reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.07

Current through June 25, 2024
Any corporate surety licensed to do business in this
						state which acts or intends to act as a surety on an undertaking required by
						the Act shall maintain at all times on file with the Commissioner a correct
						statement appointing and authorizing an individual to act as such corporate
						surety's attorney-in-fact and to execute on behalf of and to bind such
						corporate surety bonds filed under this Act. Only one such appointment and
						authorization shall be required for each corporate surety and that shall relate
						to and be effective with respect to all bonds signed by such attorney-in-fact
						on behalf of the corporate surety. The power-of-attorney granted such
						attorney-in-fact may be modified or terminated only upon ten (10) days prior
						notice to the Commissioner.
Miss. Code Ann.
						§§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Insurance › Section 2-1-2-10-105.01

Current through June 25, 2024
Each applicant for a warehouse license shall, as a
						condition to the granting thereof, file or have on file a current and effective
						certificate of insurance evidencing a current and effective policy of insurance
						issued by an insurance company authorized to do business in this state insuring
						in the name of the applicant all commodities which are or may be in such
						warehouse for their full market value against loss by fire, inherent explosion,
						lightning and windstorm.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Insurance › Section 2-1-2-10-105.02

Current through June 25, 2024
In the event that fire, inherent explosion, lightning or
						windstorm destroys or damages any commodities in a licensed warehouse, the
						warehouseman shall, upon demand by the depositor and upon being presented with
						the receipt, ticket or other evidence of ownership, make settlement, after
						deducting the warehouseman's charges and advances, at the market value of the
						commodity based on the value at the average price for the commodity of the same
						grade and quality on the date of the loss at the location of the warehouse. In
						the event such settlement is not made within sixty (60) days from the date of
						such demand, the depositor shall have the right to seek recovery from the
						insurance company.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Insurance › Section 2-1-2-10-105.03

Current through June 25, 2024
In the event of a dispute regarding (1) the date of loss
						or (2) the market value of the commodity, the parties to such dispute shall
						submit the issue or issues in dispute to the Commissioner or his designated
						representative who shall resolve such dispute after a hearing, provided that
						such hearing shall be an informal hearing unless otherwise requested by a party
						to the dispute.
Miss. Code Ann.
						§§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Cancellation of Bond/Insurance › Section 2-1-2-10-106.01

Current through June 25, 2024
No warehouseman may cancel an approved bond or approved
						insurance without the prior written approval of the Commissioner and his
						approval of substitute bond or insurance. The surety on a bond may cancel a
						bond required by the Act only after the expiration of thirty-five (35) days
						from the date the surety shall have been mailed to the Commissioner, by
						registered or certified mail, with return receipt, a notice of intent to cancel
						such bond. An insurance company may cancel insurance required by the Act only
						after the expiration of a thirty (30) day period from the mailing to the
						Commissioner, by registered or certified mail, with return receipt, of notice
						of intent to cancel such insurance. The surety and the insurance company shall,
						at the time of giving notice to the Commissioner, send a copy of such notice to
						any other governmental agency requesting it. Upon receipt of any such notice,
						the Commissioner shall promptly notify the affected
						warehouseman.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Cancellation of Bond/Insurance › Section 2-1-2-10-106.02

Current through June 25, 2024
Notwithstanding any other provisions of the Act, the
						license of a warehouse shall automatically be suspended for failure
1. to file a new bond within the thirty-five
					 (35) day period as provided in subsection 106.01 of this chapter, or
2. file new evidence of insurance within the
					 thirty (30) day period as provided in the Act, or
3. maintain at all times a bond and insurance
					 as provided in the Act. Such suspension shall continue as long as any such
					 failure exists.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Cancellation of Bond/Insurance › Section 2-1-2-10-106.03

Current through June 25, 2024
Not later than eighteen (18) days prior to the date upon
						which the bond cancellation becomes effective and not later than fifteen (15)
						days prior to the date upon which the insurance cancellation becomes effective,
						the warehouseman shall give written notice to the Commissioner that he has
						obtained a new bond or insurance coverage which will become effective and is to
						be in full force and effect on and after the date upon which his existing bond
						or insurance, as the case may be, is to be cancelled.
Miss. Code Ann.
						§§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.01

Current through June 25, 2024
Except as provided in additional regulations, the
						issuance of receipts by grain warehouses shall be governed by Section
						75-44-47
						through
						75-44-67
						of the Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.02

Current through June 25, 2024
The Commissioner shall prescribe the form of warehouse
						receipts to be used and no other character or form of receipt shall be issued
						except those so authorized. Warehousemen shall procure receipt forms by
						submitting their order, in lots of fifty (50) forms, to the Commissioner
						accompanied by a check or money order for the cost of printing, payable to the
						Mississippi Department of Agriculture and Commerce.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.03

Current through June 25, 2024
When several warehouses are operated by one grain
						warehouseman, each such warehouse will be numbered. This numerical designation
						will be on all receipts.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.04

Current through June 25, 2024
Receipts from only one receipt book will be issued for
						commodities stored, or received for storage, in any one warehouse. When all of
						the receipts of any one book have been issued, a new book will be substituted
						for it. No receipt will be issued from a book pertaining to one warehouse for
						commodities stored in another warehouse.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.05

Current through June 25, 2024
Receipts of each grain warehouse must be issued in
						numerical sequence and executed in at least quadruplicate. The first
						(original-negotiable) to the depositor, the second (copy-non-negotiable) to the
						depositor, the third (copy-non-negotiable) to the Mississippi Department of
						Agriculture and Commerce within seven (7) calendar days from date of receipt,
						and the fourth (copy-non-negotiable) to be retained in the receipt book and not
						to be removed therefrom.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.06

Current through June 25, 2024
If a warehouseman or manager of a grain warehouse omits
						any information from a receipt, for which a blank space is provided, he shall
						indicate by an "X" in such space that the information was intentionally
						omitted. However, this requirement shall not be interpreted as encouraging or
						approving the omission of any requisite information.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Warehouse Receipts › Section 2-1-2-10-107.07

Current through June 25, 2024
Each grain warehouse shall file with the Commissioner
						the name and specimen of signature of each person authorized to sign warehouse
						receipts for the grain warehouse. The use of facsimile signature stamps is
						prohibited on receipts. Any changes or additions to such authorization shall be
						immediately brought to the attention of the Commissioner by the grain
						warehouseman.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Scale Tickets › Section 2-1-2-10-108.01

Current through June 25, 2024
Upon the deposit in a licensed warehouse facility of any
						agricultural commodity, the warehouseman shall issue a scale ticket which
						conforms to the provisions of this regulation.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Scale Tickets › Section 2-1-2-10-108.02

Current through June 25, 2024
Each warehouseman shall have sequentially pre-numbered
						scale tickets which shall have an original and not less than one (1)
						copy.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Scale Tickets › Section 2-1-2-10-108.03

Current through June 25, 2024
Each scale ticket shall contain the following
						information:
1. The name and location
					 of the licensed warehouse facility where delivered.
2. The name and other information sufficient
					 to identify the owner of the grain.
3. The type, quantity, and grade or
					 applicable grade factors necessary to determine the net value of the grain
					 received.
4. The date the grain was
					 delivered.
5. One of the following,
					 as appropriate:
a. If the grain is to be
					 deposited for market, the phrase "MARKET or SALE."
b. If the grain is to be deposited for
					 storage, the phrase "STORAGE."
c.
					 If the grain is to be deposited for processing, the phrase
					 "PROCESSING."
d. If the grain is to
					 be deposited for contract, the phrase "CONTRACT."
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Scale Tickets › Section 2-1-2-10-108.04

Current through June 25, 2024
A current copy of the form of scale ticket used by the
						warehouseman shall be kept on file with the Commissioner.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Scale Tickets › Section 2-1-2-10-108.05

Current through June 25, 2024
A copy of all scale tickets shall be maintained in
						numerical sequence as part of the warehouseman's records.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Lost Receipts › Section 2-1-2-10-109.01

Current through June 25, 2024
In the case of lost or destroyed warehouse receipts, a
						new receipt upon the same terms, subject to the same conditions, and bearing on
						its face the number and the date of the receipt in lieu of which it is issued
						and a plain and conspicuous statement that it is a duplicate receipt issued in
						lieu of a lost or destroyed receipt, may be issued upon compliance with this
						regulation.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Lost Receipts › Section 2-1-2-10-109.02

Current through June 25, 2024
Before issuing such new or duplicate receipt the
						warehouseman shall require the depositor or other person applying therefor to
						make and file with him:
1. an
					 affidavit showing that the applicant is lawfully entitled to the possession of
					 the original receipt, that he has not negotiated or assigned it, how the
					 original receipt was lost or destroyed, and if lost, that diligent effort has
					 been made to find the receipt without success, and
2. a bond in an amount double the market
					 value, at the time the bond is given, of the grain represented by the lost or
					 destroyed receipt. Such bond shall be in a form approved for that purpose by
					 the Commissioner, shall be conditioned to indemnify the warehouseman against
					 any loss sustained by reason of the issuance of such receipt, and shall be
					 executed by the depositor as principal and by a corporate surety licensed to do
					 business in this state, as surety.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Lost Receipts › Section 2-1-2-10-109.03

Current through June 25, 2024
Upon receipt of such affidavit and bond, the
						warehouseman shall send copies thereof to the Commissioner.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Lost Receipts › Section 2-1-2-10-109.04

Current through June 25, 2024
The original affidavit and bond shall be retained by the
						warehouseman not fewer than five (5) years after the duplicate receipt is
						cancelled.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Issuing of Warehouse Receipts › Section 2-1-2-10-110.01

Current through June 25, 2024
Each lot of grain received in any warehouse for which
						there has not been a bona fide sale shall be considered as received for
						storage. Grain Bank grain is considered stored grain and there will be a
						non-negotiable warehouse receipt issued.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Issuing of Warehouse Receipts › Section 2-1-2-10-110.02

Current through June 25, 2024
A warehouseman shall issue a warehouse receipt only upon
						actual delivery of grain into storage. The receipt must be issued from the
						warehouse of storage, except as otherwise provided. The warehouseman shall not
						issue more than one receipt for the same lot of grain, except where partial
						receipts are desired. The total of the aggregate receipts of a particular lot
						shall be no greater than the total of the original lot unless additional grain
						is deposited. Should the depositor desire to consolidate several receipts into
						one, the warehouseman may issue a new consolidated receipt, but only after the
						original receipts have been cancelled.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Issuing of Warehouse Receipts › Section 2-1-2-10-110.03

Current through June 25, 2024
A warehouseman or his employee shall not issue, cause to
						be issued, or assist in issuing warehouse receipts for grain that has not been
						delivered to a warehouse or not under their control as otherwise provided in
						the statute or rules and regulations. The issuer of such a receipt and the
						receiver of such a receipt shall be subject to the penalty provision of the
						Act.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Transfer and Redeposit of Grain › Section 2-1-2-10-111.01

Current through June 25, 2024
Licensed warehousemen may transfer and redeposit grain
						in another licensed warehouse or a warehouse licensed by the U. S. Government.
						The warehouseman redepositing grain must increase his performance bond (surety
						bond) to cover the redeposited grain.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Transfer and Redeposit of Grain › Section 2-1-2-10-111.02

Current through June 25, 2024
If the warehouseman issues warehouse receipts to
						depositors for redeposited grain, the warehouseman shall stamp across the face
						of the warehouse receipt received for the redeposited grain "Non-negotiable"
						and stamp across the face of warehouse receipts issued to depositors of the
						redeposited grain this phrase, "Grain represented by this receipt has been
						redeposited."
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.01

Current through June 25, 2024
The holder of a warehouse receipt for grain in a
						warehouse may request the grain to be delivered to him. The grain must be
						delivered in the quantity and grade as designated on the warehouse receipt. The
						warehouse receipt holder, upon delivery of grain, must surrender the warehouse
						receipt properly endorsed and pay storage, warehouseman's liens, and any other
						charges.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.02

Current through June 25, 2024
The warehouseman shall take a sample of each lot or
						truckload of grain so delivered and shall grade it or have it graded by a
						licensed grain inspector or competent person. When grain is delivered from
						storage or sold to the warehouseman where stored, receipts must be cancelled,
						date cancelled, and shall be so marked across the face of
						receipts.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.03

Current through June 25, 2024
The settlement sheet non-negotiable warehouse receipt
						must indicate each transaction of grain delivered in lots from a grain bank.
						The depositor in a Grain Bank is entitled to grain of the same quality as the
						grain deposited, except as necessary to keep the grain in condition as required
						by the Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.04

Current through June 25, 2024
The depositor of grain in a Grain Bank shall pay upon
						delivery the storage, drying charges, and other liens for
						services.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.05

Current through June 25, 2024
If only a portion of the commodity represented by a
						receipt is delivered, the original receipt must be returned to the issuing
						warehouseman at or before the time of such delivery and must be cancelled as
						provided in this regulation. At the time of cancellation, a new receipt shall
						be issued covering the balance or undelivered portion of the commodity, which
						new receipt shall state in the remarks section that it represents grain which
						was previously evidenced by the original receipt and giving the number
						thereof.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Delivery of Grain and Cancellation of Warehouse Receipt › Section 2-1-2-10-112.06

Current through June 25, 2024
Receipts voided by the warehouseman for any reason shall
						be so marked, signed, and dated and all copies of the voided receipts shall be
						held in the same manner and for the same period as are cancelled
						receipts.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Grain Bank › Section 2-1-2-10-113.01

Current through June 25, 2024
Grain Deposited for Grain Bank purposes must be
						accounted for in a separate record on an approved non-negotiable warehouse
						receipt listing each lot of grain deposited and withdrawn showing a net
						balance.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Grain Bank › Section 2-1-2-10-113.02

Current through June 25, 2024
The warehouseman will furnish a statement to each
						depositor monthly or after each transaction indication the current balance.
						Grain Bank obligations will be determined by the total amount due depositors in
						bushels or pounds or both.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Surrender of Warehouse Receipts › Section 2-1-2-10-114

Current through June 25, 2024
When a license is revoked, cancelled, or has expired,
						and at the direction of the Commissioner, upon the suspension of a license, all
						unused receipts under such license shall be immediately surrendered to the
						Commissioner or the designated representative. Upon the revocation,
						cancellation, or expiration of a warehouse license and, at the direction of the
						Commissioner, upon the suspension of a license, all receipts which have been
						issued that are still outstanding shall immediately be recalled and, upon
						delivery of the commodity, such receipts shall be marked cancelled, signed and
						dated by the warehouseman who shall notify the Commissioner that such receipts
						have been recalled and cancelled.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Stored Grain › Section 2-1-2-10-115.01

Current through June 25, 2024
Every warehouseman shall maintain stored grain
						inventories of sufficient quantities, qualities, and grade to meet at all times
						his storage obligations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Stored Grain › Section 2-1-2-10-115.02

Current through June 25, 2024
Grain evidenced by outstanding and uncancelled 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 regulation each separate warehouse facility must maintain such
						an inventory for receipts issued by it at that location; thus the operation of
						two or more warehouses as a station shall not allow one warehouse facility to
						hold warehouse-receipted grain on behalf of another facility even though they
						constitute a single station.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Price Later contracts › Section 2-1-2-10-116.01

Current through June 25, 2024
"Price Later Contract," "Basis Contract," "Deferred
						Price Contract," "Delayed Price Contract," "Growers Option Contract" or similar
						agreement means a complete written contract and it constitutes a bona fide sale
						and a change in ownership when either the price for the grain or the formula
						for determining the price has been agreed upon and the contract obligation is
						either paid in full or carried as an account payable.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Price Later contracts › Section 2-1-2-10-116.02

Current through June 25, 2024
A "price later contract" shall be made out in duplicate
						on a form approved by the Department. One copy shall be given to the producer
						and the other copy kept for the warehouseman's files. A statement that the
						grain is not covered by the warehouse bond shall be printed on the contract
						directly above the place for the producer to sign. To validate the contract,
						both the producer and the warehouseman shall sign this agreement. This contract
						must be written and contain a clear agreement between the two parties involved
						as to how the price will be determined.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Out of Condition Grain › Section 2-1-2-10-117.01

Current through June 25, 2024
If any warehouseman considers that any portion of the
						commodities stored in his warehouse is out of condition, or is becoming so, he
						shall direct a grain inspector to examine the commodity in question. If the
						grain inspector finds such commodity to be out of condition or becoming so and
						he is of the opinion that by conditioning, the commodity can be brought back
						into condition, or that further deterioration can be prevented, such
						warehouseman shall immediately, in his warehouse to the extent to which it has
						equipment suitable for the purpose or, upon giving notice to the Commissioner
						in another warehouse so equipped to the extent to which his warehouse is not
						equipped with suitable equipment, subject the commodity to such
						conditioning.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Out of Condition Grain › Section 2-1-2-10-117.02

Current through June 25, 2024
Notice of out of condition grain.
1. If the warehouseman with the approval of
					 the grain inspection, shall determine that further deterioration of any
					 commodity cannot be prevented by reconditioning or after treating it in
					 accordance with subsection 117 of this chapter, it is still out of condition,
					 the warehouseman shall give immediate notice of that fact.
2. The notice shall state:
a. The warehouse in which the commodity is
					 stored,
b. The quantity, kind, and
					 grade, if determined, of the commodity at the time the notice is
					 given.
c. The actual condition of
					 the commodity as nearly as can be ascertained, and the reason, if known, for
					 such condition,
d. Either:
i. receipts or tickets relating to the kind
					 of commodity out of condition, other than sacked or specially binned
					 commodities, upon which the commodity will be delivered, giving the number and
					 date of each such receipt or ticket and the quantity, the kind and grade of the
					 commodity as stated on such receipts or tickets, or
ii. the outstanding receipts or tickets
					 relating to the kind of commodity out of condition, the identity of which was
					 to have been preserved, giving the number and date of each such receipt or
					 ticket and the designation of the bin, container, or location of such commodity
					 as stated thereon, and
e. That such commodity will be delivered upon
					 the return and cancellation of the receipts or ticket therefor.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Out of Condition Grain › Section 2-1-2-10-117.03

Current through June 25, 2024
Nothing contained in this regulation shall be construed
						as relieving the warehouseman from properly caring for any commodity and the
						warehouseman shall be liable and held accountable for his failure to do
						so.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Out of Condition Grain › Section 2-1-2-10-117.04

Current through June 25, 2024
If the commodity, advertised in accordance with the
						requirements of subsection 117.02 of this chapter has not been removed from
						storage by the depositor thereof or other arrangements made under the
						supervision of the Commissioner or his designated representative within ten
						(10) days from the date of notice of its being out of condition, the
						warehouseman in whose warehouse such commodity is stored may sell the same at
						public auction or as may be authorized by the Commissioner or his designated
						representative for the account of the depositor.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.01

Current through June 25, 2024
Each grain warehouse shall employ, during all regular
						business hours, a grain inspector who shall be responsible for the accuracy of
						weights and grades noted on all warehouse receipts.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.02

Current through June 25, 2024
All licensed grain storage facilities shall be
						maintained in such a manner as to be suitable for proper and safe storage of
						grain. Safe and adequate means of ingress and egress to the various storage
						bins and compartments of the warehouse shall be provided and maintained by the
						warehouseman. Storage bins and compartments having an entrance above ground on
						floor level shall be equipped with a fixed ladder or a safe and adequate lift.
						When equipped with a fixed ladder, such ladder shall have side rails and rungs;
						the rungs to be spaced not to exceed one foot centers. There shall be
						sufficient space between ladder rungs and face of the bin or compartment to
						permit safe foothold. Catwalks, walkways, lifts, and ladders shall be kept
						clean and free of grain and other foreign matter. Storage facilities failing to
						meet these standards will be brought to the attention of the warehouseman. It
						shall be his responsibility to immediately make the necessary corrections to
						bring his storage facility into compliance.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.03

Current through June 25, 2024
Each licensed warehouseman shall keep his warehouse
						reasonably clean at all times, free from rubbish, accumulation of dust and
						grain, or material that would increase fire hazards or interfere with proper
						handling and storage of grain.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.04

Current through June 25, 2024
Each warehouse shall be kept open for the purposes of
						receiving grain for storage and delivering out of storage every business day,
						except those warehouses which are open only for certain periods (example -
						harvest time). Every warehouseman shall post in a conspicuous place in his
						office and warehouse a notice stating the days of the week and the hours of
						each business day that he will remain open. Warehouses which are open only for
						certain periods shall have posted the name, address and telephone number of a
						responsible contact.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.05 - License; posting requirements

Current through June 25, 2024
1. There shall be
					 posted in a conspicuous place in the office of each warehouse the warehouse
					 license and schedule of storage rates. Before making any changes in the
					 schedule of rates, the warehouseman shall submit to the Department in writing
					 the proposed changes at least thirty (30) days in advance of such
					 change.
2. Each licensed warehouse
					 must have a permanent sign, not smaller than sixteen(16) inches high and
					 thirty-six (36) inches wide, posted at or near the main entrance to the
					 warehouse so as to be visible at such main entrance, which shall include the
					 following in letters or type not smaller than three (3) inches high:
a. The name under which the licensed
					 warehouse is operated.
b. The
					 following: "STATE BONDED WAREHOUSE"
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.06

Current through June 25, 2024
The operator of a warehouse shall keep all grain in his
						warehouse in condition by whatever means so deemed necessary to prevent the
						quality of such grain from deteriorating. When an operator discovers or is
						advised that grain in storage in his warehouse is out of condition, he shall
						immediately comply with the requirements of section 117 of this
						chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Duties of the Warehouseman › Section 2-1-2-10-118.07

Current through June 25, 2024
The warehouseman shall immediately give written notice
						to the Commissioner upon the occurrence of any of the following:
1. Loss or damage to stored grain or licensed
					 storage facilities.
2. The death or
					 legal incapacity of an individual or any member of a partnership operating a
					 licensed warehouse.
3. Change of
					 ownership of a licensed warehouse, including a change in the members of a
					 partnership, firm or association.
4. Change in shareholders or the relative
					 amount of stock held by stockholders where the licensee is a corporation with
					 twenty (20) or fewer share holders.
5. Change in name under which a licensed
					 warehouse is operated.
6. Any major
					 structural change to a bin or storage facility licensed for storage.
7. The termination of a lease on a licensed
					 warehouse, the destruction or removal of storage facilities, or the leasing of
					 such a facility to any other person.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Change of Management or Cessation of Operation › Section 2-1-2-10-119.01

Current through June 25, 2024
If upon the change of management, cessation of
						operations, change of partners in a partnership, change of corporate structure
						of a corporation, or sale, the Commissioner may suspend a warehouse license. It
						becomes the duty of every licensed warehouse receipts to immediately notify the
						Commissioner as to such change; and if directed by the Commissioner, to deliver
						his license and all unused warehouse receipts to the office of the Commissioner
						together with a notarized statement accounting for all receipts, and setting
						forth the arrangements made with depositors for final disposition of the grain
						in storage and for fulfilling the obligations of the retiring
						warehouseman.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Change of Management or Cessation of Operation › Section 2-1-2-10-119.02

Current through June 25, 2024
When there is a change of management or cessation of
						operations, the Commissioner, when deemed appropriate, may cause an audit and
						examination to be made. The cost of such audit or examination will be charged
						to the operator as provided for by the Law.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.01 - Records of Warehouse Receipts

Current through June 25, 2024
Every warehouseman shall maintain at his place of
						business a warehouse receipt register containing the duplicate copy of all
						issued receipts and a list thereof, each by consecutive number. Upon
						cancellation of a receipt, the original shall be retained in the warehouseman's
						files attached to its duplicate, and after cancellation neither the original
						nor the duplicate shall be removed from the files.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.02 - Records of Transaction

Current through June 25, 2024
1. The warehouseman
					 shall maintain at each licensed warehouse facility current and complete records
					 with respect to all agricultural commodities delivered to, withdrawn from, and
					 received, stored, or processed by, the warehouseman for each such licensed
					 warehouse facility. Such records shall include but not be limited to the
					 following:
a. A perpetual inventory showing
					 the total quantity of each kind and class of grain received and loaded out and
					 the quantity of each kind and class of grain remaining in the warehouse and the
					 total storage obligations for each kind and class of grain. This record shall
					 be kept current as of the close of each business day, provided that if no
					 transaction takes place during a business day a record showing the actual
					 status as to quantity and storage obligations as of the close of the next
					 preceding business day during which recordable transactions occurred shall be
					 deemed to be current.
b. A rail
					 and/or truck ledger.
c. Prenumbered
					 warehouse receipts.
d. Prenumbered
					 scale tickets.
e. Prenumbered grain
					 bank contracts.
f. A current copy
					 of the periodic insurance report submitted to the insurer.
g. If all issued warehouse receipts and scale
					 tickets do not recite the name and complete address of the owner or owners of
					 stored grain, a current and complete list of the name and complete address of
					 the owner or owners of said grain.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.03 - Financial Records

Current through June 25, 2024
1. In addition to
					 the records required by subsections 120.01 and 120.02 of this chapter, the
					 warehouseman shall maintain such adequate financial records as will clearly
					 reflect his current financial position and as will clearly support such
					 financial information as is required to be submitted to the Commissioner from
					 time to time. Such records shall be brought current not less often than once a
					 month, and shall include a general ledger or its equivalent which provides a
					 summarization of information reflected in detail in subsidiary
					 records.
2. Every warehouseman
					 shall also maintain the necessary journals to sustain the entries recorded in
					 the general ledger, which journals may include:
a. A general journal in which necessary
					 periodic adjusting entries are recorded;
b. A cash receipts journal wherein each cash
					 collection is recorded;
c. A cash
					 disbursements journal which details each disbursement on behalf of the
					 dealer;
d. Supporting documents and
					 other information.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.04

Current through June 25, 2024
Each contract, instrument, document or record which is
						to be prenumbered shall be used in numerical order.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.05

Current through June 25, 2024
All books, records, and accounts of warehousemen shall
						be kept and held available for inspection for a period of not less than five
						(5) years after the close of the period for which such book or record was
						required.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.06

Current through June 25, 2024
All of the books, records and accounts required by this
						regulation shall be kept separate and distinct from the books, records, and
						accounts held and maintained by the warehouseman in connection with any other
						business
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Records and Reporting › Section 2-1-2-10-120.07

Current through June 25, 2024
A warehouseman shall keep available for inspection all
						of his books, records and accounts required by these regulations and any other
						books, records and accounts relevant to his operation of warehouses as a
						warehouseman. An inspection may be performed by the Commissioner, his
						designated representative, or an auditor, and may take place at any time during
						the normal business hours of the warehouseman, or if prior notice of the
						inspection is given to the warehouseman, at such time as is prescribed in that
						notice.
Miss. Code Ann.
						§
												75-44-7.