Mich. Admin. Code R. 285.523.3 - Beans placed in consuming trade channels; grading, labeling, packing, and inspection; shipping and transportation; moisture content

Rule 3.

(1) All dry edible beans sold, shipped, or distributed in Michigan shall be labeled using 1 of the following criteria:

(a) Grade based on a point of origin inspection by a licensed bean inspector.

(b) Grade based on samples submitted by a certified shipper to the official grading agency for analysis. All certificates and labeling for lots graded by submitted sample shall carry the statement: "grade derived from submitted sample."

(c) No inspection. Lots not examined by the official grading agency shall not be labeled with an official Michigan grade.

(2) All dry edible beans which are grown in Michigan, which are placed in consuming trade channels, and which are graded at the point of origin by a licensed bean inspector or are graded by means of submitted samples shall be in compliance with the requirements and specifications of the official Michigan grades for dry beans.

(3) The person, firm, association, or corporation in Michigan responsible for placing graded beans into consuming trade channels or placing graded beans on the market for resale or consumption shall be responsible for the grading, labeling, packing, and voluntary inspection of the beans.

(4) Labeling shall be performed at the point of origin on the lot or shipment as follows:

(a) All containers of 100 pounds or less shall be conspicuously and legibly labeled on the face of the container showing all of the following information:

(i) The net weight of the contents.

(ii) The name of the product, including the word "Michigan" when produced in this state.

(iii) The official state grade of the contents if inspected and approved by a licensed bean inspector.

(iv) The name and address of the person or firm responsible for placing the product on the market.

(b) On 100-pound bags or containers inspected and approved by a licensed bean inspector for shipment to canners, packagers, and processors, and when there is positive assurance that the beans will not be displayed to the consuming public in the original shipping container, the grade labeling may be shown as specified in subdivision (a) of this subrule or the shipper may declare the grade using a placard as described in R 285.523.4(6). All other labeling, as required in subdivision (a) of this subrule shall appear in its entirety. The shipper or packer whose name must appear on the bag or container will be held fully responsible for any diversion of shipments not bearing the grade label on the individual bag or container.

(c) Every lot or shipment that is inspected and approved by a licensed bean inspector shall be issued an official grade certificate.

(5) Beans that are graded by a licensed bean inspector may be shipped in bulk to canners, packagers, and processors, subject to the inspection requirements of these rules.

(6) All conveying vehicles shall be in compliance with all of the following specifications:

(a) The floors, walls, and ceilings shall be thoroughly cleaned and tightly fitted to protect the load from the weather, contamination, and extraneous matter. Conveying vehicles shall also be free from objectionable foreign odors.

(b) There shall be adequate space above the loaded mass to permit thorough sampling, when requested, throughout the length and depth of the load and also to provide for circulating air space between the top of the load and the roof of the vehicle.

(c) If a point of origin inspection is requested utilizing a licensed bean inspector, then the type and construction of any conveyance that might be considered hazardous to the inspector or prevent the performance of his or her duties prescribed for adequate and thorough sampling and inspection shall not be used to transport beans. The shipper shall sign a bulk conveyance report which shows that the provisions of subdivision (a) of this subrule were complied with before loading.

(7) The standard moisture content of beans defined in the grades in these rules shall not be in excess of 18% moisture and shall be within the limits of the tolerance as defined in R 285.523.2(k). High-moisture beans may be graded and designated according to the grade requirements of the standards otherwise applicable. The words "except moisture" shall be added to, and made a part of, the grade designation in every case of high moisture content, following the name of the class, followed by a statement of the percentage of moisture of the beans in terms of whole percent and half percent. The statement shall appear on the inspection certificate to establish and protect the grade.

(8) Official bean inspection certificates declaring an established grade shall not be issued by any authorized inspector until all the containers and conveyances conform to all labeling and condition requirements.

Notes

Mich. Admin. Code R. 285.523.3

1979 AC; 1987 AACS; 1998-2000 AACS