Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 199-H.F.No. 1120 
           An act relating to grain grading and testing; 
          providing that state grades and test results may be 
          the basis for market price; amending Minnesota 
          Statutes 1986, section 17B.05. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 17B.05, is 
amended to read:  
    17B.05 [DISPUTES ON GRADES, DOCKAGE; STATE ARBITRATION.] 
    If any dispute or a disagreement arises between the a 
person receiving and the a person delivering grain in this state 
as to the proper grade or, dockage, moisture content, protein 
content, or both, other factors used in establishing the market 
price of such the grain, an average sample of at least three 
quarts of said the grain in dispute may be taken by either or 
both of the parties interested.  Said sample or The commissioner 
shall prescribe a procedure for taking samples and having the 
samples shall be certified to by both the owner and receiver 
person receiving and the person delivering the grain as being 
true samples of the grain in dispute on the day upon which the 
grain is delivered and sampled.  Such Samples shall must be 
forwarded prepaid in a suitable air-tight container containers, 
with the names and address addresses of both parties the person 
receiving and the person delivering the grain, to the head of 
the grain inspection program division of the Minnesota 
department of agriculture who shall, upon request,.  The head of 
the grain inspection division shall examine said grain samples 
submitted, and adjudge what determine the proper grade or, 
dockage, moisture content, protein content, or both, said and 
other factors used in establishing the market price of the 
samples of grain are entitled to under in accordance with the 
inspection rules and the standards established by the United 
States Department of Agriculture and the state of Minnesota.  
The test results must be based on the arithmetic mean of the 
samples submitted.  If a person requesting the inspection asks 
for determination of some but not all of the factors that affect 
market price, the department shall perform only the requested 
tests on the samples.  Before the results of the inspection are 
released to the A person requesting the inspection, said person 
shall make payment of must pay the required fee before the 
results of the inspection are released.  The fee charged shall 
must be the same as that required for similar services rendered 
by the grain inspection program division.  Payment for the grain 
involved in a disagreement must be made on the basis of grade, 
dockage, moisture content, protein content, and other market 
pricing factors certified by the department on samples 
submitted.  An appeal of the determination made by the 
department may be made as provided under the United States Grain 
Standards Act, United States Code, title 7, section 79, 
subsection (c), and the Code of Federal Regulations, title 7, 
sections 800.125 to 800.140.  A person receiving or delivering 
grain that is subject to this section is liable for damages 
resulting from not abiding by the determination made by the 
department.  A person who violates this section is subject to 
penalties prescribed in section 17B.29. 
    Approved May 21, 1987