Effective July 2, 2022, a licensee may not enter into a deferred pricing agreement in connection with grain purchases that extends beyond the crop year for the delivered grain as defined in Indiana Code 26-3-7-2(7). Additionally, a licensee may not transfer the deferred pricing agreement to a new contract beyond the crop year for the delivered grain.

If a deferred pricing agreement in connection with a grain purchase was entered into before July 1, 2021, the licensee shall complete full payment obligations to the seller under the agreement before January 1, 2024. The determined price date of a deferred pricing agreement shall be:

1. The determined price date set forth in the deferred pricing agreement, if that date occurs before January 1, 2024.
2. If option 1 does not apply, a determined price date that is mutually agreed to by the licensee and the seller.
3. Or if options 1 and 2 do not apply, the date on which the licensee completes their payment obligations to the seller.

If a licensee is found out of compliance with this section, the director shall issue a notice stating that the licensee has 30 days to price grain for the initial deferred pricing agreement. If a licensee fails to price grain within 30 days of the notice, the director may impose a fine on the licensee up to $1,000. If a licensee fails to price grain within 60 days of the date of the notice, the director may impose a fine up to $2500 per month until the licensee is compliant.

Source: Indiana Code 26-3-7-26.5

• asphalt or concrete floor,
• rigid, self-supporting sidewalls,
• aeration,
• acceptable waterproof covering,
• access to the grain for the purpose of sampling; and,
• the grain must be removed from temporary storage by May 1 of the year following the harvest, unless an extension is granted by the agency director.

Once a temporary or emergency storage request has been approved, the grain is considered an increase in licensed capacity and subject to the same requirements as grain stored in conventional spaces. Warehouse operators are also responsible for maintaining the quantity and quality of the grain.

These options are only available to licensees with a grain bank, warehouse or buyer-warehouse license.

How to apply for temporary or emergency storage

All request for temporary or emergency storage must be submitted to the Agency in writing on company letterhead via first class mail or electronic mail.  For further assistance, please contact the Agency's main office by calling (317) 232-1360.

Mailing Address:
Indiana Grain Buyers and Warehouse Licensing Agency
One North Capitol Avenue, Suite 600
Indianapolis, IN 46204

Electronic Mail:
ingrainbuyers@isda.in.gov