reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.27 — Penalties; Enforcement Action; Costs And Expenses.

223.27 PENALTIES; ENFORCEMENT ACTION; COSTS AND EXPENSES.
(a) In addition to any other penalty or remedy provided by law, a person who knowingly or intentionally commits any of the following is subject to civil penalties under section 18J.10:
(1) refusing or failing to collect any grain indemnity premiums as required under section 223.25;
(2) refusing or failing to pay to the commissioner any grain indemnity premiums collected under section 223.25;
(3) making a false statement, representation, or certification, or knowingly failing to make a required statement, representation, or certification in a record, report, or other document required under this chapter or filed with the commissioner; or
(4) resisting, preventing, impeding, or interfering with the commissioner in the performance of the commissioner's duties under this chapter.
(b) In addition to the civil penalty described in paragraph (a), the commissioner in an enforcement action for a violation described in paragraph (a), clause (1) or (2), must order the grain buyer to pay into the grain indemnity account any grain indemnity premiums collected by the grain buyer that the grain buyer owes to the grain indemnity account and may order the grain buyer to pay interest on the amount that the grain buyer owes to the grain indemnity account.
History:
2023 c 43 art 2 s 134
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.28 — Grain Bonds; New License Holders.

223.28 GRAIN BONDS; NEW LICENSE HOLDERS.
(a) Except as provided in paragraph (b), before the commissioner issues a grain buyer or public grain warehouse operator license, a person who has not been licensed to buy grain or operate a public grain warehouse in the previous licensing period must file with the commissioner a grain bond in a penal sum of $100,000. A grain bond must remain in effect for the first three years of the license.
(b) A grain buyer who purchases grain immediately upon delivery solely with cash; a certified check; a cashier's check; or a postal, bank, or express money order is exempt from this subdivision if the grain buyer's gross annual purchases are $1,000,000 or less.
(c) The commissioner may require a supplemental bond in an amount prescribed by the commissioner based on the financial statements required in section 223.17, subdivision 6.
(d) A grain bond must be on a form provided by the commissioner.
(e) A grain bond required under paragraphs (a) and (c) must provide for the payment of any loss caused by the grain buyer's failure to pay upon the owner's demand, including loss caused by the grain buyer's failure to pay within the time required. The grain bond must be conditioned upon the grain buyer being duly licensed.
(f) A grain bond required under paragraphs (a) and (c) that is obtained by a public grain warehouse operator must be conditioned that the public grain warehouse operator issuing a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade, and net quantity of grain called for by the receipt. A grain bond must be conditioned upon the operator being duly licensed.
(g) A grain bond must not be cumulative from one licensing period to the next. The maximum liability of the grain bond must be the grain bond's face value for the licensing period.
(h) A grain bond must be continuous until canceled. To cancel a grain bond, a surety must provide 90 days' written notice of the grain bond's termination date to the licensee and the commissioner.
(i) Upon the commissioner's determination that a claim is valid, the surety for any claims against the grain bond must make payments to the grain indemnity account.
History:
2023 c 43 art 2 s 135
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.50 — Issuing A Receipt For Goods One Does Not Have.

227.50 ISSUING A RECEIPT FOR GOODS ONE DOES NOT HAVE.
Subdivision 1.
Elements of crime.
A warehouse operator, or an officer, agent, or employee of a warehouse operator, who issues or helps to issue a receipt for goods knowing that the warehouse operator does not have or control the goods is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5159) 1913 c 161 s 50; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.51 — Receipt Containing False Statement; Penalty.

227.51 RECEIPT CONTAINING FALSE STATEMENT; PENALTY.
Subdivision 1.
Elements of crime.
A warehouse operator, or an officer, agent, or employee of a warehouse operator, who fraudulently issues or helps to fraudulently issue a receipt for goods knowing that the receipt contains a false statement, is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5160) 1913 c 161 s 51; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.52 — Issuing A Second Receipt Without "duplicate" On It.

227.52 ISSUING A SECOND RECEIPT WITHOUT "DUPLICATE" ON IT.
Subdivision 1.
Elements of crime.
A warehouse operator, or an officer, agent, or employee of a warehouse operator, who issues or helps to issue a negotiable receipt for goods knowing that another negotiable receipt for some or all of the goods is outstanding and uncanceled, without putting the word "duplicate" plainly on the face of the receipt is guilty of a crime.
Subd. 2.
Exception.
If the original receipt is lost, stolen, or destroyed, and if proceedings have been conducted as provided by law, it is not a crime under subdivision 1 to issue a duplicate receipt without putting the word "duplicate" plainly on it.
Subd. 3.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5161) 1913 c 161 s 52; 1965 c 812 s 3; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.53 — Issuing Receipt Not Showing Operator Owns Goods.

227.53 ISSUING RECEIPT NOT SHOWING OPERATOR OWNS GOODS.
Subdivision 1.
Elements of crime.
If:
(1) a warehouse operator owns goods solely, jointly, or in common with others;
(2) the goods are deposited with or held by the warehouse operator;
(3) the warehouse operator or an officer, agent, or employee of the warehouse operator issues or helps to issue a negotiable receipt for the goods;
(4) the receipt does not show the warehouse operator's ownership interest; and
(5) the issuer or helper knows of the warehouse operator's ownership interest;
then the issuer or helper is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5162) 1913 c 161 s 53; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.54 — Delivery Of Goods Without Getting Negotiable Receipt.

227.54 DELIVERY OF GOODS WITHOUT GETTING NEGOTIABLE RECEIPT.
Subdivision 1.
Elements of crime; exception.
If:
(1) a warehouse operator, or an officer, agent, or employee of a warehouse operator, delivers goods out of the possession of the warehouse operator;
(2) the deliverer knows that a negotiable receipt is outstanding and uncanceled and that if the receipt were negotiated it would transfer the right to possess the goods; and
(3) the deliverer does not get possession of the receipt at or before the delivery;
then the deliverer is guilty of a crime, unless the delivery is permitted by law.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5163) 1913 c 161 s 54; 1965 c 812 s 4; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 227 — Crimes Involving Warehouse Receipts › Section 227.55 — Negotiating Receipt Without Clear Title To Goods.

227.55 NEGOTIATING RECEIPT WITHOUT CLEAR TITLE TO GOODS.
Subdivision 1.
Elements of crime.
If:
(1) a person deposits goods without having title to the goods or with a lien or mortgage on them;
(2) the person takes a negotiable receipt for the goods; and
(3) the person later negotiates the receipt for value with intent to deceive and without disclosing the lack of title or the existence of the lien or mortgage;
then the person is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5164) 1913 c 161 s 55; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 3 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.45 — Issuing Bill For Goods Not Received, Controlled.

228.45 ISSUING BILL FOR GOODS NOT RECEIVED, CONTROLLED.
Subdivision 1.
Elements of crime.
An officer, agent, or employee of a carrier, who with intent to defraud issues or helps to issue a bill knowing that all or part of the goods for which the bill is issued are not received or are not under the carrier's control at the time of issuing the bill, is guilty of a crime. Goods are received if they are received by the carrier, by an agent of the carrier, or by a connecting carrier.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5002) 1917 c 399 s 44; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.46 — Issuing A Bill With A False Statement In It.

228.46 ISSUING A BILL WITH A FALSE STATEMENT IN IT.
Subdivision 1.
Elements of crime.
An officer, agent, or employee of a carrier, who with intent to defraud issues or helps to issue a bill for goods knowing that the bill contains a false statement, is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5003) 1917 c 399 s 45; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.47 — Issuing A Duplicate Bill With Fraud In Mind.

228.47 ISSUING A DUPLICATE BILL WITH FRAUD IN MIND.
Subdivision 1.
Elements of crime.
An officer, agent, or employee of a carrier, who with intent to defraud issues or helps to issue a negotiable bill for goods, knowing that another negotiable bill for some or all of the goods is outstanding and uncanceled, is guilty of a crime.
Subd. 2.
Exceptions.
Issuing bills in a set over issue of documents for fungible goods and issuing substitutes for lost, stolen, or destroyed documents are not violations of subdivision 1.
Subd. 3.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5004) 1917 c 399 s 46; 1965 c 812 s 5; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.48 — Negotiating Bill Without Clear Title To Goods.

228.48 NEGOTIATING BILL WITHOUT CLEAR TITLE TO GOODS.
Subdivision 1.
Elements of crime.
If:
(1) a person ships goods without having title to the goods or with a lien or mortgage on them;
(2) the person takes a negotiable bill for the goods; and
(3) the person later negotiates the bill for value with intent to deceive and without disclosing the lack of title or the existence of the lien or mortgage;
then the person is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
(5005) 1917 c 399 s 47; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 469 art 4 s 1; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.49 — Negotiating Bill For Goods Carrier Does Not Have.

228.49 NEGOTIATING BILL FOR GOODS CARRIER DOES NOT HAVE.
Subdivision 1.
Elements of crime.
If:
(1) a carrier issues a bill for goods;
(2) the goods by the terms of the bill appear to have been received for transportation by the carrier; and
(3) a person intending to deceive negotiates or transfers the bill for value knowing that the carrier or a connecting carrier does not have or control some or all of the goods;
then the person is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5006) 1917 c 399 s 48; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.50 — Getting Carrier Without Goods To Issue A Bill.

228.50 GETTING CARRIER WITHOUT GOODS TO ISSUE A BILL.
Subdivision 1.
Elements of crime.
If:
(1) a person gets an officer, agent, or employee of a carrier falsely to believe that the carrier has or controls goods;
(2) the person, with intent to defraud, gets the carrier to issue a bill for the goods; and
(3) the person knows that, when the bill is issued, some or all of the goods described in the bill have not been received by the carrier, an agent of the carrier, or a connecting carrier, and are not under the carrier's control;
then the person is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5007) 1917 c 399 s 49; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 228 — Crimes Involving Bills Of Lading › Section 228.51 — Issuing A Nonnegotiable Bill Not So Marked.

228.51 ISSUING A NONNEGOTIABLE BILL NOT SO MARKED.
Subdivision 1.
Elements of crime.
A person who with intent to defraud issues or helps to issue a nonnegotiable bill without putting the words "not negotiable" plainly on the face of the bill, is guilty of a crime.
Subd. 2.
Penalty.
Whoever commits the crime described in subdivision 1 may be sentenced for each offense to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
(5008) 1917 c 399 s 50; 1984 c 628 art 3 s 11; 1988 c 469 art 4 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 230 — Public Warehouses, Elevators, Coal Sheds; Sites › Section 230.09 — Railroad Right-of-way; Use For Certain Purposes.

230.09 RAILROAD RIGHT-OF-WAY; USE FOR CERTAIN PURPOSES.
On paying reasonable compensation a person, firm, or corporation shall have the right to use the right-of-way of a railroad within the outside switches at a station or siding for any of the following purposes:
(1) as a site for a public elevator, warehouse, coal shed, icehouse, buying station, or selling station;
(2) as a location for weighing scales or other equipment for weighing livestock; or
(3) for receiving, storing, or distributing an article of commerce that has been or is to be transported.
History:
(5106) 1921 c 140 s 1; 1925 c 177 s 1; 1989 c 197 art 2 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 230 — Public Warehouses, Elevators, Coal Sheds; Sites › Section 230.10 — Procedure Upon Disagreement With Railroad.

230.10 PROCEDURE UPON DISAGREEMENT WITH RAILROAD.
If a person, firm, or corporation (1) desires to construct, operate, or use a public elevator, warehouse, coal shed, icehouse, buying station, selling station, or weighing scales or other equipment for weighing livestock, or to use ground space for receiving, storing, or distributing an article of commerce that has been or is to be transported, on the right-of-way of a railroad, and (2) cannot agree with the railroad operator on the site for the buildings, structures, equipment, or ground space or the compensation to be paid, the person, firm, or corporation may file a verified complaint with the Department of Agriculture. The complaint must state the facts and ask the department to establish the site for the buildings, structures, equipment, or ground space or the compensation to be paid, or both. The complaint must be served on the railroad company and 20 days, exclusive of the day of service, must be allowed for answer. After the time for answering has expired, the department shall fix the time and place for a hearing and give at least ten days' notice to both parties.
History:
(5107) 1921 c 140 s 2; 1925 c 177 s 2; 1971 c 25 s 67; 1980 c 442 s 5; 1989 c 197 art 2 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 230 — Public Warehouses, Elevators, Coal Sheds; Sites › Section 230.11 — Hearing; Order.

230.11 HEARING; ORDER.
The hearing must be held pursuant to the notice. If the department finds that the complainant is entitled to it, the department may issue an order establishing the location of the site for buildings, structures, equipment, or ground space at a suitable place within the outside switches at any station or siding, and fixing the reasonable annual compensation to be paid for the space. If buildings, structures, equipment, or ground space are already established or used on the right-of-way and the compensation is not fixed by order of the department or by contract, the department may fix the reasonable compensation to be paid for the occupation of the space.
History:
(5108) 1921 c 140 s 3; 1971 c 25 s 67; 1989 c 197 art 2 s 1
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.035 — Inspection Authority.

231.035 INSPECTION AUTHORITY.
The commissioner or the commissioner's designee may, upon presentation of appropriate credentials and during regular working hours or at other reasonable times, inspect premises including equipment and stored goods subject to and for reasons relating to the commissioner's enforcement and licensing authority; request information from persons with information relevant to an inspection; and inspect relevant papers and records relating to the storage of goods.
History:
1999 c 110 s 2
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.04 — Department To Enforce Warehouse Law.

231.04 DEPARTMENT TO ENFORCE WAREHOUSE LAW.
The department shall see that the provisions of the constitution and the statutes of this state affecting warehouse operators or household goods warehouse operators, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, that violations thereof are promptly prosecuted, and that penalties due the state therefor are recovered and collected; and, to this end, it may sue in the name of the state.
History:
(5176) 1915 c 210 s 5; 1971 c 25 s 67; 1986 c 444; 1999 c 110 s 3
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.08 — Warehouse Operator And Household Goods Warehouse Operator Requirements.

231.08 WAREHOUSE OPERATOR AND HOUSEHOLD GOODS WAREHOUSE OPERATOR REQUIREMENTS.
Subdivision 1.
To furnish information.
Every warehouse operator and household goods warehouse operator shall furnish all information required by the department to administer this chapter and make specific answers to all questions submitted by the department, under oath. A warehouse operator or household goods warehouse operator which is a corporation shall answer under the oath of one of its duly authorized officers.
A warehouse operator or household goods warehouse operator shall obey and comply with every order, decision, direction, or rule made or prescribed by the department in the matters specified in this chapter; and do everything necessary or proper to secure the compliance with and the observance of the same, by all its officers, agents, and employees.
Subd. 2.
Rights not limited.
Nothing in this chapter shall be construed as limiting the rights of any warehouse operator or household goods warehouse operator to lease or let for any storage purpose any portion of a building.
Subd. 3.
Tender for storage.
At the time of or prior to tender of goods for storage by a depositor, a storage order must be signed in writing by the depositor or the depositor's duly authorized representative and must show the name and address of the warehouse operator in whose custody the goods are to be deposited.
Subd. 4.
Identification of goods.
A warehouse operator who receives a lot of goods must identify each article or lot by tag or lot number, as recorded on the operator's books and on the warehouse receipt or contract.
Subd. 5.
Fire protection.
All warehouses must be protected against fire in accordance with the State Fire Code.
Subd. 6.
Floor load.
A warehouse floor or part of a floor must not at any time be loaded or stored with a greater weight of goods or materials per square foot than the floor will sustain with safety. If the department directs a warehouse operator to ascertain from a competent registered architect or engineer or from the proper municipal authorities what may be the safe load capacity in pounds per square foot of each floor of the operator's warehouse or warehouses, the operator must do so without unnecessary delay and must post signs in several conspicuous places on each floor stating the safe live load that floor will sustain.
Subd. 7.
Storage conditions.
(a) On each floor where there is open storage of goods, wares, or merchandise, there must be aisles wide enough to permit the free and unimpeded passage of goods, wares, or merchandise. All aisles must be kept free from obstructions, dust, and litter.
(b) Pieces of overstuffed furniture, mattresses, rugs, carpets, and other goods not stored in containers must be protected by wrapping before being placed in permanent storage.
History:
(5174) 1915 c 210 s 3; 1971 c 25 s 67; 1985 c 248 s 70; 1986 c 444; 1999 c 110 s 4; 2005 c 92 s 1-5; 2005 c 136 art 9 s 2
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.11 — Schedule Of Rates; Storing Household Goods.

231.11 SCHEDULE OF RATES; STORING HOUSEHOLD GOODS.
Subdivision 1.
Filing; inspection.
A household goods warehouse operator must file with the department and keep open for public inspection a printed schedule of rates and charges complying with subdivision 2. All tariffs of rates and charges must contain terms and conditions under which the rates and charges are assessed.
Subd. 2.
Rate-making procedure.
In order to ensure nondiscriminatory rates and charges for all depositors of household goods, the commissioner shall establish a collective rate-making procedure which will ensure the publication and maintenance of just and reasonable rates and charges under uniform, reasonably related rate structures. These procedures must provide for the joint consideration, initiation, and establishment of rates and charges and ensure that the respective revenues and expenses of household goods warehouse operators are ascertained. Any participating household goods warehouse operator party to a collectively mandated rate or charge has the right to petition the commissioner for the establishment of a rate or charge which deviates from the collectively set rate. Upon receiving the commissioner's approval, that household goods warehouse operator may proceed to establish the requested rate or charge. All household goods warehouse operators subject to rate regulation under this chapter must comply with the commissioner's rate-making procedures. No household goods warehouse operator shall undertake to perform any service or store any household goods until a schedule of rates has been filed and published in accordance with this chapter. In case of emergency, however, a service or storage not specifically covered by the schedules filed, may be performed or furnished at a reasonable rate, which must then be promptly filed, and which is subject to review in accordance with this chapter.
History:
(5184) 1915 c 210 s 13; 1971 c 25 s 67; 1983 c 300 s 24; 1986 c 444; 1993 c 212 s 2; 1999 c 110 s 6; 2005 c 92 s 7
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.12 — Change Of Rates; Storing Household Goods.

231.12 CHANGE OF RATES; STORING HOUSEHOLD GOODS.
Unless the department otherwise orders, no household goods warehouse operator may change any rate except after ten days' notice to the department and to the public pursuant to this section. Notice must be given by filing with the department and keeping open for public inspection new schedules or supplements stating plainly the changes to be made in the schedules then in force and the time when the changes will go into effect. The department for good cause shown, may, after hearing, allow changes without requiring the ten days' notice by an order specifying the changes to be made, the time when they shall take effect, and the manner in which they shall be filed and published.
History:
(5185) 1915 c 210 s 14; 1971 c 25 s 67; 1983 c 300 s 25; 1986 c 444; 1993 c 212 s 3; 1999 c 110 s 7
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.13 — Charging More Or Less Than The Published Rate; Storing Household Goods.

231.13 CHARGING MORE OR LESS THAN THE PUBLISHED RATE; STORING HOUSEHOLD GOODS.
Except as specified in sections 231.11 and 231.12, no household goods warehouse operator shall have, demand, collect, or receive, a different compensation for any service rendered or for storing any household goods than the rates applicable to that service or storage, as specified in the schedules of rates on file with the commissioner and in effect at the time.
If a household goods warehouse operator has had household goods in store so long that the storage charges accumulated on them are more than the household goods would bring at a forced sale, the department, upon written application and proof thereof, may authorize the household goods warehouse operator to compromise the charges for a sum not less than the amount which the household goods would bring at a forced sale.
History:
(5186) 1915 c 210 s 15; 1971 c 25 s 67; 1986 c 444; 1993 c 212 s 4; 1999 c 110 s 8
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.14 — Discrimination In Rates; Storing Household Goods.

231.14 DISCRIMINATION IN RATES; STORING HOUSEHOLD GOODS.
Except as herein otherwise specified, no household goods warehouse operator, or any officer, agent, or employee thereof, shall, directly or indirectly, by remittance, rebate, or any device, inducement, or other means, permit any corporation or person to obtain any service or the storage of any household goods at less than the rates then established and in force as shown by the schedule of rates filed and in effect at the time. No person or corporation shall, directly or indirectly, by any device, inducement, or means, either with or without the consent or connivance of a household goods warehouse operator, or any of the officers, agents, or employees thereof, obtain, or seek to obtain, any service, or the storage of any household goods at less than the rates then established and in force therefor. Any household goods warehouse operator, or the officers, agents, or employees thereof, or any person acting for or employed by it or transacting business with it, or any other person, who violates this section, is guilty of a gross misdemeanor and is, upon conviction, subject to imprisonment not exceeding 364 days or to a fine not exceeding $3,000, or both.
History:
(5187) 1915 c 210 s 16; 1965 c 412 s 1; 1984 c 628 art 3 s 11; 1986 c 444; 1993 c 212 s 5; 1999 c 110 s 9; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.15 — Rates For Storage Of Household Goods.

231.15 RATES FOR STORAGE OF HOUSEHOLD GOODS.
If the department after a hearing upon its own motion, or upon complaint finds that the rates demanded, observed, charged, or collected by a household goods warehouse operator for or in connection with any service or storage of goods, wares, or merchandise are unjust, unreasonable, discriminatory, preferential, or otherwise illegal, the department shall determine the just and reasonable rates to be thereafter effective and in force for that household goods warehouse operator and fix the rates by an order, which shall determine when the rates go into effect. Before an order is issued under this section, the household goods warehouse operator shall have an opportunity to be heard upon reasonable notice to be determined by the department.
History:
(5188) 1915 c 210 s 17; 1971 c 25 s 67; 1985 c 248 s 70; 1986 c 444; 1999 c 110 s 10,22; 2000 c 260 s 84,85
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.16 — Warehouse Operator Or Household Goods Warehouse Operator License.

231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE OPERATOR LICENSE.
A warehouse operator or household goods warehouse operator must be licensed annually by the department. The department shall prescribe the form of the written application. If the department approves the license application and the applicant files with the department the necessary bond, in the case of household goods warehouse operators, or proof of warehouse operators legal liability insurance coverage in an amount of $50,000 or more, as provided for in this chapter, the department shall issue the license upon payment of the license fee required in this section. A warehouse operator or household goods warehouse operator to whom a license is issued shall pay a fee as follows:
Building square footage used for public storage
$110
$220
$330
$440
$550
$660
A penalty amount not to exceed ten percent of the fees due may be imposed by the commissioner for each month for which the fees are delinquent.
Fees collected under this chapter must be paid into the grain buyers and storage account established in section 232.22.
The license must be renewed annually on or before July 1, and always upon payment of the full license fee required in this section. No license shall be issued for any portion of a year for less than the full amount of the license fee required in this section. Each license obtained under this chapter must be publicly displayed in the main office of the place of business of the warehouse operator or household goods warehouse operator to whom it is issued. The license authorizes the warehouse operator or household goods warehouse operator to carry on the business of warehousing only in the one city or town named in the application and in the buildings therein described. The department, without requiring an additional bond and license, may issue permits from time to time to any warehouse operator already duly licensed under the provisions of this chapter to operate an additional warehouse in the same city or town for which the original license was issued during the term thereof, upon the filing an application for a permit in the form prescribed by the department.
A license may be refused for good cause shown and revoked by the department for violation of law or of any rule adopted by the department, upon notice and after hearing.
History:
(5189) 1915 c 210 s 18; 1939 c 159; 1943 c 495 s 1; 1947 c 497 s 3; 1969 c 1148 s 37; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1975 c 313 s 22; 1977 c 364 s 7; 1981 c 356 s 331; 1982 c 508 s 7; 1983 c 300 s 26; 1985 c 248 s 70; 1986 c 444; 1999 c 110 s 11; 1999 c 231 s 170; 1Sp2001 c 2 s 143; 1Sp2005 c 1 art 1 s 86
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.17 — Bonds Of Warehouse Operators; Legal Liability Insurance.

231.17 BONDS OF WAREHOUSE OPERATORS; LEGAL LIABILITY INSURANCE.
Every warehouse operator applying for and receiving a license from the department under this chapter shall file with the department, acceptable to the department, a surety bond to the state of Minnesota. Bonds must be in the amount of $10,000.
The bond must be conditioned for the faithful discharge of all duties as a household goods warehouse operator operating under this chapter and full compliance with the laws of the state and rules and orders of the department. Failure to maintain the bond as required shall void the license.
The bond must be continuous until canceled. To cancel a bond, the surety must provide 90 days' written notice of the bond's termination date to the licensee and the department.
In lieu of the bond required by this section, the applicant may deposit with the commissioner of management and budget cash; a certified check; a cashier's check; a postal, bank, or express money order; assignable bonds or notes of the United States; or an assignment of bank savings account or investment certificate or an irrevocable bank letter of credit as defined in section 336.5-103, in the same amount as would be required for a bond.
In lieu of the bond required by this section, a warehouse operator that does not provide for the storage of household goods may provide proof of legal liability insurance coverage in the amount of $50,000 or more. A warehouse operator must notify the department with written notice of the cancellation of the policy. If the policy is terminated without notification to the department, the warehouse operator is subject to penalties under section 231.39.
History:
(5190) 1915 c 210 s 19; 1927 c 360 s 1; 1971 c 25 s 67; 1971 c 75 s 1; 1985 c 248 s 70; 1986 c 444; 1993 c 212 s 6; 1999 c 110 s 12; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.18 — Claims Against A Bond.

231.18 CLAIMS AGAINST A BOND.
Subdivision 1.
Filing a claim.
A depositor claiming to be damaged by the breach of an agreement to store household goods must file a claim with the department within 180 days of the date of breach.
Subd. 2.
Form of claim.
All claims must be in writing, must state the facts upon which the claim is based, must include any supporting evidence, and must be signed by the claimant. The supporting evidence may consist of, but is not limited to, a bill of lading, a warehouse receipt, a contract form, correspondence, or photographs.
Subd. 3.
Where to file.
All claims must be filed with the Minnesota Department of Agriculture, Grain Licensing and Auditing Section.
Subd. 4.
Bond limitations.
The bonds are not cumulative from one year to the next. A claim against the bond may only be made against the bond in effect at the time the agreement is breached. A bond is not liable for claims filed after 180 days from the date of the breach of the bond.
Subd. 5.
Public notice of a claim.
Upon determining that a depositor has filed a valid claim, the department shall publish notice of the claim in the official county newspaper of the county in which the licensee's primary place of business is located.
The notice must state that a claim against the bond of a licensee has been filed with the department, the name and address of the licensee, that any additional claims should be filed with the department, the date by which claims must be filed, and where the claims should be filed.
The public notice of the claim must appear for three consecutive days in newspapers with a daily circulation and for two consecutive publications in newspapers published less than daily.
Subd. 6.
Bond disbursement.
(a) Upon expiration of the claim filing period, the department shall promptly determine the validity of all claims filed and notify the claimants of the determination. An aggrieved party may appeal the department's determination by requesting, within 15 days, that the department initiate a contested case proceeding. In the absence of such a request, or following the issuance of a final order in a contested case, the surety company shall issue payment promptly to those claimants entitled to payment.
(b) If a household goods warehouse operator has become liable to more than one depositor by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all depositors entitled to the protection of the bond, the proceeds of the bond shall be apportioned among the bona fide claimants.
History:
(5192) 1915 c 210 s 21; 1971 c 25 s 67; 1986 c 444; 1993 c 212 s 7; 1999 c 110 s 13,14; 2005 c 92 s 8,9
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.24 — Complaint That Rate Is Unreasonable; Duty Of Department.

231.24 COMPLAINT THAT RATE IS UNREASONABLE; DUTY OF DEPARTMENT.
Upon verified complaint of any person or of any corporation that any rates of a household goods warehouse operator are unjust, unreasonable, discriminatory, preferential, or in any way in violation of law, the department shall proceed to investigate the matters alleged in such complaint; and, for the purposes of such investigation, they may require the attendance of witnesses and the production of books, papers, and documents. If, upon the hearing, such rates are found to be unjust, unreasonable, discriminatory, preferential, or in any way in violation of law, the department shall make an order, stating wherein the same are so unjust, unreasonable, discriminatory, preferential, or in any way in violation of law, and make rates which shall be substituted for those as to which complaint is made. Rates so made by the department shall be deemed prima facie reasonable in all courts, and shall be in full force during the pendency of any appeal or other proceedings to review the action of the department in establishing the same.
History:
(5198) 1915 c 210 s 27; 1971 c 25 s 67; 1999 c 110 s 15
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.28 — Failure To Obey Order Or Law.

231.28 FAILURE TO OBEY ORDER OR LAW.
If a warehouse operator or household goods warehouse operator fails to obey any law of this state or any order of the department, the department may, upon verified petition alleging such failure, apply to the district court of the county in which the operator's principal place of business is located for the enforcement of such law or order or other appropriate relief. The court, upon such notice as it may direct, shall hear such matter as in case of an appeal from an order. On the hearing, the findings of fact upon which the order is based shall be prima facie evidence of the merits therein stated, and the court may grant any provisional or other relief, ordinary or extraordinary, legal or equitable, which the nature of the case may require, and may impose a fine of not more than $50 for each day's failure to obey any writ, process, or order of the court, in addition to all other penalties or forfeitures provided by law. A temporary mandatory or restraining order may be made in such proceedings, notwithstanding any undetermined issue of fact, upon such terms as to security as the court may direct.
History:
(5202) 1915 c 210 s 31; 1971 c 25 s 67; 1986 c 444; 1999 c 110 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.32 — Proceedings In The Name Of The State.

231.32 PROCEEDINGS IN THE NAME OF THE STATE.
All acts or proceedings instituted by the department under this chapter shall be brought in the name of the state and be prosecuted by the attorney general.
History:
(5205) 1915 c 210 s 34; 1971 c 25 s 67
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.34 — Action On Bond In The Name Of The State.

231.34 ACTION ON BOND IN THE NAME OF THE STATE.
If a licensed household goods warehouse operator fails to perform a duty or violates this chapter, any person or corporation injured by such failure or violation may, with the consent of the department and the attorney general, bring an action in the name of the state, but to the person's or corporation's own use, in any court of competent jurisdiction on the bond of the household goods warehouse operator. In such action the person or corporation in whose behalf the action is brought shall file with the court a satisfactory bond for costs, and the state shall not be liable for any costs.
History:
(5206) 1915 c 210 s 35; 1971 c 25 s 67; 1986 c 444; 1999 c 110 s 17
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.36 — Falsification Or Destruction Of Accounts.

231.36 FALSIFICATION OR DESTRUCTION OF ACCOUNTS.
Any person who shall willfully make any false entry in the account or in any record or memorandum kept by a warehouse operator or household goods warehouse operator, or who shall willfully destroy, mutilate, alter, or by any other means or device, falsify a record of any such account, record, or memorandum, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of the warehouse operator or household goods warehouse operator, or shall keep any accounts or records with the intent to evade the provisions of this chapter, is guilty of a gross misdemeanor and, upon conviction, is subject to imprisonment not exceeding 364 days or to a fine not exceeding $3,000, or both.
History:
(5180) 1915 c 210 s 9; 1965 c 412 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1999 c 110 s 18; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.37 — Penalty For Divulging Information.

231.37 PENALTY FOR DIVULGING INFORMATION.
Any officer or employee of the department who divulges to any person, other than a member of the department, any fact or information coming to the knowledge of the officer or employee during the course of an inspection, examination, or investigation of any accounts, records, memoranda, books, or papers of a warehouse operator or household goods warehouse operator, except insofar as may be authorized by the department, or by a court of competent jurisdiction, or a judge thereof, is guilty of a gross misdemeanor and, upon conviction, is subject to imprisonment not exceeding 364 days or to a fine not exceeding $3,000, or to both.
History:
(5181) 1915 c 210 s 10; 1965 c 412 s 3; 1971 c 25 s 67; 1984 c 628 art 3 s 11; 1986 c 444; 1999 c 110 s 19; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.375 — Opening Or Abandoning Warehouse Building.

231.375 OPENING OR ABANDONING WAREHOUSE BUILDING.
No building or structure may be used as a warehouse or branch warehouse until it has been inspected and approved for warehousing purposes by the department.
On ceasing to use a building or other structure, a warehouse operator must promptly notify the department.
History:
2005 c 92 s 10
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 231 — Warehouses › Section 231.38 — Penalty For Transacting Business Without A License.

231.38 PENALTY FOR TRANSACTING BUSINESS WITHOUT A LICENSE.
Any person who shall transact the business of a warehouse operator or household goods warehouse operator, except for the purpose of winding up the same under the supervision of the department, without first procuring a license and giving a bond or providing proof of insurance as provided for in this chapter and any licensed warehouse operator or household goods warehouse operator who shall operate any warehouse without obtaining the permit herein provided for or who shall continue to transact such business after such license has expired or the required insurance has lapsed or such bond may have become void or found insufficient security for the penal sum in which it is executed by the department approving the same is guilty of a gross misdemeanor and, upon conviction, shall be fined in a sum not less than $100 nor more than $3,000 for each and every day the business is carried on before the license or permit, as the case may be, is issued or after the expiration of such license or permit or after receiving notice from the department that the insurance has lapsed or bond has become void or has been found insufficient security; and the operation of such warehouse operator or household goods warehouse operator may be enjoined upon complaint of the department before a court of competent jurisdiction.
A warehouse operator or household goods warehouse operator has 30 days after a license or permit has expired or insurance has lapsed or bond become void or been found insufficient before the penalty in this section applies.
History:
(5191) 1915 c 210 s 20; 1965 c 412 s 4; 1971 c 25 s 67; 1984 c 628 art 3 s 11; 1986 c 444; 1999 c 110 s 20