(1) The provisions of this article 36 that apply to warehouse operators do not apply to the owner or operator of any public warehouse or other facility where the owner or operator:
(a) Operates a public warehouse in this state with a valid license issued either by the United States department of agriculture or under the provisions of the "United States Warehouse Act", 7 U.S.C. sec. 241 et seq.;
(b) Receives only commodities that the owner or operator has purchased, or that he or she is processing or cleaning for the owners of the commodities, or that he or she is maintaining for such other purposes as the department may, by rule, prescribe; and
(c) Keeps written evidence, as required by the department, that clearly shows that the warehouse operator maintains the commodities for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section. The department shall consider a commodity left or deposited with a warehouse operator whose records do not include evidence that the commodity was left or deposited for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section as a commodity deposited for storage and handling.
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