Code of Colorado Regulations
1200 - Department of Agriculture
1202 - Inspection and Consumer Services Division
8 CCR 1202-11 - ADMINISTRATION AND ENFORCEMENT OF THE COMMODITY HANDLER AND FARM PRODUCTS ACT, SECTIONS 35-36-101 THROUGH 314, C.R.S.
Part 6 - Requirements for Public Warehouse Operations-Facility Requirements, Storage Capacity and Emergency and Temporary Storage Requirements

6.1.1. The physical condition of the public warehouse is able to protect against weather conditions that may cause deterioration of the commodities stored therein;

6.1.2. The public warehouse possesses handling equipment that is in good working order and sufficient to transfer commodities safely into and out of the warehouse, and to otherwise maintain the quality of the commodity while in storage;

6.1.3. The public warehouse possesses scales that are of sufficient capacity to efficiently and accurately weigh commodities into and out of the warehouse; and

6.1.4. All areas of the public warehouse in which a commodity is stored can be safely measured during a Department examination. If any area of a public warehouse is unsafe to examine, only the area(s) the examiner can safely inspect will be included in the inventory of that examination.

6.2.1. Ensure all grain is stored in approved warehouse space;

6.2.2. Store all grain in a manner that permits easy access for inspecting, sampling, measuring and identification;

6.2.3. Allow for complete access to storage bins for inspection purposes by providing ladders and access to inspection doors and manways;

6.2.4. Securely affix clearly discernible numbers to identify grain bins and other authorized licensed storage areas. Temporary and emergency storage must be numbered in such a manner that clearly shows the approved space;

6.2.5. Maintain warehouse(s) in sound physical condition consistent with good warehousing practices; and

6.2.6. Keep the warehouse and the property on which it is located clean and safe at all times.

6.3.1. The licensed storage capacity of the public warehouse may be increased upon the Commissioner's written verification that the space to be added meets all necessary requirements. Prior to using any additional space, the warehouse operator, based on the increased capacity, must increase stock insurance and its surety bond to the amounts required pursuant to sections 35-36-204, C.R.S., and 35-36-216(1)(a), C.R.S.

6.3.2. The licensed storage capacity of the public warehouse may be decreased, or space deleted from a license. However, if the space is connected to other licensed space by grain transporting equipment, the Commissioner may consider the space as a single functional unit and require the space to remain licensed.

6.4.1. Prior to utilizing emergency or temporary space, a public warehouse operator must:

* Submit a written request to the Department for the use of the emergency or temporary storage, including the location and the total bushel amount to be stored;

* Operate the emergency and temporary storage space in conjunction with the licensed warehouse;

* Meet all bonding, net worth, financial assurance and insurance requirements;

* Provide access to the emergency and temporary storage space for examination purposes;

* Maintain separate inventory records of each commodity stored in emergency and temporary storage space, as well as accounting for such commodities in the Daily Position Report; and

* Provide notification to the Department of the date when all the commodities stored in temporary and emergency space have been removed.

6.4.2. A public warehouse operator requesting the use of temporary storage, including but not limited to grain storage bags, must:

* Use asphalt, concrete or other approved base materials;

* Use rigid self-supporting sidewalls;

* Provide adequate aeration;

* Provide acceptable covering or tarp;

* Provide written notification before reusing licensed temporary space for another crop year; and

* Pick up all grain in temporary storage by July 1. Additional time to pick up grain may be requested so long as the grain is in adequate condition.

6.4.3. A public warehouse operator requesting the use of emergency storage must pick up all grain in emergency storage by May 1. Additional time to pick up grain in emergency storage may be requested so long as the grain to be picked up is still in adequate condition.