PURPOSE: The director of the Department of Agriculture is authorized to establish all necessary and reasonable regulations and fees for sampling grain whenever the value of grain is established by analysis of a sample drawn by the buyer or his/her representative. This rule establishes a method that will allow the seller that is dissatisfied with the buyer’s grade to obtain an official analysis of his lot of grain from an official grain inspection laboratory of the Department of Agriculture.
- (1) Each buyer shall post notice of services and fees. This notice will be posted in view of the seller and shall be furnished by the Grain Inspection and Warehousing Division.
- (2) Grain shall be drawn from each container in a representative manner by the means of a grain trier, pelican or mechanical sampler as recommended in the United States Grain Standards Act.
- (3) The sample shall be divided into equal parts by the means of a grain divider as recommended in the United States Grain Standards Act.
- (4) An identification card shall be completed by the buyer and shall accompany all samples submitted to an official inspection agency. The Grain Inspection and Warehousing Division will supply cards to buyers.
- (5) When necessary, an employee of the Department of Agriculture, designated by the director, shall be allowed to supervise the sampling and splitting procedures, which also includes check testing the equipment used in this process. S/he shall submit written comments to the buyer as to his/her findings in order to insure proper procedures and handling.
- (6) Certification of grade will be mailed immediately to the seller by the official inspection agency on completion of analysis. A billing statement will accompany each certificate of grade mailed to the seller to facilitate payment.
- (7) The fee for this service shall be the same as the submitted sample inspection fee currently established in the schedule of fees of 2 CSR 60-2
the Grain Inspection and Warehousing Division and is subject to change by the director under section 411.150, RSMo.
- (8) These rules shall be in effect until January 1, 1979 unless they have been renewed prior to that date by the director, provided however, that termination of those rules shall not have the effect of terminating a proceeding to enforce these rules with respect to conduct prior to July 1, 1976.
AUTHORITY: section 265.505, RSMo 1986. Original rule filed Oct. 14, 1976, effective Jan. 14, 1977.* Op. Atty. Gen. No. 15, 4-13-78. The Director of the Department of Agriculture may set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each location, so long as the revenue produced from the fees meet the expenses of administering chapter 411 (RSMo) in a statewide basis or at each location. *Original authority: 265.505, RSMo 1975.