reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.268 - Schedule of charges to be filed, posted by warehouseman.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.268. Schedule of charges to be filed, posted by warehouseman. —
Before a license to conduct a warehouse is granted under this chapter, the warehouseman shall file with the director a copy of his schedule of charges for storage and other services. If the warehouseman desires to make any change in the schedule of charges during the license period, he shall file, with the director, a statement in writing showing the proposed charge. Each warehouseman shall keep conspicuously posted the filed schedule of charges for storage and other services rendered in each operational office and these charges must be strictly adhered to.
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(L. 1965 p. 606, A.L. 1980 S.B. 601)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.271 - Examination of warehouse — paid for by whom — discrepancy, effect of.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.271. Examination of warehouse — paid for by whom — discrepancy, effect of. —
1. The department shall make at least one complete examination of each state licensed public warehouse each year. The examination shall be at the expense of the warehouseman who shall be charged thereby a fee based on rates established by the director. The minimum examination fee shall be fifty dollars. The examination shall include a weigh-up of all grain or a measure-up of all grain, as may be elected by the warehouseman.
2. Any additional examinations deemed necessary by the department to be made during any year shall be at the expense of the department; except that, if upon any examination a discrepancy is found to exist, the director may collect a fee for that examination and for any subsequent examinations deemed necessary to insure that the discrepancy is corrected. The fee for each such examination shall be computed in accordance with the provisions of subsection 3 of this section.
3. Any warehouseman may request additional examinations at the expense of the warehouseman. The director may collect a fee for each special or requested examination of a public grain warehouse or for extra work beyond regular examination procedures in connection with regularly scheduled examinations, computed as follows:
(1) Necessary personal expenses in conformance with the rules and regulations promulgated by the commissioner of administration pursuant to section 33.090;
(2) A mileage allowance equal to the allowance established by the commissioner of administration pursuant to section 33.095;
(3) Twenty dollars for each man-hour required to complete the inspection.
4. Upon completion of any examination which reveals a failure to comply with this chapter or regulations promulgated hereunder, the director or any warehouse auditor, within a reasonable time, shall present a written discrepancy report to the warehouseman, his employee or agent. The report shall specify the areas of noncompliance and shall give a specific period of time within which corrective action is to be taken. Such period of time shall be both reasonable and practicable under the circumstance. A report of that corrective action shall be sent to the director by the warehouseman. If, after further examination, the discrepancy still exists, the director may modify, suspend, or revoke the warehouseman's license, or the director may take whatever other action he deems necessary, consistent with the provisions of this chapter, until the warehouseman has corrected the discrepancy.
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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.276 - Liability of surety not cumulative.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1971
411.276. Liability of surety not cumulative. —
In no event shall the liability of the surety on any bond required by section 411.275 accumulate for each successive license period during which the bond is in force. The liability of the surety shall be limited in the aggregate to the face amount of the bond.
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(L. 1971 H.B. 180 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.278 - Amount of bond, how computed.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.278. Amount of bond, how computed. —
1. The amount of the bond required by section 411.275 shall be based upon the licensed capacity of the warehouse, but in no event shall such bond be less than twenty thousand dollars, and shall be based upon the following table of rates:
If the licensed capacity of the warehouse is:
The required bond is the greater of $20,000 or:
Not over 200,000 bushels
$10,000 plus $0.25 per bushel of licensed capacity
Over 200,000 but not over 1,000,000
$60,000 plus $0.20 per bushel of excess over 200,000 bushels of licensed capacity
Over 1,000,000 but not over 2,000,000
$220,000 plus $0.15 per bushel of excess over 1,000,000 bushels of licensed capacity
Over 2,000,000 but not over 3,000,000
$370,000 plus $0.10 per bushel of excess over 2,000,000 bushels of licensed capacity
Over 3,000,000
$470,000 plus $0.05 per bushel of excess over 3,000,000 bushels of licensed capacity
2. Notwithstanding subsection 1 of this section, no bond required under section 411.275 shall exceed one million dollars; except, in the case of a deficiency in the net worth as set forth in section 411.280, the director may require additional bond as he shall deem necessary to provide security.
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(L. 1977 S.B. 75 § 4, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.280 - Warehouseman's net worth, requirements — deficiency, how corrected.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 2011
411.280. Warehouseman's net worth, requirements — deficiency, how corrected. —
Every warehouseman licensed under the provisions of this chapter shall have and maintain a net worth equal to the greater of ten thousand dollars or the amount which results from multiplying the storage capacity of the warehouse by twenty-five cents per bushel. Capital stock, for the purpose of determining the net worth, shall not be considered a liability. Any deficiency in required net worth above the ten thousand dollar minimum requirement may be met by supplying additional bond in an amount equal to one thousand dollars for each one thousand dollars or fraction thereof of deficiency.
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(L. 1941 p. 373 § 46, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211, A.L. 2011 H.B. 458 merged with S.B. 356)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.281 - Additional bond required, when — amount, how determined.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.281. Additional bond required, when — amount, how determined. —
1. The director, after a hearing held in accordance with this chapter and regulations promulgated hereunder, may make a determination that the warehouseman has failed, or is unable, to meet storage or dollar obligations, and thus an additional bond is essential to adequately protect the warehouseman's depositors. Upon such a determination, the director shall require to be filed, within a reasonable period, as determined by the director, an additional bond in such amount as the director deems to be necessary to assure protection to the warehouseman's depositors.
2. The amount of the additional bond required under this section shall not exceed the amount necessary to fulfill the storage and dollar obligation which the warehouseman has failed or is unable to meet.
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(L. 1977 S.B. 75 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.285 - Procedure after license is revoked — injunction to sell or remove grain, hearing, notice.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.285. Procedure after license is revoked — injunction to sell or remove grain, hearing, notice. —
1. When a license is revoked, the warehouseman shall terminate, in a manner prescribed by the director, all arrangements covering the storing of grain in the warehouse covered by the license, but shall be permitted, under the supervision of the director, to deliver or purchase grain previously received.
2. In terminating arrangements regarding the storing of grain, the warehouseman shall prepare and send a notice, in a form approved by the director, to all depositors. The notice shall set forth the fact of termination and provide for a schedule of deliveries.
3. When a license is revoked, the director shall notify each depositor or holder of an outstanding warehouse receipt of the revocation. The director shall further notify each depositor or receipt holder that his grain must be sold or removed from the warehouse. The notice shall be by ordinary mail sent to the last known address of each receipt holder. Upon receipt of the notice, it shall be the legal duty imposed hereby of each depositor or receipt holder to so sell, or remove or cause to be removed his grain from the warehouse forthwith.
4. When a warehouseman's license is revoked pursuant to this section, the director may apply to the circuit court for a mandatory injunction ordering depositors to sell, remove or cause to be removed their grain from the warehouse and the circuit courts are hereby empowered to enter such an order. A hearing shall be held within ten days of the filing of any such petition. Notice of hearing to depositors, receipt holders, warehouseman, surety, all interested persons and the director shall be by any practicable means effecting actual notice. Further, the circuit courts are empowered to enter any order pertaining to the warehouseman, director, depositors, receipt holders, surety, or other interested persons that is appropriate in the circumstances to effectuate such removal or sale consistent with the purpose of this chapter. The court may enforce any order entered pursuant to this section by its contempt powers or as otherwise provided by law.
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(L. 1977 S.B. 75 § 9, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.287 - Director may monitor operations, when — fee for monitoring — director may order shipments of grain stopped, failure to obey order, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 01 Jan 2017, 2 histories, see footnote
411.287. Director may monitor operations, when — fee for monitoring — director may order shipments of grain stopped, failure to obey order, penalty. —
1. If a license is suspended, revoked or a shortage is known to exist and the director determines that there is danger of loss to depositors, the director or his authorized agents may enter the premises of the warehouseman, monitor the activities of the warehouseman and take any actions authorized by this chapter which are necessary to protect the interests of depositors of grain. Additionally, when a shortage exists, the director or his designated representative may order, verbally or in writing, the warehouseman to cease shipping any grain until such shortage is corrected. Should the warehouseman continue to ship grain after being advised of such order to cease shipping, such action of the warehouseman shall constitute a class D felony. The director and his designated representative shall notify local law enforcement officials and request the immediate arrest of the warehouseman.
2. Whenever the director or his authorized agents monitor the operation of any warehouse, the warehouseman, upon a finding by a court of competent jurisdiction that the director had reasonable grounds to believe that this action was necessary to protect the depositors, may be assessed and shall pay a fee of one hundred dollars per person for each day or part thereof that the director or his authorized agents monitored the operations.
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(L. 1977 S.B. 75 § 10, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.295 - Director may hold hearings, administer oaths, subpoena witnesses and evidence, and punish for contempt.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Jan 1979, see footnote
411.295. Director may hold hearings, administer oaths, subpoena witnesses and evidence, and punish for contempt. —
The director shall have power in the conduct of any investigation or hearing authorized or held by him to examine, or cause to be examined, under oath, any person, and to examine, or cause to be examined, books and records of any warehouseman; to hear testimony and take proof material for his information in the discharge of his duties under this chapter; to administer or cause to be administered oaths; and for any such purposes to issue subpoenas, to require the attendance of witnesses and the production of books which shall be effective in any part of this state; and any circuit court may, by order duly entered, require the attendance of witnesses and the production of relevant books and records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt.
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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.301 - Director may enjoin violations.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.301. Director may enjoin violations. —
The director may enjoin a warehouseman from violating or continuing to violate the provisions of this chapter and the rules and regulations adopted by the director pursuant to this chapter by filing injunction proceedings in the circuit court and in any such proceedings the circuit court, if it deems it proper, may order the warehouseman to not receive any more grain into such warehouse or to deliver any grain therefrom except as the court by its order shall direct. The injunction shall be prosecuted by the attorney general or the prosecuting attorney of the proper county upon request of the director.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.311 - Operation without license prohibited, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.311. Operation without license prohibited, penalty. —
1. Any person who:
(1) Operates a warehouse for storage of grain;
(2) Holds himself out as being in the grain storage business, or as offering storage facilities for grain;
(3) Advertises for, solicits or accepts grain for storage;
(4) Carries on a grain bank operation, or receives and stores grain for which a like quantity of grain is to be returned or delivered in any form to the depositor thereof without first obtaining and keeping in force an annual license issued by the department authorizing the operation of a public grain warehouse, or without having the license displayed in a conspicuous place, or who shall continue to transact any such business as a public warehouse after the license has been revoked or suspended, except that he may purchase from or deliver to depositors property previously stored in the warehouse; is guilty of a misdemeanor.
2. The director may refuse to renew any license or grant a new one to any person whose license has been revoked for a period of one year from the date of the revocation.
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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.321 - Terminal warehouseman to receive, inspect, weigh and grade grain.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.321. Terminal warehouseman to receive, inspect, weigh and grade grain. —
1. It shall be the duty of every terminal warehouseman to receive for storage any grain, dry and suitable for warehousing, that may be tendered to him in the usual manner in which terminal warehouses are accustomed to receive the same, in the ordinary and usual course of business, to the capacity of his warehouse available for public storage. The grain shall be officially inspected, officially weighed, and officially graded, upon receiving grain into the warehouse, except that the owner or warehouseman may direct that the grain not be officially inspected, officially weighed, or officially graded as provided in section 411.030, but shall be inspected, weighed, and graded by an individual, designated by the warehouseman, competent and qualified in performing these services.
2. All grain delivered from the warehouse shall be officially inspected, officially weighed, and officially graded on its delivery by a duly authorized inspector and weighmaster of the department, except that the owner or warehouseman may direct that the grain not be officially inspected, officially weighed, or officially graded as provided in section 411.030, but shall be inspected and weighed by an individual, designated by the warehouseman, competent and qualified in performing these services.
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(L. 1965 p. 606, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.323 - Nonterminal warehouseman to receive, inspect, weigh and grade grain — exceptions — may issue receipts for own grain, how.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.323. Nonterminal warehouseman to receive, inspect, weigh and grade grain — exceptions — may issue receipts for own grain, how. —
1. Every public warehouseman, other than a terminal warehouseman, shall receive for storage or shipment, so far as the available capacity for public storage of the warehouse shall permit, all grain in a dry and suitable condition for storage tendered him in the usual course of business, the grain to be inspected, weighed, and graded by an individual, designated by the warehouseman, competent and qualified in performing these services except that:
(1) The owner and the warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample. This sample shall be sent to an official licensed inspector of the Missouri state grain warehouse division and the official licensed inspector who receives the sample shall grade it according to the official U.S.D.A. grain standards and issue a certificate of grade which shall state the name of the owner, the warehouse at which it is stored and the official grade of the grain and the official grade shall be stated on the warehouse receipt. The sample submitted to the licensed inspector shall be held by him for a period of at least ten days from its receipt and in case that either party of the transaction is dissatisfied with the grade assigned, he may have the right to reinspection and appeal upon request. The fees for the inspection of the sample shall be paid by the warehouseman and added to the storage charges of the grain;
(2) The owner and the warehouseman may agree to the grade of the grain to be offered for storage and a warehouse receipt issued on the agreed grade;
(3) The owner or warehouseman may have an official weight, official inspection, and an official grade on the grain to be offered for storage if requested of the department, the expense thereof paid by the person requesting the service.
2. Any warehouseman desiring to issue warehouse receipts for his own grain in store may do so by complying with the regulations governing the methods as prescribed by the director.
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(L. 1965 p. 606, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.327 - Grain bank grain, how treated.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.327. Grain bank grain, how treated. —
Grain which is deposited in a warehouse for processing and which is commonly referred to as grain bank grain shall be considered to be storage grain. Grain bank grain shall be entered into the records of the warehouseman as a storage obligation in the same manner as other storage grain. The grain deposited for grain bank purposes may be accounted for on a separate record. Grain bank grain shall be accounted for on an individual depositor basis and shall not be shown as a total grain bank grain obligation. The records for grain bank grain shall be kept on a pounds or bushels basis for the various kinds of grain deposited. Records for grain bank grain may be kept on a monetary basis only if a check is issued or actual payment made at the time of delivery of the grain to the warehouse. If records are kept on a monetary basis, the warehouseman shall furnish written proof of payment to the director or his authorized agent upon request. The director is authorized to adopt and enforce any procedures and regulations necessary to assure the protection of grain bank obligations in the conduct of grain bank operations in warehouses.
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(L. 1977 S.B. 75 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.331 - Grain may be withheld from going into terminal warehouse — when — how — penalties.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.331. Grain may be withheld from going into terminal warehouse — when — how — penalties. —
In case any owner or consignee of grain to a terminal warehouse shall be dissatisfied with the inspection or grade of any lot of grain received by rail or shall from any cause desire to receive his property without its passing into store, he shall be at liberty to have the same withheld from going into the terminal warehouse, whether the property may have previously been consigned to such terminal public warehouse or not, by giving proper notice prior to unloading to the person or corporation in whose possession it may be at the time of giving such notice; and the grain shall be withheld from going into storage and be delivered to the owner subject only to such proper charges including any advanced draft as may be a lien upon it prior to the notice, the grain in railroad cars to be removed therefrom by the owner or consignor within twenty-four hours after the notice has been given to the railroad company having it in its possession; provided, the railroad company place the same in a proper and convenient place for unloading; and any person or corporation refusing to allow the owner or consignor to receive his grain shall be deemed guilty of misdemeanor, and shall be liable to pay the owner or consignor damages for any conversion. Notice that grain is not to be delivered into store may also be given to the proprietor of any terminal warehouse into which it would otherwise have been delivered, and if after the notice it be taken into store in the terminal warehouse, the proprietor of the terminal warehouse shall be liable to the owner of the grain for conversion.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.341 - Grain may be stored in special bin — receipt to indicate.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.341. Grain may be stored in special bin — receipt to indicate. —
1. Any public warehouseman may, upon request of the owner of any grain, and with the consent of the warehouseman, store grain of the same grade in a bin to be kept apart from that of other owners, which bin shall thereupon be marked as a special bin.
2. If a warehouse receipt be issued for grain so kept separate, it shall state on the face of the receipt that it is a special bin, and shall state the number of each bin.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.371 - Warehouse receipts, approval by director required — counterfeiting, penalty for — unused receipts returned to director, when — unlawful issuance of receipts, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 01 Jan 2017, 2 histories, see footnote
411.371. Warehouse receipts, approval by director required — counterfeiting, penalty for — unused receipts returned to director, when — unlawful issuance of receipts, penalty. —
1. Warehouse receipts shall be issued by any licensed public warehouseman as herein defined upon the request of any depositor, and must be issued in manner and form as provided by this chapter or prescribed by rule, and the form of all receipts shall be approved by the director. The director shall be authorized to have printed all warehouse receipts, grade certificates, and weight certificates issued by public warehousemen licensed under this chapter.
2. It shall be unlawful for any public warehouseman to issue any warehouse receipts for any grain received except upon warehouse receipts approved by the director. Any person who shall issue or cause to be issued any counterfeit warehouse receipt, or any warehouse receipt for grain, other than as authorized and prescribed by the director, shall be guilty of a class D felony.
3. Whenever the license of a public warehouseman expires or is revoked or suspended, he shall return all unused warehouse receipts to the director; the director shall immediately notify the holders of all outstanding receipts of the expiration or revocation of the license.
4. It shall be unlawful for any person, other than a licensed public grain warehouseman, to issue any negotiable warehouse receipt for grain, or any warehouse receipt for grain for collateral purposes. Any person who violates this subsection is, upon conviction, guilty of a class D felony.
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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1986 H.B. 1578, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.381 - Receipts, contents — prima facie evidence of holder's claim to grain.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 10 Jun 1981, see footnote
411.381. Receipts, contents — prima facie evidence of holder's claim to grain. —
1. Every receipt issued for grain stored in a warehouse licensed under this chapter shall embody within its written or printed terms:
(1) The location of the warehouse where the grain is stored;
(2) The date of the issuance of the receipt;
(3) The consecutive number of the receipt;
(4) How received, whether by railroad, car, truck, or other means;
(5) A statement whether the grain received will be delivered to the bearer, to a specified person, or to a specific person or his order;
(6) The rate of storage and handling charges;
(7) The net weight in bushels and pounds and the percentage of dockage together with the grading factors and the grade;
(8) The words "nonnegotiable" or "negotiable" according to the nature of the receipt clearly and conspicuously printed or stamped thereon;
(9) The signature of the warehouseman which may be made by an authorized agent; and
(10) If the receipt is issued for grain of which the warehouseman is owner, either solely or jointly, or in common with others, the fact of such ownership.
2. A receipt, whether negotiable or nonnegotiable, is a document of title. The warehouseman's failure to complete all entries on a receipt as required by this chapter and the rules promulgated pursuant to this chapter shall constitute a violation on the part of the warehouseman, but shall not preclude or restrict a depositor's right to recover stored grain under the provisions of this chapter. The receipt shall constitute prima facie evidence of the holder's claim to the grain regardless of the degree of compliance with this chapter with respect to completion of the entries required by this chapter.
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(L. 1965 p. 606, A.L. 1981 S.B. 366)
Effective 6-10-81
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.383 - Warehouse receipt register, how maintained.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.383. Warehouse receipt register, how maintained. —
Every licensed warehouseman who issues warehouse receipts shall maintain at his place of business a warehouse receipt register containing the duplicate copy of all issued receipts, each by consecutive number. Upon cancellation of a receipt, the original shall be retained in the warehouseman's files attached to its duplicate. After cancellation neither the original nor the duplicate shall be removed from the files.
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(L. 1977 S.B. 75 § 11)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.391 - Warehouseman may sell or pledge receipts issued for grain owned by him.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.391. Warehouseman may sell or pledge receipts issued for grain owned by him. —
Any public warehouseman operating a warehouse in the state may make a valid sale or a pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly or in common with others, and the recital of ownership in the receipt shall constitute notice of the right to sell or pledge the same and of the title or specific lien of the transferee or pledgee upon the warehouseman's grain represented by the receipts.
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(L. 1965 p. 606, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.401 - Grain accepted for storage in other public warehouse — form of trust receipts.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.401. Grain accepted for storage in other public warehouse — form of trust receipts. —
If the grain is offered for storage in any licensed public warehouse and the warehouseman does not have storage space to handle the same, the public warehouseman, with the consent of the owner and at his option, may accept grain shipment to a public warehouse where storage is available. The form of trust receipt to cover grain for storage by public warehouses, and to be transported to and stored in a public warehouse, shall be on a form approved by the director of agriculture and shall embody within its written or printed terms:
(1) The date of the issuance of the receipts;
(2) The name of the warehouse issuing the same and its location;
(3) The rate of storage or the basis for the charges;
(4) The net weight in bushels and pounds and percentage of dockage together with the grade;
(5) The words "trust receipt" and "nonnegotiable" clearly and conspicuously printed or stamped thereon;
(6) The signature of the warehouseman, which may be made by his authorized agent and filed with the director;
(7) A statement of the amount of the advances made, or the liabilities incurred, for which the warehouse claims a lien, but if the precise amount of advances made, or the liabilities incurred, be at the time of the issuance of the receipt unknown to the warehouseman, or to his agent who issues it, a statement of the fact that the advances have been made, or liabilities incurred, and the purpose thereof, is sufficient.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.405 - Grain shipped to terminal warehouse at request of owner — how — grain shipped to other licensed warehouses for storage to cover nonreceipted storage obligations, how.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.405. Grain shipped to terminal warehouse at request of owner — how — grain shipped to other licensed warehouses for storage to cover nonreceipted storage obligations, how. —
1. At his option a public warehouseman may ship carlots of grain, when requested by the owner to do so, to a specified terminal warehouse within the state without official inspection or the issuing of trust receipts, providing that the identical lot of grain is tendered for shipment. The transportation of the grain shall be at the owner's risk. When a warehouse receipt has been issued by the terminal warehouseman receiving the grain, and returned to the public warehouseman, he shall deliver the warehouse receipt to the owner upon payment of freight and all legal charges and upon surrender by the owner of the trust receipt or receipts, if any, issued by the public warehouseman for the grain.
2. A licensed warehouseman may ship grain to another state or federally licensed warehouse for storage to cover nonreceipted storage obligations at his licensed facility. The original warehouseman must have the written approval of the owner of the grain or notify the owner in writing prior to transferring the commodity or the obligation. Prior written notification may include printed statements on scale tickets or statements made on the schedule of charges required under section 411.268. The receiving warehouse must be a state licensed facility within the state of Missouri, a warehouse licensed under the United States Warehouse Act, or a facility located outside the state of Missouri licensed by the state where the facility is located if, based upon a determination by the director, that state's requirements are sufficient to protect the integrity of the stored grain. The transportation of the grain shall be at the original warehouseman's risk.
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(L. 1965 p. 606 § 411.402, A.L. 1997 H.B. 211)
Effective 4-02-97
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.410 - Receipts to be numbered — duplicates.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965, 2 histories
411.410. Receipts to be numbered — duplicates. —
All warehouse receipts issued by terminal public warehouses or public warehouses shall be numbered consecutively, and no two receipts bearing the same number shall be issued from the same warehouse during any one year, except in the case of a lost or destroyed receipt, in which case any duplicate receipt shall bear the same date and number as the original and shall be plainly marked on its face "duplicate". If the grain was received from railroad cars, the initials and number of each car shall be stated on the receipt with the amount it contained; if from wagon, truck or other means, the manner of its receipt shall be stated on its face.
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(RSMo 1939 § 14639, A.L. 1941 p. 373 § 29, A.L. 1965 p. 606 § 411.411)
Prior revisions: 1929 § 13339; 1919 § 6011; 1909 § 6787
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.420 - Lost receipts — procedure.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.420. Lost receipts — procedure. —
1. Where a negotiable receipt has been lost or destroyed by the holder of the receipt, the director may order the delivery of the grain upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the director, conditioned to indemnify the warehouseman or any holder or other person entitled to the grain against all loss, liability, or expense which he or they may sustain by reason of such delivery. The director shall also at his discretion order the payment of the warehouseman's reasonable costs and counsel fees. The delivery of the grain under an order of the director, as provided in this section, shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or the delivery of the grain.
2. Where a negotiable receipt has been lost or destroyed by the warehouseman, the director may, upon proof of such loss or destruction, require the warehouseman to sign an affidavit stating that the receipt has been lost or destroyed and cannot be produced for cancellation and that delivery or payment in full for the grain represented by the receipt has been made to the holder and that the warehouseman has not negotiated the receipt for value. The director may request the person to whom the receipt was issued or the person to whom the original holder negotiated the receipt to sign an affidavit stating that he has received delivery or payment in full for the grain represented by the receipt and that the receipt was willingly and truthfully presented to the warehouseman for cancellation.
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(L. 1941 p. 373 § 30, A.L. 1980 S.B. 601)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.451 - Fraudulent receipts prohibited — division or consolidation of receipts — delivery of grain.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.451. Fraudulent receipts prohibited — division or consolidation of receipts — delivery of grain. —
1. No warehouse receipt shall be issued except upon actual delivery of grain into store in the warehouse from which it purports to be issued. Nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel so received for storage, nor shall more than one receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the grain represented by the receipt, or receipts, is delivered out of store and a remainder is left, the director shall prescribe the form of the document for the remainder of the grain and the manner in which it is to be issued.
2. In case it is desirable to divide one receipt into two or more, or in the case it is desirable to consolidate two or more receipts into one and the warehouseman consents, the original receipt, or receipts, shall be cancelled in the same manner as if the grain had been delivered from store and the new receipt, or receipts, shall express on the face thereof that the new receipt, or receipts, represent a part of another receipt or the consolidation of other receipts, as the case may be, and the number and the date of the original receipt shall also appear on the new receipt issued in lieu thereof. No consolidation of receipts differing more than thirty days in date shall be permitted. All new receipts issued for old ones cancelled, as herein provided, shall bear the notation of the date of the receipt as originally issued.
3. A warehouseman shall not deliver grain for which he has issued a negotiable receipt until the receipt has been returned to him and cancelled, and shall not deliver grain for which he has issued a nonnegotiable receipt until the receipt has been returned to him or he has obtained from the person lawfully entitled to the delivery, or his authorized agent, a written order therefor. Before delivery is made of the last portion of a lot of grain covered by a nonnegotiable receipt, the receipt itself shall be surrendered.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.491 - Warehouseman must deliver grain, when.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.491. Warehouseman must deliver grain, when. —
A warehouseman, in the absence of some lawful excuse provided by this chapter, is bound to deliver the grain upon demand made either by the holder of a receipt for the grain, or by the depositor, if the demand is accompanied with:
(1) An offer to satisfy the warehouseman's lien;
(2) An offer to surrender the receipt, if negotiable, with such endorsements as would be necessary for the negotiation of the receipt; and
(3) A readiness and willingness to sign, when the grain is delivered, an acknowledgment that it has been delivered, if an acknowledgment is requested by the warehouseman. In case the warehouseman refuses or fails to deliver the grain in compliance with the demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for his refusal.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.511 - Warehouseman should deliver grain, to whom.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.511. Warehouseman should deliver grain, to whom. —
A warehouseman is justified in delivering the grain, subject to the provisions of the three following sections, to one who is:
(1) The person lawfully entitled to the possession of the grain, or his agent;
(2) A person who is either himself entitled to the delivery by the terms of a nonnegotiable receipt issued for the grain, or who has written authority from the persons so entitled either endorsed upon the receipt or written upon another paper; or
(3) A person in possession of a negotiable receipt by the terms of which the grain is deliverable to him or order or to bearer, or which has been endorsed to him or in blank by the person to whom delivery was promised by the terms of the receipts or by his mediate or immediate endorser.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.515 - Inventory required to be maintained — documents required to establish inventory.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.515. Inventory required to be maintained — documents required to establish inventory. —
1. Every warehouseman shall maintain stored grain inventories of sufficient quantities, qualities and grade to meet at all times his storage obligations. Failure to maintain required inventories is a violation of this chapter.
2. Grain evidenced by outstanding and uncancelled negotiable warehouse receipts shall be maintained in the specific warehouse facility shown on the warehouse receipt issued when the grain was deposited originally. For the purposes of this chapter each separate warehouse facility must maintain such an inventory for negotiable warehouse receipts issued by it at that location.
3. Inventories representing stored grain obligations other than those described in subsection 2 of this section shall be represented by:
(1) Grain actually held in the warehouseman's licensed warehouse facility;
(2) Receipts or tickets for grain stored in a licensed warehouse in Missouri;
(3) Receipts or tickets for grain stored in a warehouse facility licensed under the United States Warehouse Act;
(4) Receipts or tickets issued by a warehouse facility located outside of the state of Missouri upon a determination by the director that such receipts or tickets are issued by a person who, due to his net worth, his having posted a cash or surety bond, which may include an irrevocable letter of credit in a form acceptable to the director, or his having otherwise satisfied the director that the integrity of the grain will be maintained, is able to protect the stored grain.
4. All stored grain shall be maintained in licensed facilities.
5. Title to any grain which is forwarded to any other warehouse for storage shall be evidenced as prescribed by the director by rule.
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(L. 1977 S.B. 75 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.518 - Scale tickets — required, contents, constitute nonnegotiable receipts, evidence of holder's claim to grain — custom weighing defined.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 02 Apr 1997, see footnote
411.518. Scale tickets — required, contents, constitute nonnegotiable receipts, evidence of holder's claim to grain — custom weighing defined. —
1. A scale ticket, or other document approved by the director, shall be made out and filed for each movement of grain in or out of any grain warehouse licensed or required to be licensed under the provisions of this chapter. All scale tickets shall be printed with the business name and location and consecutively numbered. They must be issued in consecutive order. A copy of all scale tickets shall be kept on file in numerical order in the warehouseman's office. All other source documents for movement of grain in or out of the facility shall be in a form approved by the director and kept and maintained in a manner approved by the director. Any scale ticket used in pricing grain for the purpose of sale to the warehouseman shall have the price shown on all copies of the ticket.
2. A scale ticket issued in accordance with the provisions of this chapter or regulations promulgated hereunder shall be considered a form of nonnegotiable receipt. This form of nonnegotiable receipt shall be deemed a document of title. The warehouseman's failure to complete all entries on a scale ticket as required by this chapter and the rules promulgated pursuant to this chapter shall constitute a violation on the part of the warehouseman, but shall not preclude or restrict a depositor's right to recover stored grain under the provisions of this chapter. The scale ticket shall constitute prima facie evidence of the holder's claim to the grain regardless of the degree of compliance with this chapter with respect to completion of the entries required by this chapter.
3. All scale tickets, or other approved documents, issued shall contain the following information:
(1) Customer name;
(2) Date issued;
(3) Type of grain;
(4) Quantity of grain;
(5) Notation to show whether the grain movement was IN or OUT;
(6) If movement was IN, whether the grain received was for storage, purchased by the warehouseman, or other specified purpose; and
(7) If received for purchase by the warehouseman, the price shall be stated on all copies.
4. As used in this section,
"custom weighing"
shall mean the weighing of products or articles for the sole purpose of ascertaining weight and the weighing of these products and articles is not for the purpose of a sale or purchase by the warehouseman in the usual course of his business transactions. Any scale ticket used for the purpose of custom weighing must be clearly and conspicuously designated as a custom weight ticket. The director may promulgate regulations pertaining to the form and usage of custom weighing tickets.
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(L. 1977 S.B. 75 § 13, A.L. 1980 S.B. 601, A.L. 1981 S.B. 366, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)
Effective 4-02-97