Ala. Admin. Code r. 80-6-5-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-6-5-.06 - Storage And Recording Of Receipts, Records And Goods

(1) There shall be a warehouse record of every receipt issued for cotton or other articles of value which shall be a duplicate of the receipt issued as to the following:

1. tag letter, if used;

2. receipt number;

3. place and date of issuance of the receipt;

4. person to whom issued;

5. description of the article; and

6. the signature of the person authorized to sign receipts.

(2) A numerical record book or Electronic Warehouse Receipt (EWR) record shall be kept by all warehousemen, which shall furnish the following information:

1. date of issuance of receipt;

2. from whom article received;

3. number of receipt (which shall correspond to tag number of bale or other article);

4. weight of bale, or in case of other articles, the weight, measure or other approved description;

5. date of delivery and

6. to whom delivered. All books and records of all warehouses must be kept posted to date, so as to show a true condition of the warehouse at all times.

(3) All books, records except EWR records, receipts and cancelled receipts must be kept in a fireproof safe or vault so that in case of fire they will not be damaged or destroyed. In case of fire, and the destruction or damage therefrom of articles on which receipts are outstanding, the warehouseman shall notify the Commissioner of Agriculture and Industries immediately by wire or telephone. The Commissioner shall, on receipt of such notice, proceed immediately to make an audit of the article, receipts and records of the warehouse.

(4) No property shall be delivered to anyone except upon the surrender and cancellation of the receipt issued for the storage of such property, and such receipt, except for EWR record shall be cancelled by tearing or cutting out that portion of the receipt which contains the signature of the warehouseman; provided, however, the warehouseman may cancel such receipts by perforation which shall stamp the word "Cancelled" on each such receipt, but before a warehouseman shall use this method of cancellation, permission therefor shall be obtained from the Commissioner of Agriculture and Industries. An EWR record shall be cancelled by warehouse through Provider database.

(5) All cancelled warehouse receipts shall be kept by the warehouseman and set up or filed in numerical order in sequence according to serial numbers of the receipts.

(6) In the event a warehouse receipt becomes lost or destroyed after such receipt is surrendered to the warehouseman and the property covered by the receipt is delivered to the receipt holder, the warehouseman shall execute and furnish to the Commissioner of Agriculture and Industries an affidavit stating the reason why the receipt or receipts cannot be produced, list receipt numbers together with such other information as the Commissioner may require. The foregoing requirement must be complied with by the warehouseman before the Commissioner is authorized to delete the numbers of any cancelled receipts involved from the warehouseman's outstanding receipts where such receipts have been lost or destroyed.

(7) Any warehouseman who receives cotton or other articles of value and issues a receipt for same, places the said cotton or other article of value outside of warehouse for a longer period of time than seventy-two hours, and who fails to stamp across the face of the receipt at the time of issuance, the words "stored in the open", shall be held to have violated Code of Ala. 1975, § 8-15-16. Cotton or other articles of value having been stored inside the warehouse, and later moved outside of the warehouse, must be insured by the warehouseman at the time it is "stored in the open", provided that the receipt is outstanding and uncancelled by the warehouseman.

Cotton or other articles of value "stored in the open" may be moved inside the warehouse, and a new receipt issued, provided the original receipt on which the words "stored in the open" are endorsed is taken up and cancelled at the time, and that the insurer of the article so transferred be given notice at the time of such transfer.

(8) Every warehouseman shall, upon acceptance of any bale of cotton or other article in package or separate unit form (not fungible) for storage, immediately attach thereto a tag of good quality which shall be numbered to correspond to the number of warehouse receipts issued for same.

(9) Every warehouseman shall so store and arrange every bale of cotton or any other goods so that a tag check may be made as needed. The warehouse owner shall, upon reasonable request by Department examiner, promptly present cotton receipts and storage records and move or rearrange cotton bales to allow accurate count and/or tag check.

(10) All warehouses must be constructed so as to exclude dampness and moisture from beneath and the roof must be kept in good repair so as to prevent leaks.

(11) When baled cotton suffers damage while stored in a public warehouse, the warehouseman shall as promptly as feasible reweigh the damaged bales, effect the necessary repairs and again reweigh the bales after repairs are completed. Notice that such repairs have been made, including bale tag numbers, reweights before repairs and reweights after repairs shall be promptly mailed or delivered to the holder of the warehouse receipts covering such cotton as soon as such holder or owner can be identified.

(12) Scales used in weighing cotton in public warehouses shall be tested for accuracy at least once daily and when such scales have been moved from one location to another.

(13) Every warehouse storing commodities for the public shall be open or the warehouseman shall be available by a posted notice five days each week (Monday through Friday with holidays excepted) a minimum of eight hours per day for the delivery of commodities. Every such warehouse shall post a notice on the outside front door of the warehouse, or other conspicuous place thereon, which notice shall give the name, address and telephone number of the warehouseman or one or more of his employees who can be contacted for the delivery of stored commodities in order that such information may be available to storers of commodities when the warehouse is closed. Each warehouse shall show in its published tariff the hours of the day that it will be open and also the name, address and telephone number of the person who can be contacted for delivery of commodities when the warehouse is closed.

Author: Robert J. Russell

Ala. Admin. Code r. 80-6-5-.06

Filed April 19, 1992. Amended: Filed August 11, 1995; effective September 15, 1995. Amended: Filed June 24, 1997; effective July 29, 1997.

Statutory Authority:Code of Ala. 1975, § 8-15-2.