Title 11, Agriculture, Livestock And Other Animals

Surety bond required; amount; approval by department; conditions; exception. (a) Each applicant for a warehouseman's or warehouse license shall post a cash bond, acceptable irrevocable letter of credit or execute and file with the department a good and sufficient surety bond in a…

Action on bond for breach of obligations; joinder of parties. Any person injured by the warehouseman's or warehouse's breach of any obligation provided by law may sue on the bond in his own name in any court of competent jurisdiction to recover the damage sustained by the breach.…

Investigation by department; complaint; service; hearing. The department upon its own motion or upon verified complaint against any warehouseman shall investigate as the department deems necessary, and shall at all times have free and unimpeded access to all facilities or places …

Warehouse receipts generally. All warehouse receipts issued for stored grain shall be in a form prescribed by the department and shall be obtainable only by the warehouseman from the department at cost. Each warehouse receipt issued must show the amount of any cash or the value o…

Audit of records; inspection of warehouse. (a) At least once each year and more often if necessary or if requested by an interested person the department shall inspect each licensed warehouse and shall audit the warehouse records. The director after conferring with interested ind…

Warehouseman's records; generally. Every licensed warehouseman shall maintain complete records of all grain stored, all grain withdrawn from storage, all warehouse receipts issued and all receipts returned to and cancelled by him. The records shall be available for examination an…

Warehouseman's records; contents; inspection and audit by department; issuance of warehouse receipts. (a) Every warehouseman shall keep a complete record of all grain handled by him including the following: (i) Name, address and phone number of the grower and of the owner; (ii) D…

Stored grain to be insured; insurance requirements; disaster loss to be reported. (a) All grain stored shall be insured against loss for full value by an insurance company licensed to do business in this state. A copy of the insurance policy in effect shall be provided to the dep…

Grading of grain; notation on warehouse receipt. All grain accepted for storage shall be graded by the warehouseman or designee according to standards of the United States department of agriculture, and the grade established shall be specified upon the warehouse receipt issued fo…

Stored grain to constitute bailment; amount in storage to equal issued storage certificates; exceptions; conversion; seizure. (a) The storage of grain with a warehouse and the movement of grain by a warehouseman constitutes a bailment and not a sale. Upon return of the scale tick…

Disposition of collected funds. There is created the grain warehouse inspection account. All funds collected by the department shall be deposited in the account created by this section. Interest earned by the account shall be retained in the account. The account is appropriated f…

Revocation and cancellation of license. Failure of any warehouseman or person operating a warehouse to comply with the provisions of this chapter will render the license of the warehouseman or person operating a warehouse subject to revocation and cancellation by the department.

Prohibited acts; penalties for violations. (a) Any person who engages in or carries on any grain warehousing business without first having obtained a license, or who continues to engage in or carry on such business after his license has been suspended, revoked or expires is guilt…

Perjury. Any affirmation under this chapter shall be given under penalty of perjury.

Cease and desist orders; warehousemen; notice; opportunity for hearing. (a) After notice and opportunity for hearing, the department shall issue a final cease and desist order to a warehouseman if the warehouseman or any officer, director, employee or agent of the warehouse is vi…

Temporary cease and desist order; warehousemen; service. (a) If the department believes the actions of a warehouseman or of any officer, director, employee or agent of the warehouse pose an immediate threat to the safety and soundness of the warehouse or to the interests of the d…

Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal. (a) All notices and orders required to be served by the department under this article shall be served by certified mail return receipt requested to the last known address…