ORS 586.400
Duty of warehouse receiving grain for storage

  • damages for failure to deliver

(1)

Except as otherwise provided in subsection (2) of this section, the duty of a warehouse receiving grain for storage or shipment in a public warehouse operated by the warehouse shall be governed by the provisions of ORS 77.4030 (Obligation of bailee to deliver).

(2)

A warehouse’s duty to deliver grain is fulfilled if delivery is made to the several owners in the order of demand as rapidly as it can be done by ordinary diligence; where delivery is made within 48 hours after facilities for receiving the grain are provided, such delivery is deemed to comply with this subsection.

(3)

No warehouse shall fail to deliver grain as provided in this section.

(4)

In addition to being subject to penalties under ORS 586.990 (Penalties) for violation of subsection (3) of this section, if a warehouse fails to deliver grain as provided in this section, the person entitled to delivery of the grain may maintain an action against the warehouse for any damages resulting from the warehouse’s failure to deliver. In any such action the person entitled to delivery of the grain has the option to seek recovery of actual damages or of liquidated damages of one cent per bushel for each day’s delay. [Amended by 1955 c.731 §15; 1961 c.726 §420; 2009 c.181 §112]

Source: Section 586.400 — Duty of warehouse receiving grain for storage; damages for failure to deliver, https://www.­oregonlegislature.­gov/bills_laws/ors/ors586.­html.

586.210
Definitions for ORS 586.210 to 586.730 586.225
Exemption for certain warehousing facilities 586.230
State Department of Agriculture to inspect warehouses and records and make rules to enforce ORS 586.210 to 586.730 586.235
Cooperative agreements for inspections in other states 586.250
Improper acts of department officers or employees and of others improperly influencing them 586.270
Warehouse licenses 586.275
Revocation of or refusal to issue license 586.280
Prohibition against operating a warehouse or issuing a warehouse receipt without a license 586.285
Operation without a license may be enjoined 586.290
Posting of signs at warehouses 586.295
Warehouse to be maintained in adequate manner 586.300
Warehouseman’s bond 586.315
Warehouseman required to insure grain or retain written waiver by depositor 586.330
Investigating and fixing warehouse charges 586.340
Posting rate schedules 586.350
Overcharges, rebates and preferences prohibited 586.360
Warehouseman required to receive grain for storage 586.370
Obtaining blank forms of receipts from department 586.380
Only authorized receipts to be used 586.382
Warehouse records 586.385
Warehouseman’s liability for failure to issue proper receipt 586.395
Warehouseman’s liability for injury to grain 586.400
Duty of warehouse receiving grain for storage 586.410
Loading and shipping instructions 586.415
Approval of holder of receipt required before sale, shipment or other transaction 586.520
Inspection of warehouses 586.525
Procedure in case of probable shortage in grain or where warehouseman refuses to submit to inspection 586.527
Settlement of claims against defaulting warehouseman 586.529
Receivership of warehouse business 586.530
Establishment of standard grades for commodities received 586.550
Warehouseman to keep copy of regulations available for inspection 586.555
Warehouseman’s reports to department 586.561
Discontinuance of operation of warehouse 586.710
Disposition of certain fees 586.720
Application of Uniform Commercial Code–Documents of Title and other laws to public warehouses 586.730
Violation of provisions or noncompliance with order prohibited 586.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 586.400’s source at oregon​.gov