Chapter 15 - Grading And Shipment Of Potatoes
CHAPTER 15 - GRADING AND SHIPMENT OF POTATOES
11-15-101. Grades, classifications and standards.
In order to make the grading andclassification of potatoes uniform throughout the United States, the directorshall adopt by rule and grades, standards and classifications for potatoeslawfully established by the United States department of agriculture.
11-15-102. Definitions.
(a) As used in this act:
(i) "Carlot" or "carload" means anyrailroad car, truck or trailer, regardless of size;
(ii) "This act" means W.S. 11-15-101 through11-15-112;
(iii) "Director" means the director of the departmentof agriculture.
11-15-103. Sorting and grading.
Carlot shipments of potatoes originating inWyoming shall be sorted and graded at point of origin upon request of amajority of the potato growers from the county making shipments from anyshipping points within the county as designated by the director.
11-15-104. Director to appoint inspectors; term.
This act shall be enforced by qualifiedinspectors appointed by the director and licensed by the United Statesdepartment of agriculture. They shall keep their licenses current and in goodstanding at all times when employed by the director. They shall serve at thepleasure of the director.
11-15-105. Conformity to applicable standards required; inspection;certificate, use thereof as evidence.
(a) No person shall pack, offer, consign or sell in carloadlots any potatoes loaded within the state which do not conform to applicablestandards, subject to such variations therefrom as provided by regulationsadopted in accordance with this act, unless such potatoes are specificallydescribed, or plainly marked, in accordance with regulations to indicate theyare ungraded or unclassified.
(b) Whenever grades, standards or classification have beenestablished for potatoes, it is unlawful for any shipper to ship carload lotsof potatoes without being inspected by an authorized inspector. The inspectorshall issue a certificate of inspection showing grade, standard or otherclassification. The certificate shall be issued in duplicate, one (1) copyshall be attached to bill of lading and one (1) copy shall be issued to theshipper.
(c) A certificate of the grade or other classification ofpotatoes, when not reversed or modified, shall be accepted in any court of thisstate as prima facie evidence of the true grade or classification of thepotatoes at the time of grading or classification.
11-15-106. Reports of inspections required.
The director shall make reports to theUnited States department of agriculture on July 1 each year.
11-15-107. Director to promulgate regulations; board approval required.
Subject to approval of the board ofagriculture, the director may promulgate regulations necessary to carry out theprovisions of this act. The regulations shall conform as nearly as practicableto any act of congress or standards legally adopted by any federal agencyrelating to the marketing of farm products.
11-15-108. Director engaging in potato business prohibited.
The director is prohibited from engaging inthe business of buying, selling or commission dealing in potatoes.
11-15-109. Inspection upon request of interested party; issuance ofcertificate; fees.
The director, upon request of anyinterested party, may furnish a licensed inspector to inspect any lot ofpotatoes within the state whether the potatoes originated in Wyoming orelsewhere, and may issue a federal or state certificate showing grade, qualityand condition of such potatoes which will be receivable as prima facie evidencein any court in Wyoming. This provision includes storage, inspection and lessthan carload lots. For this inspection the department shall be paid by theparty asking for inspection the fees established by the board of agriculture,not to exceed actual costs of inspection and all traveling expenses to and fromthe place of inspection.
11-15-110. Reinspection on request; cost.
Any interested party may demand areinspection at point of origin if the grade established by the licensedinspector is not satisfactory. The reinspection may be made by an inspectorauthorized by the director or by an inspector of the United States departmentof agriculture. The reinspection shall be made at the expense of the partyrequesting the service.
11-15-111. Inspection fees; exception; when inspection not required;consent of director; certification of certain shipments.
A fee established by the board ofagriculture not to exceed actual costs of inspection shall be paid on allshipments of potatoes inspected within the district except those designated formanufacturing purposes on which no fee shall be charged. With the consent ofthe director, potatoes for seed stock may be moved to storage within the statewithout inspection. When potatoes are shipped without inspection within thestate the shipper shall not be provided with a certificate. Other shipments ofseed stock must conform to the requirements of grade no. 1 except with regardto size, and the certificate must contain a statement designating variety,trueness to type and percent defects with regard to disease and other blemishes.
11-15-112. Prohibited acts; penalties.
Whoever removes any inspection certificatebefore a car is entirely unloaded, or whoever except an authorized inspectoralters any inspection certificate, or whoever without using reasonablediligence to secure inspection fails or neglects to have potatoes inspectedbefore shipping, or whoever hinders, molests or attempts to influence anyinspector in the performance of his duties, or whoever violates this act isguilty of a misdemeanor and shall be fined for each violation not exceedingfive hundred dollars ($500.00) and the costs of the prosecution, or shall beimprisoned not exceeding six (6) months, or both. Any inspector who fails orneglects to perform the duties imposed by this act shall suffer the penalty hereinprovided.