Fair treatment.

(a) Contingent upon the capacity of a warehouse, a warehouse operator will deal in a fair and reasonable manner with persons storing, or seeking to store, an agricultural product in the warehouse if the agricultural product is: (1) Of the kind, type, and quality customarily stored or handled in the area in which the warehouse is located; (2) Tendered to the warehouse operator in a suitable condition for warehousing; and (3) Tendered in a manner that is consistent with the ordinary and usual course of business. (b) Nothing in this section will prohibit a warehouse operator from entering into an agreement with a depositor of an agricultural product to allocate available storage space.