Title XXVI — TRADE AND COMMERCE

411.010. Short title. — This chapter shall be known by the short title of "Missouri Grain Warehouse Law". ­­-------- (L. 1941 p. 373 § 1, A.L. 1965 p. 606, A.L. 1980 S.B. 601)

411.012. Purpose. — This chapter constitutes an exercise of state police and regulatory power for the purpose of protecting and enhancing grain production and marketing, and the agricultural economy of the state of Missouri. This chapter is deemed necessary to protect and to pres…

411.015. Scope of law. — The provisions of the "Missouri Grain Warehouse Law" shall apply to all warehouses located within the state of Missouri. ­­-------- (L. 1965 p. 606, A.L. 1967 p. 637, A.L. 1971 H.B. 180 § 2, A.L. 1977 S.B. 75, A.L. 1993 H.B. 822)

411.020. Application of law — construction of laws governing warehouse receipts. — 1. The provisions of this chapter shall apply to the grain stored in or handled through a warehouse, or designated part thereof, as well to the operations of such warehouse whether or not any part …

411.026. Definitions. — The following words, terms and phrases, when used in this chapter, except where the context clearly indicates a different meaning, shall mean: (1) "Authorized agent", any person who has the legal authority to act on behalf of, or for the benefit of, anothe…

411.028. Grain delivered to warehouse for cleaning, processing and returned for seed, not grain as defined for grain warehouse law. — Agricultural commodities delivered to a warehouse or seed processor for the express purpose of processing or cleaning and holding such commodity a…

411.030. Department of agriculture to grade and weigh grains — operate laboratories and stations — supervise warehouses — federally owned grain, duties. — 1. The department shall have the exclusive right to officially inspect and grade all grains for which standards have been est…

411.050. Bond of director. — The director shall also execute a bond to the people of the state of Missouri in the penal sum of twenty thousand dollars, with corporate surety to be approved in the same manner as bonds of other appointed officers, conditioned that he will pay all d…

411.061. Director not to deal in grain, exception. — The director shall not, directly or indirectly, be interested in buying or selling grain, either on his own account or for others or in handling or storing grain as a public warehouseman or on private account, during his term o…

411.070. Director — powers and duties — rules, procedure. — 1. The director shall: (1) Supervise the handling, sampling, inspection, weighing and storage of grain in warehouses as required by this chapter; (2) Supervise protein or other chemical analysis of grain where laboratori…

411.100. Inspectors — qualifications. — No person shall be eligible to hold the office of chief inspector or inspector unless he has passed the examinations of the United States Secretary of Agriculture required for the issuing of a license to inspect and grade those grains desig…

411.110. Weighmasters — powers and duties. — When requested, it shall be the duty of grain weighmasters appointed by the director, under the provisions of this chapter, to weigh or to supervise the actual weighing and certification of weights of all grain as provided for in this …

411.135. Warehouseman to act as registrar of receipts — records to be kept. — Every licensed warehouseman desiring to issue unregistered negotiable or nonnegotiable warehouse receipts shall act as registrar, or designate an employee to act as registrar, to be responsible for issu…

411.140. Personnel of branch offices — appointment — qualifications — duties. — 1. The director may appoint a suitable person to be assigned to each office where official inspection points are established. The person shall not be a member of a board of trade or grain exchange, an…

411.145. Department may conduct grain inspection business outside state, when. — The Missouri department of agriculture is hereby authorized to conduct official grain inspection business outside the boundaries of the state of Missouri; provided that, such business: (1) Is conduct…

411.150. Fees, how fixed. — The director shall have full power to fix the fees for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the provisions of this chapter, which fees sha…

411.151. Grain inspection fee fund established — deposits and disbursements — not to lapse — transfers from general revenue — investment of fund. — 1. There is hereby created in the state treasury the "Grain Inspection Fee Fund". All fees charged and collected for sampling, inspe…

411.160. Grain inspected and weighed by authorized inspectors — penalty. — 1. When official inspection, weighing, or supervising of actual weighing of grain is requested in this state whether into or out of state licensed warehouses or portions of warehouses so licensed for publi…

411.170. Certificates shall be evidence — right of revocation. — The certificates issued by the department shall be conclusive evidence to all parties interested of the facts stated therein and shall form the basis of settlement between buyers and sellers unless otherwise specifi…

411.180. Right of examination, audit and inspection — confidential information, penalty for disclosure — subpoena powers of director — director to investigate complaints, when. — 1. The director or his authorized representative may examine, audit and inspect every licensed grain …

411.200. Reinspection. — Operators of public terminal elevators, may, with the consent of the director, call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the director, before or at the completi…

411.255. Operations for which a license is required — administrative penalty for operating without license. — 1. No person shall: (1) Operate a warehouse for storage of grain; (2) Hold himself out as being in the grain storage business, or as offering storage facilities for grain…

411.260. Application for public warehouse license, contents — rules — financial statements — false financial statement, penalty. — 1. Each person owning, operating, or desiring to own or operate a grain warehouse who is required to be licensed, shall apply for a license for each …

411.263. Fee for license. — Every warehouseman's original application for a public warehouse license must be accompanied by a fifty dollar application fee. Every applicant after approval shall pay an annual license fee based upon the capacity of the warehouse, or portion of the w…

411.266. Renewal of license — application, contents of — penalty for late renewal. — If a public warehouseman licensed under this chapter desires to renew the license for an additional year, application for the renewal shall be made on a form prescribed by the director and shall …

411.268. Schedule of charges to be filed, posted by warehouseman. — Before a license to conduct a warehouse is granted under this chapter, the warehouseman shall file with the director a copy of his schedule of charges for storage and other services. If the warehouseman desires t…

411.271. Examination of warehouse — paid for by whom — discrepancy, effect of. — 1. The department shall make at least one complete examination of each state licensed public warehouse each year. The examination shall be at the expense of the warehouseman who shall be charged ther…

411.275. Warehouseman's bond, requirements — defenses denied surety — cancellation, notice, effect — demand for payment by director, duties of director — refusal of surety to pay, penalty — distribution of bond proceeds — duties of depositors or receipt holders — injunction, hear…

411.276. Liability of surety not cumulative. — In no event shall the liability of the surety on any bond required by section 411.275 accumulate for each successive license period during which the bond is in force. The liability of the surety shall be limited in the aggregate to t…

411.277. Certificates of deposit and letters of credit, provisions applicable to — letters of credit, submitted in lieu of bond, when, refusal of director to accept, grounds, demand by director, procedure, failure by bank to pay, when, penalty, funds returned to bank, when — rule…

411.278. Amount of bond, how computed. — 1. The amount of the bond required by section 411.275 shall be based upon the licensed capacity of the warehouse, but in no event shall such bond be less than twenty thousand dollars, and shall be based upon the following table of rates: ­…

411.280. Warehouseman's net worth, requirements — deficiency, how corrected. — Every warehouseman licensed under the provisions of this chapter shall have and maintain a net worth equal to the greater of ten thousand dollars or the amount which results from multiplying the storag…

411.281. Additional bond required, when — amount, how determined. — 1. The director, after a hearing held in accordance with this chapter and regulations promulgated hereunder, may make a determination that the warehouseman has failed, or is unable, to meet storage or dollar obli…

411.283. Requirements for license — minimum storage capacity — scales required — denial of license, notice, hearing — contents of license — posting of license, duplicate license issued when — notice of suspension, cancellation, revocation or refusal to issue — removal of license,…

411.285. Procedure after license is revoked — injunction to sell or remove grain, hearing, notice. — 1. When a license is revoked, the warehouseman shall terminate, in a manner prescribed by the director, all arrangements covering the storing of grain in the warehouse covered by …

411.287. Director may monitor operations, when — fee for monitoring — director may order shipments of grain stopped, failure to obey order, penalty. — 1. If a license is suspended, revoked or a shortage is known to exist and the director determines that there is danger of loss to…

411.290. Insurance required, exceptions — rules and regulations. — 1. Every state licensed public warehouseman shall in his own name at all times keep all the grain contained in his warehouse insured by some reliable insurance company authorized to do business in the state of Mis…

411.295. Director may hold hearings, administer oaths, subpoena witnesses and evidence, and punish for contempt. — The director shall have power in the conduct of any investigation or hearing authorized or held by him to examine, or cause to be examined, under oath, any person, a…

411.301. Director may enjoin violations. — The director may enjoin a warehouseman from violating or continuing to violate the provisions of this chapter and the rules and regulations adopted by the director pursuant to this chapter by filing injunction proceedings in the circuit …

411.311. Operation without license prohibited, penalty. — 1. Any person who: (1) Operates a warehouse for storage of grain; (2) Holds himself out as being in the grain storage business, or as offering storage facilities for grain; (3) Advertises for, solicits or accepts grain for…

411.321. Terminal warehouseman to receive, inspect, weigh and grade grain. — 1. It shall be the duty of every terminal warehouseman to receive for storage any grain, dry and suitable for warehousing, that may be tendered to him in the usual manner in which terminal warehouses are…

411.323. Nonterminal warehouseman to receive, inspect, weigh and grade grain — exceptions — may issue receipts for own grain, how. — 1. Every public warehouseman, other than a terminal warehouseman, shall receive for storage or shipment, so far as the available capacity for publi…

411.325. Delivery of grain to warehouse — procedure — contract — grain deemed for storage, when — deferred pricing and deferred payment and minimum price agreements — transactions not covered by bond — all grain deemed storage covered by bond. — 1. At the time of delivery of grai…

411.327. Grain bank grain, how treated. — Grain which is deposited in a warehouse for processing and which is commonly referred to as grain bank grain shall be considered to be storage grain. Grain bank grain shall be entered into the records of the warehouseman as a storage obli…

411.331. Grain may be withheld from going into terminal warehouse — when — how — penalties. — In case any owner or consignee of grain to a terminal warehouse shall be dissatisfied with the inspection or grade of any lot of grain received by rail or shall from any cause desire to …

411.341. Grain may be stored in special bin — receipt to indicate. — 1. Any public warehouseman may, upon request of the owner of any grain, and with the consent of the warehouseman, store grain of the same grade in a bin to be kept apart from that of other owners, which bin shal…

411.360. Cleaning, preservation by warehouseman of grain specially stored — requirements — change of condition of grain, notice — delivery to other than owner or receipt holder unauthorized. — 1. Any public warehouseman may, on the written request of the owner of any grain stored…

411.371. Warehouse receipts, approval by director required — counterfeiting, penalty for — unused receipts returned to director, when — unlawful issuance of receipts, penalty. — 1. Warehouse receipts shall be issued by any licensed public warehouseman as herein defined upon the r…

411.381. Receipts, contents — prima facie evidence of holder's claim to grain. — 1. Every receipt issued for grain stored in a warehouse licensed under this chapter shall embody within its written or printed terms: (1) The location of the warehouse where the grain is stored; (2) …

411.383. Warehouse receipt register, how maintained. — Every licensed warehouseman who issues warehouse receipts shall maintain at his place of business a warehouse receipt register containing the duplicate copy of all issued receipts, each by consecutive number. Upon cancellatio…