Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-14 - STATE WAREHOUSE DIVISION › Subject 40-14-4 - STORAGE › Rule 40-14-4-.06 - Temporary Grain Storage

Current through Rules and Regulations filed through June 27, 2024
The Department may approve and authorize a temporary grain
				  storage unit under the requirements set forth by this rule. All temporary grain
				  storage units must be under control of a licensed warehouse operator, whose
				  obligation to maintain the quality and quantity of grain stored at the
				  operator's licensed facility applies to all grain stored within the operator's
				  authorized temporary grain storage unit. The authorization of a temporary
				  storage unit will not relieve a warehouse operator of any other obligations set
				  forth for warehouse operators by Georgia law and regulations.
(1)
Authorization
-
				Authorization for a temporary grain storage unit may be issued at any time;
				however, it will expire one year following the date of first fill, absent an
				official extension. A warehouse operator who desires to store grain in
				temporary storage must apply to the Department in writing for approval
				following completion or acquisition of the temporary storage unit but prior to
				placing any grain in the unit. In submitting an application, the warehouse
				operator must advise the Department of the operator's intent to use temporary
				storage and indicate the location, construction, quantity of grain to be
				stored, and estimated duration of storage.
(2)
Extensions
- The
				authorization period for a temporary grain storage unit may be extended beyond
				the one-year limitation; however, the extension of an authorization period for
				a temporary storage unit will never result in the granting of a new full
				authorization period. The Department may grant an extension where an authorized
				licensee demonstrates good cause for an extension and requests the extension no
				later than 30 days prior to the expiration of the authorization period or
				extension then in effect. The Department must inspect the licensee's temporary
				storage unit and commodities for quantity and quality before granting any
				requested extension. If an extension is granted, the temporary storage unit
				must continue to meet all requirements set forth by this rule. Every approved
				extension must be in writing signed by the warehouse operator and provide the
				extension's expiration date.
(3)
Expiration
- The warehouse operator must either
				purchase the grain stored in the temporary storage unit or remove the grain
				from the temporary storage unit prior to the expiration of the initial
				authorization period or granted extension. If the warehouse operator elects to
				continue using the temporary storage unit for company-owned grain after the
				expiration of the initial authorization or granted extension, the warehouse
				operator must remove the grain's quantity from the warehouse's official
				records, not use the grain to cover the warehouse's storage or warehouse
				receipted obligations, and agree the quantity will not be included in any
				warehouse examination conducted by the Department. If the warehouse operator
				elects to move grain held in temporary storage into licensed space, the
				warehouse operator must notify the Department in writing upon the move's
				completion.
(4)
Specifications for temporary grain storage units
-
				Every temporary grain storage unit must be approved by the Georgia Department
				of Agriculture. The design of each storage unit must assure the quality of
				stored grain is maintained. To receive Departmental approval, each grain
				storage unit must meet the following qualifications:
(a) Each storage unit must prevent exposure
				to the elements;
(b) Each storage
				unit must be immobile;
(c) Each
				storage unit must resist tearing under normal expected conditions;
(d) Each storage unit must allow for
				sufficient drainage; and
(e) Each
				storage unit must allow for sufficient ventilation.