34-233. Storage in public warehouses; grain samples; weight certificates.
34-233
34-233. Storage in public warehouses; grain samples;weight certificates.(a) Every public warehouseman shall receive for storage or shipment, so faras the available capacity of the warehouse shall permit, all grain in asuitable condition for storage tendered to the warehouseman inthe usual course ofbusiness, without discrimination of any kind. A representative sample ofgrain offered for storage shall be taken and agreed upon both by the ownerand the warehouseman as being a true and representative sample of the lotof grain offered for storage.
(b) If the owner of the grain and the warehouseman agreeas to the grade, the grain may be stored and warehouse receipt issued onthe agreed grade, but either party shall have an official inspection ifsuch party soelects at the time of storing the grain by submitting an agreed sample toan inspector designated by the secretary. The fees for theinspection of such sample shall be paid by the warehouseman and added tothe storage charges of the grain.
(c) All grain taken into a public warehouse shall be carefully weighed bythe warehouseman or one of the warehouseman's employees and acertificate of weight in theform approved by the secretary shall be issued and theweight so shown by the certificate shall be stated on the warehousereceipt. When grain is delivered out of storage at a public warehouse and ifeither of the parties to the transaction requests or if any disputeor disagreement arises between the party receiving and the party deliveringthe grain, the same method of determining the grade shall be used asprescribed for taking grain into storage. Any warehouseman desiring toissue warehouse receipts against the warehouseman's own grainin store may do so bycomplying with the regulations governing the methods of taking samples ofgrain tendered for storage and the secretary may designate themanner inwhich a sample shall be taken if grain is delivered on warehouse receiptsat the public warehouses.
History: L. 1931, ch. 194, § 11; L. 1967, ch. 231, § 1; L. 1984,ch. 150, § 9;L. 1990, ch. 142, § 4;L. 1997, ch. 160, § 24; Sept. 1.