DepositPrivate Bulk Storage of Grain
Section § 1880
This law is officially known as the Private Bulk Grain Storage Law. It refers to the regulations surrounding the storage of large quantities of grain by private entities.
Section § 1880.1
This law explains terms related to the sale and storage of grain. It defines 'grain' as crops like barley, corn, and wheat. A 'seller' is someone who grows this grain and keeps it in their storage after selling it. 'Storage facilities' are any structures owned or managed by the seller to store the grain. 'Private bulk storage' refers to storing sold grain in these facilities. A 'buyer' is someone who purchases the grain and includes anyone who takes over the grain after the initial buyer. Lastly, a 'bill of sale' is a document that proves the grain has been transferred from one person to another.
Section § 1880.2
This law states that anyone selling grain and using storage facilities must clearly label them as 'private bulk storage only' and assign a unique number to each facility. These labels must be kept visible as long as the grain is stored there.
Section § 1880.3
This statute allows grain stored in private bulk facilities to be sold using a bill of sale without the need for physical delivery or change in possession. This means traditional laws requiring delivery do not apply to such grain sales.
Section § 1880.4
When selling grain that will stay in private storage, the seller must give the buyer a bill of sale. This document should include the date and place it was made, names of both the seller and buyer, an estimate of the type and amount of grain, details about where it is stored, and the price and amount paid.
Section § 1880.5
This law section describes what extra terms can be included in a bill of sale for grain. It explains that the price can be adjusted based on the actual weight of the grain. The seller can give the buyer free use of storage facilities until a certain date, but any extensions must be recorded by the seller. The seller needs the legal right to offer use of these facilities. The buyer should take possession of the grain at a specified location, like a storage facility or transport vehicle. If the buyer doesn't take possession on time, the seller can ship it to a destination at the buyer's cost and risk.
Section § 1880.6
This law states that when a seller officially hands over a bill of sale for grain to a buyer, the ownership of the grain is transferred to the buyer. If the buyer then signs and hands over the bill of sale to someone else, the ownership also transfers to that person.
Section § 1880.7
When a seller sells grain stored in a storage facility, they must immediately put up a notice that includes specific details about the sale. This notice should state the date, the quantity and type of grain sold, and need information about both the seller and buyer, including their names and addresses. It must also indicate when the buyer is expected to remove the grain. If the removal date is extended, that must be noted on the notice as well. This notice has to be placed somewhere easily visible at the storage location and kept there as long as the grain remains stored.
(If date extended such fact and the date to which extended must appear on the notice).”
Section § 1880.8
Before grain that is privately stored can be removed from storage, the buyer must show the seller the bill of sale. The seller or storage manager must note the amount of grain being taken on this bill. However, if the sale agreement had a deadline for delivery and that deadline has passed, this requirement doesn't apply.
Section § 1880.9
When someone shows a bill of sale for grain, it generally means they have the right to receive the grain from the seller. However, if the seller knows something fishy about the situation that should make them suspicious, they shouldn't just hand over the grain without checking things out further.
Section § 1881
Section § 1881.1
If a seller purposely ignores the rules about notifying and posting information as described in other sections, they could face up to six months in jail or a fine up to $1,000, or both. However, if there are mistakes or problems with the notice or posting, the sale of grain won't be canceled because of it.
Section § 1881.2
This law states that when grain is stored under this chapter, the person or facility storing the grain is not considered a professional warehouse operator or a public storage facility. This means they do not have the legal responsibilities or status of a typical warehouse.