[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR736.27]

[Page 253]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 736--GRAIN WAREHOUSES--Table of Contents
 
Sec. 736.27  Loading out without weighing.

    (a) When the lawful owner of an entire lot of identity preserved 
grain or a mass of grain stored in a single bin requests the 
warehouseman to deliver said lot or mass without reweighing said grain, 
the warehouseman may make such delivery if there is an accurate record 
of the weight of such grain when received. Such deliveries shall be made 
only when the lawful owner agrees to assume all shortages and other 
risks incidental thereto, and after the warehouse receipts covering all 
of the grain in the container have been surrendered to the warehouseman 
and canceled. After the receipts covering such grain have been 
surrendered for cancellation no other grain shall be placed in the bin 
until the entire lot has been delivered.
    (b)(1) When the lawful owner of fungible grain requests the 
warehouseman to deliver grain out of the warehouse without weighing, the 
warehouseman may, but is not compelled to, make such delivery provided 
the grain is to be moved into another warehouse in the United States 
where weights can be established. The weights established at the 
receiving warehouse must be supervised by an independent weighing agency 
unless the shipping warehouse and the receiving warehouse are operated 
by the same warehouseman, or unless destination weights are available 
within 24 hours of shipment. Whenever a warehouseman delivers fungible 
grain out of a warehouse without weighing, the weight of the grain 
unloaded at the receiving warehouse shall be the weight used to 
determine fulfillment of the shipping warehouseman's delivery 
obligations.
    (2) When fungible grain is delivered out of the warehouse without 
weighing, the warehouseman shall estimate as accurately as possible the 
weight of the grain delivered out and shall promptly obtain destination 
weights from the receiving warehouse. Should the Administrator determine 
that such estimated weights are not reasonably accurate, or that 
destination weights are not promptly obtained, or that destination 
weights are not supervised by an independent weighing agency when 
required, he may thereafter require the warehouseman to weigh all 
fungible grain delivered out of the warehouse.
    (3) Any weight certificate issued covering grain delivered out of 
the warehouse without being weighed must state in bold letters on the 
face of the certificate the fact that the weight is an estimated weight.

[40 FR 19011, May 1, 1975. Redesignated at 50 FR 1814, Jan. 14, 1985]