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Seed
Arbitration
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Seed
Arbitration Process
Request:
- Grower should call the plant board
for arbitration forms (written
notice of intent form) and a copy of the Arbitration
Law.
- Grower files a written notice of
intent to seek arbitration within reasonable time after the alleged
defect or violation becomes apparent, to permit inspection of
the crops or plants during the growing season.
- Plant Board Director sets meeting
between grower & labeler for purpose of resolving dispute
- After this meeting, if not resolved,
the Arbitration
Request Form is officially filed. Remember to:
- Attach copy of label from seed
- Attach copy of invoice showing
lot number, location where purchased and amount purchased
- Attach filing fee
- Determine if the Arbitration will
be Binding
- Grower must send a copy of arbitration
request to the Seed Labeler by United States registered mail.
- Labeler ( within 10 days after receipt
of complaint) must file his answer to the complaint with the Director
of the Plant Board.
- The Plant Board Director will refer
the request for arbitration to the Seed Arbitration Committee.
Investigation:
- Plant Board will send an inspector
to make an initial investigation as soon as possible after receiving
the request for arbitration.
- The Arbitration Committee Is Authorized:
- to examine the buyer on his use
of the seed (production data)
- to examine the labeler / dealer
on his packaging, labeling and selling operation of the seed
(lot history)
- to grow a representative sample
of the seed under the supervision of the plant board director
- to hold informal hearings
- to seek evaluations from authorities
in allied disciplines
- to direct individual members of
the committee to make investigations and report their findings
in writing to the committee
Findings:
- The Arbitration Committee reports
the findings and recommendations to the buyer & labeler or
dealer by registered mail.
- The consumer & seedsman give
written notice to the acceptance or rejection of the committee’s
recommended terms of settlement within 30 days from issuance.
Seed
Arbitration Law
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The
following link is an Adobe PDF document
and requires the Acrobate Reader to view or print.
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| Arbitration
Of Defective Seed Claims |
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PDF forms require the Adobe Acrobat Reader. Click the icon to download the current version of the free program. |
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