Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 01 - Livestock And Poultry Commission › Rule 209.01.19-003 - Granding and Sampling of Com, Soybeans and Wheat

Current through Register Vol. 49, No. 6, June, 2024
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.