NE Public Service Commission
One of the duties of the Commission is to regulate grain warehouses and dealers. The Commission is a constitutionally created executive body established under Article IV, Section 20 of the Nebraska Constitution. The Commission is comprised of five elected Commissioners serving six-year terms. The Commission was initially created by the Legislature in 1885 to regulate railroads. Visit the Nebraska Public Service Commission's New Website
Grain Warehouse and Grain Dealer Statutes, Rules, and Regulations operate under Title 291 - Nebraska Public Service Commission Chapter 8- Grain Warehouse Rules and Regulations.
|Terri Fritz||Administrative Assistant/Accountant|
|Gordon Mohr||Moisture Meter Inspector|
|Robert Leigh||Moisture Meter Inspector|
Grain Rules & Regulations
Grain Dealers - Nebraska Revised Statute Chapter 75, Article 9, Section 903Any person, partnership, corporation, limited liability company, or association, other than a custom feeder of livestock or poultry or a grain warehouse licensed under the Grain Warehouse Act or located in Nebraska and licensed under the United States Warehouse Act that does not buy, sell or transport grain other than grain that is received at its licensed warehouse facilities, who purchases grain or transports grain in or out of Nebraska, or acts as an agent of a buyer or seller for purposes of selling such grain, is required to be licensed. Producers, or businesses, who sell their own grain or buy grain for feeding purposes are exempt from this licensing requirement. Currently, a minimum net worth of $10,000 and a working capital ratio of one to one or better is required for licensing. Read Statute
Need Grain Dealer Forms? Check out NEGFA's Online Store.
Grain Warehouse- Nebraska Revised Statute Chapter 88, Article 5
State law requires that any person, partnership, corporation, limited liability company, or association in Nebraska who receives grain for storage, shipment, or both, must obtain a license for that purpose, except warehouses licensed under the U.S. Warehouse Act. A corporate surety bond, irrevocable letter of credit, certificate of deposit or US Government Securities, in an amount based on the capacity of the licensed facility(ies), must be filed with the Commission, along with proof of adequate insurance coverage against loss of grain in storage. The minimum security filing is $25,000 and the maximum $500,000. All licensed warehouses are inspected at least once every twelve months to assure compliance with the law and Commission regulations. Each applicant must submit to a criminal background check by providing fingerprint cards to the Nebraska State Patrol. Read Statute | Information on Federal Grain Warehouse Licenses
Need Grain Warehouse Forms? Check out NEGFA's Online Store.
Moisture Meters - Nebraska Revised Statute Chapter 89, Article 1, Section 104-108
The Public Service Commission, grain warehouse department, shall enforce the provisions of sections 89-1,104 to 89-1,108. It shall make or cause to be made all inspections and may establish tolerances and specifications for grain moisture measuring devices similar to the tolerances and specifications recommended or used by the grain branch of the United States Department of Agriculture, which shall have for their object the establishment of more accurate grain moisture measuring in the State of Nebraska. The Public Service Commission may charge a fee to cover the cost of inspecting grain moisture measuring devices. Read Statute
The fees charged pursuant to section 89-1,104 shall be remitted by the Public Service Commission to the State Treasurer. The State Treasurer shall credit such fees to the Moisture Testing Examination Fund. The fund shall be appropriated to the Public Service Commission to be used to cover the costs associated with the grain moisture measuring devices program. The money in such fund may be used at any time by the commission. Read Statute
Storage Rates - Nebraska Revised Statute Chapter 88 Section 541
Not less than once each year, the commission shall by order fix reasonable storage rates, and no warehouse licensee shall charge a lesser or greater rate, except upon application to and a hearing before the commission. If, after a hearing, the commission finds that a lesser or greater rate should be ordered, it shall enter a supplemental order fixing a different rate for such applicant. Such charges shall be full compensation for the receiving, handling, storing, delivering, and insuring of grain. No discrimination shall be made between different customers by any state-licensed grain warehouse either in facilities, charges, or handling of any grain, except that members of a cooperative may be given preference in storage facilities in warehouses of the cooperative. The rates charged to any governmental agency shall be exempt from commission regulation. Read Statute
Nebraska Grain Warehouse Surveillance Cash Fund - Nebraska Revised Statute Chapter 88 Section 552
Such fund shall be used solely for disbursing funds and receiving reimbursement for services performed by the commission in the suspension or termination of a warehouse operation, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Read Statute
Grain Moisture Meter & Mechanical Probe Inspections
Moisture Meters: In Nebraska, every device used to ascertain the moisture and test weight content of grain in connection with, or in any manner relating to, the storage, purchase or sale of grain, shall be tested and inspected annually by the Nebraska Public Service Commission's Grain Warehouse Department. Tolerances are established in conjunction with the standard as set by the United States Department of Agriculture. Inspections are conducted annually on these machines by skilled inspectors who also maintain the Standards Laboratory in Lincoln, Nebraska.
Mechanical Probes - Inspectors are responsible for approval and disapproval of all mechanical probes for the taking of a sample from a load of grain to determine foreign material content.
Visit the Nebraska Public Service Commission for a List of Approved Moisture Meters & Probes.