Chapter 587 — Storage of Grain as Basis of Farm Credit

587.010 Definitions

As used in this chapter, “department” means the State Department of Agriculture.

587.020 Purpose of chapter

The purpose and object of this chapter is to provide the owners of grain the means of warehousing or storing their grain on farms, on or near railroad rights of way and other suitable places under proper safeguards, as a basis of farm credit on the grain so stored.

587.030 State Department of Agriculture to administer and enforce chapter

The State Department of Agriculture shall manage, control and direct the operations of the provisions of this chapter and has full power to make effective the provisions of this chapter and the rules and regulations which the department prescribes to carry out the purposes and objects of this chapter.

587.040 Powers of department; rules

In addition to the general powers conferred by ORS 587.030 the State Department of Agriculture has the following express powers: To appoint inspectors of grain. To make and promulgate the necessary or desirable rules and regulations, not inconsistent with this chapter, to carry out effectually the purposes of this chapter; the department may consider appli…

587.050 Petition for services by department

Whenever 15 or more farmers operating farms tributary to any market center petition the State Department of Agriculture for services authorized by this chapter, the department forthwith shall provide for the method of inspection and certify all warehouse certificates for grain inspected.

587.060 [Repealed by 1959 c.201 §11]

587.070 [Repealed by 1959 c.201 §11]

587.080 [Repealed by 1959 c.201 §11]

587.090 Application for storage of grain

Any owner of grain desiring to store it shall make a written application to the State Department of Agriculture indicating where the grain is stored, the kind of structure in which stored and the encumbrance on the grain, if any. The application shall be signed and sworn to by the applicant. Whenever any grain is owned by more than one owner, the application…

587.100 Making inspections; inspection certificates; issuing warehouse certificates

When application is made to the State Department of Agriculture for the inspection and sealing of grain, whether upon the farm or on or near any railroad right of way, or other suitable place, the department shall, as soon as it is possible so to do, inspect the grain. If the grain and the structure in which it is stored comply with this chapter and the regu…

587.110 Form and contents of warehouse certificate; approval by department

The form of the warehouse certificate issued under this chapter shall be prepared and approved by the State Department of Agriculture. Every certificate must embody within its written or printed terms the following: The consecutive number of the certificate. The date of issuance of the certificate. A description of the structure in which the grain is stor…

587.120 Certificates to be in triplicate; disposition of original and copies

All warehouse certificates issued under this chapter shall be in triplicate. The original shall be delivered to the owner, one copy shall be retained by the State Department of Agriculture and the other copy shall be filed in the office of the county clerk of the county in which the grain is stored. Both copies of the certificate shall have plainly printed a…

587.130 Filing and recording certificates

The State Department of Agriculture shall file in the office of the county clerk of the county wherein the grain is stored a copy of the warehouse certificate. The certificate shall be indexed under chattel mortgages. The filing fee shall be paid by the department and charged to the general expense of the administration of this chapter. The filing is notice …

587.140 Care by owner of stored grain; delivery to certificate holder; sale by owner

The owner of grain stored under this chapter is charged with the due care of the grain and shall exercise that degree of care and diligence which an ordinary and prudent person would exercise with regard to similar property of the person’s own. The owner shall also, upon demand of the holder of the certificate and with the approval of the State Department of…

587.150 Locking and sealing storage facilities; bond as waiver of

The locking up and sealing of any storage facility acceptable to the State Department of Agriculture hereby is waived, if and when the applicant has filed a warehouseman’s bond, as a guaranty to the carrying out of the provisions of this chapter. Such bond shall be passed on and approved by the department.

587.160 Determination of amount of grain; warehouse certificate as evidence; owner liable for actual amount

Whenever the amount of grain certified to on the warehouse certificate has been computed by cubic measurements or by number of bags, the amount shall be deemed to be prima facie the amount of the grain, but the actual amount shall be determined by the actual weight thereof. The owner, however, is responsible and liable to the holder of the certificate, for t…

587.170 [Repealed by 1959 c.201 §11]

587.180 [Repealed by 1959 c.201 §11]

587.190 Expenses of administering chapter; disposition of inspection fees; continuing appropriation

The expenses of the administration of this chapter shall be paid by the owners of the grain, and the fee collected at the time of inspecting and sealing. The amount so paid shall be stated in the certificate. The fee for the inspection shall be established by the State Department of Agriculture on the basis of a fee for each bushel of grain stored in an amou…

587.990 Penalties

Any person who states in the application provided for in ORS 587.090 any material fact known to be false and for the purpose of misleading the State Department of Agriculture is guilty of a misdemeanor. Any person who, with the intent to defraud, breaks the seal of any structure in which grain is stored under this chapter is guilty of a felony and, upon con…