Current through Register Vol. 50, No. 9, September 20, 2024
A.
Temporary storage facilities may be approved by the commission on a case by
case basis. Temporary storage may only be operated in conjunction with an
existing, licensed warehouse and the capacity to be approved shall be
compatible with the warehouseman's operational and financial
capabilities.
B. A warehouseman who
desires to store commodities in temporary storage shall make written
application to the commission for approval of temporary storage prior to
placing any commodity in temporary storage. The warehouseman shall advise the
commission of his intent to use temporary storage, with an application
indicating location, construction, quantity to be stored and estimated time of
storage.
C. Application for
approval of temporary storage shall be made only after completion of the
temporary storage structure. All temporary storage structures approved by the
commission must comply with each of the following.
1. Rigid, self-supporting sidewalls shall be
used.
2. An asphalt or concrete
floor or other suitable hard surface shall be used to preserve the quality and
quantity of commodities.
3. Proper
covering shall be provided which shall preclude exposure of the commodities to
normal exposure of all weather conditions.
4. The space shall have necessary equipment
such as a leg, conveyers, portable augers, or vaculators for handling,
receiving, and loading out of the commodities. All storage units shall have
either empty storage space to turn and condition the commodities or be equipped
with proper ventilation such as air ducts and ventilation fans to keep the
commodities from going out of condition.
5. The space shall be immobile.
D. Any warehouseman approved to
use temporary storage must comply with all of the following:
1. meet inspection, security, net worth and
insurance requirements required for a conventional warehouse license;
2. maintain a separate record of total
commodities stored in temporary space in addition to accounting for the
commodities in the daily position record;
3. make the space intended for use as
temporary storage accessible for examination by the commission, the department,
or their designees.
a. If ready access for
inspection purposes is not available to the temporary structure, the
warehouseman at the examiner's discretion shall remove the covering or any part
of it as required by the examiner to determine quality, condition, and quantity
of the commodities in storage.
b.
If the warehouseman and the examiner are not in agreement as to the quality of
the commodities, the examiner with the assistance of the warehouseman shall
take samples of the mass, agreeable to both, and submit at the warehouseman's
expense to the nearest GIPSA or GIPSA-designated or delegated office for
grading.
c. The examiner shall
issue written notice to the warehouseman for any temporary storage facility
which no longer meets requirements. Failure of the warehouseman to place the
facility in a suitable condition within a reasonable length of time shall
result in the facility being eliminated from coverage from the warehouse
approval.
E.
All commodities shall be removed from temporary storage by the following June
1, except as provided in this Subsection. Failure to remove commodities by June
1 shall constitute a violation of this Part unless an extension is granted as
provided in this Subsection.
1. A
warehouseman may continue to store commodities in temporary facilities beyond
June 1, provided:
a. application to continue
use of temporary storage shall be made in writing by the warehouseman by May 1
or 30 days before the expiration of any extension. The commission or its
designee shall inspect the temporary storage facility prior to granting the
extension;
i. based on a visual examination
of the temporary structure and observation of the commodities for quantity and
quality, the examiner shall report to the commission his findings and
recommendation regarding continued approval and/or detailing problems that
shall be considered before an extension is granted. Adverse conditions shall be
reported by telephone to the commission within 24 hours and in writing within 3
business days;
b. the
time granted on any extension shall not exceed 6 months;
c. any approved extension shall be in
writing, provide the date the extension shall end and be signed by the
warehouseman.
2. If the
warehouse chooses to continue using the temporary storage for company-owned
commodities after June 1, the warehouse operator shall:
a. remove that quantity of the commodity from
the warehouse's official records;
b. not use the commodity to cover the storage
or warehouse receipted obligations of the warehouse; and
c. agree that the quantity will not be
included in any warehouse examination conducted by CCC.
F. The licensing of a temporary
storage space in no way relieves the warehouseman of any other obligations for
warehousemen set forth in
R.S.
3:3401 et seq., or LAC 7:XXVII.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3405 and
R.S.
3:3409.
