy Issued Under the 
Packers and Stockyards Act

AGENCY: Grain Inspection, Packers and Stockyards Administration 
(GIPSA), USDA.

ACTION: Final rule.

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SUMMARY: As part of GIPSA's efforts to review and streamline its 
regulations, proposed amendments to rules issued under the Packers and 
Stockyards Act (7 U.S.C. 181 et seq.) were published in the Federal 
Register (60 FR 29506) on June 5, 1995, and identified as Group II. 
This document adopts proposed changes which modify six trade practice 
regulations and retains seven regulations and seven statements of 
general policy in their present form.

EFFECTIVE DATE: August 9, 1996.

FOR FURTHER INFORMATION CONTACT: Daniel Van Ackeren, Director, 
Livestock Marketing Division, 202-720-6951, or Tommy Morris, Director, 
Packer and Poultry Division, 202-720-7363.

SUPPLEMENTARY INFORMATION: In response to the proposed rule published 
in the Federal Register (60 FR 29506), the Agency received comments 
from four organizations and two companies.
    Although the Agency did not propose any changes to Sec. 201.43, a 
poultry growers association suggested that a new paragraph be added to 
Sec. 201.43 to require live poultry dealers to maintain certain records 
for flock placements. After considering the comment, the Agency has 
concluded that this regulation will be retained in its present form. 
The Agency believes that Sec. 401 of the P&S Act adequately addresses 
the issue of record maintenance.
    The Agency received three comments regarding Sec. 201.49. A 
livestock trade association agrees with the proposed amendment. A major 
hog slaughterer suggests that records be retained for lot summaries 
instead of individual

[[Page 36280]]

weights. They feel that the volume of the records for the individual 
weights would be too impractical to maintain. A cattle producers 
association stated that this regulation is consistent with its policy.
    As proposed, Sec. 201.49 (a) will be amended to specifically state 
that all scales used to purchase livestock on a dressed weight basis be 
equipped with printing devices. The Agency will amend subsection (b) of 
Sec. 201.49 to require weighmaster identification on executed poultry 
scale tickets that is uniform with identification required by livestock 
weighers.
    The cattle producers association suggested that the Agency closely 
monitor Sec. 201.53 and help to ensure that information released to the 
beef industry is accurate and timely. After considering the comment, 
the Agency has concluded that this regulation will be retained in its 
present form. The Agency believes this regulation adequately addresses 
the importance of accurate information.
    No comments were received regarding the proposed amendment to 
Sec. 201.55 to include the purchase, sale, acquisition and settlement 
of live poultry.
    The Agency received two comments regarding Sec. 201.71. One 
livestock trade association and a livestock producers association 
agreed with the proposed amendment. As proposed, Sec. 201.71(a) will be 
amended to incorporate by reference the 1996 edition of the National 
Institute of Standards and Technology (NIST) Handbook 44. Section 
201.71(b) will be amended to require that scales used to purchase 
livestock on a carcass weight basis be equipped with printing devices.
    The Agency received a comment regarding Sec. 201.73-1 from a 
livestock trade association agreeing with the technical change to this 
section. The Agency will change Sec. 201.73-1 to more accurately 
reflect where forms are available and where they are to be filed.
    One hog slaughterer suggested that Sec. 201.76 be clarified to 
state that any reweighing of livestock be requested immediately. They 
also pointed out that the reweighing of dressed livestock would be 
impossible after carcasses have cleared the hot scale and entered the 
cooler. After considering the comment, the Agency has concluded that 
this regulation will be retained in its present form. The Agency 
believes immediate reweighing can be accomplished using other packer-
owned monorail scales installed before, after or in rail-around areas 
near the kill floor scale. Where other scales are not available, 
reweighing can be accomplished by using an Agency-owned portable 
monorail scale.
    The Agency received a comment from a livestock trade association 
regarding Sec. 201.98 agreeing with the proposed amendment. As 
proposed, Sec. 201.98 will be amended by adding the wording, ``unless 
the charge is for services mandated by law or statute.''
    The Agency received two comments regarding Sec. 201.100. A poultry 
growers association suggested that paragraph (d) be amended by adding a 
clause prohibiting persons who are employees and raise poultry under a 
poultry growing arrangement for the same live poultry dealer that 
employs them from being included in a grouping or ranking of non-
employee growers. A farm association commented that this section is 
badly needed to make contract growing fair for all growers. After 
considering the comments, the Agency concluded that this regulation 
will be retained in its present form. Inclusion of employee growers in 
a grouping or ranking of all growers is not a violation of the P&S Act 
unless they are treated favorably over non-employee growers. The Agency 
has authority to address preferential or discriminatory treatment under 
section 202 of the P&S Act.
    No comments were received regarding the proposed amendment to 
Sec. 201.108-1. As proposed, Sec. 201.108-1 will be amended by 
incorporating instructions for weighing live poultry on electronic 
scales with digital readouts.
    As proposed, each of the following regulations and statements of 
general policy will be retained in its present form:

Sec.
201.53  Persons subject to the Act not to circulate misleading 
reports about market conditions or prices.
201.69  Furishing information to competitor buyers.
201.70  Restriction or limitation of competition between packers and 
dealers prohibited.
201.73  Scale operators to be qualified.
201.76  Reweighing.
201.100  Records to be furnished poultry growers and sellers.
201.200  Sale of livestock to a packer on credit.
203.2  Statement of general policy with respect to the giving by 
meat packers of meat and other gifts to Government employees.
203.4  Statement with respect to the disposition of records by 
packers, live poultry dealers, stockyard owners, market agencies and 
dealers.
203.7  Statement with respect to meat packer sales and purchase 
contracts.
203.15  Trust benefits under sections 206 and 207 of the Act.
203.16  Mailing of checks in payment for livestock purchased for 
slaughter, for cash and not on credit.
203.18  Statement with respect to packers engaging in the business 
of custom feeding livestock.
203.19  Statement with respect to packers engaging in the business 
of livestock dealers or buying agencies.

    In the process of reviewing these regulations, it was determined 
that they were necessary for the efficient and effective enforcement of 
the P&S Act and for the orderly conduct of the marketing system. The 
absence of any of the regulations would be detrimental to the industry 
and could result in increased litigation.
    The Agency received a comment from a farm association regarding 
Sec. 203.4. This policy statement notifies persons subject to the P&S 
Act that certain records may be disposed of after a specific period of 
time. It also states that the Deputy Administrator may require that 
records be retained for a longer period pending completion of an 
investigation. The policy statement advises that if records are 
disposed of before the specified periods, the Agency will consider 
taking formal action. The farm association suggested that records be 
retained for three (3) years or more. After considering the comment, 
the Agency has concluded that this policy will be retained in its 
present form. The two year retention schedule provided in this section 
has not caused problems in administering the provisions of the P&S Act. 
Further, the Agency has the authority to require that records be 
retained for longer periods when deemed necessary.
    The Agency received a comment from a cattle producers association 
regarding Sec. 203.18. This policy statement notifies packers that 
ownership or operation of custom feedlots may, under certain 
circumstances, result in a conflict of interest or anticompetitive 
violations. It suggests packers consult with the Agency before 
commencing such activity. The association urges the Agency to closely 
scrutinize this policy statement. Current authority under the P&S Act 
is sufficient to allow the Agency to review any arrangement that may 
result in an unfair practice or advantage. A per se prohibition of 
these type of arrangements can only be achieved by legislative action 
to amend the P&S Act. For these reasons, no changes are being made in 
Sec. 203.18. The Agency will continue to evaluate these types of 
arrangements on a case-by-case basis.
    The Agency received a comment regarding Sec. 203.19 from a 
livestock trade association. The association proposed

[[Page 36281]]

that this section be amended to prohibit packers and their employees or 
agents engaged in the business of a buying agency from purchasing and 
reselling classes or species of livestock which are not part of their 
main business activity as a packer. The Agency will not make changes to 
Sec. 203.19 at this time, but will continue to evaluate each such 
arrangement on a case-by-case basis. As a practical matter, most 
packers consult with the Agency before entering into such arrangements. 
Amending this rule to require such consultation does not appear 
necessary. Attempting to shift the burden of proof that the arrangement 
does not restrain trade would not relieve the Agency of the 
responsibility to investigate and make a factual determination.
    The changes in Secs. 201.49, 201.55, 201.71, 201.73-1, 201.98, and 
201.108-1 do not impose or change any recordkeeping or information 
collection requirements. Existing requirements in these regulations 
have been previously approved by OMB under Control No. 0590-0001.
    As provided by the Regulatory Flexibility Act, it is hereby 
certified that these amended rules will not have a significant economic 
impact on a substantial number of small entities and a statement 
explaining the reasons for the certification is set forth in the 
following paragraph and is being provided to the Chief Counsel for 
Advocacy of the Small Business Administration.
    While these amended rules impact small entities, they will not have 
a significant economic impact on any entity, large or small. The 
primary effect of the changes in Secs. 201.49 and 201.71 is to require 
that when livestock is purchased on the basis of carcass weight, the 
scale used on such purchases be equipped with a printer. The primary 
effect of the change in Sec. 201.55 is to require that when poultry is 
bought, sold, acquired, or settled on a weight basis, the actual weight 
on the scale ticket be used for such purposes, as is currently required 
for livestock. The primary effect of the change in Sec. 201.73-1 is to 
make a technical change in the name of the Agency pursuant to Public 
Law 103-354, the Federal Crop Insurance Reform and the Department of 
Agriculture's Reorganization Act of 1994. The primary effect of the 
change in Sec. 201.98 is to allow packers and dealers to charge for 
services that are mandated by law or statute. The primary effect of the 
change in Sec. 201.108-1 is to update the regulation.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by OMB. 
These amendments do not impose any new paperwork requirements and do 
not have implications of Federalism under the criteria of E.O. 12612.
    These amendments have been reviewed under E.O. 12778, Civil Justice 
Reform, and are not intended to have retroactive effect. These 
amendments will not pre-empt State or local laws, regulations, or 
policies unless they present an irreconcilable conflict with this 
amendment. Prior to judicial challenge of the amendment to rule, a 
party must first be found by the Secretary to be in violation of the 
P&S Act and in violation of the accompanying regulations. Second, the 
party must appeal that finding and the validity of the regulation to 
the Secretary in the course of the administrative proceeding. Only 
after taking these steps, may the party challenge the regulation in a 
court of competent jurisdiction.

List of Subjects in 9 CFR Part 201

    Reporting and recordkeeping requirements, Stockyards, Trade 
practices, Incorporation by reference.

    Done at Washington, D.C., this 1st day of July 1996.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
    For the reasons set forth in the preamble, 9 CFR Part 201 is 
amended to read as follows:
    1. The authority citation for Part 201 continues to read as 
follows:

    Authority: 7 U.S.C. 204, 228; 7 CFR 2.17(e), 2.56.

    2. Section 201.49 is revised to read as follows:


Sec. 201.49  Requirements regarding scale tickets evidencing weighing 
of livestock and live poultry.

    (a) Livestock. When livestock is weighed for the purpose of 
purchase or sale, a scale ticket shall be issued which shall be 
serially numbered and used in numerical sequence. Sufficient copies 
shall be executed to provide a copy to all parties to the transaction. 
In instances where the weight values are automatically recorded 
directly on the account of purchase, account of sale or other basic 
record, this record may serve in lieu of a scale ticket. When livestock 
is purchased on a carcass weight or carcass grade and weight basis, the 
hot carcass weights shall be recorded using a scale equipped with a 
printing device, and such printed weights shall be retained as part of 
the person or firm's business records to substantiate settlement on 
each transaction. Scale tickets issued under this section shall show:
    (1) The names and location of the agency performing the weighing 
service,
    (2) The date of the weighing;
    (3) The name of the buyer and seller or consignor, or a designation 
by which they may be readily identified;
    (4) The number of head;
    (5) Kind of livestock;
    (6) Actual weight of each draft of livestock; and
    (7) The name, initials, or number of the person who weighed the 
livestock, or if required by State law, the signature of the weigher.
    (b) Poultry. When live poultry is weighed for the purpose of 
purchase, sale, acquisition, or settlement by a live poultry dealer, a 
scale ticket shall be issued which shall show:
    (1) The name of the agency performing the weighing service;
    (2) The name of the live poultry dealer;
    (3) The name and address of the grower, purchaser, or seller;
    (4) The name or initials or number of the person who weighed the 
poultry, or if required by State law, the signature of the weigher;
    (5) The location of the scale;
    (6) The gross weight, tare weight, and net weight;
    (7) The date and time gross weight and tare weight are determined;
    (8) The number of poultry weighed;
    (9) The weather conditions;
    (10) Whether the driver was on or off the truck at the time of 
weighing; and
    (11) The license number of the truck or the truck number; provided, 
that when live poultry is weighed on a scale other than a vehicle 
scale, the scale ticket need not show the information specified in 
paragraphs (b)(9)-(11) of this section. Scale tickets issued under this 
paragraph shall be at least in duplicate form and shall be serially 
numbered and used in numerical sequence. One copy shall be furnished to 
the grower, purchaser, or seller, and one copy shall be furnished to or 
retained by the live poultry dealer.

(Approved by the Office of Management and Budget under control 
number 0590-0001.)

    3. Section 201.55 is revised to read as follows:


Sec. 201.55  Purchases, sales, acquisitions, and settlements to be made 
on actual weights.

    When livestock or live poultry is bought, sold, acquired, or 
settled on a weight basis, settlement therefor shall be on the basis of 
the actual weight on the scale ticket. If the actual weight used is not 
obtained on the date and at the

[[Page 36282]]

place of transfer of possession, this information shall be disclosed 
with the date and location of the weighing on the accountings, bills, 
or statement issued. Any adjustment to the actual weights shall be 
fully and accurately explained on the accountings, bills, or statements 
issued and records shall be maintained to support such adjustment.

(Approved by the Office of Management and Budget under control 
number 0590-0001.)

    4. Section Sec. 201.71 (a) and (b) is revised to read as follows:


Sec. 201.71  Scales, accurate weights, repairs, adjustments or 
replacements after inspection.

    (a) All scales used by stockyard owners, market agencies, dealers, 
packers, and live poultry dealers to weigh livestock, livestock 
carcasses, or live poultry for the purpose of purchase, sale, 
acquisition, or settlement shall be installed, maintained, and operated 
to insure accurate weights. Such scales shall meet applicable 
requirements contained in the General Code, Scale Code, and Weights 
Code of the 1996 edition of National Institute of Standards and 
Technology Handbook 44, ``Specifications, Tolerances, and Other 
Technical Requirements for Weighing and Measuring Devices,'' which is 
hereby incorporated by reference. This incorporation by reference was 
approved by the Director of the Federal Register on January 11, 1989. 
These materials are incorporated as they exist on the date of approval 
and a notice of any change in these materials will be published in the 
Federal Register. This handbook is for sale by the Superintendent of 
Documents, U.S. Government Printing Office, Washington, D.C. 20402. It 
is also available for inspection at the Office of the Federal Register 
Information Center, 800 North Capitol Street, N.W., suite 700, 
Washington, D.C. 20408.
    (b) All scales used by stockyard owners, market agencies dealers, 
packers, and live poultry dealers to weigh livestock or live poultry 
for the purpose of purchase, sale, acquisition, or settlement and all 
scales used for the purchase, sale, acquisition, or settlement of 
livestock on a carcass weight basis shall be equipped with a printing 
device which shall be used for recording weight values on a scale 
ticket or other document used for this purpose.
    5. Section Sec. 201.73-1 introductory text is revised to read as 
follows:


Sec. 201.73-1  Instructions for weighing livestock.

    Stockyard operators, market agencies, dealers, and packers who 
operate scales on which livestock is weighed in purchase or sales 
transactions are responsible for the accurate weighing of such 
livestock. They shall supply copies of the instructions in this section 
to all persons who perform weighing operations for them and direct such 
person to familiarize themselves with the instructions and to comply 
with them at all times. This section shall also apply to any additional 
weighers who are employed at any time. Weighers must acknowledge their 
receipt of these instructions and agree to comply with them, by signing 
in duplicate, P&SA Form 215 provided by the Packers and Stockyards 
Programs. One copy of the form is to be filed with a regional office of 
the Packers and Stockyards Programs and the other retained by the 
agency employing the weighers.
    6. Section Sec. 201.98 is revised to read as follows:


Sec. 201.98  Packers and dealers not to charge, demand, or collect 
commission, yardage, or other service charges.

    No packer or dealer shall, in connection with the purchase of 
livestock in commerce, charge, demand, or collect from the seller of 
the livestock any compensation in the form of commission, yardage, or 
other service charge unless the charge is for services mandated by law 
or statute and is not inconsistent with the provisions of the Act.
    7. Section Sec. 201.108-1 introductory paragraph and paragraphs, 
(a) and (c)-(f) are revised to read as follows:


Sec. 201.108-1  Instructions for weighing live poultry.

    Live poultry dealers who operate scales on which live poultry is 
weighed for purposes of purchase, sale, acquisition, or settlement are 
responsible for the accurate weighing of such poultry. They shall 
supply copies of the instructions in this section to all persons who 
perform weighing operations for them and direct such persons to 
familiarize themselves with the instructions and to comply with them at 
all times. This section shall also apply to any additional weighers who 
are employed at any time. Weighers must acknowledge their receipt of 
these instructions and agree to comply with them by signing in 
duplicate, a form provided by the Packers and Stockyards Programs, 
Grain Inspection, Packers and Stockyards Administration. One copy of 
this form is to be filed with a regional office of the Packers and 
Stockyards Programs, Grain Inspection, Packers and Stockyards 
Administration and the other copy retained by the Agency employing the 
weighers. The following instructions shall be applicable to the 
weighing of live poultry on all scales, except that paragraph (c)(1) of 
this section is only applicable to the weighing of live poultry on 
vehicle scales.
    (a) Balancing the empty scale. (1) The scale shall be maintained in 
zero balance at all times. The empty scale shall be balanced each day 
before weighing begins and thereafter its zero balance shall be 
verified before any poultry is weighed. In addition, the zero balance 
of the scale shall be verified whenever a weigher resumes weighing 
duties after an absence from the scale.
    (2) Before balancing the empty scale, the weigher shall notify 
parties outside the scale house of his/her intention and shall be 
assured that no persons or vehicles are in contact with the platform. 
When the empty scale is balanced and ready for weighing, the weigher 
shall so indicate by appropriate signal.
    (3) Weighbeam scales shall be balanced by first seating each poise 
securely in its zero notch and then moving the balance ball to such 
position that a correct zero balance is obtained. A scale equipped with 
a balance indicator is correctly balanced when the indicator comes to 
rest in the center of the target area. A scale not equipped with a 
balance indicator is correctly balanced if the weighbeam, when released 
at the top or bottom of the trig loop, swings freely in the trig loop 
in such manner that it will come to rest at the center of the trig 
loop.
    (4) Dial scales shall be balanced by releasing all drop weights and 
operating the balance ball or other balancing device to obtain a 
correct zero balance. The indicator must visibly indicate zero on the 
dial reading face and the ticket printer must record a correct zero 
balance. ``Balance tickets'' shall be filed with other scale tickets 
issued on that date.
    (5) Electronic digital scales should be properly warmed up before 
use. In most cases it is advisable to leave the electric power on 
continuously. The zero balance shall be verified by recording the zero 
balance on a scale ticket. The main indicating element and the remote 
visual weight display shall indicate zero when the balance is verified. 
The proper procedure for balancing this type of scale will vary 
according to the manufacturer. Refer to the operator's manual for 
specific instructions.
    (6) A balance ball or other balancing device shall be operated only 
when balancing the empty scale and shall not be operated at any time or 
for any other purpose.

[[Page 36283]]

    (7) The time at which the empty scale is balanced or its zero 
balance verified shall be marked on scale tickets or other permanent 
records.
* * * * *
    (c) Weighing the load. (1) Vehicle scales used to weigh live 
poultry shall be of sufficient length and capacity to weigh an entire 
vehicle as a unit; provided, that a trailer may be uncoupled from a 
tractor and weighed as a single unit. Before weighing a vehicle, either 
coupled or uncoupled, the weigher shall be assured that the entire 
vehicle is on the scale platform and that no persons are on the scale 
platform.
    (i) On a weighbeam scale with a balance indicator the weight of a 
vehicle shall be determined by moving the poises to such positions that 
the indicator will come to rest within the central target area.
    (ii) On a weighbeam scale without a balance indicator the weight 
shall be determined by moving the poises to such positions that the 
weighbeam, when released from the top or bottom of the trig loop, will 
swing freely in the trig loop and come to rest at the approximate 
center of the trig loop.
    (iii) On a dial scale the weight of a vehicle is indicated 
automatically when the indicator revolves around the dial face and 
comes to rest.
    (iv) On an electronic digital scale the weight of a vehicle is 
indicated automatically when the weight value indicated is stable.
    (2) The correct weight is the value in pounds indicated by a 
weighbeam, dial or digital scale when a stable load balance is 
obtained. In any case, the weigher should concentrate on the beam tip, 
balance indicator, dial or digital indicator while weighing and not be 
concerned with reading the visible weight indications until a stable 
load balance is obtained. On electronic digital scales, the weigher 
should concentrate on the pulsing or flickering of weight values to 
assure that the unit indicates a stable weight before activating the 
print button.
    (d) Recording the weight. (1) The gross or tare weight shall be 
recorded immediately after the load balance is obtained and before any 
poises are moved or load removed from the scale platform. The weigher 
shall make certain that the printed weight record agrees with the 
weight value visibly indicated on the weighbeam, dial or digital 
indicator when correct load balance is obtained. The weigher shall also 
assure that the printed weight value is sufficiently distinct and 
legible.
    (2) The weight printing device on a scale shall be operated only to 
produce a printed or impressed record of the weight while the load is 
on the scale and correctly balanced. If the weight is not printed 
clearly and correctly, the ticket shall be marked void and a new one 
printed before the load is removed from the scale.
    (e) Weigher's responsibilities. (1) The primary responsibility of a 
weigher is to determine and record the true weight of live poultry 
without prejudice or favor to any person or agency and without regard 
for poultry ownership, price, condition, shrink, or other 
considerations. A weigher shall not permit the representations or 
attitudes of any persons or agencies to influence their judgment or 
action in performing his/her duties.
    (2) Scale tickets issued shall be serially numbered and used in 
numerical sequence. Sufficient copies shall be executed to provide a 
copy to all parties to the transaction. Unused scale tickets or those 
which are partially executed shall not be left exposed or accessible to 
other parties. All such tickets shall be kept under lock when the 
weigher is not at his duty station.
    (3) Accurate weighing and weight recording require that a weigher 
shall not permit operations to be hurried to the extent that inaccurate 
weights or incorrect weight records may result. The gross, tare and net 
weights must be determined accurately to the nearest minimum 
graduation. Manual operations connected with balancing, weighing, and 
recording shall be performed with the care necessary to prevent damage 
to the accurately machined and adjusted parts of weighbeams, poises, 
and printing devices. Rough handling of these parts shall be avoided.
    (4) Poultry growers, live poultry dealers, sellers, or others 
having legitimate interest in a load of poultry are entitled to observe 
the balancing, weighing, and recording procedures. A weigher shall not 
deny such persons that right or withhold from them any information 
pertaining to the weight. The weigher shall check the zero balance of 
the scale or reweigh a load of poultry when requested by such parties 
or duly authorized representatives of the administrator.
    (f) General precautions. (1) The poises of weighbeam scales are 
carefully adjusted and sealed to a definite weight at the factory and 
any change in that weight seriously affects weighing accuracy. A 
weigher, therefore, shall observe if poise parts are broken, loose or 
lost or if material is added to a poise and shall report any such 
condition to his/her superior or employer. Balancing or weighing shall 
not be performed while a scale ticket is in the slot of a weighbeam 
poise.
    (2) Stops are provided on scale weighbeams to prevent movement of 
poises back of the zero graduation when balancing or weighing. When the 
stops become worn or broken and allow a poise to be set behind the zero 
position, this condition must be reported by the weigher to their 
superior or employer and corrected without delay.
    (3) Motion detection circuits are a part of electronic scales. They 
are designed to prevent the printing of weight values if the load has 
not stabilized within prescribed limits. The weighmaster's duty is to 
print the actual weight of the load within these limits. This requires 
printing the actual weight of the load, not one of the other weights 
that may be within the motion detection limits.
    (4) Foreign objects or loose material in the form of nuts, bolts, 
washers, or other material on any part of the weighbeam assembly, 
including the counter-balance hanger or counter-balance weights, are 
potential sources of weighing error. Loose balancing material must be 
enclosed in the shot cup of the counter-balance hanger and counter-
balance weights must not be of the slotted type which can readily be 
removed.
    (5) Whenever, for any reason, a weigher has reason to believe that 
a scale is not functioning properly or not yielding correct weight 
values, the weigher shall discontinue weighing, report the facts to the 
parties responsible for scale maintenance and request inspection, test 
or repair of the scale.
    (6) When a scale has been adjusted, modified, or repaired in any 
manner which can affect the accuracy of weighing or weight recording, 
the weigher shall not use the scale until it has been tested and 
inspected and found to be accurate.

[FR Doc. 96-17359 Filed 7-9-96; 8:45 am]
BILLING CODE 3410-EN-P