Section 291-8-001 - GENERAL001.01DEFINITIONS: As used in Chapter 8 unless the context otherwise requires:
001.01AApproved Grain Moisture Measuring Device: A device included on the list of Approved Grain Moisture Measuring Devices or if a new device, has a current National Type Evaluation Program Certificate at the time of purchase.001.01BCommission: The Nebraska Public Service Commission.001.01CDelivery: The voluntary transfer of possession from one person to another.001.01DDepositor, Storer and/or Owner: Any person who has grain stored with a warehouseman. However, unless said person complies with these regulations, said person shall not have the protection or benefit of the public grain warehouse security. Owner does not include mortgagee or pledgee.001.01EDirect Delivery: All grain that is bought, sold or transported in the name of the licensee other than grain that is received at the licensed warehouse facilities.001.01FDirect Delivery Obligation: The obligation of a warehouseman/dealer to transfer title to warehouse owned grain to a producer via an in-store transfer upon the direct delivery. A direct delivery obligation is treated as a dealer obligation until such time as it is satisfied by an in-store transfer.001.01GDirect Delivery Ticket: A ticket issued for grain upon direct delivery of grain in the name of the licensee that is not received or deposited into a public grain warehouse.001.01HEnd Intake Air Probe: Any instrument which is used by any person for the collection of grain samples, for testing of grain offered for sale, processing, or storage by use of vacuum to collect the sample, excluding transfer of the taken sample.001.01IGrain: The term shall include, but is not limited to, wheat, corn, oats, soybeans, barley, rye, flax, or sorghum which has not been processed or packaged for the purpose of distribution as seed, including edible beans, whole corn plant pellets, alfalfa pellets, millet, sunflower seed, safflower seed, and any other bulk pelleted agricultural storable commodity; provided that, as used in Section 004, all beans, whole corn plant pellets, alfalfa pellets, millet, safflower seed and any other bulk pelleted agricultural storable commodity will be grain whether or not processed or packaged for distribution as seed.001.01JGrain Dealer: Any person, other than a feeder or custom feeder of livestock or poultry or a grain warehouse licensed under the Grain Warehouse Act or located in Nebraska and licensed under the United States Warehouse Act that does not buy, sell, or transport grain other than grain that is received at its licensed warehouse facilities, who (a) buys grain from the producer within this state for purposes of selling such grain, or (b) acts as an employee or agent of a buyer or seller for purposes of collective bargaining in the marketing of grain.001.01KGrain (Grain Bank): Grain which has been deposited with a licensee to be held for the account of the depositor, storer and/or owner, to be returned to the depositor, storer and/or owner, at a later date upon request, processed in some form in amounts to be determined by the depositor, storer and/or owner, usually in the form of processed feed and not intended for storage or sale to the licensee.001.01LGrain (Processed): Any grain in which the whole kernel has been physically altered by a process such as rolling, cracking, grinding, or extruding. This definition shall not include grain which has only been cleaned, graded, separated, and/or bagged.001.01MGrain in Storage: Any grain which has been received at any public grain warehouse and to which title has not been transferred to the warehouseman by signed contract or priced scale ticket.001.01NHand Trier: A probe which does not use air flow as a means of obtaining a sample from a load of grain.001.01OHolder of a Receipt: A person who has actual possession of a receipt and a right of property therein, and includes a person who has served written notice on the Nebraska Public Service Commission as provided in Subsection 002.08D1.001.01PIn-Store Transfer: A method by which a warehouseman transfers title to warehouse owned grain to any person in satisfaction of a direct delivery obligation between the warehouseman/dealer and producer, and the grain remains in the warehouse.001.01QMechanical Probe: A probe which uses air flow as a means of obtaining a sample from a load of grain.001.01RNebraska State Board of Public Accountancy: The licensing and regulatory board for certified public accountants and public accountants.001.01SPerson: The term includes, but is not limited to, a corporation, partnership, cooperative, association, limited liability company, or two or more persons having a joint or common interest.001.01TPost-Direct Delivery Storage Position: A storage position acquired through an In-Store Transfer in satisfaction of a direct delivery obligation.001.01UProbe, Probing Device: Any device used to obtain a sample from a load of grain.001.01VPublic Grain Warehouse and/or Warehouse: Any grain elevator building or receptacle in which grain is held for longer than ten (10) days and will include, but not be limited to, all buildings, elevators and warehouses, consisting of one or more warehouse sections within the confines of a city, township, county, or state, that are considered a single delivery point, with the capability to receive, load out, weigh, and store grain.001.01WQualified Seller of Stored Grain: Any person who, not more than five (5) business days prior to the date the Commission officially closes the warehouse, owned and, sold. grain stored, in the warehouse and had not received payment. from the warehouse licensee for such grain, but shall not include grain sold by signed contract or priced scale ticket. 001.01XReceipt: A warehouse receipt.001.01YReceipt (Collateral): Any receipt issued in the name of the warehouseman for grain owned by the warehouseman, and pledged to a lender for the purpose of protecting the interests of the lender.001.01ZReceipt (Electronic): Any non-paper receipt issued by a licensed grain warehouseman under procedures adopted by the Commission for the electronic issuance of receipts.001.01AAReceived: Any grain that is physically deposited into a licensed public grain warehouse. 001.01BBRegistrar of Receipts: The Grain Warehouse Director or named designee. 001.01CCScale Ticket: A load slip or other evidence, other than a receipt, given to a depositor by a warehouseman licensed under the Grain Warehouse Act, upon the grain being received at a public grain warehouse. 001.01DDScale Ticket (Priced): A scale ticket, including the original and all copies, which is marked as sold or priced or for which the agreed sale price is indicated on the original and all copies of the scale ticket. The original scale ticket must be issued to the party making delivery in accordance with Neb. Rev. Stat. Section 88-535 (1994). 001.01EEStandard Meter: A moisture meter used by a Commission representative for comparative tests to determine accuracy of another meter. 001.01FFValue: Any consideration sufficient to support a simple contract. 001.01GGWarehouseman: Any person who: 001.01GG1 Receives grain for storage or stores or offers to store grain for legal consideration for another person in a warehouse where delivered; or,001.01GG2 Receives grain for shipment to other points for storage, consignment, or resale either in or out of this state.001.02Construction : The following rules will be used in construing Chapter 8, unless the context otherwise requires:
001.02A Reference to any person, depositor, storer, owner, holder, or warehouseman will be deemed to include a personal representative, executor, administrator, heirs or other person having lawful authority to act on their behalf.001.02B The singular number will be construed to also mean plural.001.03Forms: The use of all forms prescribed by the Commission relative to this chapter is mandatory and they will be obtained and used by the warehouseman at his or her own expense. Forms for applications, bonds, stock insurance verification, and irrevocable letters of credit will be available from the Commission without charge and can be found at the end of this chapter.
291 Neb. Admin. Code, ch. 8, § 001