Wyo. Code R. 010-0005-58
General Agency, Board or Commission Rules
Chapter 58: Commodity Certification Regulations
Effective Date: 02/14/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.58.02142024
Pursuant to Wyoming Statute §§ 11-2-202 and 11-43-101, the Wyoming Department of Agriculture (WDA) promulgates these regulations.
These regulations pertain to the sampling and inspection of commodities covered under the United States Agricultural Marketing Act (AMA) and associated costs to cover the cost of administering the program.
(a) 'Licensed inspector' means an employee of the WDA who is licensed by FGIS to sample and inspect AMA commodities in accordance with United States Department of Agriculture (USDA) standards.
(b) 'Licensed sampler' means an employee of the WDA who is licensed by FGIS to sample and perform all other associated activities (excluding grading) pertaining to the shipment of AMA commodities in accordance with USDA standards.
(c) 'Official sample' means a sample collected by a licensed inspector or licensed sampler.
(d) 'FGIS' means Federal Grain Inspection Service.
(e) 'Condition of container' means the process of inspection of a shipping container or carrier, by a licensed inspector, to determine its suitability for the sanitary transportation of a commodity.
(f) 'Check counting' means the process of determining the total number of filled containers in a lot in order to determine that the number of containers shown by an applicant is correct and certifying the results.
(g) 'Check weighing' means the process of weighing a selected number of random containers from a lot, determining the estimated total gross, tare and net weight or the estimated average gross or net weight per filled container and certifying the results.
(h) 'Check loading' means the process of counting individual sacks, cartons, totes, etc. by a licensed inspector as per FGIS standards to ensure that the correct amount was loaded, that the shipping container or carrier remains suitable to receive the commodity, and that the condition of the commodity being loaded does not change.
(i) 'Insects in grain inspection' means the process of sampling an appropriate number of containers and inspecting the withdrawn AMA commodity to determine if there are insects present and then certifying the results.
(j) 'Sanitation inspection' means a physical walk through and inspection by a licensed inspector of a plant, mill, storage building, etc., including all associated outside areas, to ensure that the facility and processed products are handled and stored in a sanitary manner.
(a) $9.50 for each condition of container, check weighing inspection, or check loading inspections.
(b) $19.00 for each official sample drawn, insects in grain inspection, and sanitation inspection.
(c) 4% commodity cooperative service agreement fee charged for services performed under subsections (a) and (b).
(d) All fees shall be billed annually on June 30.
(e) The WDA may send a monthly activity sheet to each customer that has requested services, identifying what services were performed and showing the current outstanding portion of any bill that a customer may have. A customer may choose to pay off any outstanding portion of any bill prior to the annual billing date.
(f) Failure to pay the WDA within 90 days of the annual billing date may result in the WDA denying service until all fees for services are remitted.