Nebraska Administrative Code
Topic - PUBLIC SERVICE COMMISSION
Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION
Chapter 8 - GRAIN WAREHOUSE RULES AND REGULATIONS
Section 291-8-004 - GRAIN MOISTURE MEASURING DEVICES
Universal Citation: 291 NE Admin Rules and Regs ch 8 ยง 004
Current through March 20, 2024
004.01 Testing and Inspection:
004.01A
Scope of
Testing: The Grain Warehouse Department shall annually test and
inspect all approved grain moisture and test weight measuring devices in
Nebraska used to ascertain the moisture content of grain in connection with, or
in any manner relating to, the storage, purchase or sale of grain. The
Commission's inspection of grain moisture measuring devices shall be for
determining the device's accuracy in determining moisture content and test
weight of grain and is not intended to determine accuracy of the device's
temperature or other measurements.
004.01B
Fees: The
fees charged to cover the cost of testing and inspecting grain moisture and
test weight measuring devices shall be established pursuant to Rules of
Commission Procedure, Section 025.
004.01C
Approved Grain Moisture
Measuring Devices: The warehouse department will maintain a list
of approved grain moisture and test weight measuring devices. Devices on the
approved list must be inspected by the Commission and pass the Commission's
inspection each calendar year. If a device is not inspected each calendar year
or it fails to pass an inspection and cannot be repaired, the device will be
removed from the list of approved grain moisture and test weight measuring
devices. For new grain moisture and test weight measuring devices purchased
after 2001 to be included on the list of approved grain moisture and test
weight measuring devices, the device must have a current National Type
Evaluation Program Certificate at the time of purchase.
004.01D
Procedure:
All grain moisture measuring devices will be tested against a standard meter
which will be furnished by the Commission. All grain moisture measuring devices
will be inspected to determine whether they are in proper operational condition
and supplied with the proper accessories. The inspection results shall be
documented on a form prescribed by the Commission, incorporated herein at the
end of the chapter and labeled as Attachment 18, with a copy of the inspection
report delivered to the owner or user of the grain moisture measuring
device.
004.01E Grounds for
Rejecting Tested Grain Moisture Measuring Devices: Devices may be rejected for
any of the following reasons:
004.01E1 The
moisture device tested is found to be out of tolerance with the standard meter
used by the inspector by more than one-half of one percent on grain up to and
including twenty percent (20%) moisture content or eight-tenths of one percent
on grain over twenty percent (20%) up to and including twenty-two percent
(22%);
004.01E2 The owner or user of
the device does not have available the latest charts for the type of device
being used;
004.01E3 The owner or
user of the device does not have available the proper scale, or scales, and the
thermometers for use with the type of device being used; or,
004.01E4 The grain moisture measuring device
is not free from excessive dirt or cracked glass, or is not kept in good
operational condition at all times.
004.01F
Commission Approval or
Rejection: The Commission inspector shall affix a decal to each
grain moisture and test weight measuring device which has been inspected to
indicate approval or rejection by the Commission.
004.01G Procedure for Testing Test Weight
Measuring Devices: All test weight measuring devices shall be tested by the
inspector against grain samples of known weight.
004.01H Grounds for Rejecting Tested Test
Weight Measuring Devices: Devices may be rejected if the test weight measuring
device is found to be out of tolerance with the sample used by the inspector by
more than eight tenths of a pound per bushel for corn and oats, one-half a
pound per bushel for all wheat and seven tenths of a pound per bushel for
soybeans, barley, sunflower and sorghum.
004.02 Rejected Grain Moisture and Test Weight Measuring Devices:
004.02A
Marking Rejected Grain
Moisture Measuring Devices: Whenever a grain moisture and test
weight measuring device is rejected, for one or more of the grounds specified
in Subsections
004.01E and
004.0G, the
inspector shall mark the device with a tag or other appropriate seal or mark
which will indicate that the device is defective or not properly maintained for
use.
004.02B
Removal of
Rejection Mark: No tag, seal, or mark, indicating that a grain
moisture and test weight measuring device has been rejected, will be removed
from the device until after the device has been repaired, placed in proper
operational condition, supplied with the proper accessories, reinspected, and
approved by the Commission.
004.02C
Use of Grain Moisture and Test Weight Measuring Device While
Marked: A grain moisture measuring device, while marked, sealed,
or tagged, as provided in Subsection
004.02A, may not
be used to ascertain the moisture content or test weight of grain in connection
with, or in any manner relating to, the storage, purchase or sale of grain,
except under the following conditions:
004.02C1 The owner or user of the device
shall keep a record, open to inspection, of every sample of grain tested by the
tagged device, showing that the adjustment was made on all such grain
tested.
004.02C2 The device will be
repaired to comply with Subsections
004.01E and
004.04G within
thirty (30) days, and the Commission thereupon notified. If, upon reinspection,
the device again is rejected under the provisions of Subsections
004.01E and
004.04G, it will
be sealed and will not be used until repaired and reinspected.
004.03 Placement and Visual Operation of Grain Moisture Measuring Device:
Every device in Nebraska used to ascertain the moisture content or test weight of grain in connection with, or in any manner relating to, the storage, purchase or sale of grain, will be used in a location where the test being made may be observed by the producer or owner of the grain being tested and the detailed procedure for running moisture tests will be displayed in a conspicuous place close to the moisture device.
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