Title XXVI — TRADE AND COMMERCE

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…

411.391. Warehouseman may sell or pledge receipts issued for grain owned by him. — Any public warehouseman operating a warehouse in the state may make a valid sale or a pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or join…

411.401. Grain accepted for storage in other public warehouse — form of trust receipts. — If the grain is offered for storage in any licensed public warehouse and the warehouseman does not have storage space to handle the same, the public warehouseman, with the consent of the own…

411.405. Grain shipped to terminal warehouse at request of owner — how — grain shipped to other licensed warehouses for storage to cover nonreceipted storage obligations, how. — 1. At his option a public warehouseman may ship carlots of grain, when requested by the owner to do so…

411.410. Receipts to be numbered — duplicates. — All warehouse receipts issued by terminal public warehouses or public warehouses shall be numbered consecutively, and no two receipts bearing the same number shall be issued from the same warehouse during any one year, except in th…

411.420. Lost receipts — procedure. — 1. Where a negotiable receipt has been lost or destroyed by the holder of the receipt, the director may order the delivery of the grain upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties…

[Repealed or reserved.]

411.491. Warehouseman must deliver grain, when. — A warehouseman, in the absence of some lawful excuse provided by this chapter, is bound to deliver the grain upon demand made either by the holder of a receipt for the grain, or by the depositor, if the demand is accompanied with:…

411.511. Warehouseman should deliver grain, to whom. — A warehouseman is justified in delivering the grain, subject to the provisions of the three following sections, to one who is: (1) The person lawfully entitled to the possession of the grain, or his agent; (2) A person who is…

411.515. Inventory required to be maintained — documents required to establish inventory. — 1. Every warehouseman shall maintain stored grain inventories of sufficient quantities, qualities and grade to meet at all times his storage obligations. Failure to maintain required inven…

411.517. Records required to be kept. — 1. The warehouseman shall maintain in a place of safety at each licensed warehouse facility current and complete records with respect to all grain delivered to, withdrawn from and received, stored or processed at that warehouse. The directo…

411.518. Scale tickets — required, contents, constitute nonnegotiable receipts, evidence of holder's claim to grain — custom weighing defined. — 1. A scale ticket, or other document approved by the director, shall be made out and filed for each movement of grain in or out of any …

411.519. Insufficient inventory, procedure to correct — insolvency, director may modify, suspend or revoke license or request order to be named trustee, procedure, order — warehouseman may appeal, how. — 1. Whenever it appears to the satisfaction of the director that a warehousem…

411.520. Misfeasance or malfeasance — accepting money — improper influence — penalty. — Any duly authorized officer or employee appointed under the provisions of this chapter who shall be guilty of neglect of duty, or who shall knowingly or carelessly inspect, grade, test, or wei…

411.523. Warehouseman liable for conversion, when. — Where a warehouseman delivers the grain to one who is not in fact lawfully entitled to the possession of it, the warehouseman shall be liable as for conversion to all having a right of property or possession in the grain if he …

411.531. Failure to take up and cancel receipt — warehouseman liable — when. — Except as provided, where a warehouseman delivers grain for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the grain, and fails to take…

411.541. Failure to mark receipt upon delivery of part of grain — warehouseman liable — when. — Except as provided, when a warehouseman delivers in whole or in part the grain for which he had issued a negotiable receipt and fails either to take up and cancel the receipt, or to pl…

411.551. Alteration of receipt — effect of. — The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if the alteration was: (1) Immaterial; (2) Authorized; or (3) Made without fraudulent intent. ­­ ­ ­­-------- (L. 1965 p. 606) *Word "at" a…

411.561. Receipt marked "duplicate" — meaning of. — A receipt upon the face of which the word "duplicate" is plainly placed is a representation and warranty by the warehouseman that the receipt is an accurate copy of an original receipt properly issued and uncancelled at the date…

411.571. Transferor of receipt to endorse. — Where a negotiable receipt is transferred for value by delivery, and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the receipt unless a c…

411.581. Warranties on negotiation or transfer of receipt. — A person who for value negotiates or transfers a receipt by endorsement or delivery, including one who assigns for value a claim secured by a receipt unless a contrary intention appears, warrants: (1) That the receipt i…

411.591. Endorser not a guarantor for other parties. — The endorsement of a receipt shall not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfill their respective obligations. ­­-------- (L. 1965 p. 606) CROSS R…

411.601. Certain devices prohibited where official state weights are given. — It shall be unlawful for any person, company, or corporation to install or continue to maintain at any elevator, mill, or warehouse where official state weights are given, any blower, suction fan, clean…

411.611. Issuance of receipt without receiving grain — penalty. — A warehouseman who issues or aids in issuing a receipt knowing that the grain for which the receipt is issued has not been actually received by the warehouseman, or is not under his actual control at the time of is…

411.621. False statement — penalty. — A warehouseman who fraudulently issues or aids in fraudulently issuing a receipt for grain, knowing that it contains any false statement, is guilty of a felony, and upon conviction shall be punished for each offense by imprisonment by the dep…

411.631. Issuance of receipt without indicating warehouseman's ownership — penalty. — Where there is deposited with or held by a warehouseman grain of which he is the owner, either solely or jointly, or in common with others, the warehouseman who knowing this ownership issues or …