South Dakota Codified Laws
Chapter 43 - Public Grain Warehouses
Section 49-43-43 - Provisions regarding uniform warehouse receipts applicable.

49-43-43. Provisions regarding uniform warehouse receipts applicable.
Unless otherwise specifically provided by this chapter, the provisions regarding uniform warehouse receipts in chapter 57A-7 apply to the receipts and contracts of public grain warehouses operating within this state.

Source: SL 2008, ch 249, ยง31.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 43 - Public Grain Warehouses

Section 49-43-1 - Grain delivered to warehouse considered stored--Other arrangements--Settlement.

Section 49-43-1.1 - Definitions.

Section 49-43-2 - Delivery constitutes bailment rather than sale.

Section 49-43-2.1 - Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.

Section 49-43-3 - Grain stored under receipt not liable to seizure--Insolvency of bailee.

Section 49-43-4.1 - Promulgation of rules.

Section 49-43-4.2 - Public grain warehouse license--Penalty--Injunction--Civil fine.

Section 49-43-4.3 - Bond requirement--Violation as misdemeanor.

Section 49-43-4.4 - Issuance or denial of license.

Section 49-43-4.5 - Expiration of license--Revocation or suspension.

Section 49-43-5.1 - Application for license--Contents--Multiple warehouses of licensee.

Section 49-43-5.2 - Application fee.

Section 49-43-5.3 - Purpose of bond--Amount--Multiple warehouses.

Section 49-43-5.5 - Filing of other financial documents in lieu of bond.

Section 49-43-5.6 - Grounds for suspension of license.

Section 49-43-5.7 - Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.

Section 49-43-5.8 - Possession of warehouse by commission--Notification of surety.

Section 49-43-5.9 - Claim against warehouseman--Time limitation--Notice of revocation of license.

Section 49-43-7 - Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination.

Section 49-43-9 - Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor.

Section 49-43-10 - Yearly grain measurement--Additional reports--Violation as misdemeanor.

Section 49-43-11 - Duty to receive grain--Exceptions--Violation as misdemeanor.

Section 49-43-13 - Notice of market value of grain and accrued storage charges.

Section 49-43-14 - Issuance of new receipts--Cancellation of old receipts.

Section 49-43-15 - Conditions to issuance of receipt--Violation as misdemeanor.

Section 49-43-17 - Modification of warehouseman's liability prohibited.

Section 49-43-18 - Cancellation of receipt upon delivery of grain--Double delivery prohibited.

Section 49-43-19 - Partial delivery of grain--Issuance of new receipt--Terms of new receipt.

Section 49-43-20 - Division or consolidation of receipts--Cancellation of original receipt--Terms of new receipt.

Section 49-43-21 - Warehouseman prohibited from denying title of receipt holder.

Section 49-43-22 - Duty to redeliver grain.

Section 49-43-23 - Redelivery of identical grain not required--Deduction for dockage and foreign material--Guaranty respecting weight, grade, and quality.

Section 49-43-25 - Refusal to deliver grain as theft.

Section 49-43-26 - Certificates of weight and grade to be forwarded to warehouse and available for inspection--Violation as grounds for license revocation.

Section 49-43-32 - Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor.

Section 49-43-33 - Pooling agreements between competing warehousemen as misdemeanor.

Section 49-43-35 - Grain bank accounts--Establishment and maintenance.

Section 49-43-36 - Open storage grain considered stored grain.

Section 49-43-37 - Insurance of grain against loss--Violation as misdemeanor.

Section 49-43-38 - Records to be kept in safe place--Inspection.

Section 49-43-39 - Notice of damage to or destruction of warehouse.

Section 49-43-40 - Inspection of grain warehouses--Subpoena power and examination of witnesses.

Section 49-43-41 - Provision of requested records--Civil fine.

Section 49-43-42 - Memorandum of adjustments.

Section 49-43-43 - Provisions regarding uniform warehouse receipts applicable.

Section 49-43-44 - Issuance of receipt for goods not actually received or under the warehouse's control as felony.

Section 49-43-45 - Issuance of receipt with false statement as misdemeanor.

Section 49-43-46 - Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.

Section 49-43-47 - Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.

Section 49-43-48 - Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.

Section 49-43-49 - Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.

Section 49-43-50 - Appeal of commission decision.

Section 49-43-51 - Falsely weighing agricultural product as misdemeanor.

Section 49-43-52 - Grain and warehouse fund established.

Section 49-43-54 - Contract with independent provider to maintain electronic warehouse receipts.

Section 49-43-55 - Commission approval of independent provider--Revocation of approval.

Section 49-43-56 - Maintenance of secure electronic central filing system--Promulgation of rules.

Section 49-43-57 - Depositor right to paper warehouse receipt.

Section 49-43-58 - Commission access to central filing system--Memorandum of adjustments--Civil penalties.

Section 49-43-59 - Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.

Section 49-43-60 - Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.

Section 49-43-61 - Parent company furnishing financial statements responsible for financial obligations of licensed entity.

Section 49-43-62 - Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine.

Section 49-43-63 - Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.