(1) The provisions of this part 2 that apply to warehouse operators do not apply to the owner or operator of a public warehouse or other facility where the owner or operator:
Operates a public warehouse in this state with a valid license issued either by theUnited States department of agriculture or under the "United States Warehouse Act", 7 U.S.C. sec. 241 et seq.;
Receives only commodities that the owner or operator has purchased, that the owneror operator is processing or cleaning for the owners of the commodities, or that the owner or operator is maintaining for such other purposes as the department may, by rule, prescribe; and
Keeps written evidence, as required by the department, that clearly shows that thewarehouse operator maintains the commodities for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section. The department shall consider a commodity left or deposited with a warehouse operator whose records do not include evidence that the commodity was left or deposited for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section as a commodity deposited for storage and handling.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 725, § 2, effective June 29.
Editor's note: This section is similar to former § 35-36-104 as it existed prior to 2020.