Missouri Laws 411.271 – Examination of warehouse — paid for by whom — discrepancy, effect of
1. The department shall make at least one complete examination of each state licensed public warehouse each year. The examination shall be at the expense of the warehouseman who shall be charged thereby a fee based on rates established by the director. The minimum examination fee shall be fifty dollars. The examination shall include a weigh-up of all grain or a measure-up of all grain, as may be elected by the warehouseman.
2. Any additional examinations deemed necessary by the department to be made during any year shall be at the expense of the department; except that, if upon any examination a discrepancy is found to exist, the director may collect a fee for that examination and for any subsequent examinations deemed necessary to insure that the discrepancy is corrected. The fee for each such examination shall be computed in accordance with the provisions of subsection 3 of this section.
Terms Used In Missouri Laws 411.271
- Department: the Missouri department of agriculture. See Missouri Laws 411.026
- Director: the director of the Missouri department of agriculture or his designated representative. See Missouri Laws 411.026
- 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
- Public warehouse: a warehouse used for the purpose of storing grain of owners other than the warehouseman, whether grain of the owners be commingled or whether identity of different lots be preserved, or a warehouse used for any purpose for which a license is required under section 411. See Missouri Laws 411.026
- rules: rules, regulations and standards promulgated pursuant to this chapter by the director. See Missouri Laws 411.026
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- 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
- Warehouse auditor: or "warehouse examiner" , or "inspector", any individual appointed under this chapter by the director to assist in the administration of the chapter. 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
3. Any warehouseman may request additional examinations at the expense of the warehouseman. The director may collect a fee for each special or requested examination of a public grain warehouse or for extra work beyond regular examination procedures in connection with regularly scheduled examinations, computed as follows:
(1) Necessary personal expenses in conformance with the rules and regulations promulgated by the commissioner of administration pursuant to section 33.090;
(2) A mileage allowance equal to the allowance established by the commissioner of administration pursuant to section 33.095;
(3) Twenty dollars for each man-hour required to complete the inspection.
4. Upon completion of any examination which reveals a failure to comply with this chapter or regulations promulgated hereunder, the director or any warehouse auditor, within a reasonable time, shall present a written discrepancy report to the warehouseman, his employee or agent. The report shall specify the areas of noncompliance and shall give a specific period of time within which corrective action is to be taken. Such period of time shall be both reasonable and practicable under the circumstance. A report of that corrective action shall be sent to the director by the warehouseman. If, after further examination, the discrepancy still exists, the director may modify, suspend, or revoke the warehouseman’s license, or the director may take whatever other action he deems necessary, consistent with the provisions of this chapter, until the warehouseman has corrected the discrepancy.