60-02 Grain and Seed Warehouses
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<![CDATA[CHAPTER 60-02GRAIN AND SEED WAREHOUSES60-02-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Commission" means the public service commission.2."Credit-sale contract" means a written contract for the sale of grain pursuant to<br>which the sale price is to be paid or may be paid more than thirty days after the<br>delivery or release of the grain for sale and which contains the notice provided in<br>subsection 7 of section 60-02-19.1. If a part of the sale price of a contract for the<br>sale of grain is to be paid or may be paid more than thirty days after the delivery or<br>release of the grain for sale, only such part of the contract is a credit-sale contract.3."Grain" means wheat, durum, oats, rye, barley, buckwheat, flaxseed, speltz,<br>safflower, sunflower seeds, tame mustard, peas, beans, soybeans, corn, clover,<br>millet, alfalfa, and any other commercially grown grain or grass seed. "Grain" as<br>defined in this chapter shall not include grain or grass seeds owned by or in the<br>possession of the warehouseman that have been cleaned, processed, and<br>specifically identified for an intended use of planting for reproduction and for which a<br>warehouse receipt has not been issued.4."Noncredit-sale contract" means a contract for the sale of grain other than a<br>credit-sale contract.5."Public warehouse" means any elevator, mill, warehouse, subterminal, grain<br>warehouse, terminal warehouse, or other structure or facility not licensed under the<br>United States Warehouse Act [7 U.S.C. 241-273] in which grain is received for<br>storing, buying, selling, shipping, or processing for compensation.Provided,however, that nothing in this chapter shall be construed to require a processor to<br>receive, store, or purchase any lot or kind of grain at said facility.6."Public warehouseman" means the person operating a public warehouse that is<br>located or doing business within this state, whether or not such owner or operator<br>resides within this state. The term does not include a person who is permitted to sell<br>seed under chapter 4-09, if that person does not store grain for the public and buys<br>grain only for processing and subsequent resale as seed, or an authorized dealer or<br>agent of a seed company holding a permit in accordance with section 4-09-14.4.7."Receipts" means grain warehouse receipts, scale tickets, checks, or other<br>memoranda given by a public warehouseman for, or as evidence of, the receipt,<br>storage, or sale of grain except when such memoranda was received as a result of a<br>credit-sale contract.8."Receiving station" means any facility other than an individually licensed warehouse<br>that is used by a licensed public warehouseman to receive and temporarily store<br>grain prior to transferring the grain to the warehouseman's primary licensed<br>warehouse location or delivering it directly to market.60-02-02. Commission - Powers and duties. The duties imposed by the provisions ofthis chapter and the powers conferred herein devolve upon the commission.60-02-03. Duties and powers of the commission. The commission shall have the dutyand power to:1.Exercise general supervision of the public warehouses of this state, including the<br>handling, weighing, and storing of grain, and the management of public warehouses.Page No. 12.Investigate all complaints of fraud and injustice, unfair practices, and unfair<br>discrimination.3.Examine and inspect, during ordinary business hours, any licensed warehouse,<br>including all books, documents, and records.4.Require the filing of reports pertaining to the operation of the warehouse.5.Make all proper rules for carrying out and enforcing any law in this state regarding<br>public warehouses.60-02-04. Federal licensed inspector - Appointed by commission. The commissionmay employ a federal licensed inspector whose duties are hereinafter prescribed and such other<br>employees as may be necessary to carry out the provisions of this chapter.60-02-05. Grain marketing - Procedure for resolving disputes.1.If any dispute or disagreement arises between the person receiving and the person<br>delivering grain at any public warehouse in this state as to the proper grade,<br>dockage, vomitoxin level, moisture content, or protein content of any grain, an<br>average sample of at least three pints of the grain in dispute may be taken together<br>by both parties interested. The sample must be certified by each party as a true and<br>representative sample of the grain in dispute on the day the grain was delivered.<br>The sample must be forwarded in a suitable container by parcel post or express,<br>prepaid with the name and address of both parties for inspection by a federal<br>licensed inspector, or a mutually agreed-upon third party, who will examine the grain<br>and adjudge what grade, dockage, vomitoxin level, moisture content, or protein<br>content the sample of grain is entitled to under the inspection rules and grades<br>adopted by the secretary of agriculture of the United States. The person requesting<br>the inspection service shall pay for the inspection. If the grain in question is damp,<br>otherwise out of condition, or if moisture content is in dispute, the sample must be<br>placed in an airtight container. Payment for the grain involved in the dispute must be<br>made and accepted on the basis of the determination made by the federal licensed<br>inspector or third party. However, all other quality factors may also be considered in<br>determining the price of the grain. An appeal of the determination made by a third<br>party other than a federal licensed inspector may be made to a federal licensed<br>inspector. An appeal of the determination made by a federal licensed inspector may<br>be made as provided under the United States Grain Standards Act [Pub. L. 103-354;<br>108 Stat. 3237; 7 U.S.C. 79(c) and (d)] and under 7 CFR 800.125-800.140.Aperson not abiding by a final determination is liable for damage resulting from not<br>abiding by the determination.2.If any dispute or disagreement arises between the person delivering grain and the<br>person receiving grain as to the determination of quality factors of grain purchased<br>or delivered in the state for which inspection rules and grades have not been<br>adopted by the secretary of agriculture of the United States, an average sample of at<br>least three pints of the grain in dispute may be taken together by the parties<br>interested. The sample must be certified by each party as a true and representative<br>sample of the grain in dispute on the day the grain was delivered. If the grain is<br>damp or otherwise out of condition, the sample must be placed in an airtight<br>container. The sample must be forwarded in a suitable container by parcel post or<br>express, prepaid with the name and address of both parties, for inspection by a<br>federal licensed inspector, or a mutually agreed-upon third party, who may examine<br>the grain and determine the quality factors in dispute. The person requesting the<br>inspection service shall pay for the inspection.The determination made by theinspector, or the third party, must be used in the settlement of the dispute.60-02-05.1.Notice of procedures for resolving disputes over grain.A publicwarehouse shall post a notice containing the procedures specified in section 60-02-05 forPage No. 2resolving disputes. The commission shall prescribe the form of the notice and shall provide a<br>copy of the notice to each public warehouse. The public warehouseman shall post the notice in<br>the grain inspection room of the warehouse.The notice must specifically mention that theprocedure for resolving disputes applies to the grade, dockage, moisture content, and protein<br>content of grain and to the quality factors of grain for which inspection rules and grades have not<br>been adopted by the secretary of agriculture of the United States.60-02-06. Printing and publishing rules. Repealed by S.L. 1983, ch. 672, </p>
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