TITLE 69

WAREHOUSES

CHAPTER 2

BONDED WAREHOUSE LAW

69-202.  Definitions. As used in this chapter:

(1)  "Agricultural commodity" or "commodity" means any grain, wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and feeds (not including minerals or seed crops) or any other commodity as determined by the director.

(2)  "Commodity dealer" or "dealer" means any person who solicits, contracts for, or obtains from an Idaho producer or producers, title, possession or control of any agricultural commodity through his place of business located in the state of Idaho or through his place of business located outside the state of Idaho for the purposes of sale or resale or who buys, during a calendar year, at least ten thousand dollars ($10,000) worth of agricultural commodities from an Idaho producer or producers of the commodities. Commodity dealer or dealer shall not mean any person who purchases agricultural commodities for his own use as seed or feed within his own operation.

(3)  "Contract" means a written agreement between two (2) or more parties for the sale of an agricultural commodity stipulating the terms and conditions of performance of the parties and includes, but is not limited to, those contracts commonly referred to as credit sales, deferred payment, delayed, production, bailment or price later contracts.

(4)  "Deliver" or "delivery" means the physical transfer of agricultural commodity from one (1) party to another.

(5)  "Department" means the Idaho state department of agriculture.

(6)  "Depositor" means any person who deposits an agricultural commodity in an Idaho state licensed warehouse for storage, handling, processing, reconditioning or shipment, or who is the owner or legal holder of a negotiable warehouse receipt, outstanding scale weight ticket, nonnegotiable warehouse receipt or other evidence of such deposit, or any person whose agricultural commodity has been sold to or is under control of a warehouseman for selling, processing, reconditioning or handling whether or not such agricultural commodity is within the warehouse.

(7)  "Director" means the director of the Idaho state department of agriculture.

(8)  "Failure" means the date that one (1) or more of the following events occurred, as determined by the director:

(a)  An inability to financially satisfy claimants in accordance with this chapter and the time limits provided for in it;

(b)  A public declaration of insolvency;

(c)  A revocation of license and the leaving of an outstanding indebtedness to a depositor or producer;

(d)  A failure to redeliver any commodity to a depositor or to pay depositors or producers for commodities purchased by a licensee or to pay a producer for commodity delivered under the provisions of the contract in the ordinary course of business;

(e)  A failure to make application for license renewal within sixty (60) days after the annual license renewal date; or

(f)  A denial of the application for a license renewal.

(9)  "Historical depositor" means any person who, in the normal course of business operation has consistently made deposits in the same warehouse of commodities produced on the same land. In addition, anyone purchasing or leasing that particular land directly from the original depositor or receiving that particular land by devise, descent, bequest or gift directly from the historical depositor shall also be considered an historical depositor with regard to the commodities produced on that land.

(10) "Person" means any individual, firm, association, corporation, partnership or limited liability company.

(11) "Producer" means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of agricultural commodities produced on that land. Producer does not include growers who deposit their commodity in a facility in which they have a financial or management interest, except members of a cooperative marketing association qualified under chapter 26, title 22, Idaho Code.

(12) "Public warehouse" or "warehouse" or "warehouseman" means any elevator, mill, warehouse, subterminal commodity warehouse, public warehouse or other structure or facility in which agricultural commodities are received for storage, shipment, processing, reconditioning or handling.

(13) "Receipt" means a warehouse receipt.

(14) "Revocation" means the permanent removal of a warehouse license following a hearing on violations of this chapter by the hearing officer or director.

(15) "Scale weight ticket" means a load slip or other evidence, other than a receipt, given to a depositor by a warehouseman licensed under the provisions of this chapter, upon initial delivery of the commodity to the warehouse.

(16) "Seed crops" means any seed crop regulated by chapter 4, title 22, Idaho Code.

(17) "Subterminal warehouse" means any warehouse at which an intermediate function is performed in which agricultural commodities are customarily received from dealers rather than producers and where the commodities are accumulated prior to shipment.

(18) "Suspension" means the temporary removal of a warehouse license by the department pending a hearing for violations of this chapter. Correction of the violations prior to a hearing may result in the reinstatement of a license without a hearing.

(19) "Termination" means the expiration of a warehouse license due to failure to meet minimum licensing requirements, failure to renew a warehouse license or as requested by the licensee, unless a complaint has been filed against the licensee alleging a violation of any provision of this chapter.

(20) "Transfer" means, unless otherwise defined by the parties in writing, the event when a producer or his agent delivers a commodity to a warehouseman, who then weighs the commodity, and gives the producer or his agent a scale weight ticket or other written evidence of transfer.

(21) "Warehouse receipt" means every receipt, whether negotiable or nonnegotiable, issued by a warehouseman, except scale weight tickets.

(22) "Warehouseman" means a person operating or controlling a public warehouse.

History:

[(69-202) 1919, ch. 152, sec. 2, p. 484; C.S., sec. 6179; am. 1931, ch. 7, sec. 1, p. 12; I.C.A., sec. 67-202; am. 1933, ch. 167, sec. 1, p. 298; am. 1951, ch. 86, sec. 1, p. 155; am. 1953, ch. 140, sec. 1, p. 230; am. 1957, ch. 98, sec. 1, p. 171; am. 1982, ch. 25, sec. 2, p. 33; am. 1983, ch. 44, sec. 1, p. 103; am. 1985, ch. 138, sec. 1, p. 376; am. 1988, ch. 350, sec. 1, p. 1034; am. 1990, ch. 183, sec. 1, p. 400; am. 1996, ch. 33, sec. 1, p. 84; am. 1999, ch. 203, sec. 1, p. 547; am. 2001, ch. 304, sec. 1, p. 1104; am. 2002, ch. 259, sec. 1, p. 759.]