Grading of Unofficial Samples
7. (1) Any licensee or any person not required to be licensed or exempted from licensing under section 44 of the Act may forward an unofficial sample of grain to any regional inspection office of the Commission for a determination of one or more of its grade, dockage and other quality factors.
(2) A sample forwarded under subsection (1) shall
(a) consist of at least 750 g;
(b) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken; and
(c) be forwarded, with all shipping charges prepaid, in a container that will maintain the integrity of the sample.
(3) The shipper of a sample forwarded to a regional inspection office under this section shall
(a) state on a form supplied by the Commission that accompanies the sample the name and post office address of each person to whom the report as to the grade, dockage and other quality factors of the sample is to be sent; and
(b) place on the form a distinguishing number or mark of identification that the shipper has not previously used in respect of any other sample during that crop year.
(4) On receipt of a sample and its accompanying form forwarded in accordance with this section, an inspector shall examine the sample and make the requested determination of its grade, dockage or other quality factors and transmit a copy of the determination in writing to each person named on the form.
(5) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the sample.
(6) On receipt of the sample, the chief grain inspector for Canada shall examine it, determine its grade, dockage and other quality factors and transmit a copy of the determination to each person named in the request.
(7) The determination of the chief grain inspector for Canada is final.
(8) An unofficial sample shall be retained for the period beginning on the date of the grading of the sample and ending not less than 20 days after that date.
- SOR/89-376, ss. 11(F), 14(F), 16(F);
- SOR/2000-213, s. 2;
- SOR/2003-284, s. 6;
- SOR/2004-198, s. 4;
- SOR/2005-361, s. 2.
Disposal of Samples
8. (1) Official samples and unofficial samples forwarded to the Commission for grading shall be sold by public tender within a reasonable time after the end of the required retention period for the samples under subsection 6(3) or 7(8).
(2) [Repealed, SOR/2005-361, s. 3]
(3) If no tender is received by the Commission for the purchase of an official sample or unofficial sample, the sample shall be discarded.
- SOR/89-376, ss. 1, 12(F);
- SOR/89-395, s. 2(F);
- SOR/96-508, s. 7;
- SOR/2000-213, s. 2;
- SOR/2004-198, s. 5;
- SOR/2005-361, s. 3;
- SOR/2006-206, s. 2.
8.1 [Repealed, SOR/2000-213, s. 2]
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