be sent to the CGC or a third-party lab for analysis. • The farmer and elevator will share the costs of forwarding the grain sample; any costs associated with testing the sample will then be the responsibility of the party found to be in error. • The agreed-upon contract terms will prevail for any other quality concerns outside of the CGC standards, such as falling number and DON. If a dispute on these terms is initiated, a sample can be sent to a third party for assessment. The Code is required to be posted in a visible location at receiving facilities, ensuring that all parties are aware of their responsibilities and how any disputes will be handled. The Code is also available online at www.gfo.ca/marketing. SOYBEANS Soybeans are not covered under the Code of Practice but rather the Agreement for Marketing of the Ontario soybean crop, which was agreed upon in 2016. The agreement allows for market forces to dictate the costs associated with cleaning and handling, drying charges, and moisture discounts and are to be agreed upon by the farmer and the dealer before delivery. Disputes can be addressed by forwarding a sample to a CGC or other third-party inspector. The agreement can be found a www.gfo.ca/marketing. INDUSTRY IMPACT A year after the updated Code was established, Grain Farmers of Ontario’s manager of market development and sustainability, Dana Dickerson, says that it has provided the marketplace with a consistent, fair, and concise mechanism for ensuring that grain quality continues to meet the demands of end-users while protecting the interests of producers and grain buyers. “We saw a need to champion a process that would ensure that any disputes were handled quickly, efficiently, and transparently,” she says. “The updated Code endorsed by our organizations provides a framework to ensure that all parties in grain Ontario transactions are are being treated fairly and respectfully.” “Maintaining an efficient, transparent and collaborative grain marketing system is imperative to the sustainability of the industry,” she adds. “The Code is one of the mechanisms by which we can do that.” "The Code of Practice was initially developed in the 1990s," says Ron Campbell, OABA's operations and member services manager. "OABA was pleased to work with Grain Farmers of Ontario and Ontario Canola Growers to update the document to better reflect current grain marketing practices. Having a consistent and transparent process for receiving grain at elevators is beneficial for the entire industry." ONTARIO GRAIN FARMER 29 OCTOBER 2023 The Code identifies best practices for deliveries to country or terminal elevators to be inspected and serves as a framework for addressing disputes. Code of Practice for trade in barley, canola, corn, oats, and wheat in Ontario All of the identified commodities shall be inspected on the basis of the grades established under the Canada Grain Act. Every elevator and operator shall have the necessary equipment, calibration charts and trained personnel to ensure results are consistent with the standards set by the Canadian Grain Commission (CGC). Such equipment must be calibrated/ checked at least annually. Any person delivering the identified commodities on behalf of a producer is deemed to be the agent of that producer and is authorized to act on their behalf. Upon request, the producer or agent shall be advised of the grade, dockage, condition, and moisture assigned to the load prior to unloading. All grade disputes shall be initiated within 24 hours of delivery. A sample shall be taken at the time of delivery and retained for a period of 24 hours. When a sample is taken, all parties shall accept the sample as fair and representative of the load from which it is taken. If a dispute is initiated, the sample shall be sent to an agreed upon third-party independent lab or the CGC for analysis. The sample submitted to the inspection service shall be no less than 1 kilogram in weight. All testing and inspection results for the purposes of assessing/assigning grade, dockage, condition, and/or moisture shall be accepted as final. In accordance with the agreement (Grain Farmers of Ontario; Ontario Agri Business Association; Ontario Canola Growers), costs for forwarding representative samples to the third-party assessor shall be shared equally between the producer and elevator operator. However, fees associated with the testing and inspection of samples shall be the responsibility of the party found to be in error. 1 The holder of a license as an elevator operator and/or dealer agrees to abide by the Code of Practice for trade in barley, canola, corn, oats, and wheat (the “identified commodities”) in Ontario; 2 The Code of Practice must be posted at each licensed operation in such a location that a producer or producer’s agent will be able to read the Code of Practice prior to unloading of the identified commodities. Additionally, it is recommended that the operation publishes this document online where relevant. Producer deliveries to country or terminal elevators NOTE For other quality commercial specifications outside of CGC grade standards (e.g. falling number and DON), agreed contract terms will prevail. If testing is conducted by the elevator operator at the time of delivery and the delivery agent wishes to initiate a dispute, a sample can be sent to a third party for assessment and the dispute resolution process followed. The parties should utilize all reasonable efforts to resolve the dispute promptly and in good faith. Failing any of the above, the parties may agree to submit the dispute to mediation and if that is unsuccessful within a prescribed time, the parties may agree to proceed further to arbitration. Soybeans are covered under the 2022 Agreement for the Marketing of the Ontario Soybean Crop. This code was developed by Grain Farmers of Ontario, the Ontario Agri Business Association, and the Ontario Canola Growers Association as a recommendation of best practice for dispute resolution. OTHER QUALITY CONCERNS Dickerson also says that it is important for producers to know that, under the Canada Grain Act, CGC-licensed elevators are prohibited from receiving or discharging grains containing any “injurious, noxious, or troublesome insect or pest.” “This is sometimes an issue with old-crop carryover that has been stored,” says Dickerson. “To ensure deliveries are not rejected at delivery, it is important to ensure bins are clean and grain protectants are employed at harvest.” If a grain infestation is suspected and an on-farm fumigation is required, farmer-members can contact a pest management service. l
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