reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 85 - Weights and Measures › Testing and Accuracy › Rule 21-85.57 - Testing High-moisture Grain

Current through Register Vol. 47, No. 3, July 24, 2024
When testing high-moisture grain the operator of a
				  moisture-measuring device shall use the following procedure: Test each sample
				  six times adding the six measurements thus obtained and dividing the total by
				  six to obtain an average which shall be deemed to be the moisture content of
				  such sample.
This rule is intended to implement Iowa Code section
				  215A.7.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 85 - Weights and Measures › Testing and Accuracy › Rule 21-85.63 - Hopper Scales

Current through Register Vol. 47, No. 3, July 24, 2024
A "hopper scale" is a scale designed for weighing bulk
				  Cornmodities whose load-receiving element is a tank, box, or hopper moimted on
				  a weighing element; and includes automatic hopper scales, grain hopper scales,
				  and construction material hopper scales.
(1)
Installation.
A hopper
				scale used for Cornmercial purposes shall be so located, or such facilities for
				normal access thereto shall be so provided that the test weights of the weights
				and measures official, in the denominations customarily provided, and in the
				amount deemed necessary by the weights and measures official for the proper
				testing of the scale, may readily be brought to the scale by customary means;
				otherwise it shall be the responsibility of the scale owner or operator to
				supply such special facilities, as required by the weights and measures
				official. The hopper scale shall have extended angle irons with hooks 14 inches
				from edge to hopper, in all four Corners, to allow the inspector to hook his
				chain and binder to 500# weight (or 1000# weight) for testing.
(2)
Method of hopper scale
				testing.
The method to be used in testing the scale for weighing
				accuracy shall be by the suspension of standard test weights at each Corner of
				the weighbridge, suspended from a point as near as possible over the center of
				the main bearing. A suitable permanent device to which the suspension equipment
				may be connected shall be properly located and placed on each Corner of the
				weighbridge. There is to be no obstmction, such as machinery, spouting or
				insufficient wall clearance, etc., that will interfere with the free suspension
				of the weights.
(3)
Approved by department.
Newly installed hopper scales must be
				approved by the department; this approval shall be based upon blueprints and
				specifications submitted for this purpose.
This mle is intended to implement Iowa Code sections 215.10
				  and 215.18.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.1 - Application of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are subject to such changes and modifications as
				the department of agriculture and land stewardship may from time to time deem
				advisable. These rules are subject to such waivers as may be considered just
				and reasonable in individual cases, subject to the provisions of 21-Chapter
				8.
This rule is intended to implement Iowa Code section
				203C.5.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For this chapter, the following definitions apply:
"Bureau "
means the grain warehouse bureau of
				the department of agriculture and land stewardship.
"Department"
means the Iowa department of
				agriculture and land stewardship.
"Generally accepted accounting principles"
means accounting principles generally accepted in the United States of America,
				in accordance with the U.S. Financial Accounting Standards Board, or
				international financial reporting standards, in accordance with the
				International Accounting Standards Board.
"Indemnity fund"
means the Iowa grain
				depositors and sellers indemnity fund created in Iowa Code chapter 203D.
"Licensee "
means a licensed warehouse
				operator
"Person "
means the same as defined in Iowa
				Code section
				4.1.
"Provider "
means a person approved by the
				department to maintain a secure electronic central filing system of electronic
				warehouse receipt records pursuant to Iowa Code section
				203C.18.
"Provider agreement"
means an agreement
				required by this chapter which is entered into between the department and a
				provider
"Received"
means the earliest of the
				following:
1. The date a state
			 warehouse examiner acknowledges receipt.
2. The date stamped "received" in the grain
			 warehouse bureau.
3. The date
			 postmarked, if the item is properly addressed to the Grain Warehouse Bureau,
			 Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace Building,
			 Des Moines, Iowa 50319.
"United States Warehouse Act"
means the United
				States Warehouse Act, 7 U.S.C. Ch. 10.
"USDA "
means the United States Department of
				Agriculture and its divisions and agencies, including, but not limited to, the
				Farm Service Agency.
"USDA Provider Agreement"
means the agreement
				entered into between the USDA and a provider and which is printed on USDA Form
				WA-460 and any addenda thereto.
"User agreement"
means an agreement required
				by this chapter which is entered into between a provider and a warehouse
				operator licensed by the department pursuant to the provisions of Iowa Code
				chapter 203 C.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.3 - Types of Products to Be Warehoused

Current through Register Vol. 47, No. 3, July 24, 2024
Products to be warehoused shall be divided into two general
				types or classes as follows:
(1) Bulk
			 grain, which is grain that is not contained in sacks.
(2) Agricultural and farm consumable products
			 other than bulk grain. Such products include those suitable for storage in
			 quantity, canned agricultural products and products used in producing other
			 agricultural products.
This rule is intended to implement Iowa Code section 203
				C.1.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.4 - Application for a Warehouse Operator License

Current through Register Vol. 47, No. 3, July 24, 2024
Application to operate a licensed warehouse (Iowa Code chapter
				203 C) shall be made to the bureau on forms prescribed for that purpose by the
				bureau. Forms are available from the bureau upon request. All information
				required by Iowa Code section 203 C. 7 shall be furnished. The bureau may
				require the applicant to file updated information if the information on the
				application is no longer current. The application, insurance certificate,
				financial statement, tariff, license fee, indemnity fund fee and background
				information on a person applying for the license and on the managers shall be
				on file before a license is issued. The bureau chief may require an inspection
				of the proposed facilities prior to the issuance of a warehouse operator
				license.
This rule is intended to implement Iowa Code sections
				203C.6,
				203C.7,203C.
				12,203C. 15,203C.28, 203C.33, 203D.3 and 203D.3A.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.5 - Warehouse Operator License

Current through Register Vol. 47, No. 3, July 24, 2024
A warehouse operator license shall specify the type and
				quantity of products which may be stored in a licensed warehouse. Separate
				class licenses bearing the same number may be issued to the same business
				entity authorizing the storage of bulk grain under one license and the storage
				of products other than bulk grain under the other license (Class 2 warehouse).
				The separate licenses may be for the same facilities provided the warehouse or
				warehouses described in the application are suitable for the safe storage of
				the products intended to be stored.
(1)
Warehouse operator
			 license
-
nontransferable.
Warehouse operator licenses
			 are not transferable between different legal entities. Warehouse operator
			 licenses may be amended to cover a name change of the same legal entity. The
			 licensee shall give the bureau notice of a proposed name change. The bureau
			 shall confirm the name change with the secretary of state or other governmental
			 agency prior to amending the license.
(2)
Surrender of license.
The license shall be surrendered to the bureau immediately upon cancellation,
			 suspension, or revocation of such license.
This rule is intended to implement Iowa Code sections 203C.2,
				203C.7, 203C.9 and 203C.16.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.6 - Posting of License

Current through Register Vol. 47, No. 3, July 24, 2024
The warehouse operator license certificate, including the
				warehouse diagram, shall be posted at all times in a conspicuous location in
				the place of business. A license certificate shall be posted in each location
				where grain is delivered or weighed. Upon receipt of an amended license, the
				warehouse operator shall immediately post the amended license and remove the
				old license.
This rule is intended to implement Iowa Code section
				203C.34.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.7 - Renewal, Expiration and Reinstatement of License-payment of License Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Renewals.
The bureau shall send to each licensed warehouse
			 operator written notice that the application, the license fee and the indemnity
			 fund fee for annual renewal of the warehouse operator license shall be received
			 in accordance with Iowa Code section
			 203C.37.
			 If the bureau does not receive the application and fees by the due date, the
			 license shall expire. A license that has expired may be reinstated within 30
			 days of the date of expiration conditioned on the applicant's meeting all
			 statutory requirements and by the bureau's receipt of the following within 30
			 days of the expiration:
a. Cornpleted
			 application;
b. License and
			 indemnity fund fees; and
c. The
			 reinstatement fee prescribed in Iowa Code section
			 203C.33.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.8 - Financial Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New license applicants.
To obtain a warehouse operator
			 license, an applicant shall submit a financial statement that shall:
a. Be prepared within three months from the
			 date of filing and comply with 90.8(2), paragraph
"a "
or
"b ";
or
b. Be
			 prepared as of the applicant's usual fiscal year end and comply with 90.8(2),
			 paragraph
"a "
or
"b, "
and the applicant has
			 continuously been in business for one year or more, and the applicant has
			 submitted any additional financial information required by the bureau;
			 or
c. Be a forecasted financial
			 statement prepared by a certified public accountant licensed in this state, and
			 the applicant is a new business entity that is in the process of transferring
			 funds into the business entity. An applicant who files a forecasted financial
			 statement pursuant to this paragraph shall file a financial statement which
			 complies with 90.8(2), paragraph
"a "
or
"b, "
within one month after the date the license is issued by the bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.9 - Bonds and Irrevocable Letters of Credit

Current through Register Vol. 47, No. 3, July 24, 2024
Bonds filed with the bureau shall be on forms prescribed by the
				bureau. Irrevocable letters of credit filed with the bureau shall be on the
				form prescribed by the bureau. Bonds and irrevocable letters of credit shall be
				written so as to provide funds to protect depositors having storage in the
				warehouse as described in the particular license issued to a warehouse
				operator
(1)
Agricultural
			 products other than hulk grain.
The amount of bond or irrevocable
			 letter of credit to be filed in connection with the storage of agricultural and
			 farm consumable products other than bulk grain shall be determined in
			 accordance with the provisions of Iowa Code section 203C.I3. When the net worth
			 of a licensee is less than that required by Iowa Code section 203C.I3, the
			 licensee may increase the bond or file an irrevocable letter of credit with the
			 bureau to cover the net worth deficiency as provided by Iowa Code section
			 203C.I3.
(2)
Inadequate net
			 worth
-
storage of hulk grain.
When the net worth of a
			 licensee authorized to store bulk grain is less than that required by Iowa Code
			 section 203 C. 6, the licensee may file a bond or an irrevocable letter of
			 credit with the bureau to cover the net worth deficiency as provided by Iowa
			 Code section
			 203C.6.
(3)
Bond or irrevocahle letters of
			 credit as department may require.
In addition to the minimum amount as
			 provided by Iowa Code section 203 C. 13 and in addition to an amount to cover
			 the net worth deficiency as provided by Iowa Code section 203 C. 6, the bureau
			 chief may require a bond or an irrevocable letter of credit to be filed in an
			 amount determined by the department for any of the following reasons:
a. Quality deficiency in stored
			 grain;
b. Quantity deficiency in
			 stored grain;
c. Use of temporary
			 storage facilities or emergency storage by licensee; or
d. Documented evidence of the excessive use
			 of lost warehouse receipt release forms by the licensee.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.10 - Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
Each warehouse operator licensed by the department shall keep
				fully insured, for the current market value, against loss by fire, inherent
				explosion or windstorm, all agricultural products in storage in the warehouse
				and all agricultural products which have been deposited temporarily in the
				warehouse pending storage or for purposes other than storage. This insurance
				shall be carried in an insurance company or companies authorized to do business
				in this state and shall be provided by and carried in the name of the warehouse
				operator Each policy providing such coverage must have attached thereto an Iowa
				warehouse endorsement form as prescribed by the department. An insurance policy
				may include more than one location, and a location may be insured by more than
				one policy.
(1)
Certificate of
			 insurance.
As evidence that insurance coverage has been provided, the
			 licensee shall file with the department a certificate of insurance form as
			 prescribed by the department.
a. Not more
			 than one policy shall be included on one certificate of insurance.
b. Where one policy provides coverage for two
			 or more licenses or locations and coverage is provided separately at each
			 location, a separate certificate of insurance shall be executed for each
			 license or location shown on the policy. Each certificate shall show the total
			 amount of insurance provided by the policy for the license or locations for
			 which the certificate is provided.
c. Where one policy provides coverage for two
			 or more licenses or locations and coverage is provided on a blanket basis at
			 all locations, one certificate of insurance shall be executed for the policy.
			 The certificate shall show the amount of insurance provided by the
			 policy.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.11 - Notice to the Warehouse Bureau

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 licensee shall notify the bureau prior to:
a.
			 Change of ownership of a warehouse.
b. Change in name or business address of a
			 warehouse or warehouse operator
c.
			 The use of additional storage facilities which are not covered under the
			 warehouse operator license.
d. The
			 use of any facility under the warehouse operator license for storage of a
			 product other than that for which it is licensed.
e. The changing of the licensee's fiscal
			 year.
f. Using any bin or facility
			 which has had a structural change.
g. The ceasing of operations.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.12 - Issuance of Warehouse Receipts

Current through Register Vol. 47, No. 3, July 24, 2024
A warehouse receipt shall be issued no later than the close of
				the next business day following demand by the depositor or depositor's agent
				or, in absence of such demand, the warehouse receipt shall be issued within 12
				months from date of deposit in the warehouse, unless the warehouse operator is
				in possession of a signed and dated statement from the depositor that the
				depositor does not want a warehouse receipt to be issued. Such waiver shall
				apply only to grain deposited in the warehouse prior to the date of the
				waiver
(1)
Waiver.
The waiver shall contain a minimum of the following information:
a. Depositor's name.
b. Depositor's signature.
c. Date of deposit.
d. Date of depositor's signature.
e. Number of bushels.
f. Type of Cornmodity.
The waiver must be signed within 12 months of the first
				delivery of the grain under waiver If a depositor signs a statement that no
				warehouse receipt need be issued, such grain shall then be deemed as open
				storage and shall remain a warehouse obligation. A copy of this statement shall
				be maintained in the warehouse operator's records. The original (white)
				warehouse receipt shall be given to the depositor upon demand. The depositor's
				copy (green) shall be given to the depositor upon issuance of the warehouse
				receipt. The warehouse operator's copy (yellow) shall be maintained by the
				warehouse operator in a separate file in numerical order while the warehouse
				receipt is outstanding.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.14 - Lost or Destroyed Receipt

Current through Register Vol. 47, No. 3, July 24, 2024
If a warehouse receipt is lost or destroyed, one of three
				methods shall be used in canceling the receipt. The following procedures shall
				be adhered to:
(1)
Depositor's
			 lost warehouse receipt release.
If the depositor or warehouse receipt
			 holder has lost the receipt and is either selling all of the grain to the
			 warehouse operator or removing all of the grain from storage, a Lost Warehouse
			 Receipt Release shall be used. The release shall be Cornpleted in duplicate and
			 signed by the receipt holder and shall be notarized. Both copies shall be
			 retained in the warehouse records in lieu of the original copy of the receipt,
			 which shall be given to the bureau at the time of an examination. One copy of
			 the release shall be filed with the bureau at the time of an
			 examination.
(2)
Bond for
			 issuance of duplicate receipts.
If the depositor has lost a warehouse
			 receipt and needs a duplicate warehouse receipt, the depositor shall obtain a
			 bond made in favor of the warehouse operator in accordance with the provisions
			 of Iowa Code section
			 554.7601
			 (Uniform Cornmercial Code). This bond shall be in the amount of at least double
			 the market value of the Cornmodity at the time of posting the bond. A copy of
			 the bond shall also be filed with the bureau. Upon issuance of a duplicate
			 receipt, it shall be marked "Duplicate of lost warehouse receipt No.____," in
			 the space provided under "Remarks," and the lost warehouse receipt number shall
			 be inserted in that space. The bond shall be in the warehouse operator's
			 possession prior to the issuance of a duplicate receipt.
(3)
Licensee's lost warehouse receipt
			 affidavit.
If a warehouse receipt has been lost or destroyed by the
			 warehouse operator, the warehouse operator shall prepare an affidavit in
			 duplicate, signed before a notary public, stating that the warehouse receipt
			 was lost or destroyed on or about (date). The affidavit shall also state that
			 after a diligent search was made, the warehouse receipt cannot be found and
			 that no obligation is due any person under that warehouse receipt. The
			 affidavit shall further state that if the lost receipt is foimd, it shall be
			 forwarded immediately to the bureau for cancellation. If a depositor's name is
			 on record under the warehouse receipt, the bureau may require that the
			 warehouse operator also obtain a written statement from the depositor that
			 confirms that the depositor has been paid for the grain or the depositor has
			 received the grain back and that the depositor has no further claim against
			 said receipt. The affidavits shall be held in lieu of the original copy of the
			 warehouse receipt. The original copy shall be given to the bureau at the time
			 of an examination. This rule is intended to implement Iowa Code section
			 203C.19.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.17 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
A warehouse operator shall maintain Cornplete and sufficient
				records to show all deposits, purchases, sales, storage obligations and
				loadouts of the warehouse.
(1)
Maintaining warehouse receipts.
Unused warehouse receipts
			 shall be maintained in numerical order. The warehouse operator's copy (yellow)
			 of outstanding warehouse receipts and the original copy (white) of warehouse
			 receipts canceled since the previous examination shall be maintained in
			 separate numerical sequences.
(2)
Daily position record.
The daily position record shall
			 summarize one month's activity in a format approved by the bureau. The daily
			 position record shall indicate at least the increases and decreases and ending
			 balances on a daily basis for total stocks, open storage, warehouse-receipted,
			 unpaid Cornpany-owned, and paid Cornpany-owned, and shall indicated the ending
			 balance of total Cornpany-owned. The daily position record shall reflect the
			 obligations in the appropriate columns. A separate daily position record shall
			 be maintained:
a. For each kind and class of
			 grain; and
b. For each type of
			 Cornmodity that is identity-preserved in licensed facilities.
All daily entries to the daily position record shall reflect
				transactions made through that day's close of business unless another time of
				day is elected by the licensee and applied by the licensee on a consistent
				basis.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.18 - Adjustment of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Adjustment of inventory for operational shrink.
The department
			 may require a licensee to take an operational shrink not to exceed one-half of
			 one percent on grain received on a monthly basis.
(2)
Other inventory
			 adjustments.
Any reduction of record obligation shall be justified.
			 Any increase in adjustments of record obligation shall be made only upon
			 department approval or request. An upward adjustment may be made to the records
			 at any time that a total weigh-up for a particular kind of grain is made and
			 all records of the weigh-up have been maintained for verification. The licensee
			 may make upward adjustments for rail and barge shipments based upon actual
			 unloaded weights when the origin weights were estimated. Outbound truck
			 shipments must be weighed on the licensee's scale if one is available. A
			 warehouse operator may voluntarily adjust the records at the time of
			 examination when the measured inventory exceeds the record obligation in an
			 amount in excess of 1½ percent. All adjustments shall be readily
			 identifiable in the daily position record. Unless the delivered weight is
			 adjusted for and reflects dry bushels, all adjustments for moisture shall be
			 shown in the records. A computer-generated scale ticket listing that shows
			 gross weights and net weights will satisfy the requirements of this rule.
This rule is intended to implement Iowa Code section
				203C.2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.19 - Shrinkage Due to Moisture

Current through Register Vol. 47, No. 3, July 24, 2024
A person who, in connection with the receipt of grain for
				storage, processing, or sale, adjusts the scale weight of the grain to
				Cornpensate for the moisture content of the grain; or to Cornpensate for losses
				to be incurred during the handling, processing, or storage of grain shall do so
				in accordance with provisions of Iowa Code section
				203C.25.
				This rule is intended to implement Iowa Code section
				203C.25.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.20 - Monthly Grain Statements

Current through Register Vol. 47, No. 3, July 24, 2024
A grain statement shall be prepared at the close of business at
				the end of each calendar month and filed with the bureau by the tenth of the
				following month. This grain statement shall be on a form or in a format
				prescribed by the bureau. The bureau shall furnish forms to the warehouse
				operator upon request. A grain statement shall be filed for each calendar month
				regardless of whether or not the warehouse operator has products in
				storage.
This rule is intended to implement Iowa Code section
				203C.2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.21 - Grain Stored in Another Warehouse

Current through Register Vol. 47, No. 3, July 24, 2024
Upon approval by the bureau, a warehouse operator may store
				grain in another licensed warehouse in accordance with Iowa Code section
				203C.39
				as amended by 2012 Iowa Acts, Senate File 2311, section 116.
(1)
Decision criteria.
The
			 department shall consider the following in deciding to approve or deny a
			 warehouse operator's request to store grain in another licensed warehouse:
a. The other licensed warehouse is located in
			 Iowa and is either licensed by the department pursuant to Iowa Code chapter
			 203C or licensed pursuant to the United States Warehouse Act.
b. The other licensed warehouse is located in
			 another state and is licensed pursuant to the United States Warehouse
			 Act.
c. The other licensed
			 warehouse is located in another state and is licensed pursuant to that state's
			 statutes and that state's warehouse license provides all of the following:
(1) Financial requirements and examination
			 programs essentially equivalent to Iowa's;
(2) Insurance coverage equivalent to Iowa's;
			 and
(3) Indemnification, surety
			 bond coverage, letter of credit or other security satisfactory to the
			 department.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.22 - Warehouse Operator's Obligation and Storage

Current through Register Vol. 47, No. 3, July 24, 2024
A warehouse operator shall at all times maintain sufficient
				quality and quantity of stored products in the warehouse to cover the
				obligations as examination of the records shall indicate. If, at the time of an
				examination, a shortage is determined, a warehouse operator shall purchase and
				make actual payment in the manner approved by the bureau for a sufficient
				quantity and quality of the Cornmodity to fully cover the shortage by the end
				of the second business day after notice by the bureau, excluding weekends or
				holidays, unless the bureau chief receives within the same time period a
				confirmation from a surety Cornpany or financial institution for 100 percent
				bonding of the deficiency. Any shortage secured by 100 percent bonding within
				the allotted time period shall be covered in full within 30 days from the
				discovery of the shortage. A warehouse operator who does not have a sufficient
				quantity or quality of grain to satisfy the warehouse operator's obligation
				based on an examination by the department shall not purchase grain by
				credit-sale contract to correct the shortage of grain. The department may
				suspend the license of any licensee who has a shortage and who is unable to
				satisfy the requirements of this rule.
This rule is intended to implement Iowa Code sections
				203C.1 and 203C.
				17.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.23 - Storing of Products

Current through Register Vol. 47, No. 3, July 24, 2024
Bulk grain in storage shall be stored in such a manner that the
				amount of grain in the storage facility can be readily determined. A product
				other than bulk grain shall be stored in such a manner that it can be readily
				inspected and the amount and kind thereof determined. The maintenance,
				conditioning, care, or surveillance shall be given to stored products as is
				required to maintain the quality, grade, and safe storage of the products.
				Nothing shall be placed or stored in a licensed facility that will in any way
				contaminate the stored products or cause any degrading of grade or value.
				Storage facilities shall not be overfilled. There shall be sufficient overhead
				airspace to provide adequate ventilation and to allow the examiner to readily
				determine the quality and quantity of the grain. The bureau chief may require
				the installation of overhead ventilation fans in facilities when in the bureau
				chief's judgment such fans are needed to preserve the quality of stored
				products. The bureau chief may require the installation of aeration equipment
				in storage facilities when it is deemed necessary to preserve the quality of
				stored products.
(1)
Storage
			 of contaminating products or more than one type of agricultural
			 product.
Facilities may be licensed for both bulk grain and
			 agricultural products other than bulk grain; however, if products of a
			 contaminating nature are stored in the facility, the facility shall be removed
			 from the license for any other agricultural products. If more than one type of
			 an agricultural product is being stored in a facility, proper measures shall be
			 implemented to keep such products from intermingling.
(2)
Stored products in licensed
			 facilities.
All stored products shall be maintained in licensed
			 facilities.
This rule is intended to implement Iowa Code sections 203C.2,
				203C.8 and 203C.16.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.24 - Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
No facility shall be considered suitable for the storage of
				bulk grain unless the warehouse has the necessary equipment such as grain leg,
				portable augers or vacuvators for handling, receiving, and loading out of
				grain.
(1)
No connection
			 between facilities.
No unlicensed facility shall be connected to a
			 licensed facility unless prior approval is obtained from the bureau.
(2)
Scale required.
All
			 licensees shall have an approved scale for inbound deliveries made by
			 depositors.
This rule is intended to implement Iowa Code sections 203C.2
				and 203C.8.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.26 - Temporary Grain Storage Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
A temporary grain storage facility may, in the discretion of
				the department, be approved and licensed on the following bases:
(1)
License period.
A
			 license for a temporary storage facility may be issued at any time but shall be
			 effective for the storage of grain only from August 1 to May 1 of the following
			 year A temporary storage facility license shall expire each May 1 unless the
			 licensee requests and obtains an extension in accordance with subrule
			 90.26(2).
(2)
Extensions.
An extension of 90 days may be granted if all of
			 the following requirements are satisfied:
a.
			 The licensee has requested an original extension or an additional extension no
			 later than 45 days prior to the expiration of the licensing period or extension
			 then in effect.
b. The bureau has
			 Cornpleted an examination of the licensee's temporary storage
			 facility.
c. The licensee has paid
			 the bureau for the cost of the examination of its temporary storage facility.
			 The payment shall include the labor cost, the equipment cost, the sampling cost
			 and any additional costs incurred by the bureau in examining a licensee's
			 temporary storage facilities. Payment shall be made and received by the bureau
			 before any extension may be granted.
d. Every temporary storage facility for which
			 the department has granted an extension shall continue to meet all of the other
			 requirements of rule 90.26(203C). Before an extension is granted, the bureau
			 chief may require the filing of a bond or irrevocable letter of credit in an
			 amount to be determined by the department.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.27 - Emergency Ground Pile Storage Space

Current through Register Vol. 47, No. 3, July 24, 2024
Emergency ground pile storage space may, in the discretion of
				the department, be approved and licensed for the storage of corn on the
				following bases:
(1)
License
			 period. A
license for emergency ground pile storage space shall be
			 effective from August 1 to January 31 of the following year
(2)
Expiration.
The
			 warehouse operator shall either purchase the grain stored in the emergency
			 ground pile storage space or remove the corn from the emergency ground pile
			 storage space prior to Febmary 1. Any corn remaining in such space after this
			 date will not be included in grain inventory measurements made by the
			 department, and such corn may not be used to cover storage
			 obligations.
(3)
Bonding.
Before any corn can be placed in licensed emergency
			 ground pile storage space, the department shall receive either an irrevocable
			 letter of credit or a surety bond in the amount of $2 for each bushel to be
			 placed in emergency ground pile storage space. The irrevocable letter of credit
			 or surety bond will expire on April 1. The issuer shall not cancel the
			 irrevocable letter of credit or surety bond filed with the department under
			 this mle on less than 45 days' notice by certified mail to the department and
			 to the licensee. When the department receives notice from an issuer that the
			 issuer has canceled the irrevocable letter of credit or surety bond, and the
			 letter of credit or surety bond is still needed, the department shall
			 automatically suspend the license if the department does not receive a
			 replacement irrevocable letter of credit or surety bond within 30 days of the
			 issuance of the notice of cancellation. If a replacement irrevocable letter of
			 credit or surety bond is not filed within 10 days following the suspension, the
			 department shall automatically revoke the warehouse operator's
			 license.
(4)
Specifications
			 for emergency ground pile storage.
All emergency ground pile storage
			 space shall have an asphalt base, concrete base, or a Cornpacted limestone base
			 which meets the following minimum specifications:
a. Base shall be of a depth and Cornpaction
			 to permit tmcks or other equipment used in loading or unloading the pad to move
			 around over the base without breaking through or unduly scuffing the
			 surface.
b. Depth of limestone top
			 shall be not less than four inches.
c. Adequate slope and drainage away from the
			 base shall be provided to prevent any water from standing or backing up under
			 the grain.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.28 - Polyetbylene (polyvinyl) Bag Storage Space

Current through Register Vol. 47, No. 3, July 24, 2024
Polyvinyl bag storage space may, in the discretion of the
				department, be approved and licensed for the storage of corn on the following
				bases:
(1)
License
			 period.
A license for polyvinyl bag storage space shall be effective
			 from August 1 to May 1 of the following year. A polyvinyl bag storage space
			 license shall expire each May 1 unless the licensee requests and obtains an
			 extension in accordance with subrule 90.28(2).
(2)
Extensions.
An extension
			 of 90 days may be granted if all of the following requirements are satisfied:
a. The licensee has requested an original
			 extension or an additional extension no later than 45 days prior to the
			 expiration of the licensing period or extension then in effect.
b. The bureau has Cornpleted an examination
			 of the licensee's polyvinyl bag storage space.
c. The licensee has paid the bureau for the
			 cost of the examination of the licensee's polyvinyl bag storage space. The
			 payment shall include the equipment cost, sampling cost, labor cost and any
			 additional costs incurred by the bureau in examining a licensee's polyvinyl bag
			 storage space. Payment shall be made and received by the bureau before any
			 extension may be granted.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.29 - Prioritization of Inspections of Warehouse Operators

Current through Register Vol. 47, No. 3, July 24, 2024
Warehouse operators with a probability of failure factor
				greater than 40 percent, as calculated by the statistical model, shall be
				examined at least twice in a 12-month period.
This rule is intended to implement Iowa Code sections
				203C.2
				and
				203C.40.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.30 - Department of Agriculture and Land Stewardship Enforcement Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The bureau shall follow a step-by-step enforcement policy to
				ensure consistent Cornpliance with and application of this chapter The
				department recognizes that violations of certain rules may have more serious
				ramifications; thus, the enforcement of those rules requires stricter policies.
				The enforcement policies apply to any violation of this chapter unless
				enforcement provisions are specifically addressed in a particular rule or
				subrule.
(1) If it is necessary to
			 establish proof of a violation of statute or rule, the bureau shall conduct a
			 special investigation of the licensee. The bureau may contact the warehouse
			 operator, the warehouse operator's employees, or any other interested party to
			 gain information for its investigation. The bureau, in its investigation of a
			 licensee, may cause a special examination to occur if evidence of at least one
			 of the following conditions is present:
a.
			 Insufficient funds check or failed electronic funds transfer
b. Stalled payment for grain.
c. Quantity deficiency.
d. Quality deficiency.
e. InCornplete or inaccurate records as
			 specified in rule 90.17(203 C).
The expense of such special examination shall be based on
				actual costs incurred by the bureau and may be assessed to the licensee. The
				costs shall include the labor, equipment, sampling and any additional costs
				incurred by the bureau. Payment shall be made as directed by the bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 90 - State Licensed Warehouses and Warehouse Operators › Rule 21-90.31 - Review Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
A warehouse operator or applicant may file a formal written
				Cornplaint with the department if the warehouse operator or applicant contests
				any finding or decision of the bureau chief. Any such Cornplaints shall be
				resolved in contested case proceedings conducted pursuant to the applicable
				provisions of 21-Chapter 2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.1 - Application of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are subject to such changes and modifications as
				the department of agriculture and land stewardship may from time to time deem
				advisable. These rules are subject to such waivers as may be considered just
				and reasonable in individual cases, subject to the provisions of 21-Chapter
				8.
This rule is intended to implement Iowa Code section
				203.2.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For this chapter, the following definitions apply:
"Bureau "
means the grain warehouse bureau of
				the department of agriculture and land stewardship.
"Department"
means the Iowa department of
				agriculture and land stewardship.
"Generally accepted accounting principles"
means accounting principles generally accepted in the United States of America,
				in accordance with the U.S. Financial Accounting Standards Board, or
				international financial reporting standards, in accordance with the
				International Accounting Standards Board.
"Indemnity fund"
means the Iowa grain
				depositors and sellers indemnity fund created in Iowa Code chapter 203D.
"Licensee "
means a licensed grain
				dealer
"Person "
means the same as defined in Iowa
				Code section
				4.1.
"Provider "
means a person approved by the
				department to maintain a secure electronic central filing system of electronic
				grain contract records.
"Provider agreement"
means an agreement
				regarding electronic grain contracts which is entered into between the
				department and a provider
"Received"
means the earliest of the
				following:
1. The date a state
			 warehouse examiner acknowledges receipt.
2. The date stamped "received" in the grain
			 warehouse bureau.
3. The date
			 postmarked, if the item is properly addressed, to the Grain Warehouse Bureau,
			 Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace Building,
			 Des Moines, Iowa 50319.
"USDA "
means the United States Department of
				Agriculture and its divisions and agencies, including, but not limited to, the
				Farm Service Agency.
"USDA Provider Agreement"
means the agreement
				entered into between the USDA and a provider and which is printed on USDA Form
				WA-490 and any addenda thereto.
"User agreement"
means an agreement regarding
				electronic grain contracts which is entered into between a provider and a
				licensee.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.3 - Application for a Grain Dealer License

Current through Register Vol. 47, No. 3, July 24, 2024
Application for a grain dealer license (Iowa Code chapter 203)
				shall be made to the bureau on forms prescribed for that purpose by the bureau.
				Forms are available from the bureau upon request. All information required by
				Iowa Code chapter 203 shall be furnished. The bureau may require the applicant
				to file updated information if the information on the application is no longer
				current. The application, financial statement, license fee, indemnity fund fee
				and background information on a person applying for a license and on the
				managers shall be on file before a license is issued.
This rule is intended to implement Iowa Code sections
				203.3,
				203.5,
				203D.3
				and 203D.3A.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.4 - Grain Dealer License Not Transferable

Current through Register Vol. 47, No. 3, July 24, 2024
A grain dealer license is not transferable between different
				legal entities. A grain dealer license may be amended to cover a name change of
				the same legal entity. The licensee shall give the bureau notice of a proposed
				name change. The bureau shall confirm the name change with the secretary of
				state or other governmental agency prior to amending the license.
This rule is intended to implement Iowa Code section
				203.7.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.5 - Posting of License

Current through Register Vol. 47, No. 3, July 24, 2024
The grain dealer license certificate shall be posted at all
				times in a conspicuous location in the office or place of business of the grain
				dealer A license certificate shall be posted in each location where grain is
				purchased or delivered.
This rule is intended to implement Iowa Code section
				203.7.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.6 - Surrender of License

Current through Register Vol. 47, No. 3, July 24, 2024
The grain dealer license and all unused credit-sale contracts
				shall be forwarded to the bureau immediately upon cancellation, suspension, or
				revocation of such license. A grain dealer's letter requesting cancellation of
				the grain dealer license shall also state whether or not there are any impaid
				obligations.
This rule is intended to implement Iowa Code sections
				203.2,
				203.3
				and
				203.7.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 91 - Licensed Grain Dealers › Rule 21-91.7 - Renewal, Expiration and Reinstatement of License-payment of License and Indemnity Fund Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Renewals.
The bureau shall send to each licensed grain dealer
			 written notice that the application, the license fee and the indemnity fund fee
			 for annual renewal of the grain dealer license shall be received in accordance
			 with Iowa Code section
			 203.5. If the bureau does
			 not receive the application and fees by the due date, the license shall expire.
			 A license that has expired may be reinstated within 30 days of the date of
			 expiration conditioned on the applicant's meeting all statutory requirements
			 and the bureau's receipt of the following within 30 days of the expiration:
a. Cornpleted application;
b. License and indemnity fund fees;
			 and
c. The reinstatement fee
			 prescribed in Iowa Code section
			 203.6.