Canada Grain Regulations

36 (1) If the operator of a licensed primary elevator and the producer do not agree on the grade of the grain or the dockage in the grain delivered and an interim primary elevator receipt is issued, the operator shall take a representative portion of at least 1 kg from the sample referred to in section 34 and shall

• (a) put the representative portion in a container that is supplied by the operator or the person delivering the grain and that the operator and that person agree will maintain the integrity of the sample;

• (b) identify the container with the name of the owner of the grain and with the interim primary elevator receipt number;

• (c) mark the container “Subject to Inspector’s Grade and Dockage”; and

• (d) forward the container to the nearest regional inspection office of the Commission, with all shipping charges prepaid, accompanied by a written request from the operator or the owner of the grain that an inspector examine the representative portion and report to the persons named in the request what grade and dockage the inspector would assign to the grain if the examination were an official inspection.

(1.1) After the applicable period referred to in 34(2) has expired in respect of a sample, the operator or the owner of the grain may not make a written request under paragraph (1)(d) in relation to the sample.

(1.2) The operator of the elevator shall take the representative portion in the presence of the person delivering the grain, if the producer so requires.

(2) On receipt of the representative portion, an inspector at the regional inspection office of the Commission shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request.

(3) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the representative portion.

(4) On receipt of the representative portion, the chief grain inspector for Canada shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request.

(5) The determination of the chief grain inspector for Canada is final.

(6) On receipt of the final determination, the operator of the elevator shall exchange the interim primary elevator receipt for the appropriate primary elevator receipt or cash purchase ticket indicating the grade and dockage assigned to the representative portion in accordance with this section.

(7) For greater certainty, in this section, “grade” includes the tough, damp, moist and wet grades established in the Off Grades of Grain and Grades of Screenings Order.