Section 0080-05-13-.02 - APPLICABILITY OF RULES(1) These rules apply to all persons in the State of Tennessee who buy grain from producers.(2) Any person who is engaged in the business of buying grain from producers for reasons other than resale, milling, or processing, shall not be considered to be a grain dealer unless substantial amounts of the grain purchased are used subsequently for resale, milling or processing and not for the reason first purchased, and further provided that:(a) The reason for the purchase of the grain is shown on a contract with the producer; and/or(b) The buyer can demonstrate that grain not used for the reason first purchased did not meet the quality standards of its intended use, or those agreed upon by the buyer and seller.(c) Should the buyer elect to dispose of grain referenced in (b) of this rule, such disposition must be made through a licensed grain dealer.(3) Any person that stores grain for a consideration shall be required to have a license in accordance with chapter 0080-5-14COMMODITY WAREHOUSEREGULATIONS.Tenn. Comp. R. & Regs. 0080-05-13-.02
Original rule filed July 10, 1991; effective August 24, 1991.Authority: T.C.A. §§ 4-3-203 and 43-32-213.