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(1)  All seed conditioning plants shall:

(a)  account to the producer for all seed lots submitted to the plant. The conditioning report or scale ticket shall show gross weight of seed received, cleanout (screenings and air loss)  and clean seed yield for each lot. The department exempts plants from weighing the clean seed yield if seed is treated in the same operation to prevent contamination of the scale, food, or feed;

(b)  post a basic price schedule for seed conditioning operations;

(c)  obtain reference seed samples - of each lot in the following manner:

(i)  obtain a "dirt" or unclean seed sample at time of delivery and identify it properly;

(ii)  obtain a sample of the cleaned seed and identify it properly;

(iii)  sample sizes to be obtained should be the minimum amount required for seed testing as prescribed by the Association of Official Seed Analysts, "Rules for Testing Seeds," in general, these are:

(A)  500 grams or 18 ounces for cereal crops and large seeded legumes;

(B)  110 grams or 4 ounces for small seeded legumes and grasses; and

(C)  150 grams or 6 ounces for wheat grasses and seeds of similar size.

(iv)  retained samples for one year after the seed has been cleaned. If a problem occurs with the crop that is related to the seed cleaning or treatment, or if the producer is not satisfied with the cleaning of the seed, the samples shall be retained until all parties reach a mutual agreement or until litigation has been completed:

(A)  seed conditioning plants that clean only common cereal grain seeds are not required to obtain samples unless management chooses or the producer requests that samples be taken. If samples are taken, the aforementioned sample procedure shall be followed;

(B)  handle each lot of seed received in such a way as to maintain its identity and prevent contamination; and

(C)  reserve the right to refuse any material for conditioning or storage when, in the manager's or operator's opinion, it will be unfit for seed purposes or will contaminate or otherwise destroy the effectiveness or efficiency of the plant operation.


History: 80-5-139, MCA; IMP, 80-5-123, 80-5-130, 80-5-133, MCA; NEW, Eff. 5/6/76; AMD, Eff. 10/25/77; AMD, 1993 MAR p. 1486, Eff. 7/16/93; AMD, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2024 MAR p. 128, Eff. 1/27/24.

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