 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Oregon |
|
USA Statutes : oregon
Title : TITLE 47 AGRICULTURAL MARKETING AND WAREHOUSING
Chapter : Chapter 587 Storage of Grain as Basis of Farm Credit
|
|
As used in this chapter, "department" means
the State Department of Agriculture. The purpose and object of this chapter
is to provide the owners of grain the means of warehousing or storing
their grain on farms, on or near railroad rights of way and other
suitable places under proper safeguards, as a basis of farm credit on the
grain so stored. The State
Department of Agriculture shall manage, control and direct the operations
of the provisions of this chapter and has full power to make effective
the provisions of this chapter and the rules and regulations which the
department prescribes to carry out the purposes and objects of this
chapter. In addition to the general
powers conferred by ORS 587.030 the State Department of Agriculture has
the following express powers:
(1) To appoint inspectors of grain.
(2) To make and promulgate the necessary or desirable rules and
regulations, not inconsistent with this chapter, to carry out effectually
the purposes of this chapter; the department may consider applicable and
necessary laws and regulations of the United States and this state,
particularly ORS chapter 586.
(3) To set up the necessary procedures to make effective the
provisions of this chapter, such as the purchase of supplies, printing,
stationery and equipment, and the appointing of clerical help and
assistance, all of which expense shall be audited and paid as a part of
the general expense of the administration of this chapter.
(4) To require the owner of grain to obtain and maintain insurance
in such type, amount and manner, including or covering such provisions or
contingencies as the department believes are reasonably necessary to
protect the people of this state, the grain industry and the persons who
handle grain certificates. [Amended by 1959 c.201 §1] Whenever 15 or more
farmers operating farms tributary to any market center petition the State
Department of Agriculture for services authorized by this chapter, the
department forthwith shall provide for the method of inspection and
certify all warehouse certificates for grain inspected. [Amended by 1959
c.201 §2]
Any owner of grain
desiring to store it shall make a written application to the State
Department of Agriculture indicating where the grain is stored, the kind
of structure in which stored and the encumbrance on the grain, if any.
The application shall be signed and sworn to by the applicant. Whenever
any grain is owned by more than one owner, the application shall be
signed by all having an interest in the grain. In case such grain is
mortgaged, the application for inspection shall be signed by the owner.
The department in its discretion may require the mortgagee, mortgagor or
any other person having an interest in the grain to sign applications or
other documents required in carrying out this chapter. [Amended by 1959
c.201 §3](1) When application is made to the State
Department of Agriculture for the inspection and sealing of grain,
whether upon the farm or on or near any railroad right of way, or other
suitable place, the department shall, as soon as it is possible so to do,
inspect the grain. If the grain and the structure in which it is stored
comply with this chapter and the regulations of the department, the
department shall:
(a) Obtain the number and description of the bags of grain or
measure and obtain the cubic feet content of the grain in the bin.
(b) Estimate the amount of grain in storage, sample the grain to
secure an average sample, so as to obtain a required amount of grain to
mix and divide into two samples.
(c) Number the bin and the samples to correspond, seal the bin with
a seal provided by the department and place on the structure a printed
copy of the penalty provided by ORS 587.990 (2) for the unlawful breaking
of the seal.
(d) Forward to its laboratory one of the samples obtained from the
bin, and obtain from the laboratory inspection certificates, in
triplicate, which shall be dated, numbered and shall designate the
owner's name, the number of the sample inspected, the kind of grain, and
if mixed, the percentage of each kind, the dockage and, upon request, the
moisture and protein content.
(2) As soon as inspection certificates are obtained, the department
shall issue negotiable warehouse certificates in triplicate, attaching to
each a copy of the inspection certificate. When approved by the
department the certificates are deemed to be issued by the proper
authority of the department. Any certificate issued for grain owned by
more than one person, or mortgaged, shall be issued in the name of such
persons, including the mortgagee.
(3) An authorized representative of the department may at any time
enter upon the premises where any grain is stored under this chapter for
the purpose of making an inspection thereof, and the acceptance of the
warehouse certificate by the owner is consent to such entry and
inspection. [Amended by 1959 c.201 §4]The form of the warehouse certificate issued under this
chapter shall be prepared and approved by the State Department of
Agriculture. Every certificate must embody within its written or printed
terms the following:
(1) The consecutive number of the certificate.
(2) The date of issuance of the certificate.
(3) A description of the structure in which the grain is stored and
the legal description of the premises where stored.
(4) A description of the grain, giving its grade, kind, variety,
dockage, the protein content and moisture content if requested, the
number of bags, if any, the amount thereof to be computed from the number
of bags or if in bulk the cubical measure thereof.
(5) The name of the owner or owners, whether ownership is sole,
joint or in trust, and the conditions of such ownership, as shown by the
application.
(6) A statement of any and all encumbrances upon the grain as
reported in the application.
(7) A statement that the grain will be delivered at elevator or
farm storage or on railroad after approved by the department; but it may
be sold on track, to arrive or to be consigned at the option of the owner
of the grain.
(8) The facsimile signature of the Director of Agriculture and the
countersignature of the authorized representative of the department.
(9) Notation of inspection fee. [Amended by 1959 c.201 §5]All warehouse certificates issued under this chapter shall be
in triplicate. The original shall be delivered to the owner, one copy
shall be retained by the State Department of Agriculture and the other
copy shall be filed in the office of the county clerk of the county in
which the grain is stored. Both copies of the certificate shall have
plainly printed and stamped across the face thereof "Duplicate–No Value."
[Amended by 1959 c.201 §6] The State Department of
Agriculture shall file in the office of the county clerk of the county
wherein the grain is stored a copy of the warehouse certificate. The
certificate shall be indexed under chattel mortgages. The filing fee
shall be paid by the department and charged to the general expense of the
administration of this chapter. The filing is notice that the grain
described therein is pledged to the redemption of an outstanding
negotiable warehouse certificate. [Amended by 1959 c.201 §7]The owner of grain stored under this chapter is
charged with the due care of the grain and shall exercise that degree of
care and diligence which an ordinary and prudent person would exercise
with regard to similar property of the person's own. The owner shall
also, upon demand of the holder of the certificate and with the approval
of the State Department of Agriculture, deliver the grain to the
marketplace indicated in the application without charge to the holder. No
legal demand for the delivery of the grain can be made, however, upon the
owner until the maturity of the obligation for which the certificate is
pledged, or until the security becomes in any way impaired; but the owner
of the grain in the discretion of the owner with the approval of the
department may sell the grain prior to the maturity of the obligation of
the owner under the certificate. [Amended by 1959 c.201 §8]
The locking up and sealing of any storage facility acceptable to the
State Department of Agriculture hereby is waived, if and when the
applicant has filed a warehouseman's bond, as a guaranty to the carrying
out of the provisions of this chapter. Such bond shall be passed on and
approved by the department.Whenever the amount of grain
certified to on the warehouse certificate has been computed by cubic
measurements or by number of bags, the amount shall be deemed to be prima
facie the amount of the grain, but the actual amount shall be determined
by the actual weight thereof. The owner, however, is responsible and
liable to the holder of the certificate, for the delivery of the amount
of grain indicated on the certificate by actual weight, or the value of
any shortage thereof.
The expenses of the
administration of this chapter shall be paid by the owners of the grain,
and the fee collected at the time of inspecting and sealing. The amount
so paid shall be stated in the certificate. The fee for the inspection
shall be established by the State Department of Agriculture on the basis
of a fee for each bushel of grain stored in an amount that will
reasonably reimburse the department for its costs in carrying out this
chapter. The department may also make a charge for travel, overtime or
other necessary expenses. All such fees shall be paid to the department
and deposited with the State Treasurer in the General Fund to the credit
of the Department of Agriculture Account and are continuously
appropriated to carrying out this chapter. [Amended by 1959 c.201 §9] (1) Any person who states in the application
provided for in ORS 587.090 any material fact known to be false and for
the purpose of misleading the State Department of Agriculture is guilty
of a misdemeanor.
(2) Any person who, with the intent to defraud, breaks the seal of
any structure in which grain is stored under this chapter is guilty of a
felony and, upon conviction, shall be punished by imprisonment for not
less than one nor more than two years. [Amended by 1959 c.201 §10]
|
|
|
|
