§ 2-25-103 — Administration

(a) The Department of Agriculture shall adopt rules governing the standards for sampling and grading grain that are consistent with the standards for sampling and grading grain developed by the United States Department of Agriculture. (b) The Department of Agriculture shall certify: (1) Grain dealers that employ grain samplers and graders; and (2) Courses of instruction in the methods of sampling and grading grain. (c) The Department of Agriculture shall issue a certificate to a grain dealer who conducts a course of instruction for sampling and grading grain that is satisfactory to the Department of Agriculture. (d) A grain dealer who issues grades for grain shall: (1) Sample and grade each load of grain delivered by a producer within twenty-four (24) hours of the time the grain is delivered to the grain dealer; and (2) Retain each sample of grain received from a producer that is subject to excessive deductions for grain damage or foreign material. (e) (1) The Department of Agriculture shall promulgate a rule regarding the level of deduction that is excessive for each type of grain. (2) The rule shall: (A) Include the deductions for grain damage or foreign material; (B) Be based upon the numerical grades determined for each type of grain by the United States Department of Agriculture; and (C) Include a provision allowing for variance in the moisture level of a sample, which shall not subject the sample to reinspection. (f) Samples of grain that are subject to excessive deductions shall be retained in separate containers for two (2) days from the date the sample was graded.

Legislative History

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.