Section § 1880

Explanation

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.

This chapter may be cited as the Private Bulk Grain Storage Law.

Section § 1880.1

Explanation

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.

As used in this chapter:
(a)CA Civil Law Code § 1880.1(a) “Grain” includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat.
(b)CA Civil Law Code § 1880.1(b) “Seller” means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated, or controlled by him.
(c)CA Civil Law Code § 1880.1(c) “Storage facilities” means any bin, building, elevator, protected enclosure, or other structure owned, operated, or controlled by the seller of the grain stored therein.
(d)CA Civil Law Code § 1880.1(d) “Private bulk storage” means the storage of grain in storage facilities after sale of such grain by a seller.
(e)CA Civil Law Code § 1880.1(e) “Buyer” means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer.
(f)CA Civil Law Code § 1880.1(f) “Bill of sale” means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain.

Section § 1880.2

Explanation

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.

The seller shall conspicuously mark on all storage facilities “private bulk storage only” and with a designating number on each such facility and such markings shall be maintained at all times during which grain remains in private bulk storage therein.

Section § 1880.3

Explanation

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.

Grain in private bulk storage facilities may be sold in conformity with this chapter by bill of sale without delivery and no provision of Section 3440 of this code or of any other law requiring delivery or actual and continued change of possession shall be applicable to grain so sold.

Section § 1880.4

Explanation

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.

Upon sale of grain which is to remain in private bulk storage the seller shall execute and deliver to the buyer a bill of sale which shall contain all of the following:
(a)CA Civil Law Code § 1880.4(a) The date and place where made.
(b)CA Civil Law Code § 1880.4(b) The names of the seller and the buyer.
(c)CA Civil Law Code § 1880.4(c) A statement of the estimated quantity and kind of grain.
(d)CA Civil Law Code § 1880.4(d) A statement of the location and designating numbers of the storage facilities in which the grain is stored.
(e)CA Civil Law Code § 1880.4(e) A statement of the price per unit and a statement of the amount received by the seller.

Section § 1880.5

Explanation

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.

The bill of sale may contain other provisions, including reference to or provision for any one or more of the following:
(a)CA Civil Law Code § 1880.5(a) Provision that the total price is based upon the estimated weight and that the total price may be adjusted in accordance with the outturn weight.
(b)CA Civil Law Code § 1880.5(b) A statement that the buyer may have free use of the designated storage facilities until a specified date and that any extension beyond the specified date granted by seller must be endorsed under the signature of seller on the bill of sale.
(c)CA Civil Law Code § 1880.5(c) A statement that seller has the legal right to extend to buyer the use of designated storage facilities.
(d)CA Civil Law Code § 1880.5(d) A statement that actual possession of the grain by the buyer is to be taken on board trucks at the storage facility, or on railroad cars, or in the storage facility, or as may be agreed upon.
(e)CA Civil Law Code § 1880.5(e) A statement that if actual possession be not taken within the time specified, due to any cause not chargeable to seller, the seller may consign the same at buyer’s risk and expense to a specified destination.

Section § 1880.6

Explanation

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.

Execution and delivery by a seller of a bill of sale shall pass seller’s title to the grain covered thereby to the buyer and such title passes to the assignees of the buyer upon further endorsement and delivery of the bill of sale.

Section § 1880.7

Explanation

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.

Upon the issuance of any such bill of sale, the seller shall immediately post upon the storage facilities containing the grain a notice in substantially the following form:
“Notice of Sale
On this ____ day of ____, 19__, grain in this storage facility numbered ____, estimated to be ____ bushels of ____ (designating the kind of grain) was transferred and sold as follows:
Name of Seller ____  Name of original Buyer ____
Address of Seller ____  Address of Buyer ____
Grain to be removed by buyer on or before ____, 19__,
(If date extended such fact and the date to which extended must appear on the notice).”
Such notice shall be maintained by seller in a conspicuous place upon the storage facility at all times during which the grain involved continues to be stored therein.

Section § 1880.8

Explanation

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.

No delivery shall be made of any portion of the grain so privately stored unless the bill of sale therefor is presented to the seller, or other person in charge of the storage facility, and the amount of grain so delivered plainly endorsed upon the bill of sale; but this provision shall not apply to any consignment of the grain by the seller to the buyer upon the expiration of the time for delivery specified in the bill of sale.

Section § 1880.9

Explanation

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.

The presentment of the bill of sale by the holder to seller shall be presumptive evidence that the person presenting it is entitled to delivery of the grain described therein unless the seller has knowledge of facts or circumstances sufficient to place him on notice that the possession of the instrument by such person is unlawful.

Section § 1881

Explanation
If you've bought grain that's stored in bulk and don't pick it up by the date agreed upon in your purchase agreement, the seller is allowed to keep storing it for you. You'll agree with the seller on the terms of this continued storage.
If any grain in private bulk storage is not removed or delivered on or before the original date of delivery specified in the bill of sale and in the notice of sale, it shall be lawful for the seller to continue to store such grain to the order of the buyer upon such terms as may be agreed upon.

Section § 1881.1

Explanation

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.

A seller who shall willfully fail to comply with the requirements of notice and posting as provided for in Section 1880.2 or in Section 1880.7 shall be guilty of a misdemeanor and punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both. No sale of grain shall be invalidated by reason of any lack or irregularity in connection with such notice or posting.

Section § 1881.2

Explanation

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.

The storage of grain pursuant to this chapter shall not constitute the depositary a warehouseman or storer of goods for hire and no storage facility shall be deemed to constitute a warehouse or public place of storage.