Title 75, Regulation of Trade, Commerce and Investments

Before a license to conduct a grain warehouse is granted under Section 75-44-23, the grain warehouseman shall file with the commissioner a copy of his schedule of charges for storage and other services. If the grain warehouseman desires to make any change in the schedule of charg…

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

(1) Each grain warehouseman shall have and maintain above all exemptions and liabilities, total net assets available for the payment of any indebtedness arising from the conduct of the grain warehouse in an amount equal to at least twenty cents (20¢) multiplied by the maximum num…

(1) Upon satisfaction of Sections 75-44-9 through 75-44-21, and 75-44-29 through 75-44-33, and any applicable regulations by an applicant, the commissioner shall issue a license to operate a grain warehouse. (2) If after proper application, the commissioner denies any person, par…

(1) If a grain warehouseman is convicted of any crime involving fraud or deceit or if the commissioner determines that any grain warehouseman has violated any of the provisions of this chapter, or any of the rules and regulations adopted by the commissioner pursuant to this chapt…

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

(1) Before any person is granted a license, pursuant to Section 75-44-23, such person shall give a bond to the commissioner executed by the grain warehouseman as principal and by a corporate surety licensed to do business in this state as a surety. The bond shall be in favor of t…

(1) The provisions of this chapter shall apply to all grain warehouses and to the operations of such grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless such grain warehouse is licensed under the provisions of the United States Warehouse …

(1) The amount of bond to be furnished for each grain warehouse shall be fixed at a rate of Twenty-five Cents (25¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; Twenty Cents (20¢) per bushel for the next one million (1,000,000) bushels of license…

If an application is made for an amendment to a license and no bond previously filed by the grain warehouseman under Sections 75-44-29 and 75-44-31 covers obligations arising during the period covered by such amendment, the grain warehouseman shall file with the commissioner an a…

(1) It shall be the duty of the grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of such receipt. In the event the grain warehouseman fails to deliver grain to the holder of a warehouse receipt within t…

(1) Every grain warehouseman shall at all times keep the grain stored in the grain warehouse insured by an insurance company authorized to do business in this state. The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning and winds…

(a) Every grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the grain warehouse shall permit, all grain tendered to him in the usual course of business; provided, however, a grain warehouse owned and operated as a cooperativ…

Every grain warehouseman shall keep in a place of safety complete, separate and correct records and accounts pertaining to the grain warehouse including, but not limited to, records and accounts of all grain received therein and withdrawn therefrom, all unissued receipts and tick…

(1) Every grain warehouse shall be examined by the commissioner each year. The cost of such examination shall be included in the annual license fee. The commissioner, at his discretion, may make additional examinations of any grain warehouse at any time. If any discrepancy is fou…

Each grain warehouse shall employ, during all regular business hours, a grain inspector (who may be the grain warehouseman himself if such grain warehouseman is a natural person) who shall be responsible for the accuracy of weights and grades noted on all warehouse receipts.

(1) If the condition of any grain offered for storage is such that it probably will affect the condition of grain in the grain warehouse, the grain warehouseman shall not receive such grain for storage or store such grain, provided, however, that if the grain warehouse has separa…

(1) Every receipt issued for grain stored in a grain warehouse shall conform to the requirements of Section 75-7-202 and in addition shall embody within its written or printed terms:(a) A statement that the holder of the receipt or the depositor of the grain shall demand the deli…

(a) When used in this chapter:(a) “Person” includes individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest.(b) The term “commissioner” shall mean the Commissioner of the Mississippi Department of Agriculture and C…

At least one (1) actual or skeleton copy of all receipts shall be made and all copies shall have clearly and conspicuously printed or stamped thereon the words “Copy-Not Negotiable.”

The form of all receipts shall be approved by the commissioner. The commissioner shall be authorized to have printed by the state printer all warehouse receipts issued by grain warehousemen.

If a grain warehouseman delivers only a part of a lot of grain for which he has issued a negotiable receipt under this chapter, he shall take up and cancel such receipt and issue a new receipt in accordance with the provisions of Sections 75-44-49 through 75-44-65 for the undeliv…

A grain warehouseman shall not deliver grain for which he has issued a negotiable receipt until the receipt has been returned to him and cancelled, and shall not deliver grain for which he has issued a nonnegotiable receipt until he has received authority from the person lawfully…

All warehouse receipts issued by a grain warehouse shall be numbered consecutively, and 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.

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 o received for storage, nor shall m…

A 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 or in common with others, and the recital of ownership in the receipt shall constitute notice of the right to sell or p…

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

Any person operating a grain warehouse who desires to discontinue such operation at the expiration of his license or whose license is suspended, revoked or cancelled by the commissioner or his designated representative shall notify the commissioner and all holders of warehouse re…

No inspector or employee of the commissioner’s office shall disclose any information obtained by him in the course of his employment related to the affairs or transactions of any grain warehouse without first having obtained the express permission in writing of such grain warehou…

The commissioner shall carry out and enforce the provisions of this chapter and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist h…

(1) Any person who issues a warehouse receipt for grain without holding a valid grain warehouse license or who commits any willful violation of any provision of this chapter, shall be guilty of a felony, and upon conviction thereof, punishable by a fine of not more than twenty th…

No person shall operate a grain warehouse or issue a warehouse receipt without first having obtained a license pursuant to this chapter unless such grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.