34-2,113. Sample of commodity; procedure; powers of secretary. (a) The secretary of agriculture or the authorized representative of the secretary may sample any commodity contained in a licensed warehouse whenever indications of quality problems with the potential of causing a loss of value are observed. Observations indicating the following may serve as the basis for the sample provided for by this section: (1) Odor consistent with spoiled or rotten grain; (2) insect damage; (3) distinct discoloration of the kernels; (4) insect webbing; (5) sprouting from the kernels; (6) crust on the top layer of the grain; or (7) any other evidence consistent with grain quality.
(b) If obtaining the sample requires the assistance of the warehouseman, that assistance shall be provided within a reasonable time of the request of the secretary or the secretary's authorized representative.
(c) Upon obtaining a sample, the secretary or the authorized representative of the secretary shall make the sample available to the warehouseman for review.
(d) If after examination of the sample or samples a quality problem is still suspected the secretary may:
(1) Order the warehouseman to have all commodities suspected of quality problems sampled and officially graded in a manner sufficient to accurately determine the nature and extent of the problem;
(2) arrange for the sampling and grading of the suspected commodities, if the warehouseman fails to do so within the time ordered by the secretary and assess the costs to the warehouseman; and
(3) order the warehouseman to take immediate management and handling steps in response to the quality problem.
(e) Any failure by a warehouseman to maintain grain quality, comply with any order of the secretary related to quality or to remit funds to cover sampling and grading costs shall be deemed a violation of the provisions of article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
(f) The provisions of this section shall be part of and supplemental to article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2005, ch. 61, ยง 1; July 1.
Structure Kansas Statutes
Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses
34-227b Rules for operation of grain bank grain.
34-230 License; issuance, when; renewal; posting; suspension or revocation; appeal.
34-230a Hearings; powers of secretary.
34-230b Injunction proceedings; how prosecuted.
34-231 Penalty for failure to obtain license; refusal to reissue revoked license, when.
34-233 Storage in public warehouses; grain samples; weight certificates.
34-234 Withholding grain from storage; notice; penalty for refusal to comply.
34-235 Schedule of charges; approval by secretary; changes in schedule.
34-238 Warehouse receipts; issuance; furnishing by secretary.
34-239 Form of receipt for storage grain.
34-240 Warehouseman's receipt on own grain valid.
34-241 Transfer of grain between warehouses; form of receipt; procedure.
34-242 Same; numbering; required information.
34-243 Definition of nonnegotiable receipt.
34-244 Definition of negotiable receipt.
34-245 Failure to mark nonnegotiable or not negotiable.
34-246 Warehouse receipts; issuance and cancellation; division; consolidation.
34-250 Obligation of warehouseman to deliver.
34-252 Justification of warehouseman in delivering.
34-253 Warehouseman's liability for misdelivery.
34-254 Negotiable receipts must be canceled when grain delivered.
34-255 Cancellation of receipts upon partial delivery of grain liability.
34-257a Lost or destroyed receipts; duplicate receipt, when; form of duplicate.
34-258 Effect of duplicate receipt.
34-259 Warehouseman cannot set up title in himself.
34-260 Interpleader of adverse claimants.
34-261 Warehouseman has reasonable time to determine validity of claims or compel interpleader.
34-262 Adverse title no defense.
34-263 Liability for care of grain.
34-264 Attachment or levy upon grain for which a negotiable receipt has been given.
34-265 Creditor's remedies to reach negotiable receipts.
34-266 Claims included in warehouseman's lien.
34-267 Against what property the lien may be enforced.
34-269 Negotiable receipt must state charges for which lien is claimed.
34-270 Warehouseman need not deliver until lien is satisfied.
34-271 Warehouseman's lien does not preclude other remedies.
34-272 Satisfaction of lien by sale; notice required.
34-274 Disposition of proceeds of sale.
34-275 Other methods of enforcing liens not precluded.
34-277 Negotiations of negotiable receipts by delivery.
34-278 Negotiations of negotiable receipts by endorsement.
34-280 Who may negotiate a receipt.
34-281 Rights of person to whom a receipt has been negotiated.
34-282 Rights of person to whom a receipt has been transferred, but not negotiated.
34-283 Transfer of negotiable receipt without endorsement.
34-284 Warranties on sale of receipt.
34-285 Endorser not a guarantor.
34-286 No warranty implied from accepting payment of a debt.
34-287 When negotiations not impaired by fraud, mistake or duress.
34-288 Effect of negotiation of receipt on previous sale, mortgage or pledge.
34-289 Rights of purchaser for value in good faith of negotiable receipt.
34-293 Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.
34-295b Same; separation from other records; inspection.
34-296 Laws applicable to receipts.
34-297 Effect on prior receipts.
34-298 Penalty for violation of act; revocation of license; notice and opportunity for hearing.
34-2,101 Relation of this act to the federal warehouse act.
34-2,102 Invalidation of any part of this act.
34-2,103 Interpretation of act.
34-2,105 Same; no defense in criminal action.
34-2,107 Priority of owner's interest in stored grain.
34-2,109 Warehouseman's annual statement of depositor's grain.
34-2,110 Warehouseman's annual statement of depositors to secretary.
34-2,112 Voidable sale of grain to warehouseman; insufficient funds check.
34-2,113 Sample of commodity; procedure; powers of secretary.