C.R.S. Section 35-36-210
Use of scale tickets and negotiable warehouse receipts

(1)

It is unlawful to issue paper negotiable warehouse receipts other than those furnished by the department. A licensee shall issue these receipts consecutively, as numbered, and each receipt must state the date on which it is actually issued.

(2)

Nothing in this part 2 prevents the issuance of nonnegotiable scale tickets or other nonnegotiable evidence of a similar nature showing the date on which the commodities were received, the quantities received, and the condition of the commodities upon their delivery.

(3)

When partial withdrawal of a commodity is made by an owner, the warehouse operator shall make an appropriate notation of the partial withdrawal on the depositor’s nonnegotiable warehouse receipt or on such other records as may be prescribed by the department. If, before the partial withdrawal of the commodity, the warehouse operator has issued a negotiable warehouse receipt to the owner, the warehouse operator shall claim, cancel, and replace it with a new negotiable warehouse receipt, showing the amount of the owner’s commodity remaining in the public warehouse.

(4)

Every commodity handler or small-volume commodity handler receiving commodities for storage or handling shall immediately, upon receipt of each load, issue to every person delivering the commodity a scale ticket, which must contain the net weight of each separate draft or load of the commodity and the dockage, if any, to be levied at the time of delivery, and such other information as may be required by the department.

(5)

Acceptance of commodities for storage by a warehouse operator for which a negotiable warehouse receipt is issued constitutes a bailment process and not a sale. If a warehouse operator fails to claim and cancel a negotiable warehouse receipt issued on delivery for commodities stored in the warehouse operator’s public warehouse and the negotiation of which would transfer the right of possession of that commodity, the warehouse operator is liable, to a good faith purchaser for value, for the warehouse operator’s failure to deliver to the purchaser all the commodities specified in the receipt. This liability applies whether the purchaser acquired title to the negotiable warehouse receipt before, on, or after the delivery of any part of the commodity by the warehouse operator.

Source: Section 35-36-210 — Use of scale tickets and negotiable warehouse receipts, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑36‑101
Short title 35‑36‑102
Definitions 35‑36‑103
Commissioner - rules - delegation of powers and duties 35‑36‑104
Cease-and-desist order - restraining order 35‑36‑105
Civil penalties 35‑36‑106
Penalties 35‑36‑107
Appeal 35‑36‑109
Repeal of article 35‑36‑201
Licenses - commodity handler - rules 35‑36‑202
Exemptions 35‑36‑203
Commodity handler licenses - application requirements - fee 35‑36‑204
Licenses - requirements - rules 35‑36‑205
Disciplinary powers - licenses 35‑36‑206
Bailment of commodities 35‑36‑207
Credit sale contracts - rules 35‑36‑208
Commodity grades established - rules 35‑36‑209
Negotiable warehouse receipts - rules 35‑36‑210
Use of scale tickets and negotiable warehouse receipts 35‑36‑211
Commodity handler records - separate and distinct - time of maintenance - definition 35‑36‑212
Warehouse operator’s liability for disposal of tainted commodities 35‑36‑213
Enforcement - inspection of commodity handlers’ property - confidentiality 35‑36‑214
Procedure on shortage - refusal to submit to inspection 35‑36‑215
Inspection fees 35‑36‑216
Bonds or irrevocable letters of credit - exemptions 35‑36‑217
Unlawful acts - definition 35‑36‑301
Legislative declaration 35‑36‑302
Application for license - rules 35‑36‑303
License fee - renewal - rules 35‑36‑304
Bonds and irrevocable letters of credit - exemptions 35‑36‑305
Investigations, hearings, and examinations 35‑36‑306
Disciplinary powers - licenses 35‑36‑307
Credit sale contracts - rules 35‑36‑308
Records of dealers 35‑36‑309
Records of small-volume dealers 35‑36‑310
Daily reports and settlements 35‑36‑311
Pooled consignment 35‑36‑312
Enforcement 35‑36‑313
Unlawful acts - definition 35‑36‑314
Penalties for theft of farm products
Green check means up to date. Up to date

Current through Fall 2024

§ 35-36-210’s source at colorado​.gov