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

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.