Administrative Code

Virginia Administrative Code
9/21/2021

Chapter 240. Rules and Regulations for Enforcement of the Grain Handlers Law

2VAC5-240-10. Weighing devices and procedures employed to give accurate weight.

A. All weighing devices used by handlers shall be those approved under the Weights and Measures Law. The handlers shall give written notice to the Weights and Measures Bureau, Virginia Department of Agriculture and Consumer Services, of the installation of any new commercial weighing devices, or of the use of any commercial weighing devices after reconditioning, overhaul, repair, or readjustment.

B. The balance condition of all vehicle and railway track weighing devices shall be determined before each weighing. The balance condition of hopper-type (nonautomatic) weighing devices shall be determined before and after each weighing. The balance condition of automatic weighing and dumping devices shall be determined daily prior to the commencement of weighing operations.

For the purpose stated in the preceding paragraph, balance condition means a visual determination that the weighing device is in zero balance condition.

C. Gross weight shall be determined by weighing the container (truck, trailer, railway car, etc.) after loading or before unloading. Tare weight shall be determined by weighing the container before loading or after unloading. Net weight of a lot of grain shall be determined by subtracting tare weight from gross weight, or by actual weighing of a lot of grain.

D. Each handler shall be required to issue a weight ticket for each lot of grain that is commercially weighed. The form of the weight ticket shall be approved by the Virginia Department of Agriculture and Consumer Services, and shall contain the following information:

1. Date of issuance;

2. Owner of grain;

3. Commodity identity;

4. Container identity;

5. Net weight;

6. Gross and tare weight (when applicable);

7. Signature of person actually weighing grain.

E. Unless otherwise agreed to at the time of weighing, the handler or his agent, shall deliver a copy of the weight ticket to the person who:

1. Is delivering the grain to the handler for storage,

2. Is selling the grain to the handler, or

3. Is buying the grain from the handler.

F. The handler shall be responsible for seeing that all grain is properly weighed, and that an accurate statement of the weight is entered upon the weight ticket.

Statutory Authority

§ 3.2-4324 of the Code of Virginia.

Historical Notes

Derived from VR115-03-02 § 1, eff. April 16, 1987.

2VAC5-240-20. Grading equipment and procedures used to determine the values of grain.

A. The equipment, equipment procedures, and sampling procedures used to determine factors pertaining to value of grain shall be those contained in the United States Department of Agriculture "Grain Inspection Handbook" (7 CFR §§ 800 through 810 - Grain Section).

B. The commissioner or his representative shall have the power to inspect and test, as often as deemed necessary, and to determine the accuracy of all equipment and procedures used to sample and grade grain purchased by handlers.

C. The commissioner or his representative shall approve and mark, or seal for use, the equipment he finds to be correct; and shall reject and mark or tag as "condemned for repairs" the equipment he finds to be incorrect.

Statutory Authority

§ 3.2-4324 of the Code of Virginia.

Historical Notes

Derived from VR115-03-02 § 2, eff. April 16, 1987.

2VAC5-240-30. The keeping of samples by grain handlers.

A. Handlers, or anyone in their employment who determine grade factors for the purpose of establishing value of grain, shall identify and preserve the sample of each lot used to determine these factors for a period of twenty-four hours.

B. The samples shall be a minimum of one and one-half quarts; and if moisture is a factor, shall be preserved in a moisture-proof container.

C. Samples shall be kept at the handler's place of business, and shall be subject to inspection by the Commissioner or his representative, or at a state inspection laboratory.

Statutory Authority

§ 3.2-4324 of the Code of Virginia.

Historical Notes

Derived from VR115-03-02 § 3, eff. April 16, 1987.

2VAC5-240-40. Records kept by grain handler.

A. Each handler shall make a written record of each lot of grain weighed and graded by him. Unless otherwise agreed to, at the time of the transaction, the handler or his agent shall deliver a copy of the record to the person who:

1. Is delivering the grain to the handler for storage,

2. Is selling the grain to the handler, or

3. Is buying the grain from the handler.

The record shall include:

1. Name and address of the person whom the grain was weighed or graded;

2. The date the grain was weighed and graded (if separate dates, each shall be stated);

3. Kind of grain;

4. Grade factors determined;

5. Net weight from weight ticket;

6. Specification of all discounts and deductions and how applied, and if no discount or deduction is given that fact shall be so stated;

7. The conversion from net weight to pricing unit;

8. Gross price per pricing unit;

9. Net price per pricing unit;

10. Total amount of sale.

B. The weight ticket referred to above shall be attached to and made a part of the record.

C. The record shall be kept by the handler for one year, and upon request shall be made available to the commissioner or his representative during normal business hours.

Statutory Authority

§ 3.2-4324 of the Code of Virginia.

Historical Notes

Derived from VR115-03-02 § 4, eff. April 16, 1987.

FORMS (2VAC5-240).

Application for Grain Handler.

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