Section 285.523.10. Appeal inspections.

(1) A financially interested party is entitled to appeal the grade of a lot or shipment of beans officially inspected as a point of origin inspection if the quality and condition of the lot, upon arrival at the destination, does not conform to the grade and condition as shown on the official bean grade certificate. The request for an appeal inspection  shall be filed with the chief inspector within 3 full business days  after  arrival

of the shipment and before the shipment is unloaded and loses its identity. The chief inspector shall supervise and direct the sampling and the grade shall be determined by the director of the Michigan department of agriculture on the basis of the sample submitted to him or her by the chief inspector. An advisory board shall be  established for the purpose of advising the director of the Michigan department of agriculture. The board shall consist of the chief inspector, the state supervisor, and 1 disinterested licensed bean inspector.

(2) If the original grade is reversed, then the outstanding certificate shall be recalled and a certificate giving the correct grade shall be issued by the director of the Michigan department of agriculture. The decision of the director of the Michigan department of agriculture is final. The loser in the appeal shall bear the cost incurred in connection with the appeal.

History: 1979 AC; 1987 AACS; 1998-2000 AACS.