Seed Cleaning Plant Regulation (Alta. Reg. 15/2003)

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(Consolidated up to 68/2008) ALBERTA REGULATION 15/2003 Weed Control Act SEED CLEANING PLANT REGULATION Table of Contents 1 Definitions 2 Request for inspection 3 Inspection forms 4 Licence 5 Term of licence 6 Transfer of licence 7 Sanctions 8 Moving plant or equipment 9 Continuation of licence 10 Expiry 11 Repeal Schedule Definitions 1 In this Regulation, (a) “Act” means the Weed Control Act; (b) “director” means the director of the Ag Research Division of the Department of Agriculture and Rural Development; (c) “licence” means a licence to operate a seed cleaning plant issued under this Regulation; (d) “seed cleaning plant” means a building, structure or vehicle designed, intended or used for cleaning grain or seeds to be used for seeding. AR 15/2003 s1;120/2006;35/2007;68/2008 Request for inspection 2 An applicant for a licence shall contact the municipal secretary of the municipality where the seed cleaning plant is located and the municipal secretary shall request an inspector to inspect the plant. Section 3 AR 15/2003 SEED CLEANING PLANT REGULATION 2 Inspection forms 3 An inspector who inspects a seed cleaning plant shall complete Form 1 or 2 of the Schedule, as the case may be. Licence 4 The director or a person authorized by the director may issue a licence in Form 3 of the Schedule if an applicant obtains (a) a final rating of 60% or more on Form 1, or (b) in the case of a portable seed cleaning plant, a final rating of 60% or more on Form 2. Term of licence 5 A licence expires one year after its date of issue. Transfer of licence 6(1) No licensee may transfer a licence. (2) A licence that has been transferred is void. Sanctions 7(1) An inspector who is of the opinion that a licensee or an applicant for a licence has contravened or is contravening section 26(2), 31, 32, 33, 34, 35, 36 or 37 of the Act or a provision of this Regulation may report it to the director. (2) If the inspector intends to or makes a report under subsection (1), the inspector shall inform the licensee or applicant in writing not later than 7 days after reporting to the director that (a) the inspector has made or is making a report to the director, and (b) the licensee or applicant may make representations or submissions to the director up to 14 days after being informed under this subsection. (3) Delivery of a letter that complies with the requirements of subsection (2) to the address of the licensee as stated on the licence or to the last known address for the applicant in the records of the chief administrative officer of the municipality where the plant is located is deemed to be delivery to the licensee or the applicant, as the case may be. (4) The director may, not earlier than 15 days after a licensee or applicant for a licence has been informed under subsection (2), Section 8 AR 15/2003 SEED CLEANING PLANT REGULATION 3 suspend or cancel any licence, or refuse to issue or renew a licence, if the director is satisfied that the licensee or applicant for a licence has contravened any of the provisions referred to in subsection (1). (5) A licensee or applicant for a licence may appeal the decision of the director under subsection (4) to the Minister. Moving plant or equipment 8 The owner or operator of a portable seed cleaning plant or other equipment used to clean grain or seeds that is being moved from one municipality to another municipality shall give written notification of the move to the inspector of the receiving municipality at least 24 hours before the move. Continuation of licence 9 A licence under the Seed Cleaning Plant Regulation (AR 122/82) is continued as a licence under this Regulation. Expiry 10 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 1, 2011. AR 15/2003 s10;120/2006 Repeal 11 The Seed Cleaning Plant Regulation (AR 122/82) is repealed. Schedule Form 1 Seed Cleaning Plant Licensing Form PLANT: ADDRESS: Licences are issued to Seed Cleaning Plants under authority of the Weed Control Act. The purpose of licensing is to protect users from the spread of weeds due to faulty practices, design or maintenance of seed cleaning plants. Plants are to be rated in two categories: Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 4 1. The design, maintenance, and operation of the plant relating to the prevention of cross-contamination of lots of seeds. 2. The quality of the end product or seed produced. Section 1. - Cross-Contamination In order to receive a licence, a plant must be designed and operated in a manner that eliminates the possibility of cross-contamination. The score obtained in this section contributes 50% towards the final rating. A 60% final rating must be obtained to receive a licence. In scoring a plant, please indicated N/A opposite any category that does not apply to the plant being rated. Possible score is weighed to reflect the relative importance of each item. Assess score for each item within range stated under “Possible Score” column. The overall rating will be the percentage of total possible score leaving out those items not applicable. POSSIBLE SCORE SCORE ITEM 0 - 8 1. Receiving pit in good repair, lining intact, and no obstruction to hold seed, etc. 0 - 2 2. Legs have sufficient space between cup and belt. 0 - 2 3. Legs or augers are equipped with a clean-out access. 0 - 10 4. Boots cleaned between lots. (If score is zero in Item #3, then score a zero for Item #4). 0 - 5 5. Cleaning machines cleaned and/or flushed between lots. 0 - 10 6. Bin linings smooth and in good repair, no obstructions to catch seed. (Bins needing repair, numbers ). 0 - 8 7. Bins covered on top or otherwise protected to prevent mixing. 0 - 4 8. All spouting in good repair and have no holes or leaks. Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 5 0 - 4 9. All hoppers in good repair and have no holes or leaks. 0 - 5 10. Floors in cupola clean of spilled grain, weed seeds, refuse and dust. 0 - 8 11. All cleaning machinery, including screens, are in good repair. Defects are: , , , . 0 - 8 12. All cleaning machinery accessible for cleaning and kept free of accumulated seeds and dust. 0 - 4 13. A rough analysis is done prior to truck unloading, and this record is on file. 0 - 4 14. Main area clean of spilled grain, weed seeds, dust and refuse. 0 - 3 15. Basement clean of spilled grain, weed seeds, dust and refuse. 0 - 2 16. Treater(s) in good repair and properly spouted to allow free flow and containment of treated seed. 0 - 4 17. Treater floor clean of spilled grain, weed seeds, dust, refuse, and is tight to prevent spilled grain or chemical from escaping. 0 - 3 18. Treater(s) cleaned between lots. 0 - 4 19. Driveway in good repair (no cracks or obstructions to catch and hold seeds). 0 - 5 20. Loading out of screenings controlled to reduce loss of weed seed. 0 - 5 21. Licence displayed in conspicuous place. 0 - 5 22. Suitable grading and inspection facilities present and used. With no N/A - maximum possible score = 113 Total score obtained = (a) Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 6 Total maximum possible score = (b) (exclude N/A points) Percent rating = (a) ( ) x 100 = % Section 1 (b) ( ) Section 2. - Product Turned Out The plant can obtain up to 50% of its final rating based on the end product meeting Canada Seed Grade standards for weed seed content. Five percent or 20 samples of seed lots, whichever is greater, collected over the year constitutes a bare minimum on which to judge the product. Samples must be collected on at least 10 different occasions and without prior notice of when they are to be collected. 1. No. of samples x 2 = total possible. 2. Points scored (basis of purity) 2 points for each No. 1 Seed 2 x = (a) 1 point for each No. 2 Seed 1 x = (b) Minus (-) 2 points for each rejected 2 x = (c) Points obtained from samples graded (a + b - c) = Percent = Points obtained ( ) x 100 = % Section 2 Points possible ( ) FINAL RATING - Section 1 ( )% + Section 2 ( )% = % 2 Seed Cleaning Plant I hereby certify that I have personally inspected the above plant and that the plant meets all of the requirements and standards for the final rating given. Inspector Date I hereby certify that the Inspector has discussed the rating with me and advised me of the final rating that the plant will receive. Plant Manager or Board Member Date Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 7 A Plant must obtain a Final Rating of 60% or greater to receive a licence. COMMENTS: Form 2 Portable Seed Cleaning Plant Licensing Form PLANT OPERATOR: ADDRESS: PHONE NO. Licences are issued to Seed Cleaning Plants under authority of the Weed Control Act. The purpose of licensing is to protect users from the spread of weeds due to faulty practices, design or maintenance of seed cleaning plants. Plants are to be rated in two categories: 1. The design, maintenance, and operation of the plant relating to the prevention of cross-contamination of lots of seeds. 2. The quality of the end product or seed produced. Section 1. - Cross Contamination In order to receive a licence, a plant must be designed and operated in a manner which eliminates the possibility of cross-contamination. The score obtained in this section contributes 50% toward the final rating. A 60% final rating must be obtained to receive a licence. In scoring a plant, please indicate N/A opposite any category that does not apply to the plant being rated. Possible score is weighed to reflect the relative importance of each item. Assess score for each item within range stated under “Possible Score” column. The overall rating will be the percentage of total possible score leaving out those items not applicable. Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 8 POSSIBLE SCORE SCORE ITEM 0 - 5 1. Grain receiving system in good repair and no obstructions to hold seed, etc. 0 - 2 2. Legs have sufficient space between cup and belt, and are in good repair. 0 - 2 3. Legs or augers are equipped with a clean-out access. 0 - 10 4. Boots cleaned between lots. (If score is zero in Item #3, then score a zero for Item #4). 0 - 5 5. Cleaning machines cleaned and/or flushed between lots. 0 - 5 6. Clean grain conveyor in good condition (auger, leg, etc.). 0 - 7 7. All spouting in good repair and have no holes or leaks. 0 - 8 8. Equipment for cleaning the machine and floor is adequate. 0 - 8 9. Machine cleaned of spilled grain, weed seeds, refuse and dust prior to moving from one location to another. 0 - 5 10. Service vehicle kept clean and free of grain, weed seeds, and refuse. 0 - 8 11. All cleaning machinery, including screens, are in good repair. Defects are: , , , . 0 - 4 12. A rough analysis is done prior to truck unloading and this record is on file. 0 - 4 13. Treater(s) in good repair, kept clean, and properly spouted to allow free flow and containment of treated seed. 0 - 3 14. Treaters(s) cleaned between lots. Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 9 0 - 5 15. Loading out of screenings controlled to reduce loss of weed seed. 0 - 5 16. Licence displayed in conspicuous place. With no N/A - maximum possible score = 86 Total score obtained = (a) Total maximum possible score = (b) (exclude N/A points) Percent rating = (a) ( ) x 100 = % Section 1 (b) ( ) Section 2. - Product Turned Out The Plant can obtain up to 50% of its final rating based on the end product meeting Canada Seed Grade standards for weed seed content. Twenty samples collected over the year constitutes a bare minimum on which to judge the product. Samples must be collected on at least 10 different occasions and without prior notice of when they are to be collected. 1. No. of samples x 2 = total possible. 2. Points scored (basis of purity) 2 points for each No. 1 Seed 2 x = (a) 1 point for each No. 2 Seed 1 x = (b) Minus (-) 2 points for each rejected 2 x = (c) Points obtained from samples graded (a + b - c) = Percent = Points obtained ( ) x 100 = % Section 2 Points possible ( ) FINAL RATING - Section 1 ( )% + Section 2 ( )% = % 2 Seed Cleaning Plant I hereby certify that I have personally inspected the above plant and that the plant meets all of the requirements and standards for the final rating given. Schedule AR 15/2003 SEED CLEANING PLANT REGULATION 10 Inspector Date I hereby certify that the Inspector has discussed the rating with me and advised me of the final rating that the plant will receive. Plant Manager Date A Plant must obtain a Final Rating of 60% or greater to receive a licence. Less than 60% - the licence is cancelled. COMMENTS: Form 3 Licence to Operate a Grain and Seed Cleaning Plant Authority is hereby given to (Name) of (Address) to operate a grain or seed cleaning plant for the purpose of cleaning grain or seed under the Weed Control Act (Alberta). RATING % Restrictions Expires (Date of Expiry) Issued by (specify Director or, if issued by Inspector, set out name of Inspector and name of Inspector’s municipality) (Signature of Director or Inspector) □