warehouse receipts must be pre-numbered within the warehouse station license
number assigned by the Department (see OAR 603-032-0100
). Such warehouse
receipts, both used and unused, must be maintained at the same location where
all other grain storage records are maintained. Used warehouse receipts which
have been returned to or picked up by the warehouseman must be filed together
consecutively and marked "Cancelled". They may be attached to the file copy
maintained by the warehouseman if all are handled in the same manner.
(2) A negotiable warehouse receipt and its
copy must always accurately reflect and represent the amount of grain in
storage. Before any release of grain or any use of grain is permitted,
represented by such negotiable warehouse receipt, the warehouseman must obtain
and keep such receipt, marking it "Cancelled". A new negotiable or
non-negotiable warehouse receipt can then be issued covering the remainder of
the grain that will be in storage (see ORS
586.385). (A warehouseman may
make an appropriate notation of withdrawal of grain on the depositor's
non-negotiable warehouse receipt and on other books of original entry, if
(3) In the event a
warehouse receipt is subject to cancellation in accordance with section (1) or
(2) of this rule, and is lost, mutilated, or destroyed, then the warehouseman
shall obtain an affidavit containing the facts surrounding such loss,
mutilation, or destruction, executed by the person responsible for the custody
of such warehouse receipt. The affidavit shall be subject to review and
approval of the Department and a duplicate original of such affidavit shall be
retained in lieu of the warehouse receipt.
(4) In the event a warehouse receipt is
outstanding and is lost, mutilated, or destroyed, then the warehouseman shall
comply with the provision of ORS
77.6010 (Uniform Commercial
Or. Admin. R.
AD 712, f. 10-3-62, ef.
10-11-62; AD 901(7-69), f. 5-28-69, ef. 7-1-69; DOA 9-1998, f. & cert. ef.
Stat. Auth.: ORS
561.190 & ORS
586.225 - ORS
Stats. Implemented: ORS
586.225 - ORS