Administrative Rule Review Report #AR11-052
Legislative Service Office
4-Oct-11
AGENCY: Department of Agriculture
DATE SUBMITTED: 9/26/2011
SUBJECT: Chapter 17, Regulations for Handling, Buying, Selling & Storing of Grain
NATURE OF RULES: Legislative, procedural
STATUTORY AUTHORITY: W.S. 11-11-101 through 11-11-121
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES: The rules being amended deal with handling, buying, selling and storing grain. The rules are amended by removing certain unused definitions and adding the definition of "grain processing establishments". The provisions on warehouse receipts are revised to provide for the issuance of negotiable warehouse receipts and providing provisions for lost negotiable warehouse receipts. The rules are also amended to require the issuance of scale tickets for the deposit of grain which are considered nonnegotiable receipts. The provisions for the condition of warehouses is revised to remove certain requirements related to fire hazards. The rules are also amended to specify that access by rodents and birds is under the requirements for sanitation of the warehouse. The rules are amended to specify that additional storage is not allowed to be used until a sufficient bond is provided to the Department. The formula for computation of the bond amount is revised to be based on the Denver cash grain price. Finally, the rules are amended to specify that inspection and audit practices will be based on commonly accepted practices of the Association of Grain Regulatory Officials.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Joshua Anderson
Staff Attorney
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Lynda G. Cook
Staff Attorney
JDA/cj