Section 285.523.4. Beans placed in any trade channels; grading, labeling, and inspection.

(1) All dry edible beans, whether for human consumption, precooking, manufacturing, or canning, before being placed into any trade channels, through purchase, sale, or by transportation shall be labeled or placarded. At the option of the processor, packager, or shipper, the dry edible beans may be officially inspected for grade by a licensed bean inspector.

(2)      All bags or containers used in packing and shipping beans graded by a licensed bean inspector shall be standard, sound, clean, free from holes, and neatly and legibly printed or stenciled.

(3)     All of the following information shall appear on the face of the bag, carton, parcel, or package used in packing and shipping beans or on a tag affixed to a bag, carton, parcel, or package:

(a)    The name of the product, including the word "Michigan" when  grown  in Michigan.

(b)     The official state grade of the beans if inspected by a licensed bean inspector.

(c)       The net metric weight (grams, kilograms, milliliters, liters) and the net United States customary system weight (ounces, pounds, fluid ounces).

(d)     The name and address of the person or firm responsible for placing the product on the market.

(4)      The labeling of bags, cartons, parcels, or packages shall be legible, conspicuous, neatly and uniformly applied, and comply with  all  of   the following specifications and requirements:

(a)     The word "Michigan" and the word "beans" shall appear on the container as a part of the trademark or identification. For a product inspected by a licensed bean inspector, the words "Michigan" and "beans" shall appear in the declaration of the grade in the following order and form: "Michigan Choice Navy Beans" or "Michigan No. 1 Light Red Kidney Beans."

(b)     All container labeling shall meet food and drug administration (FDA) regulations as referenced in 21 C.F.R. § 101 et seq.

(c)    ) When a shipper so desires, all the required labeling may appear  on   a tag made from cloth or tough paper.  The tag shall not be  less   than  2  1/2 inches by 5 inches in size, shall be furnished by the shipper, and shall be securely attached to the top and outside of the package. The proper grade, the name and address of the packer or distributor,   or the   net    weight   may appear alone on the tag if the other required  label   information appears  on the container.

(d)       A shipper shall not use containers bearing the names of other shippers without having, in his or her possession, a signed authorization from the other shippers to use the containers.

(e)      Containers bearing grade labels that do not conform to the grade of beans being packaged shall be rebranded or stenciled in a neat and legible manner and improper labeling shall be completely obliterated. If rebranding is necessary and the shipper elects to use the tag  labeling,  then  the containers may be turned with the plain side out if, in the judgment of the shipper, the procedure would improve the  general appearance of the package.

(5)     Each lot or shipment of dry beans which is inspected by a licensed bean inspector and which is being transported and moving into trade channels, as described in subrule

(1)    of this rule, shall be accompanied by a copy of the official grade certificate or, instead of a copy of the official grade certificate, in the case of warehouse lots inspected by a licensed bean inspector, the driver of the vehicle or the transporting agent shall have, in his or her possession, documentary evidence giving all pertinent information regarding the grading and identification of the lot. For carload shipments inspected by a licensed bean inspector, the transport copy of  the  grade certificate shall be fastened to the inside of the car.

(6)     For all shipments of beans Which are graded by a licensed bean inspector and which are loaded in bulk or packed in 100-pound bags  or containers on which the grade label does not appear, the correct grade and other required information shall appear on a placard supplied by the shipper or the applicant. The shipper or the applicant shall post the placard in a conspicuous place on the inside of the conveying vehicle. The placard shall be not less than 6 inches by 12 inches in size. The grade shall appear on the placard on a separate line in letters or figures that are a minimum size of 1/2 inch, shall be of the form and wording used in the standards as provided in subrule

(7)   of this rule, and shall agree in every detail with the grade as stated on the transport copy of the inspection certificate, which the shipper shall also conspicuously post near the shipper's  placard  on  the  inside of  the railroad vehicle.

(7) To achieve uniformity and to be consistent, the following form is required for the placard:

Figure for 285.523.4

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