Ohio Code 926.31 – Representative sample to be drawn for testing by agricultural commodity tester to determine quality of commodity
(A) Upon receipt of any shipment of an agricultural commodity from a depositor or a depositor’s agent, either for sale or for storage under a bailment agreement, the licensed handler shall cause a representative sample to be drawn for testing by an agricultural commodity tester to determine the quality of the commodity. At the request of the depositor or the depositor’s agent, the tester shall immediately test the sample and shall notify the depositor or the depositor’s agent of the results of the test and of any price discount, premium, or conditioning charge that is applicable to the value of the commodity. Upon notification of the test and the value adjustment to be applied, the depositor or the depositor’s agent shall do one of the following:
Terms Used In Ohio Code 926.31
- Agent: means any person, other than a producer, who delivers an agricultural commodity to a licensed handler, either for sale or for storage, for the account of the producer. See Ohio Code 926.01
- Agricultural commodity: means corn, soybeans, wheat, or any other agricultural crop that the director of agriculture may designate by rule. See Ohio Code 926.01
- Bailment agreement: means a bailor-bailee agreement between a depositor and a licensed handler as stated in the terms of a receipt that is issued for an agricultural commodity in storage and subject to the requirements of this chapter governing the use of a receipt. See Ohio Code 926.01
- Depositor: means :
(1) Any person who delivers an agricultural commodity to a licensed handler for storage, conditioning, shipment, or sale;
(2) Any owner or legal holder of a ticket or receipt issued for an agricultural commodity who is a creditor of the licensed handler for the value of the agricultural commodity;
(3) Any licensed handler storing an agricultural commodity that the licensed handler owns solely, jointly, or in common with others in a warehouse owned or controlled by the licensed handler or any other licensed handler. See Ohio Code 926.01
- Federally licensed grain inspector: means a person who is licensed by the United States department of agriculture under the "United States Grain Standards Act" 39 Stat. See Ohio Code 926.01
- handler: means any person who is engaged in the business of agricultural commodity handling. See Ohio Code 926.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Receipt: means a warehouse receipt issued by a licensed handler. See Ohio Code 926.01
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Storage: means the deposit of an agricultural commodity into a warehouse either for the account of the licensed handler operating the warehouse or for the account of a depositor. See Ohio Code 926.01
- tester: means a person who operates a moisture meter and other quality testing devices to determine the quality of an agricultural commodity. See Ohio Code 926.01
- Warehouse: means any building, bin, protected enclosure, or similar premises under the control of a licensed or unlicensed handler used for receiving, storing, shipping, or handling an agricultural commodity. See Ohio Code 926.01
(1) Refuse to sell or store the commodity unless the depositor or agent has unloaded the commodity prior to testing;
(2) Agree to sell or store the commodity and accept the agricultural commodity tester’s results of the testing of the shipment and the applicable value adjustment;
(3) Agree to sell or store the commodity but reject the agricultural commodity tester’s results of the testing of the shipment and order the handler to forward the sample to a federally licensed grain inspector immediately for a final testing of the shipment. The depositor, the depositor’s agent, or the handler may specify in writing which testing factor or factors the depositor, depositor’s agent, or handler wishes the federal inspector to test.
(B) If, either prior to or during the unloading of the shipment, the licensed handler believes that the original sample drawn is not representative of the shipment, or if the depositor or the depositor’s agent requests a second sample to be drawn, the handler shall cause a second sample to be drawn and used for the testing of the shipment.
(C) Any determination of a federally licensed grain inspector under this section shall be binding on both the licensed handler and the depositor or the depositor’s agent as the basis for determining the premium or discount and settlement price, if the shipment was delivered for sale, or the conditioning charge, if the shipment was received for storage under a bailment agreement. The cost of the federal inspection and the actual cost of forwarding the sample for such inspection shall be borne by the handler, if the test increases the value of the agricultural commodity as originally determined by the agricultural commodity tester, or by the depositor, if the test does not change or lowers the value of the commodity.
(D) Any licensed handler and any depositor or the agent of a depositor may enter into an agreement whereby representative samples of each of several shipments of the same agricultural commodity that arrive at the handler’s warehouse or facility during any one business day shall be combined to obtain a single result of the testing of the combined shipments of the commodity.
(E) No person shall offer for sale or storage any agricultural commodity that is:
(1) Treated with any poisonous material or that contains rodent excreta or any other material in such amounts as to render the commodity unfit for animal or human consumption;
(2) Knowingly or purposely loaded unevenly so as to conceal amounts of the commodity that are inferior.
(F) Nothing in this section shall be construed to relieve any contractual obligations in effect between the licensed handler or the depositor.