Chapter 587 — Chapter 587

ORS 587.010 Definitions. As used in this chapter, “department” means the State Department of Agriculture

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ORS 587.020 Purpose of chapter. The purpose and object of this chapter is to provide the owners of grain the means of warehousing or storing their grain on farms, on or near railroad rights of way and other suitable places under proper safeguards, as a basis of farm credit on the grain so stored

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ORS 587.030 State Department of Agriculture to administer and enforce chapter. The State Department of Agriculture shall manage, control and direct the operations of the provisions of this chapter and has full power to make effective the provisions of this chapter and the rules and regulations which the department prescribes to carry out the purposes and objects of this chapter

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ORS 587.040 Powers of department; rules. In addition to the general powers conferred by ORS 587.030 the State Department of Agriculture has the following express powers

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ORS 587.050 Petition for services by department. Whenever 15 or more farmers operating farms tributary to any market center petition the State Department of Agriculture for services authorized by this chapter, the department forthwith shall provide for the method of inspection and certify all warehouse certificates for grain inspected. [Amended by 1959 c.201 §2]

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ORS 587.060 [Repealed by 1959 c.201 §11]

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ORS 587.070 [Repealed by 1959 c.201 §11]

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ORS 587.080 [Repealed by 1959 c.201 §11]

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ORS 587.090 Application for storage of grain. Any owner of grain desiring to store it shall make a written application to the State Department of Agriculture indicating where the grain is stored, the kind of structure in which stored and the encumbrance on the grain, if any. The application shall be signed and sworn to by the applicant. Whenever any grain is owned by more than one owner, the application shall be signed by all having an interest in the grain. In case such grain is mortgaged, the application for inspection shall be signed by the owner. The department in its discretion may require the mortgagee, mortgagor or any other person having an interest in the grain to sign applications or other documents required in carrying out this chapter. [Amended by 1959 c.201 §3]

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ORS 587.100 Making inspections; inspection certificates; issuing warehouse certificates. (1) When application is made to the State Department of Agriculture for the inspection and sealing of grain, whether upon the farm or on or near any railroad right of way, or other suitable place, the department shall, as soon as it is possible so to do, inspect the grain. If the grain and the structure in which it is stored comply with this chapter and the regulations of the department, the department shall

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ORS 587.110 Form and contents of warehouse certificate; approval by department. The form of the warehouse certificate issued under this chapter shall be prepared and approved by the State Department of Agriculture. Every certificate must embody within its written or printed terms the following

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ORS 587.120 Certificates to be in triplicate; disposition of original and copies. All warehouse certificates issued under this chapter shall be in triplicate. The original shall be delivered to the owner, one copy shall be retained by the State Department of Agriculture and the other copy shall be filed in the office of the county clerk of the county in which the grain is stored. Both copies of the certificate shall have plainly printed and stamped across the face thereof “Duplicate–No Value.” [Amended by 1959 c.201 §6]

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ORS 587.130 Filing and recording certificates. The State Department of Agriculture shall file in the office of the county clerk of the county wherein the grain is stored a copy of the warehouse certificate. The certificate shall be indexed under chattel mortgages. The filing fee shall be paid by the department and charged to the general expense of the administration of this chapter. The filing is notice that the grain described therein is pledged to the redemption of an outstanding negotiable warehouse certificate. [Amended by 1959 c.201 §7]

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ORS 587.140 Care by owner of stored grain; delivery to certificate holder; sale by owner. The owner of grain stored under this chapter is charged with the due care of the grain and shall exercise that degree of care and diligence which an ordinary and prudent person would exercise with regard to similar property of the person’s own. The owner shall also, upon demand of the holder of the certificate and with the approval of the State Department of Agriculture, deliver the grain to the marketplace indicated in the application without charge to the holder. No legal demand for the delivery of the grain can be made, however, upon the owner until the maturity of the obligation for which the certificate is pledged, or until the security becomes in any way impaired; but the owner of the grain in the discretion of the owner with the approval of the department may sell the grain prior to the maturity of the obligation of the owner under the certificate. [Amended by 1959 c.201 §8]

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ORS 587.150 Locking and sealing storage facilities; bond as waiver of. The locking up and sealing of any storage facility acceptable to the State Department of Agriculture hereby is waived, if and when the applicant has filed a warehouseman’s bond, as a guaranty to the carrying out of the provisions of this chapter. Such bond shall be passed on and approved by the department

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ORS 587.160 Determination of amount of grain; warehouse certificate as evidence; owner liable for actual amount. Whenever the amount of grain certified to on the warehouse certificate has been computed by cubic measurements or by number of bags, the amount shall be deemed to be prima facie the amount of the grain, but the actual amount shall be determined by the actual weight thereof. The owner, however, is responsible and liable to the holder of the certificate, for the delivery of the amount of grain indicated on the certificate by actual weight, or the value of any shortage thereof

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ORS 587.170 [Repealed by 1959 c.201 §11]

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ORS 587.180 [Repealed by 1959 c.201 §11]

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ORS 587.190 Expenses of administering chapter; disposition of inspection fees; continuing appropriation. The expenses of the administration of this chapter shall be paid by the owners of the grain, and the fee collected at the time of inspecting and sealing. The amount so paid shall be stated in the certificate. The fee for the inspection shall be established by the State Department of Agriculture on the basis of a fee for each bushel of grain stored in an amount that will reasonably reimburse the department for its costs in carrying out this chapter. The department may also make a charge for travel, overtime or other necessary expenses. All such fees shall be paid to the department and deposited with the State Treasurer in the General Fund to the credit of the Department of Agriculture Account and are continuously appropriated to carrying out this chapter. [Amended by 1959 c.201 §9]

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ORS 587.990 Penalties. (1) Any person who states in the application provided for in ORS 587.090 any material fact known to be false and for the purpose of misleading the State Department of Agriculture is guilty of a misdemeanor

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