Ohio § 926.13

§ 926.13.

(A) As used in this section, “ licensed handler ” includes a receiver, trustee, or other custodian of agricultural commodities appointed

for a licensed handler by a court of this state or the United States. (B) Each licensed handler shall at all times, including any period of suspension of his

license, exercise the care in regard to the agricultural commodities in his custody

as a bailee as a reasonably prudent owner would exercise under the same circumstances

and conditions.  Any licensed handler guilty of any action or neglect, the effect of which is to

depreciate the value of commodities stored under bailment agreements in a warehouse

under his control, shall be liable to the depositor damaged by his action or neglect.  Nothing in divisions (B) and (C) of this section shall be construed to indicate

otherwise. (C) If a licensed handler discovers that any agricultural commodity stored in his warehouse,

other than an identity-preserved commodity in a special bin as described in division (E) of section 926.22 of the Revised Code , is out of condition or is in danger of becoming so, and if he is unable to preserve

the commodity, he shall immediately so notify the owner of the commodity, if known,

and the director of agriculture.  The director, unless otherwise requested by the owner of the commodity, shall cause

an inspection to be made of the commodity.  If his inspection reveals that the commodity is out of condition or is becoming

so, and if the owner of the commodity fails promptly to remove it, the handler may

sell the commodity upon giving the same notice of sale as required under section 926.26 of the Revised Code for the sale of a commodity to satisfy a lien.  The commodity may be sold at either public or private sale without advertising if,

in the opinion of the director, the commodity should be sold without delay and the

director gives the handler written authority to make the sale without advertisement.  For the purposes of this section, the owners of the commodity shall be considered

to be, in order: (1) The licensed handler to the extent of any commodity that he owns and stores in his

warehouse; (2) The holders of uncanceled receipts or tickets for commodities in the warehouse in

the order in which the receipts or tickets are dated. Nothing in this section shall relieve any licensed handler from exercising due care

and vigilance in preserving any agricultural commodity after he discovers that the

commodity is out of condition or is becoming so. (D) After an agricultural commodity has been sold as authorized under division (C) of

this section, neither the licensed handler nor the director shall be liable for any

actions that they took under that division.  Proceeds of the sale shall be administered as provided in divisions (C) , (D) , and (E) of section 926.26 of the Revised Code .