75-44-39 - Warehouseman to accept all grain tendered to him in usual course of business; inspection, weighing and grading of grain.
§ 75-44-39. Warehouseman to accept all grain tendered to him in usual course of business; inspection, weighing and grading of grain.
Every grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the grain warehouse shall permit, all grain tendered to him in the usual course of business; provided, however, a grain warehouse owned and operated as a cooperative may decline to accept grain tendered by a nonmember if such cooperative reasonably believes that its available capacity will be required to serve the members of the cooperative. All such grain is to be inspected, weighed and graded by an inspector except that:
(a) The depositor and the grain warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample.
(b) The depositor and the grain warehouseman may agree upon the grade of the grain offered for storage and a warehouse receipt may be issued on the agreed grade.
Sources: Laws, 1977, ch. 409, § 20; Laws, 1981, ch. 354, § 17, eff from and after July 1, 1981.