Section 285.523.6. Submitted sample inspection.

(1) Dry edible beans may be inspected and graded based on a sample of product submitted by certified shippers.

(2)     Certified shippers shall utilize the following sampling procedures when drawing samples for submission  to  the  official  grading agency for analysis:

(a)    All lots or loads to be graded on the basis of a  submitted  sample shall be sampled by a certified shipper.

(b)      A certified shipper shall thoroughly sample not less than 10% of all 100-pound bags in the lot and not less than 10 packages from every 10,000 pounds represented if containers hold less than 100 pounds each. Not  less than 5 packages shall be selected for sampling of any sized lot.

(c)     Samples shall be taken from all parts of the lots at random. The certified shipper shall be responsible for all samples and shall vouch that all samples drawn are truly representative  to  the  best  of  his  or  her knowledge and belief.

(d)     Sufficiently large samples shall be drawn by the certified shipper so that not less than a 1,000 gram portion may be filed with the inspection laboratory. The following is  the minimum  sample sizes  for various conveyances:

Conveyance  Size/Cwt  Sample Size/Grams Containers  420     1,000 Truck/Bulk Bagged  450  1,000 Railcar/Hopper  1,500/2,000    2,000

(3)      A shipper shall be certified by the director of the Michigan department of agriculture based on a minimum of 4 hours of basic training and 2 hours of supplemental instruction each year after the year in which basic training is provided. The training and instruction shall be provided by the official grading agency and monitored by the Michigan  department   of agriculture.

(4)      A certified shipper shall be immediately disqualified from the privilege of participating in the submitted sample grading program for failing to utilize a certified sampler, failing to draw  samples  using  an approved protocol, falsifying any samples or shipping documents, or failing to prevent shipments that do not meet the standards specified by the shipping documents. Disqualification shall remain in effect for a period of not less than 3 years from the date of declaration by the director. In addition, the shipper shall be provided a Michigan grade solely on a point of origin inspection during the disqualification period.

(5)     The documents accompanying the submitted sample shall include the shipper’s key number, lot number, proposed grade and weight of shipment, the name of the person drawing the sample, and the date of sampling.

(6)     Certified submitted samples shall be sent or delivered to the official grading agency where a moisture reading and grade analysis will be performed.

(7)      File samples shall be retained by the official grading agency for not less than 90 days. The certified shipper shall retain the remainder of the composite samples for not less than 90 days from the date of sampling. The labeling of the composite sample must include the shippers key number, lot number, date of sample, proposed grade and weight of shipment, the name of shipper and location, and the name of the person drawing the sample.

(8)      A shipper will be furnished a grade certificate if the beans in the sample are in compliance with the criteria of the specific grade.

(9)     A grade certificate will indicate that the grade was based  on   a submitted sample and that the grade applies to the contents of the submitted sample only and not to the lot or load that it is meant to represent.

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