Title 2 — Agriculture

This subchapter shall be known as the “Arkansas Public Grain Warehouse Law”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commissioner” means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative;(2) “Grain” means all grains for which standards have…

(a) The provisions of this subchapter shall apply to all public grain warehouses and to the operations of public grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless the public grain warehouse is licensed under the provisions of the United…

(a) Any person who issues a warehouse receipt for grain without holding a valid public grain warehouse license or who commits any willful violation of any provision of this subchapter shall be guilty of a Class D felony. (b) Any unintentional or negligent violation of this subcha…

(1) The State Plant Board shall carry out and enforce the provisions of this subchapter and is empowered to:(1) Promulgate rules;(2) Carry out necessary inspections;(3) Appoint and fix the duties of personnel; and(4) Provide such equipment as may be necessary to enforce the provi…

(a) No person shall operate a public grain warehouse or issue a warehouse receipt without first having obtained a license under this subchapter, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended. (b) All public grain…

(a) (1) Applications for licenses under this subchapter are to be made on forms prescribed by the Public Grain Warehouse Commissioner for each warehouse.(2) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150) and a certified financial …

(a) (1) Before the issuance of a license under this subchapter, the public grain warehouseman shall file a copy of his or her schedule of charges for storage and other services with the Public Grain Warehouse Commissioner.(2) If the public grain warehouseman desires to make any c…

(a) (1) (A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as suret…

(a) (1) The amount of bond to be furnished for each public grain warehouse shall be fixed at a rate of:(A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity;(B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bush…

(a) Upon satisfaction of the requirements of this subchapter and any applicable rules by an applicant, the Public Grain Warehouse Commissioner shall issue a license to operate a public grain warehouse. (b) (1) If after proper application the commissioner denies any person a licen…

Immediately upon receipt of his or her license or of any modification or extension thereof, the public grain warehouseman shall post it and thereafter keep it posted, until suspended or terminated, in a conspicuous place in the office of the public grain warehouse to which the li…

Subsequent to the issuance of an initial license under this subchapter, every applicant shall pay an annual license fee based upon the capacity of the warehouse. The fee shall be determined by the Public Grain Warehouse Commissioner but shall be no less than two hundred fifty dol…

(a) If a public grain warehouseman desires to renew his or her license for an additional year, application for the renewal shall be made on a form prescribed by the Public Grain Warehouse Commissioner. (b) At least sixty (60) days before the expiration of each license, the commis…

(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules adopted by the commissioner…

Upon satisfactory proof of the loss or destruction of a license issued to a public grain warehouseman, a duplicate or a new license may be issued under the same number.

(a) (1) Above all exemptions and liabilities, each public grain warehouseman shall have and maintain total net assets available for the payment of any indebtedness arising from the conduct of the public grain warehouse in an amount equal to at least ten cents (10¢) multiplied by …

(a) (1) (A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state.(B) The grain is to be insured for its full market value against loss by fire, inherent expl…

(a) (1) Every public grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the public grain warehouse shall permit, all grain tendered to him or her in the usual course of business.(2) However, a public grain warehouse owned and…

(a) (1) Receipts must be issued for all grain stored in a warehouse in accordance with rules adopted under this subchapter.(2) Receipts need not be issued against nonstorage grain, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of …

(a) Every receipt issued for grain stored in a public grain warehouse shall conform to the requirements of § 4-7-202 and in addition shall embody within its written or printed terms:(1) A statement that the holder of the receipt or the depositor of the grain shall demand the deli…

(a) The Public Grain Warehouse Commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized. (b) The commissioner shall be authorized to have printed all warehouse receipts issued b…

All warehouse receipts issued by a public grain warehouse shall be numbered consecutively. No two (2) receipts bearing the same number shall be issued from the same warehouse during any one (1) year, except in the case of a lost or destroyed receipt.

At least one (1) copy of all receipts shall be made. All copies shall have clearly and conspicuously printed or stamped on them the words “COPY — NOT NEGOTIABLE”.

No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel received for storage, nor shall mor…

(a) (1) It shall be the duty of the public grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of the receipt if no lawful excuse for not delivering the grain exists.(2) (A) In the event the public grain w…

If a warehouseman delivers only a part of a lot of grain for which he or she has issued a negotiable receipt under this subchapter, he or she shall take up and cancel the receipt and issue a new receipt in accordance with the rules in this subchapter for the undelivered portion o…

(a) Except as permitted by law or by the rules in this subchapter, a warehouseman shall not deliver grain for which he or she has issued a negotiable receipt until the receipt has been returned to him or her and cancelled. He or she shall not deliver grain for which he or she has…

(a) Each person to whom a nonnegotiable receipt is issued shall furnish the warehouseman with a statement in writing, indicating the person having power to authorize delivery of grain covered by the receipt, together with the bona fide signature of the person. (b) No licensed war…

A public grain warehouseman may make a valid sale or pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly in common with others. The recital of ownership in the receipt shall constitute notice of the right to sell or p…

(a) If grain is offered for storage in any licensed public grain warehouse and the public grain warehouseman does not have storage space to handle the grain, the public grain warehouseman, with the written consent of the owner, may accept grain for shipment to another public grai…

During all regular business hours, each public grain warehouse shall employ a grain inspector, who may be the public grain warehouseman himself or herself if the public grain warehouseman is a natural person. He or she shall inspect and weigh all grain received by the warehouse a…

(a) It shall be the public grain warehouseman's duty and obligation to condition and maintain the quantity and quality of all grain as receipted. (b) (1) If the condition of any grain offered for storage is such that it probably will adversely affect the condition of grain in the…

(a) Every public grain warehouseman shall keep, in a place of safety, complete, separate, and correct records and accounts pertaining to the public grain warehouse. These shall include, but not be limited to, records and accounts of all grain received and withdrawn, all unissued …

(a) (1) (A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year.(B) The cost of the examination shall be included in the annual license fee.(2) (A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additio…

(a) If it shall be discovered that any public grain warehouse is insolvent or that its continuance in business will seriously jeopardize the interest of its creditors or grain depositors, it shall be the duty of the Public Grain Warehouse Commissioner to close the warehouse, to t…

(a) Any person operating a public grain warehouse who desires to discontinue the operation at the expiration of his or her license or whose license is suspended, revoked, or cancelled by the Public Grain Warehouse Commissioner or his or her designated representative shall notify …

All revenues collected under the provisions of this subchapter by the State Plant Board shall be deposited into the State Plant Board Fund to be used for the maintenance, operation, support, and improvement of the board.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Grain” means rice, soybeans, wheat, corn, rye, oats, barley, flaxseed, sorghum, mixed grain, and other food grains, feed grains, and oil seeds;(2) “Owner” means the farmer who grows and produces grain and …

The provisions of this subchapter shall apply to all public grain warehousemen and to the operations of public grain warehouses, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

(a) Ownership of grain shall not change by reason of an owner's delivering grain to a public grain warehouseman. No public grain warehouseman shall sell or encumber any grain in his or her possession unless the owner of the grain has by written document transferred title of the g…

Any owner may, by written document signed by him or her or his or her agent, waive any and all rights conferred upon the owner by this subchapter.

(a) As used in this subchapter, unless the context otherwise requires:(1) “Commissioner” means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative;(2) “License” means a license issued under § 2-17-201…

(a) (1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court r…

(a) A petition filed by the Public Grain Warehouse Commissioner under § 2-17-402 shall be accompanied by the commissioner's plan for disposition of stored grain. (b) (1) The plan may provide for the pro rata delivery of part or all of the stored grain to depositors holding wareho…

(a) When a petition is filed by the Public Grain Warehouse Commissioner under § 2-17-402, the clerk of court shall set a date for hearing on the commissioner's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) days after the date the petitio…

(a) The Public Grain Warehouse Commissioner shall cause a copy of each of the documents served upon the licensee under § 2-17-404 to be mailed by ordinary mail to every person holding a warehouse receipt or unpriced scale ticket issued by the licensee, as determined by the record…

When appointed as a receiver under this subchapter, the Public Grain Warehouse Commissioner shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee…

(1) The Public Grain Warehouse Commissioner may designate an employee of the commissioner to appear on behalf of the commissioner in any proceedings before the court with respect to the receivership and to exercise the functions of the commissioner as receiver, except that the co…

The actions of the Public Grain Warehouse Commissioner in connection with petitioning for appointment as a receiver and all actions under such appointment shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.