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34-251. Inspection of warehouses; procedures; access; scale tests; confidentiality of certain information, exception; penalty for disclosure.

34-251

Chapter 34.--GRAIN AND FORAGE
Article 2.--INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES

      34-251.   Inspection of warehouses; procedures; access; scale tests;confidentiality of certain information, exception; penalty for disclosure.(a) All persons owning property, or who may be interested in the same, inany public warehouse and all duly authorizedexaminers of such propertyshall be at full liberty toinspect and to examine any and all property stored in any public warehousein the state at all times during regular business hours. Allproper facilities shall be extended to such personsby the public warehouseman and thewarehouseman's agents and employees for suchexaminations and inspection. The secretary shall inspect, orcause tobe inspected by a duly authorized examiner, every warehouse, the businessthereof and the mode of conducting the same at such times asthe secretary deems necessary. The property, books, records,accounts, papers andproceedings kept at such warehouses, so far as they relate to the operationor management of public storage, which have reference only to the quantity,quality and insurance on grain in storage, shall be subject to examinationand inspection of the secretary or thesecretary's dulyauthorized examiner at all times during regular business hours. All scalesor weighing or measuring devices used forweighing or measuring of property in public warehouses shall be subjectto tests by anyduly authorized inspector or weighmaster or by the secretary or the secretary'sauthorized representative atany time when required by any such officer, or by any person oragent whose property has been or is to be weighed on suchscales.

      (b)   Any public warehouseman who uses scales forgrain weighing thathave been found on inspection to be inaccurateand that have not been pronounced correct and properly sealed shallbe liable to be proceeded against as hereinafter provided.

      (c)   No inspector or employee of the department shalldisclose any information obtainedby such inspector or employee in the course ofemployment which is relative to the affairs ortransactions of any warehouseman, other than as permitted by this act,without first having obtained the express permission in writing of suchwarehouseman or of the secretary,except when ordered to doso by a court of competent jurisdiction. Upon application of any person,the secretarymay disclose or direct anyinspector or employee of thedepartment to disclose anyinformation which, in the opinion of the secretary, the person making theapplication is entitled toreceive. If any inspector oremployee discloses any such information except as permitted by thisact, the inspector or employee shall be guilty of a misdemeanor.

      History:   L. 1931, ch. 194, § 29; L. 1984, ch. 150, § 12;L. 1990, ch. 364, § 5;L. 1997, ch. 160, § 31; Sept. 1.

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