Chapter 586 — Warehouses

586.010 [Repealed by 1955 c.731 §34]

586.020 [Repealed by 1955 c.731 §34]

586.030 [Repealed by 1955 c.731 §34]

586.040 [Repealed by 1955 c.731 §34]

586.050 [Repealed by 1955 c.731 §34]

586.060 [Repealed by 1955 c.731 §34]

586.070 [Repealed by 1955 c.731 §34]

586.080 [Repealed by 1955 c.731 §34]

586.090 [Repealed by 1955 c.731 §34]

586.100 [Repealed by 1955 c.731 §34]

586.110 [Repealed by 1963 c.116 §1]

586.120 [Amended by 1961 c.726 §419; repealed by 1963 c.116 §1]

586.130 [Repealed by 1955 c.731 §34]

GENERAL PROVISIONS

586.210 Definitions for ORS 586.210 to 586.730

As used in ORS 586.210 to 586.730, unless the context requires otherwise: “Department” means the State Department of Agriculture. “Grain” means wheat, corn, oats, barley, rye, flaxseed, soybeans, grain sorghum, dry beans and peas and any other grain for which standards are established by the state or the federal government. “Handling” includes receiving a…

586.220 [Repealed by 1955 c.731 §34]

PUBLIC WAREHOUSES

586.225 Exemption for certain warehousing facilities

The provisions of ORS 586.210 to 586.561 do not apply to any public warehouse or other facility where the owner or operator thereof only receives grain: The owner or operator has purchased or has agreed to purchase, For processing or cleaning for the owner of the grain, For such purposes other than storage or handling as the State Department of Agricultur…

586.230 State Department of Agriculture to inspect warehouses and records and make rules to enforce ORS 586.210 to 586.730

The State Department of Agriculture shall have the power to inspect public warehouses. The department shall investigate all complaints of fraud or injustice in the operation of public warehouses and the business practices of warehousemen licensed by the department and make all necessary rules and regulations for carrying out and enforcing the provisions of O…

586.235 Cooperative agreements for inspections in other states

The Director of Agriculture may enter into cooperative agreements with approved warehouse examination programs provided by state governments of contiguous states to perform warehouse examinations of merged code facilities domiciled in these contiguous states. Note: 586.235 was added to and made a part of 586.210 to 586.730 by legislative action but was not …

586.240 [Repealed by 1955 c.731 §34]

586.250 Improper acts of department officers or employees and of others improperly influencing them

No officer, employee, inspector, sampler or weigher of the State Department of Agriculture shall: Be guilty of any neglect of duty. Knowingly or carelessly inspect, sample or weigh any grain, grain products, hay or other commodities improperly. Directly or indirectly accept any money or other consideration for any neglect of duty or any improper performan…

586.260 [Repealed by 1955 c.731 §34]

586.270 Warehouse licenses; federal licenses; license application and fee

Every person operating any public warehouse in this state shall, before July 1 of each year or such date as may be specified by rule of the State Department of Agriculture, procure from the department a license for each such warehouse so operated for the ensuing year, before transacting business at such public warehouse; but the holder of a license to store …

586.275 Revocation of or refusal to issue license

Subject to the provisions of ORS chapter 183, upon determining that any person licensed under this chapter, or who has applied for a license under ORS 586.270, has violated or failed to comply with any of the provisions of this chapter or any of the rules and regulations of the State Department of Agriculture made under this chapter, or that such person has …

586.280 Prohibition against operating a warehouse or issuing a warehouse receipt without a license

No person operating a public warehouse within this state shall issue any negotiable grain warehouse receipt for grain for storage purposes unless the person is at the time licensed so to do, either by the State Department of Agriculture or by the United States Department of Agriculture. No person shall operate a public warehouse in this state without a lice…

586.285 Operation without a license may be enjoined

The State Department of Agriculture may apply for, and the circuit courts of this state hereby are vested with jurisdiction to issue, a temporary or permanent injunction against the operation by any person of a public warehouse without a license if such license is required by ORS 586.210 to 586.730. The remedy conferred by this section is in addition to any …

586.290 Posting of signs at warehouses

Every warehouseman operating a public warehouse licensed and bonded under ORS 586.210 to 586.730 shall post at or near the main entrance to the warehouse a sign to be furnished by the State Department of Agriculture of such design as the department directs, having thereon the words, “Oregon Bonded Grain Warehouse.” It is unlawful to permit such sign or any s…

586.295 Warehouse to be maintained in adequate manner

A public warehouse shall be maintained in a manner adequate to provide suitable, sanitary and safe storage of the particular product or commodity stored therein.

586.300 Warehouseman’s bond; liability; automatic license suspension for failure to have or to maintain bond

Each warehouseman operating a public warehouse required to be licensed under ORS 586.210 to 586.730 shall, on or before July 1 of each year, give a bond to the State of Oregon executed by the warehouseman as principal and by a corporate surety licensed to do business in this state as surety. The bond for each warehouseman who elects to provide to the State …

586.310 [Repealed by 1961 c.445 §23]

586.315 Warehouseman required to insure grain or retain written waiver by depositor

Except as provided in subsection (2) of this section, grain in storage in a public warehouse or public terminal warehouse shall be kept fully insured by the warehouseman for the current market value of such grain against loss by fire, lightning, inherent explosion, windstorm, cyclone and tornado. Evidence of such insurance coverage in the form of a certifica…

586.320 [Repealed by 1955 c.731 §§7, 34 (586.285 enacted in lieu of 586.320)]

586.330 Investigating and fixing warehouse charges

All charges made by any warehouseman subject to the provisions of ORS 586.210 to 586.730, for the handling or storage of grain shall be just, fair and reasonable; and the State Department of Agriculture, upon the complaint of any person interested or by inquiry upon its own motion, after a full hearing, may: Declare any existing charge for the handling or s…

586.340 Posting rate schedules; increase or discrimination in rates prohibited

Every warehouseman shall annually, during the first week in July, publish by posting in a conspicuous place in the public warehouse of the warehouseman, a schedule of grain storage and handling rates for the ensuing year. The schedule shall be kept posted in a conspicuous place in the public warehouse. The rates shall not be changed during such year. No disc…

586.350 Overcharges, rebates and preferences prohibited

No warehouseman subject to the provisions of ORS 586.210 to 586.730 shall: Directly or indirectly, by any special charge, rebate, drawback or other device, demand, collect or receive from any person a greater or lesser compensation for any service rendered or to be rendered in the handling or storage of grain than the warehouseman demands, collects or recei…

586.360 Warehouseman required to receive grain for storage; reservation of space for local customers; load slips; warehouse receipts

Every warehouseman shall receive for storage and handling, as the capacity of the public warehouse of the warehouseman will permit, all grain in a public warehouse licensed for such purpose, in suitable condition for storage, tendered the warehouseman in the usual course of business, without discrimination of any kind. However, a warehouseman may reserve ade…

586.370 Obtaining blank forms of receipts from department

The State Department of Agriculture shall cause to be printed, bound and delivered to each person operating a public warehouse a sufficient number of blank negotiable and nonnegotiable grain warehouse receipts, in such form and as prescribed by the department, required to carry on the business of such public warehouse when needed. No person shall use such fo…

586.380 Only authorized receipts to be used; exception

It is unlawful to issue negotiable or nonnegotiable grain warehouse receipts other than those furnished by the State Department of Agriculture and such receipts shall be issued consecutively as numbered and dated with the true and correct date on which each receipt is actually issued. It is unlawful to print or have in possession for the purpose of issuance …

586.382 Warehouse records; warehouse receipts

A warehouseman operating another business in conjunction with, or in proximity to, the licensed public warehouse of the warehouseman shall keep a complete set of records for the warehouse business, entirely separate and distinct from the accounts and records of any other business. Deposits of grain for the account of such other business, or for grain owned b…

586.385 Warehouseman’s liability for failure to issue proper receipt

No warehouseman shall issue a receipt for grain not known by the warehouseman to be in the public warehouse of the warehouseman. When partial withdrawal of the grain of the depositor is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable receipt and on other records as prescribed by the State Depart…

586.390 [Repealed by 1955 c.731 §34]

586.395 Warehouseman’s liability for injury to grain; disposal of grain which is a hazard

A warehouseman shall be liable for any loss or injury to the grain in the public warehouse of the warehouseman caused by the failure of the warehouseman to exercise such care in regard to it as a reasonably careful person would exercise in regard to similar grain of the person’s own. If a warehouseman discovers that as a result of a quality or condition of …

586.400 Duty of warehouse receiving grain for storage; damages for failure to deliver

Except as otherwise provided in subsection (2) of this section, the duty of a warehouse receiving grain for storage or shipment in a public warehouse operated by the warehouse shall be governed by the provisions of ORS 77.4030. A warehouse’s duty to deliver grain is fulfilled if delivery is made to the several owners in the order of demand as rapidly as it …

586.410 Loading and shipping instructions; liability of warehouseman

Owners of negotiable grain warehouse receipts surrendered for shipment of grain or of grain in a public warehouse for which load slips only are furnished shall furnish the warehouseman with written instructions regarding the capacity of cars to be ordered from the transportation company and as to the manner of loading and billing shipments made in such cars …

586.415 Approval of holder of receipt required before sale, shipment or other transaction

No warehouseman shall sell, encumber, ship, transfer or in any manner remove or permit to be shipped, transferred or removed from a warehouse any grain received by the warehouseman for deposit or handling, without the written approval of the holder of the warehouse receipt or load slip.

586.420 [Repealed by 1955 c.731 §34]

586.425 [1957 c.11 §4; 1957 c.314 §3; 1961 c.726 §421; repealed by 1963 c.116 §1]

586.430 [Repealed by 1955 c.731 §34]

586.440 [Repealed by 1955 c.731 §34]

586.450 [Repealed by 1955 c.731 §34]

586.460 [Repealed by 1955 c.731 §34]

586.470 [Repealed by 1955 c.731 §34]

586.480 [Repealed by 1955 c.731 §34]

586.490 [Repealed by 1955 c.731 §34]

586.500 [Repealed by 1955 c.731 §34]

586.510 [Repealed by 1955 c.731 §34]

586.520 Inspection of warehouses; records required of warehouseman; fee

Upon the request of any person or persons having an interest in grain stored in any public warehouse and upon payment of $25 in advance, the State Department of Agriculture shall cause such warehouse to be inspected and shall cause to be checked the outstanding negotiable grain warehouse receipts and load slips which have not been superseded by negotiable gr…

586.525 Procedure in case of probable shortage in grain or where warehouseman refuses to submit to inspection

Whenever it appears probable after investigation that a licensed warehouseman has not in possession sufficient grain to cover the outstanding warehouse receipts, load slips or other evidence of storage liability issued or assumed by the warehouseman, or when such warehouseman refuses to submit books, papers or property to lawful inspection, the State Departm…

586.527 Settlement of claims against defaulting warehouseman

If the State Department of Agriculture considers the appointment of a receiver or other action provided by ORS 586.525 inadvisable or inexpedient in the case of depositors of grain in a public warehouse operated by a warehouseman who is in default as to any condition of bond, it may obtain settlement for such depositors as provided in this section. The depa…

586.529 Receivership of warehouse business; claims against surety

An employee of the State Department of Agriculture may be appointed receiver if the court is unable, or deems it inadvisable, to obtain the services of another qualified person to accept the position as authorized by ORS 586.525. If a person other than an employee of the department is appointed a receiver and if at any time it is apparent to the court that t…

586.530 Establishment of standard grades for commodities received

The State Department of Agriculture shall fix and establish standard grades to apply to all grain received for shipment or storage by public warehouses in this state. The department may establish standard grades for forage products, including but not limited to straw and hay and for other agricultural commodities received for shipment or storage at such ware…

586.540 [Repealed by 1955 c.731 §34]

586.550 Warehouseman to keep copy of regulations available for inspection

It is the duty of the State Department of Agriculture, immediately after the establishment of grades under ORS 586.530, to supply all warehousemen with a copy of the grades, rules and regulations of the department. Every public warehouseman shall keep: The copy of grades, rules and regulations on file in a convenient place in every such warehouse. If an o…

586.555 Warehouseman’s reports to department

Each warehouseman shall report information to the State Department of Agriculture at such times and as may be required by the department for the necessary enforcement and supervision of a sound, reasonable and efficient warehouse inspection program for the protection of depositors of grain and for persons or agencies who lend money against such grains.

586.560 [Repealed by 1955 c.731 §34]

586.561 Discontinuance of operation of warehouse

Any person operating a public warehouse who desires to discontinue the operation shall at least 30 days prior to the date of expiration or closing date notify, by certified or registered mail, at the last-known address all holders of warehouse receipts, all persons storing grain in such warehouse and the department of the intention to discontinue the public …

586.570 [Amended by 1955 c.731 §20; repealed by 2013 c.118 §1]

586.580 [Amended by 1955 c.731 §21; 1967 c.208 §7; repealed by 2013 c.118 §1]

586.590 [Amended by 1955 c.731 §22; repealed by 2013 c.118 §1]

586.600 [Amended by 1955 c.731 §23; 1967 c.208 §10; repealed by 2013 c.118 §1]

586.610 [Amended by 1955 c.731 §24; 1969 c.190 §6; repealed by 2013 c.118 §1]

586.620 [Repealed by 1955 c.731 §34]

586.630 [Amended by 1955 c.731 §25; repealed by 2013 c.118 §1]

586.640 [Amended by 1955 c.731 §26; repealed by 2013 c.118 §1]

586.650 [Amended by 1955 c.731 §27; repealed by 2013 c.118 §1]

586.660 [Amended by 1955 c.731 §28; repealed by 2013 c.118 §1]

586.670 [Amended by 1955 c.731 §29; repealed by 2013 c.118 §1]

586.680 [Amended by 1955 c.731 §30; repealed by 2013 c.118 §1]

586.690 [Repealed by 1955 c.731 §34]

586.700 [Repealed by 1955 c.731 §34]

MISCELLANEOUS PROVISIONS

586.710 Disposition of certain fees; continuing appropriation

Except for fees paid under ORS 586.270, all fees collected by the State Department of Agriculture under this chapter shall be paid into the State Treasury to the credit of the Department of Agriculture Account. Such moneys constitute a continuing appropriation for the purpose of carrying out the provisions of this chapter. The fees paid to the department und…

586.720 Application of Uniform Commercial Code–Documents of Title and other laws to public warehouses

Except as provided in subsection (2) of this section, every public warehouse complying with the provisions of ORS 586.210 to 586.730 is exempt from all the provisions of all other laws of this state regulating and licensing warehouses. The provisions of ORS chapter 77 apply to public warehouses complying with the provisions of ORS 586.210 to 586.730 to the …

586.730 Violation of provisions or noncompliance with order prohibited

No warehouseman shall violate, or procure, aid, or abet any violation by any warehouseman, of any provision of ORS 586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525, 586.530, 586.550 or 586.710 to 586.730, or fail to comply with any order of the State Department of Agriculture, or procure, aid or abet any warehouseman in failure to c…

586.990 Penalties

Violation of ORS 586.250 is a Class B misdemeanor. Violation of ORS 586.730 is a Class A misdemeanor. Violation of any of the provisions of ORS 586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525, 586.530, 586.550, 586.710 or 586.720, or failure to comply with any order, rule, direction, demand or requirement of the State Department …