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Subject 40-15-5 AGRICULTURE PRODUCTS

Rule 40-15-5-.01 Weighing Tobacco in Auction Warehouses

(1) All tobacco received at tobacco auction warehouses, for the purpose of sale, must be weighed and sold on a net weight basis and must be weighed on approved scales with graduated intervals not greater than one pound.
(2) Scales shall be back-balanced an amount equal to the average weight of the sheets on which the tobacco is laid before the sheet unit is weighed.
(3) All sheets of tobacco weighed prior to sale shall be accompanied by an identification ticket which shall include there on the name of the seller and the net weight of the tobacco on the sheet.
(4) All tobacco weighed for the purpose of sale, offering for sale, or sold, including but not limited to "House" and/or "Speculators" tobacco, shall be weighed and recorded accurately.
(5) All "reworked" or "resale" tobacco must be re-weighed before it is again offered or exposed for sale.
(6) It shall be the duty of each tobacco auction market manager to retain a copy of all records, including sales tags, weight tickets, account of sales, and other records covering each transaction for a period of three years. These records shall at all times be available for, and open to, the confidential inspection of the Commissioner or his authorized agents.
(7) All scales, buggies, conveyors and sheets to be used in processing the tobacco for sale shall be installed or available for inspection not later than July 5, or three weeks prior to the opening date of the tobacco markets whichever is earlier.

Rule 40-15-5-.02 Milk Tanks

All farm milk tanks used, or to be used, under an express contract between the producer and the purchaser, and on the premises of the producer, for the commercial measurement of milk or other fluid dairy products, must meet the specifications and tolerances set forth in National Bureau of Standards HANDBOOK 44 and supplements there to, filed in the offices of the Commissioner of Agriculture.

(a) Installation: It shall be the responsibility of the manufacturer or his agent or dealer or the producer to install the farm milk tank in accordance with the aforementioned specifications and to notify the Commissioner of Agriculture of such installation.
(b) Calibration: It shall be the responsibility of the milk tank manufacturer to calibrate all farm milk tanks. The calibration must be made at the factory or after installation, and must meet the aforementioned specifications. The gauge rod shall be numbered or otherwise identified as a part of the specific tank, and it shall be illegal to swap or interchange gauge rod between tanks.
(c) Testing: It shall be the responsibility of the Commissioner of Agriculture to test the calibration and the installation of all farm milk tanks and to apply the standard weights and measures seal of approval to all tanks, gauges, and charts as approved.

Rule 40-15-5-.03 Grain Moisture Meters

(1) Definitions.
(a) "Grain Moisture Meter." Any device indicating either directly or through conversion tables and/or correction tables the moisture content of cereal grains and oil seeds.
(b) "Grain Sample." That portion of grain or seed taken from a bulk of grain or seed to be bought or sold and used to determine the moisture content of the bulk.
(c) "Grain sample weighing equipment." A scale adapted to weighing grain samples used in determining moisture content, dockage, weight per unit volume, etc.
(d) "Moisture content." The mass of water in a grain or seed sample (determined by the reference method) divided by the mass of the grain or seed sample expressed as a percentage (%).
(e) "Moisture meter charts." Conversion and correction tables used to determine the moisture content from the value indicated by the moisture meter based on parameters of grain type, temperature or test weight.
(2) Approval and commercial use of the following associated equipment shall be subject to inspection, testing and technical requirements contained in the Grain Moisture Meters code section of the current edition of NIST Handbook 44:
(a) grain, moisture meter;
(b) operational charts, tables and directions;
(c) scales, balances and weights or measurement standards;
(d) temperature measuring equipment.
(3) Commercial moisture-testing equipment not performing within established standards and technical requirements, shall be subject to rejection and to revocation of its registration if the device is not repaired or replaced.
(4) The commercial use of a rejected device will be prohibited until the device is repaired or adjusted to perform within established tolerance.
(5) The meter owner/operator must report, on forms provided by the Commissioner, every commercial moisture meter originally installed or repaired and returned to service following rejection. Such meters may be used for moisture determination prior to testing certification by the Department.
(6) Each commercial grain moisture meter shall require a separate Department registration.
(7) Each operator of commercial moisture-testing equipment shall obtain a Certified Moisture Meter Operator license by making proper application to the Commissioner. Such license shall be permanent until surrendered or revoked.
(8) The licensed operator shall be proficient in the operation of moisture-testing equipment and utilize current editions of tables, charts and directions when making moisture determinations.
(9) Responsibility for the enforcement of these regulations is vested in the Commissioner of Agriculture who may designate other employees of the Georgia Department of Agriculture to perform necessary duties or to represent him in carrying out the enforcement of these regulations.

Rule 40-15-5-.04 Repealed

Rule 40-15-5-.05 Repealed