Employment of a qualified supervising weighmaster who shall daily witness the handling and weighing of a representative number of cars and/or contents when elevator is in operation.

Supervising weighmaster to screen, bond, and administer the oath to all weighmasters coming under the supervision of said market.

Print a uniform weight certificate and car condition report on standard form Each elevator to make a daily report of all cars loaded and unloaded on standard form, this report to be sent to the office of the Secretary and in certain cases to Weighing and Inspection Bureau District office.

There will be cases of cars loaded and unloaded in sequence where one car is short and the other car is over. In such cases, overage shall be applied against shortage after proper investigation has been made or weight certificate cancelled and settlement made on billed weight.

When weighing is performed over track scales, weight certificate shall show gross, tare and net.

These certificates to be issued from original scale tickets or daily reports sent in by the elevators, scale tickets preferred.

No dust collecting system to be installed between car and scales unless material collected is returned to the leg.

A text of grain weighing instructions to be issued all weighmasters, they in turn to be given an examination on its contents by the Supervisor of Weights. Authorized railroad representatives to have access to all records pertaining to the issuing of official weight certificates, as well as being allowed to examine all grain handling facilities where the issuing of such certificates are involved. If Supervising Weighmaster at any time has reason to believe weights at a certain elevator are showing excessive variations, he should feel free to call on carriers local Agents and have a number of cars track scaled.

GRAIN MARKET CLASSIFICATIONS

Class 1.-Weight certificates issued by State Weighing Departments or Chambers of Commerce, Boards of Trade, Grain Exchanges, or other like trade boards where weighing is performed by authorized elevator employes under the supervision of employes of any of the above organizations who witness the handling and weighing of all car and/or contents.

Class 2.-Weight certificates issued by or on authority of State Weighing Departments or Chambers of Commerce, Boards of Trade, Grain Exchanges, or other like trade boards where weighing is performed by authorized elevator employes under the supervision of employes of any of the above organizations who daily witness the handling and weighing of a representative number of cars and/or contents during each shift at each and every elevator.

Class 3.-Weight certificates issued by or on authority of State Weighing Departments or Chambers of Commerce, Boards of Trade, Grain Exchanges, or other like trade boards which exercise little or no supervision over the handling or weighing of cars and/or contents by elevator employes.

Class 4-Weight certificates issued by individual mills and/or elevators under the heading of State Certificates of Weights and Measures, Public Weighmaster's Certificate of Weight and Measure under a State Department of Agriculture or Board of Commissioners as an Agency of a State, who assume the responsibility of testing scales but perform little or no supervision over the actual weighing of the grain by elevator employes.

Class 5-Weight certificates issued by individual mills and/or elevators which do not have any supervision by a recognized weighing organization, but notwithstanding such lack of supervision, issue a weight certificate headed "Official Weighmasters Certificate" or "Weighmasters Certificate."

CHAMBER OF COMMERCE OATH

STATE OF

County 88:

I. do solemnly swear that I will honestly, conseientiously, fairly, impartially and to the best of my ability, judgment and understanding do, perform, carry out, execute and discharge all the duties and obligations which may from time to time be required of me in the course of my employment as weigher or assistant weigher of all grain, seeds and other agri

cultural products which may hereafter be bought, sold, dealt or traded in by the Chamber of Commerce or by any of its members, customers, agents or representatives by whom I may be employed, and will at all times, in the discharge of the duties and obligations of my said employment, observe, conform to, abide and be controlled by all rules and regulations of the Chamber of Commerce now or hereafter in force, including all instructions and directions relating and pertaining to the duties of my employment which may from time to time be given me by the Chamber of Commerce, or by any of the duly authorized and accredited officers, agents or representatives, and in event I shall at any time make any error or mistake in the discharge of my duties, and shall thereafter discover, or have the fact of such mistake or error in any way brought to my attention, that I will promptly report such error or mistake to the secretary of the Chamber of Commerce with an explanation of the circumstances and conditions under which said mistake or error was made.

This is to certify that

has been duly sworn to conform to and abide by the rules and regulations prescribed by the Chamber of Commerce relating to the weighing and keeping of legible weight records. Therefore, he is authorized to act as deputy weighman at the plant of for the Chamber of Com

--9

merce unless revoked for cause.

Given under our hand and seal this
of

day

19----.

Supervisor of Weights

[The following material was referred to on p. 39:]

NEWS-U.S. DEPARTMENT OF AGRICULTURE

BUTZ SAYS GRAIN IRREGULARITIES "RELATIVELY SMALL"

WASHINGTON, May 30.-"As we press forward on the investigation of irregularities in the handling of export grain at our ports, we should keep in mind that we are talking about irregularities in a relatively small number of cargoes and among a small number of inspectors and samplers," Secretary of Agriculture Earl L. Butz said today.

"Our preliminary estimate at the moment is that we have received complaints on fewer than one percent of the cargoes of 1974 wheat, corn and soybeans that have moved overseas. This has been true even though the 1974 crops were of uneven quality due to last year's bad weather.

"Our investigations, which have been underway for more than a year in the New Orleans and Houston ports, have turned up indictments against 14 licensed inspectors and samplers. That is 7 percent of the 200 licensed inspectors and samplers on duty in those ports. The vast majority of the inspectors and samplers at these ports, and elsewhere, are hard-working, honest, dependable people. None of those indicted is an employee of the Department of Agriculture," the Secretary said.

"We should keep this in perspective as we double our efforts to root out any irregularities. The United States is the world's most dependable source of grain and agricultural products. Our inspections of grain exports, over-all, are sound and dependable.

"As we move vigorously through our investigations, and take remedial action, this will serve to enhance our reputation. It will also be a comfort to those hardworking and honest inspectors, samplers, and trade people who have helped the United States become the best market in the world."

70-654-765

Senator BELLMON. I would like to say Senator Dole was unavoidably absent. He is in New York attending a funeral. I am sure his constituents will understand.

Senator HUMPHREY. You are Mr. McKee?

Mr. MCKEE. Right.

Senator HUMPHREY. You are, sir?

Mr. FISHER. Orville Fisher.

Senator HUMPHREY. Do you want to lead off, Mr. McKee?
Mr. MCKEE. Yes.

Senator HUMPHREY. Thank you.

I have to be a little more firm on the time.

I will have our clerk just put a slip in front of you when the time is up.

STATEMENT OF DAVID E. MCKEE, COLLINGWOOD GRAIN, INC., AND KANSAS GRAIN AND FEED DEALERS ASSN., HUTCHINSON, KANS.

Mr. McKEE. My name is David E. McKee. I am representing Collingwood Grain, Inc., and the Kansas Grain and Feed Dealers Association.

Mr. Orville Fisher, who is manager of the Topeka Mill and Elevator Company, Inc., of Topeka, Kans., is appearing with me. These groups represent terminal and country elevator facilities in Kansas. These facilities help grain producers market their production.

We feel that the Kansas State Grain Inspection Department has done an outstanding job in the grading and weighing of grain and we want to speak on its behalf.

The Kansas State Grain Inspection Department is an agency of the State of Kansas and among other responsibilities is charged with the responsibility of sampling for inspection, official inspection, and protein analysis where required. The agency also supervises the official weighing and warehousing of grain within the State of Kansas. These responsibilities are spelled out in detail in K.S.A. 34–102, a copy of which is attached hereto and by reference made a part of this statement.

34-102. Duties of chief inspector; certificates of weight; scale tickets; grain cleaners; penalty for violations. It shall be the duty of the chief inspector to have a general supervision of the inspection, sampling, sampling for inspection, and weighing of grain, as required by this act or the laws of the state; to supervise the handling, inspection, sampling, sampling for inspection, and weighing, protein analysis, and storage of grain; to establish necessary rules and regulations therefor; and for the management of the public warehouses of the state, as such rules and regulations may be necessary to enforce the provisions of this act or any law of this state in regard to the same; to keep proper records of all the inspection, sampling, sampling for inspection and protein analysis, and weighing done into and out of warehouses licensed by law to do business in this state, for which purpose he shall have provided books, blanks, and other material needed in order to keep perfect and proper records He shall investigate all complaints of fraud or oppression in the grain trade, and correct the same so far as may be in his power.

It is hereby declared unlawful for boards of trade, chambers of commerce or any civil or commercial organizations of similar character, to have charge of weighing or issue official certificates of weight on grain at any point within

the state. All certificates of weight except those issued by private industries for the purpose of making settlement with their own customers, shall be issued by officials or employees of the Kansas state grain inspection department, on the regular form of weight certificates adopted and approved by the chief inspector. All scales over which official state weights of carlots of grain are taken shall be equipped with type-registering beams, in order that an original punched scale ticket may be taken of each draft weighed. The original punched scale ticket shall become the property of the Kansas state grain inspection department, and shall be filed as a record of the weight. It is hereby declared unlawful for any person, company or corporation to install or continue to maintain at any elevator, mill or warehouse where official state weights are given, any blower, suction fan, cleaner or other device for the purpose of removing dirt, seeds, sticks, chaff or any like substance from grain unloaded into said elevator, mill or warehouse before the grain has been officially weighed. It is hereby declared to be unlawful for any person, persons, firm or corporation to in any manner change or alter an official state inspection or weight certificate after it has been issued.

Where an official state weight certificate has been issued on any lot of grain, the purchaser must make settlement on the basis of the amount of grain shown on the said weight certificate. Any person, persons, firm or corporation who shall violate the provisions of this act shall be deemed guilty of misdemeanor and upon conviction shall be fined a sum of not less than one hundred dollars or more than five hundred dollars, or imprisonment in the county jail for a period of not less than thirty days or for more than one year, or both fine and imprisonment. (L. 1907, ch. 222, § 3; L. 1915, ch. 229, § 2; L. 1921, ch. 199, § 1; R.S. 1923, 34-102; L. 1933, ch. 189, § 5; June 30.) Source or prior law: L. 1891, ch. 248, § 37; L. 1897, ch. 138, § 3; L. 1903, ch. 325, § 1.

Research and Practice Aids: Weights and Measures, 8.

Hatcher's Digest, Inspections § 1; Mandamus §§ 1, 7 to 15.
C.J.S. Weights and Measures § 6.

The Kansas State Grain Inspection Department has designated a chief inspector who has general supervision of the inspection, sampling, and weighing of grain. The department maintains 12 inspection stations throughout the State of Kansas. It employs 193 fulltime employees in inspection and weighing, including samplers, weighers, lab technicians, clerical personnel, secretaries, accountants, and the like, and during periods of heavy grain movement hires up to 50 additional employees as required.

The inspection stations provide the necessary personnel to promptly sample and grade grain. It is essential to the movement of grain that the inspection function be provided in a timely and efficient manner in order to avoid total disruption of the movement of grain from the producers to the domestic and foreign markets.

The inspectors employed by the Kansas State Grain Inspection Department are federally licensed and are required to inspect and grade grain tendered for inspection and grading in accordance with the United States Grain Standards Act. The inspectors are required to issue a certificate of grade in accordance with the regulations issued pursuant to the United States Grain Standards Act. The grain sample is procured in accordance with the methods prescribed by the U.S. Department of Agriculture.

In the normal course of events, a country elevator will ship grain in a rail car to the nearest inspection station. The inspection station will promptly determine the grade of the grain. Based upon this determination, a decision will be made by the shipper or consignee as to the disposition of the grain. It is essential that the quality of

the grain be determined prior to moving the grain from the inspection point. If samples of grain are not taken, graded, and reported promptly during times of heavy grain movement a chaotic congestion of railyards and shortage of cars could quickly result. In addition, substantial demurrage charges could be incurred. The personnel of the Kansas State Grain Inspection Department have promptly graded and reported all samples on carload shipments regardless of the overtime required, including work during weekends and holidays when necessary.

The total revenues received by the Kansas State Grain Inspection Department for grading and weighing grain during the year ended June 30, 1975, was $2,559,434. Revenue from the five largest markets constituted $2,162,878 of the total revenue. This amounted to more than 84 percent of the total revenues received for inspection and weighing of grain. Under the proposed bill, these five markets would come under Federal control.

If the five largest markets in the State of Kansas were removed from the responsibility of the Kansas State Grain Inspection Department, it would be difficult to provide inspection, grading and weighing of grain at the other inspection stations without either substantially increasing the cost of providing such services or such services would no longer be available in those areas-which would disrupt the marketing of grain produced and be detrimental to elevators and processing industry in the area served by such stations.

In addition to the sampling, inspection, and grading of grain, the Kansas State Grain Inspection Department is charged with the responsibility of supervising the weighing of grain. The supervising weighmaster is required to make such regulations as may be necessary to secure correct weights. The weighmaster is required to test and approve for official weights all scales used for loading or unloading rail or barge shipments not less frequently than twice a year. The official State weight certificate constitutes the basis for settlement of grain transactions.

The prompt and accurate inspection, grading, and weighing of grain is essential to our businesses. Over years of experience we have developed confidence in the Kansas State Grain Inspection Department and its ability to accurately and promptly provide necessary information for the sale and shipment of grain. We are concerned that the proposed legislation would substitute an unknown quantity with little operational experience for a State agency which has proven its merit over years of practical experience. The increased costs that would be involved with a Federal inspection agency through higher salary schedules and the like would result in higher inspection fees which would indirectly be borne by producers.

We do not feel that it is desirable for the proposed legislation to interfere with the efficient grain inspection and weighing system that we have in the State of Kansas.

Senator HUMPHREY. Well, I think that is a very fine statement about your State system.

Just for the record, in other words, all of these are public employees of your State?

Mr. MCKEE. They are civil service, all except the director.