SECTIONS 1880-1881.2 - California Statutes

CIVIL CODE

SECTION 1880-1881.2

1880. This chapter may be cited as the Private Bulk Grain Storage
Law.

1880.1. As used in this chapter:
(a) "Grain" includes barley, corn, flax, hay, grain sorghums,
oats, rice, rye, and wheat.
(b) "Seller" means a producer of grain who continues to store
grain after sale thereof by him in storage facilities owned,
operated, or controlled by him.
(c) "Storage facilities" means any bin, building, elevator,
protected enclosure, or other structure owned, operated, or
controlled by the seller of the grain stored therein.
(d) "Private bulk storage" means the storage of grain in storage
facilities after sale of such grain by a seller.
(e) "Buyer" means a purchaser of grain which is thereafter stored
in private bulk storage, and includes the assigns and successors in
interest of such buyer.
(f) "Bill of sale" means a written instrument, conforming to the
requirements of this chapter, which evidences a transfer of grain.

1880.2. The seller shall conspicuously mark on all storage
facilities "private bulk storage only" and with a designating number
on each such facility and such markings shall be maintained at all
times during which grain remains in private bulk storage therein.

1880.3. Grain in private bulk storage facilities may be sold in
conformity with this chapter by bill of sale without delivery and no
provision of Section 3440 of this code or of any other law requiring
delivery or actual and continued change of possession shall be
applicable to grain so sold.

1880.4. Upon sale of grain which is to remain in private bulk
storage the seller shall execute and deliver to the buyer a bill of
sale which shall contain all of the following:
(a) The date and place where made.
(b) The names of the seller and the buyer.
(c) A statement of the estimated quantity and kind of grain.
(d) A statement of the location and designating numbers of the
storage facilities in which the grain is stored.
(e) A statement of the price per unit and a statement of the
amount received by the seller.

1880.5. The bill of sale may contain other provisions, including
reference to or provision for any one or more of the following:
(a) Provision that the total price is based upon the estimated
weight and that the total price may be adjusted in accordance with
the outturn weight.
(b) A statement that the buyer may have free use of the designated
storage facilities until a specified date and that any extension
beyond the specified date granted by seller must be endorsed under
the signature of seller on the bill of sale.
(c) A statement that seller has the legal right to extend to buyer
the use of designated storage facilities.
(d) A statement that actual possession of the grain by the buyer
is to be taken on board trucks at the storage facility, or on
railroad cars, or in the storage facility, or as may be agreed upon.
(e) A statement that if actual possession be not taken within the
time specified, due to any cause not chargeable to seller, the seller
may consign the same at buyer's risk and expense to a specified
destination.

1880.6. Execution and delivery by a seller of a bill of sale shall
pass seller's title to the grain covered thereby to the buyer and
such title passes to the assignees of the buyer upon further
endorsement and delivery of the bill of sale.

1880.7. Upon the issuance of any such bill of sale, the seller
shall immediately post upon the storage facilities containing the
grain a notice in substantially the following form:

"Notice of Sale

On this ____ day of ____, 19_, grain in this storage facility
numbered ____, estimated to be ____ bushels of ____ (designating the
kind of grain) was transferred and sold as follows:
Name of Seller ____ Name of original Buyer ____
Address of Seller ____ Address of Buyer ____
Grain to be removed by buyer on or before ____, 19_,
(If date extended such fact and the date to which extended must
appear on the notice)."

Such notice shall be maintained by seller in a conspicuous place
upon the storage facility at all times during which the grain
involved continues to be stored therein.

1880.8. No delivery shall be made of any portion of the grain so
privately stored unless the bill of sale therefor is presented to the
seller, or other person in charge of the storage facility, and the
amount of grain so delivered plainly endorsed upon the bill of sale;
but this provision shall not apply to any consignment of the grain by
the seller to the buyer upon the expiration of the time for delivery
specified in the bill of sale.

1880.9. The presentment of the bill of sale by the holder to seller
shall be presumptive evidence that the person presenting it is
entitled to delivery of the grain described therein unless the seller
has knowledge of facts or circumstances sufficient to place him on
notice that the possession of the instrument by such person is
unlawful.

1881. If any grain in private bulk storage is not removed or
delivered on or before the original date of delivery specified in the
bill of sale and in the notice of sale, it shall be lawful for the
seller to continue to store such grain to the order of the buyer upon
such terms as may be agreed upon.

1881.1. A seller who shall willfully fail to comply with the
requirements of notice and posting as provided for in Section 1880.2
or in Section 1880.7 shall be guilty of a misdemeanor and punishable
by imprisonment in the county jail not exceeding six months, or by
fine not exceeding one thousand dollars ($1,000), or by both. No sale
of grain shall be invalidated by reason of any lack or irregularity
in connection with such notice or posting.

1881.2. The storage of grain pursuant to this chapter shall not
constitute the depositary a warehouseman or storer of goods for hire
and no storage facility shall be deemed to constitute a warehouse or
public place of storage.