2005 Idaho Code - 69-202 — DEFINITIONS

                                  TITLE  69
                                  WAREHOUSES
                                  CHAPTER 2
                             BONDED WAREHOUSE LAW
    69-202.  DEFINITIONS. As used in this chapter:
    (1)  "Agricultural commodity" or "commodity" means any grain, wheat,
barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other
leguminous seeds and feeds (not including minerals or seed crops) or any other
commodity as determined by the director.
    (2)  "Commodity dealer" or "dealer" means any person who solicits,
contracts for, or obtains from an Idaho producer or producers, title,
possession or control of any agricultural commodity through his place of
business located in the state of Idaho or through his place of business
located outside the state of Idaho for the purposes of sale or resale or who
buys, during a calendar year, at least ten thousand dollars ($10,000) worth of
agricultural commodities from an Idaho producer or producers of the
commodities. Commodity dealer or dealer shall not mean any person who
purchases agricultural commodities for his own use as seed or feed within his
own operation.
    (3)  "Contract" means a written agreement between two (2) or more parties
for the sale of an agricultural commodity stipulating the terms and conditions
of performance of the parties and includes, but is not limited to, those
contracts commonly referred to as credit sales, deferred payment, delayed,
production, bailment or price later contracts.
    (4)  "Deliver" or "delivery" means the physical transfer of agricultural
commodity from one (1) party to another.
    (5)  "Department" means the Idaho state department of agriculture.
    (6)  "Depositor" means any person who deposits an agricultural commodity
in an Idaho state licensed warehouse for storage, handling, processing,
reconditioning or shipment, or who is the owner or legal holder of a
negotiable warehouse receipt, outstanding scale weight ticket, nonnegotiable
warehouse receipt or other evidence of such deposit, or any person whose
agricultural commodity has been sold to or is under control of a warehouseman
for selling, processing, reconditioning or handling whether or not such
agricultural commodity is within the warehouse.
    (7)  "Director" means the director of the Idaho state department of
agriculture.
    (8)  "Failure" means the date that one (1) or more of the following events
occurred, as determined by the director:
    (a)  An inability to financially satisfy claimants in accordance with this
    chapter and the time limits provided for in it;
    (b)  A public declaration of insolvency;
    (c)  A revocation of license and the leaving of an outstanding
    indebtedness to a depositor or producer;
    (d)  A failure to redeliver any commodity to a depositor or to pay
    depositors or producers for commodities purchased by a licensee or to pay
    a producer for commodity delivered under the provisions of the contract in
    the ordinary course of business;
    (e)  A failure to make application for license renewal within sixty (60)
    days after the annual license renewal date; or
    (f)  A denial of the application for a license renewal.
    (9)  "Historical depositor" means any person who, in the normal course of
business operation has consistently made deposits in the same warehouse of
commodities produced on the same land. In addition, anyone purchasing or
leasing that particular land directly from the original depositor or receiving
that particular land by devise, descent, bequest or gift directly from the
historical depositor shall also be considered an historical depositor with
regard to the commodities produced on that land.
    (10) "Person" means any individual, firm, association, corporation,
partnership or limited liability company.
    (11) "Producer" means the owner, tenant or operator of land in this state
who has an interest in the proceeds from the sale of agricultural commodities
produced on that land. Producer does not include growers who deposit their
commodity in a facility in which they have a financial or management interest,
except members of a cooperative marketing association qualified under chapter
26, title 22, Idaho Code.
    (12) "Public warehouse" or "warehouse" or "warehouseman" means any
elevator, mill, warehouse, subterminal commodity warehouse, public warehouse
or other structure or facility in which agricultural commodities are received
for storage, shipment, processing, reconditioning or handling.
    (13) "Receipt" means a warehouse receipt.
    (14) "Revocation" means the permanent removal of a warehouse license
following a hearing on violations of this chapter by the hearing officer or
director.
    (15) "Scale weight ticket" means a load slip or other evidence, other than
a receipt, given to a depositor by a warehouseman licensed under the
provisions of this chapter, upon initial delivery of the commodity to the
warehouse.
    (16) "Seed crops" means any seed crop regulated by chapter 4, title 22,
Idaho Code.
    (17) "Subterminal warehouse" means any warehouse at which an intermediate
function is performed in which agricultural commodities are customarily
received from dealers rather than producers and where the commodities are
accumulated prior to shipment.
    (18) "Suspension" means the temporary removal of a warehouse license by
the department pending a hearing for violations of this chapter. Correction of
the violations prior to a hearing may result in the reinstatement of a license
without a hearing.
    (19) "Termination" means the expiration of a warehouse license due to
failure to meet minimum licensing requirements, failure to renew a warehouse
license or as requested by the licensee, unless a complaint has been filed
against the licensee alleging a violation of any provision of this chapter.
    (20) "Transfer" means, unless otherwise defined by the parties in writing,
the event when a producer or his agent delivers a commodity to a warehouseman,
who then weighs the commodity, and gives the producer or his agent a scale
weight ticket or other written evidence of transfer.
    (21) "Warehouse receipt" means every receipt, whether negotiable or
nonnegotiable, issued by a warehouseman, except scale weight tickets.
    (22) "Warehouseman" means a person operating or controlling a public
warehouse.