6.1. Public Warehouse Operations. The public
warehouse must ensure the facility conditions and equipment are suitable for
the storing and shipping of commodities and must ensure:
6.1.1. The physical condition of the public
warehouse is able to protect against weather conditions that may cause
deterioration of the commodities stored therein;
6.1.2. The public warehouse possesses
handling equipment that is in good working order and sufficient to transfer
commodities safely into and out of the warehouse, and to otherwise maintain the
quality of the commodity while in storage;
6.1.3. The public warehouse possesses scales
that are of sufficient capacity to efficiently and accurately weigh commodities
into and out of the warehouse; and
6.1.4. All areas of the public warehouse in
which a commodity is stored can be safely measured during a Department
examination. If any area of a public warehouse is unsafe to examine, only the
area(s) the examiner can safely inspect will be included in the inventory of
that examination.
6.2.
Facility Requirements. A public warehouse must comply with the following:
6.2.1. Ensure all grain is stored in approved
warehouse space;
6.2.2. Store all
grain in a manner that permits easy access for inspecting, sampling, measuring
and identification;
6.2.3. Allow
for complete access to storage bins for inspection purposes by providing
ladders and access to inspection doors and manways;
6.2.4. Securely affix clearly discernible
numbers to identify grain bins and other authorized licensed storage areas.
Temporary and emergency storage must be numbered in such a manner that clearly
shows the approved space;
6.2.5.
Maintain warehouse(s) in sound physical condition consistent with good
warehousing practices; and
6.2.6.
Keep the warehouse and the property on which it is located clean and safe at
all times.
6.3. Storage
Capacity. Approved storage space may be used only when all other licensing
requirements have been met, and a public warehouse license has been issued by
the Commissioner.
6.3.1. The licensed storage
capacity of the public warehouse may be increased upon the Commissioner's
written verification that the space to be added meets all necessary
requirements. Prior to using any additional space, the warehouse operator,
based on the increased capacity, must increase stock insurance and its surety
bond to the amounts required pursuant to sections
35-36-204, C.R.S., and
35-36-216(1)(a),
C.R.S.
6.3.2. The licensed storage
capacity of the public warehouse may be decreased, or space deleted from a
license. However, if the space is connected to other licensed space by grain
transporting equipment, the Commissioner may consider the space as a single
functional unit and require the space to remain licensed.
6.4. Emergency and Temporary Storage. The
public warehouse operator may, under the Commissioner's sole discretion,
license emergency or temporary storage space for commodities. The requirements
for flooring, sidewalls, and immobility in Part 3.3.6 may be modified by the
Commissioner for emergency or temporary storage on a case-by-case basis. Any
request for such exemption must demonstrate adequate protection for any stored
commodity.
6.4.1. Prior to utilizing emergency
or temporary space, a public warehouse operator must:
* Submit a written request to the Department for the use of
the emergency or temporary storage, including the location and the total bushel
amount to be stored;
* Operate the emergency and temporary storage space in
conjunction with the licensed warehouse;
* Meet all bonding, net worth, financial assurance and
insurance requirements;
* Provide access to the emergency and temporary storage space
for examination purposes;
* Maintain separate inventory records of each commodity
stored in emergency and temporary storage space, as well as accounting for such
commodities in the Daily Position Report; and
* Provide notification to the Department of the date when all
the commodities stored in temporary and emergency space have been
removed.
6.4.2. A public
warehouse operator requesting the use of temporary storage, including but not
limited to grain storage bags, must:
* Use asphalt, concrete or other approved base
materials;
* Use rigid self-supporting sidewalls;
* Provide adequate aeration;
* Provide acceptable covering or tarp;
* Provide written notification before reusing licensed
temporary space for another crop year; and
* Pick up all grain in temporary storage by July 1.
Additional time to pick up grain may be requested so long as the grain is in
adequate condition.
6.4.3. A
public warehouse operator requesting the use of emergency storage must pick up
all grain in emergency storage by May 1. Additional time to pick up grain in
emergency storage may be requested so long as the grain to be picked up is
still in adequate condition.
Notes
37
CR 13, July 10, 2014, effective 7/30/2014
44
CR 13, July 10, 2021, effective
7/30/2021
44
CR 23, December 10, 2021, effective
12/30/2021
