34-251. Inspection of warehouses; procedures; access; scale tests; confidentiality of certain information, exception; penalty for disclosure. (a) All persons owning property, or who may be interested in the same, in any public warehouse and all duly authorized examiners of such property shall be at full liberty to inspect and to examine any and all property stored in any public warehouse in the state at all times during regular business hours. All proper facilities shall be extended to such persons by the public warehouseman and the warehouseman's agents and employees for such examinations and inspection. The secretary shall inspect, or cause to be inspected by a duly authorized examiner, every warehouse, the business thereof and the mode of conducting the same at such times as the secretary deems necessary. The property, books, records, accounts, papers and proceedings kept at such warehouses, so far as they relate to the operation or management of public storage, which have reference only to the quantity, quality and insurance on grain in storage, shall be subject to examination and inspection of the secretary or the secretary's duly authorized examiner at all times during regular business hours. All scales or weighing or measuring devices used for weighing or measuring of property in public warehouses shall be subject to tests by any duly authorized inspector or weighmaster or by the secretary or the secretary's authorized representative at any time when required by any such officer, or by any person or agent whose property has been or is to be weighed on such scales.
(b) Any public warehouseman who uses scales for grain weighing that have been found on inspection to be inaccurate and that have not been pronounced correct and properly sealed shall be liable to be proceeded against as hereinafter provided.
(c) No inspector or employee of the department shall disclose any information obtained by such inspector or employee in the course of employment which is relative to the affairs or transactions of any warehouseman, other than as permitted by this act, without first having obtained the express permission in writing of such warehouseman or of the secretary, except when ordered to do so by a court of competent jurisdiction. Upon application of any person, the secretary may disclose or direct any inspector or employee of the department to disclose any information which, in the opinion of the secretary, the person making the application is entitled to receive. If any inspector or employee discloses any such information except as permitted by this act, the inspector or employee shall be guilty of a misdemeanor.
History: L. 1931, ch. 194, § 29; L. 1984, ch. 150, § 12; L. 1990, ch. 364, § 5; L. 1997, ch. 160, § 31; Sept. 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.