South Carolina § 39-22-80 - Warehouse receipt forms, requirements; electronic receipts exempt; notice to depositor; transfers to other parties.

§ 39-22-80. Warehouse receipt forms, requirements; electronic receipts exempt; notice to depositor; transfers to other parties.

The warehouse receipt forms must be designed or otherwise approved by the commissioner. All orders for the printing of warehouse receipts and bale tags must be preapproved by the department. The receipts must be numbered and the warehouse receiving the forms shall account for each receipt. The receipts may have the lithographed or engraved signature of the commissioner but they must be signed with pen and ink, indelible pencil, or mechanical device approved by the commissioner, by the authorized manager of the licensed warehouse. However, the Commissioner of Agriculture is authorized to accept and process Electronic Warehouse Receipts (EWR) from qualified providers, as defined by pertinent federal regulations governing EWR, and in so doing, is further authorized to exempt EWR from the provisions of this chapter to the extent these provisions are in conflict with pertinent federal regulations governing EWR, or to the extent that application of the provisions of this chapter renders acceptance and processing of EWR by the department impracticable. If a warehouseman elects to utilize electronic warehouse receipts, he must provide written notice to the depositor that the EWR have been issued to the depositor, the numbers of the EWR so issued and that the receipts are being held on his behalf and cannot be transferred to any other party without the depositor's written consent. The consent must be on a form approved by the commissioner and it must be signed in the presence of the warehouseman, and attested to by him. Provided, however, that a warehouseman may accept a notarized copy of the written notice form.

HISTORY: 1990 Act No. 436, SECTION 1, eff April 24, 1990; 1997 Act No. 29, SECTION 1, eff May 21, 1997; 1998 Act No. 375, SECTION 2, eff May 26, 1998.

Effect of Amendment

The 1997 amendment added the fifth sentence.

The 1998 amendment added the sixth, seventh, and eighth sentences.