2005 Minnesota Statutes

     17B.041 Commissioner to review accuracy of test 
  equipment and test equipment operators. 

    Subdivision 1.    Periodic review; equipment and 
 operators.  The commissioner shall implement, by rule, a 
 program for the periodic review of protein analysis, test 
 weight, dockage testing devices, moisture testing equipment, and 
 other equipment used to determine qualities upon which price is 
 determined, and the operators of the equipment.  If a review is 
 performed by department personnel at the site of the test 
 equipment, the review must consist of the performance of routine 
 tests and analysis on one or more samples of grain by the 
 principal operator of the test equipment. 

    Subd. 2.    Tagging of out-of-compliance test equipment. 
  Personnel of the department who perform an on-site review of 
 test equipment and operators shall prohibit the further use of 
 test equipment that fails to meet and maintain acceptable 
 tolerance levels established by rule. 

    Subd. 3.    Follow-up review upon request.  The 
 commissioner shall arrange for a follow-up review within seven 
 business days of a periodic review if a follow-up review is 
 requested by the test equipment operator. 

    Subd. 4.    Request for commissioner to schedule a review. 
  A purchaser or seller of grain may request the commissioner 
 to perform a review of the test equipment and test equipment 
 operator that is used to test the grain.  A signed request must 
 be submitted to the commissioner and upon receipt of a request, 
 the commissioner shall schedule a review at a reasonable time 
 considering other duties and responsibilities of the department 
 personnel. 

    Subd. 5.    State not liable.  The state is not liable 
 to a seller or purchaser of grain for losses resulting from 
 erroneous tests or analysis by test equipment or test equipment 
 operators, whether reviewed by the department or not, if the 
 commissioner and the department have exercised due care in the 
 scheduling and conduct of reviews under subdivisions 1 and 3. 

    HIST: 1988 c 688 art 6 s 2; 1995 c 233 art 2 s 56