may be paid more than thirty days after the delivery or release of the grain for sale,
only that part of the contract is a credit-sale contract.
2."Deferred-payment contract" means a credit-sale contract for which the amount owed
for the sale of grain has been established, but the payment is postponed until a later
date.
3."Facility" means a structure in which grain purchased by a grain buyer is received or
held.
4."Grain" means wheat, durum, oats, rye, barley, buckwheat, flaxseed, speltz, safflower,
sunflower seeds, tame mustard, peas, beans, soybeans, corn, clover, millet, alfalfa,
and any other commercially grown grain or grass seed. "Grain" does not include grain
or grass seeds owned by or in the possession of the grain buyer which have been
cleaned, processed, and specifically iden
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may be paid more than thirty days after the delivery or release of the grain for sale,
only that part of the contract is a credit-sale contract.
2. "Deferred-payment contract" means a credit-sale contract for which the amount owed
for the sale of grain has been established, but the payment is postponed until a later
date.
3. "Facility" means a structure in which grain purchased by a grain buyer is received or
held.
4. "Grain" means wheat, durum, oats, rye, barley, buckwheat, flaxseed, speltz, safflower,
sunflower seeds, tame mustard, peas, beans, soybeans, corn, clover, millet, alfalfa,
and any other commercially grown grain or grass seed. "Grain" does not include grain
or grass seeds owned by or in the possession of the grain buyer which have been
cleaned, processed, and specifically identified for an intended use of planting for
reproduction and for which a warehouse receipt has not been issued.
5. "Grain broker" means a person that:
a. Is involved in the negotiation of grain transactions in the state;
b. Receives compensation from at least one party to the transaction; and
c. Does not take title to the grain and is not under any financial or contractual
obligation related to the transaction.
6. "Grain buyer" means a person, other than a public warehouseman as defined in
chapter 4.1-58, which purchases or otherwise merchandises grain for compensation.
The term includes a roving grain buyer, grain broker, and grain processor. The term
does not include:
a. A producer of grain that purchases grain from other grain producers to complete a
carload or truckload in which the greater portion of the load is grain grown by the
purchasing producer or used by the purchasing producer for on-farm feedlot
operations in which at least fifty percent of the livestock is owned by the owner of
the farm.
b. A person permitted to sell seed under chapter 4.1-53, if that person buys grain
only for processing and subsequent resale as seed.
c. A person that is an authorized dealer or agent of a seed company holding a
permit in accordance with section 4.1-53-38.
7. "Grain processor" means an entity that purchases grain to process into end products
of a substantially different makeup or nature than the original grain.
8. "Noncredit-sale contract" means a contract for the sale of grain other than a credit-sale
contract.
9. "Receipts" means scale tickets, checks, or other memoranda given by a grain buyer
for, or as evidence of, the receipt or sale of grain except when the memoranda was
received as a result of a credit-sale contract.
10. "Roving grain buyer" means a grain buyer that does not operate a facility where grain
is received.