209-01-19 Ark. Code R. § 3

Current through Register Vol. 49, No. 7, July, 2024

Rule 209.01.19-003 - Granding and Sampling of Com, Soybeans and Wheat

ARKANSAS DEPARTMENT OF AGRICULTURE GRAIN GRADING RULE PUBLIC COMMENT SUMMARY

NAME	FOR/AGAINST	COMMENT	AGENCY RESPONSE
Wilma Carlock	Against	Why are we doing this since the Federal Government already has standards in place? And if we are setting standards, why is it only for soybeans, wheat, and corn?	Act 795 requires the agency to adopt standards consistent with the federal standards. Act 795 only addresses soybeans, wheat, and corn.
Arkansas Farm Bureau	Primarily "for" Requests one addition	Requests that aflatoxin screening be required in grading corn and that samples containing 20ppb or more be held for further testing and grading	The rule sets the level for holding samples at 4% damage. This level already allows for a greater percentage of corn samples to be held and retested than for soybeans.
National Grain and Feed Association and Midsouth Grain Association	Against	Section II.C.: Rule should provide that the Department only approve general criteria for training to offer more flexibility in certification of training. Requests that courses be approved by the Department within 7 days, and allow 120 days for implementation	The Department plans to be flexible in working with industry partners to implement Legislative intent. However, the Department believes the intent was implementation by this year's harvest season.
		Section II. B.: Believes it is "inappropriate" to define "excessive deductions" based on damage levels. States that damage is usually not a "significant determinate" of discounts for corn.	The Department met with several industry partners and the definition was developed in agreement with those Arkansas industry partners.
		Section IV.: Believes it is unreasonable for certifications to be renewed on a yearly basis. Requests that certificates remain valid until employees are no longer employed with the grain dealer.	There is no cost for either the initial certification or renewal. The certification is for the dealer, specifically for course of Instruction, not the employee.
		Section II.: Recommends changing "official grade" to "governing grade" to be consistent with Federal Grain Inspection Service (FGIS) rules.	The phrase "official grade" is used only in a heading, and not in the body of the rule. The rule will be implemented consistent with federal standards and rules.
		Suggests inspectors for the Department receive certification from FGIS.	This is not a comment on the rule, but the Department will ensure that its Inspectors are qualified.
		Section IV.B.: Suggests that decisions of whether a grain dealer is placed on probation not be based on tests results, but on whether the sampler is performing in conformance with FGIS procedures and the training provided. Urges the Department to issue guidance on offenses that could result in probation.	The law requires that probationary decisions be based on whether samples of graded grain are taken "in a manner consistent with the standards adopted by the department." Grain dealers are encouraged to contact the Department regarding any matters on which they have questions.

GRADING AND SAMPLING OF CORN, SOYBEANS AND WHEAT

I.Definitions. As used in this rule:

A. "Department" means the Arkansas Department of Agriculture.

B. "Excessive Deductions" as used in A.C.A. § 2-25-101 et seq., means deductions for grain that is graded as having more than four percent (4%) total damage.

B. "Grain" means corn, soybeans and wheat.

C. "Grain Dealer" means a Grain Dealer that employs a Grain Sampler or Grader and receives grain from a grain producer and sells or distributes grain commercially.

D. "USDA" means the United States Department of Agriculture.

II.Elevators: Official Grades and Sampling

A. All grain shall be graded and sampled in accordance with official USDA grading standards, as detailed in The Official United States Standards for Grain handbook. Procedures that result in equivalent results to USDA procedures are acceptable.

B. If a sample is to be re-inspected due to excessive damage, the moisture content will not be subject to re-inspection. The moisture content determined at the original time of inspection will be considered the official moisture content.

C. All applicants for certification by the Department as a Grain Dealer must:

1. Submit to the Department an application on a form which shall be provided by the Department.

2. Submit to the Department a course of instruction for sampling and grading that is based on USDA Grain Inspection, Packers and Stockyards Administration standards.

3. Sign a statement acknowledging that Department employees may randomly inspect any of the Grain Dealers locations to ensure certification as provided in this rule.

4. Sign a statement acknowledging that employees of the grain dealer who are responsible for sampling and grading grain may be required to demonstrate to the Department an adequate knowledge of sampling and grading as determined by the Department.

III.Official Grain Inspections

Standards established in Regulations Under the United States Grain Standard Act, As Amended, USDA, Federal Grain Inspection Service (CFR, Title 7, Chapter VIII, Pt. 800 (Section 800.0 to 800.219), 801 (Section 801.1-801.12), 802 (Section 802.0 to 802.1), and 810 (Section 810.101 -810.108; 810.401 - 405; 810.1601 - 1605; and 810.2201 - 2205), shall apply to all Department grain inspections.

IV.Renewals and Probation.

A. Renewals. All certifications shall expire on December 31 of each year and shall be renewed annually.

B. Probation. Any Grain Dealer on probation may be subject to more frequent inspection and testing and may be required to demonstrate to the Department an adequate knowledge of sampling and grading before being removed from probation.

V.Authority. A.C.A. § 2-25-101 et seq.

209.01.19 Ark. Code R. § 003

Adopted by Arkansas Register Volume XLIII Number 03, Effective 8/31/2019