Chapter 586 — Chapter 586
83 sections in this chapter.
ORS 586.010 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.020 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.030 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.040 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.050 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.060 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.070 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.080 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.090 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.100 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.110 [Repealed by 1963 c.116 §1]
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[Repealed or reserved.]
ORS 586.120 [Amended by 1961 c.726 §419; repealed by 1963 c.116 §1]
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[Repealed or reserved.]
ORS 586.130 [Repealed by 1955 c.731 §34]
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GENERAL PROVISIONS
ORS 586.210 Definitions for ORS 586.210 to 586.730. As used in ORS 586.210 to 586.730, unless the context requires otherwise
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(1) “Department” means the State Department of Agriculture. (2) “Grain” means wheat, corn, oats, barley, rye, flaxseed, soybeans, grain sorghum, dry beans and peas and any other grain for which standards are established by the state or the federal government. (3) “Handling” inclu…
ORS 586.220 [Repealed by 1955 c.731 §34]
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PUBLIC WAREHOUSES
ORS 586.225 Exemption for certain warehousing facilities. (1) The provisions of ORS 586.210 to 586.561 do not apply to any public warehouse or other facility where the owner or operator thereof only receives grain
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(a) The owner or operator has purchased or has agreed to purchase, (b) For processing or cleaning for the owner of the grain, (c) For such purposes other than storage or handling as the State Department of Agriculture may by rule prescribe, if the records of the owner or operator…
ORS 586.230 State Department of Agriculture to inspect warehouses and records and make rules to enforce ORS 586.210 to 586.730. (1) The State Department of Agriculture shall have the power to inspect public warehouses. The department shall investigate all complaints of fraud or injustice in the operation of public warehouses and the business practices of warehousemen licensed by the department and make all necessary rules and regulations for carrying out and enforcing the provisions of ORS 586.210 to 586.730
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(2) If sufficient funds are available, the department annually shall inspect at reasonable times any warehouse or storage facility where grain is stored, handled or received and any records kept by the owner or person in control of such warehouse or storage facility and pertainin…
ORS 586.235 Cooperative agreements for inspections in other states. The Director of Agriculture may enter into cooperative agreements with approved warehouse examination programs provided by state governments of contiguous states to perform warehouse examinations of merged code facilities domiciled in these contiguous states. [1997 c.608 §6]
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Note: 586.235 was added to and made a part of 586.210 to 586.730 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 586.240 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.250 Improper acts of department officers or employees and of others improperly influencing them. (1) No officer, employee, inspector, sampler or weigher of the State Department of Agriculture shall
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(a) Be guilty of any neglect of duty. (b) Knowingly or carelessly inspect, sample or weigh any grain, grain products, hay or other commodities improperly. (c) Directly or indirectly accept any money or other consideration for any neglect of duty or any improper performance of dut…
ORS 586.260 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.270 Warehouse licenses; federal licenses; license application and fee. (1) Every person operating any public warehouse in this state shall, before July 1 of each year or such date as may be specified by rule of the State Department of Agriculture, procure from the department a license for each such warehouse so operated for the ensuing year, before transacting business at such public warehouse; but the holder of a license to store grain under the United States Warehouse Act shall furnish the department with a copy of such license and bond and, having furnished such copies, is not required to secure a state license or pay state warehouse inspection fees during the time the license holder continues to operate under the federal license. The license shall be posted in a conspicuous place in the office of each warehouse
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(2) Application for a license under this section shall be made to the department upon forms furnished by it. The application shall include: (a) The name and address of the applicant. (b) The location of each public warehouse of the applicant. (c) The total rated storage capacity …
ORS 586.275 Revocation of or refusal to issue license. Subject to the provisions of ORS chapter 183, upon determining that any person licensed under this chapter, or who has applied for a license under ORS 586.270, has violated or failed to comply with any of the provisions of this chapter or any of the rules and regulations of the State Department of Agriculture made under this chapter, or that such person has failed to place and keep the premises, where the person conducts the licensed business, in the manner required under this chapter, the department may revoke such person’s license or refuse to issue a license to such person. [1957 c.11 §2; 1961 c.425 §6; 1961 c.445 §5; 1971 c.734 §89]
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[Repealed or reserved.]
ORS 586.280 Prohibition against operating a warehouse or issuing a warehouse receipt without a license. (1) No person operating a public warehouse within this state shall issue any negotiable grain warehouse receipt for grain for storage purposes unless the person is at the time licensed so to do, either by the State Department of Agriculture or by the United States Department of Agriculture
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(2) No person shall operate a public warehouse in this state without a license under ORS 586.210 to 586.730. [Amended by 1955 c.731 §4]
ORS 586.285 Operation without a license may be enjoined. The State Department of Agriculture may apply for, and the circuit courts of this state hereby are vested with jurisdiction to issue, a temporary or permanent injunction against the operation by any person of a public warehouse without a license if such license is required by ORS 586.210 to 586.730. The remedy conferred by this section is in addition to any other remedy provided by law. [1955 c.731 §8 (enacted in lieu of 586.320); 1971 c.418 §17]
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[Repealed or reserved.]
ORS 586.290 Posting of signs at warehouses. (1) Every warehouseman operating a public warehouse licensed and bonded under ORS 586.210 to 586.730 shall post at or near the main entrance to the warehouse a sign to be furnished by the State Department of Agriculture of such design as the department directs, having thereon the words, “Oregon Bonded Grain Warehouse.” It is unlawful to permit such sign or any sign of similar appearance or bearing the same words, or words of similar import, to remain during any time that the warehouse is not duly and regularly licensed or bonded under ORS 586.210 to 586.730
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(2) When any such license expires or is revoked and a new license from the department has not yet been issued, or if the full amount of the bond required has not been filed and approved, then the warehouseman immediately shall: (a) Remove the sign. (b) Discontinue operation of th…
ORS 586.295 Warehouse to be maintained in adequate manner. A public warehouse shall be maintained in a manner adequate to provide suitable, sanitary and safe storage of the particular product or commodity stored therein. [1957 c.11 §6; 1957 c.314 §4]
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[Repealed or reserved.]
ORS 586.300 Warehouseman’s bond; liability; automatic license suspension for failure to have or to maintain bond. (1)(a) Each warehouseman operating a public warehouse required to be licensed under ORS 586.210 to 586.730 shall, on or before July 1 of each year, give a bond to the State of Oregon executed by the warehouseman as principal and by a corporate surety licensed to do business in this state as surety
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(b) The bond for each warehouseman who elects to provide to the State Department of Agriculture a financial statement or audit satisfactory to the department shall be not less than $20,000 nor more than $200,000, as conforms with a schedule to be established by the department. Su…
ORS 586.310 [Repealed by 1961 c.445 §23]
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[Repealed or reserved.]
ORS 586.315 Warehouseman required to insure grain or retain written waiver by depositor. (1) Except as provided in subsection (2) of this section, grain in storage in a public warehouse or public terminal warehouse shall be kept fully insured by the warehouseman for the current market value of such grain against loss by fire, lightning, inherent explosion, windstorm, cyclone and tornado. Evidence of such insurance coverage in the form of a certificate of insurance approved by the State Department of Agriculture shall be filed with the department at the time of making application for an annual license to operate a public warehouse as required by this chapter. The department shall not issue a license until such certificate of insurance is received
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(2) Any person depositing or storing grain who does not wish to have the grain of the person insured by a warehouseman, as required by subsection (1) of this section, may relieve the warehouseman of that duty and the provisions of this section, by notifying the warehouseman in wr…
ORS 586.320 [Repealed by 1955 c.731 §§7, 34 (586.285 enacted in lieu of 586.320)]
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[Repealed or reserved.]
ORS 586.330 Investigating and fixing warehouse charges. All charges made by any warehouseman subject to the provisions of ORS 586.210 to 586.730, for the handling or storage of grain shall be just, fair and reasonable; and the State Department of Agriculture, upon the complaint of any person interested or by inquiry upon its own motion, after a full hearing, may
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(1) Declare any existing charge for the handling or storage of grain or any regulation whatsoever affecting such charge, or the receipt, handling or storage, to be unreasonable or unjust; and (2) Declare and order what is a just and reasonable charge or regulation to be imposed o…
ORS 586.340 Posting rate schedules; increase or discrimination in rates prohibited. Every warehouseman shall annually, during the first week in July, publish by posting in a conspicuous place in the public warehouse of the warehouseman, a schedule of grain storage and handling rates for the ensuing year. The schedule shall be kept posted in a conspicuous place in the public warehouse. The rates shall not be changed during such year. No discrimination in rates shall be made by any warehouseman. [Amended by 1955 c.731 §10]
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[Repealed or reserved.]
ORS 586.350 Overcharges, rebates and preferences prohibited. No warehouseman subject to the provisions of ORS 586.210 to 586.730 shall
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(1) Directly or indirectly, by any special charge, rebate, drawback or other device, demand, collect or receive from any person a greater or lesser compensation for any service rendered or to be rendered in the handling or storage of grain than the warehouseman demands, collects …
ORS 586.360 Warehouseman required to receive grain for storage; reservation of space for local customers; load slips; warehouse receipts. (1) Every warehouseman shall receive for storage and handling, as the capacity of the public warehouse of the warehouseman will permit, all grain in a public warehouse licensed for such purpose, in suitable condition for storage, tendered the warehouseman in the usual course of business, without discrimination of any kind. However, a warehouseman may reserve adequate storage space for local producer customers
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(2) Every warehouseman receiving grain for storage or handling shall issue to every person delivering the grain to the warehouseman a load slip which shall contain thereon the actual weight of each draft of the grain and the tare, if any, and other information required by the Sta…
ORS 586.370 Obtaining blank forms of receipts from department. (1) The State Department of Agriculture shall cause to be printed, bound and delivered to each person operating a public warehouse a sufficient number of blank negotiable and nonnegotiable grain warehouse receipts, in such form and as prescribed by the department, required to carry on the business of such public warehouse when needed. No person shall use such forms for any purpose other than in connection with receipt of grain for storage or handling
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(2) Every person intending to operate a public warehouse shall file with the department for that purpose a requisition for such number of negotiable and nonnegotiable grain warehouse receipts as may be required for the operation of such public warehouse during the ensuing license…
ORS 586.380 Only authorized receipts to be used; exception. (1) It is unlawful to issue negotiable or nonnegotiable grain warehouse receipts other than those furnished by the State Department of Agriculture and such receipts shall be issued consecutively as numbered and dated with the true and correct date on which each receipt is actually issued. It is unlawful to print or have in possession for the purpose of issuance under ORS 586.210 to 586.730, any negotiable or nonnegotiable grain warehouse receipt blanks intended for use under the provisions of those sections other than those authorized to be printed or other than those furnished by the department
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(2) Nothing in ORS 586.210 to 586.730 shall be construed to prevent the issuance of nonnegotiable load slips or other nonnegotiable evidence of similar nature showing when and what quantities of grain were received or the condition thereof upon delivery. (3) Warehouses operated u…
ORS 586.382 Warehouse records; warehouse receipts. (1) A warehouseman operating another business in conjunction with, or in proximity to, the licensed public warehouse of the warehouseman shall keep a complete set of records for the warehouse business, entirely separate and distinct from the accounts and records of any other business. Deposits of grain for the account of such other business, or for grain owned by the warehouseman, shall be entered in the books of the warehouse in the same manner as those of other depositors
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(2) No sale of grain by a warehouseman for future delivery, made when grain is not in storage in the warehouse, shall be deemed a transaction to which this chapter is applicable, nor shall such transaction be entered in the warehouse records as a storage obligation until the grai…
ORS 586.385 Warehouseman’s liability for failure to issue proper receipt. (1) No warehouseman shall issue a receipt for grain not known by the warehouseman to be in the public warehouse of the warehouseman
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(2) When partial withdrawal of the grain of the depositor is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable receipt and on other records as prescribed by the State Department of Agriculture, or, if the warehouseman h…
ORS 586.390 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.395 Warehouseman’s liability for injury to grain; disposal of grain which is a hazard. (1) A warehouseman shall be liable for any loss or injury to the grain in the public warehouse of the warehouseman caused by the failure of the warehouseman to exercise such care in regard to it as a reasonably careful person would exercise in regard to similar grain of the person’s own
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(2)(a) If a warehouseman discovers that as a result of a quality or condition of certain grain placed in the public warehouse of the warehouseman, of which the warehouseman had no notice at the time of deposit, such grain is a hazard to other grain or to persons or to the public …
ORS 586.400 Duty of warehouse receiving grain for storage; damages for failure to deliver. (1) Except as otherwise provided in subsection (2) of this section, the duty of a warehouse receiving grain for storage or shipment in a public warehouse operated by the warehouse shall be governed by the provisions of ORS 77.4030
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(2) A warehouse’s duty to deliver grain is fulfilled if delivery is made to the several owners in the order of demand as rapidly as it can be done by ordinary diligence; where delivery is made within 48 hours after facilities for receiving the grain are provided, such delivery is…
ORS 586.410 Loading and shipping instructions; liability of warehouseman. Owners of negotiable grain warehouse receipts surrendered for shipment of grain or of grain in a public warehouse for which load slips only are furnished shall furnish the warehouseman with written instructions regarding the capacity of cars to be ordered from the transportation company and as to the manner of loading and billing shipments made in such cars as are furnished by the transportation company. The warehouseman shall load and bill all such shipments in exact accordance with instructions given, and is liable to the owner of the receipt so surrendered or of the grain for which load slips only are furnished for the amount of any excess freight paid, or for other damages suffered, by the owner of the receipt or grain resulting from the failure of the warehouseman to follow exactly the loading and billing instructions as given the warehouseman. [Amended by 1955 c.731 §16]
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[Repealed or reserved.]
ORS 586.415 Approval of holder of receipt required before sale, shipment or other transaction. No warehouseman shall sell, encumber, ship, transfer or in any manner remove or permit to be shipped, transferred or removed from a warehouse any grain received by the warehouseman for deposit or handling, without the written approval of the holder of the warehouse receipt or load slip. [1961 c.445 §16]
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[Repealed or reserved.]
ORS 586.420 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.425 [1957 c.11 §4; 1957 c.314 §3; 1961 c.726 §421; repealed by 1963 c.116 §1]
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[Repealed or reserved.]
ORS 586.430 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.440 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.450 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]
ORS 586.460 [Repealed by 1955 c.731 §34]
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[Repealed or reserved.]