Warehouse Industry Groups

Forms & Instructions  

Does my operation require a TDA Grain Warehouse License?

A Grain Warehouse License is required to operate a grain elevator, or a business engaged in the operation of a public grain warehouse. “Public Grain Warehouse” means a building, bin, or similar structure located in this state and used for:

• The storing of grain for hire (compensation or fee), shipping of grain for hire, or handling grain for hire; or
• The purchase and selling of grain, including grain on which payment is deferred.

For a grain warehouse to be considered suitable for storing, shipping and handling grain, the building, bin, or structure used in a “Public Grain Warehouse” is required to:

• Be suitable for properly storing, shipping, or handling grain that is stored in or expected to be stored in the warehouse;
• Be weather-tight to always protect grain from the elements;
• Be structurally sound and have adequate and safe access for inspection.

Am I exempt from getting a Public Grain Warehouse license?

The following operations are not required to obtain a TDA Public Grain Warehouse license:

• A public grain warehouse licensed by the United States Department of Agriculture (USDA) or another federal agency.
• An individual producer-owner who does not receive grain from others for storage or handling for hire.
• A person who is in the business of selling or processing grain.
• A person who receives grain with the intent of using the grain for planting seed or for feeding livestock on the premises where the grain is received.

If the operation makes changes such that any part of the operation no longer conforms to the exemptions above, the operator is required to obtain a Grain Warehouse license.

How long do I have to keep my records?

Maintain the following records:

File a Complaint

Any change in total storage capacity may be approved after the following requirements are met.

• The operator must submit a completed, signed, and notarized Form RGW-310, along with a check or money order for the inspection fee. The fee for an inspection to increase or decrease licensed storage capacity (including temporary storage) is $38.00 for each 10,000 bushels or a fraction of 10,000 bushels of the increase or decrease in storage capacity, or $200.00, whichever is greater.
• The bond, insurance policy, and net worth minimum requirements apply to the new capacity. An additional bond, a new insurance policy and/or a net worth deficiency bond may be required as a condition of license approval.
• A new financial statement may be needed if the location is separate or not part of the original facility.
• An inspection by an authorized TDA employee must be completed to verify the capacity change.
• Grain may not be stored in the new capacity until approved by the department. 

When the department becomes aware of potential violations involving the storage and handling of grain or the possible insolvency of a public grain warehouse, TDA protects the interests of grain depositors by suspending operations to prevent further movement of farmer owned grain pending an investigation.

Investigations are conducted by TDA inspectors to measure grain in storage; verify accuracy of accounts for grain depositors, sellers and buyers; and analyze storage, handling and financial records to ensure that warehouse operators are in compliance with the state’s public grain warehouse laws and regulations.