01.
Warehouse
Receipts -- Quality. A warehouseman licensed under Title 69, Chapter 2,
Idaho Code, shall maintain in the facility of issuance of any negotiable
warehouse receipt, for as long as the receipt is outstanding and has not been
canceled, like variety, quantity, and quality of the agricultural commodity
stated on the receipt. No warehouseman shall remove, deliver, direct or permit
any person to remove or deliver any agricultural commodity from any warehouse
for which warehouse receipts have been issued and are outstanding, without
receiving and canceling the warehouse receipt that was issued for the
commodity, except if the Director determines an emergency storage situation
exists. A warehouseman may then forward agricultural commodities to other
licensed warehouses for storage without canceling the outstanding warehouse
receipt, provided the following conditions are met: (3-15-22)
a. The warehouseman obtains written approval
from the Department prior to forwarding agricultural commodities.
(3-15-22)
b. The warehouseman
provides written guidelines to the Department establishing how he will be back
in position within the time limits set and granted by the Department.
(3-15-22)
c. The warehouseman
maintains and makes available to the Department records of positions concerning
the forwarding of agricultural commodities. (3-15-22)
d. The receiving warehouse is a state or
federally licensed and bonded warehouse or have a Commodity Credit Corporation
storage agreement. (3-15-22)
e. The
shipping warehouse has in its possession a statement signed by the bearer of
the warehouse receipt authorizing the shipment of agricultural commodities
represented by such receipt to another location for storage.
(3-15-22)
f. When requested to do
so by the Department, the shipping warehouseman shall promptly procure from the
receiving warehouseman a statement describing the quantity, class and grade of
all agricultural commodities so shipped and in storage on a form approved by
the Director. The shipping warehouseman shall have such forms promptly
forwarded to the receiving warehouseman for verification of quantity, class and
grade of agricultural commodities forwarded and return the verification to the
Department within fifteen (15) days of issuance. Failure to provide this
statement to the Department in the above specified time, will result in a short
position for the warehouseman with penalties as prescribed by law.
(3-15-22)
02.
Rights and Duties of Licensees -- Unlawful Practices. It is
unlawful for a warehouseman to: (3-15-22)
a.
Issue a warehouse receipt in excess of the amount of the agricultural commodity
held in the licensee's warehouse to cover such receipt. (3-15-22)
b. Sell, encumber, ship, transfer, remove or
permit to be sold encumbered, shipped, transferred or removed from a warehouse
any agricultural commodity received by him for deposit, shipment or handling
for which scale weight tickets have been issued without the written approval of
the holder of the scale weight ticket and such transfer shall be shown on the
individual depositor's account and the inventory records of the warehouseman.
(3-15-22)
c. Remove or permit any
person to remove any agricultural commodity from a warehouse when the amount of
any fairly representative grade or class of an agricultural commodity in the
warehouses of such licensee is reduced below the amount for which a warehouse
receipt or scale weight ticket for the particular agricultural commodity is
outstanding, except as provided for in Section
69-223(2), Idaho
Code, and Rule 180.01.
(3-15-22)
d. Issue a warehouse
receipt or scale weight ticket that exceeds the amount of agricultural
commodities delivered for storage. (3-15-22)
e. Issue a warehouse receipt showing a grade
or description different from the grade or description of the agricultural
commodities delivered and for which such warehouse receipt is issued.
(3-15-22)
f. Fail to deliver
agricultural commodities as required by Section
28-7-402, Idaho Code.
(3-15-22)
g. Knowingly accept for
storage any agricultural commodity destined for human consumption that has been
contaminated, if such agricultural commodities are commingled with any
uncontaminated agricultural commodity. (3-15-22)
h. Terminate storage of an agricultural
commodity in the warehouse without giving reasonable notice to the depositor as
provided in Section
28-7-206, Idaho Code.
(3-15-22)
i. Alter, falsify, or
withhold records from the warehouse examiner. (3-15-22)
