C.R.S. Section 35-36-211
Commodity handler records

  • separate and distinct
  • time of maintenance
  • definition

(1)

A commodity handler or small-volume commodity handler operating another business in conjunction with, or in proximity to, the handler’s commodity handling business shall keep a complete set of records for the commodity handling business, entirely separate and distinct from the accounts and records of that other business. The deposits of commodities for the account of another business or for commodities owned by the commodity handler or small-volume commodity handler shall be entered in the books of the commodity handler or small-volume commodity handler in the same manner as those of other depositors. For the purpose of this section, “other business” means any other separate and legally established enterprise that is distinct and separate from the legal and financial transactions of the commodity handling business.

(2)

Commodity handlers or small-volume commodity handlers shall maintain adequate records and systems for the filing and accounting of negotiable warehouse receipts, canceled negotiable warehouse receipts, scale tickets, and other documents and transactions necessary or common to the commodity handling industry. A commodity handler or small-volume commodity handler shall retain canceled negotiable warehouse receipts, copies of scale tickets, and copies of other documents evidencing ownership or ownership liability for a period of at least three years after the date of cancellation.

(3)

A commodity handler or small-volume commodity handler shall post a position report daily; however, if a daily position report poses a substantial hardship, the commissioner may authorize, in writing, a weekly position report. The position report must include, but need not be limited to, total stocks by commodities received or loaded out, forwarding of commodities to terminal storage, conversions of whole commodities to feed, negotiable warehouse receipt obligations, open storage obligations, credit sale contracts, and public-warehouse-owned commodities.

(4)

A scale ticket shall be issued for each receipt of commodities. A copy of the scale ticket shall be given to the owner. A commodity handler or small-volume commodity handler shall file the commodity handler’s or small-volume commodity handler’s copy with all other such copies in numerical sequence and shall file and retain voided scale tickets at the commodity handler’s or small-volume commodity handler’s place of business. Scale tickets shall be issued in numerical sequence. An issued scale ticket must contain the following: Sequential number; date; owner’s name; commodity handler’s or small-volume commodity handler’s name; commodity; test weight with dockage, if applicable; grade, if assigned; gross weight; tare weight; and net weights, in the case of weights from hopper scales.

(5)

A settlement sheet shall be maintained for each owner and shall contain the following: Owner’s name; scale ticket numbers; total receipts; total withdrawals; test weight; and grade, if assigned. A copy of a current settlement sheet shall be provided to the owner upon request.

Source: Section 35-36-211 — Commodity handler records - separate and distinct - time of maintenance - definition, 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

§ 35-36-211’s source at colorado​.gov