SECTION 13.15. Shortage of Grain

(a) A warehouse operator shall correct all shortages that are greater than 3% within a 24-hour period or other specified time period assigned by the department.

(b) A warehouse operator shall notify the department when a shortage has been corrected.

(c) A warehouse operator may correct shortages by spot purchasing and delivery or transferring from company-owned grain of the same type with equal or higher value (i.e., class and grade, including subclass for wheat).

(d) A warehouse operator may correct shortages by purchasing the shortage amount from depositors.

(e) A warehouse operator may correct shortages by purchasing the difference between class and grade stored and class and grade of the replacement grain, but only with written agreement from the depositor and documentation of payment.

(f) A shortage is considered corrected when replacement grain is actually in storage at the same facility or actually in storage at a terminal facility with proper documentation in the warehouse (with shortage) records or when payment has been made to the depositor.

Source Note: The provisions of this §13.15 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525