Section 4.1-59-05 - Grain marketing - Procedure for resolving disputes1. If a dispute or disagreement arises between the person receiving and the person delivering grain as to the proper grade, dockage, vomitoxin level, moisture content, or protein content of any grain, an average sample of at least three pints [1.65 liters] of the grain in dispute may be taken together by both interested parties. a. The sample must be certified by each party as a true and representative sample of the grain in dispute on the day the grain was transferred.b. The sample must be forwarded in a suitable container by parcel post or express, prepaid with the name and address of both parties for inspection by a federal licensed inspector, or a mutually agreed-upon third party, that may examine the grain and adjudge what grade, dockage, vomitoxin level, moisture content, or protein content the sample of grain is entitled to under the inspection rules and grades adopted by the secretary of agriculture of the United States.c. The person requesting the inspection service shall pay for the inspection.d. If the grain in question is damp, otherwise out of condition, or if moisture content is in dispute, the sample must be placed in an airtight container.e. Payment for the grain involved in the dispute must be made and accepted on the basis of the determination made by the federal licensed inspector or third party. All quality factors also may be considered in determining the price of the grain.f. An appeal of the determination made by a third party other than a federal licensed inspector may be made to a federal licensed inspector.g. An appeal of the determination made by a federal licensed inspector may be made as provided under the United States Grain Standards Act [ Pub. L. 103-354; 108 Stat. 3237; 7 U.S.C. 79(c) and (d)] and under 7 CFR 800.125 - 800.140.h. A person not abiding by a final determination is liable for damage resulting from not abiding by the determination.2. If a dispute or disagreement arises between the person delivering grain and the person receiving grain as to the determination of quality factors of grain purchased or delivered in the state for which inspection rules and grades have not been adopted by the secretary of agriculture of the United States, an average sample of at least three pints [1.65 liters] of the grain in dispute may be taken together by the interested parties.a. The sample must be certified by each party as a true and representative sample of the grain in dispute on the day the grain was transferred.b. If the grain is damp or otherwise out of condition, the sample must be placed in an airtight container.c. The sample must be forwarded in a suitable container by parcel post or express, prepaid with the name and address of both parties, for inspection by a federal licensed inspector, or a mutually agreed-upon third party, that may examine the grain and determine the quality factors in dispute.d. The person requesting the inspection service shall pay for the inspection.e. The determination made by the inspector, or the third party, must be used in the settlement of the dispute.Added by S.L. 2023 , ch. 89( HB 1393 ), § 2, eff. 7/1/2023.