17B.05 DISPUTES ON GRADES, DOCKAGE; STATE ARBITRATION.
(a) If a disagreement arises between a person receiving and a person delivering grain in this
state as to the proper grade, dockage, moisture content, protein content, or other factors used in
establishing the market price of the grain, an average sample of the grain in dispute may be taken
by either or both of the parties interested. The commissioner shall prescribe a procedure for taking
samples and having the samples certified by both the person receiving and the person delivering
the grain as being true samples of the grain in dispute on the day the grain is delivered and
sampled. Samples must be forwarded prepaid in suitable air-tight containers, with the names and
addresses of the person receiving and the person delivering the grain, to the head of the Grain
Inspection Division of the department. The head of the Grain Inspection Division shall examine
samples submitted, and determine the proper grade, dockage, moisture content, protein content,
and other factors used in establishing the market price of the samples of grain 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. A person requesting the inspection must pay the required fee before the results of the
inspection are released. The fee charged must be the same as that required for similar services
rendered by the Grain Inspection 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.
(b) A licensed business that uses test equipment as defined in section 17B.02 to perform tests
or analysis on grain to be purchased or placed in storage must post at the place of business a notice
informing persons selling or delivering grain of their right to have a representative sample of the
grain forwarded to the Grain Inspection Division for analysis. The commissioner shall provide
copies of the notice to each business licensed to buy or receive grain. The business must display
the notice in a conspicuous location as prescribed by the commissioner.
History: 1974 c 548 s 5; 1987 c 199 s 1; 1988 c 688 art 6 s 13