Warehouse Receipts Required; Obtaining Printed Forms; Use of Electronic Receipts Authorized

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Warehousemen
  5. State Licensed and Bonded Warehouses
  6. Warehouse Receipts Required; Obtaining Printed Forms; Use of Electronic Receipts Authorized

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  1. Unless otherwise required by law or by rule or regulation, an original receipt shall be issued for cotton and, at the option of the warehouseman or depositor, for any other agricultural products owned or stored by the warehouseman under this article. No receipt shall be issued, however, unless such products are actually stored in the warehouse at the time of the issuance of the receipt. The receipted agricultural product will remain the property of the depositor until it is transferred or sold by him or her. Initial receipts for cotton shall be issued in the name of the producer. Transfers or sales from the cotton producer shall be endorsed by his or her signature on forms authorized by the Commissioner.
  2. To regulate receipts issued by warehousemen licensed under this article, receipts issued by such warehousemen shall be obtained by warehousemen from approved printers and delivered through the Department of Agriculture at the expense of the warehousemen. Orders of the warehousemen for receipts from printers approved by the Commissioner shall be forwarded to the Department of Agriculture for approval as to the form and source of supply of the receipts. To regulate further the receipts issued under this article, the printer shall transmit all receipts printed for a warehouseman to the Department of Agriculture, so as to enable the Commissioner to maintain an accurate record of the numbers of such receipts and the quantity delivered. It shall be a violation of this article for any warehouseman to issue any warehouse receipt except upon receipts obtained as provided in this Code section. It shall be unlawful for any printer to print any warehouse receipt for any warehouseman licensed under this article without the approval of the Commissioner.
  3. The Commissioner is authorized to permit the use of warehouse receipts obtained prior to March 17, 1959, upon receipt by the Commissioner of proof satisfactory to the Commissioner of the quantities and sources of such receipts held by the warehouseman.
  4. The Commissioner is authorized to accept as full compliance with this Code section the submission of a sample of the receipts to be printed and a copy of the invoice covering the shipment of such receipts that shows the quantity and quality of the receipts printed for the warehousemen.
  5. The Commissioner is authorized to permit the use of electronic warehouse receipts and to accept as full compliance with this Code section electronic warehouse receipts obtained by warehousemen from insured electronic warehouse receipt providers approved by and under an operational agreement with the Department of Agriculture. A computer printout issued on behalf of a state licensed warehouse by an approved electronic warehouse receipt provider shall be sufficient to comply with this article if such printout is sufficient to meet existing requirements of the electronic warehouse receipt program administered by the United States Department of Agriculture.

(Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 12; Ga. L. 1955, p. 261, § 2; Ga. L. 1959, p. 246, § 3; Ga. L. 1981, p. 656, § 1; Ga. L. 1996, p. 1200, § 1; Ga. L. 1997, p. 143, § 10; Ga. L. 1998, p. 1384, § 1; Ga. L. 2000, p. 136, § 10; Ga. L. 2007, p. 462, § 1/SB 220.)

Cross references.

- Provisions of the "Uniform Commercial Code" dealing with warehouse receipts, § 11-7-201 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Warehouses, § 28 et seq.

C.J.S.

- 93 C.J.S., Warehousemen and Safe Depositaries, § 35 et seq.

ALR.

- Nature and validity of "hedging" transactions on the commodity market, 20 A.L.R. 1422.

Right of purchaser of warehouse receipt against warehouseman, 38 A.L.R. 1205.

"Warehouse purchase receipt" as bailment or contract of sale, 91 A.L.R. 907.

Validity as against third person of sale or pledge of goods, or receipts issued for goods, retained in warehouse on premises of seller or pledgor (field warehousing), 133 A.L.R. 209.

Warehouseman's liability for loss occasioned by failure to issue a proper receipt to depositor, 168 A.L.R. 945.


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