2006 Minnesota Statutes

17B.041 REVIEW OF 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.
History: 1988 c 688 art 6 s 2; 1995 c 233 art 2 s 56