Short title
This chapter shall be known by the short title of "Missouri Grain Warehouse Law".
Missouri · statute · Mo. Rev. Stat. ch. 411 · 89 active provisions
This chapter shall be known by the short title of "Missouri Grain Warehouse Law".
This chapter constitutes an exercise of state police and regulatory power for the purpose of protecting and enhancing grain production and marketing, and the agricultural economy of the state of Missouri. This chapter is deemed necessary to protect and to preserve the public health, welfare, peace and safety of the gen…
The provisions of the "Missouri Grain Warehouse Law" shall apply to all warehouses located within the state of Missouri.
1. The provisions of this chapter shall apply to the grain stored in or handled through a warehouse, or designated part thereof, as well to the operations of such warehouse whether or not any part of such grain is owned by the warehouseman. 2. The provisions of the uniform commercial code relating to warehouse receipts…
The following words, terms and phrases, when used in this chapter, except where the context clearly indicates a different meaning, shall mean: (1) "Authorized agent", any person who has the legal authority to act on behalf of, or for the benefit of, another person; (2) "Certified public accountant", any person licensed…
Agricultural commodities delivered to a warehouse or seed processor for the express purpose of processing or cleaning and holding such commodity and returning the cleaned or processed commodity to the original owner thereof or the owner's designee to be used as seed shall not be deemed to be grain for the purposes of t…
1. The department shall have the exclusive right to officially inspect and grade all grains for which standards have been established under the United States Grain Standards Act and certify the grades thereof at all places where inspection points of the department are established, except that the owner may direct that…
The director shall also execute a bond to the people of the state of Missouri in the penal sum of twenty thousand dollars, with corporate surety to be approved in the same manner as bonds of other appointed officers, conditioned that he will pay all damages to any person or persons who may be injured by reason of his n…
The director shall not, directly or indirectly, be interested in buying or selling grain, either on his own account or for others or in handling or storing grain as a public warehouseman or on private account, during his term of office; except that, he may sell, handle or store any grain produced in his own farming ope…
1. The director shall: (1) Supervise the handling, sampling, inspection, weighing and storage of grain in warehouses as required by this chapter; (2) Supervise protein or other chemical analysis of grain where laboratories are now or may hereafter be established; (3) Keep proper records of all sampling, inspection, wei…
No person shall be eligible to hold the office of chief inspector or inspector unless he has passed the examinations of the United States Secretary of Agriculture required for the issuing of a license to inspect and grade those grains designated by the director for which standards are provided under the provisions of a…
When requested, it shall be the duty of grain weighmasters appointed by the director, under the provisions of this chapter, to weigh or to supervise the actual weighing and certification of weights of all grain as provided for in this chapter, and the certificate of weight issued or caused to be issued by such weighmas…
Every licensed warehouseman desiring to issue unregistered negotiable or nonnegotiable warehouse receipts shall act as registrar, or designate an employee to act as registrar, to be responsible for issuing warehouse receipts and keeping all records in a manner as provided by the director. The warehouseman's signature o…
1. The director may appoint a suitable person to be assigned to each office where official inspection points are established. The person shall not be a member of a board of trade or grain exchange, and shall not be interested directly or indirectly in any warehouse, elevator or in grain merchandising. Each of the perso…
The Missouri department of agriculture is hereby authorized to conduct official grain inspection business outside the boundaries of the state of Missouri; provided that, such business: (1) Is conducted in a manner that is consistent with the provisions of this chapter concerning the providing of official grain inspecti…
The director shall have full power to fix the fees for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the provisions of this chapter, which fees shall be regulated in such manner as will, in the judgment of the direc…
1. There is hereby created in the state treasury the "Grain Inspection Fee Fund". All fees charged and collected for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the grain inspection and weighing services of the gr…
1. When official inspection, weighing, or supervising of actual weighing of grain is requested in this state whether into or out of state licensed warehouses or portions of warehouses so licensed for public storage operations, subject to the provisions of this chapter, or in cars, barges, wagons, trucks, or sacks at wa…
The certificates issued by the department shall be conclusive evidence to all parties interested of the facts stated therein and shall form the basis of settlement between buyers and sellers unless otherwise specified by contract; provided, the department shall have the right upon reinspection or otherwise to cancel an…
1. The director or his authorized representative may examine, audit and inspect every licensed grain warehouse, or persons whom the director has reasonable cause to believe should be licensed under this chapter, the business thereof, and the mode of conducting the same at such times as he may deem necessary; and the pr…
Operators of public terminal elevators, may, with the consent of the director, call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the director, before or at the completion of said reinspection and weighing, same may be cancelled and n…
1. No person shall: (1) Operate a warehouse for storage of grain; (2) Hold himself out as being in the grain storage business, or as offering storage facilities for grain; (3) Advertise for, solicit or accept grain for storage; (4) Carry on a grain bank operation, or receive and store grain for which a like quantity of…
1. Each person owning, operating, or desiring to own or operate a grain warehouse who is required to be licensed, shall apply for a license for each such warehouse he owns or operates. The application for a license shall be subscribed and sworn to under oath by the applicant or a duly authorized representative of the a…
Every warehouseman's original application for a public warehouse license must be accompanied by a fifty dollar application fee. Every applicant after approval shall pay an annual license fee based upon the capacity of the warehouse, or portion of the warehouse, the fee to be set by the director at a rate not to exceed…
If a public warehouseman licensed under this chapter desires to renew the license for an additional year, application for the renewal shall be made on a form prescribed by the director and shall be accompanied by a financial statement, as required by section 411.260, with such additional information or verification wit…