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Title XVII AGRICULTURE AND ANIMALS

 Chapter 276

previous next Effective - 02 Apr 1997, see footnotebottom

  276.516.  Dealers to issue scale tickets — contents — how filed — evidence of holder's claim for payment. — 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 facility owned or operated by a dealer 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 grain dealer'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 or other source document used in pricing grain for the purpose of sale to the grain dealer 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 grain dealer'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 grain dealer, but shall not preclude or restrict a seller's right to receive payment for grain sold.  The scale ticket or document issued in lieu of a scale ticket shall constitute prima facie evidence of the holder's claim for payment for 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 purchase by the grain dealer, or for other specified purpose; and

  (7)  If received for purchase by the grain dealer, the price shall be stated on all copies or supporting documents.

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(L. 1980 H.B. 1627 § 24, A.L. 1997 H.B. 211)

Effective 4-02-97


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

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