Wyo. Code R. 010-0005-58
General Agency, Board or Commission Rules
Chapter 58: Commodity Certification Regulations
Effective Date: 11/01/2018 to 02/14/2024
Rule Type: Superceded Rules & Regulations
Reference Number: 010.0005.58.11012018
Pursuant to authority vested in the Wyoming Department of Agriculture (WDA) by Wyoming Statute § 11-43-101 the following regulations are hereby promulgated and adopted.
These rules pertain to the sampling and grading of commodities covered under the United States Agricultural Marketing Act (AMA) and associated costs to cover the cost of administering an inspection program.
(a) 'Licensed Inspector' means an employee of the WDA who is licensed by FGIS to inspect and grade AMA commodities in accordance with United States Department of Agriculture (USDA) standards.
(b) 'Licensed Sampler' means an employee of the Wyoming Department of Agriculture 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) 'Submitted sample' means a sample submitted for grading that was not collected by a licensed inspector or licensed sampler.
(e) 'FGIS' means Federal Grain Inspection Service.
(f) 'Condition of Container' means the process of inspection of a shipping container and/or carrier, by a licensed inspector, to determine its suitability for the sanitary transportation of a commodity.
(g) '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.
(h) '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.
(i) 'Check Loading' means the process of counting individual sacks, cartons, totes, etc. by a licensed inspector as per FGIS standards to ensure the amount loaded and that the shipping container/carrier remains suitable to receive the commodity and that the condition of the commodity being loaded does not change.
(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.
(k) 'Grade Certificate' means an official certificate issued by a licensed inspector for an official or submitted sample.
(l) 'Normal working hours' means Monday through Friday, 8 am – 5 pm, excluding holidays observed by the State Of Wyoming.
(m) 'Overtime hours' means any time other than normal working hours.
(a) $10.00 for each condition of container check weighing or check loading inspections.
(b) $20.00 for each official sample and sanitation inspection.
(c) $50.00 for each grade certificate.
(d) Mileage and hourly rates will not be charged for activities performed during normal working hours.
(e) Mileage and hourly rates for overtime hours will be charged as follows:
(i) Mileage will be charged in accordance with W.S. § Ann. 9-3-103.
(ii) Hourly rates will be charged at $35.00 per hour for all travel and inspection times in addition to mileage and normal fees.
(iii) Hourly rates shall be charged and billed only in whole hour increments.
(f) All fees shall be billed annually on June 30.
(g) 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.
(h) 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.
(i) All fees include any FGIS user fees, postage and shipping as required.