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(b) Accurately record the determined weight, grade, or quality.
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13(2) T
imely payment to producers. A grain dealer shall pay for grain when
14payment is due. A grain dealer may not make payment by nonnegotiable check or
15note or by check drawn on an account containing insufficient funds.
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16(3) P
ermanent business location. A grain dealer licensed under s. 126.11 shall
17do all of the following:
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(a) Maintain a permanent business address at which grain producers may
19readily contact the grain dealer during business hours.
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(b) On each day that the Chicago Board of Trade is open for trading, keep
21business hours that start no later than 9 a.m. and end no earlier than 2:30 p.m.
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(c) Prominently post the grain dealer's business hours at each of the grain
23dealer's business locations in this state.
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24(4) P
rohibited practices. No grain dealer may do any of the following:
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1(a) Misrepresent the weight, grade, or quality of
grain received from or
2delivered to any person.
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(b) Falsify any record or account, or conspire with any other person to falsify
4a record or account.
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(c) Make any false or misleading representation to the department.
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(d) If the grain dealer is licensed under s. 126.11, engage in any activity that
7is inconsistent with a representation made in the grain dealer's annual license
8application.
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(e) Make any false or misleading representation to a grain producer or producer
10agent related to any matters regulated under this chapter.
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(f) Fail to file the full amount of security required under s. 126.16 (7) by the date
12that the department specifies.
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13126.21 Grain producer obligations. (1) D
elivery per contract. No grain
14producer or producer agent who contracts to sell and deliver grain to a grain dealer
15at an agreed price may wrongfully refuse to deliver that grain according to the
16contract.
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17(2) D
isclosure of liens and security interests. A grain dealer procuring grain
18from a grain producer or producer agent may require the grain producer or producer
19agent to disclose any liens or security interests that apply to the grain. The grain
20dealer may require the disclosure in writing. The grain dealer may require the grain
21producer or producer agent to specify the nature and amount of each lien or security
22interest and the identity of the person holding that lien or security interest. No grain
23producer may falsify or fraudulently withhold information required under this
24subsection in order to sell grain.
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1subchapter IV
2GRAIN WAREHOUSE KEEPERS
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3126.25 Definitions. In this subchapter:
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4(1) "Capacity" means the maximum amount of grain, measured in bushels,
5that can be stored in a grain warehouse. The capacity of a grain warehouse is
6determined by dividing the cubic volume of all bins, expressed in cubic feet, by 1.244
7cubic feet per bushel, and applying a pack factor that the department specifies by
8rule.
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9(2) "Contributing grain warehouse keeper" means a grain warehouse keeper
10who is licensed under s. 126.26, who either has paid one or more quarterly
11installments under s. 126.30 (6) or is required to contribute to the fund, but the first
12quarterly installment under s. 126.30 (6) is not yet due, and who is not disqualified
13under s. 126.29 (2).
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14(3) "Current ratio" means the ratio of the value of current assets to the value
15of current liabilities, calculated according to s. 126.28 (6) (c) 1.
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16(4) "Debt to equity ratio" means the ratio of the value of liabilities to equity,
17calculated according to s. 126.28 (6) (c) 2.
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18(5) "Depositor" means any of the following:
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(a) A person who delivers grain to a grain warehouse keeper for storage,
20conditioning, shipping, or handling, without transferring ownership to the
21warehouse keeper.
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(b) A person who owns or legally holds a warehouse receipt or other document
23that is issued by a grain warehouse keeper and that entitles the person to receive
24stored grain.
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1(6) "Disqualified grain warehouse keeper" means a grain warehouse keeper
2who is disqualified from the fund under s. 126.29 (2).
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3(8) "Grain warehouse" means a facility in this state that is used to receive,
4store, or condition grain for others or that is used in the shipment of grain for others,
5except that "grain warehouse" does not include a transport vehicle.
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6(9) "Grain warehouse keeper" means a person who operates one or more grain
7warehouses in this state to receive, store, condition, or ship grain for others, except
8that "grain warehouse keeper" does not include a person licensed under the United
9States Warehouse Act,
7 USC 241 to
271.
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10(9m) "License year" means the period beginning on September 1 and ending
11on the following August 31.
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12(11) "Warehouse receipt" means a receipt for grain, issued by a grain
13warehouse keeper, that is also a document of title under s. 401.201 (15).