Grain and Feed Trade Association 124 Sampling Rules

12
,# Effectiverorcontractsdatedrromt"""t'nfto : r24 Gntto copyrisht -/ TIIE GRAIN AND FEED TRADE ASSOCIATION GAFTA SAMPLING RIJLES \ RULES FOR SAMPLING AND ANALYSIS INSTRUCTIONS FOR GRAIN, FEEDINGSTUT'FS RAW MATERIALS, CEREAL BY.PRODUCTS, PULSES, SEEDSAND RICE GAFIA HOUSE 6 CIIAPEL COURT, CIIAPEL PLACE RWINGTON STREET LONDON EC2A 3DQ Tel: 0171 814 9666Facsimile:0l7l 814 8383 Telex: 886984 124t1

Transcript of Grain and Feed Trade Association 124 Sampling Rules

Page 1: Grain and Feed Trade Association 124 Sampling Rules

,#Effectiverorcontractsdatedrromt"""t'nfto

: r24 Gntto

copyrisht -/TIIE GRAIN AND FEED TRADE ASSOCIATION

GAFTA SAMPLING RIJLES \

RULES FOR SAMPLINGAND ANALYSIS INSTRUCTIONS

FORGRAIN, FEEDINGSTUT'FS RAW MATERIALS,

CEREAL BY.PRODUCTS, PULSES,SEEDS AND RICE

GAFIA HOUSE6 CIIAPEL COURT, CIIAPEL PLACE

RWINGTON STREETLONDON EC2A 3DQ

Tel: 0171 814 9666 Facsimile: 0l7l 814 8383 Telex: 886984

124t1

Page 2: Grain and Feed Trade Association 124 Sampling Rules

RIJLE INDEX1. GENERAL2. METHOD OF DRAWING SAMPLES2:l GENERAL2:2 BAGS2:2:l For goods in bags2:2:2 Bags for cutting and stading2:2:.3 Slab cakes in bags2:3 BULK2:3:L For goods in bulk at loading \

2:3:2 For goods in bulk at- discharge2:3:3 For Slab Cakes in bulk2:3:4 Goods in containers2:4 SECURITY2:5 DIVIDING/QUARTERING

3. SAMPLE BAGS AND SAMPLD COMAINERS3:l CONTAINING BAGS3:2 MOISTURE PROOF CONTAINERS3..3 POLYPROPYLENE/POLYETHYLENE

4. OTTTCIAL SAMPLES REQIIIRED FOR ANALYSIS TESTS AND ARBITRATION PT RPOSES

4:l OFFICIAI SAMPLES4:2 GRAIN, FERTILISER, PULSES, SEEDS AND RICE4:2:1. Grain, Fertiliser, Pulses, Seeds and Rice Except Malting Barley

4:2;2 Malting Badey4:3 GOODS SOLD TALE QUAIE4..4 GOODS DAMAGED OR OUT OF CONDITION OTHER THAN RYE TERMS

4:5 GOODS DAMAGED OR OUT OF CONDITION TRADED ON RYE TERMS

4:6 FEEDINGSTUFFS SOLD ON GAFTA CONTRACTS NOS:6, 8, 15, 22, 95, 96, 97,98, 99, 100' 1004' 101, 102' 103'

4:6:l First AnalYsis Test4:6:2 Second AnalYsis Test4:6:3 Third AnalYsis Test4:6:4 Arbitration SamPle4:6:5 Despatch of Samples and Instructions4:7 FEEDINGSTUFFS SOLD ON GAFTA CONTRACTS NOS: 1' 9 AND 43

4:8 FEEDINGSTUFFS SOLD ON GAFTA CONTRACTS Nos: 109, 113 AND 119

4;9 CONTRACTS NOS: 109 AND 110 - EX STORE4:10 FEEDINGSTUFFS SOLD ON GAFTA CONTRACTS NOS: lO' lO4, lr2 AND 118

4t1l ANALYSIS FOR CASTOR SEED AND/OR CASTOR SEED HUSK

4:12 ANALYSIS FOR SAND AND/OR SILICA4:13 SAMPLING AND ANALYSIS OF FEEDINGSTUFFS AND CEREAL BY PRODUCTS IN BULK DISCHARGED

AT ROTTERDAM AND AMSTERDAM4:14 BAGS/SACKS4:15 GENERAL4:15:1 Methods of AnalYsis4:15:2 Certificates of AnalYsis4:15:3 Mixing4:15:4 Costs4:15:5 Notices4:15:6 Analysts Addresses

5. CERTIT'ICATES PROVIDED AT LOADING

6. STANDING-IN SAMPLING PROITSIONS FOR FtsEDINGSTUTT'S AI\D CEREAL BY'PRODUCTS

6:I GENERAL- FOR ALL PORTS EXCLUDING FRENCH AND BELGIAN PORTS

6:2 FRENCH PORTS6:3 BELGIAN PORTS

7. RETEMION OT SAMPLES

12412

Page 3: Grain and Feed Trade Association 124 Sampling Rules

l : l

l :2

GENERAL

For the purpose of these Rules, the words "Buyers" and 'Sellers' shall be deemed to be the parties to the contractand their respective superintendents at the port where the cargo is loaded and/or discharged, and/or transhipped.The word "sealed" shall mean jointlj, sealed by the Buyers and Sellers or their superintendents. Samples shall besealed in such a menner as to prevent any access to the ssmple without breaking or removing the seal.The seal's mark should be clearly identifiable and cleady visible.

SAMPLE LABELSEvery sample shall be seeled and shall bear the name of the ship, the quantity represented by the sample and thedate the sample was sealed, and atry other pertinent information which may be re4uired on the label as follows:

1.3

SenderM.V.FromToComrnodity

Bags/BulkMarksSbJpper/SellerlBuyerSetNo.. . , Sample No.Date Sealed

Quant i ty representei by th is sample . . , . . . . l .

Part Total Quatrtity ofPurpose of Sample*Arbitration (Quality/Rye Terms), N.Weight/Analysis

* delete as appropriateD/OBII-No.

Receiver Quantity

li4

Seals

Labels may be purchased ft"om Gafta.

If one of the parties is not represented for sampling or refirses !o draw and/or seal samples as called for under thecontract, the other party shall under advice to the defaulting party call in a competent organisation at the port forthe apPointment of an independent superintendent to act on behalf of the defaulting party to draw and/or sealsamples according to these Rules. Extra expenses incurred in this connection shall be bome by the defaulting party.

For parties who have contracted in long tons, samples should be drawn for every 500 long tons, and for parties whohave contracted in metric tons, samples should be drawn every 500 tonnes.

METHOD OF DRAWING SAMPLES

GENERALSamples shall be taken as required by the contract in accordance with the following provisions of the Rules, duringthe discharge, and/or loading and/or transhipment operations. ln the event that the operations pr€clude access to thehold or a mutually agreed acceptable point, the superintendents may stop the operation in order io draw samplesas required by these Rules. The parties are deemed to have agreed to this procedure.If samples are to be drawn outside of natural daylight they must be drawn under full and properly sdequate ship'slighting and/or installation lighting. Irrespective of the time or place of sampling, the quartering, classification andsealing of contractual samples shall always be caried out in daylight or, in artificial light if considered adequateand mutually agreed by the superintendents.

1:5

t

2: l

124t3

Page 4: Grain and Feed Trade Association 124 Sampling Rules

SAMPLING FOINTSSampling points have to be carefully selected, and agreed by the superintendents, at a point where the mmplesdrawn are representative of the goods loaded/discharged'

INCREMENT SAMPLESAccording to the rate of discharge/loading, increment samples shall be taken uniformly and systematically in order

to achieve a representative sample ofthe consignment, and placed in mutually agreed zuitable container(s). As many

increment samples as practically ancl physically possible shall be taken in relation to the discharge/loading, and

where possible, each increment sample should not exceed 1 kilogram. For contractual tonnage over 50O tonnes a

minimum of 20 kilogram bulk sample of increments shall be taken for each 500 tonnes, but if the contractual

tonnage is less than 550 tonnes, the bulk sample of increments drawn shall be not less than 40 kilograru.

222 BAGS

Z:Z:I For goods in bags samples shall be drawn from original bags which are clearly identifiable with the appropriate

markinss,

a) for up to 1OO bags, not less than 20 of the bags shall be sampled;

b) for up to 1000 bags, not less than 50 of the bags shall be sampled, and

c) over 1000 bags, not less than 3% with a minimum of 50 of the bags shall be sampled'

Samples shall be irawn uniformly, by a piercing spear from the top, middle and b6ttom of eacb bag. If it is not

porribl" to efficiently draw a sample by spear, then the original bags ruy be opened to sample by hand scoop.

So far as is possible samples shall be drawn from the ends and middle of the bags in rotation.

Bags - for cutting and starting - where goods are loaded from bags into the vessel, samples shall be taken at the

nea:rest point to G lota, "itt "i

i" accordance with Rule 2:3:1 for goods in bulk, or if not possible' samples shall

be drawn from the bags as provided in Rule 2:2:1 for goods in bags.

Slab Cakes in bagsl one cake to be taken from each of a number of bags selected at random but not less than five

(5) bags per 100 tonnes. Each cake to be broken into eight pieces of about equal size' Each sample shall contain

equal portions from each part of the cake.

BULK

Z:3:L For goods in bulk at loading; increment samples shall be drawn uniformly and systematically, concurently with

loading at the nearest practicable point to the vessel. If samples are drawn from conveyor, or ex-vehicle' or ex-silo

oversiJe to vessel, samples shall be drawn from a moving stream. If loading is by grab, samPles shall be drawn

from lhe quay or barge from the bulk, excluding the run. Where samples are required to be taken from rail wagons

or vehicles, tbe increment samples drawn shall be taken from not less than 3 sampling points from each wagon or

vehicle. lncrement samples shail be taken by ordinary hand-scoop or by other mutually agreed equipment throughout

loading.

Z:3:Z For goods in bulk at discharge; increment samples shall be clrawn uniformly and systematically, concurrently with

discharge, from various parts of the hold in a fair proportion, excluding the run. If for any reason samples cannot

be drawn from the hold, increment samples shall be drawn uniformly and systematically, concurrently with

discharge, at the nearest practicable point to the hold, preferably from a movirg stream when discharging overside'

or to silo, to craft or other means of transport. Increment samples shall be taken by ordinary hand scoop or by other

mutually agreed equipment throughout discharge.

Zt3:.3 Slab Cakes in bulk; five cakes to be selected at random for each 100 tonnes. Each cake to be broken into eight

pieces of about equal size. Each sample shall contain equal portions from each part of the cake'

2t3t4 where goods are loaded, shipped or delivered in containers, in bulk or bags; samples shall be drawn at the

stuffing and unstuffing of the contaher, whatever is appropriaie in accordance with the contract, by the most

practical means possible agreed by the zuperintendents.

2:3

t24t4

Page 5: Grain and Feed Trade Association 124 Sampling Rules

2:4 SECIIR-ITYAt any cessation of work, and when full, the contahers containing the increment samples must be sealed by thesuperintendents, and for safe custody, placed in a mutually approved secure place.

2i5 DIVIDING/QUARTERINGUpon completion of sampling the increment samples in the mutually agre€d suiiable containers shall be emptied onto a well cleaned and flat surface (or for PP/PE bags into the approved mechanical division system - see Rules 3:3),in an area free from any possible contamination. The increment samples representing the total contractual quantityshall be thoroughly mixed into a bulk sample. The bulk sample shall then be divided, quartered and r€duced to therequired quantity needed for the contractual samples

3. SAMPLE BAGS AND SAMPLE CONTAINERS

3:l CB. (CONTAIIIINC BAGSi'CB" means the containing bags shall be new, made ofnon-toxic, odourless, unglazed, insewn, man-made ornaturalfibre or a mixture thereof, sufficiently tightly woven to retain all dust and/or foreign matter and prevent the movingapart of the warp and the weft of the material. They shall be tightly filled and securely tied before sealing,

3t2 MpC. (MOISTIIRE PROOF CONTAINERS)'MPC' means the containers shall be bottles, jars or tins with close fitting lids, or strong polythene ofa minimum250 gauge bags securely tied, and that such containers are labelled and shall be sealed, and if required by eithersuperintendent, enclosed in sealed cotton bags.

3:3 PP/PE. (POLYPROPYLENE/POLYETHYLE|IE) Iri/hen the Council of GAFTA has given prior approval in writing to an operator to use an electrical/mechanicalsystem for quarteri.ng down, packing and sealing samples, bags of sufficiently ventilating foil of PPIPE

'polypropylene/polyethylenematerialrraybeusedinplaceofCBreferredtoin3:labove,orbagsofnon-ventilating

foil ofPP/PE polypropylene/polyethylene material may be used in place of containers MPC referred to in 3:2 above.

4. OTTICIAL SAMPLES REQI]IR-ED FOR ANALYSIS TESTS AND ARBITRATION PT]R"POSES

4:l Official sets of samples are required for every 500 tonnes, or for any balance or contract for a lesser quantity,except where such balance does not exceed 50 tonnes, in which event a further sample is not required and this shallbe recorded on one of the sample labels.All official samples (except for natural weight tests, See Rules No: 65) for any purpose shall be not less than Ikilogram.

4:2 GRAIN, FERTILISER, PTJLSES, SEEDS AN'D RICEUnless the contract stipulates otherwise, sets of samples are required as follows:-

4:2:l For Grain, Fertiliser, Pulses, Seeds & Rice, except Malting BarleyI set of samples consisting of the following:-CB - arbitrationCB - analysisMPC - moisture when required by the contractCB - FAQ standardCB - Natural Weight Tests - See Rules, Form No: 65.These samples to be sent to the offices of GAFTA without delay, unless otherwise stated ir the contract,and shall be mixed and quartered as required by the Association's analysts or arbitrators.

4:2:2 For Malting Barley2 sets of samples are required, to be marked "Set I' and "Set 2" respectively, and each set shall consistof the following:-CB - arbitrationCB - germination/admixtureMPC - moisture/protein/calibration or screeningCB - varietal purityIn addition I set ody is required for the FAQ Standard - CB.Both sets of samples and the FAQ standard sample to be sent to the offices of GAFTA without delay,unless otherwise stated in the contract, and shall be mixed and quartered by the Association's analysts orarbitrators.

124t5

Page 6: Grain and Feed Trade Association 124 Sampling Rules

4:3 ALL CONTRACTS . GOODS SOLD TALE QUALEWhere goods, or part thereof, under & tale quale contract, are damaged by water, oil and/or other liquids, and where

no payment is to be m.de for increase in weight by water, oil and/or other liquids, at the request of either party

one sample shall be taken for 'e$ch of the following:MPC - Sourld GoodsMPC - Water/Liquid/Oil damaged goods.These samples sh;U be sent to the offices of GAFTA, or local public or independent analyst to be mutually agreed,

for the detlrmination of excess water, oil and/or liquirts, the cost to be shared equally by Buyers and Sellers and

the result to be final and binding.

ALL CONTRACTS - GOODS DAMAGED OR OUT OF COI\DrrION OTITER IIrAN RYE TERMS

Sellers' Superintendent at Buyers' request shall jointly seal samples of goods damaged or out of condition, but

without prejudice to Sellers' rights and responsibilities under the contract. Each type of damage shall be sampled

separatd. Lumpy goods_ if in bags shall be sampled by cutting from top to bottom and withdrawing samples by

hand, if necessary, The sealed samples shall be a fair and true indication of the degree of damage and the sample

labels shall show the proportion of the tonnage so affected.I sample to be taken for each classification as follows:-CB - Sound Goods - For BuyersCB - Sound Goods - For SellersCB - Lumpy/Damaged Goods - For BuyersCB - Lumpy/Dsmaged Goods - For SellersMPC - Liquid and/or Chemical Danraged Goods - For BuyersMPC - Liquid andlor Chemical Damaged Goods - For Sellert

,

ALL CONTRACTS - GOODS DAMAGED OR OIJT OF CONDITION TRADED ON RYE TERMS

Goods arriving clamaged or out ofcondition, shall be sampled on board the vessel at time of discharge, but in cases

where both parties agree that it is not practicable for the classificstion and sampling to be carried out on board, then

goods damaged or out of condition shall be landed on the quay or discharged to lighter for the purpose of such

Jlassification and any sampling shall take place within the port area as soon as possible after the damaged goods

are landed or discharged into lighter, always provided that all the damaged or out of condition and sound goods be

classified. In the event of such agrecment not being reached, either party or both parties shall, after giving notice

to the other party, apply to a competent organisation at the port for the appointment of an independent

superintendent to act on behalf of the other party and samples shall be drawn jointly under all reserves.

1 sample to be taken for each classification as follows:CB - Sound Goods - For BuYersCB - Sound Goods - For SellersCB - Damaged/Out of Condition - For BuyersCB - Damaged/Out of Condition - For SellersMPC - Liquid and/or Chemical Damaged Goods - For BuyersMPC - Liquid and/or Chernical Damaged Goods - For SellersThe samplis (held by the Sellers and held by the Buyers) shall be forwarded to GAFTA within 7 cons€cutive days

of discharge from the vessel or on completion of classification and sealing, whichever happens later. The expenses

incurred in sealing and forwarding of classified samples of damaged goods shall be paid half by Buyers and half

by Sellers. Should Buyers incur additional lighterage or other expenses in the application of this Clause, Sellers shall

refund to Buyers the whole of such proportion as rnay be recovered from the ship or underwriters. In the event of

it being proved to the satisfaction of the arbitrators that one set of sealed samples, ia part or whole, has been lost,

damaged- or destroyed prior to the expiration of tbe period.for forwarding permitted underJhis clause' -or

that the

said set having been forwarded in accordance with this claise has been lost, damaged or destroy€d during transit'

then eilher party shall be entitled to proceed to arbitration on the other complete set of sealed samples-

IEEDINGSTUIT'S SOLD ON GAFTA CONTRACTS NOS: 6, 8, 15, 22, 95, 96, 97,

98,99, 100, 100A, l0l, 102, 103.Unless the contract stipulates otherwise, samples of each parcel shall be drawn in accotdanc-e witb these Rules'

sealed in not less than a set of 6 samples as follows:-A set consists of the following:-MPC - lst analysis and where moisture is guaranteedCB - For castorseed and/or castorseed husk, sand and/or silica analysis*CB - 2nd analysisCB - 3rd analysisCB - 2nd castorseed and/or castorseed husk, sand and/or silica analysisCB - Arbitration purposes

4:4

4:5

4:6

124t6

Page 7: Grain and Feed Trade Association 124 Sampling Rules

4i6tl

4:6:2

4:6:3

For marine and animal pmducts, all the above samples shall be contained in Moisture Proof Containers.*In the event the General, Belgian or French Standing-in-Clause applies, the 2nd analysis sample shall be in a MPC.

First Analysis TestThe sample(s) for the first analysis shall be drawn in moisture proof containers and the analysis result formoisture from this sample will be reported on the certificate of analysis and used as the calculating factorfor a second and third analysis test.If required by Buyers, the sealed samples in a MPC shall, within 14 consecutive days of sealing bedespatched to:AGER, Bologna,or to Arbitrage-en Verzoeningskamer voor Granen en Zaden van Antwerpeny'Chambre Arbitrale et deConciliation de Grains et Graines d'Anvers,or to Institut Europeen de I'Environnement de Bordeaux, (I.E.E. Bordeaux),or to LabCo, Rotterdam,or to Salamon & Seaber, [.ondon,or to Jordi Vidal, Tarragona,for analysis.

In the event that this option is not decided at the time of the contract, the choice of analyst shall be tbatof the instructing party. Within 14 consecutive days of receipt of the certificate of analysis of this sampleBuyers shall send a true copy thereof to Sellers stating whether they accept this analysis or whether theyrequire a se.cond analysis.

Second Analysis Test I

Sellers have the right, within 14 consecutive days of receipt by them of the true copy of the certificate of

. analysis, to give notice to Buyers that they require a second analysis, If a second anatysis is required- another of the sealed samples shall be despatched without delay to Dr. Bemard Dyer for analysis. Themean of the two analyses shall be accepted as final if the variation does not exceed 0. 5 % .

Third Analysis TestIf the variation stated in Rule 4:.6:,2 above does exceed 0.5% ther. at the request of either party, madewithin 14 cousecutive days of receipt (by them) of the true copy of the certificate of the second analysis,and on notice being given to the other party a third sealed sample shall be despatched without delay to Dr.Aug' Voelcker for analysis, and the mean of the two analyses nearest to each other shall be accepted asfinal and binding on both parties.

Arbitration SampleAny one of the sealed samples shall be retained for arbitration purposes if required.

Despatch of Sampl€s and InstructionsThe party requiring any of the respective analyses shall be responsible for the despatch of the relativesample(s) and shall give directly, or through an agent or representative acting on their behalf, to the analystconcerned, instructions specifying what analyses are to be caried out, both to be done within the time limitstated hereinbefore, and shall send to the other party a true copy ofthe relative certificate ofanalysis within14 consecutive days of receiving it from the analyst.Should the Buyers or any representatives acting on their behalf fail to both despacch samples and to instructthe analyst within 14 consecutive days of their sealing as above provided, or fail to forward the certificateiu the said 14 days, then any claim for rejection or for an allowance in respect of any matters dealt withunder the contract shall be deemed to be waived and absolutely barred.Should either party require further analysis but fail to make application therefor 8nd to send samples withinthe time limit as above, then the analysis or the mean of tbe two analyses then existing shall L deemedto be frnal.

FOR FIEEDINGSTUFFS SOLD ON GAFTA CONTRACT NOS: 1. 9 AIrtD 43Unless the contract stipulates otherwise, samples of each parcel shall be drawn in accordance with these rules inmoisture proof containers MPC.Buyers may accept Sellers' analysis but if required by Buyers, any one of the sealed samples shall within 14consecutive days of sealing, be despatched to Salamon & Seaber, (or to analysts to be agreed by the parties), towhom samples and instructions should be sent. In the event that this option is not decided at the time ofarrival, thechoice of analyst shall be that of the instructing party.

4:614

4:6:5

t24t7

4t7

Page 8: Grain and Feed Trade Association 124 Sampling Rules

This analysis shall be final and any claim arising from it shall be made within 24 consecutive days of the date

thereof, accompanied by the certificate of analysis or e true copy'

4:8 FOR FEEDINGSTIIIT'S SOLD ON GAFTA CONTRACTS NOS: 109' 113 AND 119One set of samples in containing bags (CB), shall be drawn, for analysis by Salamon & Seaber.For marine and animal products or where moisture is guaranteed, the samples shall be in moisture proof containers(MPC).

4:9 FOR EX-STORE CONTRACTS NO: 109 AND NO: 110, THE FOLLOWING SHALL APPLY-The party landing the goods shall appoint and instruct atr independent superintendent to draw and seal fullyrepresentative samples.Such samples will be drawn during the discharge of the importing vessel at the port in the country of the deliveryplace named in the contract. Every sample shall be sealed and shall bear the name of the ship, quantity represented

by the sample, together with the total quantity of which each sample forms part, the date the sample was sealed,

a statement that the samples were sealed and taken in accordance with these Rules for analysis under contract No'109 or No, 110 and any other pertinent information which may be required, in accordance with Rule 1:3' Thelaboratory shall record this information on the analysis certificate.

4:10 FOR TEEDINGSTIIFT'S SOLD ON GAFTA CONTRACTS NOS: 10' 104' 112 AND 118The provisions of Rule No. 4:6 applies, except that samples shall be sealed in a set of 5 samples, and the firstanalysis test shall be caried out by Salamon & Seaber, the serond analysis test by Dr. Bemard Dyer and the thirdanalysis test by Dr. Aug. Voelcker.In addition, Buyels have the option of requiring all 3 tests (2 tesls for castor seed apd/or castor seed husk) for all

or any of the contractual waranties at the same time. In which case they shall be responsible for forwardingsamples and giving the instructions to the analysts within 14 consecutive days ofsealing of samples), in which event

. costs ilcluding analyses costs shall be for the account of the Buyers.Buyers shall send a notice to Sellers, at the same time as sending instructions to the analysts, that they bave called

on the analysts for all three tests at the outset.

4..\I ANALYSIS FOR CASTOR SEED AN'D/OR CASTOR SEED HUSKFor goods sold to/discharged at ports in Belgium, France, Germany, Italy, Netherlands, Norway, Spain, Sweden

and Denmark, the first analysis for Castor seed and/or Castor seed husk shall be made by:For goods discharged at Belgian Ports - Arbitrage-en Verzoeningskamer Voor Granen en 7,ade\at Dutch Ports - Iabco,at French Ports - Institut Europeen de L'Environnement de Bordeaux,at German Ports - Institut fur Angewandte Botanik,at Italian Ports - AGER,at Norwegian, Swedish or Danish Ports - Steins Isboratorium As, Agro Division,at Spanish Ports - Jordi Vidal, Tarragona.Within l0 consecutive days of sealing, one of the sealed samples shall be despatched to the appropriate analyst' If

a second analysis for castor seed and/or castor s€€d husk is required such analysis shall be made by Salamon &

Seaber on the sample already in their possession for test ofoil and protein, but ifa sample is not in their poss€ssion,

on a sample sent to them without delay after recaipt of the analysis certificate in resPect of the first analysis for

castor seed and/or castor seed husk.For goods discharged at other ports the first analysis fol castor seed and/or castor seed husk shall be made by

Salamon & Seaber on one of the above samples, which shall, within 10 consecutive days of sealing, be despatched

to the analyst and which shall also be used for other analyses if required'

Ifa second analysis for castor seed and/or castor seed husk is required, such analysis shall be made by Dr. Bemard

Dyer. If a sealed sample is not in the possession of Dr. Bemard Dyer's laboratory when a second analysis is

required one of the other sealed samples, which shall also be used for other analyses if required, shall be sent to

Dr. Bernard Dyer's laboratory within 3 business days, after receipt of the analysis certificate in respect of the first

analysis for castor seed and/or casior seed husk.

4':12 ANALYSN FOR SAND AND/OR SILICAFor goods discharged at ports in Belgium, France, Geffrany, Italy, Nethedands, Norway, Spain, Sweden, Denmark,

the first analysis for sand and/or silica shall be made by the same laboratories as provided for the determination of

castor se€d and/or castor seed husk.One of the sealed samples shall, within 10 consecutive days of sealing, be despatched to the approPriate analyst.

If a second analysis for sand and/or silica is required such analysis shall be made by Salamon & Segber on the

sample in their possession for the test for oil and protein but, if a sample is not already in their possession, on a

124t8

Page 9: Grain and Feed Trade Association 124 Sampling Rules

sarple sent to them without delay after receipt of the analysis certificate in respect of the first analysis for sandand/or silica.

If a third analysis for sand and/or silica is required, such analysis shall be rnade by Dr. Bemard Dyer. If a ssledsample is not in the possession ofDr. Bemard Dyer's laboratory when a third analysis is required one of the othersealed samples, which shall also be used for other analyses if required, shall be sent to Dr. Bemard Dyer'slaboratory within 3 business days, after receipt ofthe analysis certificate in respect ofthe second analysis for sandand/or silica.For goods discharged at other ports the first analysis for sand and/or silica shall be made by Salamon & Seaber onone of the above samples, which shall, within 10 consecutive days of sealing, be despatched io the analyst atrdwhich shall also be used for other analyses if required.

If a second analysis for sand and/or silica is required one of the other sealed samples, wi.ich shall also be used forother analyses if required, shall be sent to Dr. Bemard Dyer's laboratory without delay after receipt of the analysiscertifrcate in respect of the first analysis for sand and/or silica.

If a third analysis for sand and/or silica is required zuch analysis shall be made by Dr. Aug. Voelcker. If a sesledsample is uot in the possession ofDr. Aug. Voelcker's laboratory when a third analysis is required one ofthe othersealed samples, which shall also be used for other aralys€s if required, shall be sent to Dr. Aug. Voelcker within3 business days, after receipt of the analysis certificate in respect of the second analysis for sand and/or silica.

4:I3 SAMPLING AND ANALYSIS OF FEEDINGSTTJIFS AND CEREAL BY PRODUCTS IN BI]LKDISCIIARGED AT ROTTERDAM AND AMSTERDAMFor analysis of feediigstuffs and cereal by-products, in bulk, clischarged at Rotterdam td Amsterdam, samples forstanding-in purposes shall be forwarded to I-abco, who will divide, quarter and reduce them.Samples for other purposes may also be submitted to t:bCo to be divided, quartered and rcduced.

'The resulting sample(s) will be forwarded to the analyst in accordance with the provisions in these Rules.

4:14 BAGS/SACKSIfBuyers so request, Sellers' superintendent shall seal sample(s) ofbags/sacks considered by Buyers, superintendentto be unsuitable and/or tom, but without prejudice to Sellers' rights and responsibilities under the contract. Samplesof empty bags/sacks shall be sealed in 4 categories:- sound, lightly damaged, medium damaged, and heavilydamaged. One sample bag to be selected to represent each category and the percentage ofeach category to be agreedby the superintendents and stated on the label(s).

14:15 GENERAL

4:15:1 Methods of Analysis; to be as prescribed by the Grain and Feed Trade Association, being the GAFTA Regulations,Form No: 130, for the time being in force. Analysts shall state on the certificate ofanalysis what methods they haveused,

4:15:2 Certifrcates; irespective of which party to the contract submits samples and gives instructions to the analysts, theanalysts are entitled to supply to the other party a copy ofthe certificate upon application. Each analysis certificateshall state on it the relevant information from the sample label.

4:15:3 Mixing; when the contractual quantity is represented by more than one sample, the analyst shall mix the samplestogether in proportion to the weight represented by each sdmple.

4:15:4 Cosh; the cost(s) of the analysis(es) for each separate warranty shall be bome by Buyers in cases where noallowance is payable, but by Sellers if Buyers are entitled to an allowance.

4:15:5 Notices; in case ofresales the notices clause in the contract shall apply, except that the certificates ofanalysis shallbe passed by mail by the next business day following receipt.

4:15:6 Analysts AddresseASSOCIAZIONE GRANARIA EMILIANA ROMAGNOLA, AGER.Piazzr Costituzione 8,40128 Bologna, ItalyTel: (51 ) 519051 - Fax: (51 ) 501043 - Telex: 521568

t24t9

Page 10: Grain and Feed Trade Association 124 Sampling Rules

ARBITRAGE-EN VERZOENINGSKAMER VOOR GRANEN & ZADEN VAN ANTWBRPEN,Borzestraat 29,2000 Antwerpen, BelgiumTel: (3) 233.43.93 Fax: (3) 233.34.60 - Telex: 31454

DR. BERNARD DYER & PARTNERS (1948) LTD., (Dr. Bernard Dyer)'73-77 Bermondsey Street,London SE I 3XF, UKTel: 071-378 1414 - Fax: O7l-403 8208 - Telex: 29604

INSTITUT FUR ANGEWANDTE BOTANIK,Marseiller Strasse 7,20355 Hamburg, GeroanyTel: (40) 41232362 - Fax: (40) 41236593

INSTITUT EUROPEEN DE I'ENVIRONNEMENTDE BORDEAUX, (I.E,E. Bordeau),Rue du Professeur Vezes,33300 Bordeaux. FranceTel: 56 81 17 71 - Fax: 56 81 4173 - Telex:. 572276

LabCo B.V., (LabCo),Elbeweg 141,3198 LC Europort,Rotterdam, NetherlandsTel: 181962355 - Fax: 1819-63424 - Telex. ?9626

I-aboratorio Andlisis Jordi Vidal,Crta. de Valencia.No: 223 Edif Salduba.I l rh Vi"-- . lJ D: l^_

ch.neo ol 'ddf"t:

6A|AMO & SEABER LTD..B.lt nnl. Ho['.68 H.nbuiY Slt"i'London, El 5JL UKiiit oiii-zlz 6312 - F r: ol71'26r oola ' T't'r: 295179

DR. AUGUSTUS VOELCKER & soNS LTD., (Dr. AW. Voelcker),380 Bollo hne.I-ondon, UK. W3 8QU, UKTel: 081-993 2421 - F^x: 081-993 8685

5. CERTINCATES PRO\TDED AT LOADINGWhere the contract requires a superintendent to certifu and report their findings, they shall draw sample incremenlsin accordance with the provisions for drawing samples laid down in these Rules.Samples may be submitted where appropriate to an analyst, laboratory or authority for tests.

6. STANDING.IN PROYISIONS FOR SAMPLING FEEDINGSTUT'I'S AND CEREAL BY-PRODUCTS

6:1 GENERAL - FOR ALL PORTS EXCLIJDING TTENCH AND BELGIAN PORTS

6 : I : 1 If the goods concemed in the contract are sold under a staniing-in clause and form part of a larger quantityin a hold, Buyers are deemed to have agreed, for their proportion, io abide by the samples drawn andsealed from that hold, for the purposes of analysis and/or arbitration.

t24t10

Page 11: Grain and Feed Trade Association 124 Sampling Rules

6: l :2

6: 1:3

Goods from each hold shall be sampled and samples analysed separately in accordance with these Rule,s.Ifthe goods are discharged simultaneously from more than one hold, but not mofe than two holds, throughone discharging unit only, the standing-in quantity shall be the total tonnage of thos€ two bolds for anyreceiver taking delivery from them.

Samples shall be drawn and sealed conjointly by the first CIF seller(s) and the CIF receiver(s) or theirrespective agents.

The CIF receiver(s) or their agents shall be responsible for forwarding mmples and analytical instructionsto both Salamon & Seaber and l-abCo and obtaining from each of these analysts a certificate ofanalysis.When sendiug instructions to the analysts the instructing perty shall advise the,analysts of the following:-the hold number, the bill oflading number, the delivery order number, the name of the vessel and the dateof sealing, as well as the names ofall receivers who have agreed to stand-in, together with their individualtonnages.Copies of the certificates of analysis showing the relevant details ofhis proportion shall be sent to any CIFreceiver who has contractually requested an analysis. The mean of the two tests shall apply for the purposeof allowances or arbitration and shall be accepted as filal if the variation does not exceed 0.5%. Copiesof the certificato of analyses shall be sent no later than 14 consecutive days from receipt of the lastcertificate by the Buyers to the Sellers. In case of resales the notices clause shall apply, except that thecertificates of analysis shall be passed by mail by the next business day following receipt.

If the variation stated, exceeds O.5% then at the request of either party within 14 consecutive days ofreceipt by them of the last certificate of analysis the third test shall be carried out by Dr. Bemard Dyerand the m;an of the two analysis tests nearest to each other shall be accep/ed as final.

The average of the 1st and 2nd moisture test results shall be used as the calculating factor for the 3rd test.

622 FOR TRENCH PORTS

6:2:l If the goods concerned in this contract are sold under a standing-in clause, and form part of a larger parcel, Buyersare de€med to have agre€d to abide by the samples drawn and sealed from the whole original parcel covered by thesame bill of lading for the purposes of analysis and/or arbitration,

6:2:2 The last CIF receiver(s) or their agents shall be responsible for forwarding samples and analytical instructions toboth Salamon & Seaber and I.E.E. Bordeaux, and obtaining from each of these analysts a certificate of analysis.When sending instructions to the analysts the instructing party shall advise the analysts of the following:- the billof lading number, the delivery order number, the name of the vessel and the date of sealing, as well as the namesof all receivers who have agreed to stand-in, together with their individual tonnages. Copies of the certificate ofanalysis showing the relevant details of his proportion shall be sent to any CIF receiver who has contractuallyrequested an analysis. The mean of the two tests shall apply for the purpose of allowances or arbitration and shallbe accepted as firnal if the variation does not exceed 0.5 %. Copies ofthe certificate ofanalyses shall be sent no laterthan 14 consecutive days from receipt of the last certificate by the Buyers to the Sellers. In case of resales thenotices clause shall apply, except that the certificate of analysis shall be passed by mail by the next business dayfollowing receipt.

If the variation exceeds 0.5 % then at the request of either party within 14 consecutive days of receipt by them ofthe last certificate of analysis, the third test shall be carried out by Dr. Bemard Dyer and the mean of the twoanalysis tests nearest to each other shall be accepted as final.

The average of the lst and 2nd moisture test results shall be used as the calculating factor for tbe 3rd test.

6.3 FOR BELGIAN PORTS

6:3:1 If the goods concemed in the contract are sold under a standing-in clause and form part of a larger quantity in ahold, Buyers are deemed to have agreed, for their proportion, to abide by the samples drawn and sealed from thathold, for the purposes of analysis and/or arbitration.Goods from each hold shall be sampled and samples analysed separately in accordance with these Rules.If the goods are discharged simultaneously from more than one hold, but not more that two holds, through onedischarging unit only, the standing-in quantity shall be the total tonnage of those two holds for any receiver takingdelivery from them.

t24t1l

Page 12: Grain and Feed Trade Association 124 Sampling Rules

6:3:2 Samples shall be drawn and sealed conjointly by the first CIF seller(s) and the CIF receiver(s) or their respectiveagetrts.

6:3:3 The CIF Rec€iver(s) or their Agents shau be responsible tbr fbrwarding samples and analytical instructions to bothSalamon & Seaber and Arbitrage-en Verzoeningskamer Voor Granen en Zaden van Antwerpen, and obtaining frorneach of these analysts a certificate ofanalysis. When sending instructions to the analysts the instructing party sballadvise the analysts of the following:- the hold number, the bill of lading number, the delivery order number, thename of the vessel and the date of sealing, as well as the names of all receivers who have agreed to strnd-in,together with their individual tonnages.

Copies of the certificate of analysis showing the relevant details ofhis proportion shall $e sent to any CIF receiverwho has contractually requested an analysis. The mean of the two tests shall apply for the purpose of allowancesor arbitration and shall be accepted as final if the variation does not exce€d 0.5%. Copies of the certificate ofanalyses shall be sent no later than 14 consecutive days from receipt of the last certificate by the Buyers to theSellers. In case of resales the notices clause shall apply, except that the certificate of analysis shall be passed bymail by the next business day following receipt. If the variation exceeds 0.5 % then at the request of either partywithin 14 cousocutive days of receipt by them of the last certificate of analysis, the third test shall be carried outby Dr. Bernard Dyer and the mean of the two analysis tests nearest to each other shall be accepted as firal.

The average of the lst and 2nd moisture test results shall be used as the calculating factor for the 3rd test.

7. RDTENTION OF SAMPLES

7: l Whilst GAFTA wiil . k" "rr"ry

effort to protect all samples entrusted to its care, nJith"r the Association nor anyof ik servants or agents shall be under any liability whatsoever to any party having any interest in any samplesreceived by it in pursuance ofthese Rules for any loss or damage to any such sample. The samples when delivered' to GAFTA shall become its absolute property.

7:l:l All samples sent to the Association for arbitration, analysis, tratural weight and/or other purposes shallbecome and be the absolute property of the Association.

7: l :2 The Association shall not be responsible for the safe custody ofany samples lodged. The Association shallb€ at liberty to dispose of samples at the expiry of 6 months from the date of receipt. The Association,however, may retain samples for a longer period upon written request.

All standard samples made up by and in the possession of the Association shall be the property of theAssociation, and may from time to time be inspected by Members at the premises of the Association onpayment of the prescribed fee.

7: .1:3

722 The parties' superintendents shall dispose of samples drawn by them at the expiry of 3 months from the date ofsealing. They may however retain samples for a longer period upon written request by either party to the contract.

t24n2