80-4-710. Protein test available on all grain delivered to grain warehouses -- manner of making test -- procedure -- fee -- penalty. (1) Each warehouse operator shall take samples from each load of grain delivered to his warehouse and preserve the sample in a moistureproof container with the owner's name on it. A 1-pint portion of the composite sample may be submitted to the department, and the balance must be held in the owner's container.
     (2) If either the warehouse operator or owner is dissatisfied with the results of the protein tests, he may appeal to the department. In case of an appeal, a 1-pint portion of the remainder of the owner's sample must be submitted to the department with a statement of facts of the appeal. A final test, in duplicate, must be made by the department. The department's certificate of the test is final and binding upon both parties in establishing the basis of the price paid by the warehouse operator.
     (3) A fee established by the department commensurate with the cost of each protein test must be deducted and paid at the time of final settlement.
     (4) Upon written request of the owner, an official protein test must be made.
     (5) Each warehouse operator shall post in a conspicuous place a placard indicating that producers may request, in writing, an official grade and protein certificate. The department shall issue the placard.
     (6) A person violating this section is guilty of a misdemeanor.

     History: En. Sec. 64, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.