1. No person shall:

(1) Operate a warehouse for storage of grain;

Terms Used In Missouri Laws 411.255

  • Delivery: the voluntary physical transfer of grain from one person to another. See Missouri Laws 411.026
  • Department: the Missouri department of agriculture. See Missouri Laws 411.026
  • Depositor: any person who deposits grain in a warehouse for storage, handling, shipment, processing, or who is the owner or holder of a warehouse receipt, or who is otherwise lawfully entitled to possession of the grain. See Missouri Laws 411.026
  • Director: the director of the Missouri department of agriculture or his designated representative. See Missouri Laws 411.026
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Grain: all grains for which standards have been established under the United States Grain Standards Act (Sections 71 to 87 of Title 7, United States Code), and any other agricultural commodities, seeds and vegetable oils prescribed by the director by regulation, except the term "grain" shall not include those commodities deemed not to be grain pursuant to section 411. See Missouri Laws 411.026
  • Licensed warehouseman: a warehouseman who owns or operates a warehouse licensed under the provisions of this chapter. See Missouri Laws 411.026
  • Person: means and includes any individual, firm, partnership, exchange, association, trustee, receiver, corporation, cooperative, society, public body, political subdivision, or any other business or commercial entity or organization of any kind whatsoever, and any member, officer or employee thereof. See Missouri Laws 411.026
  • Receipt: a grain warehouse receipt, whether negotiable or nonnegotiable, issued under this chapter. See Missouri Laws 411.026
  • Warehouse: any building, structure or other enclosure in which grain is or may be stored and through which grain is or may be handled or shipped. See Missouri Laws 411.026
  • warehouseman: any person who owns, controls, operates or manages any warehouse whether such owner resides within the state or not. See Missouri Laws 411.026

(2) Hold himself out as being in the grain storage business, or as offering storage facilities for grain;

(3) Advertise for, solicit or accept grain for storage;

(4) Carry on a grain bank operation, or receive and store grain for which a like quantity of grains is to be returned or delivered in any form to the depositor thereof without first obtaining and keeping in force an annual license issued by the department authorizing the operation of a public grain warehouse; provided, that all licenses issued prior to April 22, 1986, by the department shall remain valid for all purposes unless terminated, surrendered or revoked as provided in this chapter.

2. Two or more warehouses which constitute a single operating unit may be licensed under a single license if:

(1) The same warehouseman operates each warehouse in conjunction with the other;

(2) All the warehouses are functioning under the same name and with the same personnel, office, books and records; and

(3) The warehouses are within a fifty mile radius of the warehouseman’s principal office.

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All warehouses licensed under a single license shall be treated as a single warehouse for all the purposes of this chapter, excepting issuance of warehouse receipts and receipt and delivery of grain.

3. A licensed warehouseman shall not store grain in any unlicensed facility.

4. Following an administrative hearing, the director may require the warehouseman to pay a penalty of not more than five hundred dollars per day for each day the warehouseman is found to be operating without a license or bond. In determining whether to assess the penalty, the director shall ascertain whether the warehouseman has continued to operate without a license or bond after being informed by the department in writing by certified mail of the need for licensing. Any penalties collected by the director under this section shall be deposited in the general revenue fund. In the event that a person penalized under this section fails to pay the penalty, the director may apply to the circuit court of Cole County for, and the court may enter, an order enforcing the penalty.

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