80-4-302. Definitions and specifications. The following definitions and specifications are hereby adopted and made legal:
     (1) "Damaged seeds" include all seeds and pieces of seeds of mustard seed which are completely covered with mold, very green, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise distinctly damaged.
     (2) "Dockage" includes sand, dirt, weed seeds, weed stems, chaff, straw, mustard seed other than tame mustard, and any other foreign material which can be removed readily from the mustard by the use of appropriate sieves, cleaning devices, or other practical means suited to separate the foreign material present. The term also includes undeveloped, shriveled, and small pieces of mustard seeds removed in properly separating the foreign material which cannot be recovered by properly rescreening or recleaning. The quantity of dockage shall be calculated in terms of percentage. When less than 1/2 of 1% it shall be disregarded. The percentage of dockage so determined and stated shall be added to the grade designation. Dockage is to be calculated in gradients of 1/2 of 1%, that is to say, 0% to 0.4% will be designated as no dockage, 0.5% to 0.9% will be designated as 1/2 of 1% dockage, 1% to 1.4% will be designated as 1% dockage, 1.5% to 1.9% will be designated as 1.5% dockage, and so on.
     (3) "Foreign material other than dockage" includes all matter other than tame cultivated mustard seed which is not separated in the proper determination of dockage. However, rapeseed, common wild mustards, and other seeds that blend with class 2 and class 3 mustard seed and thus are not readily identified and the total of which is not in excess of 2.5% shall not be considered foreign material and shall not be considered in grading such classes of mustard seed.
     (4) "Heat damaged seeds" include seeds and pieces of seeds of mustard seed which have been distinctly discolored by external heat or as a result of heating caused by fermentation.
     (5) Percentages, except in the case of moisture, shall be percentages ascertained by weight.
     (6) Percentage of moisture shall be that ascertained by use of the equipment and procedure prescribed by the department.
     (7) Percentage of dockage shall be that ascertained by use of the equipment and procedure prescribed by the department.
     (8) The test weight per bushel shall be the weight per winchester bushel as determined by the testing apparatus and the method of use thereof prescribed by the department or as determined by any device and method which give equivalent results in the determination of test weight per bushel.

     History: En. Sec. 2, Ch. 35, L. 1941; amd. Sec. 1, Ch. 31, L. 1971; amd. Sec. 21, Ch. 13, L. 1977; amd. Sec. 6, Ch. 315, L. 1977; R.C.M. 1947, 3-1902(1) thru (4), (6) thru (9).