Chapter 34.—GRAIN AND FORAGE

Kansas Statutes

Chapter 34.—GRAIN AND FORAGE

Cross References to Related Sections:

Board of trade, see chapter 2, article 16.

Law Review and Bar Journal References:

"Grain Elevator Bankruptcies: How Can the Grain Producer be Better Protected?" Marc E. Elkins, 31 K.L.R. 157, 168 (1982).

Article 1.—PUBLIC WAREHOUSES; DEPARTMENT OF AGRICULTURE
- 34-101 Warehouses; supervision of; warehouse fee fund created.
- 34-101a Repealed.
- 34-101b Warehouse examining procedures; federal cooperation; contracts.
- 34-101c Warehouse examining procedures; contracts with federal corporations and agencies; disposition of moneys received; warehouse fee fund.
- 34-101d Repealed.
- 34-101e Repealed.
- 34-102 Duties of secretary; penalties.
- 34-102a Repealed.
- 34-102b Repealed.
- 34-103 Repealed.
- 34-103a Repealed.
- 34-103b Repealed.
- 34-104 Repealed.
- 34-105 Repealed.
- 34-106 Repealed.
- 34-107 Repealed.
- 34-108 Repealed.
- 34-109 Repealed.
- 34-110 Repealed.
- 34-111 Duties of attorney general and county or district attorney.
- 34-112 Repealed.
- 34-112a Repealed.
- 34-113 Repealed.
- 34-114 Repealed.
- 34-115 Repealed.
- 34-116, 34-117 Repealed.
- 34-118 Repealed.
- 34-119, 34-120 Repealed.
- 34-121 Repealed.
- 34-122 Repealed.
- 34-123, 34-124 Repealed.
- 34-125 Charges by grain warehouses; minimum-maximum schedule; determined by the secretary.
- 34-126 Policy of Kansas concerning high-quality grain.
- 34-127 Repealed.
- 34-128 Abolishment of state grain inspection department; transfer of limited powers and duties.
- 34-129 Same; transfer of limited powers, duties and functions from grain inspection to department of agriculture; successor thereto; rules and regulations; title to property.
- 34-130 Same; officers and employees transferred; benefits and rights.
- 34-131 Same; abolishment of positions determined to be unnecessary.
- 34-132 Same; conflicts as to power, function or duty to be resolved by governor.
- 34-133 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.
- 34-134 Same; balance of funds and liabilities transferred.
- 34-135 Same; transfer of property; valuing and selling property; fee fund transferred.
- 34-136 Repealed.
Article 2.—INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES
- 34-201 Repealed.
- 34-202 through 34-204 Repealed.
- 34-205 Repealed.
- 34-206, 34-207 Repealed.
- 34-208 Repealed.
- 34-209, 34-210 Repealed.
- 34-211, 34-212 Repealed.
- 34-213 through 34-217 Repealed.
- 34-218 through 34-222 Repealed.
- 34-223 Definitions.
- 34-224 Repealed.
- 34-225 Repealed.
- 34-226 Repealed.
- 34-227 Repealed.
- 34-227a Repealed.
- 34-227b Rules for operation of grain bank grain.
- 34-228 Warehouseman's license; application; financial statement; waiver; qualifications; functional unit license fee; storage fee; examination of warehouse.
- 34-228a Repealed.
- 34-229 Bond or letter of credit; amount; conditions; multiple warehouses; actions thereon; certificate of information, penalty for failure to post.
- 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.
- 34-232 Repealed.
- 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.
- 34-236 Insurance.
- 34-237 Drying, cleaning and safekeeping of grain; removal and sale of out of condition grain, notice.
- 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.
- 34-241a Identity preserved grain; definition; form of receipt; options for shipment to other warehouse; charges.
- 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.
- 34-247 Repealed.
- 34-248 Repealed.
- 34-248a Repealed.
- 34-249 Repealed.
- 34-249a Warehousemen to furnish on demand of secretary information regarding certain receipts and amounts of grain; monthly statement, contents, signature.
- 34-250 Obligation of warehouseman to deliver.
- 34-251 Inspection of warehouses; procedures; access; scale tests; confidentiality of certain information, exception; penalty for disclosure.
- 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.
- 34-256 Altered receipts.
- 34-257 Repealed.
- 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.
- 34-268 How lien may be lost.
- 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.
- 34-273 Sale of perishable grain or grain that will injure other property; warehouseman's duty of care; liability for neglect.
- 34-274 Disposition of proceeds of sale.
- 34-275 Other methods of enforcing liens not precluded.
- 34-276 Effect of sale.
- 34-277 Negotiations of negotiable receipts by delivery.
- 34-278 Negotiations of negotiable receipts by endorsement.
- 34-279 Transfer of receipt.
- 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.
- 34-290 Repealed.
- 34-291, 34-292 Repealed.
- 34-293 Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.
- 34-294 Repealed.
- 34-295 Negotiation of receipt for grain not owned or encumbered grain with intent to defraud; penalty.
- 34-295a Warehouse records and accounts; required information; authorized methods of maintaining; examination by secretary; period to be retained.
- 34-295b Same; separation from other records; inspection.
- 34-295c Repealed.
- 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.
- 34-299 Disposition of grain upon license expiration; sale of unclaimed grain; disposition of proceeds.
- 34-2,100 Repealed.
- 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.
- 34-2,104 Deficit in grain stored in warehouse or grain handling facility; action by secretary for possession; audit and investigation; temporary receiver; receivership.
- 34-2,105 Same; no defense in criminal action.
- 34-2,106 Same; severability.
- 34-2,107 Priority of owner's interest in stored grain.
- 34-2,108 Repealed.
- 34-2,109 Warehouseman's annual statement of depositor's grain.
- 34-2,110 Warehouseman's annual statement of depositors to secretary.
- 34-2,111 Grain purchase contracts with delayed payment or delayed pricing; required provisions; standby letter of credit, posted notice.
- 34-2,112 Voidable sale of grain to warehouseman; insufficient funds check.
- 34-2,113 Sample of commodity; procedure; powers of secretary.
Article 3.—HAY AND STRAW INSPECTION (Not in active use)
- 34-301, 34-302 Repealed.
- 34-303 Repealed.
- 34-304 through 34-307 Repealed.
- 34-308 Repealed.
- 34-309 through 34-316 Repealed.
Article 4.—WAREHOUSING AND STORAGE OF GRAIN ON FARMS (Not in active use)
- 34-401 through 34-405 Repealed.
- 34-406 through 34-410 Repealed.
- 34-411 Repealed.
- 34-412 through 34-424 Repealed.
- 34-425 through 34-427 Repealed.
- 34-428, 34-429 Repealed.
- 34-430 Repealed.
- 34-431 Repealed.

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