3 Del. Admin. Code § 802-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 802-4.0 - Certification Of Granaries

4.1 No business shall act as a grain facility without first having obtained a certification as herein provided.

4.2 Every grain facility proposing to transact business within the State of Delaware shall make annual application. The application shall be on a form furnished by the Department, and shall contain the following information and such other relevant information as the Department shall require:

4.2.1 The name and address of the applicant;

4.2.2 The name and address of all applicable local agent or agents, if any;

4.2.3 The location of the applicant's principle place of business;

4.2.4 The kind of grain the applicant proposes to handle;

4.2.5 The type of grain business the applicant proposes to conduct;

4.2.6 Registration of all grain testing equipment;

4.2.7 Registration of all employees who are proposed to conduct testing of grain.

4.3 No granary shall be certified, or shall remain certified, unless such granary:

4.3.1 Has applied for certification to the Department;

4.3.2 Employs licensed grain inspectors;

4.3.3 Has registered all grain testing equipment owned and operated by the granary;

4.3.4 Maintained a grain sample preservation protocol as approved by the Department;

4.3.5 Maintained good record keeping procedures, and keeps records for at least one year;

4.3.6 Has disclosed their grain discount schedules and posted them in a conspicuous location at the grain inspection station.

4.4 The Department, after due notice and opportunity for a hearing, may, in its sole and absolute discretion, deny, suspend, or revoke any certification where the Department finds the granary has committed any violation of the grain law or regulation of the Department.

4.5 The Department, after due notice and opportunity for a hearing, may deny an application for granary registration if the applicant has committed any violation under the grain law or regulation. Such decisions shall be final, binding and not subject to appeal.

3 Del. Admin. Code § 802-4.0