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Title XXVI TRADE AND COMMERCE

Chapter 411

previous next Effective - 02 Apr 1997, see footnotebottom

  411.518.  Scale tickets — required, contents, constitute nonnegotiable receipts, evidence of holder's claim to grain — custom weighing defined. — 1.  A scale ticket, or other document approved by the director, shall be made out and filed for each movement of grain in or out of any grain warehouse licensed or required to be licensed under the provisions of this chapter.  All scale tickets shall be printed with the business name and location and consecutively numbered.  They must be issued in consecutive order.  A copy of all scale tickets shall be kept on file in numerical order in the warehouseman's office.  All other source documents for movement of grain in or out of the facility shall be in a form approved by the director and kept and maintained in a manner approved by the director.  Any scale ticket used in pricing grain for the purpose of sale to the warehouseman shall have the price shown on all copies of the ticket.

  2.  A scale ticket issued in accordance with the provisions of this chapter or regulations promulgated hereunder shall be considered a form of nonnegotiable receipt.  This form of nonnegotiable receipt shall be deemed a document of title.  The warehouseman's failure to complete all entries on a scale ticket as required by this chapter and the rules promulgated pursuant to this chapter shall constitute a violation on the part of the warehouseman, but shall not preclude or restrict a depositor's right to recover stored grain under the provisions of this chapter.  The scale ticket shall constitute prima facie evidence of the holder's claim to the grain regardless of the degree of compliance with this chapter with respect to completion of the entries required by this chapter.

  3.  All scale tickets, or other approved documents, issued shall contain the following information:

  (1)  Customer name;

  (2)  Date issued;

  (3)  Type of grain;

  (4)  Quantity of grain;

  (5)  Notation to show whether the grain movement was IN or OUT;

  (6)  If movement was IN, whether the grain received was for storage, purchased by the warehouseman, or other specified purpose; and

  (7)  If received for purchase by the warehouseman, the price shall be stated on all copies.

  4.  As used in this section, "custom weighing" shall mean the weighing of products or articles for the sole purpose of ascertaining weight and the weighing of these products and articles is not for the purpose of a sale or purchase by the warehouseman in the usual course of his business transactions.  Any scale ticket used for the purpose of custom weighing must be clearly and conspicuously designated as a custom weight ticket.  The director may promulgate regulations pertaining to the form and usage of custom weighing tickets.

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(L. 1977 S.B. 75 § 13, A.L. 1980 S.B. 601, A.L. 1981 S.B. 366, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)

Effective 4-02-97


---- end of effective   02 Apr 1997 ----

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