Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 8 - GRAIN WAREHOUSE RULES AND REGULATIONS › Section 291-8-001 - GENERAL

Current through June 17, 2024
001.01
DEFINITIONS
:
As used in Chapter 8 unless the context otherwise
				  requires:
001.01A
Approved
				Grain Moisture Measuring Device
: A device included on the list of
				Approved Grain Moisture Measuring Devices or if a new device, has a current
				National Type Evaluation Program Certificate at the time of purchase.
001.01B
Commission
:
				The Nebraska Public Service Commission.
001.01C
Delivery
:
				The voluntary transfer of possession from one person to another.
001.01D
Depositor, Storer and/or
				Owner
: Any person who has grain stored with a warehouseman.
				However, unless said person complies with these regulations, said person shall
				not have the protection or benefit of the public grain warehouse security.
				Owner does not include mortgagee or pledgee.
001.01E
Direct
				Delivery
: All grain that is bought, sold or transported in the
				name of the licensee other than grain that is received at the licensed
				warehouse facilities.
001.01F
Direct Delivery Obligation
: The obligation of a
				warehouseman/dealer to transfer title to warehouse owned grain to a producer
				via an in-store transfer upon the direct delivery. A direct delivery obligation
				is treated as a dealer obligation until such time as it is satisfied by an
				in-store transfer.
001.01G
Direct Delivery Ticket
: A ticket issued for grain upon
				direct delivery of grain in the name of the licensee that is not received or
				deposited into a public grain warehouse.
001.01H
End Intake Air
				Probe
: Any instrument which is used by any person for the
				collection of grain samples, for testing of grain offered for sale, processing,
				or storage by use of vacuum to collect the sample, excluding transfer of the
				taken sample.
001.01I
Grain
: The term shall include, but is not limited to,
				wheat, corn, oats, soybeans, barley, rye, flax, or sorghum which has not been
				processed or packaged for the purpose of distribution as seed, including edible
				beans, whole corn plant pellets, alfalfa pellets, millet, sunflower seed,
				safflower seed, and any other bulk pelleted agricultural storable commodity;
				provided that, as used in Section 004, all beans, whole corn plant pellets,
				alfalfa pellets, millet, safflower seed and any other bulk pelleted
				agricultural storable commodity will be grain whether or not processed or
				packaged for distribution as seed.
001.01J
Grain
				Dealer
: Any person, other than a
feeder
				or
custom feeder of livestock or poultry or a grain warehouse
				licensed under the Grain Warehouse Act or located in Nebraska and licensed
				under the United States Warehouse Act that does not buy, sell, or transport
				grain other than grain that is received at its licensed warehouse facilities,
				who (a) buys grain from
the
producer within this state
				for purposes of selling such grain, or (b) acts as an employee or agent of a
				buyer or seller for purposes of collective bargaining in the marketing of
				grain.
001.01K
Grain
				(Grain Bank)
: Grain which has been deposited with a licensee to be
				held for the account of the depositor, storer and/or owner, to be returned to
				the depositor, storer and/or owner, at a later date upon request, processed in
				some form in amounts to be determined by the depositor, storer and/or owner,
				usually in the form of processed feed and not intended for storage or sale to
				the licensee.
001.01L
Grain (Processed)
: Any grain in which the whole kernel
				has been physically altered by a process such as rolling, cracking, grinding,
				or extruding. This definition shall not include grain which has only been
				cleaned, graded, separated, and/or bagged.
001.01M
Grain in
				Storage
: Any grain which has been received at any public grain
				warehouse and to which title has not been transferred to the warehouseman by
				signed contract or priced scale ticket.
001.01N
Hand Trier
:
				A probe which does not use air flow as a means of obtaining a sample from a
				load of grain.
001.01O
Holder of a Receipt
: A person who has actual
				possession of a receipt and a right of property therein, and includes a person
				who has served written notice on the Nebraska Public Service Commission as
				provided in Subsection
				002.08D1.
001.01P
In-Store
				Transfer
: A method by which a warehouseman transfers title to
				warehouse owned grain to any person in satisfaction of a direct delivery
				obligation between the warehouseman/dealer and producer, and the grain remains
				in the warehouse.
001.01Q
Mechanical Probe
: A probe which uses air flow as a
				means of obtaining a sample from a load of grain.
001.01R
Nebraska State Board of
				Public Accountancy
: The licensing and regulatory board for
				certified public accountants and public accountants.
001.01S
Person
: The
				term includes, but is not limited to, a corporation, partnership, cooperative,
				association, limited liability company, or two or more persons having a joint
				or common interest.
001.01T
Post-Direct Delivery Storage Position
: A storage
				position acquired through an In-Store Transfer in satisfaction of a direct
				delivery obligation.
001.01U
Probe, Probing Device
: Any device used to obtain a
				sample from a load of grain.
001.01V
Public Grain Warehouse
				and/or Warehouse
: Any grain elevator building or receptacle in
				which grain is held for longer than ten (10) days and will include, but not be
				limited to, all buildings, elevators and warehouses, consisting of one or more
				warehouse sections within the confines of a city, township, county, or state,
				that are considered a single delivery point, with the capability to receive,
				load out, weigh, and store grain.
001.01W
Qualified Seller of
				Stored Grain
: Any person who, not more than five (5) business days
				prior to the date the Commission officially closes the warehouse, owned and,
				sold. grain stored, in the warehouse and had not received payment. from the
				warehouse licensee for such grain, but shall not include grain sold by signed
				contract or priced scale ticket.
001.01X
Receipt
: A
				warehouse receipt.
001.01Y
Receipt (Collateral)
: Any receipt issued in the name
				of the warehouseman for grain owned by the warehouseman, and pledged to a
				lender for the purpose of protecting the interests of the lender.
001.01Z
Receipt
				(Electronic)
: Any non-paper receipt issued by a licensed grain
				warehouseman under procedures adopted by the Commission for the electronic
				issuance of receipts.
001.01AA
Received
: Any grain that is physically deposited into
				a licensed public grain warehouse.
001.01BB
Registrar of
				Receipts
: The Grain Warehouse Director or named designee.
001.01CC
Scale
				Ticket
: A load slip or other evidence, other than a receipt, given
				to a depositor by a warehouseman licensed under the Grain Warehouse Act, upon
				the grain being received at a public grain warehouse.
001.01DD
Scale Ticket
				(Priced)
: A scale ticket, including the original and all copies,
				which is marked as sold or priced or for which the agreed sale price is
				indicated on the original and all copies of the scale ticket. The original
				scale ticket must be issued to the party making delivery in accordance with
				Neb. Rev. Stat. Section
				88-535
				(1994).
001.01EE
Standard Meter
: A moisture meter used by a Commission
				representative for comparative tests to determine accuracy of another meter.
001.01FF
Value
: Any consideration sufficient to support a
				simple contract.
001.01GG
Warehouseman
: Any person who:
001.01GG1 Receives grain for storage or
				stores or offers to store grain for legal consideration for another person in a
				warehouse where delivered; or,
001.01GG2 Receives grain for shipment to
				other points for storage, consignment, or resale either in or out of this
				state.