Title 69 — WAREHOUSES

69-201. Short title of act. This act shall be known by the short title of bonded warehouse law.

69-202. Definitions. As used in this chapter: (1) "Agricultural commodity" or "commodity" means any grain, wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and feeds (not including minerals or seed crops) or any other commodity …

69-203. License necessary to operate public warehouse. Before a person can lawfully operate a public warehouse in this state, he must procure a license under this chapter; provided however, that the foregoing requirement as to licenses is not applicable to any warehouse or wareho…

69-204. Penalty for operating without a license — Misrepresentation. (1) Any person operating a public warehouse without a license or in any way representing, by actions or words, that the warehouse is so licensed when such warehouse is not so licensed or any person who shall mis…

69-205. Inspection and classification of warehouses, storage, warehousing, weighing and certification of commodities — Duties of warehousemen. Upon application by any person for license to conduct a warehouse under this chapter, the department is authorized to investigate and det…

69-206. Licenses to warehousemen — Issue — Renewal — Conditions precedent. The department is authorized, upon application to it, to issue or renew to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this chapter and such rules as may be m…

69-207. Term of license — Renewal. Each license issued under sections 69-206 and 69-215, Idaho Code, shall be issued for a period to be prescribed by rule by the department.

69-208. Bond of applicant for license — Additional bond — Additional obligations — Certificate of deposit or irrevocable letter of credit in lieu of bond — Single bond. Each warehouseman applying for a license to conduct a warehouse in accordance with this chapter shall, as a con…

69-208A. Amount of bond — Cancellation. The amount of bond to be furnished for each warehouse shall be fixed at whichever of the following amounts is greater: (1) The combined total indebtedness paid and owed to producers for agricultural commodity and seed crop stored for withdr…

69-209. Action on bond, certificate of deposit or irrevocable letter of credit by producers injured. Any producer injured by the breach of any obligation for which a bond, certificate of deposit or irrevocable letter of credit is written, under the provisions of section 69-208, I…

69-210. Designation of warehouse as bonded warehouse. Upon the filing with and approval by the department of a bond, in compliance with this chapter, for the conduct of a warehouse, such warehouse shall be designated as bonded hereunder; but no warehouse shall be designated as bo…

69-211. Fees of department. (1) The department shall charge, assess, and cause to be collected an annual fee for each warehouse license or renewal thereof, according to the following schedule: For each original application — Capacity in Hundredweight Rate 0 to 50,000 $ 180.00 50,…

69-212. Schedule of charges — Posting. Every licensed warehouseman shall annually, during the first week of July, publish by posting in a conspicuous place in his warehouse, a schedule of storage, handling, conditioning or any other charges or discounts for the ensuing year, whic…

69-213. Privilege of examining commodities stored. Every depositor having an interest in any agricultural commodity stored in any such warehouse, and every state inspector authorized by the director, shall have the right to examine at any reasonable time during ordinary business …

69-213A. Annual notification. Beginning in the year 2005, on or before December 1 of each year, every licensed warehouseman shall send written notification to each individual having an interest in any agricultural commodity stored in their warehouse for a period of thirty-six (36…

69-214. Employment of personnel. The department may employ such inspectors, investigators, samplers and weighers as it may deem necessary.

69-215. Licenses to weigh commodities for storage. Every warehouse licensed under this chapter shall have a weighmaster licensed pursuant to the provisions of the Weighmaster’s Licensing Act; provided, however, that if agricultural commodities are not received or delivered by a w…

69-217. Right to assess and collect fees. The department shall have the right to assess and collect such fees as may be necessary to carry out the provisions of this chapter.

69-218. Warehousemen to receive commodities according to capacity. Every warehouseman conducting a warehouse licensed under this chapter shall receive for storage therein, so far as its capacity permits, any agricultural commodity of the kind customarily stored therein by him whi…

69-219. Commodities deemed delivered subject to law. Any person who delivers agricultural commodities to a warehouse licensed under this chapter, for storage or under terms of a contract, shall be deemed to have delivered the same subject to the terms of this chapter and the rule…

69-220. Inspection and grading of diseased or insect infested commodities. Any diseased or insect infested agricultural commodity complained of by the department or any person having interest in the warehouse or agricultural commodities stored in a warehouse licensed under this c…

69-222. Receipts — Scale weight tickets. For all agricultural commodities delivered to a warehouse licensed under this chapter original negotiable or nonnegotiable warehouse receipts, or scale weight tickets, shall be issued by the warehouseman conducting the same, but no receipt…

69-223. Negotiable warehouse receipts for commodities stored — Contents — Conditions — Penalties. Every negotiable warehouse receipt issued for agricultural commodities stored in a warehouse licensed under the provisions of this chapter shall be issued in accordance with, but not…

69-224. Standards for agricultural commodities. The department is authorized, from time to time, to establish and promulgate standards for agricultural commodities by which their quality or value may be judged or determined. So far as practicable such standards shall conform to t…

69-225. Loss of receipts — Conditions of reissue. While an original receipt issued under this chapter is outstanding and uncanceled by the warehouseman issuing the same no other or further receipt shall be issued for the agricultural commodity covered thereby or for any part ther…

69-226. Records of warehouses — Conduct of warehouses. Every warehouseman conducting a warehouse licensed under the provisions of this chapter shall keep in a place of safety complete and correct records and shall conduct said warehouse in all other respects in compliance with th…

69-227. Examination of commodities or seed crops — Records — Publication of findings. The department is authorized to cause examination to be made of any agricultural commodity or seed crop deposited, or any record pertaining to commodities or seed crops deposited therein, in any…

69-228. Suspension or revocation of license. The department may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license issued to any person under the provisions of this chapter, for any violation of or failure to comply with any …

69-229. Publication of reports. The department from time to time may publish the results of any investigations made under the provisions of this chapter; and it may publish the names and addresses of persons licensed under this chapter and a list of all licenses terminated under …

69-230. Examination of books — Authorization to copy. The department is authorized through officials, employees, or agents of the department designated by it, to examine and make copies of all books, records, papers, and accounts of warehouses relating thereto, including those de…

69-231. Rules. The department shall from time to time promulgate such rules as it may deem necessary for the efficient execution of the provisions of this chapter.

69-232. Cooperation with governmental agencies and private associations. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpos…

69-233. Violation of law — Penalty. Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his duly authorized representative in the performance of …

69-234. Rent of quarters — Employment of assistants. The department is authorized to rent quarters and to employ persons as it may deem necessary, and it is authorized, in its discretion, to employ qualified persons not regularly in the service of the state for temporary assistan…

69-235. Effect of partial invalidity of law. If any clause, sentence, paragraph, or part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall…

69-236. Noncompliance — Failure — Remedies of department. (1) Whenever it appears, after any investigation, that a warehouseman does not have in his possession sufficient agricultural commodities to cover the outstanding warehouse receipts, scale weight tickets, or other evidence…

69-237. Partial withdrawal of commodities — Adjustment or substitution of receipt — Duties of warehouseman. When partial withdrawal of an agricultural commodity is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable recei…

69-238. Warehouseman’s obligations — Duty to deliver deposited commodities — Damages. (1) The duty of the warehouseman to deliver agricultural commodities deposited shall be governed by the provisions of this chapter and the requirements of the uniform commercial code. Upon the r…

69-239. Duties of warehouseman — Contents of records. (1) The warehouseman shall maintain current and complete records at all times with respect to all agricultural commodities handled, deposited, shipped or merchandised by him, including agricultural commodities owned by him. Su…

69-240. Director’s discretionary action. Nothing in this chapter shall be construed to require the director or his authorized representative to report for prosecution or for the institution of civil action a violation of the provisions of this chapter when he believes that public…

69-241. Insurance — Cancellation procedure — Suspension of license. With the existence of an effective policy of insurance as required by section 69-206(1), Idaho Code, the insurance company involved shall be required to give ninety (90) days’ advance notice to the department by …

69-242. Injunction. Any violation of the provisions of this chapter or the rules promulgated hereunder may be enjoined upon complaint by the director.

69-243. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom any violation is reported by the department to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

69-244. License reissuance following revocation. A warehouse license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon proper application for a license following three (3) years from the date…

69-245. Director’s authority. The director may, upon his own motion, whenever he has reason to believe the provisions of this chapter have been violated, or upon verified complaint of any person in writing, investigate the actions of any warehouseman licensed under the provisions…

69-246. Appeals from decision of director. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The applicant, warehouseman or any complainant formally appearing in a hearing before the director for a license, or the h…

69-247. License denial. (1) Any person against whose warehouse bond or the commodity indemnity fund a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection.…

69-248. Drawing checks insufficiently covered a violation. Any person engaged in business as a warehouseman, as defined in this chapter, who shall make, draw, utter or deliver any check, draft or order for the payment of money upon any bank or other depository, in payment to the …

69-249. Credit-sale contracts. (1) A warehouseman who purchases agricultural commodities by credit-sale contracts shall maintain books, records and other documents as required by the department to establish compliance with the provisions of this section. (2) In addition to other …

69-250. Confidential and protected records. Records required by the department including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of agricultural commodities, commodity indemnity fund and seed indemnity fu…